Document Millcreek_doc_1f90c6efda

Title 18 - Zoning Code Community Council Review Draft – January 2025 Millcreek Planning and Zoning 1/3/25 ---PAGE BREAK--- Millcreek Code Update Preface I 1 Table of Contents: Table of Contents: 1 Preface 4 18.01 General Provisions 5 18.02 Purpose and Applicability 7 18.03 Enforcement 7 18.04 Review Bodies and Land Use Authority 8 18.05 11 18.06 Section Reserved 12 18.07 Section Reserved 12 18.08 Section Reserved 12 18.09 Section Reserved 12 18.10 Section Reserved 12 18.11 Section Reserved 12 18.12 Section Reserved 12 18.13 Application Procedures Purpose and Applicability 13 18.14 Land Use Authority Designations and General Application Procedures 15 18.15 Land Use Application Steps 24 18.16 Specific Procedures by Application Category and Type 32 18.17 Section Reserved 76 18.18 Section Reserved 76 18.19 Section Reserved 76 18.20 Section Reserved 76 18.21 Section Reserved 76 18.22 Section Reserved 76 18.23 Section Reserved 77 18.24 Section Reserved 77 18.25 Subdivisions 77 18.26 Section Reserved 85 18.27 Section Reserved 85 18.28 Section Reserved 85 18.29 Section Reserved 85 18.30 Section Reserved 85 18.31 Section Reserved 85 18.32 Section Reserved 85 18.33 Section Reserved 85 18.34 Zone Districts 86 18.35 Agricultural Zone (AG) 88 18.36 Forestry Recreation Estate Zone (FRE) 91 18.37 Single-Household Residential (R-1) Zones 99 18.38 Two-Household Residential (R-2) Zones 109 18.39 Medium Density Residential Zone (R-4) 117 18.40 Residential Mixed Zone (RM) 119 ---PAGE BREAK--- Millcreek Code Update Preface I 2 18.41 Mobile Home/Tiny Home (MH/TH) 141 18.42 Mixed Development Zone (MD) 144 18.43 Mixed-Use Development Zone (MD-3) 154 18.44 Neighborhood Commercial Zone (C-1) 164 18.45 Commercial Zone 174 18.46 Institutional Facilities Zone (IF) 196 18.47 Light Manufacturing Zones 205 18.48 City Center Overlay Zone (CCOZ) 214 18.49 Village Center Special Districts (VCSD) 252 18.50 Section Reserved 257 18.51 Section Reserved 257 18.52 Section Reserved 265 18.53 Section Reserved 265 18.54 Section Reserved 265 18.55 Section Reserved 265 18.56 Section Reserved 265 18.57 Section Reserved 265 18.58 Development and Use Standards 265 18.59 Temporary Uses and 267 18.60 Accessory Structures 273 18.61 Nonconformities 275 18.62 Sensitive Lands 281 18.63 Floodplain Hazards Mitigation 300 18.64 Parking And Mobility Standards Error! Bookmark not defined. 18.65 Landscape Standards 328 18.66 Signs 358 18.67 Fences and Retaining Walls 376 18.68 Outdoor Lighting 389 18.69 Required Studies and Plans 394 18.70 Single-Household and Two-Household Dwelling Standards 402 18.71 Accessory Dwelling Unit Standards 405 18.72 Building Height 412 18.73 Historic Preservation 414 18.74 Residential Facilities for Persons with a 429 18.75 Wireless Telecommunications Facilities 432 18.76 Special Business Land Use Regulations 443 18.77 Animal Regulations 448 18.78 Affordable Housing 451 18.79 Section Reserved 455 18.80 Section Reserved 457 18.81 Section Reserved 457 18.82 Section Reserved 457 18.83 Section Reserved 457 ---PAGE BREAK--- Millcreek Code Update Preface I 3 18.84 Section Reserved 457 18.85 Section Reserved 457 18.86 Section Reserved 457 18.87 Section Reserved 457 18.88 Section Reserved 457 18.89 Section Reserved 457 18.90 Section Reserved 457 18.91 Section Reserved 457 18.92 Section Reserved 457 18.93 Section Reserved 457 18.94 Section Reserved 457 18.95 Section Reserved 458 18.96 Section Reserved 458 18.97 Section Reserved 458 18.98 Definitions 458 ---PAGE BREAK--- Millcreek Code Update Preface I 4 Preface Vacant titles, chapters, or sections may be designed for future use and marked “Reserved” to ease internal expansion. Drafting legislation with this list order better reconciles the content in local software and hard copies, with the content in this online code. The legislative history beneath a legislation's content identifies the specific legal sources, and may be provided to substantiate the online code. This Land Use Code is supplemented from time to time with amendments and additions made by the Millcreek City Council. The specific legal sources that comprise this Land Use Code have been adapted during the codification process from the original formatting of the official hard copy. The online version provides a searchable database for easy reference and convenience. In the event of discrepancies between the online version and the official hard copy, the official hard copy governs. This Land Use Code may not reflect all or the most current version of legislation adopted by the Council that has yet to be updated online. Also, the Land Use Code may not reflect rules or other regulations promulgated under the authority of the code, including technical specifications. For more information contact the city recorder. ---PAGE BREAK--- Millcreek Code Update General Provisions I 5 18.01 General Provisions 18.01.010 Title and Effective Date A. Title. This title shall be known as the "Uniform Land Use Ordinance of Millcreek, Utah," and may be so cited and pleaded. This title shall also be known as Title 18, Millcreek Code of Ordinances or Title 18 City Code of Ordinances, or the Land Use Code. B. Effective Date. This Title is effective as of [adoption date] 18.01.020 Purpose and Authority A. This title is designed and enacted for the purpose of promoting the health, safety, morals, conveniences, order, prosperity, and welfare of the present and future inhabitants of City, including, among other things, the lessening of congestion in the streets or roads, securing safety from fire and other dangers, providing adequate light and air, classification of land uses and distribution of land development and utilization, protection of the tax base, securing economy in governmental expenditures, fostering the City's agricultural and other industries, and the protection of both urban and nonurban development. B. This title is adopted as set forth in Utah Code Section10-9a-101 et seq., Municipal Land Use, Development, and Management Act, the general welfare power delegated to municipalities as set forth in Utah Code Section 10-8-84, Ordinances, Rules and Regulations, and the police power authority of local government established by Utah common law. 18.01.030 Applicability The ordinances of the county existing on December 27, 2016, covering the zoning of areas and districts in the City, in their entirety, including the maps adopted and made a part of such ordinances, are hereby superseded and amended to read as set forth in this title; provided, however, that this title, including the maps on file with the city and by this reference, made a part hereof, shall be deemed a continuation of previous ordinances, and not a new enactment, insofar as the substance of revisions of previous ordinances is included in this title, whether in the same or different language; and this title shall be so interpreted upon all questions of construction, including but not limited to questions of construction, relating to tenure of officers and boards established by previous ordinances, and to questions of conforming or nonconforming uses, buildings or structures, and to questions as to the dates upon which such uses, buildings or structures became conforming or nonconforming. 18.01.040 Effect of Revision or Amendment Any amendment or revision to this title, including the zoning map, shall supersede any prior provisions or ordinances. Provisions of this title and the zoning map not affected by or in conflict with the amendment or revision shall continue to be valid and shall not be considered a new enactment when amendments or revisions are adopted. Any prior provisions of City land use ordinances which do not now conform to provisions of this title are declared void. Any uses, ---PAGE BREAK--- Millcreek Code Update General Provisions I 6 structures or buildings which were legally established and conforming to previous provisions of this title but do not now conform are regulated as nonconformities as set forth in MKZ 18.60. 18.01.050 Resolution of Conflicts Where conflicting provisions exist in this title or between this title and other ordinances or laws, the more restrictive provision shall prevail unless the language clearly creates an exception. This title does not nullify or modify the provisions of other covenants, restrictions, agreements, ordinances or laws but prevails notwithstanding such less stringent requirements. 18.01.060 Interpretation and Clarification The Planning Director, after consulting with the City Attorney, may clarify and interpret the provisions of this title, including the zoning map, where there is disagreement or confusion regarding said provisions. The requirements contained in this title shall be construed as minimums or maximums for the purposes for which the requirements are set forth. 18.01.070 Relationship to Other Ordinances Other relevant provisions not found in this title which are applicable to the use and development of land include, but are not limited to, the following: A. Title 8, Animals B. Title 9, Health and Safety C. Title 14, Highways, Sidewalks, and Public Places D. Title 15, Buildings and Construction E. Title 16, Community Development and Public Facilities F. Title 17, Flood Control and Water Quality 18.01.080 Relationship to the General Plan The City hereby adopts the Millcreek Together General Plan and Map, as an advisory, but not a mandatory guide for land use decisions. 18.01.090 Effect of the Transportation Master Plan and Standards for Highways, Sidewalks, and Public Places Property owners shall consider proposed streets and street widths indicated in the Millcreek Transportation Master Plan and the standards for highways, sidewalks, and public places as set forth in Title 14 of the Millcreek Code in the planning of a development. Where development is proposed, the property owner is required to dedicate and improve (or pay a bond for the cost of improvements) any street, or portion thereof, which is planned in or necessitated by the development and that is reasonably related to the development's impact on the City's transportation system. Where a planned street abuts or traverses a property, required yard spaces shall be measured from the proposed right-of-way lines of the street. ---PAGE BREAK--- Millcreek Code Update I 7 18.01.100 Preservation of Lot or Parcel Space No space needed to meet requirements for lot or parcel width, yard or open space, lot or parcel area, building coverage, parking, landscaping, public street frontage or other requirements of this title for a lot, parcel, or building may be transferred, sold, bequeathed, or leased apart from such lot, parcel, or building unless other space is provided which will achieve compliance. No land may be sold or transferred which will result in a lot that does not comply with the provisions of this title. 18.01.110 Certificate of Occupancy and Zoning Compliance It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises until a certificate of occupancy has been issued for the premises and/or building by the City. It is unlawful to occupy or to allow the occupancy of any building with uses which are not authorized under the original certificate of occupancy. A new certificate of occupancy must be obtained if the use of the building is intensified or changed to the extent that the original certificate is no longer valid due to violations of occupancy and use codes. A certificate of occupancy may not be issued until all conditions and requirements of the pertinent conditional use permit, site plan and/or plat are met. 18.01.120 Permits and Plans Required It shall be unlawful to construct, reconstruct, remodel, relocate, or alter a building, structure, wall, fence, grade, or change land use without first obtaining required permits or approvals from the City. No grading or change in land use shall commence without first obtaining approval from the City. Applications for permits shall be accompanied by a complete submittal checklist with complete materials as specified on the applicable checklist. Plans shall include actual dimensions of the lot to be built upon, the size and setbacks of existing and proposed buildings and structures, adjacent buildings and structures and other information as required by this title and as deemed necessary by the Building, Fire, Engineering and Planning Departments. Where required, conditional use permits, site plans and/or plats must be approved prior to permit issuance. An applicant is entitled to approval of a land use application if the application conforms to the requirements of the City's future land use plan map, zoning map, and this title if a complete application is submitted and all fees have been paid, unless the Land Use Authority, on the record, finds that a compelling, countervailing public interest would be jeopardized by approving the application, or the City has formally initiated proceedings to amend its ordinances in a manner that would prohibit approval of the application as submitted. 18.02 Enforcement 18.02.010 Enforcement Authority The Planning Director is the officer charged with enforcing this title. The Director of Animal Services is designated as the enforcement official for MKZ 18.77, Animal Regulations which shall ---PAGE BREAK--- Millcreek Code Update I 8 be enforced pursuant to MKC 8.10.010. Enforcement of this Title shall follow the procedures set forth in MKC 1.16 and MKC 1.18 18.02.020 Powers and Duties A. The Planning Director is authorized to inspect or cause to be inspected all buildings and structures in the course of construction, modification or repair and to inspect land uses to determine compliance with the provisions of this title; provided, however that no such inspection shall be required as a condition precedent to commencement or continuation of any construction, modification or repair of building or structure. B. The Planning Director shall enforce all provisions of this title, employing all legal means available to do so. In the enforcement of this title, the Planning Director, or any employee of the division authorized to represent the Planning Director, shall have the right to enter any building for the purpose of determining the use thereof or to enter the premises for the purpose of determining compliance with the provisions of this title, provided that such right of entry shall be exercised only at reasonable hours and that in no case shall entry be made to any occupied building in the absence of the owner or tenant thereof without the written order of a court of competent jurisdiction. 18.02.030 Unlawful Use Prohibited A. No land, building, or structure shall be used for any purpose or use not allowed in the zone in which such land, building, or structure is located. B. Violation of any of the provisions contained in this title is prohibited. Any person who violates the provisions of this title shall be subject to the criminal and civil penalties set forth in MKC 1.18. 18.03 Review Bodies and Land Use Authority 18.03.010 Planning Commission A. Purpose. It is the intent of this Land Use Code that a Planning Commission be created which will represent the concerns of diverse citizen groups, as well as the broad interests of the community as a whole, and reflect the laws of the State; that membership of this Planning Commission provide balanced representation in terms of geographic, professional, neighborhood and community interest; and that a wide range of expertise relating to development of a healthy and well-planned community be sought when establishing or altering the composition of the membership of the Planning Commission. Suggested interests from whom expertise might be selected are as follows: banking, development, contracting, engineering, geology and seismology, law, ecology, behavioral sciences, historic preservation, architecture and landscape architecture. It is not, however, intended that the composition of the Planning Commission be limited to professionals, but rather, that it represents a cross- section of the community. ---PAGE BREAK--- Millcreek Code Update Review Bodies and Land Use Authority I 9 B. Composition. The Planning Commission shall be comprised of nine members. Members of the Planning Commission shall be appointed by the Mayor, with the advice and consent of the Council; except for the initial terms as provided below, terms shall be for four years. Appointment shall be by resolution of the Council. Members of the Planning Commission may serve successive terms. All appointed members of the Commission must be bona fide residents and qualified electors of Millcreek. C. Powers and Duties. The Commission shall:: 1. Make a recommendation to the Council for a general plan and amendments to the general plan; 2. Make a recommendation to the Council for land use ordinances, zoning maps, official maps, and amendments; 3. Make a recommendation to the Council for the proper delegation od power to at least one land use authority to hear and act on all other land use applications; 4. Be the designated land use authority to hear and act on land use applications for major subdivisions, including major Regular Residential Subdivisions: 5. Make a recommendation to the Council for the proper delegation of power to at least one land use appeal authority to hear and act on an appeal from a decisision of the land use authority; and 6. Administer application processes that: a. May include a designation of routine land use matters that, upon application and proper notice, will receive informal streamlined review and action if the application is uncontested; and b. Shall protect the right of each: applicant and third party to require formal consideration of any application by a land use authority; applicant, adversely affected party, or municipal officer or employee to appeal a land use authority's decision to a separate appeal authority; and participant to be heard in each public hearing on a contested application; and 7. Exercise any other powers necessary to enable it to perform its functions delegated to it by the Council, or conferred upon it by statutes of the state of Utah. D. No Compensation or Reimbursement. Unless the Council modifies this policy, members of the Planning Commission will not receive compensation or reimbursement for any expenses. E. Removal and Vacancy. The Mayor may remove members of the Planning Commission may be removed by the Mayor with the advice and consent of the Council. The Mayor shall ---PAGE BREAK--- Millcreek Code Update Review Bodies and Land Use Authority I 10 fill any vacancy occurring on the Planning Commission with the advice and consent of the Council for the unexpired term of such member. The Mayor shall also fill any vacancy on the Planning Commission due to the expiration of a term , with the advice and consent of the Council. F. Planning Commission Procedures. 1. The Planning Commission shall annually elect a chair, a vice chair, and such other officers it deems advisable from among its members. The chair and such other officers elected by the Planning Commission shall serve for a term of one year and may serve successive terms. 2. Five members of the Planning Commission shall constitute a quorum. 3. The Planning Commission shall adopt rules of order and procedure for use by the Planning Commission in public meetings and for any other purposes considered necessary for the functioning of the Planning Commission. Such policies and procedures shall be approved by the Council before taking effect. 4. The Planning Commission shall establish its meeting schedule, which the Council shall approve before taking effect. All meetings, including any necessary public hearings, shall be held after regular working hours. The Planning Commission’s meetings and public hearings of the Commission shall be public meetings as set forth in Utah Code Section 52-4-101 et seq, Open and Public Meetings Act, and shall be held in a designated public place. 18.03.020 Land Use Hearing Officer (LUHO) A. Creation. A Land Use Hearing Officer (LUHO) is hereby created as set forth in Utah Code Ann. 10-9a, Municipal Land Use, Development, and Management Act. It is the intent of the Council that the Land Use Hearing Officer (LUHO) satisfies the requirement of the above-referenced statute for an appeal authority to hear and decide requests for appeals from decisions applying land use ordinances. B. Composition And Organization 1. The LUHO consists of one member, appointed by the Mayor, with the advice and consent of the Council, for a term determined at the time of appointment. 2. The Mayor, with the advice and consent of the Council, shall fill any vacancy on the authority for the unexpired term of the member whose office is vacant. 3. The LUHO shall be organized as deemed appropriate and as approved by the Council. C. Hearings and Due Process 1. The LUHO shall hold hearings as necessary and shall not have ex-parte contacts. It shall have the authority to administer oaths, provide an opportunity for cross- examination, and direct the proceedings in a quasi- ---PAGE BREAK--- Millcreek Code Update I 11 judicial manner, so that each participant’s due process rights are respected. All hearings must be open to the public and recorded. 2. Notice Requirements. Noticing shall be as set forth in MKZ 18.15.080, Public Notice. 3. Upon request Millcreek will provide copies to all parties of public regarding the matter. Otherwise no discovery shall be allowed except as specifically ordered and scheduled by the LUHO. 4. Hearings shall be conducted with appropriate formality and decorum to protect due process rights. The Utah Rules of Evidence and Rules of Civil Procedure are used as guidelines, and are not strictly followed or applied. The rules regarding authorization, foundation, hearsay, or relevance shall not be strictly applied. 18.04 Appeals 18.04.010 Appeals A. Purpose. Appeals are intended to provide additional review of a decision made by the Land Use Authority. B. Applicability. An applicant, Millcreek, or an adversely affected party may appeal any final decision made by the Land Use Authority regarding the administration or interpretation of this Code. C. Procedure for Legislative Decisions. Legislative decisions are appealed to the district court as set forth in Utah CodeSectionSection10-9a-101 et seq. D. Procedure for Administrative Decisions. 1. A notice of appeal must be filed with the Planning Director within ten (10) business days of the issuance of a written administrative decision from a Land Use Authority. 2. Any applicable fee as set forth in the Consolidated Fee Schedule must be paid at the time of filing the notice of appeal. 3. Upon receipt of the notice of appeal, the Planning Director will schedule the item or the next available public meeting of the Land Use Hearing Officer (LUHO), not to exceed forty-five (45) days from when the notice of appeal was received. 4. Noticing shall be as set forth in MKZ 18.15.080, Public Notice. 5. The LUHO shall make a determination at the meeting and issue a written decision within ten (10) days of the meeting. E. Approval Criteria. An appeal may be approved if the LUHO finds that there was an error in any order, requirement, decision, or determination made by the Land Use Authority in the administration or interpretation of this Code. ---PAGE BREAK--- Millcreek Code Update Section Reserved I 12 F. Appeals from Subdivision Improvement Plans. Notwithstanding the foregoing, appeals from subdivision improvement plans shall be handled in accordance with Utah Code Section 10-9a- 604.2. 18.05 Section Reserved 18.06 Section Reserved 18.07 Section Reserved 18.08 Section Reserved 18.09 Section Reserved 18.10 Section Reserved 18.11 Section Reserved ---PAGE BREAK--- Millcreek Code Update Generally Applicable Land Use Provisions I 13 18.12 Generally Applicable Land Use Provisions 18.12.010 Purpose The purpose of this chapter is to establish procedures for submittals and review of applications for land use and development activity in Millcreek and for review of all applications for land use and development activity in Millcreek. 18.12.020 Applicability A. Application Required. No project may be considered, reviewed, or provided any vesting rights without a complete application including payment of all applicable fees. Applications are made electronically through the Millcreek City website. B. Plat required. Except as expressly provided for herein or in Utah Code, all divisions of land shall follow a subdivision application procedure including a final plat to be valid. Procedurally noncompliant divisions of land shall be void. C. Additional Information. In reviewing any land use application, Millcreek and its staff may require additional information relating to an applicant's plans to ensure compliance with City ordinances and approved standards and specifications for the construction of public improvements and modifications to plans that do not meet current ordinances, applicable standards and specifications, or do not contain complete information. 18.12.030 Expirations and Extensions of Land Use Approvals A. If applicable, the expiration time frames as set forth in MKZ 18.16, Specific Application Procedures, may be extended one time when each of the following conditions exist: 1. The provisions of this Code expressly allow the extension; 2. An extension request is filed in writing at least fifteen (15) days prior to the applicable expiration deadline; 3. The extension request is in writing and must show good cause; and 4. Unless otherwise noted, the authority to grant extensions of time shall rest with the Land Use Authority that granted the original approval being extended. B. The Planning Director may grant up to one extension for a period of up to one year for good cause unless otherwise noted in this Title. 1. “Good cause" for purposes of this section shall mean justifiable and reasonable reasons why an application did not commence in a timely manner. 2. Examples of good causes include delays in preparing construction documents due to new information not available at the time of approval, changes in site conditions, lack of materials, financing issues, labor supply problems or similar causes not solely the result of the applicant's failure to pursue the development with due diligence. ---PAGE BREAK--- Millcreek Code Update Generally Applicable Land Use Provisions I 14 C. Failure to make a written request for an extension request shall cause the application to automatically expire. D. In no event may Millcreek grant more than one extension for any stage or approval period. Any extension granted under this Section or any other applicable Section of the MKZ shall count toward this limit, regardless of the procedures used to obtain or grant the extension. 18.12.040 Post-Approval Modifications A. Purpose. If, after an application has been approved, it becomes necessary to modify the approved plan, minor modifications may be approved by the Planning Director. In no case may the request for modification exceed what the zone allows, to include the combined result of cumulative requests. Post-Approval Modifications for Development Agreements shall follow the process as set forth in MKZ 18.16.010. B. Minor Modifications include: 1. Five percent or less of an increase or decrease in nonresidential floor space or to the land area covered by structures or buildings, provided the total lot or parcel coverage complies with the maximum lot or parcel coverage requirements of the applicable zone district. 2. Minor changes in the location of streets and utilities for reasons not caused by the applicant. 3. Five percent or less of an increase or decrease to building façade material quantities or placement, or minor changes to façade colors so long as the changes reasonably and substantially meet the intent of the original approval. 4. Five percent or less of an increase or decrease to lighting, landscaping, fencing, screening. C. Approval criteria include: 1. The minor modification does not result in an increase in the approved number of dwelling units. 2. The minor modification does not result in a change in the housing unit type. 3. Minor modifications do not result in a change in the character of the development. 4. The minor modification does not require additional mitigating measures to reasonably mitigate anticipated detrimental effects of the proposed use. D. Minor Modifications for a Site Plan. If after an application has been approved, and needed modifications exceed those permitted in a minor modification, a minor site plan amendment application shall be submitted subject to the requirements as set forth in MKZ 18.XX.XX. A new site plan shall be required if changes are not permissible under the Minor Site Plan Amendments criteria in this Section. E. Any Modifications Not Minor. In the event any major changes are proposed, including changes exceeding the limits set forth in subsection B, above, the Planning Director may require the ---PAGE BREAK--- Millcreek Code Update Land Use Authority Designations and Application Procedures in General I 15 application be reconsidered with respect to the modified portions. Major changes include, without limitation, any increase in the number or density of proposed lots, changes to the unit types or count, or other changes deemed material or significant by the Planning Director. 18.12.050 Subsequent Applications for Legislative Approvals Following denial of an application for a legislative approval, the Council may not decide on the same or substantially the same application within one year of the date of denial. The waiting period required by this Section may be waived in an individual case, for good cause shown, by the Council upon a written request by the applicant. 18.12.060 Organization A. The Application Procedures are organized as follows: 18.13 Application Procedures Purpose and Applicability 18.14 Land Use Authority Designations and Application Procedures in General 18.15 Land Use Application Steps 18.16 Specific Procedures by Application Category and Type 18.13 Land Use Authority Designations and Application Procedures in General 18.13.010 Application Categories and Land Use Authority Designations A. The Land Use Authority is a person, board, commission, or body designated by Millcreek to act upon a land use application. B. Millcreek hereby designates land use authorities by application type, as set forth in Table 18.13- 1, Land Use Authority Designations. C. Depending on the nature of the Land Use Authority designated to act on a land use application, land use applications fall into two categories: Legislative Decisions and Administrative Decisions. 1. Legislative decisions are discretionary and include those application types listed in Table 18.13-1 that the City Council makes upon receiving a recommendation from the Planning Commission and Community Council(s), where applicable. 2. Administrative Decisions consist of all other development approvals and include those application types listed in Table 18.14-1 that are made by the Planning Commission, Planning Director, or Land Use Hearing Officer. Administrative decisions are subject to the appropriate standards of review and shall be made based on findings of fact. ---PAGE BREAK--- Millcreek Code Update Land Use Authority Designations and Application Procedures in General I 16 Table 18.13-1 Land Use Authority Designations Application Type Land Use Authority Designation Legislative Decisions General Plan and Future Land Use Map Adoption and Amendment Council Land Use Code Text Amendment Council Zoning Map Amendment Council Development Agreement Council Administrative Decisions – Subdivisions Minor Subdivision Planning Director Major Subdivision Preliminary Approval Planning Commission Major Subdivision Final Approval Planning Director Subdivision Amendment for Minor Plat Adjustments Planning Director Lot Line Adjustment Planning Director Parcel Line Adjustment Planning Director Vacating a Subdivision Plat – Minor Subdivision Planning Director Vacating a Subdivision Plat – Major Subdivision Planning Commission Vacating a Subdivision Plat – By Ordinance Council Public Street or Municipal Utility Easement Vacation Council Administrative Decisions – Other Land Use Decisions Conditional Use Permit Planning Commission Site Plan Approval for Permitted Uses Planning Director Change of Use Permit Planning Director Minor Site Plan Amendment Planning Director Compliance Determination for an Accessory Dwelling Unit Planning Director Reasonable Accommodation for a Residential Facility for Persons With a Disability Planning Director Eligible Facility Request for a Wireless Telecommunications Facility Planning Director ---PAGE BREAK--- Millcreek Code Update Land Use Authority Designations and Application Procedures in General I 17 Table 18.13-1 Land Use Authority Designations Application Type Land Use Authority Designation Sign Permit Planning Director Temporary Use Permit Planning Director Administrative Decisions – Nonconformities and Variances Nonconformities Determination Planning Director Expansion or Enlargement of a Noncomplying Structure Land Use Hearing Officer Variances Land Use Hearing Officer 18.13.020 Designation of Recommending Bodies and the Role of Staff in Application Reviews A. Millcreek also establishes the roles of recommending bodies, including the Planning Commission and Community Councils, to make recommendations on certain land use application types, as set forth in Table 18.13-2, Roles of Recommending Bodies by Application Type. No recommendation is required for application types not listed in Table 18.13-2. B. Millcreek Staff shall review all applications for completeness and substantial compliance with relevant requirements and may provide recommendations on Land Use Applications before the applicable Land Use Authority. Table 18.13-2. Roles of Recommending Bodies by Application Type Application Type Community Council Planning Commission Legislative Decisions General Plan and Future Land Use Map Adoption and Amendment Recommendation Recommendation Land Use Code Text Amendment Recommendation Recommendation Zoning Map Amendment Recommendation Recommendation Development Agreement Recommendation Recommendation Public Street or Municipal Utility Easement Vacation None Recommendation Administrative Decisions – Other Land Use Decisions Conditional Use Permit Recommendation N/A ---PAGE BREAK--- Millcreek Code Update Land Use Authority Designations and Application Procedures in General I 18 18.13.030 Appeal Authorities A. Appeals from decisions where the Land Use Authority is the Council or the Land Use Hearing Officer must be filed within 30 days of a final decision to the Third District Court of Utah. B. Appeals from decisions where the Land Use Authority is the Planning Commission or the Planning Director must be filed within seven days of a final decision to the Land Use Appeal Authority. 18.13.040 Submittal Requirements in General A. The following submittal requirements apply to each application type described in this Title. Additional requirements are established for each application type as set forth in MKZ 18.15, Specific Procedures by Application Category. 1. An application must be submitted on a form approved by the Planning and Zoning Department. 2. A Checklist for each application type must be submitted with complete materials as specified on the applicable Checklist. 3. An application fee for each application type must be paid in full as set forth in the Consolidated Fee Schedule. B. Persons filing a Land Use Application shall follow the procedures for each application type in the sequence as set forth in MKZ 18.15, Specific Procedures by Application Category. A Description of each application step is set forth in MKZ 18.14, Land Use Application Steps. C. Application review and scheduling of any required formal public engagement shall only take place after the Planning Director deems an application complete, following the standards set forth in MKZ 18.14.050 for subdivisions and in MKZ 18.14.060 for all other applications. 18.13.050 Formal Public Engagement and Community Council Engagement Requirements A. Certain application types require Formal Public Engagement, including a Public Meeting or a Public Hearing. The type of public engagement applicable to each application type is set forth in MKZ 18.15, Specific Procedures by Application Category. For the purposes of this Title, Community Council meetings are not considered a Formal Public Engagement. A summary of the Formal Public Engagement types by application category is set forth in Table 18.14-3. 1. Public Meetings. Public Meetings are required to be open to the public as set forth in Utah Code Section 52-4-101 et seq., Open and Public Meetings Act. All land use decisions made by the Council and Planning Commission shall be rendered during open and public meetings. The Planning Director may also conduct public meetings related to land use applications or other land use issues. No public meeting shall commence until all procedures as set forth in MKZ 18.13.060, Public Notice Requirements, are met. The following criteria apply to public meetings: ---PAGE BREAK--- Millcreek Code Update Land Use Authority Designations and Application Procedures in General I 19 a. At a public meeting to consider an application, the Land Use Authority shall review the data supplied by the applicant, review the findings and recommendations of the Planning Director, and may take public comment from all interested persons in attendance. b. The applicant or their designated agent whose application is before the Planning Director, Planning Commission or City Council shall be present at the public meeting. c. The applicant shall present evidence in support of the application sufficient to enable the reviewing body to consider the matter and make findings on the subject. The applicant has the burden of presenting all necessary and relevant information and evidence in support of the application. 2. Public Hearings. At a public hearing, members of the public are provided a reasonable opportunity to comment on the subject of the hearing. No public hearing shall commence, nor shall public comment be received, until all notice procedures as set forth in MKZ 18.13.060, Public Notice Requirements, are met. The following criteria is applicable to public meetings: a. At a hearing to consider an application, the reviewing body shall review the data supplied by the applicant, review the findings and recommendations of the Planning Director, and take testimony from all interested persons in attendance. b. The applicant or their designated agent whose application is before the Planning Commission or Council shall be present at the hearing. c. The applicant shall present evidence sufficient to enable the reviewing body to consider the matter and make findings on the subject. The applicant has the burden of presenting all necessary and relevant information and evidence. B. Continuances. For Administrative Decisions, the Land Use Authority may allow up to two continuances of a public meeting or public hearing, totaling not more than six months, to hear the matter, so the applicant may make modifications or provide additional information and evidence supporting the application. 1. If an application is continued to a date certain so that the Land Use Authority can receive additional information, then notice of a continuation to a date certain shall be posted on the subject property, but no further publication or mailed notice for a continued public meeting is required. 2. If an application is not continued to a certain date, it requires re-notification following the procedure set forth in MKZ 18.13.060, Public Noticing Requirements. ---PAGE BREAK--- Millcreek Code Update Land Use Authority Designations and Application Procedures in General I 20 C. Community Council Engagement. Certain application types are required to be subject to review by a relevant community council, which may choose to make a recommendation on that application. 1. Community Councils are encouraged to provide written recommendations to the Planning and Zoning Department. If the relevant Community Council does not provide a recommendation on an application, the application shall proceed through the approval process without a Community Council recommendation. 2. Where a land use application involves property located within 600 feet of the boundaries of another community council district, the Planning Director shall submit the application for review by the community councils of each community district. 3. If a complete application is submitted prior to a Planning Commission meeting held on a month where the applicable Community Council meeting is not scheduled to be held, a Neighborhood Meeting may be utilized in lieu of the Community Council meeting, with a summary report of the meeting provided to the Community Council electronically. This neighborhood meeting must be completed at least seven days prior to the Planning Commission meeting. 18.13.060 Public Notice Requirements A. Public Notices are required to inform the public about an application’s relevant proceedings. The public notice requirements are intended to provide information regarding the application and relevant public meetings or hearings for the application. B. The Land Use Authority, as set forth in Table 18.13-1, shall schedule and hold any required public hearing or public meeting according to the provisions of this Land Use Code and State Statute. Where applicable, the notice shall include the date and time of the meeting of the appropriate recommending body, as set forth in Table 18.14-2. This section describes the general notice procedure for public meetings and hearings in Millcreek. Noticing requirements follow this section unless otherwise noted in MKZ 18.15, Specific Procedures by Application Category or Type. C. Table 18.14-3, Public Notice Summary, summarizes the various noticing requirements for each application type. The specific noticing requirements of each application type are more fully described in MKZ 18.15, Specific Procedures by Application Category or Type. D. Mailed Notices Procedure. Applications requiring mailed notices as set forth in Table 18.14-4, Noticing Summary shall follow the requirements of Utah Code Section 10-9a-101 et seq., Municipal Land Use, Development, and Management Act, and these procedures unless otherwise noted in in MKZ 18.16, Specific Procedures by Application Category or Type. E. Millcreek will mail notices for any application requiring a public meeting or public hearing. The applicant is responsible for the mailing expenses as set forth in the Consolidated Fee Schedule. ---PAGE BREAK--- Millcreek Code Update Land Use Authority Designations and Application Procedures in General I 21 1. Mailed notices shall follow the requirements of Utah Code Section § 10-9a- 205, Notice of public hearings and public meetings on adoption or modification of land use regulation. 2. Mailed notices shall be sent to each owner of record of real property whose property is located partially or entirely within the mailed noticing distance as set forth in Table 18.14-3, unless otherwise set forth in this Title. a. For applications where a Community recommendation is requested, mailed notices must be sent at least seven days before the Community Council meeting. b. For applications where a Community Council is not requested to make a recommendation, mailed notices must be sent at least ten (10) days prior to the first public hearing or seven days prior to a public meeting. 3. If multiple mailed notices are needed, they may be combined into a single mailed notice with all applicable information. F. Notice Sign Procedure. Applications requiring a noticing sign on the subject property as set forth in Table 18.14-3 Noticing Summary shall follow these procedures unless otherwise set forth in MKZ 18.16, Specific Procedures by Application Category. 1. Millcreek shall post notification signage on the subject property with a sign of sufficient size, durability, print quality, and location that is reasonably calculated to give notice to passers-by. 2. The notice shall be posted a minimum of five days prior to the first Formal Public Engagement on the item and shall remain posted on sight until after the final Land Use Authority decision on the matter. If a notice is removed prior to a final decision, the applicant shall notify the Planning Director within one business day, and the city shall replace the notice within one business day thereafter. 3. The notice sign shall state the purpose of the public notice and where interested parties can find out more information on the application and Formal Public Engagement schedule. G. Online Noticing Procedure. Applications requiring online noticing as set forth in Table 18.14-4 Noticing Summary shall follow these procedures unless otherwise set forth in MKZ 18.15, Specific Procedures by Application Category. 1. Millcreek is responsible for posting notice for any application requiring online noticing on Millcreek’s official website no later than 24 hours prior to the first Formal Public Engagement on the item. 2. Millcreek is responsible for posting notice to the Utah Public Notice Website no later than ten (10) days prior to the first public meeting or hearing on the item. ---PAGE BREAK--- Millcreek Code Update Land Use Authority Designations and Application Procedures in General I 22 H. Hard Copy Notice. A hard copy of any public notice issued by Millcreek shall be posted at Millcreek City Hall at least twenty-four (24) hours prior to a public hearing or a public meeting. 1. Timeframes for Mailed Notice and Notice Sign shall be based on calendar days prior to the first community Council Meeting or the first Formal Public Engagement, whichever comes first. 2. Timeframes for Posting on the Millcreek Website and Utah Public Notice shall be based on calendar days prior to the first Formal Public Engagement. 3. Timeframes for Hard Copy of Notice are based on hours prior to the first formal Public Engagement. ---PAGE BREAK--- Millcreek Code Update Land Use Authority Designations and Application Procedures in General I 23 Table 18.14-4 Noticing Summary Table Application Type Mailed Notice Mailed Notice Distance (from boundaries of subject property) Notice Sign (on subject property) Posting On Millcreek Website and Utah Public Notice Hard Copy of Notice Legislative Decisions General Plan1 / Future Land Use Map Adoption or Amendment 7 600 feet from subject property for Future Land Use Map Amendments 5 10 24 hours Land Use Code Text Amendment1 7 N/A 10 24 hours Zoning Map Amendment1 7 600 feet from subject property 5 10 24 hours Zoning Map Amendments - Adoption and Amendments of Village Center Special Districts1 7 600 feet from the boundary of the Village Center as designated on the Future Land Use Map of the Millcreek General Plan 5 10 24 hours Public Street or Municipal Utility Easement Vacation1 10 Each property that is accessed by the public street or municipal utility easement 5 10 24 hours Administrative Decisions - Subdivisions Minor Subdivision 7 300 feet from subject property 5 7 24 hours Major Subdivision- Preliminary 7 300 feet from subject property 5 7 24 hours Subdivision Amendment1 7 Affected Property Owners Within a Subdivision 5 7 24 hours ---PAGE BREAK--- Millcreek Code Update Land Use Application Steps I 24 Table 18.14-4 Noticing Summary Table Application Type Mailed Notice Mailed Notice Distance (from boundaries of subject property) Notice Sign (on subject property) Posting On Millcreek Website and Utah Public Notice Hard Copy of Notice Lot Line Adjustment 7 Affected Property Owners Within a Subdivision 5 7 24 hours Vacating a Subdivision Plat 7 300 Feet from subject property 5 7 24 hours Administrative Decisions – Other Land Use Decisions Conditional Use Permit 7 300 feet from subject property 5 7 24 hours Administrative Decisions – Nonconformities and Variances Expansion of a Noncompliant Structure or a Structure Containing a nonconforming use 10 300 feet from subject property 5 10 24 hours Variance 10 300 feet from subject property 5 10 24 hours I. Table 18.14-4 Notes 1. These application types require affected entities to be notified. 18.14 Land Use Application Steps 18.14.010 Pre-Application Consultation A. Purpose. The purpose of a pre-application consultation is to engage Millcreek staff for a no-fee, no-commitment consultation to discuss the applicant’s concept and to learn about Millcreek’s procedures. B. Applicability. An applicant may request a pre-application consultation with the Planning Director prior to submitting any application. If a pre-application consultation is required, an application may not be accepted until after the pre-application consultation is completed. For purposes of Regular Residential Subdivisions, the pre-application consultation is a pre- application meeting for purposes of Utah Code Section 10-9a-604.1. ---PAGE BREAK--- Millcreek Code Update Land Use Application Steps I 25 C. Procedure. 1. Within 15 business days after receiving a written request including the concept plan and payment of all applicable fees as set forth in the Consolidated Fee Schedule, the Planning Director shall schedule the concept review meeting. If a concept review is required, the Planning Director may request the potential applicant submit the required documentation and fees and schedule the meeting. 2. The Planning Director shall schedule a pre-application consultation after either requesting the meeting with the potential applicant or receiving a written request for the pre-application consultation, and any required fees are paid. 3. An applicant is entitled to one pre-application consultation free of charge. Additional pre-application consultations may be subject to payment of a fee as set forth in the Consolidated Fee Schedule. D. The informal evaluation of the application is not binding upon the applicant or Millcreek and does not constitute a pre-application meeting under Utah Code Section 10-9a-604.1. E. After completing a pre-application consultation, the associated application must be filed within six months. If an application is not filed within such a timeframe, a new pre-application consultation may be required prior to filing an application, as determined by the Planning Director. 18.14.020 Concept Review A. Purpose. A concept review is a more formal process intended to provide the applicant with applicable information on development standards and the development process for a proposed project. A concept review will allow the applicant to receive feedback and information from relevant departments and to identify any potential issues the applicant may wish to address prior to application submittal. B. Applicability. An applicant may request a concept review from the Planning Director prior to submitting any application. If an application type requires a concept review as set forth in MKZ 18.16, Specific Procedures by Application Category, the concept review must be completed prior to submission. For purposes of Regular Residential Subdivisions, the concept review is an alternative pre-application meeting for purposes of Utah Code Section 10-9a-604.1. C. Procedure. 1. Within fifteen (15) business days after receiving a written request including the concept plan and payment of all applicable fees as set forth in the Consolidated Fee Schedule, the Planning Director shall schedule the concept review meeting. If a concept review is required, the Planning Director may request the potential applicant submit the required documentation and fees and schedule the meeting. ---PAGE BREAK--- Millcreek Code Update Land Use Application Steps I 26 2. The Planning Director and appropriate attendees shall discuss the proposed development at the concept review meeting based on the information provided by the applicant. 3. The Planning Director shall make available at or prior to the concept review meeting copies of applicable land use regulations, a complete list of standards, and preliminary and final application checklists. The Planning Director shall issue written notes to the applicant regarding the concept review within seven days of the meeting. D. Multiple Meetings. If the concept plan changes in scope, intensity, or layout, applicants may request additional concept reviews prior to submission. Additional concept review meetings at the applicant’s request shall be subject to payment of an additional fee as set forth in the Consolidated Fee Schedule. 18.14.030 Neighborhood Meeting A. Purpose. A neighborhood meeting is intended for an applicant to inform residents and property owners of potential projects, help solicit neighborhood input on land use application, to provide any additional local information, and give the applicant an opportunity to address any relevant neighborhood concerns prior to submission. B. Applicability. A neighborhood meeting for relevant application types is required, as set forth in MKZ 18.16, Specific Procedures by Application Category. C. Procedure. It is the applicant’s responsibility to conduct the neighborhood meeting. The applicant shall organize the meeting and provide adequate proof of notice to include the following: 1. The applicant shall send a written notice stating the place, date, and time of the neighborhood meeting to all property owners, as identified in the Salt Lake County recorder's records, whose property is within the required notice radius for the land use applications as set forth in MKZ 18.14.060, Public Noticing Requirements. 2. The applicant shall mail notice to all property owners, as identified in the Salt Lake County recorder's records, whose property is within the required notice radius for the land use applications as set forth in MKZ 18.14.060, Public Noticing Requirements via First Class Mail at least one week prior to the neighborhood meeting. 3. The applicant shall e-mail notice to members of the relevant community council(s), using email addresses provided by the Planning Director, at least one week before the neighborhood meeting. 4. The neighborhood meeting shall be conducted at a location within Millcreek, that is commonly open to the public. ---PAGE BREAK--- Millcreek Code Update Land Use Application Steps I 27 5. Phone calls or informal door-to-door contacts shall not constitute a neighborhood meeting. 6. The record of a neighborhood meeting shall be submitted with the application and shall include: a. A list of all individuals who were notified; b. A roster of attendees; and c. A statement summarizing the topics discussed at the meeting. 18.14.040 Application Submittal A. Purpose. Application Submittals serve as the initial formal interaction between an applicant and Millcreek regarding an application. B. Applicability. Application Submittal is required for any application type. C. Procedure. Application submittals are made electronically through the Millcreek website. 18.14.050 Application Completeness and Compliance Review For Regular Residential Subdivisions A. Purpose. The purpose of a completeness review is to ensure a given application contains the necessary information for staff and the pertinent Land Use Authority to make an informed decision on a given application. The purpose of compliance review is to ensure that all submitted materials and the application comply with all applicable requirements of MKZ. B. Applicability. All applications are subject to a completeness review to ensure that all necessary information and materials have been provided for review. This Section applies to applications for Regular Residential Subdivisions, both minor and major. C. Timing. The Planning Director shall complete the initial review of a complete subdivision application, provided it satisfies the completeness criteria set forth below for ordinance review for Major or Minor Subdivisions, no later than 15 business days after the application is submitted. D. Subdivision Plan Review. 1. The Planning Director shall complete a subdivision plan review, including the steps outlined in MKZ 18.14.070 that do not conflict with this Section, of a subdivision improvement plan submitted with a complete subdivision application for a Major or Minor Subdivision within 20 business days after the complete subdivision application is submitted. 2. In reviewing a subdivision application, the Planning Director may require additional information relating to an applicant's plans to ensure compliance with City ordinances and approved standards and specifications for the construction of public improvements and modifications to plans that do not meet current ordinances, applicable standards and specifications, or do not contain complete information. ---PAGE BREAK--- Millcreek Code Update Land Use Application Steps I 28 3. Upon completion of the subdivision plan review, the Planning Director shall provide written review comments which may include a request for additional information or modifications to plans shall be specific and include citations to ordinances, standards, or specifications that require the modifications to subdivision improvement plans and shall be logged in an index of requested modifications or additions. 4. If the applicant does not submit a revised subdivision improvement plan within 20 business days after Millcreek requires a modification or correction, then the City has an additional 20 business days to respond to a revised subdivision improvement plan. 5. In addition to revised plans, an applicant shall provide a written explanation in response to the City’s review comments, identifying and explaining the applicant's revisions and reasons for declining to make revisions, if any. The applicant's written explanation shall be comprehensive and specific, including citations to applicable standards and ordinances for the design and an index of requested revisions or additions for each required correction. If an applicant fails to address a review comment in the response, the review cycle is incomplete, and the subsequent review cycle may not begin until all comments are addressed. 6. Millcreek may not require more than four review cycles as described in subsections 1 through 5 for a subdivision improvement plan review. 7. If the applicant makes a material change to a subdivision improvement plan, the City may, in its discretion, restart the review process at the first review of the subdivision improvement plan review for the portion of the subdivision improvement plan that the material change substantively affects. E. Appeal from Subdivision Improvement Plans. For a dispute arising from the subdivision improvement plans, an appeal from Millcreek’s final decision shall be made in accordance with Utah Code Section 10-9a-604.2. F. Completeness Criteria. An application can only be deemed complete if it satisfies the requirements set forth in MKZ 18.14.040, Submittal Requirements in General. G. Additional supplementary materials. Additional supplementary materials may be submitted after a completeness review is complete and the application has been deemed complete and accepted for review. In such events, any additional supplementary materials must be received at least 30 days prior to the first public meeting or hearing to be held on the application. Millcreek may postpone and reschedule a public meeting or hearing or approval deadline if such reports and studies are submitted less than 30 days prior to a public meeting or hearing. ---PAGE BREAK--- Millcreek Code Update Land Use Application Steps I 29 18.14.060 Application Completeness Review for All Other Applications A. Purpose. The Purpose of a completeness review is to ensure a given application contains the necessary information for staff and the pertinent Land Use Authority to make an informed decision on a given application. B. Applicability. All applications are subject to a completeness review to ensure that all necessary information and materials have been provided for review. This Section applies to all applications other than those for Regular Residential Subdivisions. C. Timing. The Planning Director shall make a determination of application completion within fifteen (15) business days after the application is submitted. D. Complete Submittals. If the application is determined to be complete, the application shall then be processed according to the procedures set forth in this Chapter and reviewed for compliance with the applicable regulations of this Code. E. Incomplete Submittals. If an application is determined to be incomplete, the Planning Director shall notify the applicant and explain the deficiencies of the application. The application will not be processed further, and a new submittal with the corrected materials will be required. F. Completeness Criteria. An application can only be deemed complete if it satisfies the requirements set forth in MKZ 18.14.040, Submittal Requirements in General. G. Additional supplementary materials. Additional supplementary materials may be submitted after a completeness review is complete and the application has been deemed complete and accepted for review. In such events, any additional supplementary materials must be received at least thirty (30) days prior to the first public meeting or hearing to be held on the application. Millcreek may postpone and reschedule a public meeting or hearing or approval deadline if such reports and studies are submitted less than thirty (30) days prior to a public meeting or hearing. 18.14.070 Application Compliance Review for All Other Applications A. Purpose. The application review is intended to ensure that a given application is in conformance with the requirements of all applicable standards of the Millcreek Code and other relevant ordinances and statutes. Application review also provides an opportunity to check for the accuracy of documents provided by the applicant. B. Applicability. All applications deemed complete are subject to full review by the Planning Director and other relevant reviewing authorities. This Section applies to all applications other than those for Regular Residential Subdivisions. C. Procedure. 1. The Planning Director will review the application and determine if it meets the standards of the Millcreek Code. If adjustments are needed to obtain approval, these will be communicated to the applicant in writing. The applicant will then have the opportunity to amend the application and resubmit it for subsequent review. ---PAGE BREAK--- Millcreek Code Update Land Use Application Steps I 30 2. As part of the initial review, the Planning Director shall refer the development application to the appropriate review agencies and specify the timeframe for comments to be due back to the Planning Director. 3. Upon an application’s resubmittal for a subsequent review, it shall be reviewed by the agencies who requested revisions. 4. After the Planning Director determines that the application meets all applicable standards, the Planning Director shall schedule the first public meeting or public hearing, if required, and prepare a staff report. The staff report shall be made available for inspection and copying by the applicant and the public prior to any scheduled public hearing(s) on the application. The staff report shall indicate whether, in the opinion of the Planning Director, the development application complies with all applicable standards of this Code. 5. If the Planning Director is the Land Use Authority, an application may be approved upon the finding that all necessary revisions have been made and the application is compliant with the regulations of this Code. 6. No application may be scheduled for a review and recommendation by a community council, if applicable, or a public meeting or public hearing without a review for compliance with the Code and applicable regulations. 7. When the City utilizes a third party review for technical documents or studies, a fee shall be assessed for the additional review as paid by applicant. Such costs shall be based on an estimate provided by the third-party reviewer of the City’s choosing and paid for in advance by a deposit by the applicant or developer. Unused funds shall be returned to the applicant, without interest. Such studies or peer reviews may be required for any application identified to be in sensitive lands. 18.14.080 Public Notice A. Purpose. Certain application types require public notice to inform the public about the applicant’s relevant proceedings of an applicant and allow the public to participate in community council meetings, if applicable, and in a Formal Public Engagement as required. B. Applicability. Public notice is required for the application types listed in table 18.15-4 Noticing Summary, or as set forth elsewhere in this Title. The Planning Director shall pepare public notices after a complete and accurate application has been reviewed by the Planning Director for compliance with applicable requirements. C. Procedure. Providing public notice shall follow the procedures as set forth in MKZ 18.14.060, Public Noticing Procedures, or as set forth elsewhere in this Title. ---PAGE BREAK--- Millcreek Code Update Land Use Application Steps I 31 18.14.090 Formal Public Engagement and Community Council Engagement A. Purpose. Formal Public Engagement and Community Council Engagement are required for certain application types so that the public can participate in the proceedings of applicable community councils and public bodies they make recommendations or decisions on land use applications. B. Applicability. Formal Public Engagement and Community Council Engagement are required for the application types listed in Table 18.14-4 Noticing Summary, or as set forth elsewhere in this Title. C. Procedure. Providing public notice shall follow the procedures as set forth in MKZ 18.14.060, Public Noticing Procedures, or as set forth elsewhere in this Title. 18.14.100 Decision and Findings A. Decision. After considering the land use application, the staff report, comments from other reviewers (if applicable), and the evidence obtained from a Formal Public Engagement Process, the Land Use Authority shall approve, approve with conditions, or deny the application. For Administrative Decisions, approvals must be based on applicable criteria. B. Approval criteria. To approve a land use application involving an administrative decision, the applicable Land Use Authority shall find that the land use application has satisfied and followed the applicable requirements of this Land Use Code and all of the approval criteria required for the applicable application. C. Denial. The Land Use Authority may only accept an application for an Administrative Decision if the request meets the requirements of this Code or other relevant ordinances or statutes. An application for a Legislative Decision may be denied at the discretion of the Land Use Authority. D. Findings. For all Administrative Decisions or as required by state law, decisions shall include at least the following elements: 1. A written statement of approval, approval with conditions, or denial, whichever is appropriate; and 2. A written statement of the basis upon which the decision was made, including specific written findings of fact with reference to the relevant standards of this Code. E. Final Action. The Land Use Authority will give applicants a written decision, which the Planning Director will provide to the applicant within fifteen (15) days after the decision. F. Failure to Act on Legislative Decisions. If the Planning Commission, as the recommending authority for legislative actions including amendments to land use regulations, fails to make a recommendation to the City Council on an application after a reasonable time period to consider an application for a legislative decision, then this failure may be considered by the City Council as a negative recommendation and the City Council may take action accordingly. ---PAGE BREAK--- Millcreek Code Update I 32 Nothing in this section and no inaction of Millcreek relieves an applicant’s duty to comply with all applicable ordinances and regulations of Millcreek. For the purposes of this section, a reasonable period of time to consider an application for a legislative decision is either: 1. 60 calendar days from the date the Land Use Authority could have acted on the application as an agenda item, or 2. after the third public meeting from which action on the application was tabled by the Planning Commission G. Failure to Act on Administrative Decisions. If the Land Use Authority fails to take final action on an application within 45 days of receipt of written request, this failure may be appealed to the Land Use Appeal Authority within 30 of the date on which the Land Use Authority should have taken final action. Nothing in this section and no inaction of the Land Use Authority relieves an applicant’s duty to comply with all applicable Millcreek ordinances and regulations. 18.15 Specific Procedures by Application Category and Type 18.15.010 Legislative Decisions A. General Plan and Future Land Use Map Adoption or Amendment 1. Purpose. The City Council may adopt or amend the General Plan and Future Land Use Map, including amending the number, shape, boundaries or area of any designation on the Future Land Use Map. The purpose of this Section is to provide standards to amend the text and/or maps of the General Plan. The amendment process is established to provide flexibility in response to changing circumstances, to reflect changes in public policy, and to advance the general welfare of Millcreek. A summary of meeting and noticing requirements for applications for General Plan and Future Land Use Map Adoptions or Amendments is set forth in Table 18.16-1. 2. Applicability. The City or any person may file an application requesting an amendment to the General Plan or Future Land Use Map. Applications for General Plan and Future Land Use Map Adoption or Amendments shall include the reasons or basis upon which the applicant believes the general plan should be amended. Amendments to the General Plan and Future Land Use Map shall comply with the procedures set forth in Utah Code Section 10-9a- 101 et seq., Municipal Land Use, Development, and Management Act. No application may be filed by any property to amend any part of the general plan for a period of one year after adoption of such part of the general plan by the council. 3. Procedure. The following application steps, as set forth in MKZ 18.15, Land Use Application Steps, are required. a. Pre-Application Consultation ---PAGE BREAK--- Millcreek Code Update Specific Procedures by Application Category and Type I 33 b. Neighborhood Meeting c. Application Submittal. As the Planning Director determines, an associated Development agreement may be required. A Development Agreement must be considered concurrently with the application and shall follow the procedure as set forth in this chapter. If a Future Land Use Map Amendment is approved subject to a Development Agreement, the approval of the Future Land Use Map Amendment shall be made effective upon recording of an executed Development Agreement. d. Application Completeness Review e. Application Compliance Review. Upon completion of the review, the Planning Director shall make a recommendation. f. Public Notice. Mailed notices are required as part of any future land use map amendment. g. Formal Public Engagement The application shall be presented to the relevant Community Council(s) for a recommendation; and The Planning Commission shall hold a public hearing and make a recommendation to the Land Use Authority; and The Council shall hold a public meeting and shall be the Land Use Authority for General Plan and Future Land Use Map Adoption or Amendment applications. h. Decision. 4. Submittal Requirements. Any person seeking an amendment to the General Plan or Future Land Use Map shall submit a complete application, a completed General Plan or Future Land Use Map Adoption or Amendment Checklist, and a fee as set forth in MKZ 18.13.040, Submittal Requirements in General, and any other relevant supporting documentation, maps, studies and any other information that would inform Staff and the Planning Commission in making a recommendation, and that would allow the Council to make a decision. Table 18.15-1 General Plan and Future Land Use Map Adoption or Amendment Meeting and Noticing Requirements Application Procedure Steps Requirement Code Reference Pre-Application Consultation Required MKZ 18.15.010 Neighborhood Meeting Required MKZ 18.15.020 Community Council Recommendation Required MKZ 18.14.050 ---PAGE BREAK--- Millcreek Code Update Specific Procedures by Application Category and Type I 34 Table 18.15-1 General Plan and Future Land Use Map Adoption or Amendment Meeting and Noticing Requirements Application Procedure Steps Requirement Code Reference Planning Commission Public Hearing and Recommendation Required MKZ 18.14.050 MKZ 18.15.080 Council Public Meeting Required MKZ 18.14.050 MKZ 18.15.080 Mailed Notice to Affected Entities Required MKZ 18.14.060 Mailed Noticing Requirement for Property Owners – Distance 600 feet MKZ 18.14.060 Mailed Noticing Requirement – Time 7 days prior to the first Community Council Meeting MKZ 18.14.060 5. Disapproval of General Plan and Future Land Use Map Adoption or Amendment. Disapproval of an application to amend the general plan shall preclude the filing of another application to amend the general plan text in the same or similar manner or to amend the general plan map for any property, or any portion thereof, to the same land use designation within two years of the date of the final disapproval of the application unless the City Council finds that there has been a substantial change in the circumstances or other significant reasons since the disapproval of the application to merit consideration of a second application within the two-year time period, upon receiving a recommendation on the matter from the Planning Commission. B. Land Use Code Text Amendment 1. Purpose. The City Council may amend the text of any land use ordinance. The purpose of this Section is to provide standards to amend the text of the Land Use Code. The Land Use Code Text Amendment procedure is established to provide flexibility in response to changing circumstances, to reflect changes in public policy, and to advance the general welfare of Millcreek. A summary of meeting and noticing requirements for applications for Land Use Code Text Amendments is set forth in Table 18.16-2. 2. Applicability. The City or any person may file an application requesting an amendment to the text of this Land Use Code. Applications for Land Use Code Text Amendments shall include the reasons or basis upon which the applicant believes the Land Use Code should be amended. Amendments to the Land ---PAGE BREAK--- Millcreek Code Update Specific Procedures by Application Category and Type I 35 Use Code shall comply with the procedures set forth in Utah Code Section 10- 9a-101 et seq., Municipal Land Use, Development, and Management Act. 3. Procedure. The following application steps, as set forth in MKZ 18.15, Land Use Application Steps, are required. a. Pre-Application Consultation b. Application Submittal. As the Planning Director determines, an associated Development Agreement may be required. A Development Agreement must be considered concurrently with a Land Use Text Amendment application and shall follow the procedure set forth in this chapter. If a Land Use Code Text Amendment is approved subject to a Development Agreement, the approval of the Land Use Code Text Amendment shall be made effective upon recording of an executed Development Agreement. c. Application Completeness Review d. Application Compliance Review. Upon completion of the review, the Planning Director shall make a recommendation. e. Public Notice f. Formal Public Engagement The application shall be presented to all Community Councils for a recommendation; and The Planning Commission shall hold a public hearing and make a recommendation; and The City Council shall hold a public meeting and shall be the Land Use Authority for Land Use Code Text Amendment applications. g. Decision. C. Submittal Requirements. Any person seeking an amendment to the Land Use Code shall submit a complete application, a completed Land Use Code Amendment Checklist, and a fee as set forth in MKZ 18.14.040, Submittal Requirements in General, and any other relevant supporting documentation, maps, studies, any other information that would inform Staff and the Planning Commission in making a recommendation, and that would allow the Council to make a decision. Table 18.16-2 Land Use Code Text Amendment Meeting and Noticing Requirements Application Procedure Steps Requirement Code Reference Pre-Application Consultation Required MKZ 18.15.010 Community Council Recommendation Required MKZ 18.14.050 ---PAGE BREAK--- Millcreek Code Update Specific Procedures by Application Category and Type I 36 Planning Commission Public Hearing and Recommendation Required MKZ 18.14.050 MKZ 18.15.080 Council Public Meeting Required MKZ 18.14.050 MKZ 18.15.080 Mailed Notice to Affected Entities Required MKZ 18.14.060 Mailed Noticing Requirement – Time 7 days prior to first Community Council Meeting MKZ 18.14.060 D. Zoning Map Amendment 1. Purpose. The City Council may amend the number, shape, boundaries, or area of any zone. The purpose of this Section is to provide standards to amend the boundaries of any zone district, or the zone classification of any property in a zone district. The Zoning Map Amendment procedure is established to provide flexibility in response to changing circumstances, to reflect changes in public policy, and to advance the general welfare of Millcreek. A summary of meeting and noticing requirements for applications for Land Use Code Text Amendments is set forth in Table 18.16-3. 2. Applicability. The City or any person may file an application requesting an amendment to the Official Zoning Map. Zoning Map Amendment applications shall include the reasons or basis upon which the applicant believes the Zoning Map should be amended. 3. Procedure. The following application steps, as set forth in MKZ 18.15, Land Use Application Steps, are required. a. Pre-Application Consultation b. Concept Review c. Neighborhood Meeting d. Application Submittal. As the Planning Director determines, an associated Development agreement may be required. A Development Agreement must be considered concurrently with a Zoning Map Amendment application and shall follow the procedure as set forth in this chapter. If a Zoning Map Amendment is approved subject to a Development Agreement, the approval of the Zoning Map Amendment shall be made effective upon recording of an executed Development Agreement. e. Application Completeness Review f. Application Compliance Review. Upon completion of the review, the Planning Director shall make a recommendation. g. Public Notice ---PAGE BREAK--- Millcreek Code Update Specific Procedures by Application Category and Type I 37 h. Formal Public Engagement The application shall be presented to the relevant Community Council(s) for a recommendation; and The Planning Commission shall hold a public hearing and make a recommendation; and The Council shall hold a public meeting and shall be the Land Use Authority for Zoning Map Amendment applications. i. Decision. 4. Submittal Requirements. Any person seeking a Zoning Map Amendment shall submit a complete application, a completed Zoning Map Amendment Checklist, and a fee as set forth in MKZ 18.14.040, Submittal Requirements in General, and any other relevant supporting documentation, maps, studies, and any other information that would inform Staff and the Planning Commission in making a recommendation, and allow the Council to make a decision. 5. Conditions to Zoning Map Amendment. a. In order to provide more specific land use designations and land development suitability; to insure that proposed development is compatible with surrounding neighborhoods; and to provide notice to property owners of limitations and requirements for development of property, conditions may be attached to any zoning map amendment which limit or restrict the following: Uses; Dwelling Unit Density; Building Square Footage; Height of Buildings or Structures b. A zoning map amendment attaching any of the conditions set forth in subsection A shall be designated ZC after the zoning classification on the zoning map. c. In the event any zoning condition is declared invalid by a court of competent jurisdiction, then the entire zoning map amendment shall be void. Any deletion in or change to zoning condition shall be considered an amendment to the zoning ordinance and shall be subject to the requirements of this chapter. ---PAGE BREAK--- Millcreek Code Update Specific Procedures by Application Category and Type I 38 E. Development Agreement 1. Purpose. The purpose of this Section is to provide standards for the consideration and adoption of Development Agreements as part of applications for Legislative Decisions. Development agreements are intended to stipulate specific unique details of a development proposal that exceed the standards of the Code, in order to establish a clear understanding of timing, responsibility, and other relevant details regarding a proposal and its supporting infrastructure. 2. Applicability. A Development Agreement is a voluntary agreement between Millcreek and the Applicant. A Development Agreement must be submitted concurrently with a land use application for a Legislative Decision. 3. Procedure. Approval of a Development Agreement shall follow the procedure for the relevant application type. 4. Minimum Standards. The Development Agreement shall include, at a minimum, the following: a. Site plans and building elevations. Table 18.16-3 Zoning Map Amendment Meeting and Noticing Requirements Application Procedure Steps Requirement Code Reference Pre-Application Consultation Required MKZ 18.15.010 Concept Review Required MKZ 18.15.020 Neighborhood Meeting Required MKZ 18.14.030 Community Council Recommendation Required MKZ 18.14.050 Planning Commission Public Hearing and Recommendation Required MKZ 18.14.050 MKZ 18.15.080 Council Public Meeting Required MKZ 18.14.050 MKZ 18.15.080 Mailed Notice to Affected Entities Required MKZ 18.14.060 Mailed Noticing Requirement for Property Owners – Distance 600 feet MKZ 18.14.060 Mailed Noticing Requirement – Time 7 days prior to first Community Council Meeting MKZ 18.14.060 ---PAGE BREAK--- Millcreek Code Update Specific Procedures by Application Category and Type I 39 b. A detailed narrative of materials, design, uses, public and private amenities, landscaping, parking, lighting, signs, utilities, and any other detail that is relevant to the Development Agreement. c. A list of all agreed-upon public improvements, an estimate of the cost of such improvements, the proposed form of construction security for the improvements, and any other provisions or conditions deemed necessary by Millcreek to ensure that all public improvements will be completed in a timely, cost-effective manner that meets Millcreek’s standards. d. A clause that states that the developer would not object to a decision by the City to initiate a Zoning Map Amendment for the property and withdraw from the Development Agreement if a building permit is not applied for within two years of execution of the Development Agreement, or if the Development Agreement is not recorded within sixty (60) days of execution of the Agreement. 5. Submittal Requirements. Any person seeking a Development Agreement as part of a land use application for a Legislative Decision shall submit an additional fee as set forth in MKZ 18.14.040, Submittal Requirements in General, shall follow the application procedure and submittal requirements for the relevant application type, and shall submit and any other relevant supporting documentation, maps, studies and any other information that would inform Staff and the Planning Commission in making a recommendation, and allow the Council to make a decision. 18.15.020 Administrative Decisions – Subdivisions A. Minor Subdivision 1. The purpose of this Section is to provide standards for Minor Subdivisions. Minor Subdivisions are intended to provide a streamlined review for small- scale projects with limited impact. A Minor Subdivision is required prior to issuance of a grading permit, if applicable, or building permit or other minor development activities. A summary of meeting and noticing requirements for applications Minor Subdivisions is set forth in Table 18.15-4. 2. Applicability. The minor subdivision procedure applies to a property creating or modifying three lots or fewer. Plats involving four or more lots are not eligible for the Minor Subdivision procedure. 3. Procedure. Unless noted otherwise, the following application steps are required, as set forth in MKZ 18.15, Land Use Application Steps. a. Pre-application Consultation. This is optional at the applicant’s request for Regular Residential Subdivisions and required for all other ---PAGE BREAK--- Millcreek Code Update Specific Procedures by Application Category and Type I 40 subdivisions. If the applicant requests a pre-application consultation, Millcreek shall schedule it within fifteen (15) days to review the concept plan and give initial feedback. b. Concept Review. This is optional at the applicant’s request for Regular Residential Subdivisions and required for all other subdivisions. c. Application Submittal. d. Application Completeness Review. Application completeness reviews for Regular Residential Subdivisions are subject to the standards as set forth in MKZ 18.14.050. e. Subdivision Plan Review. A subdivision plan review for Regular Residential Subdivisions includes the engineering drawings that are subject to the standards as set forth in this Title and constitute the subdivision improvement plans as identified in Utah Code Section 10- 9a-604.3. f. Application Compliance Review. g. Public Notice. h. Formal Public Engagement. The Planning Director shall hold a public meeting and shall be the Land Use Authority for Minor Subdivision applications. i. Decision and Findings. 4. Approval Criteria. The Planning Director shall approve the request if: a. The minor subdivision creates no more than three lots in total. b. The minor subdivision does not create remnant or otherwise unusable lots or parcels. c. The minor subdivision is consistent with and complies with the requirements of the specific zoning district in which it is located. d. The lots created with the proposed minor subdivision have a buildable area that would not require a future variance to construct the use the lot is intended for. e. As applicable, the minor subdivision is consistent with the terms and conditions of any previously approved plat. f. The minor subdivision will not limit Millcreek’s ability to provide facilities or services effectively. g. No new lot nor any lot affected by the subdivision will have a noncomplying structure or a structure occupied by a nonconforming use. 5. Submittal Requirements. Any person seeking a Minor Subdivision shall submit a complete application, a completed Subdivision Requirements Checklist, and ---PAGE BREAK--- Millcreek Code Update Specific Procedures by Application Category and Type I 41 a fee as set forth in MKZ 18.14.040, Submittal Requirements in General, a Title report that correctly discloses all recorded matters of title regarding the property and which is prepared and dated not more than ninety (90) days before the proposed recordation of the subdivision, and any other relevant supporting documentation, maps, studies and any other information that would inform Staff and allow the Land Use Authority to make a decision. 6. Development Improvement Completion Assurance. Before an applicant conducts any development activity on a minor subdivision or records a plat, the applicant shall complete any required landscaping or infrastructure improvements or post an improvement competition assurance for any required public landscaping or infrastructure improvements as set forth in MKC 14. 7. Requirements Prior to Recording a Subdivision Plat. The subdivision plat may not be recorded until all of the following items have been completed: a. The final plat has been approved and signed by the City Engineer, Planning Director, and City Attorney, or designee certifying that all requirements have been met. b. The Mayor's signature and City Recorder's attestation have been applied to the Mylar plat drawing. c. The improvement guarantee determined by the City Engineer and approved by the City Attorney, or designee, has been properly posted with the City. d. All necessary deeds, easements, and agreements have been executed and submitted to the City. 8. Expiration. Failure to submit the approved minor subdivision for recording within twelve (12) months after the date of the approval letter shall void the approval and the subdivider shall be required to submit a new minor subdivision application for review. Prior to the expiration of the six month period, the Planning Director may grant up to one extension as set forth in MKZ 18.15.110, Expirations and Extensions of Land Use Approvals. ---PAGE BREAK--- Millcreek Code Update Specific Procedures by Application Category and Type I 42 Table 18.15-4 Minor Subdivision Meeting and Noticing Requirements Application Procedure Steps Requirement Code Reference Pre-Application Consultation Optional for Regular Residential Subdivisions. Required for all other Subdivisions. MKZ 18.15.010 Concept Review Optional for Regular Residential Subdivisions. Required for all other Subdivisions. MKZ 18.15.020 Planning Director Public Meeting Required MKZ 18.14.050 MKZ 18.15.080 Mailed Noticing Requirement for Property Owners – Distance 300 feet MKZ 18.14.060 Mailed Noticing Requirement – Time 7 days prior to Planning Director Public Meeting MKZ 18.14.060 B. Major Subdivision 1. The purpose of this Section is to provide standards for Major Subdivisions. Major subdivisions are intended to ensure lots and development conform with zoning regulations, and all applicable Millcreek standards. A summary of meeting and noticing requirements for applications for Major Subdivisions is set forth in Table 18.16-5. 2. Applicability. The major subdivision procedure is required for a proposed division of land when one or more of the following conditions exist: a. The resultant subdivision will produce four or more lots; or b. The subdivision is not otherwise eligible for approval as a Minor Subdivision. 3. Procedure Overview. Major Subdivisions require two steps. a. Preliminary Subdivision, which requires approval by the Planning Commission; and b. Final Subdivision, which requires approval by the Planning Director. 4. Preliminary Subdivision Procedure. The following application steps, as set forth in MKZ 18.15, Land Use Application Steps, are required, unless noted otherwise. a. Pre-application Consultation. This is optional for Regular Residential Subdivisions and required for all other subdivisions. b. Concept Review. This is optional at the applicant’s request for Regular Residential Subdivisions and required for all other subdivisions. c. Application Submittal ---PAGE BREAK--- Millcreek Code Update Specific Procedures by Application Category and Type I 43 d. Application Completeness Review. Application completeness reviews for Regular Residential Subdivisions are subject to the standards as set forth in MKZ 18.14.050. e. Subdivision Plan Review. A subdivision plan review for Regular Residential Subdivisions includes the engineering drawings that are subject to the standards as set forth in this Title and constitute the subdivision improvement plans as identified in Utah Code Section 10- 9a-604.3. f. Application Compliance Review. Upon completion of the review, the Planning Director shall make a recommendation. g. Public Notice. h. Formal Public Engagement. The Planning Commission shall hold a public meeting and shall be the Land Use Authority for preliminary approval of Major Subdivision applications. i. Decision and Findings. 5. Approval Criteria. The Planning Commission shall approve the request if: a. The Preliminary Subdivision is consistent with and complies with the requirements of the specific zoning district in which the Preliminary Subdivision is located and the applicable requirements of this Code and other applicable Millcreek and State requirements. b. As applicable, the Preliminary Subdivision is consistent with the terms and conditions of any previously approved development plan or Development Agreements. c. Provides a layout of lots, streets, blocks, driveways, utilities, drainage, and other public facilities as required by all applicable standards of this Code and applicable regulations and standards. d. The project preserves, protects, integrates, or mitigates impacts to any identified sensitive lands or geologic hazards associated with the property. . e. The Subdivision will not impair the ability of Millcreek or any public utility provider to provide facilities or services effectively. f. The engineering drawings and subdivision improvement plans comply with all applicable standards of this Title and other applicable Millcreek and State requirements. g. The Planning Commission may not approve a Preliminary Subdivision with a noncomplying structure or a structure occupied by a nonconforming use. 6. Submittal Requirements. Any person seeking a Major Subdivision shall submit a complete application, a completed Subdivision Requirements Checklist, all ---PAGE BREAK--- Millcreek Code Update Specific Procedures by Application Category and Type I 44 required engineering drawings and subdivision improvement plans, and a fee as set forth in MKZ 18.14.040, Submittal requirements in General, a Title report that correctly discloses all recorded matters of title regarding the property and which is prepared and dated not more than ninety (90) days before the proposed recordation of the subdivision, and any other relevant supporting documentation, maps, studies and any other information that would inform Staff and allow the Land Use Authority to make a decision. 7. Post Approval Action. Following Preliminary Subdivision approval , the Planning Director shall issue a timely written record of the decision, including any additional requirements of approval, along with a copy of the approved plat, plans, reports, and studies that were presented in the public meeting, as set forth in MKZ 18.15.090, Decisions and Findings. 8. Subdivision Expiration. Subdivision Expiration. Approval of a Preliminary Subdivision shall be effective for twelve (12) months following the date of the Planning Commission approval. An approved Subdivision shall expire and be of no further force and effect if the subdivision or a phase of the subdivision has not been submitted within twelve (12) months after the date of the approval. In the case of phased Subdivision submission, the approval of the remaining portion of the Preliminary Subdivision shall automatically gain an extension of six months, up to a maximum number of years specified by the Planning Commission at the time of approval of the initial phase. Prior to the expiration of the six month period, the Planning Director may grant one extension of six months as set forth in MKZ 18.15.110, Expirations and Extensions of Land Use Approvals. 9. Development Improvement Completion Assurance. Before an applicant conducts any development activity on a minor subdivision or records a plat, the applicant shall complete any required landscaping or infrastructure improvements or post an improvement competition assurance for any required public landscaping or infrastructure improvements as set forth in MKC 14. 10. Final Subdivision Approval. After the Planning Commission issues a preliminary approval of a Major Subdivision, the Planning Director shall commence a final compliance review of the subdivision application and shall issue a Final Subdivision Approval. The Planning Director shall approve, conditionally approve, or deny the Final Subdivision and approve the plat based on the approval criteria in this section. The Planning Director shall confirm that: a. The Final Subdivision is in conformance with the previously approved Preliminary Subdivision and any conditions imposed by the Planning Commission; and ---PAGE BREAK--- Millcreek Code Update Specific Procedures by Application Category and Type I 45 b. The Final Subdivision will comply with the applicable requirements of this Code and other applicable Millcreek and State requirements. c. The final plat has been approved and signed by the City Engineer, Planning Director, and City Attorney, or designee certifying that all requirements have been met. d. The Mayor's signature and City Recorder's attestation have been applied to the Mylar plat drawing. e. The improvement guarantee determined by the City Engineer and approved by the City Attorney, or designee, has been properly posted with the City. f. All necessary deeds, easements, and agreements have been executed and submitted to the City. 11. Expiration. Failure to submit the approved major subdivision for recording within twelve (12) months after the date of the approval letter shall automatically expire the approval. The applicant of an expired subdivision will be required to submit a new subdivision application for review. Prior to the expiration of the twelve (12) month period, the Planning Director may grant up to one extension as set forth in MKZ 18.15.110, Expirations and Extensions of Land Use Approvals. Table 18.16-5 Major Subdivision Meeting and Noticing Requirements Application Procedure Steps Requirement Code Reference Preliminary Subdivision Pre-Application Consultation Optional for Regular Residential Subdivisions. Required for all other Subdivisions. MKZ 18.15.010 Concept Review Optional for Regular Residential Subdivisions. Required for all other Subdivisions. MKZ 18.15.020 Neighborhood Meeting Optional for Regular Residential Subdivisions. Required for all other Subdivisions. MKZ 18.15.030 Planning Commission Public Meeting Required MKZ 18.14.050 MKZ 18.15.080 Mailed Noticing Requirement for Property Owners – Distance 300 feet MKZ 18.14.060 Mailed Noticing Requirement – Time 7 days prior to Planning Director Public Meeting MKZ 18.14.060 Final Subdivision ---PAGE BREAK--- Millcreek Code Update Specific Procedures by Application Category and Type I 46 Pre-Application Consultation Optional MKZ 18.15.010 Concept Review Optional MKZ 18.15.020 C. Condominium Subdivisions, Condominium Conversions, and Condominium Vacations. 1. Purpose. The purpose of this Section is to provide standards for Condominium Subdivisions, Condominium Conversions, and Condominium Vacations as part of an application for a Major Subdivision, a Subdivision Amendment, or a Vacation of a Subdivision Plat. Condominium Subdivisions, Condominium Conversions, and Condominium Vacations shall be reviewed pursuant to the requirements as set forth in Utah Code Section Section57-8-1 et seq., Condominium Ownership Act, et seq. and shall follow the major subdivision procedure with additional documentation as set forth in Utah Code SectionSection 57-8-101 et seq., as amended. Condominium Conversions are intended to allow for existing multifamily developments to be converted into condominiums to promote affordable homeownership in Millcreek. 2. Applicability. Any application affecting a plat or property that is defined as a Condominium Plat or Condominium as set forth in Utah Code Section 57-8-1 et seq., Condominium Ownership Act, is subject to the standards of this section. 3. Procedure. A Condominium Subdivision, Condominium Conversion, or Condominium Vacation shall follow the procedures for the relevant application type, and Condominium Conversions shall follow the procedures set forth in this Section. 4. Condominium Conversion Submittal Requirements. Any person seeking a Condominium Conversion shall submit a complete Major Subdivision application, completed Subdivision Requirements and Condominium Conversions Checklists, and a fee as set forth in MKZ 18.14.040, Submittal Requirements in General, a Title report that correctly discloses all recorded matters of title regarding the property and which is prepared and dated not more than ninety (90) days before the proposed recordation of the subdivision, and any other relevant supporting documentation, maps, studies and any other information that would inform Staff and allow the Land Use Authority to make a decision. Additionally, a Property Report must be submitted for any Major Subdivision application for a Condominium Conversion, and the Property Report shall include the following requirements: a. A site plan indicating the layout of existing and proposed landscaping, parking, lighting, fencing, private and common areas, and amenities, by a licenced surveyor/engineer. ---PAGE BREAK--- Millcreek Code Update Specific Procedures by Application Category and Type I 47 b. The age of the building or buildings. c. The general condition, useful life and capacity of the building’s structural elements, including the roof, foundations, mechanical system, electrical system, plumbing system, boiler, and other structural components. d. All known conditions constituting deficiencies requiring repair to meet existing building codes. e. All known conditions which may require repair or replacement within the next succeeding five year period. f. A statement from a third-party building inspector licensed to practice in the State of Utah stating that the structure or structures have been inspected for compliance with the International Building Code minimum standards. If the building inspector finds deficiencies, the applicant shall present plans to bring the structure or structures into conformity with said standards prior to the issuance of certificates of occupancy. g. Where it is determined that physical conditions in an existing building do not allow the strict application of the international building code standard, the Land Use Appeal Authority shall review all requests to vary from these standards and may grant variances or approve alternates where it is determined the intent of the requirement will be met. In any event, there shall be disclosure to buyers of any conditions that do not meet code or standards set by Millcreek. 5. Condominium Conversion Application Compliance Review Requirements. As part of an Application Compliance Review for an application for a Preliminary Major Subdivision, the Application Compliance Review shall include the following actions: a. Building Inspection Staff Review. Upon receipt of the application for approval of a condominium project, the building inspection department shall review the proposed building plans for new construction and/or in the case of a conversion project, the property report and plan of improvement, renovations, and repairs to determine conformance with applicable building codes. In the case of a conversion, the department shall require inspections of the property and may require supplementation, revision, and resubmission of the property report where necessary. In the preliminary review report to the Planning Commission, the Chief Building Official or designee shall note corrections, repairs and replacements that must be made to bring the structures into code compliance, together with a list of ---PAGE BREAK--- Millcreek Code Update Specific Procedures by Application Category and Type I 48 renovation improvements proposed by the owner/developer that are not required by code. The Chief Building Official or designee shall also list any requirements of the International Building Code that needs consideration by the Board of Appeal due to unique circumstances associated with the structure. The Chief Building Official or designee may then recommend denial until existing violations of code are corrected or may recommend preliminary approval of the project and building report subject to correction of the violations prior to final approval. b. Fire Marshal Review. The Fire Marshal shall inspect each structure proposed for conversion and submit a report to the Planning Director outlining its fire safety conditions. The marshal shall stipulate those conditions requiring improvement, prior to occupancy, in the report. c. Code Compliance Review. The City Code Compliance inspector shall inspect each structure proposed for conversion and submit a report to the Planning Director outlining its conditions regarding municipal code compliance. Millcreek shall identify those conditions requiring improvement in the report prior to being issued final plat approval. 6. Public Notice – Additional Requirements for Condominium Conversions. In addition to the Public Notice requirements for Subdivisions as set forth in MKZ 18.14.060, Public Noticing Requirements, the applicant for a Condominium Conversion shall provide written notice of intended conversion to the existing tenants as of the date of the application. Service of the written notice shall be in accordance with a service of a summons as set forth in the Utah Rules of Civil Procedure. The applicants shall provide proof of service stating the date, place, and manner of service, including a copy of the notice. 7. Approval Criteria for Condominium Conversions. The Planning Commission shall approve the request if it satisfies the Preliminary Approval Criteria for Major Subdivisions as set forth in MKZ 18.16.020.B. Any condominium conversion shall have a minimum of two legal units or lots. One or more single-family detached dwellings shall not be platted as a condominium development . D. Subdivision Amendment for Minor Plat Adjustments 1. Purpose. The purpose of this Section is to provide standards for Subdivision Amendments that make minor changes to lots that are of a small, technical nature, but largely do not affect otherwise approved or existing plats. The Planning Director shall allow such modifications according to the criteria within this Section. A summary of meeting and noticing requirements for ---PAGE BREAK--- Millcreek Code Update Specific Procedures by Application Category and Type I 49 applications for Subdivision Amendments for Minor Plat Adjustments is set forth in Table 18.16-6. 2. Applicability. A subdivision amendment may only be considered on approved subdivisions. If an application for a subdivision amendment cannot satisfy the approval criteria in this section, it shall be processed as a Minor or Major Subdivision. Only an owner of land within a platted subdivision, as shown on property records at the office of the County Recorder, may petition the city in writing to amend, alter or vacate any portion of a subdivision. 3. Procedure. The following application steps, as set forth in MKZ 18.15, Land Use Application Steps, are required. a. Pre-Application Consultation. b. Application Submittal. c. Application Completeness Review. d. Application Compliance Review. e. Public Notice. f. Formal Public Engagement. The Planning Director shall hold a public meeting and shall be the Land Use Authority for Subdivision Amendment applications. g. Decision and Findings. 4. Approval Criteria. The Planning Director shall approve the request if: a. The amended plat is in substantial conformance with the original approved subdivision. b. The amended subdivision does not increase the number of lots or parcels or create new lots or parcels. c. The amended subdivision does not eliminate or move a recorded easement without the prior approval of the easement holder. d. The amended subdivision will not create any nonconformities or increase the degree of nonconformity of any existing structure or use. e. The amended plat complies with all other applicable requirements of this Code, Utah Code Section 10-9a-608, and regulations and standards. f. All proposed vacations, alterations or amendments of subdivision plats must meet the review requirements outlined in this chapter and the requirements of the individual zone in which the subdivision is proposed. 5. Submittal Requirements. Any person seeking a Subdivision Amendment for Minor Plat Adjustments shall submit a complete application, a completed ---PAGE BREAK--- Millcreek Code Update Specific Procedures by Application Category and Type I 50 Subdivision Requirements Checklist, a Title Report that correctly discloses all recorded matters of title regarding the property and which is prepared and dated not more than ninety (90) days before the proposed recordation of the subdivision, and a fee as set forth in MKZ 18.14.040, Submittal Requirements in General, and any other relevant supporting documentation, maps, studies and any other information that would inform Staff and allow the Land Use Authority to make a decision. 6. Expiration. Failure to submit the approved subdivision amendment for recording within six months after the date of the approval letter shall void the approval and the subdivider shall be required to submit a new subdivision amendment application for review. Prior to the expiration of the six month period, the Planning Director may grant up to one extension as set forth in MKZ 18.15.110, Expirations and Extensions of Land Use Approvals. Table 18.16-6 Subdivision Amendment for Minor Plat Adjustments Meeting and Noticing Requirements Application Procedure Steps Requirement Code Reference Pre-Application Consultation Required MKZ 18.15.010 Planning Director Public Meeting Required MKZ 18.14.050 MKZ 18.15.080 Mailed Noticing Requirement for Property Owners – Distance Affected Property Owners MKZ 18.14.060 MKZ 18.98 Mailed Noticing Requirement – Time 7 days prior to Planning Director Public Meeting MKZ 18.14.060 E. Lot Line Adjustment 1. Purpose. The purpose of this Section is to provide standards for Lot Line Adjustments that make minor changes to lots that are of a small, technical nature, but largely do not otherwise affect existing plats. The Planning Director shall allow such modifications according to the criteria within this Section. A summary of meeting and noticing requirements for applications for Lot Line Adjustments is set forth in Table 18.16-7. 2. Applicability. A lot line adjustment may only be considered on approved subdivisions. Only adjacent lots may be involved in a single action whether or not the lots are located in the same subdivision. Neither lot involved may have received a prior lot line adjustment. The fifteen percent (15%) limitation as set forth in the Approval Criteria for lot line adjustments is an aggregate of all previous lot line adjustments. If an application for a subdivision amendment ---PAGE BREAK--- Millcreek Code Update Specific Procedures by Application Category and Type I 51 cannot satisfy the approval criteria in this section, it shall be processed as a Minor or Major Subdivision. 3. Procedure. The following application steps, as set forth in MKZ 18.15, Land Use Application Steps, are required. a. Application Submittal b. Application Completeness Review c. Application Compliance Review d. Public Notices e. Formal Public Engagement. The Planning Director shall hold a public meeting and shall be the Land Use Authority for Lot Line Adjustment applications. f. Decision and Findings 4. Approval Criteria. The Planning Director shall approve the request if: a. The lot line adjustment does not increase or decrease the area of an existing lot by more than fifteen percent The lot line adjustment does not increase or decrease the number of lots or create new lots or parcels. b. The lot line adjustment does not affect a recorded easement without the prior approval of the easement holder. c. The lot line adjustment does not change the boundaries of an existing subdivision. d. Existing platted easements adjacent to the lot line being adjusted remain in their original locations and no new easements are dedicated. e. Rights-of-way, ingress or egress easements, or any required common areas are not affected or changed. f. The lot line adjustment will not create any nonconformities or increase the degree of nonconformity of any existing structure or use. g. The lot line adjustment does not result in a lack of conformance with any other applicable requirements of this Code and all other applicable regulations and standards. 5. Submittal Requirements. Any person seeking a Lot Line Adjustment shall submit a complete application, a completed Subdivision Requirements Checklist, and a fee as set forth in MKZ 18.14.040, Submittal Requirements in General, a Title Report that correctly discloses all recorded matters of title regarding the property and which is prepared and dated not more than ninety (90) days before the proposed recordation of the subdivision, and any other relevant supporting documentation, maps, studies and any other information ---PAGE BREAK--- Millcreek Code Update Specific Procedures by Application Category and Type I 52 that would inform Staff and allow the Land Use Authority City to make a decision. 6. Expiration. Failure to submit the approved lot line adjustment for recording within six months after the date of the approval letter shall void the approval and the subdivider shall be required to submit a new lot line adjustment application for review. Prior to the expiration of the six month period, the Planning Director may grant up to one extension as set forth in MKZ 18.15.110, Expirations and Extensions of Land Use Approvals. Table 18.16-7 Lot Line Adjustment Meeting and Noticing Requirements Application Procedure Steps Requirement Code Reference Pre-Application Consultation Optional MKZ 18.15.010 Planning Director Public Meeting Required MKZ 18.14.050 MKZ 18.15.080 Mailed Noticing Requirement for Property Owners – Distance Affected Property Owners MKZ 18.14.060 MKZ 18.98 Mailed Noticing Requirement – Time 7 days prior to Planning Director Public Meeting MKZ 18.14.060 F. Parcel Line Adjustment 1. Purpose. The purpose of this Section is to provide standards for parcel line adjustment that make minor changes to parcels that are of a small, technical nature, but largely do not otherwise affect existing parcels. 2. Applicability. A parcel line adjustment may only be made to a property that is not a lot and must meet the criteria listed in this section. 3. Procedure. The following application steps, as set forth in MKZ 18.15, Land Use Application Steps, are required. a. Application Submittal b. Application Completeness Review c. Application Compliance Review d. Decision and Findings. The Planning Director shall be the Land Use Authority for Parcel Line Adjustment applications. 4. Approval Criteria. The Planning Director shall approve the request if: a. The parcel line adjustment does not increase or decrease the area of an existing parcel by more than fifteen percent b. The parcel line adjustment does not increase or decrease the number of parcels or create new parcels. ---PAGE BREAK--- Millcreek Code Update Specific Procedures by Application Category and Type I 53 c. The parcel line adjustment does not affect a recorded easement without the prior approval of the easement holder. d. Existing recorded easements adjacent to the parcel line being adjusted remain in their original locations and no new easements are dedicated. e. Rights-of-way, ingress or egress easements, or any required common areas are not affected or changed. f. The parcel line adjustment will not create any nonconformities or increase the degree of nonconformity of any existing structure or use. g. The parcel line adjustment does not result in a lack of conformance with any other applicable requirements of this Code or any other applicable regulations and standards. 5. Submittal Requirements. Any person seeking a Lot Line Adjustment shall submit a complete application, a completed Subdivision Requirements Checklist, and a fee as set forth in MKZ 18.14.040, Submittal Requirements in General, and any other relevant supporting documentation, maps, studies and any other information that would inform Staff and allow the Land Use Authority to make a decision. G. Vacating a Subdivision Plat. The vacation of a subdivision plat shall comply with the requirements as set forth in Utah Code SectionSection 10-9a-609, Land use authority approval of vacation or amendment of plat Recording the amended plat, and shall follow the process as outlined below: 1. Vacation of subdivisions with three or fewer lots shall follow the Minor Subdivision process. 2. Vacation of subdivisions with more than three lots shall follow the Major Subdivision process. 3. The Council may vacate a subdivision or a portion of a subdivision by adopting and recording an ordinance as set forth in Utah Code SectionSection 10-9a-609, Land use authority approval of vacation or amendment of plat Recording the amended plat. H. Public Street or Municipal Utility Easement Vacation 1. Purpose. The purpose of this Section is to provide standards for the vacation of public streets or municipal utility easements. Dedicated public streets and municipal utility easements may be vacated, in whole or in part, if Millcreek determines that all or a portion of the public street or municipal utility easement is unnecessary or infeasible for future public access or use. A summary of meeting and noticing requirements for applications for Land Use Code Text Amendments is set forth in Table 18.16-8. ---PAGE BREAK--- Millcreek Code Update Specific Procedures by Application Category and Type I 54 2. Applicability. A public street or municipal utility easement may be vacated by filing an application for a minor subdivision, a major subdivision, or a subdivision amendment, or the Council may approve a petition to vacate a public street or municipal utility easement by ordinance. 3. Procedure – Public Street or Municipal Utility Easement Vacation By Plat. A vacation of a public street or municipal utility easement may be accomplished through the filing of an application for a Minor Subdivision, a Major Subdivision, or a Subdivision Amendment, and shall follow the process for each application type, and the following additional steps: a. After the Land Use Authority grants Preliminary Subdivision approval and before a Final Subdivision approval is issued, the Council shall hold a public hearing to consider the vacation of a public street or municipal utility easement. b. Public Notice shall follow the process as set forth in MKZ 18.14.060, Public Noticing Requirements. c. A public hearing shall follow the process as set forth in MKZ 18.14.050, Formal Public Engagement and Community Council Engagement Requirements. d. If the filing of a subdivision plat accompanies a vacation of a public street or municipal utility easement, the final decision on the plat shall be withheld until the Council issues a decision regarding the vacation of a public street or municipal utility easement 4. Procedure – Public Street or Municipal Utility Easement Vacation by Ordinance. In lieu of a Minor Subdivision, Major Subdivision, or Subdivision Amendment, a petition to vacate a public street or municipal utility easement may be filed following the procedure as set forth in Utah Code SectionSection 10-9a-609.5, Petition to vacate a public street, and shall follow the procedure as set forth below: a. Pre-Application Consultation b. Concept Review c. Neighborhood Meeting d. Application Submittal e. Application Completeness Review f. Application Compliance Review. Upon completion of the review, the Planning Director shall make a recommendation. g. Public Notice h. Formal Public Engagement ---PAGE BREAK--- Millcreek Code Update Specific Procedures by Application Category and Type I 55 The Planning Commission shall hold a public hearing and make a recommendation; and The Council shall hold a public meeting and shall be the Land Use Authority for Public Street or Municipal Utility Easement Vacation applications. i. Decision and Findings 5. Approval Criteria. Public streets or municipal utility easements may not be vacated unless the following criteria are met: a. The vacation does not deprive abutting properties of adequate, legal access to existing or proposed public utilities or drainage installations. b. The vacation is consistent with the General Plan and other adopted policies and plans, including any adopted transportation plan or streets/roadway plan; c. The land to be vacated is no longer necessary for public use and convenience; d. The right-of-way is no longer needed for public transportation purposes; e. The vacation will not adversely impact the use of the right-of-way for public utility and/or drainage purposes; f. Access to lots or properties surrounding the plat will not be adversely affected, and the vacation will not leave any land-locked properties or deprive abutting properties of adequate, legal access; g. The vacation will not adversely impact the health, safety and/or welfare of the general community, or reduce the quality of public facilities or services provided to any property, including but not limited to police/fire protection, access, and utility service; h. Good cause exists for the vacation; and i. The public interest or any person will not be materially injured by the proposed vacation. 6. Submittal Requirements. Any person seeking a Public Street or Municipal Utility Easement Vacation shall submit a complete application, a completed Public Street or Municipal Utility Easement Checklist, and a fee as set forth in MKZ 18.14.040, Submittal Requirements in General, a Title Report that correctly discloses all recorded matters of title regarding the property and which is prepared and dated not more than ninety (90) days before the proposed recordation of the subdivision, any other relevant supporting documentation, maps, studies and any other information that would inform Staff and the Planning Commission in making a recommendation, and allow the Council to make a decision. ---PAGE BREAK--- Millcreek Code Update Specific Procedures by Application Category and Type I 56 7. Final Approval and Recording. Approval of a plat or ordinance vacating a public street or municipal utility easement shall be deemed a certification of the vacation. With this certification, the Planning and Zoning Department shall forward a signed copy of the signed plat or ordinance to the Salt Lake County Recorder for recording. Failure of the applicant to submit any revised information or legal description that enables the ordinance to be processed as approved within three months following approval shall render the vacation void. Table 18.16-8 Public Street and Municipal Utility Easement Vacation Meeting and Noticing Requirements Application Procedure Steps Requirement Code Reference Pre-Application Consultation Required MKZ 18.15.010 Concept Review Required MKZ 18.15.020 Neighborhood Meeting Required MKZ 18.15.030 Planning Commission Public Hearing and Recommendation Required MKZ 18.14.050 MKZ 18.15.080 Council Public Meeting Required MKZ 18.14.050 MKZ 18.15.080 Mailed Notice to Affected Entities Required MKZ 18.14.060 Mailed Noticing Requirement for Property Owners – Distance Each property that is accessed by the public street of municipal utility easement. MKZ 18.14.060 Mailed Noticing Requirement – Time 10 days prior to Planning Commission Public Hearing MKZ 18.14.060 18.15.030 Administrative Decisions – Other Land Use Decisions A. Conditional Use Permit 1. Purpose. The purpose of this Section is to provide standards for Conditional Use Permits, which are intended for a land use that, because of the unique characteristics or reasonably anticipated detrimental effects of the land use on Millcreek, surrounding neighbors, or adjacent land uses, require additional consideration subject to objective standards. The additional consideration allows the Planning Commission to impose reasonable conditions to mitigate reasonably anticipated detrimental effects. The intent of the conditional use is to identify reasonably anticipated detrimental effects and impose reasonable conditions on a use, including but not limited to noise, pollution, traffic, or other similar harms to the general health, safety and welfare of Millcreek. A ---PAGE BREAK--- Millcreek Code Update Specific Procedures by Application Category and Type I 57 summary of meeting and noticing requirements for applications for Conditional Use Permits is set forth in Table 18.16-9. 2. Applicability. A Conditional Use Permit is required for those uses listed as a conditional use in the applicable zoning district regulations of this Code. A Conditional Use Permit that involves property development, redevelopment, construction, reconstruction, or alteration of a building or structure will also require a site plan approval as set forth in MKZ XX.XX.XX. 3. Procedure. The following application steps, as set forth in MKZ 18.15, Land Use Application Steps, are required. a. Pre-Application Consultation b. Concept Review c. Neighborhood Meeting d. Application Submittal e. Application Completeness Review f. Application Compliance Review. As part of an application compliance review, the Planning Director may: Provide the application to other City departments for review and comment as may be required by this Code, as necessary for complete review of the application, or as necessary to identify and understand the potential detrimental effects of the proposed conditional use; and require other information or studies to address potential detrimental effects of the proposed conditional use that have been reasonably anticipated by the City during its review of the application. g. Upon completion of the review, the Planning Director shall make a recommendation. h. Public Notice i. Formal Public Engagement The application shall be presented to the relevant Community Council(s) for a recommendation; and The Planning Commission shall hold a public meeting and shall be the Land Use Authority for Conditional Use Permit applications. j. Decision and Findings 4. Approval Criteria. The Planning Commission shall consider the following criteria in reviewing all conditional use applications: ---PAGE BREAK--- Millcreek Code Update Specific Procedures by Application Category and Type I 58 a. The proposed conditional use shall comply with Millcreek ordinances, Federal, and State Statutes, as applicable to the use and to the site where the conditional use will be located; and b. The Land Use Authority shall approve a Conditional Use Permit if reasonable conditions are proposed, or can be imposed, to mitigate the reasonably anticipated detrimental effects of the proposed use. Detrimental effects of the proposed use include: 5. Detrimental effects of decreased street service levels and/or traffic patterns including the need for street modifications such as dedicated turn lanes, traffic control devices, safety, street widening, curb, gutter and sidewalks, location of ingress/egress, parking lot surfacing and design of off-street parking and circulation, loading docks, as well as compliance with off-street parking standards, including other reasonable mitigation as determined by a qualified traffic engineer. 6. Detrimental effects on the adequacy of utility systems, water and sewer, solid waste, snow removal, service delivery, and capacities, including the need for such items as relocating, upgrading, providing additional capacity, irrigation systems, or preserving existing systems, including other reasonable mitigation as determined by Millcreek’s engineering staff, contracted engineers, and utility service providers. 7. Detrimental effects on connectivity and safety for pedestrians and bicyclists. 8. Detrimental effects of the use due to its nature, including noise that exceeds sound levels normally found in residential areas, odors beyond what is normally considered acceptable, within a neighborhood including effects of environmental impacts, dust, fumes, smoke, odor, noise, vibrations; chemicals, toxins, pathogens, gases, heat, light, electromagnetic disturbances, and radiation. Detrimental effects by the use may include hours of operation and the potential to create an attractive nuisance. 9. Detrimental effects that increase the risk of contamination of or damage to adjacent properties and injury or sickness to people arising from, but not limited to, waste disposal, fire safety, geologic hazards, soil or slope conditions, liquefaction potential, site grading/topography, storm drainage/flood control, the removal of dangerous or blighted structures, high ground water, environmental health hazards, or wetlands, as determined by the City Engineer, and/or other qualified specialists. 10. Detrimental effects of modifications to exterior lighting that conflict with abutting properties. 11. Detrimental effects arising from site design and/or building design in terms of use, scale, intensity, height, mass, setbacks, character, construction, solar ---PAGE BREAK--- Millcreek Code Update Specific Procedures by Application Category and Type I 59 access, landscaping, fencing, screening, lighting (on-site and adjacent street lighting), signs, and architectural design and exterior detailing/finishes and colors within the area. 12. Detrimental effects on emergency fire service and emergency vehicle access. 13. Detrimental effects on usable/functional/accessible open space and sensitive lands. 14. Detrimental effects from inadequate maintenance of the property and structures in perpetuity, including performance measures, compliance reviews, and monitoring. 15. Detrimental effects of excessive storm water generation. a. Conditions of Approval. Unless otherwise specified in this Code or Utah Code Section 10-9a-507, Conditional Uses, the Planning Commission shall approve all conditional use applications with objective standards as set forth in the Land Use Code. In such cases, any conditions attached to approvals shall be directly related to the anticipated detrimental effects of the proposed use or development. No conditions of approval shall be less restrictive than the requirements of this Code, except where the Code allows flexibility. b. All conditional uses are presumed to be compatible with the zone and the General Plan’s intent.. c. Denial. If the reasonably anticipated detrimental effects of a proposed conditional use cannot be substantially mitigated by the proposal or the imposition of reasonable conditions to achieve compliance with applicable standards, the Land Use Authority may deny the conditional use. 16. Submittal Requirements. Any person seeking a Conditional Use Permit shall submit a complete application, a completed Conditional Use Permit Checklist, and a fee as set forth in MKZ 18.14.040, Submittal Requirements in General, and any other relevant supporting documentation, maps, studies and any other information that would inform Staff and allow the Land Use Authority to make a decision. 17. Revocation. Upon a determination by Millcreek that there is a failure to comply with a condition of a conditional use permit, the Planning Director shall forward that determination to the Planning Commission for review at a public meeting. The Planning Commission shall consider staff’s recommendation and make a recommendation to the Land Use Hearing Officer (LUHO) regarding whether a failure to comply with a condition of the conditional use permit exists. At a hearing of the LUHO, the LUHO shall determine if there is a failure to comply with a condition of the approved ---PAGE BREAK--- Millcreek Code Update Specific Procedures by Application Category and Type I 60 Conditional Use Site Plan. Should the LUHO determine that there is failure to comply with the condition(s) of the Conditional Use, the LUHO shall revoke the Conditional Use Permit. 18. Expiration. A Conditional Use Permit granted pursuant to this section shall expire within one year from the date of final approval if action is not taken within that time. An applicant may apply for up to one extension by following the process as set forth in MKZ 18.15.110, Expirations and Extensions of Land Use Approvals. For the purposes of this section, “action” means obtaining a building permit pursuant to the issuance of a conditional use permit or, if a building permit is not required, obtaining a business license pursuant to the issuance of a conditional use permit. 19. Discontinuance and Termination of Right. If a Conditional Use Permit is abandoned or discontinued for a period of twelve (12) continuous months, the Planning Director may provide notice via certified mail to the applicant and upon such notice, the Conditional Use Permit shall expire. Prior to the expiration of the Conditional Use Permit due to discontinuation, the Planning Director may approve one, six month extension of the Conditional Use Permit if no changes to the site design are required. Upon expiration, the property affected shall be subject to all provisions and regulations of this Code applicable to the zoning district in which such property is classified. 20. Transferability. Conditional Use Permits shall run with the land. Table 18.16-9 Conditional Use Permit Meeting and Noticing Requirements Application Procedure Steps Requirement Code Reference Pre-Application Consultation Required MKZ 18.15.010 Concept Review Required MKZ 18.15.020 Neighborhood Meeting Required MKZ 18.15.030 Community Council Recommendation Required MKZ 18.14.050 Planning Commission Public Meeting Required MKZ 18.14.050 MKZ 18.15.080 Mailed Noticing Requirement for Property Owners – Distance 300 feet MKZ 18.14.060 Mailed Noticing Requirement – Time 7 days prior to first Community Council Meeting MKZ 18.14.060 B. Site Plan Approval ---PAGE BREAK--- Millcreek Code Update Specific Procedures by Application Category and Type I 61 1. Purpose. The purpose of this Section is to establish standards for Site Plan Approvals for Permitted Use approvals that are intended to ensure that development or redevelopment in Millcreek is developed in accordance with this Code. Building permits may not be obtained nor shall any site work be performed prior to site plan approval. 2. Applicability. A Site Plan Approval is required under the following circumstances: a. Property development, redevelopment, construction, reconstruction, or alteration of a building or structure, except for attached or detached single-household dwellings that are located in a recorded subdivision and that are not in a sensitive lands area. b. Review of a permitted use approval, a conditional use permit that involves property development, redevelopment, construction, reconstruction, or alteration of a building or structure, or a request for reasonable accommodation for a group home or residential facility for persons with a disability, subject to the standards as set forth in MKZ 18.74. c. Changes or alterations to an existing site plan or structure that does not otherwise qualify for a Minor Site Plan Amendment. 3. Procedure. The following application steps, as set forth in MKZ 18.15, Land Use Application Steps, are required. a. Concept Review. b. Application Submittal. c. Application Completeness Review. d. Application Compliance Review. e. Decision and Findings. The Planning Director shall be the Land Use Authority for Site Plan Approval applications for permitted uses. The Planning Commission shall be the Land Use Authority for Site Plan Approval for conditional uses. 4. Approval Criteria. Once all application submittal requirements have been met, the Planning Director shall approve the site plan if it complies with all applicable provisions of this Code and other applicable Millcreek policies, including but not limited to: a. Dedication of a public right-of-way for the public street on which the property fronts. b. Dedication of public utility or drainage easements necessary for the development. ---PAGE BREAK--- Millcreek Code Update Specific Procedures by Application Category and Type I 62 c. Construction of public right-of-way improvements abutting the property or the deferral of said improvements as set forth in MKZ 14.XX.XX 5. Submittal Requirements. Any person seeking a Site Plan Approval for Permitted Uses shall submit a complete application, a completed Site Plan Approval for Permitted Uses Checklist, a fee as set forth in MKZ 18.14.040, Submittal Requirements in General, any other relevant supporting documentation, maps, studies, and any other information that would inform Staff and allow the Land Use Authority to make a decision. 6. Expiration. A site plan approved pursuant to this section shall expire within one year from the date of final approval if action is not taken within that time. An applicant may apply for no more than one extension by following the process as set forth in MKZ 18.15.110, Expirations and Extensions of Land Use Approvals. For purposes of this subsection, "action" means obtaining a building permit. 7. Discontinuance and Termination of Right. If a site plan that is approved pursuant to this section is abandoned or discontinued for a period of six continuous months the site plan shall be considered expired. Prior to the expiration of the site plan due to discontinuation, the Planning Director may approve one, six month extension of the site plan if no changes to the site design are required. Upon expiration, the property affected shall be subject to all provisions and regulations of this Code, applicable to the zoning district in which such property is classified. 8. Transferability. Site plans shall run with the land. C. Change of Use Permit. 1. Purpose. The purpose of this Section is to establish standards for Change of Use Permits, which are intended for developed property that has changed from one use to another. This permit is intended to ensure that the existing site is adequate for the new use, and that the proposed use complies with all applicable standards. When an existing property changes from a permitted use classification established in this Title to a use classification that is established in this Title as a conditional use, the applicant shall obtain a Conditional Use Permit following the procedures as set forth in MKZ XX.XX.XX. 2. Applicability. A Change of Use Permit is required when any existing property changes from one use classification established in this Title to another use classification established in this Title. 3. Procedure. The following application steps, as set forth in MKZ 18.15, Land Use Application Steps, are required. a. Application Submittal ---PAGE BREAK--- Millcreek Code Update Specific Procedures by Application Category and Type I 63 b. Application Completeness Review c. Application Compliance Review d. Decision and Findings. The Planning Director shall be the Land Use Authority for Change of Use applications. 4. Approval Criteria. The Planning Director shall approve the site plan if it complies with with all applicable provisions of this Code and other applicable Millcreek policies, including the following: a. The new use is permitted in the governing zoning district; and b. The new use complies with all applicable development standards, including but not limited to landscaping standards, parking and mobility standards, minimum driveway and roadway widths, and any dedication or public improvement requirements. 5. Submittal Requirements. Any person seeking a Change of Use Permit shall submit a complete application, a completed Change of Use Permit Checklist, a fee as set forth in MKZ 18.14.040, Submittal Requirements in General, any other relevant supporting documentation, maps, studies, and any other information that would inform Staff and allow the Land Use Authority to make a decision. D. Minor Site Plan Amendment 1. Purpose. The purpose of this Section is to establish standards and a streamlined review process for Minor Site Plan Amendments, which allow for minor changes to approved site plans for conditional and permitted uses. 2. Applicability. An applicant who has obtained a site plan that has been previously approved may apply for a Minor Site Plan Amendment approval for minor changes to the site plan, subject to the approval criteria as set forth in this section. 3. Procedure. The following application steps, as set forth in MKZ 18.15, Land Use Application Steps, are required. a. Application Submittal. b. Application Completeness Review. c. Application Compliance Review. d. Decision and Findings. The Planning Director shall be the Land Use Authority for Minor Site Plan Amendment applications. 4. Approval Criteria. The Planning Director shall approve the site plan if it complies with all applicable provisions of this Code and other applicable Millcreek policies, including the following: a. The proposed change does not significantly alter the site plan’s approved access, circulation, or layout. ---PAGE BREAK--- Millcreek Code Update Specific Procedures by Application Category and Type I 64 b. The proposed changes do not increase the number of residential units. c. The proposed change does not expand the floor area of a building, structure, or oval site by more than ten percent d. The proposed change complies with all applicable requirements of the Code and other relevant Millcreek and State regulations. e. The proposed change does not affect any required mitigations or violate any conditions of approval for a Conditional Use Permit. f. The amended site plan complies with all applicable development standards, including but not limited to landscaping standards, parking and mobility standards, minimum driveway and roadway widths, and any dedication or public improvement requirements. 5. Submittal Requirements. Any person seeking a Minor Site Plan Amendment shall submit a complete application, a completed Minor Site Plan Amendment Checklist, a fee as set forth in MKZ 18.14.040, Submittal Requirements in General, any other relevant supporting documentation, maps, studies, and any other information that would inform Staff and allow the Land Use Authority to make a decision. 6. Expiration. A site plan that is approved pursuant to this section shall expire within one year from the date of final approval if action is not taken within that time. An applicant may apply for up to one extension by following the process as set forth in MKZ 18.15.110, Expirations and Extensions of Land Use Approvals. For purposes of this subsection, "action" means obtaining a building permit. 7. Discontinuance and Termination of Right. If a site plan that is approved pursuant to this section is abandoned or discontinued for a period of six continuous months the site plan shall be considered expired. Prior to the expiration of the site plan due to discontinuation, the Planning Director may approve one six month extension of the site plan if no changes to the site design are required. Upon expiration, the property affected shall be subject to all provisions and regulations of this Code, applicable to the zoning district in which such property is classified. 8. Transferability. Site plans shall run with the land. E. Compliance Determination for an Accessory Dwelling Unit. 1. Purpose. The purpose of this Section is to establish standards and a streamlined review process for a Compliance Determination for an Accessory Dwelling Unit, which allows a property owner to determine if an accessory dwelling unit complies with applicable standards. ---PAGE BREAK--- Millcreek Code Update Specific Procedures by Application Category and Type I 65 2. Applicability. A property owner of a single-household dwelling with an existing Accessory Dwelling Unit on the property may apply for a Compliance Determination for an Accessory Dwelling Unit. 3. Procedure. The following application steps, as set forth in MKZ 18.15, Land Use Application Steps, are required. a. Application Submittal. b. Application Completeness Review. c. Application Compliance Review. d. Decision and Findings. The Planning Director shall be the Land Use Authority for Compliance Determination for Accessory Dwelling Unit applications. 4. Approval Criteria. The Planning Director shall issue a Compliance Determination if the Accessory Dwelling Unit complies with all applicable provisions of this Code, particularly MKZ 18.71, Accessory Dwelling Units, and other applicable Millcreek policies, including the following: a. The Accessory Dwelling Unit is on a residential property that contains a single-household dwelling. b. The Accessory Dwelling Unit is on a residential property that is owner- occupied. 5. Submittal Requirements. Any person seeking a Compliance Determination for an Accessory Dwelling Unit shall submit a complete application, a completed Compliance Determination for an Accessory Dwelling Unit Checklist, a fee as set forth in MKZ 18.14.040, Submittal Requirements in General, proof of owner occupancy, any other relevant supporting documentation, maps, studies, and any other information that would inform Staff and allow the Land Use Authority to make a decision, and proof of owner occupancy in the form of a document from at least two of the following categories that show the applicant’s name and the address of the property for which a Compliance Determination for an Accessory Dwelling Unit is being applied. a. Utility bill, dated within the last sixty (60) days; b. Correspondence from any government agency that shows the home address, dated within the last sixty (60) days; c. A voter registration card dated within the last calendar year; d. A social security statement, dated within the last sixty (60) days; e. A bank statement dated within the last sixty (60) days; f. Automobile registration documentation dated within the last calendar year; g. Income tax forms dated from the most recent tax filing period; ---PAGE BREAK--- Millcreek Code Update Specific Procedures by Application Category and Type I 66 h. Insurance documentation or insurance bill dated within the last calendar year that shows home address; i. Current active business license or permit issued by Millcreek or a state or federal agency that shows home address; j. College or school correspondence that shows home address, dated within the last sixty (60) days; k. W-2 from the most recent tax filing period; l. Official payroll documentation that includes home address issued by an employer within the last sixty (60) days, such as a pay stub with home address, a form submitted for tax withholding purposes, or a payroll receipt; 6. Discontinuance and Termination of Right. If a Compliance Determination for an Accessory Dwelling Unit is issued pursuant to this section is abandoned or discontinued for a period of six continuous months, or if the single- household dwelling ceases to be owner-occupied, the compliance review shall be considered expired. Prior to the expiration of the Compliance Determination for an Accessory Dwelling Unit due to discontinuation, the Planning Director may approve one, six month extension of the Determination if no changes to the application are required. Upon expiration, the property affected shall be subject to all provisions and regulations of this Code applicable to the zoning district in which such property is classified. 7. Transferability. Compliance Determinations for an Accessory Dwelling Unit run with the land, provided that the single-household dwelling is owner-occupied. F. Reasonable Accommodation Determination for Residential Facilities for Persons with a Disability 1. Purpose. The purpose of this Section is to establish standards for applications for a Reasonable Accommodation Determination for Residential Facilities for Persons With a Disability in a manner that balances local zoning considerations with state and federal mandates requiring a reasonable accommodation for disabled persons living together in a group housing arrangement in a residential neighborhood. 2. Applicability. Any person or entity seeking a reasonable accommodation to exceed the residential occupancy limits established in any zone for a residential facility for persons with a disability shall apply for a Reasonable Accommodation Determination for Residential Facilities for Persons With a Disability. Applicants have the burden of providing sufficient evidence that the requested accommodation is necessary to allow disabled individuals reasonable, non-discriminatory, federally mandated housing opportunities in the relevant zone. ---PAGE BREAK--- Millcreek Code Update Specific Procedures by Application Category and Type I 67 3. Procedure. An application for a Reasonable Accommodation Determination for Residential Facilities for Persons With a Disability shall follow the procedure for a Site Plan Approval for Permitted Uses as set forth in this chapter. 4. Approval Criteria. The Planning Director shall consider the following in making a Reasonable Accommodation Determination for a Residential Facility For Persons With a Disability: a. The facility meets or will meet all program, physical facility, and licensure requirements of the Utah Department of Health and Human Services. b. Except as otherwise provided in this chapter, buildings and uses shall meet all applicable City development standards, licensing and zoning requirements. c. The facility shall not house persons who are involuntarily residing there or who are residing there as part of or in lieu of confinement, rehabilitation, or treatment in a correctional facility. d. The applicant provides sufficient evidence that the requested accommodation is necessary to provide disabled individuals with reasonable, non-discriminatory, federally mandated housing opportunities in the relevant zone. Evidence may include information about the facility’s history, management, financial feasibility, and therapeutic benefits, and applicable law. e. The zoning ordinance applicable to the property. f. The anticipated parking, traffic, and noise impact on the neighborhood if the reasonable accommodation is granted. g. Whether or not the accommodation will be an undue burden or expense to the city. h. The extent to which the accommodation will or will not benefit the applicant. i. The extent to which the accommodation will or will not benefit the community. j. Whether or not the accommodation fundamentally alters the citywide zoning ordinance and whether or not the accommodation would likely create a fundamental change in the character of a residential neighborhood. k. Whether or not the applicant has demonstrated that the accommodation will affirmatively enhance the applicant’s life or ameliorate the effects of the applicant’s disability, or the lives or disabilities of those on whose behalf the applicant is applying. ---PAGE BREAK--- Millcreek Code Update Specific Procedures by Application Category and Type I 68 l. Whether or not, without the accommodation, similar housing is available in the city for the applicant or group of applicants. m. The anticipated impact of the requested accommodation on the immediate neighborhood. n. The requirements of applicable federal and state laws and regulations. 5. Submittal Requirements. Any person seeking a Reasonable Accommodation Determination For A Residential Facility For Persons With A Disability shall submit a complete application, a completed Site Plan Approval for Permitted Uses Checklist, a completed Reasonable Accommodation Determination Checklist, a fee as set forth in MKZ 18.14.040, Submittal Requirements in General, and the following additional information: a. The specific regulation, policy, or procedure from which an accommodation is sought and/or for which deviation or waiver is requested. b. A document that provides a detailed explanation of why the requested accommodation is warranted under federal and/or state law, including how the person(s) is disabled under the Americans with Disabilities Act or the Fair Housing Act. c. An analysis based on evidence, legal authorities, and other information showing that the accommodation is reasonable and necessary to afford the disabled person(s) an equal opportunity to use and enjoy the residential dwelling. d. The number of residents and employees who will have vehicles on the property and a site plan showing where the vehicles will be parked. e. Whether the owner/operator of the Residential Facility For Persons With A Disability or applicant has other facilities for the disabled and, if so, a description and copy of any complaints from neighbors, incident reports from a local police department, or investigations, citations, notices of violations(s) or complaints received from any federal, state, or local agencies, etc. relating to licensure , parking, traffic, a direct threat to the health or safety of other persons, or substantial physical damage to the property of others. f. An accurate description of the type of program(s), treatment(s), therapies, and/or services that will be provided to the residents of the Residential Facility For Persons With a Disability, and the clinical rationale for such program(s), treatment(s), therapies, and/or services. g. The category of state licensure that the Residential Facility for Persons With A Disability will have. ---PAGE BREAK--- Millcreek Code Update Specific Procedures by Application Category and Type I 69 h. An accurate summary and/or description of the admissions criteria and operational protocols for the Residential Facility for Persons With a Disability. 6. Expiration. A Reasonable Accommodation Determination for a Residential Facility for Persons With a Disability that is issued pursuant to this section shall expire within one year from the date of final approval if action is not taken within that time. An applicant may apply for no more than one extension by following the process as set forth in MKZ 18.15.110, Expirations and Extensions of Land Use Approvals. For purposes of this subsection, "action" means obtaining the required state licensure and a Millcreek business license. 7. Transferability. Reasonable Accommodation Determinations for Residential Facility are nontransferable. A new Reasonable Accommodation Determination is required if any ownership changes, changes in the maximum occupancy, changes in the licensing or disability classification under state or federal law, or remodels or expands. 8. Termination. A use permitted by this shall be subject to revocation by the appropriate land use or licensing authority if: a. The facility is devoted to a use other than a residential facility for persons with a disability; b. The facility exceeds the maximum number of residents specified and approved in the Reasonable Accommodation Determination, or changes the disability classification under state or federal law, or remodels or expands without first applying for and receiving an additional Reasonable Accommodation Determination; c. The facility is not licensed by the Utah Department of Health and Human Services, or if a license is revoked; or d. An appropriate authority has determined that residents of the facility have engaged in a pattern of criminal acts of nuisance, theft, or violence in the adjoining neighborhood. G. Eligible Facility Request (EFR) for a Wireless Telecommunications Facility. 1. Purpose. The purpose of this section is to establish standards for eligible facility requests (EFR) for wireless telecommunications facilities to ensure that such requests are in conformance with federal law with Millcreek’s requirements for wireless telecommunications facilities. 2. Applicability. An EFR is required for any modification of an existing wireless telecommunications facility that does not substantially change the physical dimensions of a tower or base station. 3. Procedure. The following application steps, as set forth in MKZ 18.15, Land Use Application Steps, are required. ---PAGE BREAK--- Millcreek Code Update Specific Procedures by Application Category and Type I 70 a. Application Submittal. b. Application Completeness Review. The city shall comply with all applicable shot clocks when reviewing an EFR application. c. Application Compliance Review. d. Decision and Findings. The Planning Director shall be the Land Use Authority for EFRs. 4. Approval Criteria. The Planning Director shall approve the EFR if it complies with all applicable provisions of this Code and federal law, including the following: a. The proposed EFR complies with standards as set forth in MKZ 18.75.100. b. The proposed EFR does not result in a substantial change to the physical dimensions of an eligible support structure. 5. Submittal Requirements. Any person seeking an EFR shall submit a complete application, a completed Eligibility Facilities Request Checklist, a fee as set forth in MKZ 18.14.040, Submittal Requirements in General, any other relevant supporting documentation, maps, studies, and any other information that would inform Staff and allow the Land Use Authority to make a decision. H. Sign Permit 1. Purpose. The purpose of this Section is to establish standards for Sign Permits, to ensure that that signage in Millcreek is in conformance with Millcreek’s adopted signage requirements found within this Code. 2. Applicability. No person shall erect, alter, relocate, or modify any sign without first obtaining a sign permit, if required, and a building permit, if required, for such work unless no permit is required as set forth in MKZ 18.66, Signs. 3. Procedure. The following application steps, as set forth in MKZ 18.15, Land Use Application Steps, are required. a. Application Submittal. b. Application Completeness Review. c. Application Compliance Review. d. Decision and Findings. The Planning Director shall be the Land Use Authority for Sign Permit applications. 4. Approval Criteria. The Planning Director shall approve the request if the proposed signage complies with the requirements as set forth in MKZ 18.66, Signs, and all other applicable Millcreek, State, and Federal statutes. 5. Submittal Requirements. Any person seeking a Sign Permit shall submit a complete application, a completed Sign Permit Checklist, a fee as set forth in MKZ 18.14.040, Submittal Requirements in General, any other relevant ---PAGE BREAK--- Millcreek Code Update Specific Procedures by Application Category and Type I 71 supporting documentation, maps, studies, and any other information that would inform Staff and allow the Land Use Authority to make a decision. 6. Expiration. A sign permit that is approved pursuant to this section shall expire within one year from the date of final approval if action is not taken within that time. An applicant may apply for up to one extension by following the process as set forth in MKZ 18.15.110, Expirations and Extensions of Land Use Approvals. For purposes of this subsection, "action" means obtaining a building permit, if a building permit is required. 7. Transferability. Sign permits shall run with the land. I. Temporary Use Permit 1. Purpose. The purpose of this section is to establish standards for Temporary Use Permits, which are intended to ensure that temporary uses within Millcreek are in conformance with all applicable Millcreek requirements found within this Code. 2. Applicability. A Temporary Use Permit is required when a temporary use as set forth in MKZ 18.59, Temporary Uses and Structures, is intended to be placed on a property in Millcreek. 3. Procedure. The following application steps, as set forth in MKZ 18.15, Land Use Application Steps, are required. a. Application Submittal. b. Application Completeness Review. c. Application Compliance Review. d. Decision and Findings. The Planning Director shall be the Land Use Authority for Temporary Use applications. 4. Approval Criteria. The Planning Director shall approve the request if the proposed temporary use complies with the requirements of the zoning district in which the use is located, the requirements as set forth in MKZ 18.59, Temporary Uses and Structures, and all other applicable Millcreek, State, and Federal statutes. 5. Submittal Requirements. Any person seeking a Temporary Use Permit shall submit a complete application, a completed Temporary Use Permit Checklist, a fee as set forth in MKZ 18.14.040, Submittal Requirements in General, any other relevant supporting documentation, maps, studies, and any other information that would inform Staff and allow the Land Use Authority to make a decision. 6. Expiration. A Temporary Use Permit that is approved pursuant to this section shall expire within one year from the date of final approval if action is not taken within that time. An applicant may apply for up to one extension by ---PAGE BREAK--- Millcreek Code Update Specific Procedures by Application Category and Type I 72 following the process as set forth in MKZ 18.15.110, Expirations and Extensions of Land Use Approvals. 18.15.040 Administrative Decisions – Nonconformities and Variances A. Nonconformities Determination 1. Purpose. The purpose of this Section is to establish standards for a Nonconformities Determination regarding a use or property in Millcreek. A formal nonconformities determination acknowledges the use and development rights for legally established uses, structures, lots, or parcels, and other circumstances that do not conform to the applicable requirements of this Title. 2. Applicability. A property owner shall have the burden of establishing that a nonconforming use, noncomplying structure, nonconforming lot, or other nonconformity legally existed before its current land use designation. A Nonconformities Determination is required prior to an application to expand or enlarge a noncomplying structure. 3. Procedure. The following application steps, as set forth in MKZ 18.15, Land Use Application Steps, are required. a. Application Submittal. b. Application Completeness Review. c. Application Compliance Review. d. Decision and Findings. The Planning Director shall be the Land Use Authority for Nonconformities Determination applications. 4. Approval Criteria. The Planning Director shall make a nonconformities determination upon receipt of a complete application, including acceptable evidence that a nonconformity exists pursuant to MKZ 18.61.080. 5. Submittal Requirements. Any person seeking a Nonconformities Determination shall submit a complete application, a completed Nonconformities Determination Checklist, a fee as set forth in MKZ 18.14.040, Submittal Requirements in General, any other relevant supporting documentation, maps, studies, and any other information that would inform Staff and allow the Land Use Authority to make a decision. B. Expansion or Enlargement of a Noncomplying Structure. 1. Purpose. The purpose of this Section is to establish standards for the expansion or enlargements of noncomplying structures in a manner that controls the expansion of structures that were legally established but that do not comply with current standards, while recognizing the interests of affected property owners. A summary of meeting and noticing requirements for ---PAGE BREAK--- Millcreek Code Update Specific Procedures by Application Category and Type I 73 applications for Expansion or Enlargement of a Noncompliant Structure is set forth in Table 18.16-10. 2. Applicability. No person may expand or enlarge a noncomplying structure without first having the structure deemed noncompliant pursuant to and obtaining a permit of the Land Use Hearing Officer as set forth in MKZ 18.61, Nonconformities. 3. Procedure. The following application steps, as set forth in MKZ 18.15, Land Use Application Steps, are required. a. Pre-Application Consultation. b. Application Submittal. c. Application Completeness Review. d. Application Compliance Review. e. Public Notice. f. Formal Public Engagement. The Land Use Hearing Officer shall hold a Public Hearing and is the Land Use Authority for Expansion or Enlargement of a Noncomplying Structure applications. g. Decision and Findings. 4. Approval Criteria. Approval criteria for expanding or enlarging a noncompliant structure are set forth in MKZ 18.61, Nonconformities. 5. Submittal Requirements. Any person seeking an Expansion or Enlargement of a Noncomplying Structure shall submit a complete application, a completed Expansion or Enlargement of a Noncomplying Structure Checklist, a fee as set forth in MKZ 18.14.040, Submittal Requirements in General, any other relevant supporting documentation, maps, studies, and any other information that would inform Staff and allow the Land Use Authority to make a decision. 6. Expiration. A permit to expand or enlarge a noncomplying structure pursuant to this part shall expire within one year from the date of final approval if a building permit is not applied for within that time. Table 18.16-10 Expansion or Enlargement of a Noncompliant Structure Permit Meeting and Noticing Requirements Application Procedure Steps Requirement Code Reference Pre-Application Consultation Required MKZ 18.15.010 Concept Review Required MKZ 18.15.020 Land Use Hearing Officer Public Hearing Required MKZ 18.14.050 MKZ 18.15.080 ---PAGE BREAK--- Millcreek Code Update Specific Procedures by Application Category and Type I 74 Mailed Noticing Requirement for Property Owners – Distance 300 feet MKZ 18.14.060 Mailed Noticing Requirement – Time 10 days prior to Public Hearing MKZ 18.14.060 C. Variances 1. Purpose. The purpose of this Section is to establish standards for requests for variances from the standards of this Code. Variances are intended to provide a means of relief from the requirements of this Title if they have resulted in a hardship as they are applied to a property. Variances are subject to the standards as set forth in Utah Code Section 10-9a-701 et seq., Appeal authority required. A summary of meeting and noticing requirements for applications for Expansion or Enlargement of a Noncompliant Structure is set forth in Table 18.16-11. 2. Applicability. Any person or entity desiring a waiver or modification of the requirements of this Code as applied to a parcel of property that they own, lease, or hold some other beneficial interest may apply to the Land Use Hearing Officer for a variance, after receiving a final written administrative decision or interpretation of the land use requirement from the Planning Director. Applicants have the burden of proving that a hardship has been caused by the requirements of this Code. Variances may not be requested regarding land use. 3. Procedure. The following application steps, as set forth in MKZ 18.15, Land Use Application Steps, are required, prior to schedulgin a hearing to consider a variance request. a. Pre-Application Consultation. b. Application Submittal. c. Application Completeness Review. d. Public Notice. e. Formal Public Engagement. The Land Use Hearing Officer shall hold a Public Hearing and is the Land Use Authority for Variance applications. f. Decision and Findings. 4. Approval Criteria. a. The LUHO may only grant a variance if: ---PAGE BREAK--- Millcreek Code Update Specific Procedures by Application Category and Type I 75 Literal enforcement of the ordinance would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of the land use ordinances; There are special circumstances attached to the property that do not generally apply to other properties in the same zone; Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone; The variance will not substantially affect the general plan and will not be contrary to the public interest; and The spirit of the land use ordinance is observed and substantial justice is done. b. In determining whether or not enforcement of the land use ordinance would cause unreasonable hardship as set forth in MKZ 18.15.020 the LUHO may not find an unreasonable hardship unless the alleged hardship: Is located on or associated with the property for which the variance is sought; and Comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood. c. In determining whether or not enforcement of the land use ordinance would cause unreasonable hardship as set forth in MKZ 18.15.020, the LUHO may not find an unreasonable hardship if the hardship is self- imposed or economic. d. In determining whether or not there are special circumstances attached to the property under Subsection the appeal authority may find that special circumstances exist only if the special circumstances: Relate to the hardship complained of; and Deprive the property of privileges granted to other properties in the same zone. e. The LUHO may impose conditions on an approval of a variance request to: Mitigate any harmful effects of the variance; or Serve the purpose of the standard or requirement that is waived or modified. f. The LUHO may not grant: ---PAGE BREAK--- Millcreek Code Update Section Reserved I 76 A variance that is greater than the minimum variation necessary to relieve the unreasonable hardship the applicant can demonstrate; A temporary variance; or A use variance. 5. Submittal Requirements. Any person seeking a variance shall submit a complete application, a completed Variance Checklist, a fee as set forth in MKZ 18.14.040, Submittal Requirements in General, any other relevant supporting documentation, maps, studies, and any other information that would inform Staff and allow the Land Use Authority to make a decision. 6. Burden of Proof. The applicant bears the burden of proving that all conditions justifying a variance have been met. 7. Expiration. Variances shall not expire. 8. Transferability. Variances shall run with the land. Table 18.16-11 Variance Meeting and Noticing Requirements Application Procedure Steps Requirement Code Reference Pre-Application Consultation Required MKZ 18.15.010 Concept Review Required MKZ 18.15.020 Land Use Hearing Officer Public Hearing Required MKZ 18.14.050 MKZ 18.15.080 Mailed Noticing Requirement for Property Owners – Distance 300 feet MKZ 18.14.060 Mailed Noticing Requirement – Time 10 days prior to Public Meeting MKZ 18.14.060 18.16 Section Reserved 18.17 Section Reserved 18.18 Section Reserved 18.19 Section Reserved 18.20 Section Reserved 18.21 Section Reserved ---PAGE BREAK--- Millcreek Code Update Section Reserved I 77 18.22 Section Reserved 18.23 Section Reserved 18.24 Subdivisions 18.24.010 Purpose The purpose of this Title is to establish standards for the development and construction of subdivisions in Millcreek that comply with all applicable zoning, building, health, and fire requirements, including but not limited to, all use and development standards adopted by Millcreek. 18.24.020 Applicability A. This Title applies to any subdivision of land within Millcreek’s municipal boundary. The description of a lot or parcel by metes and bounds may not exempt the transaction from the requirements of this Title. B. No plat of any subdivision within the application of these regulations nay be entitled to be filed or recorded or have any validity until such plat has been approved by the City and acknowledged in the manner prescribed by applicable standards of this Code and applicable regulations and standards. C. No building permits may be issued for development on any vacant parcel, unless such parcel has been subdivided and platted in accordance with the procedures set out in these regulations. For existing vacant lots or parcels that were recorded in the office of the Salt Lake County Recorder prior to the establishment of the first Salt Lake County subdivision ordinance dated August 28, 1946, and have remained intact since that date, a building permit may be issued for said lot and/or parcel, however further subdivision of said property would require compliance with the standards of this Title. The applicant has the burden of proving that a lot or parcel was legally established in compliance with all zoning and subdivision standards applicable at the time of its creation. D. On properties pending subdivision approval, no building permit may be issued nor may any site work be performed prior to subdivision approval, except for improvements as required as part of a subdivision approval. 18.24.030 Design Standards A. Blocks and Walkways 1. Blocks shall not exceed 600 feet in length unless adequate turnaround space is provided either via a looped roadway or a cul-de-sac with a minimum radius ---PAGE BREAK--- Millcreek Code Update Subdivisions I 78 of 40 feet. Hammer head or T-shaped turnarounds are not considered sufficient to meet this requirement. 2. The arrangement of streets in new subdivisions shall provide for the continuation of the existing streets in adjoining areas and shall provide access to unsubdivided adjoining areas insofar as such continuation or access is necessary as reasonably determined by the Land Use Authority as determined in Table 18.1. New streets shall connect with existing public streets. 3. Blocks shall accommodate various lot arrangements and designs that provide satisfactory and desirable building sites, and are appropriately related to topography, the character of surrounding development, and existing requirements. 4. Dedicated walkways on blocks greater than six hundred feet (600’) shall be required through the block to provide access to schools, existing and planned trails, transit facilities, community facilities, or a similar public amenity at a point designated by the Land Use Authority as determined in Table 18.1, unless determined otherwise by the Land Use Authority. For such walkways, the following standards apply: a. Walkways shall be located at the approximate middle of the block. b. Walkways shall be a minimum of six feet in width. c. Walkway surface shall be concrete. d. A fence that is at least four feet high on each side and the full length of each walkway shall be provided, unless alternative screening arrangements have been desired and approved by the City. e. Bollards or similar barriers shall be placed at each walkway entrance to prevent vehicles from using the walkway . B. Lots 1. Each lot shall be arranged and designed such that the lots will provide satisfactory and desirable sites for buildings and be properly designed according to topography, the character of surrounding development, and to existing requirements. 2. All lots must conform to the minimum requirements of the Zoning Districtt for the zone in which the subdivision is located. 3. Every portion of a property being subdivided or recorded as a condominium shall be included in a lot or lots in the proposed subdivision plat or as ---PAGE BREAK--- Millcreek Code Update Subdivisions I 79 common, limited common or private ownership in a condominium except for public rights-of-way, parks or other areas dedicated for public use. Non- buildable parcels shall be so identified with clarifying information to indicate their purpose 4. Each lot must be contained entirely within a single zoning district. 5. Each lot shall abut on a street shown on the subdivision plat or on an existing public street that is more than twenty-six feet wide or has an approved access via flag lot, private right-of-way to a public street shown on the plat subject to the requirements of MKZ 18.24.030, Subdivision Design Standards. 6. Side lot lines shall be approximately at right angles, or radial to the street lines. 7. All remnants of lots below minimum size must be added to adjacent lots rather than allowed to remain as unusable lots or parcels. 8. Subdivisions in Sensitive Lands a. In subdivisions proposed for development in the MKZ 18.57, Sensitive Lands, the general layout of lots, roads, driveways, utilities, drainage facilities, and other services within the proposed subdivision shall be designed consistent with the purpose of the foothills and canyon overlay zone. b. Applicants shall consider and apply the development standards set forth in MKZ 18.57, Sensitive Lands in the layout of the subdivision and the designation of buildable areas on individual lots (see subsection C of this section) to avoid creating lots or patterns of lots that will make compliance with such development standards difficult or infeasible. c. All preliminary and final subdivision plats shall outline buildable areas on each lot intended to accommodate planned principal and accessory structures. d. Clustering of lots within a subdivision is strongly encouraged and may be required by the Planning Commission to meet the requirements of this provision and any applicable overlay zone. 9. Flag Lots. Flag lots shall be prohibited unless the following requirements are met: a. No other viable subdivision design alternatives exist that will allow for a conventional lot, including consideration of: ---PAGE BREAK--- Millcreek Code Update Subdivisions I 80 The current or proposed zoning; The possibility of incorporating the subject property with adjacent property to achieve a more unified development of the area and eliminate the need for a flag lot; and Alternative street designs and improvements. Feasible connections to a nearby public right-of-way. b. Flag lots shall meet the following requirements: No more than two flag lots may be created from an existing lot or parcel. The flag lot(s) shall be used exclusively for a Single-Household Detached Dwelling and shall be located to the rear of the original or front lot. The main body of a flag lot, exclusive of the access strip, shall meet the required lot area plus 25 percent. The main body of a flag lot shall meet the minimum lot width of the zone in which the flag lot(s) are proposed. The minimum side yard, front yard and rear yard shall be 20 feet. The access strip portion of a flag lot shall be platted as a contiguous portion of the flag lot. The subdivision plat shall include an outline of the buildable area proposed for the house. The maximum height of the house is set forth in the underlying zoning district, and no house shall be taller than two stories, excluding a pitched roof. A turnaround area to prevent backing out the driveway is required, as illustrated in Figure 18.24.1. The flag lot(s) shall front on a public street. The length of the flag lot, as measured from the right-of-way line to the furthest point of a residential structure, may not exceed 150 feet in length unless approved by the Fire Department. Landscaped areas that abut the public street shall contain a mailbox(es), displaying the lot addresses, and a gravel or paved area for trash cans. ---PAGE BREAK--- Millcreek Code Update Subdivisions I 81 (10) Hard surfaced driveways shall be located at least 10 feetfrom existing homes on neighboring lots and at least eight feet from the home on the original lot. (11) All public and private access, utility, and maintenance easements shall be recorded prior to building permit submittal. c. The access strip portion of a flag lot(s): A single flag lot shall have an unobstructed access strip a minimum of 22 feet wide for its entire length from the street to the point where the access strip adjoins the main body of the flag lot and shall include: A paved driveway a minimum of 12 feet in width; Landscaped areas that are a minimum of five feet in width on either side of the driveway to allow for utility access, drainage, and snow storage adjacent to the neighboring property line. Two flag lots with a shared access strip shall have a minimum unobstructed access strip width of 25 feet wide for its entire length from the street to the point where the access strip adjoins the main body of the flag lot and shall include: A paved driveway a minimum of 15 feet in width; Landscaped areas that are a minimum of five feet in width on either side of the driveway to allow for utility access, drainage, and snow storage adjacent to the neighboring property line. d. The address of the flag lot dwelling shall be clearly visible on the dwelling(s) when viewed from the point where the access strip adjoins the street. ---PAGE BREAK--- Millcreek Code Update Subdivisions I 82 Figure 18.24.1 Flag Lot Layout C. Lots and Parcels On Private Rights-Of-Way 1. Minimum area. The minimum area for any lot or parcel fronting on a private right-of-way shall be as set forth in the zoning district standards in which the property lies. Calculations for the minimum lot area may not include the private street right-of-way. 2. Minimum Setback. The minimum distance from the center of the right-of-way to the front line of the building shall be fifty feet. 3. Private ROWs shall be constructed to meet City standards, however, reductions for the following are allowed: a. A private right-of-way may not extend more 400 feet in length. b. An existing private right-of-way may be extended up to a total length of 400 feet. c. Developments on a private right-of-way with up to 10 lots orunits on a private right-of-way shall provide a street with a drivable surface that is at least 20 feet wide, and no curb, gutter, or sidewalk is required. ---PAGE BREAK--- Millcreek Code Update Subdivisions I 83 d. Developments on a private right-of-way with over 10 units shall provide a street with a drivable surface that is at least 24 feet wide, and no curb, gutter, or sidewalk is required. e. Storm drainage from the street and the development may not enter the public street/stormwater system. f. All such private rights-of-way shall include an approved turnaround at the farthest end of the private right-of-way. 4. Recorded agreements for private right-of-way maintenance are required between the property owners and shall include an owner- funded system of regular road maintenance that addresses surfacing, snow removal, and potential replacement. 18.24.040 Required Improvements A. The following improvements shall be required and adhere to the standards in the Millcreek Code of Ordinances: 1. Storm Water System 2. Public Sanitary Sewer 3. Storm Drainage to Comply with Low Impact Design Standards 4. Street Improvements 5. Street Lighting 6. Curb and Gutter 7. Utility and Facility Systems to be Undergrounded 8. Sidewalks 9. Street Name Signs 10. Trails 11. Fire Hydrants 12. Stormwater Inlets 13. Fencing Along Right-of-Ways where lots rear public streets 14. Undergrounding/piping of Canals where adjacent to public right-of-way B. Construction of Improvements. 1. The Planning Director and City Engineer shall be notified at least twenty-four hours prior to construction of any required improvements so that proper inspection may be provided and the City may verify if the required authorization and/or permits are documented. 2. As-built plans, profile drawings, and corresponding GIS data shall be furnished to the Planning Director and City Engineer for all street improvements, storm sewers, sanitary sewers, and water systems upon completion. The City shall ---PAGE BREAK--- Millcreek Code Update Subdivisions I 84 retain the improvement assurance guarantee and associated approved bond agreement until such plans have been submitted. C. Certification of Improvements. No final plat of a subdivision of land may be recorded without receiving a statement signed by the Planning and Engineering Departments certifying that the improvements described in the subdivider’s plans and specifications have been completed (or an improvement assurance guarantee has been submitted for the required improvements as required by of this Code and applicable regulations and standards), that they meet the minimum requirements of all ordinances of the City, that they comply with the standards and requirements of the health department, and the fire authority serving the area. 18.24.050 Responsibility for Damages All damages to any bonded improvements or facilities incurred during the period of development shall be the sole responsibility of the subdivider and must be replaced to the satisfaction of the City before final acceptance of any improvements caused by the subdivider or any agents of the subdivider shall be repaired by the subdivider to the satisfaction of the City prior to final acceptance and bond release. 18.24.060 Improvement Assurance Guarantee A. Improvements Valued at ten thousand dollars ($10,000) or Less. In lieu of actual completion of the improvements listed in this Title and if Millcreek estimates that the cost to complete the required improvement is ten thousand dollars or less, then the subdivider must file with Millcreek a surety or cash bond, an escrow agreement, or letter of credit in a form acceptable to Millcreek and in an amount specified by the City Engineer or their designee to assure actual construction of such improvements within two years or other time period as approved by Millcreek. B. Improvements Valued at More than ten thousand dollars ($10,000). In lieu of actual completion of the improvements listed in this Title and if Millcreek estimates that the cost to complete the required improvement is more than ten thousand dollars, then the subdivider must file with Millcreek a cash bond, an escrow agreement, or a letter of credit in a form acceptable to Millcreek and in an amount specified by the City Engineer or designee to assure actual construction of such improvements within two years or other time period as approved by Millcreek. A subdivider may not use a surety bond for improvements valued at more than ten thousand dollars. C. Warranty. Ten percent of the bond amount for public improvements such as required landscaping, curb, gutter, sidewalk, road surfacing, flood control and fire hydrants shall extend for a one-year period beyond the date the City accepts the required landscaping or infrastructure. The City may extend the warranty period beyond one year if it determines for good cause that a one-year period would be inadequate to protect the public health, safety, and welfare; and if it has substantial evidence, on record, of prior poor performance by the ---PAGE BREAK--- Millcreek Code Update Section Reserved I 85 applicant; or that the area upon which the infrastructure will be constructed contains suspect soil and the municipality has not otherwise required the applicant to mitigate the suspect soil. D. The improvement completion assurance shall also secure all lot improvements on individual lots in the subdivision, required by this Title. E. If the City Engineer or their designee determines that the required improvements should be completed in a specified sequence and/or in less than a two-year period to protect the health, safety, and welfare of the City or its residents from traffic, flood, drainage, or other hazards, it may require in approving the final subdivision plat that the improvements, including required landscaping, be installed in a specified sequence and period which may be less than two years and shall incorporate such requirements in the bond. F. Inspections shall be made within the time period established by the City. If inspection shows that standards and specifications have been met in the completion of such improvements, the bond shall be released by the City Engineer of their designee within seven business days from the time of inspection and filing of the as-built plan, any corresponding GIS data (as required), and profile drawings. If the bonds are not released, refusal to release and the reasons therefore, shall be given to the subdivider in writing within seven business days from the inspection. G. Bonds filed pursuant to this section shall be processed and released in accordance with the procedures set forth in MKC 3.56, Public Works Bonds. 18.25 Section Reserved 18.26 Section Reserved 18.27 Section Reserved 18.28 Section Reserved 18.29 Section Reserved 18.30 Section Reserved 18.31 Section Reserved 18.32 Section Reserved 18.33 Section Reserved ---PAGE BREAK--- Millcreek Code Update Zone Districts I 86 18.34 Zone Districts 18.34.010 Purpose The purpose of this chapter is to establish the various zoning districts contained within this Tittle. 18.34.020 Organization For the purpose of this title, the City is divided into the following zone districts: 18.34 Agriculture Zone (AG) 18.35 Forestry Recreation Estate Zone (FRE) 18.36 Single-household Residential Zone (R-1) 18.37 Medium Density Residential Zone (R-2) 18.38 Medium Density Residential Zone (R-4) 18.39 Residential Mixed Zone (RM) 18.40 Mobile Home / Tiny Home (MH/TH) 18.41 Mixed Development Zone (MD) 18.42 Mixed Use Development Zone (MD-3) 18.43 Neighborhood Commercial Zone (C-1) 18.44 Commercial Zone 18.45 Institutional Facility Zone (IF) 18.46 Light Manufacturing Zone 18.47 City Center Overlay Zone (CCOZ) 18.48 Village Center Special District (VCSD) 18.48 Olympus Hills West Village Center Special District (OHW-VCSD) 18.34.030 Applicability A. Zoning Maps. Each section of the City zoned by this title is shown on the maps on file with the City, which is made a part of this Title and by this reference. B. Filing of This Title and Zoning Maps. This title and the maps shall be filed with the City and may be examined by the public subject to reasonable regulations established by staff. C. Boundary Locations. Where uncertainty exists as to the boundary of any zone, the following rules shall apply: 1. Wherever the zone boundary is indicated as being approximately upon the centerline of a street, alley, or block, or along a property line, then, unless otherwise definitely indicated on the map, the centerline of the street, alley, or block, or such property line, shall be construed to be the boundary of the zone; ---PAGE BREAK--- Millcreek Code Update Zone Districts I 87 2. Whenever the zone boundary is indicated as being approximately at the line of any river, irrigation canal or other waterway railroad right-of-way, public park, other public land, or any section line, then in that case the center of the stream, canal or waterway, railroad right-of-way, or the boundary line of such public land or such section line shall be deemed to be the boundary of the zone; 3. The Land Use Hearing Officer shall interpret the map if the above rules do not clarify the zone boundary location. ---PAGE BREAK--- Millcreek Code Update Agricultural Zone (AG) I 88 18.35 Agricultural Zone (AG) 18.35.010 Purpose The purpose of the Agricultural Zone (AG) is to provide areas in the City for low-density residential development along with limited agricultural uses. 18.35.020 Applicability The Agricultural Zone (AG) is a legacy zone district and shall only be applied to existing properties and areas already included in the Agricultural Zones. No additional parcels, lots or land may be added to the AG Zone District. Development in the Agricultural Zone may be subject to the requirements set forth in MKZ 18.62, Sensitive Lands. 18.35.030 Permitted and Conditional Uses Uses in the Agricultural Zone (AG) are as set forth in Table 18.34-1 Permitted and Conditional Uses in the Agricultural Zone. If a use is not explicitly designated in the table, then the use is prohibited. Certain use prohibitions or use limitations are listed in Table 18.34-1. Such use prohibitions or use limitations apply in addition to the general provision that uses not explicitly designated in the table are prohibited. Table 18.34-1 Permitted and Conditional Uses in the Agricultural Zone Land use Limitations/references P= Permitted C= Conditional Use Review Required Residential Uses Bed and Breakfast C Accessory Dwelling Unit P Limitations set forth in MKZ 18.69, Accessory Dwelling Unit Standards. Dwelling, Single-Household Detached P Home Business P Subject to MKZ 18.76, Special Business Land Use Regulations Home Daycare or Preschool – up to 6 children P Subject to MKZ 18.76, Special Business Land Use Regulations Home Daycare or Preschool – 6 to 12 children C Subject to MKZ 18.76, Special Business Land Use Regulations Residential Facility for Elderly Persons or Person with a Disability P Limitations as set forth in MKZ 18.74, Residential Facilities for Persons with a Disability. ---PAGE BREAK--- Millcreek Code Update Agricultural Zone (AG) I 89 Table 18.34-1 Permitted and Conditional Uses in the Agricultural Zone Land use Limitations/references P= Permitted C= Conditional Use Review Required Short-Term Rental P Provided a valid Millcreek business license has been issued and is in good standing with respect to the property. Further limitations are as set forth in MKC 5.19, Short-Term Rentals Agricultural Uses Commercial Agriculture C Requires a minimum of 1 acre Noncommercial Agriculture P Campground C Requires a minimum of 2 acres Farm Stand P As set forth in MKZ 18.59, Temporary Uses and Structures Greenhouse or Plant Nursery P May include limited retail sales of related products and requires a minimum lot or parcel size of 1 acre Kennel, Indoor or Outdoor C Requires one acre minimum lot or parcel size and requires a valid permit from the Salt Lake County department of animal services. Private Recreation Facilities C Veterinary Clinic P Indoor kennels only Civic and Institutional Uses Public Use P Quasi-Public Use P Religious Assembly P Schools, Public and Private P Miscellaneous Uses Accessory Uses, Accessory Buildings and Structures P As set forth in MKZ 18.60, Accessory Structures Temporary Uses P As set forth in MKZ 18.59, Temporary Uses and Structures 18.35.040 Spatial Requirements Spatial Requirements. The minimum setbacks, maximum height, and lot or parcel size requirements are as set forth in Table 18.34-2 Spatial Requirements for the Agricultural Zone: ---PAGE BREAK--- Millcreek Code Update Agricultural Zone (AG) I 90 Table 18.34-2 Spatial Requirements for the Agricultural Zone Zone Minimum lot area Minimum lot width Minimum Front Setback Minimum Side Setback Minimum Rear Setback Maximum Height AG 10,000 square feet 75’ 30’ 10’ on interior lots or parcels 20’ on a corner lot or parcel 15’ 30’ A. Setback Requirements. The minimum property size, width, setbacks, and maximum property coverage requirements are as determined by Table 18.35-2 Spatial Requirements for the Agricultural Zone. B. Side and Rear Setbacks for Civic and Institutional Uses. Civic and Institutional Uses, require a minimum 20-foot rear and side yard setback when abutting and sharing a property line with a residential use. C. Rear Setback on Sloped Lots or Parcels. 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 twenty 20 percent, up to a maximum of 25 feet. D. Side Yard Setbacks on Lots Fifty Percent Larger Than Minimum Lot or Parcel Width. Lots or parcels with a width at least 50 percent larger than the required minimum lot or parcel width shall measure side yard setbacks as set forth in the following: 1. The combined measurements of the side yard setbacks shall be at least 25 percent of the lot or parcel width. 2. No side setback shall be less than the required minimum side yard setback. 3. The width of the lot or parcel is measured as the diameter of the largest circle that can be inscribed entirely within the lot or parcel excluding any streams, floodplains, wetlands, areas of thirty percent slope or greater, or other natural hazard areas shall be excluded from the circle, as illustrated in Figure 18.34.1. ---PAGE BREAK--- Millcreek Code Update Agricultural Zone (AG) I 91 Figure 18.34.1 Combined Side yard Setback Spatial Requirements Diagram Figure 18.34.2 Spatial Requirements Diagram (letter labels related to Table 18.34-2) 18.35.050 Building Height and Building Envelopes A. Minimum height. All dwelling structures shall be a minimum of one story in height. B. Maximum Height. Maximum building height is as set forth in Table 18.34-3 Building Height and Building Envelope for the Agricultural Zone. ---PAGE BREAK--- Millcreek Code Update Agricultural Zone (AG) I 92 C. 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 and subsequent angle as set forth in Table 18.34-3. The entire building shall fit under this envelope except as described in the projections section below. See figures 18.34.3 and 18.34.4 for building envelope illustrations. D. Lots or parcels located in the AG zone determined by staff to be a Lot or Parcel of Record and are nonconforming due to minimum lot or parcel width and minimum lot or parcel area can qualify to use the sixty degree (60°) Building Envelope Angle and 12-foot Building Envelope Wall Height. Figure 18.34.3 Agricultural Zone Building Envelope Table 18.34-3 Building Height and Building Envelope for the Agricultural Zone AG Building Height Maximum 30’ Building Envelope Wall Height and Angle 30’ Building Envelope Angle 0° ---PAGE BREAK--- Millcreek Code Update Agricultural Zone (AG) I 93 Figure 18.34.4 Sloped Building Envelope Example 18.35.060 Projections Dormers, Gables, and non-habitable architectural elements may project beyond the building height envelope if they meet the following criteria, as illustrated in Figure 18.34.6: A. Dormers 1. The width of the dormer shall not exceed 14 feet; 2. 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 3. The dormer shall be no higher than the ridge of the roof. B. Gables 1. The height of the gable is less than 1.75 times higher than the point where the graduated building height envelope intersects the gable; 2. The height of the gable is less than the maximum building height; and 3. The length of the gable comprises no more than 25 percent of the length of the building façade. ---PAGE BREAK--- Millcreek Code Update Agricultural Zone (AG) I 94 Figure 18.34.6 Dormer and Gable illustration with height envelope exception 18.35.070 Setback Encroachments The following may be erected on, or encroach into the required yard setbacks: A. Fences and walls in conformance with this code. 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 10 feet into the front yard or street side yard setback if they meet the following criteria: 1. Porches and balconies shall remain unenclosed or “open style” (no walls, doors, windows, screens, etc.) except for the minimum required handrail. 2. Porches and balconies shall not encroach into any easements or clear vision site areas. 3. Porches, balconies, stairs, landings, eaves which project into the setbacks, shall not be located nearer than 15 feet from a street property line, or project outside of the building height envelope. F. Other architectural elements which are not used as habitable space. G. 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 ---PAGE BREAK--- Millcreek Code Update Agricultural Zone (AG) I 95 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 H. 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 18.35.080 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. 18.35.090 Neighborhood Compatibility Modification 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 properties/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: A. Evidence. Compliance with the corresponding neighborhood conditions must be established by a survey from the proximate neighborhood, defined as a 200-foot radial distance from the property boundary. Survey submitted must be completed by a surveyor licensed to pracitce in the State of Utah. B. Submittal. NCM requests shall be submitted on a separate form and shall include an additional review fee as set forth in the Millcreek Consolidated Fee Schedule. C. Permissible Modifications. NCM Standards. Building height, setbacks and lot or parcel coverage modifications may be accommodated if the request does not exceed the allowances as set forth in Table 18.34-4 NCM Standards. D. Non-Permissible Modifications. Building envelope, mass and scale, and accessory structure modifications do not qualify under the NCM. Table 18.34-4 NCM Standards Zone Lot or Parcel Coverage Front Setback Side Setback Rear Setback Max Height AG 33’ 36% The average of all lots or parcels within Combined side yard shall be at The average rear yard setback that The maximum building height that may be approved by the Planning Director or designee ---PAGE BREAK--- Millcreek Code Update Agricultural Zone (AG) I 96 Table 18.34-4 NCM Standards Zone Lot or Parcel Coverage Front Setback Side Setback Rear Setback Max Height the proximate neighborhoo d that fronts to the same street, road, or right-of way. least twenty-five percent (25%) of the lot or parcel width, and no less than six feet on each side. are on six lots or parcels of the applicant’s choice within the proximate neighborhood, and no less than 15’ 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 or parcels of the applicant’s choice that are within the proximate neighborhood; and 2. The maximum height of the zone specified in column of Table 18.37.4 NCM Standards. E. Table Notes. 1. Lot or parcel coverage for all lots or parcels may not exceed more than 1.15 times the average coverage of proximate neighborhood lots or parcels. ---PAGE BREAK--- Millcreek Code Update Forestry Recreation Estate Zone (FRE) I 97 18.36 Forestry Recreation Estate Zone (FRE) 18.36.010 Purpose The purpose of the Forestry Recreation Estate Zone (FRE) is to permit the development of the foothill areas of the City for forestry, trails, and residential uses to the extent such development can mitigate the potential natural hazards/sensitive lands, if any, on the lots or parcels in this zone. 18.36.020 Applicability The Forestry Recreation Estate Zone (FRE) is a legacy zone district and shall only be applied to existing properties and areas already included in the Forestry Recreation Estate Zone (FRE). No additional parcels, lots, or land may be added to the FRE Zone District. 18.36.030 Permitted and Conditional Uses Uses in the Forestry Recreation Estate (FRE) Zone are as determined by the Table 18.35-1 Permitted and Conditional Uses in the Forestry Recreation Estate (FRE) Zone. If a use is not explicitly designated in the table, then the use is prohibited. Table 18.35-1 Permitted and Conditional Uses in the Forestry Recreation Estate Zone Land use FRE Limitations/references P= Permitted C= Conditional Use Review Required Residential Uses Dwelling, Accessory P Limitations set forth in MKZ 18.69, Accessory Dwelling Unit Standards. Dwelling, Single Household - Detached P Home Business P Subject to MKZ 18.76, Special Business Land Use Regulations Residential Facility for Elderly Persons or Person with a Disability P Limitations as set forth in MKZ 18.71, Residential Facilities for Persons with a Disability. Short-Term Rental P Provided a valid Millcreek business license has been issued and is in good standing with respect to the property. Further limitations are as set forth in MKC 5.19, Short-Term Rentals Civic and Institutional Uses Public Use C Quasi-Public Use C ---PAGE BREAK--- Millcreek Code Update Forestry Recreation Estate Zone (FRE) I 98 Table 18.35-1 Permitted and Conditional Uses in the Forestry Recreation Estate Zone Land use FRE Limitations/references P= Permitted C= Conditional Use Review Required Religious Assembly P Schools, Public and Private P Miscellaneous Uses Accessory Uses, Accessory Buildings and Structures P As set forth in MKZ 18.60, Accessory Structures Temporary Uses P As set forth in MKZ 18.59, Temporary Uses and Structures 18.36.040 Spatial Requirements A. Spatial Requirements. The minimum setbacks, maximum height, and lot or parcel size requirements are as set forth in Table 18.35-2Spatial Requirements for the Forestry Recreation Estate Zone: Table 18.35-2 Spatial Requirements for the Forestry Recreation Estate Zone Zone Minimum lot or parcel area Minimum lot or parcel width Minimum Front Setback Minimum Side Setbacks Minimum Rear Setbacks Maximum Height Maximum Density FRE 5 acres 300’ 30’ 10’ on interior lots 20’ on corner 30 35’ One Dwelling unit per lot B. Table Notes. 1. Measurement of Lot or Parcel Width. The minimum lot width of any lot shall be measured at a distance of fifty feet from the front lot line. 2. Slope Requirements. All development in the FRE zone shall be subject to the slope protection standards set forth in MKZ 18.62, Sensitive Lands. 18.36.050 Other Considerations It is anticipated that development in the FRE zone will encounter many potential hazards such as: A. Flood zones, avalanche areas, landslides, steep slopes, fault lines, locally significant vegetation, fire risks including the Wildland Urban Interface, soil instability and accessibility issues ---PAGE BREAK--- Millcreek Code Update I 99 B. Construction activity can have an impact on water quality, downslope properties, emergency vehicle service, fire potential, and the health of the local ecosystem. Consequently, construction techniques need to accommodate challenging conditions on lots or parcels in the FRE zone and may require additional studies. Therefore, all development in the FRE zone is subject to MKZ 18.62, Sensitive Lands. 18.36.060 Applicability To Lots or Parcel of Record Applicable to Lots or Parcels of Record. All standards and requirements for development in the FRE zones as set forth in this chapter shall apply to development on lots, parcels, and in subdivisions that were recorded prior to the enactment date of the FR zones in the Salt Lake County ordinances as previously codified. Any such lots or parcels shall record a plat prior to the issuance of any building permit. 18.37 Single-Household Residential (R-1) Zones 18.37.010 Purpose 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. 18.37.020 Applicability 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. Development in the Single-Household Residential Zones may be subject to the requirements set forth in MKZ 18.62, Sensitive Lands. 18.37.030 Permitted Uses and Conditional Uses 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 18.36-1 Permitted and Conditional Uses in the Single-Household Residential (R-1) Zones. If a use is not explicitly designated in the table, then the use is prohibited. Table 18.36-1 Permitted and Conditional Uses in the Single-Household Residential (R-1) Zones Land Use R-1 (All Zones) Limitations / References P= Permitted C= Conditional Use Review Required Residential Uses ---PAGE BREAK--- Millcreek Code Update Single-Household Residential (R-1) Zones I 100 Table 18.36-1 Permitted and Conditional Uses in the Single-Household Residential (R-1) Zones Land Use R-1 (All Zones) Limitations / References P= Permitted C= Conditional Use Review Required Accessory Dwelling Unit P Limitations set forth in MKZ 18.69, Accessory Dwelling Unit Standards. Dwelling, Single Household - Detached P Home Business P Subject to MKZ 18.76, Special Business Land Use Regulations Home Daycare or Preschool – up to 6 children P Subject to MKZ 18.76, Special Business Land Use Regulations Home Daycare or Preschool – 6 to 12 children C Subject to MKZ 18.76, Special Business Land Use Regulations Residential Facilities for Elderly Persons or Persons with a Disability P Limitations as set forth in MKZ 18.84, Residential Facilities for Persons with a Disability Short-Term Rental P Provided a valid Millcreek business license has been issued and is in good standing with respect to the property. Further limitations are as set forth in MKC 5.19, Short-Term Rentals. Non-Residential Uses Noncommercial Agriculture P Cemetery P Civic and Institutional Uses Public Uses P Quasi-Public Use P Religious Assembly P Schools, Public and Private P ---PAGE BREAK--- Millcreek Code Update Single-Household Residential (R-1) Zones I 101 Table 18.36-1 Permitted and Conditional Uses in the Single-Household Residential (R-1) Zones Land Use R-1 (All Zones) Limitations / References P= Permitted C= Conditional Use Review Required Miscellaneous Uses Accessory Uses, Buildings, and Structures P Limitation as set forth in MKZ 18.60, Accessory Structures Temporary Uses P Limitation as set forth in MKZ 18.59, Temporary Uses and Structures 18.37.040 Spatial Requirements A. Setback Measurements. The minimum property size, width, setbacks, and maximum property coverage requirements are as determined by Table 18.36-2 Spatial Requirements for the Single-Household Residential (R-1) Zones, and are as illustrated in Figure 18.36.2. B. Side and Rear Setbacks for Civic and Institutional Uses. Civic and Institutional Uses, require a minimum 30-foot rear and side yard setback when abutting and sharing a property line with a residential use. C. Rear Setback on Sloped Lots or Parcels. 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 percent, up to a maximum of 25 feet. D. Side Yard Setbacks on Lots Fifty Percent Larger Than Minimum Lot or Parcel Width. Lots or parcels with a width at least 50 percent larger than the required minimum lot or parcel width shall measure side yard setbacks as set forth in the following: 1. The combined measurements of the side yard setbacks shall be at least 25 percent of the lot or parcel width. 2. No side setback shall be less than the required minimum side yard setback. 3. The width of the lot or parcel is measured as the diameter of the largest circle that can be inscribed entirely within the lot or parcel excluding any streams, floodplains, wetlands, areas of thirty percent slope or greater, or other natural hazard areas shall be excluded from the circle, as illustrated in Figure 18.36.1. ---PAGE BREAK--- Millcreek Code Update Single-Household Residential (R-1) Zones I 102 Figure 18.36.1 Combined Side yard Setback Spatial Requirements Diagram ---PAGE BREAK--- Millcreek Code Update Single-Household Residential (R-1) Zones I 103 Figure 18.36.2 Spatial Requirements Diagram (letter labels related to Table 18.36-2) ---PAGE BREAK--- Millcreek Code Update Single-Household Residential (R-1) Zones I 104 18.37.050 Building Height and Building Envelopes A. Minimum height. All dwelling structures shall be a minimum of one story in height. B. Maximum Height. Maximum building height is set forth in Table 18.36-3 Building Height and Building Envelope for R-1 Zones. C. 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 and subsequent angle as set forth in Table 18.37.3 and as illustrated in Figures 18.36.3, 18.36.4, 18.36.5, and 18.36.6. The entire building shall fit under this envelope except as described in the projections section below. D. Lots or parcels located in the R-1-8 zone determined by staff to be a Lot or Parcel of Record and are nonconforming due to minimum lot or parcel width and minimum lot or parcel area Table 18.36-2 Spatial Requirements for the Single-Household Residential (R-1) Zones Zone Min. Lot o r Parcel area Min. Lot or Parcel width Min. Front Setback Residential Use Min. Side Setbacks on interior Lots or Parcels Residential Use Min. Side Setbacks on corner Civic/ Institutional and Non- Residential Use Min. Side Setback Min. Rear Setback Max. Lot or Parcel Coverage R-1-3 3,000 sq ft 25’ 20’ 5’ (unless attached to a dwelling on an abutting lot or parcel) 20’ 20’ 15’ 40% R-1-4 4,000 sq ft 25’ 20’ 5’ (unless attached to a dwelling on an abutting lot or parcel) 20’ 20’ 15’ 40% R-1-5 5,000 sq ft 25’ 20’ 5’ (unless attached to a dwelling on an abutting lot or parcel) 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 Code Update Single-Household Residential (R-1) Zones I 105 can qualify to use the 60 degree (60°) Building Envelope Angle and 12-foot Building Envelope Wall Height. Figure 18.36.3 R-1-3, R-1-4, and R-1-5 Building Envelope Figure 18.36.4 R-1-6 Building Envelope Figure 18.36.5 R-1-8, R-1-10, R-1-15, and R-1-21 Building Envelope Table 18.36-3 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 Code Update Single-Household Residential (R-1) Zones I 106 Figure 18.36.6 Sloped Building Envelope Example 18.37.060 Projections Dormers, Gables, and non-habitable architectural elements may project beyond the building height envelope if they meet the following criteria, as illustrated in Figure 18.36.6: A. Dormers 1. The width of the dormer shall not exceed 14 feet; 2. 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 3. The dormer shall be no higher than the ridge of the roof. B. Gables 1. The height of the gable is less than 1.75 times higher than the point where the graduated building height envelope intersects the gable; 2. The height of the gable is less than the maximum building height; and 3. The length of the gable comprises no more than 25 percent of the length of the building façade. ---PAGE BREAK--- Millcreek Code Update Single-Household Residential (R-1) Zones I 107 Figure 18.36.6 Dormer and Gable illustration with height envelope exception 18.37.070 Setback Encroachments The following may be erected on, or encroach into the required yard setbacks: A. Fences and walls in conformance with this code. 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 10 feet into the front yard or street side yard setback if they meet the following criteria: 1. Porches and balconies shall remain unenclosed or “open style” (no walls, doors, windows, screens, etc.) except for the minimum required handrail. 2. Porches and balconies shall not encroach into any easements or clear vision site areas. 3. Porches, balconies, stairs, landings, eaves which project into the setbacks, shall not be located nearer than 15 feet from a street property line, or project outside of the building height envelope. 4. Exception. Covered porches and balconies located in the R-1-3, R-1-4, and R- 1-5 Zones may protrude into the front setback no more than five feet. F. Other architectural elements which are not used as habitable space. G. 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 ---PAGE BREAK--- Millcreek Code Update Single-Household Residential (R-1) Zones I 108 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 H. 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 18.37.080 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. 18.37.090 Neighborhood Compatibility Modification (NCM) 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 properties/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: A. Evidence. Compliance with the corresponding neighborhood conditions must be established by a survey from the proximate neighborhood, defined as a 200-foot radial distance from the property boundary. Survey submitted must be completed by a surveyor licensed to practice in the State of Utah. B. Submittal. NCM requests shall be submitted on a separate form and shall include an additional review fee as set forth in the Millcreek Consolidated Fee Schedule. C. Permissible Modifications. Building height, setbacks and lot or parcel coverage modifications may be accommodated if the request does not exceed the allowances as set forth in Table 18.37-4 NCM Standards. D. Non-Permissible Modifications. Building envelope, mass and scale, and accessory structure modifications do not qualify under the NCM. Table 18.37-4 NCM Standards Zone Lot or Parcel Coverage Front Setback Side Setback Rear Setback Max Height R-1-3 33’ 40% The average of all lots or Combined side yard The average rear yard The maximum building height that may be approved by the Planning Director or designee R-1-4 33’ 40% ---PAGE BREAK--- Millcreek Code Update I 109 Table 18.37-4 NCM Standards Zone Lot or Parcel Coverage Front Setback Side Setback Rear Setback Max Height R-1-5 33’ 40% parcels within the proximate neighborhoo d that fronts to the same street, road, or right-of way. shall be at least twenty-five percent (25%) of the lot or parcel width, and no less than six feet on each side. setback that are on six lots or parcels of the applicant’s choice within the proximate neighborhood, and no less than 15’ under the NCM standards is the lesser of: 3. Three feet plus the average maximum ridge height of residential structures that are on six lots or parcels of the applicant’s choice that are within the proximate neighborhood; and 4. The maximum height of the zone specified in column of Table 18.37.4 NCM Standards. 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% E. Table Notes. 1. Lot or parcel coverage for all lots or parcels may not exceed more than 1.15 times the average coverage of proximate neighborhood lots or parcels. 18.38 Two-Household Residential (R-2) Zones 18.38.010 Purpose The purpose of the Medium Density Residential R-2 Zones is to establish medium density housing opportunities within Millcreek which are consistent with the city's general plan for medium 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. 18.38.020 Applicability This chapter applies to the following residential zones: R-2-6.5, R-2-8, and R-2-10 zones. Development in the Two-Household Residential Zones may be subject to the requirements set forth in MKZ 18.62, Sensitive Lands. 18.38.030 Permitted Uses and Conditional Uses Uses in the Medium Density Residential (R-2) Zones are allowed, either as permitted or conditional, and may include certain limitations as set forth in Table 18.37-1 Permitted and Conditional Uses in Medium Density Residential Zone. If a use is not explicitly designated in the table, then the use is prohibited. ---PAGE BREAK--- Millcreek Code Update Two-Household Residential (R-2) Zones I 110 Table 18.37-1 Permitted and Conditional Uses in Two-Household Residential (R-2) Zones Land use R-2 (All Zones) Limitations/References P = Permitted Use, C = Conditional Use Review Required Residential Uses Dwelling, Single Household - Detached P Dwelling, Two Household P Home Business P Subject to MKZ 18.76, Special Business Land Use Regulations Home Daycare or Preschool – up to 6 children P Subject to MKZ 18.76, Special Business Land Use Regulations Home Daycare or Preschool – 6 to 12 children C Subject to MKZ 18.76, Special Business Land Use Regulations Residential Facilities for Elderly Persons or Persons with a Disability P Limitation as set forth in MKZ 18.84, Residential Facilities for Persons with a Disability Short-Term Rental P Provided a valid Millcreek business license has been issued and is in good standing with respect to the property. Further limitations are as set forth in MKC 5.19, Short Term Rentals. Non-Residential Uses Agriculture C Civic and Institutional Uses Public Use P Quasi-Public Use P Religious Assembly P Schools, Public and Private P Miscellaneous Uses Accessory uses, Buildings and Structures P Limitation as set forth in MKZ 18.60, Accessory Structures Temporary Uses P As set forth in MKZ 18.59, Temporary Uses and Structures ---PAGE BREAK--- Millcreek Code Update Two-Household Residential (R-2) Zones I 111 18.38.040 Spatial Requirements A. Setback Measurements. The minimum property size, width, setbacks, requirements, and maximum property coverage are as set forth in Table 18.37-2 Spatial Requirements for the Medium Density Residential (R-2) Zones, and as illustrated in Figures 18.37.1 and 18.37.2. B. Civic and Institutional. Civic and Institutional Uses, require a minimum 20-foot rear and side yard setback when abutting and sharing a property line with a residential use. C. Side Yard Setbacks between attached units. The side yard setback between units within the same building and shared a common wall, may be reduced to zero feet. D. Rear Setback on Sloped lots or Parcels. 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 that exceeds 20 percent, up to a maximum of 25 feet. E. Side Yard Setbacks on Lots or Parcels Fifty Percent Larger Than Minimum Lot or Parcel Width. Lots or parcels with a width 50 percent or larger than the required minimum lot width shall measure side yard setbacks as set forth in the following: 1. The combined measurements of the side yard setbacks shall be at least 25 percent of the lot or parcel width. 2. No side setback shall be less than the required minimum side yard setback. 3. The width of the lot or parcel is measured as the diameter of the largest circle that can be inscribed entirely within the lot or parcel excluding any streams, floodplains, wetlands, areas of thirty percent slope or greater, or other natural hazard areas shall be excluded from the circle, as illustrated in Figure 18.37.1: ---PAGE BREAK--- Millcreek Code Update Two-Household Residential (R-2) Zones I 112 Figure 18.37.1 Combined Side yard Setback Spatial Requirements Diagram Figure 18.37.2 Spatial Requirements Diagram (letter labels related to Table 18.37.2) ---PAGE BREAK--- Millcreek Code Update Two-Household Residential (R-2) Zones I 113 18.38.050 Building Height and Envelopes A. Minimum height. All dwellings shall be a minimum of one-story in height measured from original ground surface. B. Maximum Height. Maximum building height is as set forth in Table 18.37-3 Building Height and Building Envelope for R-2 Zones. C. 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 and subsequent angle as set forth in Table 18.37-3 and as illustrated in Figures 18.37.3 and 18.37.4. The entire building shall fit under this envelope except as described in the projections section below. Table 18.37-2 Spatial Requirements for the Medium Density Residential (R-2) Zones Zone Minimum Lot or Parcel Area Minimum Lot or Parcel width Minimum Front Setback Residential Use Min. Side Setbacks on interior lots or parcels Residential Use Minimum Side Setbacks on corner Civic / Institutional and Non- Residential Use Minimum Side Setback Minimum Rear Setback Maximum lot or parcel Coverage R-2-6.5 6,500 sq ft (8,000 sq ft for non- residential) 60’ 25’ 8’ 20’ 20’ 15’ 40% R-2-8 8,000 sq ft 65’ 30’ 8’ 20’ 20’ 15’ 38% R-2-10 10,000 square feet 65’ 30’ 8’ 20’ 20’ 15’ 35% ---PAGE BREAK--- Millcreek Code Update Two-Household Residential (R-2) Zones I 114 Figure 18.37.3 Building Envelope (R-2-6.5) Figure 18.37.4 Building Envelope (R-2-8 and R-2-10) 18.38.060 Projections A. Building Height Envelope Projections. Dormers, gables, and non-habitable architectural elements may project beyond the building height envelope if they meet the following criteria, as illustrated in Figure 18.37.5: 1. Dormers: a. The width of the dormer shall not exceed 14 feet; b. 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 c. The dormer shall be no higher than the ridge of the roof. 2. Gables: a. The height of the gable is less than 1.75 times higher than the point where the graduated building height envelope intersects the gable; b. The height of the gable is less than the maximum building height; and c. The length of the gable comprises no more than 25 percent of the length of the building façade. Table 18.37-3 Building Height and Building Envelope for R-2 Zones R-2-6.5 R-2-8 R-2-10 Building Height Maximum 30’ 30’ 30’ Building Envelope Wall Height 12’ 8’ 8’ Building Envelope Angle 60° 45° 45° ---PAGE BREAK--- Millcreek Code Update Two-Household Residential (R-2) Zones I 115 Figure 18.37.5 Dormer and Gable illustration with height envelope exception 18.38.070 Setback Encroachments 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 may project up to 10 feet into the front yard or street side yard setback if they meet the following criteria: 1. Porches or balconies shall remain unenclosed or “open style” (no walls, doors, windows, screened, etc.) except for the minimum required handrail. 2. Porches and balconies shall not encroach into any easements or clear visibility at residential driveways and at street intersections. 3. Porches, balconies, stairs, landings, eaves which project into the setbacks, shall not be located nearer than 15 feet from a street property line, or project outside of the building height envelope. F. Other architectural elements which are not used as habitable space. 1. 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 ---PAGE BREAK--- Millcreek Code Update Two-Household Residential (R-2) Zones I 116 2. 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 18.38.080 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. See figure 18.38.5 for dormer and gable illustrations. 18.38.090 Neighborhood Compatibility Modification (NCM) 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: A. Evidence. Compliance with the corresponding neighborhood conditions must be established by a survey of the proximate neighborhood Survey submitted must be completed by a surveyor licensed to practice in the State of Utah. B. 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. C. Permissible Modifications. Building height, setbacks and lot or parcel coverage modifications may be accommodated if the request does not exceed the allowances as set forth in Table 18.37-4 NCM Standards. D. Non-Permissible Modifications. Building envelope, mass and scale, and accessory structure modifications do not qualify under the NCM. Table 18.37-4 NCM Standards Zone Lot or Parcel Coverage Front Setback Side Setback Rear Setback Max Height R-2- 6.5 33’ 45% The average of all lots or parcels within the proximate Combine d side yard shall The average rear yard The maximum building height that may be approved by the Planning Director or designee under the NCM standards is the ---PAGE BREAK--- Millcreek Code Update I 117 E. Table Notes. 1. Lot or parcel coverage for all lots or parcels may not exceed more than 1.15 times the average coverage of proximate neighborhood lots or parcels. 18.39 Medium Density Residential Zone (R-4) 18.39.010 Purpose The purpose of the Medium Density Residential R-4 Zones is to establish medium density housing opportunities within Millcreek which are consistent with the city's general plan for medium 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. Applicability 18.39.020 Applicability The Medium Density Residential Zone (R-4) is a legacy zoning district and may be applied to existing parcels, lots, and areas already included in the Medium Density Residential Zone (R-4) in Millcreek, but no additional parcels, lots or land may be added to the R-4 zoning District. Development in the Medium Density Residential Zone may be subject to the requirements set forth in MKZ 18.62, Sensitive Lands. Table 18.37-4 NCM Standards Zone Lot or Parcel Coverage Front Setback Side Setback Rear Setback Max Height R-2-8 33’ 43% neighborhood that fronts to the same street, road, or right-of way. be at least twenty- five percent (25%) of the lot or parcel width, and no less than six feet on each side. setback that are on six lots or parcel of the applicant’s choice within the proximate neighborh ood, and no less than 15’ lesser of: 1. Three feet plus the average maximum ridge height of residential structures that are on six lots or parcels of the applicant’s choice that are within the proximate neighborhood; and 2. The max height of the zone specified in column of Table 18.38.4 NCM Standards. R-2-10 35’ 40% ---PAGE BREAK--- Millcreek Code Update Medium Density Residential Zone (R-4) I 118 18.39.030 Permitted Uses and Conditional Uses Uses in the Medium Density Residential (R-4) Zones are allowed, either as permitted or conditional, and may include certain limitations as set forth in Table 18.38-1 Permitted and Conditional Uses in Medium Density Residential Zone. If a use is not explicitly designated in the table, then the use is prohibited. Use prohibitions or use limitations listed in Table 18.38-1 apply in addition to the general provision that uses not explicitly designated in the table are prohibited. Table 18.38-1 Permitted and Conditional Uses in Medium Density Residential (R-4) Zones Land use R-4 Limitations/References P = Permitted Use, C = Conditional Use Review Required Residential Uses Dwelling, Single- Household - Detached P Dwelling, Two household P Dwelling, Three or Four- Household P Home Business P Subject to MKZ 18.76, Special Business Land Use Regulations Home Daycare or Preschool – Up to 6 children P Subject to MKZ 18.76, Special Business Land Use Regulations Home Daycare or Preschool – 6 to 12 children C Subject to MKZ 18.76, Special Business Land Use Regulations Mobile Home and Tiny Home Park C Subject to MKZ 18.40.030 through 18.40.080 Mobile Home and Tiny Home P Only allowed as part of a Mobile Home or Tiny Home Park Nursing Home or Assisted Living C Residential Facilities for Elderly Persons or Persons with a Disability P Limitation as set forth in MKZ 18.74, Residential Facilities for Persons with a Disability Short-term rental P Provided a valid Millcreek business license has been issued and is in good standing with respect to the ---PAGE BREAK--- Millcreek Code Update Medium Density Residential Zone (R-4) I 119 18.39.040 Spatial Requirements A. Setback Measurements. The minimum property size, width, setbacks, and maximum property coverage requirements are as determined by Table 18.38-2 Spatial Requirements for the Medium Density Residential (R-4) Zone, and illustrated in Figure 18.38-1. B. Side and Rear Setbacks for Civic and Institutional Uses. 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. C. Side Yard Setbacks between attached units. The side yard setback between units within the same building and shared a common wall, may be reduced to zero feet. Table 18.38-1 Permitted and Conditional Uses in Medium Density Residential (R-4) Zones Land use R-4 Limitations/References P = Permitted Use, C = Conditional Use Review Required property. Further limitations are as set forth in MKC 5.19, Short Term Rentals. Non-Residential Uses Agriculture P Commercial Daycare or Preschool C Subject to MKZ 18.76, Special Business Land Use Regulations Medical or Dental Clinic C Greenhouse or Plant Nursery P Excludes retail sales Civic and Institutional Uses Public Use P Quasi-Public Use P Religious Assembly P Schools, Public and Private P Miscellaneous Uses Accessory uses, Buildings and Structures P Limitation as set forth in MKZ 18.60, Accessory Structures Temporary Uses P As set forth in MKZ 18.59, Temporary Uses and Structures ---PAGE BREAK--- Millcreek Code Update Medium Density Residential Zone (R-4) I 120 Table 18.38-2 Spatial Regulations for the Medium Density Residential (R-4) Zone Single- Household Dwellings Two - Household Dwellings Three-Household Dwellings Four- Household Dwellings Civic/Instituti onal and Non- Residential Uses Minimum Lot Area 6,000 sf per dwelling 6,500 sf per dwelling 7,500 sq ft per unit, except affordable units and individually owned units require 6,500 sq ft per unit 8,500 sq ft per unit, except affordable units and individually owned units require 6,500 sq ft per unit 20,000 sf Minimum Lot or Parcel Width 60’ 60’ 60’ 60’ 60’ Minimum Front Yard Setback 25 feet 25 feet 25 feet 25 feet 25 feet Minimum Interior Side Yard Setback 8 feet 8 feet 8 feet 8 feet 20 feet Minimum Corner Side Yard Setback 20 feet 20 feet 20 feet 20 feet 20 feet Minimum Rear Yard Setback 20 feet 20 feet 20 feet 20 feet 20 feet Maximum Lot or Parcel Coverage 40 percent 40 percent 40 percent 40 percent 40 percent ---PAGE BREAK--- Millcreek Code Update Medium Density Residential Zone (R-4) I 121 Figure 18.38.1 Spatial Requirements Diagram (letter labels related to Table 18.38-2) 18.39.050 Building Height and Envelopes A. Minimum Height. All dwellings shall be a minimum of one-story in height measured from original ground surface. B. Maximum Height. Maximum building height is as set forth in Table 18.38-3 Building Height and Building Envelope for the R-4 Zone. C. 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 and subsequent angle as set forth in Table 18.37-3. The entire building shall fit under this envelope except as described in the projections section below, and as illustrated in Figure 18.38.2. ---PAGE BREAK--- Millcreek Code Update Medium Density Residential Zone (R-4) I 122 Figure 18.38.2 Building Envelope 18.39.060 Projections Building Height Envelope Projections. Dormers, gables, and non-habitable architectural elements may project beyond the building height envelope if they meet the following criteria, as illustrated in Figure 18.38.3: A. Dormers: 1. The width of the dormer shall not exceed 14 feet; 2. 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 3. The dormer shall be no higher than the ridge of the roof. B. Gables: 1. The height of the gable is less than 1.75 times higher than the point where the graduated building height envelope intersects the gable; 2. The height of the gable is less than the maximum building height; and 3. The length of the gable comprises no more than 25 percent of the length of the building façade. Table 18.38-3 Building Height and Building Envelope for R-4 Zones R-4 Building Height Maximum 30’ Building Envelope Wall Height 12’ Building Envelope Angle 60° ---PAGE BREAK--- Millcreek Code Update Medium Density Residential Zone (R-4) I 123 Figure 18.38.3 Dormer and Gable illustration with height envelope exception 18.39.070 Setback Encroachments 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 may project up to 10 feet into the front yard or street side yard setback if they meet the following criteria: 1. Porches or balconies shall remain unenclosed or “open style” (no walls, doors, windows, screened, etc.) except for the minimum required handrail. 2. Porches and balconies shall not encroach into any easements or clear visibility at residential driveways and at street intersections. 3. Porches, balconies, stairs, landings, eaves which project into the setbacks, shall not be located nearer than fifteen feet (15’) from a street property line, or project outside of the building height envelope. F. Other architectural elements which are not used as habitable space. 1. Cornices, eaves, sills, planter boxes, stairways, landings, awnings, window wells, or similar architectural features attached to the building and not enclosed by ---PAGE BREAK--- Millcreek Code Update Residential Mixed Zone (RM) I 124 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 2. 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 18.39.080 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. 18.40 Residential Mixed Zone (RM) 18.40.010 Purpose The purpose of the Residential Mixed (RM) Zone is primarily a residential zone intended to be a transitional zone between low density residential neighborhoods and commercial uses. It primarily accommodates medium to high density residential development/complexes including single-household dwellings, duplexes, three and four household dwellings, multiple household dwellings, and mixed use where a limited list of non-residential uses are allowed. Mixed use developments are required for properties near certain intersections as set forth in this chapter. 18.40.020 Applicability This chapter applies to development in the Residential Mixed Zone. Development in the Residential Mixed Zone may also be subject to the requirements set forth in MKZ 18.62, Sensitive Lands. 18.40.030 Permitted Uses and Conditional Uses Uses in the Residential Mix (RM) Zone are as set forth in Table 18.39-1, Permitted and Conditional Uses in the Residential Mixed (RM) Zone. If a use is not explicitly designated in the table, then the use is prohibited. Certain use prohibitions or use limitations are listed in Table 18.40-1. Such use prohibitions or use limitations apply in addition to the general provision that uses not explicitly designated in the table are prohibited. ---PAGE BREAK--- Millcreek Code Update Residential Mixed Zone (RM) I 125 Table 18.39-1 Permitted and Conditional Uses in the Residential Mix (RM) Zone Land Use RM Limitations / References P= Permitted, C= Conditional Use Review Required Residential Uses Dwelling, Single-Household P Dwelling, Two-Household P Dwellings, Three- or Four- Household P Dwellings, Multiple-Household up to 32’ building height and up to 6 units P Mixed-use shall be required for developments located within 500’ of specified intersections. See additional standards below. Dwellings, Multiple-Household over 32’ building height and more than 6 units C Mixed-use shall be required for developments located within 500’ of specified intersections. At least three units shall have primary façade and primary entrance facing the street in developments with more than six units Affordable Housing P Subject to MKZ 18.78, Affordable Housing Incentives Home Business P Subject to MKZ 18.76, Special Business Land Use Regulations Home Daycare or Preschool – up to 6 children P Subject to MKZ 18.76, Special Business Land Use Regulations Home Daycare or Preschool – 6 to 12 children C Subject to MKZ 18.76, Special Business Land Use Regulations Live/Work Unit P Only permitted in association with mixed use set forth in the development standards as set forth in MKZ 18.39.110. Residential Facilities for Elderly Persons or Persons with a Disability P Limitations as set forth in MKZ 18.74, Residential Facilities for Persons with a Disability Nursing Home or Assisted Living C Short-Term Rental P Provided a valid Millcreek business license has been issued and is in good standing with respect to the property. Further limitations are as set forth in MKC 5.19, Short Term Rentals. ---PAGE BREAK--- Millcreek Code Update Residential Mixed Zone (RM) I 126 Table 18.39-1 Permitted and Conditional Uses in the Residential Mix (RM) Zone Land Use RM Limitations / References P= Permitted, C= Conditional Use Review Required Commercial Uses Depository Financial Institution C Allowed only within mixed use. Drive-up Windows are prohibited. Mixed Use C Commercial Daycare or Preschool C Allowed within mixed use Gym / Fitness Studio C Allowed within mixed-use. Medical or Dental Clinic C Allowed within mixed use. Office C Allowed within mixed use. Personal Service C Allowed within mixed-use. Eating or Drinking Establishments, Dine-In C Allowed within mixed-use. Drive-up Windows are prohibited. Neighborhood Retail or General Retail C Allowed only within mixed-use. Civic and Institutional Uses Public Use C Quasi-Public Use C Religious Assembly P Schools, Public and Private P Miscellaneous Uses Accessory Uses, Buildings and Structures P As set forth in MKZ 18.60, Accessory Structures Temporary Uses P As set forth in MKZ 18.59, Temporary Uses and Structures 18.40.040 Spatial Requirements A. The minimum setbacks, maximum height and lot size requirements are as set forth in Table 18.39-2 Spatial Regulations for the Residential Mix (RM) Zone, and are illustrated in Figures 18.39-1 and 18.39-2. ---PAGE BREAK--- Millcreek Code Update Residential Mixed Zone (RM) I 127 B. Setbacks. Where fifty (50) percent or more of the abutting lot frontage is occupied by a building façade, the front yard setback shall not be less than the average of existing buildings located within three hundred (300) feet on the same side of the street, as measured in both directions from the center point of the frontage to be developed, but a front setback shall never be less than fifteen (15) feet. Figure 18.39.1 Spatial Regulations Diagram Table 18.39-2 Spatial Regulations for the Residential Mixed (RM) Zone Single- Household Dwellings Two, Three, and Four- Household Dwellings Multiple-household Dwellings– Five or more dwellings in a building Other Permitted Principal Uses Principal Buildings Minimum Lot or Parcel Area 6,000 sf per dwelling 3,000 sf per dwelling 2,000 sq ft per unit, except affordable units and individually owned units require 1,500 sq ft per unit 20,000 sf Minimum Lot or Parcel Width 60 feet None None None Maximum Building Height 30 feet 32 feet 45 feet 2 45 feet 2 ---PAGE BREAK--- Millcreek Code Update Residential Mixed Zone (RM) I 128 Table 18.39-2 Spatial Regulations for the Residential Mixed (RM) Zone Single- Household Dwellings Two, Three, and Four- Household Dwellings Multiple-household Dwellings– Five or more dwellings in a building Other Permitted Principal Uses Maximum Lot or Parcel Coverage 35% 40% 50% 50% Maximum Building Length None None 150 feet 150 feet Minimum Front Yard Setback 20 feet 20 feet 20 feet 20 feet Minimum Interior Side Yard Setback 8 feet 10 feet 10 feet 10 feet Minimum Interior Side Yard Setback, where abutting R-1, R-2, R-4, or AG Zones 8 feet 10 feet 25 feet 25 feet Minimum Corner Side Yard Setback 20 feet 20 feet 20 feet 20 feet Minimum Rear Yard Setback 10 feet 10 feet 20 feet 20 feet Minimum Distance Between Residential Buildings 5 feet 5 feet 10 feet 10 feet C. Table 18.39-2 Notes: 1. Additional Requirements for Single-Household Dwellings. Single-Household dwellings are subject to the building envelope requirements for the R-1-6 zone as set forth in MKZ 18.27.040 and MKZ18.27.050. 2. Height Transition Requirements. Buildings or structures within 100 feet of a Residential Zone Boundary shall not exceed 30 feet, excluding Height ---PAGE BREAK--- Millcreek Code Update Residential Mixed Zone (RM) I 129 Projection Allowances identified in MKZ 18.72.040. the maximum increase in height for allowable height projections is 14 feet. Figure 18.39.2 Maximum Building Height Diagram 18.40.050 Site Design Standards Developments with more than two dwelling units within the RM Zone must meet the following site layout requirements: A. Street Frontage. Development along any right-of-way must face the street and buildings must be oriented parallel to the right-of-way as much as practical. B. Building Entrances and ground level living space. 1. Functional residential entrances are required on any street-facing façade. 2. First floor entrances shall be oriented to common areas using the following hierarchy: a. Street b. Courtyard or common open space c. Auto courts / alley 3. First floor entrances shall include a porch of at least 100 square feet and a fence, wall or hedge no taller than four feet Such areas are included in the open space requirement. 4. Dwelling units shall have a minimum ground level living space of at least 150 square feet with a minimum width of 10 feet, as illustrated in Figure 18.39.3. Garages, utility / laundry rooms, hallways, bathrooms, and workshops do not count as living space for this purpose. ---PAGE BREAK--- Millcreek Code Update Residential Mixed Zone (RM) I 130 Figure 18.39.3 Ground Level Living Space Diagram C. Multiple Building Types. When a development consists of multiple building types, each building in the development must comply with maximum building height and building length requirements for the building type, as well as the following requirements: 1. Maximum lot coverage: Maximum lot coverage shall not exceed 50 percent. 2. Interior Side Yard Setbacks: Minimum interior side yard setbacks shall follow the requirements for multi-household dwellings with five or more units in a building. 3. Setbacks between buildings: Where two building types abut each other in a development, the setbacks between the buildings shall follow the requirements for multi-household dwellings with five or more dwellings in a building. 4. Minimum Lot area Per Unit: The minimum lot area for a development with multiple building types shall be the sum of the lot area required for each building type times the number of units of that building type. In no case shall the total area required be less than 2,000 square feet per unit, regardless of building type. D. Interior Streets and Driveways. The design of public and private streets within a development shall follow Millcreek standards for road widths as established by the Millcreek Transportation Master Plan and the development standards identified in MKZ Title 14. 1. The City shall be granted a utility easement for the entire interior street system in a development project. 2. Where garages face each other, a minimum of 25 square feet of landscaping shall be required at the sides of each driveway, or between each dwelling unit. ---PAGE BREAK--- Millcreek Code Update Residential Mixed Zone (RM) I 131 E. Sidewalks. As required elements of a development, interior sidewalks shall be at least five feet wide installed to serve the development and connect to the public street and shall comply with the Standard Plans for Public Works Construction. F. Parking and Vehicular Access. Parking for developments in the RM zone shall follow the requirements of MKZ 18.64, Parking and Mobility Standards. Additionally, developments shall comply with the following requirements: 1. Parking required for each residential dwelling unit must be in a structure, a podium, a private garage, or a carport. Carports shall be either be located to the back of the building or screened as set forth in MKZ 18.64, Landscape Standards. 2. Parking Location. For residential and mixed-use developments with eight or more dwelling units, parking is not allowed between any building façade and the property line along a right-of-way. Such parking shall not encroach on the side or front setbacks. Parking may not encroach into a side or rear yard setback, abutting a property that is located in an R-1, R-2, R-4, or AG zone. 3. Private Garage Requirements. If a private garage is utilized, it must meet the following standards: a. Two parking space garages require a minimum unobstructed size of 22 feet wide by 20 feet in length, or 20 feet wide by 22 feet in length. b. Single parking space garages require a minimum unobstructed size of 10 feet wide by 22 feet in length, or 11 feet wide by 20 feet in length. c. All private garages must have a minimum unobstructed height of seven feet for the entire required length and width of the private garage, except for interior staircases. d. Garage doors shall use complementary colors and include windows. e. Private garage doors and private garages shall not be the only means of access to a dwelling. 4. Vehicular Access to Private Garages. a. Vehicle access serving a private garage shall be at least 26 feet in width. b. Where such drives serve units with opposing garages, where garages face each other, a minimum of 25 square feet of landscaping shall be required at the edges of each driveway, between each dwelling unit. c. Developments with 25 feet or more units and lot or parcel widths of one 150 feet shall provide a driveway for each garage with a minimum width of 12 feet and minimum unobstructed depth of 20 feet. 5. Tandem Spaces in Podiums and Structures. Tandem spaces in conjunction with garages may be allowed only for residential uses with a minimum size ---PAGE BREAK--- Millcreek Code Update Residential Mixed Zone (RM) I 132 requirement of 20 feet in length and 10 feet in width per parking space, up to a maximum of two contiguous spaces for unit. 6. Vehicular Entry Gates Prohibited. Vehicular entry gates are prohibited as part of any multi-household development 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. 7. Parking is prohibited within required fire access and turnaround facilities. 8. Tandem parking or parking in a private garage or driveway shall not be included in any required guest parking calculation. 9. Additional standards for Three-Household and Four-Household Buildings: a. Private or Shared Driveways. No more than two units may share a driveway. b. No driveway or combined driveway with the abutting unit shall exceed 24 feet in width unless such driveways are separated by a minimum five feet wide irrigated planter that includes at least one shrub and one medium size tree. c. Driveways located on a street with a right-of-way greater than or equal to 66 feet shall prohibit backing out onto the public street. G. Open Space. Common and private open space shall be provided for residential uses in the amount of at least 30 percent of the gross site area of the building or development in the RM zone. 1. For purposes of this section, gross site area means the total area of the development excluding anything in the public right of way. 2. 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 in a right-of-way, driveways, or alleys and shall be accessible by all residents of the development. 3. The area of a building erected in the RM zone for the principal purpose of providing an amenity or required interior common amenity spaces may be included as open space. 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. 4. Individual unit private outdoor open space shall be counted toward the total open space requirement. 5. Common open space also includes formal picnic areas, and recreational areas. Common open space may be distributed throughout the development and need not be in a single large area. ---PAGE BREAK--- Millcreek Code Update Residential Mixed Zone (RM) I 133 6. Open space amenities and gathering places shall reflect the market that the development is attempting to attract. H. Fencing. Fencing for developments in the R-M zone shall follow the requirements of MKZ 18.66, Fences and Walls. In addition, perimeter fencing shall be installed by the developer between incompatible uses and/or incompatible zones, as set forth in MKZ 18.64, Landscape Standards. I. Garbage and Recycling. The development shall be designed to accommodate and efficiently manage the collection, storage, and removal of garbage to minimize detrimental effects of the collection, storage, and removal on any residence within the development and abutting neighborhoods. 1. Collection of garbage and recycling for four-household dwellings and multiple-household dwellings must occur on the property, and not on a public right-of-way. 2. Dumpster enclosure structure shall not be located nearer than 10 feet to any perimeter property line and shall not be located in between the primary structure(s) and the right-of-way. 3. Dumpster and recycling enclosure structures must have a minimum of four sides, including an opaque gate on one side, that emulate the materials, design, and quality of the overall development. All developments shall provide recycling services. Enclosures and gates must be a minimum of six feet in height and must completely screen the contents within from view. J. Mechanical Equipment and Utilities. 1. All mechanical equipment such as HVAC systems shall be screened from view from the ground-level vantage point along an abutting street or private vehicular access as set forth in Buffer C of MKZ 18.64, Landscape Standards. 2. Utility equipment shall be screened from view as set forth in Buffer C of MKZ 18.64, Landscape Standards. K. Privacy. Each residential or mixed-use building in the RM zone shall provide adequate visual and acoustical privacy for dwelling units. 1. Fences, walks, barriers, landscaping, and sound reducing construction techniques with a maximum transmission of 55 decibels in the walls and ceilings shall be used to enhance the privacy of its occupants, the screening of objectionable views or uses, and the reduction of noise. 2. Where balconies or patios are provided for residential buildings, balconies or patio shall have a 50% opaque fence or screen that is at least three feet tall. L. Rooftop Gardens and Rooftop Patios. For any development abutting a Residential Zone Boundary, rooftop gardens or rooftop patios are prohibited within 100 feet of a Residential Zone Boundary, unless the rooftop garden, patio or amenity space is not located above the ---PAGE BREAK--- Millcreek Code Update Residential Mixed Zone (RM) I 134 highest occupied floor of a building in the RM zone or is obstructed from view from the zone boundary by at least twenty (20) feet of occupied floor space, as illustrated in Figure 18.39.4. Figure 18.39.4 Rooftop Patio Diagram M. Outdoor Lighting. Outdoor lighting shall comply with the standards set forth in MKZ 18.68, Outdoor Lighting, and the following additional standards: 1. Interior Street and Parking Lot Lighting. Street and pedestrian lighting for streets on the interior of the development is required. The fixture height shall not exceed 25 feet, and no poles shall be located within 10 feet of any property line. 2. Yard Lights. An energy efficient LED street-oriented yard light shall be required per street facing façade where public street lighting is inadequate per the following: a. Maximum height of eight feet b. Minimum lighting capacity of 0.2-foot candles and/or 500 lumens. c. Yard lights shall be located within five feet of the public right of way. 18.40.060 Building Materials and Massing Design Standards A. Building Massing and Façade Articulation. Buildings with brick or stone comprising 80 percent of all facades, excluding windows and doors, shall be designed to have at least two of the following massing or façade design elements, as illustrated in Figure 18.39.5. All other ---PAGE BREAK--- Millcreek Code Update Residential Mixed Zone (RM) I 135 buildings in the RM zone shall be designed to have at least four of the following massing or façade design elements. 1. Visual breaks along the street-facing façade such as horizontal articulation in the plane of the façade by at least two feet 2. Changes in height at the top of the building by at least 10 feet for every 30 feet of façade length 3. Changes in materials, color, texture, or pattern for greater than 50 percent of the building façade 4. Indentations or recesses at least five feet in depth along the street facing facades at 50-foot intervals 5. Usable terraces of at least 10 feet in depth along the street facing facades, unless required as a stepback. Usable terraces must provide either private or common leisure space 6. 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 7. Step backs of at least 10 feet where not otherwise required on facades facing streets with a 66-foot right-of-way or greater Figure 18.39.5 Building Massing and Façade Articulation Diagram B. Building Massing and Façade Variation for Developments Containing Multiple Buildings. 1. No more than two abutting buildings or buildings within 300 feet of the development shall exhibit the same or substantially the same architectural design for street facing façades. ---PAGE BREAK--- Millcreek Code Update Residential Mixed Zone (RM) I 136 2. All buildings in the development shall provide variation in all façades, including but not limited to, the use of materials and relief, to avoid monotonous design. For purposes of this section relief means: foundation jogs over two feet, bay or box windows, cantilevered living areas, recessed garages, pitched roofs versus flat, building length reduced by at least 20%, rooftop terraces where none exist at other locations, functional street facing balconies where none exist at other locations, and/or usable front porches of at least six feet in depth that extend across 40 percent or more of the front façade. 3. At least three units for every 150 feet have the primary entry along the primary street facing facade. 4. Developments with five or more residential dwelling units must meet one of the following additional standards if structures are greater than 30 feet in height: a. A 10-foot stepback is utilized between the first or second stories and third story on the façade of any building over 30 feet in height. The step back must be present on any façade that faces any street, property frontage, and Residential Zone Boundary. b. The building over 30 feet in height incorporates brick or stone on at least 80 percent of all facades, excluding windows and doors. Brick or stone facades supersede the varying materials requirements for upper floors. 18.40.070 Windows. Windows or doors shall comprise at least 25 percent of each story of any street-facing façade. Buildings on streets with a right-of-way width of 80 feet or greater the street facing façade windows shall be increased to 30 percent. 18.40.080 Building Materials A. Except for single-household dwellings and two household dwellings, exterior materials of a durable, resilient nature shall be used such as brick, stone, stucco, prefinished panel, composite materials, or other materials of similar quality, hardiness, and low maintenance characteristics, as depicted in Figure 18.39.6. Identification of materials are required as part of a complete application submittal. If the City staff questions the proposed materials based on the specified materials in this ordinance, a materials board may be required providing samples of the proposed materials. Materials must meet the following requirements: ---PAGE BREAK--- Millcreek Code Update Residential Mixed Zone (RM) I 137 Figure 18.39.6 Building Materials Diagram 1. Except for brick or stone, no single material is allowed to exceed 50 percent on any street-facing facade, excluding windows. 2. Other materials may be considered for soffits, gables, or as an accent or architectural feature. 3. Twenty-five-year guarantee, architectural shingles and/or other longer lasting roof materials are required. 4. Stucco, EIFS, architecturally finished concrete, or metal siding shall comprise no more than twenty percent (20%) of any façade visible from a street or from an abutting property that is located in an R-1, R-2, R-4, or AG zone. 5. A change of materials is required between the ground story and upper stories. B. Renewable Energy Incentive. Projects with solar power arrays, windmills/turbines, or functional geothermal systems, suitable to generate 50 percent or more of the development’s electrical demand shall be permitted an additional five feet in height and not required to be screened from view. Solar carport rooftops are encouraged. Wind power generators shall have a setback from any property line equal to their height and not exceed a sound level of 60 dB as measured from a point on the ground at least 30 feet from the wind power generator. 18.40.090 Required Features A. Storage. Each residential dwelling unit for developments with three or more dwelling units shall be required to contain interior storage equal to 100 cubic feet. B. Washer and Dryer Connections. All multi-household residential developments shall include either washer and dryer connections for each dwelling unit or an on-site laundry. C. Balconies or Patios. All residential units shall have a private outdoor space as set forth in the following standards: 1. Developments with up to four dwelling units: Each residential unit shall have a private balcony and/or patio with a minimum of 60 square feet with a minimum five foot depth. 2. Developments with five or more dwelling units: Each residential unit shall have a private outdoor balcony and/or patio. Balconies must be a minimum of 60 square feet. Patios must be a minimum of 100 aquare feet with a minimum five foot depth. ---PAGE BREAK--- Millcreek Code Update Residential Mixed Zone (RM) I 138 D. Management. Twenty-four hour on-site management is required for all residential developments consisting of more than 50 dwelling units. 18.40.100 Design Standards for Non-Residential Buildings Design standards for non- residential buildings in the RM zone shall follow the design requirements found in MKZ 18.45.090, Commercial Zone. 18.40.110 Design Standards for Mixed-Use Buildings Design standards for mixed-use buildings in the RM zone containing residential uses shall follow the design requirements found in MKZ 18.45.090, Commercial Zone. 18.40.120 Recreational Amenities A. For residential developments with eight or more dwelling units, recreational amenities are required per Table 18.40-3 Required Number of Recreational Amenities. Table 18.39-3 Required Number of Recreational Amenities Total Number of Bedrooms Total Number of Recreational Amenities 8-50 1 51-150 2 151-225 3 226-300 4 301-400 5 401-500 6 501+ 7 plus 1 additional amenity for each 100 bedrooms above 600. B. Recreational Amenities may include the following, subject to the following criteria: 1. Sport Courts: a. Large sport courts such as basketball, tennis, volleyball or similar shall be regulation size and each court may count as one amenity up to a limit of three b. Small sport courts such as pickleball, handball shuffleboard, horseshoes or similar may count as one amenity for every three courts up to six courts totaling two amenities. 2. Swimming Pools, Hot Tubs, Saunas: ---PAGE BREAK--- Millcreek Code Update Residential Mixed Zone (RM) I 139 a. One thousand (1,000) square feet of pool surface area plus a cooling deck with a minimum width of 10 feet in all areas may count as one recreational amenity. b. Twenty five hundred (2,500) square feet of pool surface area plus a cooling deck with a minimum width of 20 feet in all areas may count as two recreational amenities. c. Five thousand (5,000) square feet of pool surface area plus a cooling deck with a minimum width of 20 feet in all areas may count as three recreational amenities. d. A hot tub or sauna area with a minimum eight person capacity may count as one recreational amenity. 3. Picnic Area. A picnic area may be considered as one recreational amenity, up to a limit of two should it meet all the following criteria: a. The seating area is covered by a pavilion, gazebo, pergola, or similar shelter covering a minimum of 500 square feet; b. Tables with seating and /or benches for a minimum of 15 persons; c. At least one fixed cooking grill is provided; and d. A least one trash receptacle is provided. 4. Dog Park. A dog park may be considered as a recreational amenity if it meets all the following criteria: a. The dog park enclosure is 3,000 square feet minimum; b. The enclosure is fenced by a minimum five foot tall fence meeting the requirements of MKZ 18.66, Fences and Retaining Walls; c. No point of the enclosure may be less than 30 feet in width; d. The enclosure shall include a minimum of one dog waste station which shall include a bag dispenser and waste receptacle to be installed along the perimeter of the enclosure for every 3,000 square feet of the associated dog park; and e. One 25-square-foot animal washing bay with associated plumbing shall be provided in conjunction with the dog park. 5. Community /Amenity Centers may be considered as a recreational amenity should it meet all the following criteria: a. Gym, fitness center and/or weight room may count as one recreational amenity if it is a minimum of 750 square feet and appropriately equipped for fitness activities. b. A game room that is a minimum of 750 square feet and includes at least three dedicating game spaces for activities such as table ---PAGE BREAK--- Millcreek Code Update Residential Mixed Zone (RM) I 140 tennis, billiards, air hockey, or similar may count as one recreational amenity. c. A business center, workshare space, teleconferencing spaces that total a minimum of 500 square feet may count as one recreational amenity. A maximum of one business center may be utilized as an amenity. d. A lounge, movie theatre, or party or similar gathering room that is a minimum of 750 square feet may count as one recreational amenity. 6. Lawn or gathering area for non-organized sports may be considered one recreational amenity as set forth in the following criteria: a. The lawn or gathering area is a minimum of 5,000 square feet and at least 60 feet wide in all areas. b. Landscaping must be installed in a manner that preserves the openness of the area for such activities. c. The lawn or gathering area is not located within drainage storage areas. d. No more than one recreational amenity may be awarded for a lawn or gathering area on a given project. 7. Trails may be considered as recreational amenities as set forth in the following criteria: a. Trails 1,000 feet to 2,500 feet in length may count as one recreational amenity. b. Trails over 2,500 feet in length may count as two recreational amenities. c. No more than two amenities may be awarded for trails on a given project. d. Six-foot minimum width shall be maintained for the entirety of the trail. e. The trail shall feature demarcated lanes for non-motorized use such as bicycling, walking, skating, or jogging. f. The trail may or may not be paved but shall be constructed of a dust- free surface. 8. Playgrounds may be considered as recreational amenities as set forth in the following criteria: a. Active recreational area that is a minimum of 2,500 square feet may count as one recreational amenity. ---PAGE BREAK--- Millcreek Code Update I 141 b. No more than two recreational amenities may be awarded for playgrounds on a given project. c. Playgrounds shall feature a variety of facilities, including equipment for younger children. d. When abutting any parking lot, street, or other hazardous place the playground must be fenced with an open-style fence, subject to the standards as set forth in MKZ 18.66, Fences and Retaining Walls . 9. Recreational Amenities not listed may be considered by the Planning Director at the time of site plan submittal. In order to approve of such alternate amenities, the applicant must demonstrate all of the following criteria is met by the proposed amenity: a. The amenity serves a clear recreational function and serves as a clear enhancement to the quality of life for the residents of the development. b. The proposed amenity is of similar or better standards to the amenities provided in this section. c. The amenity is of a permanent nature. d. The proposed amenity will not be of nuisance to residents or neighboring properties. 18.41 Mobile Home/Tiny Home (MH/TH) Zone 18.41.010 Purpose The purpose of the Mobile Home / Tiny Home (MH/TH) Zone is to provide appropriate areas for development of mobile home parks, mobile home subdivisions, and tiny home subdivisions to increase affordable housing options within the City. Development in the Mobile Home/Tiny Home Zone may be subject to the requirements set forth in MKZ 18.62, Sensitive Lands. 18.41.020 Applicability This chapter applies to development and uses in the MH/TH Zone. Development in the MH/TH Zone may also be subject to the requirements set forth in MKZ 18.62, Sensitive Lands. 18.41.030 Permitted Uses and Conditional Uses Uses in the Mobile Home / Tiny Home (MH/TH) Zone are as determined by the Table 18.40-1 Permitted and Conditional Uses in the Mobile Home / Tiny Home (MH/TH) Zone. If a use is not explicitly designated in the table, then the use is prohibited. ---PAGE BREAK--- Millcreek Code Update Mobile Home/Tiny Home (MH/TH) Zone I 142 Table 18.40-1 Permitted and Conditional Uses in the Mobile Home / Tiny Home Zone Land use MH/TH Limitations/references P= Permitted, C= Conditional Use Review Required Residential Uses Mobile Homes and Tiny Home P Only allowed as part of a mobile home park, mobile home subdivision, a Tiny Home Park, or a Tiny Home subdivision Mobile Home and Tiny Home Park C Home Business P Subject to MKZ 18.76, Special Business Land Use Regulations Home Daycare or Preschool – up to 6 children P Subject to MKZ 18.76, Special Business Land Use Regulations Home Daycare or Preschool – 6 to 12 children C Subject to MKZ 18.76, Special Business Land Use Regulations Residential Facilities for Elderly Persons or Persons with a Disability P Limitations as set forth in MKZ 18.84, Residential Facilities for Persons with a Disability. Civic and Institutional Uses Public Use P Quasi-Public Use P Schools, Public and Private P Religious Assembly P Miscellaneous Uses Temporary Uses P As set forth in MKZ 18.59, Temporary Uses and Structures 18.41.040 Spatial Requirements The minimum setbacks, maximum height and lot size requirements are as determined by Table 18.40-2 Spatial Requirements for the Mobile Home / Tiny Home (MH/TH) Zone. ---PAGE BREAK--- Millcreek Code Update Mobile Home/Tiny Home (MH/TH) Zone I 143 Table 18.40-2 Spatial Requirements for the Mobile Home / Tiny Home (MH/TH) Zone Zone Min. Lot or pad area Min. lot or parcel width Min. Front Setback Min. Side Setback Min. Rear Setback Max. Height Mobile Homes 20’by 80’ min. pad 25’ when fronting to public right- of way None required when not fronting to public right- of-way. A minimum of 7.5’ from the property line or private street 7.5’ minimum per side. Awnings, patio covers, and other projections shall not be closer than 3’ from any side property lines. On corner lots, there shall be a minimum 7.5’ of unobstructed yard space on the street side of the lot. 10’ Mobile Home / Tiny Home: One Story or 14’. Other main buildings (including but not limited to clubhouses and recreation building.): 25’ Tiny Homes 20’by 40’ min. pad 18.41.050 Accessory Buildings A. One accessory storage building, not exceeding one hundred twenty cubic feet, is allowed in one side yard and may be three feet from the property line. B. No accessory building shall contain more than one story or exceed twelve feet in height. 18.41.060 Coverage Restrictions In the MH/TH zone, the front yard, or any space within three feet of the side and rear property lines, shall not be occupied, and shall be open and unobstructed to the sky. Lot coverage shall not exceed seventy-five percent of the lot. For the purposes of this chapter, "cccupied" means covered by a mobile home, garage, carport, cabana, awning, storage building, or structure of any kind. 18.41.070 Open Space Mobile home/ tiny home parks developments with more than five pads shall incorporate common open space into the site layout as set forth in the following standards: A. Mobile homes are required 100 square feet per unit B. Tiny homes are required 150 square feet per unit. C. No required common open space may be less than 20 feet in width. ---PAGE BREAK--- Millcreek Code Update Mixed Development Zone (MD) I 144 18.41.080 Standards of Review A. A mobile home or a Tiny Home subdivision shall follow the review and approval process, as set forth in MKZ 18.24, Subdivisions. Mobile Home and Tiny Home Parks shall follow the conditional use process as set forth in MKZ 18.15.030. Streets shall meet the standard outlined in MKC Title 14. Private right-of-way standards shall be subject to the review of the City Engineer and Fire Marshal and shall generally meet the of MKC Title 14 and this Title. No mobile home space or tiny home space shall be occupied for less than 30 days, when a tenant or owner is present. B. Mobile homes shall be skirted or placed on a foundation. C. Tie downs as required by the International Building Code are required for tiny homes. 18.41.090 Maintenance; Owner's Association Responsibility Maintenance of all areas and improvements owned in common by the lot owners, such as clubhouses, common landscaped areas, recreation facilities, playgrounds, roads, sewer and water utilities, and electrical systems, shall be the responsibility of an owner's association created with articles of association and bylaws conforming to State Law and approved by the City attorney. 18.41.100 Provision to move The requirements of this title shall not be construed to prevent the storage of a mobile home or tiny home in the rear yard of a dwelling structure. A mobile home or tiny home so stored may be temporarily used for sleeping purposes by members or guests of the family residing in the dwelling structure, but the mobile home shall not be connected to utilities or used for residential purposes unless approved by the planning commission as a temporary use incidental to construction work. Except as provided herein and in MKZ 18.70, Single-Household and Two- Household Dwelling Standards, a mobile home or tiny home shall not be used for residential or sleeping purposes unless the mobile home is located in an approved mobile home park or an approved mobile home subdivision. 18.42 Mixed Development Zone (MD) 18.42.010 Purpose The purpose of the Mixed Use (MD) development zone is to provide for the mixing of a variety of uses (limited commercial, office, residential and light industrial (within enclosed buildings) within a walkable, bikeable setting and to encourage such use mixes near transit stations in the Meadowbrook area, especially near the South Salt Lake and Murray transit stations. In addition ---PAGE BREAK--- Millcreek Code Update Mixed Development Zone (MD) I 145 to allowing a diverse mix of uses, the Meadowbrook area promotes increased density near transit stations with incentives to attract quality developments providing owner occupied and affordable housing. 18.42.020 Applicability A. Properties located in the Meadowbrook area as designated in the Future Land Use Map, or within an area identified in a Station Area Plan are eligible to be rezoned into the Mixed Development Zone. B. In the event there is language elsewhere in this Title that conflicts with language in this chapter, the more restrictive standard shall prevail. C. Development in the Mixed Development Zone may be subject to the requirements set forth in MKZ 18.62, Sensitive Lands. D. In any rezoning process for a mixed use or multi-household development larger than a four- plex, a Development Agreement shall be required at the sole discretion of the City. 18.42.030 Permitted Uses and Conditional Uses A. Uses in the Mixed Development (MD) Zone are as determined by Table 18.41-1 Permitted and Conditional Uses in the Mixed Development (MD) Zone. If a use Is not explicitly designated in the table, then the use is prohibited. ---PAGE BREAK--- Millcreek Code Update Mixed Development Zone (MD) I 146 Table 18.41-1 Permitted and Conditional Uses in the MD Zone P = Permitted Use C = Conditional Use Review Required Use MD Specific Use Standards Multiple Household Dwellings C Non-residential use or residential use that is convertible (built to city commercial building code standards) is required for at least 50% of the ground floor facing a public street. 24-hour on-site management required for projects with 50 or more residential units. Subject to the design standards within this Chapter. Affordable Housing P Subject to the requirements and incentives for affordable housing as set forth in MKZ 18.78, Affordable Housing. Home Business P Subject to MKZ 18.76, Special Business Land Use Regulations Live /Work Unit P Only permitted as part of a mixed use development. Residential Facilities for the Elderly or for Persons With a Disability P Limitations as set forth in MKZ 18.84, Residential Facilities for Persons with a Disability. Lodging C Nursing Home or Assisted Living C Public use P Quasi-Public Use C Schools, Public and Private P Religious Assembly P Medical or Dental Clinic P ---PAGE BREAK--- Millcreek Code Update Mixed Development Zone (MD) I 147 Table 18.41-1 Permitted and Conditional Uses in the MD Zone P = Permitted Use C = Conditional Use Review Required Use MD Specific Use Standards Neighborhood Retail P No commercial building over 20,000 square feet on the first floor is allowed. General Retail C No commercial building over 20,000 square feet on the first floor is allowed. Commercial Entertainment C No commercial building over 20,000 square feet on the first floor is allowed. Retail Food Trucks, Pop-Up Markets, and/or Farmer’s Market P Subject to MKZ 18.58, Temporary Uses and Structures Drive-Up Window C No order window or structure is allowed within 150’ of residential use. Speakers to be oriented away from abutting uses. No order boxes or drive-up windows permitted in a front yard. Neighborhood Service P General Service P Office P Personal Service P Allowed as part of a mixed use development Mixed Use C Non-residential use or residential use that is in convertible space) is required for at least 50% of the ground floor facing a public street. ---PAGE BREAK--- Millcreek Code Update Mixed Development Zone (MD) I 148 B. Table 18.41-1 Notes: 1. Live-work units are prohibited within 300 feet from any major intersection. 2. Live-work units may only constitute up to 25 percent of any required ground floor convertible space built to commercial building code standards. 3. Fifty percent (50%) of the ground floor facing a public street must have a non- residential use or must be built to commercial standards (“convertible space”). In no case shall commercial standards (non-residential or convertible space) be required for more than 150 lineal feet of property. Property located within 300 feet from a major intersection must have a non-residential use or must be built as convertible space, except as provided below: a. Any second story non-residential use built to commercial building code standards facing a public street may be calculated into the overall required 50 percent measurement given second story is directly above ground floor commercial. b. The 50 percent required ground floor facing a public street for non- residential use or residential use that is convertible may be reduced on a case by case basis when commercial uses such as a restaurant or a grocery store are implemented and referenced in a Development Agreement as part of an application to rezone land into the MD Zone 18.42.040 Prohibited Uses, Limitations A. Certain use prohibitions or use limitations are listed in Table 18.41-2. Such use prohibitions or use limitations apply in addition to the general provision that uses not explicitly designated as Permitted Uses or Conditional Uses in Table 18.42-1 are prohibited. Table 18.41-1 Permitted and Conditional Uses in the MD Zone P = Permitted Use C = Conditional Use Review Required Use MD Specific Use Standards Temporary Uses P As set forth in MKZ 18.59, Temporary Uses and Structures Table 18.42-2 Prohibited Uses and Limitations Use Specific Use Limitations Campgrounds Prohibited for recreational vehicles ---PAGE BREAK--- Millcreek Code Update Mixed Development Zone (MD) I 149 Table 18.42-2 Prohibited Uses and Limitations Use Specific Use Limitations Commercial Entertainment Prohibited as outdoor use, must be located in a structure or building Wireless Telecommunication Facilities Must be a Stealth Facility, subject to the standards as set forth in MKZ 18.75, Wireless Telecommunications Facilities. Detention Facility or Jail Prohibited Flea Markets or Swap Meets Prohibited Indoor or Outdoor Gun or Archery Range Prohibited Outdoor Display Prohibited if located more than five feet in horizontal distance from the main building Outside Storage Prohibited if located within view of the street or in any front or side yard facing a street. In all other areas, outside storage must be screened by a minimum of 6’ opaque fence. Pawn Shop Prohibited within 500’ of an arterial/major intersection or within 1,000’ of an established pawn shop or substantially similar business. Automobile, Equipment, or Recreational Vehicle Sales or Rental Prohibited Secondhand Store Prohibited if greater than 5,000 square feet Self-Storage Facility Only allowed if such uses are located in a mixed use building with residential, general retail, or office uses on 100% of the first floor facing a public street and if located further than 300’ from an arterial/major intersection but not within 1,000’ of an established substantially similar business. Sexually oriented businesses Prohibited, subject to MKZ 18.76.030 ---PAGE BREAK--- Millcreek Code Update Mixed Development Zone (MD) I 150 B. Table 18.41-2 Notes: 1. Arterial/major intersections are defined as the major streets that cross with 3900 S, and Central Avenue, including West Temple, Main St., and State Street. Each distance is measured as a radius from the applicant’s nearest property line to the intersection ROW line and/or to the property line of the nearest substantially similar business. Any overlap of the radius onto the applicant’s property excludes the entire property. 18.42.050 Accessory Uses Accessory uses and structures shall be subordinate/incidental to the main use and structure. Except for food trucks and residential amenities that are implemented and referenced in a Development Agreement as part of an application to rezone land into the MD Zone, accessory uses and structures shall not be allowed in the front or side yards facing a street. 18.42.060 Spatial Requirements A. The minimum setbacks, maximum height and lot size requirements are as set forth in Table 18.41-3 Spatial Regulations for the Mixed Development (MD) Zone. Table 18.42-2 Prohibited Uses and Limitations Use Specific Use Limitations Non-Depository Financial Institutions Prohibited within 300’ of any arterial/major intersection and not within 1,000’ of other established non-depository financial institutions. Table 18.41-3 Spatial Requirements for MD Zones Lot Requirements Minimum Lot or Parcel Area 20,000 square feet Minimum Lot or Parcel Width 100 feet Building Requirements Maximum Building Height 85 feet Maximum Lot or Parcel Coverage 80 percent Minimum Building Height 2 story Yard Requirements Minimum Front Yard Setback 10 feet Minimum Rear Yard Setback 10 feet ---PAGE BREAK--- Millcreek Code Update Mixed Development Zone (MD) I 151 B. Table 18.41-3 Notes: 1. No minimum lot area and lot width is required for mixed use buildings that include completely affordable or mixed affordable housing, subject to the standards as set forth in MKZ 18.78, Affordable Housing. 2. No maximum lot coverage is required for mixed use buildings that include completely affordable or mixed affordable housing, subject to the standards as set forth in MKZ 18.78, Affordable Housing. 3. Mixed use buildings that include completely affordable or mixed affordable housing, subject to the standards as set forth in MKZ 18.78, Affordable Housing, have a maximum building height of 100 feet. 4. For buildings abutting legally established single-household or two-household dwellings, or a Residential Zone Boundary, the side and rear yards abutting such uses shall be increased by one foot for every two feet that the structure exceeds 25 feet in height. 18.42.070 Site Design Standards A. Buildings shall orient their street facing facades parallel to a street. B. Corner lots are deemed to have two front yards. C. Any façade parallel to or within 60 degrees of the property frontage along a street as defined in MKZ 18.98, Definitions, is deemed to front the street, as depicted in Figure 18.41.1. Minimum Interior Side Yard Setback 20 feet Minimum Corner Side Yard Setback 20 feet Minimum Setback from Big Cottonwood Creek 50 feet, from top of bank from Big Cottonwood Creek. Accessory Structures: Rear And Interior Side Yard Setback 10 feet Accessory Structures: Rear And Interior Side Yard Setback When Abutting Residential Uses 20 feet ---PAGE BREAK--- Millcreek Code Update Mixed Development Zone (MD) I 152 Figure 18.41.1 Street Frontage Illustration D. Buildings shall have a ground story entrance facing towards the nearest street. When a property abuts more than one street, at least one ground story entrance is required on the street facing façade of the building where the greatest amount of pedestrian traffic is anticipated. Direct pedestrian access to the nearest street is required for all buildings. E. Windows shall constitute at least 50 percent of first story street-facing facades, and windows shall be at least 50 percent transparent. 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. Windows shall constitute at least 25 percent of all upper story street-facing facades. Interior lighting is required. F. No parking is allowed between the building(s) and the street. Parking shall meet the requirements as set forth in MKZ 18.63, Parking and Mobility Standards. G. 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. H. The front yard setback is the build-to-line within three hundred feet (300’) of any major intersection. At least 50 percent of the front elevation of the building(s) must be built within 10 feet of the build-to-line. Build-to lines may not encroach upon the front yard setbacks established in this Chapter. I. Garbage and recycling shall be designed to accommodate and efficiently manage the collection, storage, and removal of garbage in harmony with the neighborhood to minimize detrimental effects of the collection, storage, and removal on any use within the development or abutting uses. Dumpster enclosures are required. No refuse dumpster or dumpster enclosure structure shall be located closer than 10 feet to any perimeter property line. Enclosure structures must have a minimum of three sides that reflect or emulate the materials, design, and quality of the overall development. All developments shall provide recycling services. J. All utilities shall be located underground except for existing overhead transmission lines. All utility equipment shall be screened from view as set forth in MKZ 18.65.050. ---PAGE BREAK--- Millcreek Code Update Mixed Development Zone (MD) I 153 K. Fencing and screening shall be installed by the developer between incompatible uses and/or incompatible zones as set forth in MKZ 18.64, Landscape Standards, and MKZ 18.66, Fences and Walls. L. Building Materials. Exterior materials of a durable or resilient nature such as brick, stone, stucco, prefinished panel, composite materials, or other materials of similar quality, hardiness, and low maintenance characteristics shall be used. No single material is allowed to exceed 50 percent of street-facing facades. Other materials may be considered for soffits, or as an accent or architectural feature. Twenty-five year guarantee architectural shingles and/or other longer lasting roof materials are required. M. Mixed-use buildings shall incorporate the following building massing standards: 1. Stepbacks. Buildings greater than 40 feet in height shall have a minimum 10- foot (stepback between the first or second stories and third story when along Streets, Property Frontages, Public Parks, and along the Big Cottonwood Creek. 2. Façade articulation. The primary façade plane shall not exceed 40 feet 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. 3. Change in height. The top of the building shall change in height by at least five feet every 30 feet of façade length. 4. 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. 5. 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. N. Open space shall be provided for residential uses in the amount of at least 250 square feet per dwelling unit. One hundred (100) square feet per dwelling unit may be private open space, and 150 square feet per dwelling unit must be common open space. 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. O. Residential uses shall include some commercial uses along the public street or be constructed as convertible space. P. Uses adjacent to Big Cottonwood Creek shall include a usable open space buffer area next to that creek, defined as the top of bank of Big Cottonwood Creek plus 50 feet as a minimum. Such areas are recommended for a trail system. ---PAGE BREAK--- Millcreek Code Update Mixed Development Zone (MD) I 154 Q. Parking for developments in the MD zone shall follow the requirements of MKZ 18.63, Parking and Mobility Standards. Additionally, developments shall comply with the following requirements: 1. Parking required for each residential dwelling unit must be in a structure, a podium, a private garage, or a carport. Carports shall be either be located to the back of the building or screened as set forth in MKZ 18.64, Landscape Standards. 2. Parking Location. For residential and mixed-use developments with eight or more dwelling units, parking is not allowed between any building façade and the property line along a right-of-way. Such parking shall not encroach on the side or front setbacks. 3. Private Garage Requirements. If a private garage is utilized, it must meet the following standards: a. Two parking space garages require a minimum unobstructed size of 22 feet wide by twenty 20 feet in length, or 20 feet wide by 22 feet in length, b. Single parking space garages require a minimum unobstructed size of 10 feet wide by 22 feet in length, or 11 feet wide by twenty 20 in length. c. All private garages must have a minimum unobstructed height of seven feet for the entire required length and width of the private garage, except for interior staircases. d. Garage doors shall use complementary colors and include windows. e. Private garage doors and private garages shall not be the only means of access to a dwelling. f. Vehicular Access to Private Garages. Vehicle access serving a private garage shall be at least 26 feet in width. Where such drives serve units with opposing garages, where garages face each other, a minimum of 25-year square feet of landscaping shall be required at the edges of each driveway, between each dwelling unit. Developments with 25 feet or more units and lot or parcel widths of 150 feet shall provide a driveway for each garage with a minimum width of 12 feet and minimum unobstructed depth of 20 feet. g. 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 10 feet in width ---PAGE BREAK--- Millcreek Code Update Mixed Development Zone (MD) I 155 per parking space, up to a maximum of two contiguous spaces for unit. h. Vehicular Entry Gates Prohibited. Vehicular entry gates are prohibited as part of any multi-household development 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. i. Parking is prohibited within required fire access and turnaround facilities. j. Tandem parking or parking in a private garage or driveway shall not be included in any required guest parking calculation. k. Additional standards for Three-Household and Four-Household Buildings: Private or Shared Driveways. No more than two units may share a driveway. No driveway or combined driveway with the abutting unit shall exceed 24 feet in width unless such driveways are separated by a minimum five feet wide irrigated planter that includes at least one shrub and one medium size tree. Driveways located on a street with a right-of-way greater than or equal to 66 feet shall prohibit backing out onto the public street. R. Sidewalks. As required elements of a development, interior sidewalks shall be at least five feet wide installed to serve the development and connect to the public street and shall comply with the Standard Plans for Public Works Construction. S. Mechanical Equipment and Utilities. 1. All mechanical equipment such as HVAC systems shall be screened from view from the ground level vantage point along an abutting street or private vehicular access as set forth in Buffer C of MKZ 18.65, Landscape Standards. 2. Utility equipment shall be screened from view as set forth in Buffer C of MKZ 18.65, Landscape Standards. 18.42.080 Recreational Amenities A. For residential developments with eight or more dwelling units, recreational amenities are required as set forth in Table 18.41-4 Required Number of Recreation Facilities. ---PAGE BREAK--- Millcreek Code Update Mixed Development Zone (MD) I 156 Table 18.41-4 Required Number of Recreation Facilities Total Number of Bedrooms Total Number of Recreational Facilities 8-50 1 51-150 2 151-225 3 226-300 4 301-400 5 401-500 6 501+ 7 plus 1 additional amenity for each 100 bedrooms above 600. B. Recreational Amenities may include the following and subject to the following criteria: 1. Sport Courts: a. Large sport courts such as basketball, tennis, volleyball or similar shall be regulation size and each court may count as one amenity up to a limit of three b. Small sport courts such as pickleball, handball shuffleboard, horseshoes or similar may count as one amenity for every three courts up to six courts totaling two amenities. 2. Swimming Pools, Hot Tubs, Saunas: a. 1,000 square feet pool surface area plus a cooling deck with a minimum width of ten feet (10) in all areas may count as one recreational amenity. b. 2,500 square feet pool surface area plus a cooling deck with a minimum width of twenty feet (20) in all areas may count as two recreational amenities. c. 5,000 square feet pool surface area plus a cooling deck with a minimum width of twenty feet (20) in all areas may count as three recreational amenities. d. A hot tub or sauna area with a minimum eight person capacity may count as one recreational amenity. 3. Picnic Area. A picnic area may be considered as one recreational amenity, up to a limit of two should it meet all the following criteria: a. The seating area is covered by a pavilion, gazebo, pergola, or similar shelter covering a minimum of 500 square feet; b. Tables with seating and /or benches for a minimum of fifteen (15) persons; ---PAGE BREAK--- Millcreek Code Update Mixed Development Zone (MD) I 157 c. At least one fixed cooking grill is provided; and d. A least one trash receptacle is provided. 4. Dog Park. A dog park may be considered as a recreational amenity if it meets all the following criteria: a. The dog park enclosure is 3,000 square feet minimum; b. The enclosure is fenced by a minimum five foot tall fence meeting the requirements of MKZ 18.66, Fences and Retaining Walls; c. No point of the enclosure may be less than thirty feet (30) in width; d. The enclosure shall include a minimum of one dog waste station which shall include a bag dispenser and waste receptacle to be installed along the perimeter of the enclosure for every 3,000 square feet of the associated dog park; and e. One twenty-five (25) square foot animal washing bay with associated plumbing shall be provided in conjunction with the dog park. 5. Community /Amenity Centers may be considered as a recreational amenity should it meet all the following criteria: a. Gym, fitness center and/or weight room may count as one recreational amenity if it is a minimum of 750 square feet and appropriately equipped for fitness activities. b. A game room that is a minimum of 750 square feet and includes at least three dedicating game spaces for activities such as table tennis, billiards, air hockey, or similar may count as one recreational amenity. c. A business center, workshare space, teleconferencing spaces that total a minimum of 500 square feet may count as one recreational amenity. A maximum of one business center may be utilized as an amenity. d. A lounge, movie theatre, or party or similar gathering room that is a minimum of 750 square feet may count as one recreational amenity. 6. Lawn or gathering area for non-organized sports may be considered one recreational amenity as set forth in the following criteria: a. The lawn or gathering area is a minimum of 5,000 square feet and at least sixty feet (60) wide in all areas. b. Landscaping must be done in a manner that preserves the openness of the area for such activities. c. The lawn or gathering area is not located within drainage storage areas. ---PAGE BREAK--- Millcreek Code Update Mixed Development Zone (MD) I 158 d. No more than one recreational amenity may be awarded for a lawn or gathering area on a given project. 7. Trails may be considered as recreational amenities as set forth in the following criteria: a. Trails 1,000- 2500 feet in length may count as one recreational amenity. b. Trails over 2,500 feet in length may count as two recreational amenities. c. No more than two amenities may be awarded for trails on a given project. d. Six feet foot minimum width shall be maintained for the entirety of the trail. e. The trail shall feature demarcated lanes for non-motorized use such as bicycling, walking, skating, or jogging. f. The trail may or may not be paved but shall be constructed of a dust- free surface. 8. Playgrounds may be considered as recreational amenities as set forth in the following criteria: a. Active recreational area that is a minimum of 2,500 square feet may count as one recreational amenity. b. No more than two recreational amenities may be awarded for playgrounds on a given project. c. Playgrounds shall feature a variety of facilities, including equipment for younger children. d. When abutting any parking area, road, or other hazardous place the playground must be fenced with an open-style fence, as set forth in MKZ 18.66, Fences and Retaining Walls. 9. Recreational Amenities not listed may be considered by the Director of Planning at the time of site plan submittal. In order to approve of such alternate amenities, the applicant must demonstrate all of the following criteria is met by the proposed amenity: a. The amenity serves a clear recreational function and serves as a clear enhancement to the quality of life for the residents of the development. b. The proposed amenity is of similar or better standards to the amenities provided in this section. c. The amenity is of a permanent nature. ---PAGE BREAK--- Millcreek Code Update Mixed-Use Development Zone (MD-3) I 159 d. The proposed amenity will not be of nuisance to residents or neighboring properties. 18.43 Mixed-Use Development Zone (MD-3) 18.43.010 Purpose The purpose of the Mixed-Use Development Zone is to provide a variety of uses (limited commercial, office and residential) as an appropriate transition between high-traffic arterial streets and nearby residential uses. This district is intended to ensure compatibility of new development and residential conversions with existing and future residential development. It is also intended to ensure as well as encourage assemblage of properties in a unified plan with a coordinated and harmonious development which will promote outstanding design without and unsafe strip commercial development. Specific measures to mitigate negative impacts of mixed-use developments include standards for perimeter walls, vehicular access, lighting, signage, etc., which will be required at the time of design and site plan approval. Landscaping shall be as specified in MKZ 18.65, Landscape Standards. 18.43.020 Applicability The Mixed-Use Development Zone (MD-3) is a legacy zoning district and shall only be applied to existing parcels, lots, and areas already included in the Mixed-Use Development Zone (MD-3). No additional parcels, lots, or land may be added the MD-3 zoning district. Development in the Mixed Development (MD-3) Zone may be subject to the requirements set forth in MKZ 18.62, Sensitive Lands. 18.43.030 Permitted Uses and Conditional Uses Uses in the Mixed-Use Development Zone (MD-3) are as determined by the Table 18.43-1 Permitted and Conditional Uses in the Mixed-Use Development Zone (MD-3). If a use is not explicitly designated in the table, then the use is prohibited. Table 18.43-1 Permitted and Conditional Uses in the MD-3 Zone Land use MD-3 Limitations/references P= Permitted, C= Conditional Use Review Required Residential Uses Dwellings, Single Household - Attached C Maximum density of 12 units per acre Dwellings, Two Household C Maximum density of 12 units per acre ---PAGE BREAK--- Millcreek Code Update Mixed-Use Development Zone (MD-3) I 160 Table 18.43-1 Permitted and Conditional Uses in the MD-3 Zone Land use MD-3 Limitations/references P= Permitted, C= Conditional Use Review Required Dwellings, Three or Four Household C Maximum density of 12 units per acre Dwelling, Multiple Household C Maximum density of 12 units per acre Live /Work Unit P Only permitted in association with mixed use set forth in the development standards as set forth in MKZ XX.XX.XX Nursing Home or Assisted Living C Home Business P Subject to MKZ 18.76, Special Business Land Use Regulations Residential Facilities for Elderly Persons or Persons with a Disability P Limitations as set forth in MKZ 18.74, Residential Facilities for Persons with a Disability Lodging Bed and Breakfast P Lodging C Including a restaurant and conference meeting rooms Short-term rentals P Provided a valid Millcreek business license has been issued and in good standing with respect to the property. Further limitations are as set forth in MKC 5.19, Short Term Rentals. Civic and Institutional Uses Schools, Public and Private C Private Recreation Facilities C Public Use P Quasi-Public Use P Religious Assembly P ---PAGE BREAK--- Millcreek Code Update Mixed-Use Development Zone (MD-3) I 161 Table 18.43-1 Permitted and Conditional Uses in the MD-3 Zone Land use MD-3 Limitations/references P= Permitted, C= Conditional Use Review Required Commercial, Office, and Service Uses Agriculture P Depository Financial Institution P Eating and Drinking Establishments C General Retail P General Service P Greenhouse or Plant Nursery P Gym or Fitness Studio C Medical or Dental Clinic P Funeral Home or Mortuary P Mixed Use C Neighborhood Retail P Neighborhood Service P Office P Personal Service P Commercial Parking Lot or Commercial Parking Garage C Commercial Parking Lots are subject to the design standards for parking lots as set forth in MKZ 18.63, Parking and Mobility Standards, and MKZ 18.64, Landscape Standards. ---PAGE BREAK--- Millcreek Code Update Mixed-Use Development Zone (MD-3) I 162 Table 18.43-1 Permitted and Conditional Uses in the MD-3 Zone Land use MD-3 Limitations/references P= Permitted, C= Conditional Use Review Required Commercial Daycare or Preschool C Reception or Event Center C Veterinary Clinic C No outside kennels Miscellaneous Uses Temporary Uses P As set forth in MKZ 18.58, Temporary Uses and Structures Accessory Uses, Accessory Buildings and structures P As set forth in MKZ 18.69, Accessory Structures 18.43.040 Hours Of Operation Commercial uses shall not be open for business before six a.m. or after eleven p.m. 18.43.050 Businesses And Uses; Conditions The uses specified in this chapter for the MD-3 zone shall be permitted only under the following conditions: A. No manufacturing is allowed; B. No outside storage of any stock, motor vehicles or other property is allowed except for two delivery vehicles three-quarter ton or smaller. 18.43.060 Spatial Requirements The minimum setbacks, maximum height and lot size requirements are as set forth in Table 18.42-2 Spatial Requirements for the Mixed-Use Development Zone. ---PAGE BREAK--- Millcreek Code Update Mixed-Use Development Zone (MD-3) I 163 Table 18.42-2 Spatial Requirements for the MD-3 Zone Zone Min. lot or parcel area Min. lot or parcel width Min. Front Setback Min Side Setback Min Rear Setback Maximum Building Height Max. Lot or Parcel Coverage MD-3 4 acres 250’ 30’ 30’ 30’ 3 stories 2 stories when located within 50’ of a residential use 40% 18.43.070 Design and Site Plan Approval Design and site plan approval including, but not limited to, architecture, building materials, lighting, signage, vehicular access and noise for all development in the MD-3 zone is required by the Planning Commission as a conditional use pursuant to the requirements of MKZ 18.15.120. 18.43.080 Perimeter Wall A. All mixed-use developments shall have a decorative tinted concrete or masonry wall on all rear and side yards fronting a public street that. The perimeter wall shall comply with the standards set forth in MKZ 18.66, Fences and Walls. B. All perimeter walls shall be a minimum of six feet high unless the Planning Commission requires a higher wall as part of the conditional use approval. 18.43.090 Landscaping and Screening Landscaping shall be as specified in MKZ 18.64, Landscape Standards, including the buffering requirements set forth in MKZ 18.64.050. 18.43.100 Lighting Lighting shall be as specified in MKZ 18.68, Outdoor Lighting. 18.43.110 Noise The noise level emanating from any use or operation shall not exceed the limits established by the Salt Lake County Health Department, or its successor, regarding noise control. The noise level shall not in any case exceed five decibels above the ambient level of the area measured at the property line. For the purposes of compliance with health regulation number twenty-one all properties located within a mixed development zone shall be considered residential. 18.43.120 Access ---PAGE BREAK--- Millcreek Code Update Neighborhood Commercial Zone (C-1) I 164 The number of access points along public streets shall be minimized by sharing and linking parking areas with adjacent properties. Reciprocal ingress and egress, circulation and parking agreements shall be required to facilitate the ease of vehicular movement between abutting properties. On corner sites access points shall be located as far from the corner as reasonably possible and in no case less than forty feet from the point of intersection of the property lines Vehicular circulation shall be designed to limit the intrusion of traffic into residential areas and minimize access on streets used by schoolchildren. 18.43.130 Odor No use shall be permitted which creates odor in such quantity as to be readily detectable beyond the boundaries of the site. 18.43.140 Design Considerations In order to meet the purposes of this chapter the Planning Commission shall consider the following prior to approval of any plan: A. Lots or parcels should be accumulated to provide the minimum lot area. Individual lots or parcels with an area smaller than the minimum lot area are not suitable for a mixed development. B. The development shall provide on-site amenities and appropriate buffering to abutting properties and uses. C. The scale of the development shall be in character with the surrounding land uses. D. Safe access shall be provided within the site and to public streets. E. The development shall have a residential character if adjacent to residential areas. 18.44 Neighborhood Commercial Zone (C-1) 18.44.010 Purpose The purpose of the Neighborhood Commercial Zone (C-1) is to provide areas for lower intensity neighborhood commercial development that accommodates the everyday needs of nearby residents. Such zones do not usually generate traffic from regional markets. 18.44.020 Applicability The Neighborhood Commercial Zone (C-1) is a legacy zoning district and may be applied to existing parcels, lots, and areas already included in the Neighborhood Commercial Zone but no additional parcels, lots or land may be added to the Neighborhood Commercial Zone (C-1) District. Development in the Neighborhood Commercial Zone may be subject to the requirements set forth in MKZ 18.62, Sensitive Lands. 18.44.030 Permitted Uses and Conditional Uses ---PAGE BREAK--- Millcreek Code Update Neighborhood Commercial Zone (C-1) I 165 A. Due to the greater potential for detrimental effects, permitted uses over one acre in size shall follow the conditional use procedure as set forth in MKZ 18.16.030, Conditional Use Permit. B. Uses in the Neighborhood Commercial (C-1) Zone are set forth in Table 18.43-1 Permitted and Conditional Uses in the Neighborhood Commercial (C-1) Zone. If a use is not explicitly designated in the table, then the use is prohibited. Table 18.43-1 Permitted and Conditional Uses in the Neighborhood Commercial (C-1) Zone Land use C-1 Limitations/references P= Permitted, C= Conditional Use Review Required Residential Residential Facility for the Persons With a Disability, Nursing Home or Assisted Living P Limitations as set forth in MKZ 18.74, Residential Facilities for Persons with a Disability. Civic and Institutional Uses Public Use P Quasi-Public Use P Schools, Public and Private P Religious Assembly P Commercial Mixed Use C Neighborhood Retail P No commercial building over 20,000 square feet is allowed in the C-1 zone. In addition, no business in the C-1 zone shall occupy a space greater than 5000 square feet. Retail Food Trucks, Pop-Up Markets, and/or Farmer’s Market P Subject to MKZ 18.XX, Temporary Uses and Structures Neighborhood Service P General Service P Office P ---PAGE BREAK--- Millcreek Code Update Neighborhood Commercial Zone (C-1) I 166 Table 18.43-1 Permitted and Conditional Uses in the Neighborhood Commercial (C-1) Zone Land use C-1 Limitations/references P= Permitted, C= Conditional Use Review Required Personal Service P Caretaker Dwelling P a. Property owner shall record an affidavit stating the caretaker dwelling will not be leased, rented, or sold separately. b. 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. c. Caretaker dwelling shall be subject to the off-street parking requirements in MKZ 18.64, Parking and Mobility Standards. d. Parking spaces for caretaker dwelling cannot be included in any parking reduction request including shared parking. e. Home businesses with a customer base visiting the caretaker dwelling shall be prohibited. Home Business P Permitted in legally established dwellings in the C-1 Zone. Subject to MKZ 18.76, Special Business Land Use Regulations Temporary Uses P As set forth in MKZ 18.58, Temporary Uses and Structures 18.44.040 Prohibited Uses, Limitations, And Special Requirements Certain use prohibitions or use limitations are listed in Table 18.43-2. Such use prohibitions or use limitations apply in addition to the general provision that uses not explicitly designated in the table are prohibited. Table 18.43-2 Prohibited Uses, Limitations and Special Requirements in the Neighborhood Commercial (C-1) Zone. Uses Specific use limitations or special requirements Detention Facility or Jail Prohibited Indoor or Outdoor Gun or Archery Range Prohibited Outside Storage Prohibited if located within view of the street or in any front or side yard facing a street. In all other areas, ---PAGE BREAK--- Millcreek Code Update Neighborhood Commercial Zone (C-1) I 167 Table 18.43-2 Prohibited Uses, Limitations and Special Requirements in the Neighborhood Commercial (C-1) Zone. Uses Specific use limitations or special requirements outside storage must be screened by a minimum of 6’ opaque fence. Outdoor Display Prohibited if located more than five feet in horizontal distance from the main building Automobile, Equipment, or Recreational Vehicle Sales or Rental Prohibited Wireless Telecommunication Facility Must be a Stealth Facility, subject to the standards as set forth in MKZ 18.75, Wireless Telecommunication Facilities. Drive-up Window Prohibited Kennel Outdoor Kennels are prohibited. Sexually Oriented Business Prohibited Pawn Shop Prohibited Retail Tobacco Specialty Business Prohibited Automobile, Equipment, and Recreational Vehicle Sales and Rental Prohibited Secondhand Store Limited to a maximum of 2,500 square feet Self-Storage Facility Prohibited Non-Depository Financial Institution Prohibited Flea Markets or Swap Meets Prohibited Commercial Entertainment Outdoor Commercial Entertainment prohibited. Campground Prohibited Impound or Tow Lot, Salvage Yard, or Junk Yard Prohibited Short-Term Rental Only allowed as part of a mixed use development, provided a valid Millcreek business license has been issued and is in good standing with respect to the property. Further limitations are as set forth in MKC 5.19, Short Term Rentals. 18.44.050 Accessory Uses ---PAGE BREAK--- Millcreek Code Update Neighborhood Commercial Zone (C-1) I 168 Accessory uses and structures shall be subordinate/incidental to the main use and structure. Except for food trucks, accessory uses and structures shall not be allowed in the front or side yards facing a street. 18.44.060 Spatial Requirements The minimum setbacks, maximum height and lot size requirements are as set forth in Table 18.44-3 Spatial Requirements in the Neighborhood Commercial (C-1) Zone. Table 18.44-3 Spatial Requirements in the Neighborhood Commercial (C-1) Zone Lot Requirements Minimum Lot or Parcel Area None required Minimum Lot or Parcel Width None Required Building Requirements Maximum building height 35 Feet, subject to height transition requirements. Height projection allowances set forth in MKZ 18.72.040 may exceed the maximum building height up to 10 feet. Maximum Lot or Parcel Coverage 70 Percent Minimum building height 1 story Yard Requirements Minimum front yard 15 Feet Minimum rear yard If located abutting a Residential Zone Boundary, 25 feet, otherwise not required Minimum interior side yard If located adjacent to Residential Zone Boundary, 10 feet, otherwise not required Minimum corner side yard 20 Feet Accessory structures: rear and interior side yard 1 Foot Accessory structures: rear and interior side yard when abutting residential use 10 Feet 18.44.070 Special Regulations Establishments in the C-1 Zone shall be permitted only under all the following conditions: A. Business shall be conducted wholly within an enclosed building, except for the parking and servicing of automobiles, and service to people in automobiles, except that any type of restaurant may have outdoor dining. Outdoor music associated with the restaurant, shall comply with the Salt Lake County Health Department Noise ordinance. B. All products, whether primary or incidental, shall be sold on the premises. ---PAGE BREAK--- Millcreek Code Update Neighborhood Commercial Zone (C-1) I 169 C. Business Uses and Conditions shall be free from objectionable and unreasonable odor, dust, smoke, noise, vibration, or similar problems. 18.44.080 Design Standards A. Entrances and Windows. 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. Windows shall constitute at least 50 percent of first floor street-facing facades, and windows shall be at least 50 percent transparent. 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. Windows shall constitute at least 25 percent of all upper story street-facing facades. B. Frontage. For the purposes of this chapter, any façade that is parallel to or within 60 degrees of the property frontage along a street is deemed to front the street, as illustrated in Figure 18.43.1. Figure 18.43.1 Street Frontage Illustration C. No more than one row of parking is allowed between the building(s) and the street within 300 feet of any major intersection. No parking is allowed between the street and the building in any area identified as a City Center or a Village Center on the adopted Millcreek Future Land Use Map. D. Corner lots are deemed to have two front yards. E. Build-To-Line. The front yard setback is the build-to-line within 300 feet of any arterial/major intersection At least 50 percent of the front elevation of the building(s) must be built within 10 feet of the build-to-line. Build-to-lines may not encroach upon the front yard setbacks established in this Chapter. F. Signage for commercial or office uses is as set forth in MKZ 18.65, Signs. ---PAGE BREAK--- Millcreek Code Update Neighborhood Commercial Zone (C-1) I 170 G. Garbage and Recycling. The development shall be designed to accommodate and efficiently manage the collection, storage, and removal of garbage in harmony with the neighborhood to minimize detrimental effects of the collection, storage, and removal on any residence within the development or abutting neighborhoods. If dumpster enclosures are provided for the development, no refuse dumpster or dumpster enclosure structure shall be located nearer than 10 feet to any perimeter property line. Enclosure structures must have a minimum of four sides that reflect or emulate the materials, design, and quality of the overall development. All developments shall provide recycling services. H. Parking for Mixed Use developments is set forth in MKZ 18.63, Parking and Mobility Standards. I. Building Materials. Exterior materials of a durable or resilient nature such as brick, stone, stucco, prefinished panel, composite materials, or other materials of similar quality, hardiness, and low maintenance characteristics shall be used. Unless the building façade is entirely brick or stone, no single material is allowed to exceed 50 percent on all street-facing facades, excluding windows. Windows are not allowed to be less than 50 percent of the gross street-facing facade square footage. Other materials may be considered for soffits, or as an accent or architectural feature. Twenty-five year guarantee, architectural shingles and/or other longer lasting roof materials are required. Stucco, EIFS, unfinished concrete, or metal siding shall comprise no more than 20 percent of any façade. J. Building 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, as depicted in Figure 18.43.2: Figure 18.43.2 Building Massing Standards Illustration a. Façade articulation. The primary façade plane shall not exceed 40 feet in length without full height articulation. The articulation shall be a ---PAGE BREAK--- Millcreek Code Update Neighborhood Commercial Zone (C-1) I 171 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 30 feet 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 20 percent 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. K. Setbacks. For the purposes of this chapter, where setbacks are measured from a right-of-way containing a fully improved sidewalk, setbacks from a right of way shall be measured from the edge of the sidewalk that is nearest to the front facade of the building. Where fifty percent or more of the abutting lot frontage is developed, the front yard setback shall not be less than the average of existing buildings located within 300 feet on the same side of the street, as measured in both directions from the center point of the frontage to be developed, but a front setback shall never be less than fifteen feet. L. Landscaping shall be installed as set forth in MKZ 18.64, Landscape Standards. M. Perimeter fencing shall be installed as set forth in MKZ 18.66, Fences and Retaining Walls. N. Lighting shall be installed as set forth in MKZ 18.68, Outdoor Lighting. O. Access between uses. Vehicular and pedestrian access between uses that does not force vehicles out to the adjacent street is required. P. Utilities. All utilities shall be located underground. Utility equipment shall be screened from view. Overhead telephone, cable, fiber optic, or transmission power lines must be located underground. 18.44.090 Additional Requirements for Mixed Use Developments ---PAGE BREAK--- Millcreek Code Update Neighborhood Commercial Zone (C-1) I 172 Mixed-Use developments shall meet the following standards, as indicated in Figure 18.43.3: Figure 18.44.9 Mixed Use Standards Illustration 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 18.63, Parking and Mobility Standards. In addition, the following standards apply: 1. 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. 2. 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. ---PAGE BREAK--- Millcreek Code Update Neighborhood Commercial Zone (C-1) I 173 3. Tandem parking or parking in a private garage or driveway shall not be counted as guest parking or commercial user parking. 4. Private Garage Requirements. If a private garage is utilized, it must meet the following standards: a. Two parking space garages require a minimum unobstructed size of 22 feet wide by 20 feet in length, or 20 feet wide by 22 feet in length. b. Single parking space garages require a minimum unobstructed size of 10 feet wide by 22 feet in length, or 11 feet wide by 20 feet in length. c. All private garages must have a minimum unobstructed height of seven feet for the entire required length and width of the private garage, except for interior staircases. d. Garage doors shall use complementary colors and include windows. e. Private garage doors and private garages shall not be the only means of access to a dwelling. E. Minimum Commercial Floor Area Required. Mixed-use developments are required to have commercial uses as set forth in the following standards: 1. A mixed-use development shall have at least 1,500 square feet of commercial floor area. 2. 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. 3. Buildings containing affordable housing are exempt from the minimum commercial floor area requirements. F. Residential standards. Residential dwelling units in mixed use developments shall follow the standards as set forth in MKZ 18.39, Residential Mixed (RM) Zone except as follows: 1. Open space shall be provided for residential uses in the amount of at least 250 square feet per dwelling unit. One hundred square feet per dwelling unit may be private open space, and 150 square feet per dwelling unit must be common open space. 2. 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, driveways, or alleys and shall be accessible by all residents of the mixed-use development. 3. 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 MKZ 18.39, Residential Mixed (RM) Zone. 4. Required 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, ---PAGE BREAK--- Millcreek Code Update Neighborhood Commercial Zone (C-1) I 174 plants, fully accessible landscaped roof areas, or other natural areas. Drainage basins may not be utilized toward required open space. 5. 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. 18.44.100 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, as illustrated in Figure 18.43.4: Figure18.43.4: Commercial Space Configurations Diagram A. 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: 1. 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. 2. 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. 3. 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 ---PAGE BREAK--- Millcreek Code Update Neighborhood Commercial Zone (C-1) I 175 event shall the minimum required commercial square footage be less than 3,000 square feet. 4. 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 as defined in MKZ 18.44.060, Site Layout Standards. B. Ground Story Use Requirements. The ground floor of a mixed use shall comply with the following requirements: 1. 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 2. 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. 18.44.110 Additional Requirements for Mixed Use on Commercially Significant Development Sites A site is determined to be a Commercially Significant Development if any of the following apply: A. The development site is greater than one acre in area. B. 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. C. 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: 1. 4500 South and Highland Drive 2. 2000 East and 3300 South 3. 900 East and 3300 South D. Any Mixed-Use Development on a Commercially Significant Development Site shall meet the following requirements: 1. 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. ---PAGE BREAK--- Millcreek Code Update Commercial Zone I 176 2. 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. 3. 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. 4. Parking and Vehicular Access. In addition to meeting the requirements of MKZ 18.64, Parking and Mobility Standards, any required residential parking shall be located in an enclosed parking structure, podium, private garage, or carport. 18.45 Commercial Zone 18.45.010 Purpose The purpose of the Commercial Zone is to provide areas for larger-scale community commercial development. Such zones cater to regional markets and generate traffic from a much larger regional area. Development may include limited residential uses as incorporated into a commercial mixed-use development. 18.45.020 Applicability This chapter applies to development and uses in the Commercial Zone. Development in the Commercial Zone may also be subject to the requirements set forth in MKZ 18.62, Sensitive Lands. 18.45.030 Permitted Uses And Conditional Uses A. Uses in the Commercial Zone are as set forth in Table 18.44-1 Permitted and Conditional Uses in the Commercial Zone. If a use is not explicitly designated in the table, then the use is prohibited. Certain use prohibitions or use limitations are listed in Table 18.44-1. Such use prohibitions or use limitations apply in addition to the general provision that uses not explicitly designated in the table are prohibited. ---PAGE BREAK--- Millcreek Code Update Commercial Zone I 177 Table 18-44-1 Permitted and Conditional Uses in the Commercial Zone Land Use C Limitations / References P= Permitted, C= Conditional Use Review Required Residential Uses Affordable Housing P Subject to the requirements and incentives for affordable housing as set forth in MKZ 18.78, Affordable Housing Incentives. Dwelling, Multiple Household P Only permitted in as part of a mixed use development, subject to the development standards as set forth in MKZ 18.44.090 Nursing Home or Assisted Living P Home Business P Subject to MKZ 18.76, Special Business Land Use Regulations Residential Facility For Elderly Persons or Persons With A Disability P Limitations as set forth in MKZ 18.74, Residential Facilities for Persons with a Disability. Caretaker Dwelling P Additional use standards apply as set forth in MKZ 18.45.090 Commercial Uses Kennel, Indoor or Outdoor P Outdoor kennels or animal play areas prohibited within 300’ of a residential use or a residential zone. Automobile, Equipment, or Recreational Vehicle Sales or Rental C Only allowed when located on arterial roadways 100’ or greater in width. Prohibited within 300’ of a residential use or a residential zone. Additional use standards apply as set forth in MKZ 18.44.090 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. Additional use standards apply as set forth in MKZ 18.44.090. ---PAGE BREAK--- Millcreek Code Update Commercial Zone I 178 Table 18-44-1 Permitted and Conditional Uses in the Commercial Zone Land Use C Limitations / References P= Permitted, C= Conditional Use Review Required Car Wash C Prohibited within 150’ of a residential use or a residential zone and within 300’ of a major intersection and within 1,320’ (1/4 mile) of an established substantially similar business. Medical or Dental Clinic P Mixed Use C Additional use standards apply as set forth in MKZ 18.44.090 Commercial Daycare or Preschool P Commercial Entertainment under 25,000 square feet P Outdoor entertainment uses prohibited within 300’ of a residential use or a residential zone. Indoor or Outdoor Gun or Archery Ranges are prohibited. Commercial Entertainment, 25,000 square feet or more C Outdoor entertainment uses prohibited within 300’ of a residential use or a residential zone. Indoor or Outdoor Gun or Archery Ranges are prohibited. Commercial Kitchen / Ghost Kitchen P Commercial Parking Lot or Commercial Parking Garage C Parking garages shall include non-residential uses for at least 75% of the ground floor facing a public street. Community Garden P Depository Financial Institution P Drive-up Window C Drive up windows prohibited within mixed-use developments. Additional development standards apply as set forth in MKZ 18.44.090 Eating and Drinking Establishment P ---PAGE BREAK--- Millcreek Code Update Commercial Zone I 179 Table 18-44-1 Permitted and Conditional Uses in the Commercial Zone Land Use C Limitations / References P= Permitted, C= Conditional Use Review Required 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. See additional development standards as set forth in MKZ 18.44.090 Funeral Home or Mortuary P Greenhouse or Plant Nursery P Gym or Fitness Studio under 5,000 square feet P Gym or Fitness Studio - 5,000 square feet or more C Hospital C Light Service and Repair P Maximum square footage of 10,000 square feet. Live/Work Unit P Only permitted in association with mixed use set forth in the development standards as set forth in MKZ 18.44.090 Lodging P Non-Depository Financial Institution P Prohibited within 2,640’ (1/2 mile) of an established substantially similar business. 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. ---PAGE BREAK--- Millcreek Code Update Commercial Zone I 180 Table 18-44-1 Permitted and Conditional Uses in the Commercial Zone Land Use C Limitations / References P= Permitted, C= Conditional Use Review Required Personal Service P Reception or Event Center P Outdoor uses prohibited within 300’ of a residential use or a Residential Zone Boundary. Neighborhood or General Service P Retail Sales P Retail Tobacco Specialty Businesses are prohibited within 1,320’ (1/4 mile) of an established substantially similar business. Retail Food Trucks, Pop-Up Markets, and/or Farmer’s Market P Subject to Temporary Use Standards as set forth in MKZ 18.58, Temporary Uses and Structures. Self-Storage facility C Prohibited within 300’ of a major intersection and within 1,320’ (1/4 mile) of an established substantially similar business. Additional location restrictions apply as set forth in MKZ 18.44.090 Temporary Uses P As set forth in MKZ 18.59, Temporary Uses and Structures Institutional Uses Wireless Telecommunication Facility P Must be a Stealth Facility, subject to the standards as set forth in MKZ 18.75, Wireless Telecommunications Facilities. Public Use P Detention Facilities or Jails are not permitted Religious Assembly P Schools, Public and Private P ---PAGE BREAK--- Millcreek Code Update Commercial Zone I 181 Table 18-44-1 Permitted and Conditional Uses in the Commercial Zone Land Use C Limitations / References P= Permitted, C= Conditional Use Review Required Quasi-Public Use P B. Table 18.45-1 Notes: 1. Distances from major intersections are measured from the nearest point of the right-of-way at an intersection to the subject property at the nearest point. 2. Distances between similar uses are measured from the nearest point of a property line with the similar use to the nearest point of the subject property line. 3. Use separation distances are measured from property line. Uses within the separation area are limited to those not directly affiliated with the primary use such as ancillary parking and landscaping. 18.45.040 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. 18.45.050 Spatial Requirements The spatial requirements are as set forth in Table 18.45-2 Spatial Requirements for the Commercial Zone. Spatial requirements are also depicted in Figures 18.44.1, 18.44.2, and 18.44.3. ---PAGE BREAK--- Millcreek Code Update Commercial Zone I 182 Figure 18.44.1 Residential Use or Zones Requirements Figure18.44.2 Commercial zone spatial requirements illustration ---PAGE BREAK--- Millcreek Code Update Commercial Zone I 183 Figure 18.44.3 Commercial zone spatial requirements illustration when abutting residential zones. Table 18.45-2 Spatial Requirements for Commercial Zone Spatial Requirement C Zone When Abutting a Residential Zone Boundary Minimum lot or parcel area None None Minimum lot or parcel width None None Maximum building height 45’ 45’, 35’ within 100‘ of a Residential Zone Boundary Maximum lot coverage 80% 80% Minimum building height 1 story, 2 stories within the following Village Centers identified on the adopted Future Land Use Map: 2300 E/ 3300 S, Olympus Hills, Highland Dr/ Murray-Holladay Rd Minimum front yard 15’ 15’ Minimum rear yard None 25’, subject to Landscape Buffer B as set forth in MKZ 18.65 Minimum interior side yard None 10’ subject to Landscape Buffer B as ---PAGE BREAK--- Millcreek Code Update Commercial Zone I 184 Table 18.45-2 Spatial Requirements for Commercial Zone Spatial Requirement C Zone When Abutting a Residential Zone Boundary set forth in MKZ 18.65 Minimum corner side yard 15’ 15’ Accessory structure minimum rear and interior side yard 1’ 10’ from a Residential Zone Boundary. 18.45.060 Site Layout Standards. Development within the C Zone shall meet the following site layout standards, as illustrated in Figure 18.45.4: Figure 18.45.4 Site Standards Illustration A. Building Orientation. Buildings shall orient their street facing facades parallel to the right of way. B. Build-To-Line. Developments within 300 feet of a major intersection as measured by a radius from the applicant's nearest property line to the arterial intersection right-of-way line are required to conform to the following standards, as illustrated in Figure 18.44.5: ---PAGE BREAK--- Millcreek Code Update Commercial Zone I 185 Figure 18.44.5 Sites Within 300’ of a Major Intersection Standards 1. Major intersections are defined where the following streets intersect with one another: a. Murray-Holladay Rd. b. 4500 S c. 3900 S d. 3300 S e. 300 W f. West Temple g. Main Street h. State Street i. 500 East j. 700 East k. 900 East l. 1100 East m. 1300 East n. Highland Drive o. 2000 East p. 2300 East q. 2700 East r. Wasatch Boulevard ---PAGE BREAK--- Millcreek Code Update Commercial Zone I 186 2. The build-to line is measured perpendicularly to the front setback and is 10 feet in depth. Build-to lines may not encroach upon the front yard setbacks established in this Chapter. 3. A minimum of 75 percent of the front elevation of the building(s) must be within the build-to-area. C. Entrances. Building facades shall have a ground story entrance facing towards the nearest street. When a property abuts more than one street, at least one ground story entrance is required on the street facing façade of the building where the greatest amount of pedestrian traffic is anticipated. Direct pedestrian access to the nearest street is required for all buildings. D. Vehicle access and parking. 1. For sites within Village Centers as identified in the adopted Future Land Use Map and 300 feet of major intersections: No parking, circulation driveway or drop-off/pickup areas are permitted between the front of the building and the street. 2. 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. E. Garbage and Recycling. All development shall be designed to accommodate and efficiently manage the collection, storage, and removal of garbage and recycling as set forth in the following standards: 1. All developments must provide recycling services. 2. All development is required to screen dumpsters and recycling facilities as set forth in the standards of this section as well as MKZ 18.64.050 3. No refuse, recycling bin, dumpster or dumpster enclosure structure shall be located nearer than 10 feet to any perimeter property line. 4. Enclosures shall be constructed of a solid masonry material and shall include sold steel gates. F. Utilities. 1. Location. All utilities shall be located underground except for existing overhead transmission lines. 2. Screening. All utility equipment shall be screened from view as set forth in MKZ 18.64.050 3. Permissions. Private water and other in-ground utilities that are privately owned require piping subject to the approval of the utility owner. G. Fencing and Screening. Fencing and screening shall be installed by the developer between incompatible uses and/or incompatible zones as set forth in MKZ 18.65, Landscape Standards, and MKZ 18.67, Fences and Walls. 18.45.070 Building Massing Standards ---PAGE BREAK--- Millcreek Code Update Commercial Zone I 187 Development within the C Zone shall meet the following building massing standards: A. Stepbacks. Buildings greater than 35 feet in height shall have a minimum 10-foot stepback between the first or second stories and third story when along streets, property frontages, and residential zone boundaries, as illustrated in Figure 18.44.6. Figure 18.44.6 Stepback illustration B. 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, as illustrated in Figure 18.44.7: Figure 18.44.7 Building Massing Standards Illustration 1. Façade Articulation. The primary façade plane shall not exceed 40 feet in length without full height articulation. The articulation shall be a minimum of ---PAGE BREAK--- Millcreek Code Update Commercial Zone I 188 two feet in depth or projection from the primary façade plane and shall be a minimum of five feet in width. 2. Change in Height. The top of the building shall change in height by at least five feet every 30 feet of façade length. 3. 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. 4. 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. 5. Pitched Roofs. The primary structure is covered by a pitched roof with a minimum pitch of 3/12. Parapets are not considered to satisfy this requirement. 6. Architecturally Integrated Trellises. Architecturally integrated trellises shall be attached to the wall and cover at least 20 percent of a wall and shall project a minimum of 18 inches from the primary façade and have accompanying landscape planting material. 7. Stepbacks. Stepbacks shall only satisfy this requirement if not otherwise required. 18.45.080 Building Materials Standards Development within the C Zone shall meet the following building materials standards: Figure 18.45.8 Building Materials Requirements Illustration A. Windows. ---PAGE BREAK--- Millcreek Code Update Commercial Zone I 189 1. Windows shall constitute at least 50 percent of first floor street-facing facades, and windows shall be at least 50 percent transparent. 2. 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. 3. Windows shall constitute at least 25 percent of all upper story street-facing facades. B. Exterior Materials. 1. Exterior materials of a durable and 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 guaranteed, architectural shingles and/or other longer lasting roof materials are required. 2. Brick and/or stone may be used for up to 100 percent of the building façade, excluding windows. No other single material is allowed to exceed 50 percent on any facade, excluding windows. Other materials may be considered for soffits, or as an accent or architectural feature. 3. Stucco, EIFS, architecturally finished concrete, or architectural metal panel shall comprise no more than 20 percent of any façade. 4. A change of materials is required between the ground story and all upper stories, unless the material is brick or stone. 18.45.090 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. In the event there is language elsewhere in MKZ Title 18 that conflicts with language in this chapter, the more restrictive standard prevails. A. Automobile, Equipment, or Recreational Vehicle Sales or Rental uses shall meet the following site requirements: 1. The minimum lot size for such use is 20,000 square feet. 2. The site must contain an office of at least 2,000 square feet. 3. Inventory lot parking shall not be included in the minimum parking requirements. B. Automobile Service and Repair uses shall meet the following site standards: 1. Bay doors shall not be located on facades facing residential uses or zones. 2. Vehicles awaiting repair or service shall be screened by Landscape Buffer C as set forth in MKZ 18.64, Landscape Standards. 3. Vehicle storage areas shall not count toward parking minimum requirements. C. Caretaker Dwellings are only permitted in accordance with the following standards: ---PAGE BREAK--- Millcreek Code Update Commercial Zone I 190 1. A caretaker dwelling is only permitted as an ancillary use in association with a primary commercial use. 2. A maximum of one caretaker dwelling is permitted on a given site. 3. The property owner shall record an affidavit stating the caretaker dwelling will not be leased, rented, or sold separately. 4. 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 one 1,200 square feet. 5. The caretaker dwelling is subject to the residential use off-street parking requirements as set forth in MKZ 18.63, Parking and Mobility Standards. 6. The parking spaces for caretaker dwelling cannot be included in any parking reduction request including shared parking. 7. Home businesses with a customer base visiting the caretaker dwelling shall be prohibited. D. Drive-up Windows shall meet the following impact mitigation standards: a. Drive-up windows are prohibited on a building façade facing a residential use or residential zone. b. The drive-up window shall not be located between a building and street right of way on a façade facing a residential use or zone. c. Speakers are prohibited within 150 feet from the nearest property line of a residential use or zone. d. Drive-up windows are prohibited within a mixed-use site plan. e. Drive-up windows are prohibited within 300 feet from an intersection. f. Drive-up windows are prohibited within 500 feet of each other. E. Self-Storage Facilities are prohibited within 300 feet of a major intersection and within one 1,320 feet (1/4 mile) of an established substantially similar business. No new self-storage facilities are allowed on along the following streets: 1. 3300 South 2. 4500 South, east of 2300 East 3. 3900 South, east of 2300 East F. Fuel Stations shall meet the following site standards: 1. 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. 2. 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 nearer than 24 feet to the nearest property line. 3. Fuel pump stations shall not count toward required parking calculations. ---PAGE BREAK--- Millcreek Code Update Commercial Zone I 191 G. Hotels shall meet the following site and design standards: 1. Hotels must have a prominent porte-cochere or portico, incorporating the materials used in the main building. 2. Stucco or EIFS is prohibited on any street facing façade. 3. Wall openings, such as windows and doors, located in lobbies and other common rooms, shall comprise at least 25 percent of the front façade. 4. Massing and Façade Articulation for hotels shall have at least five of the façade design elements listed in MKZ 18.44.070 Massing and Façade Articulation. 5. 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. 6. No more than one row of parking is allowed between a hotel and any street it fronts. 7. 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. H. Mixed-Use developments shall meet the following standards, as indicated in Figure 18.44.9: Figure 18.44.9 Mixed Use Standards Illustration 1. 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 ---PAGE BREAK--- Millcreek Code Update Commercial Zone I 192 as identified in the Roadway Functional Classification Map of the Millcreek Transportation Master Plan. 2. 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. 3. 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. 4. Parking. Parking shall meet the requirements as set forth in MKZ 18.63, Parking and Mobility Standards. In addition, the following standards apply: a. 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. b. 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. c. Tandem parking or parking in a private garage or driveway shall not be counted as guest parking or commercial user parking. d. Private Garage Requirements. If a private garage is utilized, it must meet the following standards: Two parking space garages require a minimum unobstructed size of 22 feet wide by 20 feet in length, or 20 feet wide by 22 feet in length. Single parking space garages require a minimum unobstructed size of 10 feet wide by 22 feet in length, or 11 feet wide by 20 feet in length. All private garages must have a minimum unobstructed height of seven feet for the entire required length and width of the private garage, except for interior staircases. Garage doors shall use complementary colors and include windows. Private garage doors and private garages shall not be the only means of access to a dwelling. 5. Minimum Commercial Floor Area Required. Mixed-use developments are required to have commercial uses as set forth in the following standards: ---PAGE BREAK--- Millcreek Code Update Commercial Zone I 193 a. A mixed-use development shall have at least 1,500 square feet of commercial floor area. b. 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. c. Buildings containing affordable housing are exempt from the minimum commercial floor area requirements. 6. Residential standards. Residential dwelling units in mixed use developments shall follow the standards as set forth in MKZ 18.39, Residential Mixed (RM) Zone except as follows: a. Open space shall be provided for residential uses in the amount of at least 250 square feet per dwelling unit. One hundred square feet per dwelling unit may be private open space, and 150 square feet per dwelling unit must be common open space. 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, 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 MKZ 18.39, Residential Mixed (RM) Zone. d. Required 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. I. 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, as illustrated in Figure 18.44.10: ---PAGE BREAK--- Millcreek Code Update Commercial Zone I 194 Figure18.44.10 Commercial Space Configurations Diagram 1. 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: a. 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. b. 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. c. 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. d. 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 as defined in MKZ 18.44.060, Site Layout Standards. 2. Ground Story Use Requirements. The ground floor of a mixed use shall comply with the following requirements: a. 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 ---PAGE BREAK--- Millcreek Code Update Commercial Zone I 195 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 b. 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. J. 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, as illustrated in Figure 18.44.11. Figure 18.44.11 Unified Site Plan Illustration 1. 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 street. 2. Vertically integrated mixed-use buildings in a unified site plan shall meet the requirements of vertically integrated mixed use buildings and shall abut a street. K. Additional Requirements for Commercially Significant Development Sites. A site is determined to be a Commercially Significant Development if any of the following apply: 1. The development site is greater than one acre in area. ---PAGE BREAK--- Millcreek Code Update I 196 2. 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. 3. 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: a. 4500 South and Highland Drive b. 2000 East and 3300 South c. 900 East and 3300 South 4. Any Mixed-Use Development on a Commercially Significant Development Site shall meet the following requirements: a. 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. b. 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. c. 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. d. Parking and Vehicular Access. In addition to meeting the requirements of MKZ 18.64, Parking and Mobility Standards, any required residential parking shall be located in an enclosed parking structure, podium, private garage, or carport. 18.46 Institutional Facilities Zone (IF) 18.46.010 Purpose The purpose of the Institutional Facilities (IF) Zone is to promote institutional projects, and supporting commercial, of regional significance that are developed as campuses to increase employment and economic vitality in Millcreek while enforcing design that is sensitive to single- family neighborhoods. The development standards in this chapter regulate impacts that may be ---PAGE BREAK--- Millcreek Code Update Institutional Facilities Zone (IF) I 197 caused to immediate neighborhoods. The permitted uses under this zone are intended to meet the needs of Millcreek residents. It is the intent of Millcreek to restrict the IF Zone to specific locations that facilitate the creation of valuable centers or future center study areas, as defined in the adopted Future Land Use Map of the Millcreek General Plan. 18.46.020 Applicability This chapter applies to development and uses in the Institutional Facilities Zone. Development in the Institutional Facilities Zone may also be subject to the requirements set forth in MKZ 18.61, Sensitive Lands. In addition, the following standards apply: A. Any campus located in the IF Zone shall have a minimum area requirement of three acres. B. For rezone considerations, the City Council may impose larger area requirements to mitigate any detrimental effects described under MKZ 18.15.030 C. Any campus located in the IF zone must be a contiguous group of parcels not separated by a public right of way. D. In the event there is language elsewhere in MKZ Title 18 that conflicts with language in this chapter, the more restrictive standard prevails. 18.46.030 Neighborhood Contact and Outreach A. Purpose. Institutions are encouraged to be active and invested in the nearby community. This section is intended to promote ongoing communication between campus institutions and other uses and to provide courtesy notices of large construction projects that may impact abutting properties. B. Any development, modification, addition, alteration to any use on a property located in the IF zone or intended to be rezoned to the IF zone that exceeds 10,000 square feet in gross square footage or exceeds 30 feet in height shall adhere to the following noticing requirements: 1. Notice shall be mailed at least fourteen days prior to submitting for a permit or application to Millcreek, including building permit, to property owners within 300 feet of the campus perimeter. 2. Notice shall be given electronically at least fourteen days prior to submitting for a permit or application to Millcreek, including building permit, to the Chair for the Community Council in which the subject campus is located. C. The notice shall at a minimum consist of general timeline of construction, scope of work, anything in the construction that may interrupt regular flow of traffic or that takes place in a public right of way and contact information of the project manager or a designee that can answer questions or address concerns. D. Exemption. If the scope of the project has already met the requirements of MKZ 18.15.030 as part of a land use review process, it is exempt from the neighborhood contact requirements. 18.46.040 Permitted Uses and Conditional Uses ---PAGE BREAK--- Millcreek Code Update Institutional Facilities Zone (IF) I 198 A. All uses in the IF zone are subject to MKZ 18.15.030, Required Mitigation. B. Uses in the Institutional Facility (IF) Zone are as set forth in Table 18.45-1 Permitted and Conditional Uses in the Institutional Facility (IF) Zone. If a use is not explicitly designated in the table, then the use is prohibited. Table 18.45-1 Permitted and Conditional Uses in the Institutional Facilities (IF) Zone Land Use IF Limitations / References P= Permitted C= Conditional Use Review Required Accessory uses, Accessory Buildings and Structures P Nursing Home or Assisted Living P Eating and Drinking Establishments, Dine-In P Public Parking Lot or Parking Garage P Only permitted as an accessory use. Drive-Up Window P Only permitted as an accessory use to Depository Financial Institutions or Pharmacies. Not allowed within 150 feet of a residential use. Auditorium, theatre or meeting facility for the purpose of education, business or entertainment P Only permitted as an accessory use. An entertainment use in the IF zone may not occupy a space greater than 5,000 square feet, excluding parking and required site improvements. Temporary Uses P General Retail P General Service P Hospital C Medical or Dental Clinic C Lodging C May not exceed 40 feet in height. ---PAGE BREAK--- Millcreek Code Update Institutional Facilities Zone (IF) I 199 Personal Services P Only permitted as an accessory use. Each Licensed Massage Therapist who is not an employee of the business licensee shall have a Millcreek business license. Office P Only permitted as an accessory use. Public Use P Quasi-Public Use P Schools, Public and Private P Religious Assembly P Residential Facility for the Elderly or for Persons with a Disability P Subject to standards in MKZ 18.74, residential Facilities for Persons with a Disability Schools, Public and Private P Accessory Buildings P Accessory Buildings are subject to the Bulk and Yard Requirements found in Development Standards established in MKZ 18.60, Accessory Structures Temporary Uses P As set forth in MKZ 18.59, Temporary Uses and Structures 18.46.050 Prohibited Uses, Limitations, and Special Requirements Certain use prohibitions or use limitations are listed in Table 18.45-2. Such use prohibitions or use limitations apply in addition to the general provision that uses not explicitly designated in the table are prohibited. Table 18.45-2 Prohibited Uses in the Institutional Facilities (IF) Zone Detention Facility or Jail as a principal use Indoor or Outdoor Gun or Archery Range Outside Storage Outdoor Displays ---PAGE BREAK--- Millcreek Code Update Institutional Facilities Zone (IF) I 200 Table 18.45-2 Prohibited Uses in the Institutional Facilities (IF) Zone Dwellings Automobile, Equipment, or Recreational Vehicle Sales or Rental Outdoor Kennel Sexually Oriented Businesses Retail Tobacco Specialty Business Self-storage Facility Non-Depository Financial Institution Outdoor Commercial Entertainment Automobile Service and Repair Pawn Shop 18.46.060 Spatial Requirements A. The spatial requirements are as set forth in Table 18.45-3 Spatial Requirements for the Institutional Facilities (IF) Zone Table 18.45-3 Spatial Standards Measurement Type Measurement Minimum lot width 300 feet Maximum building height As set forth in MKZ 18.45.050 and MKZ 18.72, Building Height Maximum lot coverage 80 percent Minimum open space 20 percent Minimum building height 1 story Minimum front yard setback 20 feet Minimum rear yard setback 10 feet Minimum rear yard setback when abutting a Residential Zone Boundary 20 feet Minimum side yard setback 10 feet Minimum side yard setback when abutting a Residential Zone Boundary 20 feet ---PAGE BREAK--- Millcreek Code Update Institutional Facilities Zone (IF) I 201 Minimum side yard setback abutting a public street 20 feet Accessory structure minimum side yard setback abutting a public street 20 feet Accessory structures: rear and side yard setback 10 feet Accessory structures: rear and side yard when abutting a Residential Zone Boundary. 20 feet Accessory structure minimum and maximum height 1 story Parking structure minimum setback 20 feet Parking structure maximum height 60 feet B. Table 18.46-3 notes 1. Greater height may be granted if the proposed development can follow all conditions under section MKZ 18.72, Building Height 2. The required open space shall be land areas that are not occupied by buildings, dwellings, structures, parking structures, streets, curb-gutter- sidewalk, driveways, or alleys. Said open space may be an area of land or water set aside, or reserved for use of the development, including an expanse of lawn, trees, plants, fully accessible landscaped roof areas, or other natural areas. Open space also includes common walkways, formal picnic areas, and recreational areas. Open space may be distributed throughout the development and need not be in a single large area. Open space may include sensitive areas, such as areas with thirty percent or greater slope, fault zones, flood plains, high water tables, and wetlands, if they have been designed as an integral element of the project. A fiver percent reduction in open space is permitted for civic uses to ensure adequate parking, and transit needs are met. 18.46.070 Building Height Requirements A. For campuses 10 acres in size or more, the height of main buildings on campus must comply with the following conditions, as illustrated in Figure 18.45.1: 1. On a portion of the campus within 60 feet of a lot or parcel line abutting a Residential Zone Boundary the maximum height is 35 feet 2. On a portion of the campus that is more than 60 feet but within 100 feet of a lot or parcel line abutting a Residential Zone Boundary the maximum height is 75 feet. ---PAGE BREAK--- Millcreek Code Update Institutional Facilities Zone (IF) I 202 3. On a portion of the site that is more than 100 feet away from the campus perimeter, as determined by a boundary survey prepared by a surveyor licensed to practice in the State of Utah, the maximum height is 100 feet. Figure 18.45.1 Building Height Requirements B. For campuses that are less than 10 acres the height of main buildings and parking structures on campus must comply with the following conditions: 1. On a portion of the campus within 60 feet of a lot line abutting a Residential Zone Boundary the maximum height is 35 feet. 2. Maximum height for all buildings is 45 feet. C. Height Projection Allowances identified in MKZ 18.72.040 are subject to the following standards: 1. For buildings greater than 60 feet from a campus perimeter or a Residential Zone Boundary, the maximum increase in height for allowable height projections is 22 feet. 2. For buildings less than 60 feet from a campus perimeter or a Residential Zone Boundary, the maximum increase in height for allowable height projections is 14 feet. D. Stepbacks. For buildings that are greater than 40 feet in height and that are within 100 feet of a campus perimeter, a 20-foot stepback of any building façade, facing any street or Residential Zone Boundary, is required between the bottom of the first story and the top of the third story and upper stories. 18.46.080 Design and Use Standards for General Retail and General Service Uses ---PAGE BREAK--- Millcreek Code Update Institutional Facilities Zone (IF) I 203 General Retail and General Service uses are subject to the following requirements: A. Business shall be conducted wholly within an enclosed building, except for the parking of customer vehicles, except that any type of eating and drinking establishment may have outdoor dining. Outdoor music associated with the eating and drinking establishment shall comply with all applicable noise ordinances. B. All products, whether primary or incidental, shall be sold on the premises. 18.46.090 Site and Design Standards A. Entrances. All entrances to buildings and parking lots and parking garages that connect to or abut a public right of way must be located and designed to provide pedestrian access to any transit stops located along the right of way, so that the entrances have the shortest possible path from transit stop to building. B. Parking and Traffic Mitigation. 1. Parking lot and parking garage design must accommodate transit stops located along a public right of way. Parking lots and parking garages must have safe pedestrian paths leading from a transit stop to a building. 2. As part of any site plan review or subdivision approval, the city may require ingress, egress, and access easements to secure vehicular and pedestrian access throughout a campus without forcing vehicles to use abutting public rights-of-way. 3. More than one ingress/egress to a public right of way for each campus is required. No ingress/egress to a public right of way may be located nearer than 200 feet to an intersection. C. Generators, Emergency Power Systems, and Medical Gas Supply System Tanks. New generators, emergency power systems, and medical gas supply system tanks shall be located no closer than 30 feet from a Residential Zone Boundary. All such systems shall be screened from view from abutting residential properties with fencing or landscaping. All such systems shall incorporate sound attenuation designs, including but not limited to sound walls, sound baffles, or appropriate landscaping. D. Required Mitigations. 1. Nuisances and Noise. All uses in the IF zone shall be free from objectionable and unreasonable odor, dust, smoke, noise, vibration, or similar problems. The noise level emanating from any use or operation shall not exceed the limits in the applicable Salt Lake County Health Department regulations regarding noise control. 2. Interior Street Lights. Street and pedestrian lighting for streets on the interior of the campus is required. Outdoor lighting is subject to the requirements as set forth in MKZ 18.68, Outdoor Lighting. No on-site light poles may be located closer than 10 feet from the public right of way. ---PAGE BREAK--- Millcreek Code Update Institutional Facilities Zone (IF) I 204 3. Garbage and Recycling. a. The campus shall be designed to accommodate and efficiently manage the collection, storage, and removal of garbage in harmony with the neighborhood to minimize detrimental effects of the collection, storage, and removal on any residence within the development or abutting neighborhoods. Enclosure structures must have a minimum of four sides that emulate the materials, design, and quality of the overall development. All developments shall provide recycling services. b. For any structure or object used for garbage collection, or recycling such as a dumpster, the minimum setback from the property line is 20 feet. Garbage or recycling collection is not allowed within 30 feet of a property line that abuts a Residential Zone Boundary. 4. Screening Requirements Along a Residential Zone Boundary. Any development in the IF zone within one hundred feet (100’) of a Residential Zone Boundary must incorporate at a minimum two of the following options for screening: a. Any noise source that may in the course of 24 hours emit a noise that is greater than 50 decibels measured from 20 feet away from the noise source in any direction must provide adequate screening directly around the structure or object emitting noise. b. A masonry wall and evergreen trees that reach heights of 25 feet to 30 feet dispersed along a campus boundary that abuts a Residential Zone Boundary. The distance allowed between trees shall be 20 feet or less. c. Shrubs or tall grasses shall be used within a setback to increase the likelihood of absorbing sound. Shrubs or tall grasses must be dispersed throughout the entire length of the setback along a Residential Zone Boundary. Shrubs must be no greater than 10 feet apart and grasses must be no greater than five feet apart. d. Mechanical buildings or structures, loading docks, utility structures are not located within 100 feet of a Residential Zone Boundary. Roof- mounted mechanical or utility structures on buildings taller than 75 feet in height are exempt from this requirement. 5. Perimeter Fencing. Fencing is required for non-residential uses that abut residential uses, and shall comply with the standards as set forth in MKZ 18.66, Fences and Retaining Walls, except as provided below: a. Fence materials may consist of metal picket, wood, masonry, or composites. Vinyl is prohibited as a fencing material. Exterior fencing along a public right of way shall be limited to brick, stone, or block, or ---PAGE BREAK--- Millcreek Code Update I 205 pre-cast concrete and be set back a minimum of five feet from the campus perimeter or right-of-way line to allow for a landscaping buffer designed in accordance with MKZ 18.65, Landscape Standards, to soften long expanses of walls. b. To ensure maximum pedestrian connectivity, fencing between IF parcels is not required. 6. Architecture and Windows. a. Building Materials. Exterior materials of a durable or resilient nature such as brick, stone, stucco, prefinished panel, EIFS, composite materials, or other materials of similar quality, hardiness, and low maintenance characteristics shall be used. No single material can exceed 50 percent on street-facing facades. Other materials may be considered for soffits, or as an accent or architectural feature. Twenty- five year guarantee, architectural shingles and/or other longer-lasting roof materials shall be used. b. Windows shall make up at least 50 percent of first story street-facing facades and shall be at least 50 percent transparent. 7. Corner Lots or Parcels. Corner lots or parcels are deemed to have two front yards. 18.47 Light Manufacturing Zone 18.47.010 Purpose The purpose of the Light Manufacturing Zone is to provide areas for light manufacturing, warehousing, and commercial uses. 18.47.020 Applicability The Light Manufacturing Zone is a legacy zoning district and shall only be applied to existing parcels, lots, and areas already included in the Light Manufacturing Zone. No additional parcels, lots, or land may be added to the Light Manufacturing Zone. This chapter applies to development and uses in the Light Manufacturing Zone. Development in the Light Manufacturing Zone may also be subject to the requirements set forth in MKZ 18.62, Sensitive Lands. In the event standards in this chapter conflict with other standards found elsewhere in Title 18, the more restrictive standards apply. 18.47.030 Permitted Uses and Conditional Uses A. Uses in the Light Manufacturing Zone are as determined by the Table 18.46-1 Permitted and Conditional Uses in Light Manufacturing Zone. If a use is not explicitly designated in the table, then the use is prohibited. ---PAGE BREAK--- Millcreek Code Update Light Manufacturing Zone I 206 Table 18.46-1 Permitted and Conditional Uses in the Light Manufacturing Zone Land Use M Zone Limitations / References P= Permitted, C= Conditional Use Review Required Commercial Uses Depository Financial Institution P Prohibited within 300’ of a major intersection Kennel, Indoor or Outdoor P Automobile, Equipment, or Recreational Vehicle Sales or Rental C Only allowed when located on arterial roadways 80’ or greater in width. Prohibited within 150’ of a Residential Zone Boundary or a legally established residential use, as set forth in Table 18.47.1 Notes. Additional use standards apply as set forth in MKZ 18.47.090 Automobile Service and Repair C Prohibited within 300’ of a Residential Zone Boundary or a legally established residential use and within 1,320’ (1/4 mile) of an established substantially similar business. See Table 18.47.1 Notes. Additional use standards apply as set forth in MKZ 18.46.090. Car Wash C Prohibited within 150’ of a Residential Zone Boundary or a legally established residential use and within 300’ of a major intersection and within 1,320’ (1/4 mile) of an established substantially similar business. See Table 18.47.1 Notes. Medical or Dental Clinic P Commercial Daycare or Preschool P Commercial Entertainment under 25,000 square feet P Outdoor entertainment uses prohibited within 150’ of a Residential Zone Boundary or ---PAGE BREAK--- Millcreek Code Update Light Manufacturing Zone I 207 Table 18.46-1 Permitted and Conditional Uses in the Light Manufacturing Zone Land Use M Zone Limitations / References P= Permitted, C= Conditional Use Review Required a legally established residential use . See Table 18.47.1 Notes. Commercial Entertainment, 25,000 square feet or more C Outdoor entertainment uses prohibited within 150’ of a Residential Zone Boundary or a legally established residential use.. See Table 18.47.1 Notes. Commercial Kitchen / Ghost Kitchen P Commercial Parking Lot or Commercial Garage C Parking garages shall include non-residential uses for at least 75% of the ground floor facing a public street. Subject to Landscaping standards. Community Garden P Limited to one acre or less with no onsite retail allowed. Drive-up Window C 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 300’ of a major intersection. Funeral Home or Mortuary P Greenhouse or Plant Nursery P Gym or Fitness Studio under 5,000 square feet P Gym or Fitness Studio 5,000 square feet or more C ---PAGE BREAK--- Millcreek Code Update Light Manufacturing Zone I 208 Table 18.46-1 Permitted and Conditional Uses in the Light Manufacturing Zone Land Use M Zone Limitations / References P= Permitted, C= Conditional Use Review Required Light Manufacturing P or C Developments that abut a Residential Zone Boundary or a legally established residential use are a conditional use. General Retail P Office P Pawn Shop P Prohibited within 300’ of a major intersection and within 1,320’ (1/4 mile) of an established substantially similar business. Reception or Event Center P Outdoor uses prohibited within 300’ of a Residential Zone Boundary or legally established residential use. Self-Storage facility C Prohibited within 300’ of a major intersection and within 1,320’ (1/4 mile) of an established substantially similar business. Additional location restrictions apply as set forth in MKZ 18.47.090. Sexually Oriented Business C Truck Transfer Facility C Temporary outside storage of trucks and trailers allowed as defined by MKZ 18.47.080 Warehouse P or C Developments that abut a Residential Zone Boundary or a legally established residential use are a conditional use. Temporary Uses P As set forth in MKZ 18.59, Temporary Uses and Structures Institutional Uses Wireless Telecommunication Facility P Must be a Stealth Facility, subject to the standards as set forth in MKZ 18.75, Wireless Telecommunication Facilities ---PAGE BREAK--- Millcreek Code Update Light Manufacturing Zone I 209 B. Table 18.46-1 Notes: Table 18.46-1 Permitted and Conditional Uses in the Light Manufacturing Zone Land Use M Zone Limitations / References P= Permitted, C= Conditional Use Review Required Public Use P Religious Assembly P Schools, Public and Private P Quasi-Public Use C Residential Uses Home Business P Permitted in legally established dwellings in the M Zone. Subject to MKZ 18.76, Special Business Land Use Regulations Residential Facility for Elderly Persons or Persons With A Disability P Limitations as set forth in MKZ 18.74, Residential Facilities for Persons with a Disability. Caretaker Dwelling P Property owner shall record an affidavit stating the caretaker dwelling will not be leased, rented, or sold separately. 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. Shall be subject to the off- street parking requirements of MKZ 18.64, Parking and Mobility Standards. Parking spaces for caretaker dwelling cannot be included in any parking reduction request including shared parking. -Home businesses with a customer base visiting the caretaker dwelling shall be prohibited. ---PAGE BREAK--- Millcreek Code Update Light Manufacturing Zone I 210 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. 18.47.040 Prohibited Uses, Limitations Certain use prohibitions or use limitations are listed in Table 18.46-2. Such use prohibitions or use limitations apply in addition to the general provision that uses not explicitly designated in the table are prohibited. 18.47.050 Accessory Uses Accessory uses and structures shall be subordinate to the main use and structure or building. Accessory use may include outside repair, fabrication, and cleaning of equipment, vehicles, and/or stored products 18.47.060 Spatial Requirements A. The requirements for lot or parcel size, building setbacks, lot coverage and other spatial requirements are as set forth in Table 18.46-3 Spatial Requirements for the Manufacturing Zone. Table 18.46-2 Prohibited Uses and Limitations Use Specific Use Limitations Detention Facility or Jail Prohibited Indoor or Outdoor Gun or Archery Range Prohibited Impound and Tow Lot, Salvage Yard, or Junk Yard Prohibited Outside Storage Prohibited as a principal use. Composting Facility Prohibited Retal Tobacco Specialty Business Retail Tobacco Specialty Businesses are prohibited within 1,320’ (1/4 mile) of an established substantially similar business. Outdoor Display Outdoor Displays are prohibited unless associated with an existing retail use located in a building. Outdoor displays must be located within five feet of the main building. ---PAGE BREAK--- Millcreek Code Update Light Manufacturing Zone I 211 B. Table 18.46-3 Notes: 1. For buildings that abut a legally established residential use or a Residential Zone Boundary, the side and rear yards abutting the residential use or Residential Zone Boundary shall be increased by one foot for every two feet that the structure exceeds 25 feet in height. 18.47.070 Fuel Station Setbacks A. Gasoline pumps associated with fuel stations shall be set back not less than twenty-four feet from any street property line, and not less than thirty feet from any Residential Zone Boundary line. If the pump island is set at an angle on the property, it shall be so located that automobiles stopped for service will not extend over the property line. In addition, canopies constructed to provide a weather shield over gasoline pump islands shall not encroach on the front or side yard setback and not be located less than ten feet from any Residential Zone Boundary. 18.47.080 Special Regulations for the Light Manufacturing Zone A. General Conditions in the M Zone. All uses in the M zone shall be permitted only under all the following conditions: Table 18.46-3 Spatial Requirements for the Manufacturing Zone Spatial Requirement M Zone Minimum Lot or Parcel Area 20,000 square feet Minimum Lot or Parcel Width 100 feet Maximum Building Height 45 feet Maximum Lot or Parcel Coverage 80 percent Minimum Building Height 1 story Minimum Front Yard Setback 20 feet Minimum Rear and/or Side Yard Setback If located abutting a Residential Zone Boundary, 20 feet, otherwise 10 feet. Minimum Interior Side Yard Setback 10 feet Minimum Corner Side Yard Setback 20 feet Accessory Structures: Rear And Interior Side Yard Setback 2 feet Accessory Structures: Rear And Interior Side Yard Setback When Abutting Residential Use 10 feet ---PAGE BREAK--- Millcreek Code Update Light Manufacturing Zone I 212 1. Business operations that abut a legally established residential use, a Residential Zone Boundary, or a street shall be conducted predominantly within an enclosed building, except for the following: a. Parking and servicing vehicles and equipment, b. Loading and unloading of products and equipment, c. Outside storage of products, materials, vehicles, or equipment may be in the rear or side yard in the rear or side yard for new uses, subject to the following standards: Outside storage shall occupy no more than sixty percent (60%) of the lot or parcel. Outside storage must be screened by a solid visual barrier perimeter fence of six feet to eight feet depending on and relating to the height of the products, materials, or equipment stored outside. The maximum height of outside storage shall be established by a formula of setback to height where the minimum setback from the property line abutting a public street equals one-and-a-half times the height of the products, materials, vehicles or equipment being stored. The surface area of the outside storage area shall be paved with cement or asphalt hard surface paving or a contained durable permeable surfacing such as gravel. Any outdoor storage of vehicles and equipment shall be considered temporary and only include operable, functional vehicles and equipment able to be immediately put to the intended use. d. Existing legal uses with outdoor storage operating at the time of the adoption of this ordinance, January 22, 2018, shall retain the ability to store product, materials, vehicles, or equipment on 100 percent of the lot, lots, parcel, or parcels occupied by such use. e. Outdoor dining associated with eating and drinking establishments. 2. All uses shall minimize, so as not to become a nuisance, any unsafe, unhealthy, objectionable, and unreasonable waste, odor, dust, smoke, other emissions, noise, vibration, as determined by any Federal, State, County, and/or City health and safety codes, regulations, or ordinances. 3. All principal assembly, manufacturing, testing, cleaning, testing and associated services or processes shall be done wholly within completely enclosed buildings. Accessory use may include outside repair, fabrication, and cleaning of equipment, vehicles, and/or stored products. ---PAGE BREAK--- Millcreek Code Update Light Manufacturing Zone I 213 4. Roof mounted mechanical equipment and vents shall be screened from view from the ground-level vantage point along an abutting arterial, collector, or local street. 18.47.090 Site and Design Standards A. Main entrances to the first floor of manufacturing and commercial buildings shall front on the abutting public street. B. Commercial garages shall include non-residential uses for at least 75 percent of the ground story facing a street. C. Windows shall make up at least 10 percent of ground story street-facing facades for manufacturing buildings and 50 percent for commercial buildings. Upper stories shall have architectural differentiation from the ground story of the building. D. Corner lots or parcels are deemed to have two front yards, but only one front yard is required to have a building entrance. E. Garbage and Recycling. 1. The development shall be designed to accommodate and efficiently manage the collection, storage, and removal of on-site generated garbage to minimize the detrimental effects of the collection, storage, and removal such as noise and odor. 2. No refuse dumpster for refuse generated on site or dumpster enclosure structure shall be located nearer than 20 feet to any perimeter property line. 3. All refuse storage including dumpsters and recycling collection shall be screened in accordance with Buffer C standards as set forth in the Landscaping Requirements of MKZ 18.64.050 F. Building Materials. Exterior materials of a durable or resilient nature such as brick, stone, stucco, concrete, prefinished panel, composite materials, painted block, or other materials of similar quality, hardiness, and low maintenance characteristics shall be used. No single material is allowed to exceed 50 percent on street-facing facades. Other materials may be considered for soffits, or as an accent or architectural feature. Twenty-five-year guarantee, architectural shingles and/or other longer-lasting roof materials are required. G. Building relief. All buildings shall include façade differentiation using varied materials and relief every 100 feet or less. H. Development abutting legally established residential uses or a Residential Zone Boundary: 1. The required minimum six-foot high concrete or masonry wall shall be constructed concurrently with the foundation of the proposed building. 2. No proposed manufacturing use shall be constructed which will allow a direct view into the rear yard of a residential use. ---PAGE BREAK--- Millcreek Code Update City Center Overlay Zone (CCOZ) I 214 3. Loading docks shall be located a minimum of 100 feet from an existing or proposed residential use. Such loading docks shall incorporate screening whether in the form of landscaping or wing walls. I. Curb cuts shall not be located nearer than 50 feet to any street intersection. Loading docks shall not be visible from the adjacent street. J. Curb cuts shall not be located nearer than 20 feet to a side or rear lot or parcel line, and the distance between separate curb cuts serving adjacent land uses shall not be less than 40 feet, unless one or more of the following circumstances apply: 1. A common curb cut serves abutting land uses; 2. Curb cuts cannot meet separation standards due to narrow lot or parcel frontage; 3. Curb cuts cannot meet separation standards due to location of existing cuts on adjacent lots or parcels; or 4. A professional traffic engineer, after preparing a traffic study subject to the standards of MKZ 18.69, Required Studies and Plans, recommends that curb cuts be located nearer to interior lot or parcel lines to maintain a safe distance from street intersections. K. In order to meet the purposes of this chapter: 1. Lots or parcels may be accumulated to provide the minimum lot or parcel area. Individual lots or parcels with an area smaller than the minimum lot or parcel area are not suitable for development. 2. The development shall provide appropriate buffering to abutting properties and uses, asset forth in MKZ 18.64, Landscape Standards. 3. Safe access shall be provided within the site and to public streets as set forth in MKZ 18.63, Parking and Mobility Standards 4. Uses adjacent to defined creeks shall include a usable open space buffer area next to creek at least 50 feet from the high-water mark. Landscaping shall follow the standards as set forth in MKZ 18.61, Sensitive Lands, and MKZ 18.64, Landscaping Standards. L. Renovation or maintenance of existing structures or buildings shall not be deemed new construction for any of the foregoing requirements unless such renovation or maintenance results in a structure or building footprint being expanded by more than 25 percent. 18.48 City Center Overlay Zone (CCOZ) 18.48.010 Purpose The purpose of the City Center Overlay Zone (CCOZ) is to supplement and modify the standards of the existing commercial and multifamily zones to promote the creation of a walkable mixed- use city center for Millcreek, and to implement the goals and objectives of the Millcreek City ---PAGE BREAK--- Millcreek Code Update City Center Overlay Zone (CCOZ) I 215 Center Master Plan. The City Center is located approximately between Highland Drive and 1300 East, and 3000 South and along 3300 South and as particularly set forth on the Figure 18.48.1 below and the official Millcreek Zoning Map. The CCOZ is intended to facilitate development that promotes quality growth, fosters harmonious development and outstanding design, increases property values, and creates new retail, residential, and other commercial opportunities. 18.48.020 Applicability This chapter applies to development and uses in the City Center Overlay Zone. Development in the City Center Overlay Zone may also be subject to the requirements set forth in MKZ 18.62, Sensitive Lands. In addition, the following standards apply: A. The use and development of property within CCOZ is also subject to other applicable chapters in the zoning ordinance and the regulations of the underlying zone except where specific regulations are provided in this chapter, including but not limited to applicable health and safety codes, building codes, and engineering standards. B. Standards in other chapters may apply. In the event there is language elsewhere in Title 18 of this code that conflicts with language in this chapter, the CCOZ standards prevail. C. Any new development, exterior remodeling covering more than 50 percent of the building, or building expansions exceeding 15 percent of the gross square footage of the existing building, shall conform to the CCOZ. Conformity shall not be required for maintenance, exterior painting, or interior remodeling of a building. New signs or sign replacements shall also comply with the CCOZ. D. The CCOZ area is composed of three districts: the Neighborhood, the Mill Center, and the Market Place. The CCOZ covers the area as set forth in Figure 18.47.1 City Center Overlay Zone Boundaries. ---PAGE BREAK--- Millcreek Code Update City Center Overlay Zone (CCOZ) I 216 Figure 247.1, City Center Overlay Zone Boundaries 18.48.030 Permitted Uses and Conditional Uses A. Permitted uses on any lot in the CCOZ shall be the permitted and conditional uses allowed in the C zone, with the addition of single purpose multi-family dwellings in the Neighborhood District. Uses in the CCOZ are as determined by the Table 18.47-1 Permitted and Conditional Uses in CCOZ. If a use is not explicitly designated in the table, then the use is prohibited. B. Uses are subject to the use limitations as set forth in MKZ 18.48.040. Uses shall be located within one of the Building Types identified in this chapter. C. In addition to the uses listed below, any building that meets any one of the following criteria shall be approved using the City’s Conditional Use Process as set forth in MKZ 18.16.030 1. Any proposed building with a total square footage greater than 25,000 square feet, 2. Any proposed building with a ground floor footprint greater than 15,000 square feet, 3. Any proposed building with a height greater than thirty six feet excluding any element described as a height exception in Table 18.48.054, Bulk and Yard Regulations. ---PAGE BREAK--- Millcreek Code Update City Center Overlay Zone (CCOZ) I 217 Table 18.47-1 Permitted and Conditional Uses in CCOZ District Uses Neighborhood • Dwelling, Multiple Household • Dwelling, Single Household - Attached • Mixed Use • Neighborhood Retail • Neighborhood Service • Office (limited to 2,500 square feet or less, unless the uses are in a building that is located within 200 feet of the corner of a neighborhood street and either Richmond Street or Highland Drive) • Commercial Entertainment (indoor only) • Temporary Uses Mill Center • Mixed use including residential on upper floors, • Office • Neighborhood or General Retail • Neighborhood or General Service • Commercial Entertainment (indoor only) • Public Uses • Quasi-Public Uses • Commercial Entertainment (indoor only) • Temporary Uses Market Place • Neighborhood or General Retail • Neighborhood or General Service • Office • Mixed Use • Commercial Entertainment (indoor only) • Temporary Uses 18.48.040 Prohibited Uses and Use Limitations A. Certain use prohibitions or use limitations are listed in Table 18.47-2. Such use prohibitions or use limitations apply in addition to the general provision that uses not explicitly designated in the table are prohibited. ---PAGE BREAK--- Millcreek Code Update City Center Overlay Zone (CCOZ) I 218 Table 18.47-2 Prohibited Uses and Use Limitations in CCOZ Uses Limitations Automobile Service and Repair Prohibited Car Wash Prohibited Automobile, Equipment, or Recreational Vehicle Sales or Rental Prohibited Wireless Telecommunication Facilities Must be a Wall-Mounted or Roof- Mounted Stealth Facility, subject to the standards set forth in MKZ 18.75, Wireless Telecommunication Facilities. Sexually Oriented Business Prohibited Pawn Shop Prohibited Retail Tobacco Specialty Business Prohibited Residential Uses are permitted by district and within the building types specified in section MKZ 18.48.090, except that the gross floor area of any development located within 250 feet of the northwest corner of Highland Drive on 3300 South and the northeast corner of 1300 East on 3300 South shall contain no more than 25% of the building floor area as residential uses. The 250-foot distance measurement only applies to that same quadrant of the intersection. For the purposes of this chapter, leasing offices, lobbies, required parking, and any required residential amenity spaces are not considered commercial uses. Shall include mixed uses on corners in the Neighborhood District, and 100% residential buildings are not allowed in the Mill Center and Market Place districts. Residential uses shall include amenities as set forth in MKZ 18.40, Residential Mix Zone (RM). Rooftop Gardens, Patios, and Amenity Space Not allowed within 100 feet of a R-1 or R-2 zone boundary in the Neighborhood or Market Place districts, unless the rooftop garden, patio or amenity space is not located above the highest occupied floor of a ---PAGE BREAK--- Millcreek Code Update City Center Overlay Zone (CCOZ) I 219 Table 18.47-2 Prohibited Uses and Use Limitations in CCOZ Uses Limitations building or is obstructed from view from the zone boundary by at least 20 feet of occupied floor space. Secondhand Store Limited to a maximum of 2,500 square feet Self-Storage Facility Prohibited. Self-storage, for residents of the building, as part of and internal to a multi-family or mixed use development is allowed, if located on an upper floor. Non-Depository Financial Institution Prohibited Drive-up Window Not allowed for restaurant or food or beverage services uses in the Neighborhood District. Drive-up windows, order boxes, or access lanes are not allowed to front on Millcreek Common Indoor or Outdoor Gun and Archery Range Prohibited Fireworks Sales Prohibited Structured parking, including parking garages and podium parking. Not allowed to face any street unless wrapped with commercial or office uses on the first floor, street facing facade. Sidewalk Dining Allowed on any street except for alleys and woonerfs, to within 5 feet of the curb Restaurant and Retail uses facing Millcreek Common Restaurants and retail are the only uses allowed on the first floor facing Millcreek Common 18.48.050 Spatial Requirements ---PAGE BREAK--- Millcreek Code Update City Center Overlay Zone (CCOZ) I 220 A. The Tables and Figures in this section establish supplemental bulk and yard regulations for all buildings within CCOZ. These regulations modify and/or supersede any conflicting requirements found in the underlying zone. B. Building Heights - Minimum and maximum heights are as set forth in Table 18.47-3, CCOZ Height Requirements and Figure 18.47.2, CCOZ Building Height Areas. C. Any proposed development that overlaps a defined height line that represents a change in building heights, on the Official Planning and Zoning map, shall use the lower standard or may step up the building height as set forth in the Official Planning and Zoning map, at that height line. 18.47-3 CCOZ Height Requirements Height Requirements Location in Figure 18.47.2 Minimum Maximum East of Highland Drive, north of 3300 South Tan area 12 feet 26 feet North end of the Neighborhood District and south end of the Market Place Yellow area 12 feet 38 feet Various areas along Richmond, Highland near 3300 South, and along 3300 South. This area along Highland Drive is 75 feet wide, as measured from the west ROW line as of the adoption date of the ordinance. Light Orange areas 24 feet 50 feet Areas along Millcreek Common and on the north side of 3300 South Dark Orange areas 40 feet 75 feet South Side of 3300 South near the 1300 East Intersection Dark Brown areas 48 feet 75 feet ---PAGE BREAK--- Millcreek Code Update City Center Overlay Zone (CCOZ) I 221 Figure 18.47.2, CCOZ Building Height Areas D. Spatial Requirements are set forth in Table 18.47-4, CCOZ Spatial Requirements. ---PAGE BREAK--- Millcreek Code Update City Center Overlay Zone (CCOZ) I 222 Table 18.47-4 CCOZ Spatial Requirements Spatial Requirement CCOZ Minimum Building Height Minimum building heights are described in Figure 18.47-2, CCOZ Building Height Areas and in this table Maximum Building Height Varies by district – see Note 2 below, and Figure 18.47-2, CCOZ Building Height Areas Projections Roof structures for the housing of elevators, stairways, ventilating fans or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, shade structures (awnings, fabric roof coverings, wood and metal open frame structures, etc.), towers (where required by City ordinances), flagpoles, chimneys, stealth wireless or television installations, theater lofts, solar panels, may be erected above the height limits prescribed in this chapter, but no space above the height limit shall be allowed for the purpose of providing additional habitable floor space. No such structures except towers and solar panels, may be located nearer than 10 feet to edge of the building. The maximum increase in height for the above features shall be 14 feet. Height Transitions and Building Stepbacks Height transitions are required for buildings within 100 feet of an R-1 or R- 2 zone. See Notes 1, 2, and 3. Maximum Lot or Parcel Coverage 80 percent Minimum Lot or Parcel Coverage 50 percent Maximum Front Yard 10 feet, subject to the build-to-line (see Note 4) standards established in Section this chapter. The front yard setback is measured from the ROW line, except in the case of a plaza abutting the street, where the setback is measured from the edge of the plaza furthest from the street. Off-Street Parking Not allowed between the front façade of the building and the curb on the street it fronts. Residential Density No maximum density is established. E. Table 18.48-4, CCOZ Spatial Requirements Notes: ---PAGE BREAK--- Millcreek Code Update City Center Overlay Zone (CCOZ) I 223 1. For any development in CCOZ that is directly abutting an R-1 or R-2 zone, the maximum height for structures within 100 feet of the Residential Zone Boundary shall not exceed 30 feet, as measured from the property line abutting the residential zone. If the residential zone abuts the CCOZ at a property line, the setback is measured from that property line. Buildings may step up to the maximum height allowed after the 100-foot transition requirement has been met. 2. Building Stepbacks along Streets and Property Frontages: For any building or development that is over 40 feet in height or located on properties fronting on the Millcreek Common, 3300 South, Richmond and/or with frontage on Highland Drive, a 20-foot stepback of the building façade, facing any street, is required between the top of the first story and the top of the third story and upper stories. This building stepback shall incorporate one of the two stepback variations: a. A segmented stepback, such as, a 10-foot initial stepback between the first and second stories followed by an additional 10-foot stepback between the second and third stories as depicted in Figure 18.78-3, or; b. A full stepback of 20 feet between the first and third stories, that is utilized as a usable space for building tenants or businesses occupying the building, as depicted in Figure 18.47-4. 3. Building Stepbacks near Corner Plazas. For buildings on corners where a corner plaza is required by MKZ 18.47.070 of this code, facades within 30 feet of the edge of the corner plaza are not required to include a building stepback. 4. Building Stepbacks along Side and Rear Property Lines: For any building over 40 feet in height, the following building stepbacks apply: a. Rear Property Line. A five-foot stepback along a façade facing the rear property line is required between the top of the first story and the top of the third story and upper stories. Buildings setback greater than 15 feet in depth from a rear property line are not required to provide a five-foot building stepback. b. Side Property Line. 10-foot stepback along a façade facing a side property line is required between the top of the first story and the top of the third story and upper stories. Buildings setbacks greater than 15 feet in depth from a side property line are not required to provide a 10-foot building stepback. 5. Exception for Commercial Single-Purpose Buildings: Commercial single- purpose buildings are exempt from Stepbacks along Streets and Property Frontages so long as the proposed building is no greater in length than one ---PAGE BREAK--- Millcreek Code Update City Center Overlay Zone (CCOZ) I 224 hundred feet, no greater in depth than eighty feet, has a ground floor footprint that is eight-thousand square feet or less, is no greater than 40 feet in building height, and the following additional design standards are met: a. For street-facing building facades, exterior building materials used shall consist of a minimum of 75 percent brick or stone excluding windows, and 25 percent of the exterior building materials may consist of composite materials, or other materials of similar quality, hardiness, and low maintenance characteristics excluding windows. Stucco and EIFS are prohibited for use as materials on any façade visible from a right-of-way. b. First floor and ground stories shall be at least 12 feet in height. c. Buildings must have a minimum of at least one entrance to the first floor and shall front on the street. Entrance locations fronting the street shall be further articulated by a change in composition materials, color, texture, or pattern, and shall be recessed or projected. Figure 18.47.3, Segmented Building Stepbacks and Setbacks ---PAGE BREAK--- Millcreek Code Update City Center Overlay Zone (CCOZ) I 225 Figure 18.47.4, Full Building Stepbacks and Setbacks 6. For the purposes of this chapter, where setbacks are measured from a right- of-way (ROW) containing a fully improved sidewalk, setbacks from a right of way shall be measured from the edge of the sidewalk that is directly abutting the public right-of-way. 7. Build-to-lines are defined as the line at which construction of a building façade is to occur on a lot or parcel, running parallel to the front property line, and ensuring a uniform or consistent façade line on the street. The flexibility provided in this Chapter is intended to allow for additional sidewalk space and façade variation, seating, for outdoor uses such as restaurants and to promote sidewalk dining. 18.48.060 Design Standards A. Landscaping on Public Right-of-Way. Where a development directly abuts a public right-of- way, the development is required to install the street tree, curb, gutter, and sidewalk, pavement matching, streetlights, landscaped planters, and street furniture as set forth in the appropriate street cross section as shown in MKZ 18.47.060 below. This landscaping does not count toward an open space requirement. B. Drive-up Windows as an Accessory Use for Non-Depository Financial Institutions and Eating and Drinking Establishments are permitted as an accessory use in CCOZ, except that Drive-up Windows associated with Eating and Drinking Establishments are not allowed in the Mill Center District and the Neighborhood District. Existing Drive-up windows for Eating and Drinking Establishments in the Mill Center District continue to be a nonconforming use and are regulated pursuant to the standards of MKZ 18.60, Nonconformities. Drive-up Windows are permitted, subject to the following standards, and as illustrated in Figure 18.47.5 ---PAGE BREAK--- Millcreek Code Update City Center Overlay Zone (CCOZ) I 226 1. Drive-up windows shall include a canopy or roof that is architecturally integrated and attached to the building and that mirrors the roof form of the primary building. 2. Drive-up windows are not permitted on facades that face a right-of-way, unless existing site or access conditions prohibit a drive through window on a façade that does not face a right-of-way. 3. In situations where a drive-up window is required on a street facing façade, the building shall incorporate a five-foot wide landscaped buffer, either sloped to a three foot tall retaining wall or a minimum three foot hedge, between the drive-up lane and the adjacent parking or right-of-way. Figure 18.47.5, Drive -Up Window Requirements C. Requirements for Residential Uses. Except as provided by the standards in this chapter, requirements for any residential use established in CCOZ shall comply with the requirements as set forth in MKZ 18.41, Residential Mixed Zone (RM). D. Street Types. The seven street types identified below are intended to create a specific identity for the City Center District. All public sidewalks shall be colored a consistent color with complimentary accent colors at intersections and mid-block crossings. Exact dimensions and requirements, including sidewalk color and patterns, are subject to approval by Millcreek. For the purposes of this section, where a conflict exists between the streetscape figures and the table requirements for each street type, the requirements in the table shall be interpreted as the standard. 1. Highland Drive. Highland Drive serves as the primary eastern collector throughout the district. This street section is characterized by narrow travel lanes, dedicated bike lanes, on-street parking where feasible, generous sidewalks, and curb bulb outs at intersections for traffic calming. The intent is ---PAGE BREAK--- Millcreek Code Update City Center Overlay Zone (CCOZ) I 227 to slow traffic through the district, accommodate all modes of travel and focus on pedestrian connectivity. The typical cross-section for Highland Drive is depicted in Figure 18.47.6 and in Table 18.47-5. Figure 18.48.6, Typical Cross Section for Highland Drive Table 18.47-5 Highland Drive Streetscape Requirements Streetscape Element Requirement Vehicular Zone ROW Width 67 feet Travel Lanes 2 lanes Center Turn Lane 1 lane Lane Width 10.5 feet Center Median Permitted mid-block and low turn demand areas Parking Lanes 7.5 feet On-street parallel required on each side Bicycle Lane 5-foot dedicated bike lanes each side using green thermoplastic or colored concrete Pedestrian Zone ---PAGE BREAK--- Millcreek Code Update City Center Overlay Zone (CCOZ) I 228 Table 18.47-5 Highland Drive Streetscape Requirements Streetscape Element Requirement Walkways 10-foot minimum attached colored concrete sidewalk on each side with complementary enhanced paving at intersections and mid-block pedestrian crossings (5 feet within ROW, 5 feet dedicated by property owner) Street Buffer Trees in grates within the 10-foot walkway dimension noted above Furnishing Bike racks, seating, lighting, planters 2. Richmond/1300 East Boulevard. A minimum of two lanes in each direction with a median turning lane, punctuated with landscaped medians in areas not needing left turns, these streets are envisioned as grand boulevards. The typical cross-section for Richmond/1300 East Boulevard is depicted in Figure 18.47.7 and in Table 18.47-6. Figure 18.48.7, Typical Cross Section for Richmond/1300 East Boulevard Table 18.48-6 Richmond/1300 East Boulevard Streetscape Requirements Streetscape Element Requirement Vehicular Zone ---PAGE BREAK--- Millcreek Code Update City Center Overlay Zone (CCOZ) I 229 ROW Width 90 feet Travel Lanes 4 lanes Center Turn Lane 1 lane, 12 feet wide Lane Width Permitted except at intersections, 12 feet Center Median No parking on street Parking Lanes 5-foot protected bike lanes each side, using green thermoplastic or colored concrete Pedestrian Zone Walkways 5-foot minimum attached colored concrete sidewalk on each side with complementary enhanced paving at intersections and mid-block pedestrian crossings (5 feet within ROW, 5 feet dedicated by property owner which can be dedicated to City or provided through a public pedestrian easement and can encroach on the setback) Street Buffer 6-foot park strip xeriscape with trees Furnishings Bike racks, bus shelters, lighting 3. 3300 South Boulevard. This street is controlled by UDOT but plays an important role in the recognition of the City Center and the flow of major volumes of traffic in an east/west direction. To facilitate mobility with the City Center area, protected bike lanes are recommended to create better connections, between Highland and Richmond streets. The typical cross- section for Highland Drive is depicted in Figure 18.47.8 and in Table 18.47-7. ---PAGE BREAK--- Millcreek Code Update City Center Overlay Zone (CCOZ) I 230 Figure 18.47.8, Typical Cross Section for 3300 South Table 18.47-7 3300 South Boulevard Streetscape Requirements Streetscape Element Requirement Vehicular Zone ROW Width 96 feet Travel Lanes 4 lanes Center Turn Lane Lane Width 12 feet Center Median Permitted except at intersections, 12 feet Parking Lanes No parking on street Pedestrian Zone Walkways 6-foot minimum attached colored concrete sidewalk on each side with complementary enhanced paving at intersections and mid-block pedestrian crossings (5 feet within ROW, 5 feet dedicated by property owner which can be dedicated to city or provided through a public pedestrian easement and can encroach on the setback) Street Buffer 6-foot park strip xeriscape with trees ---PAGE BREAK--- Millcreek Code Update City Center Overlay Zone (CCOZ) I 231 Table 18.47-7 3300 South Boulevard Streetscape Requirements Streetscape Element Requirement Furnishings Bike racks, bus shelters, lighting 4. Neighborhood Streets. Connecting neighborhood streets include all streets that run east and west between Highland and Richmond Street/1300 East through the City Center. These streets are characterized by narrower right-of- way widths with similar goals of accommodating all modes of local traffic. The typical cross-section for neighborhood streets is depicted in Figure 18.47.9 and in Table 18.47-8. Figure 18.47.9, Typical Cross Section for a Neighborhood Street Table 18.47-8 Neighborhood Streetscape Requirements Streetscape Element Requirement Vehicular Zone ROW Width 61 feet to 80 feet Travel Lanes 2 Center Turn Lane None Lane Width 12 feet Center Median Not permitted Parking Lanes 8.5 feet on-street parallel, 18 feet for angled head in, or head out on each side, depending on ROW Bicycle Lane Shared with travel lanes ---PAGE BREAK--- Millcreek Code Update City Center Overlay Zone (CCOZ) I 232 Table 18.47-8 Neighborhood Streetscape Requirements Streetscape Element Requirement Pedestrian Zone Walkways 5-foot minimum attached sidewalk on each side Street Buffer 6-foot minimum landscape area with trees Furnishings Bike racks, seating, lighting, planters 5. Millcreek Common Street and Frontage. If vehicular access and parking is provided between any building and Millcreek Common, it must meet the requirements as set forth in Figure 18.47.10 and in Table 18.47-9. Figure 18.47.10, Typical Cross Section for Millcreek Common Street Table 18.47-9 Millcreek Common Streetscape Requirements Streetscape Element Requirement Vehicular Zone ROW Width varies Travel Lanes 1 Center Turn Lane None Lane Width 16 feet Center Median Not permitted ---PAGE BREAK--- Millcreek Code Update City Center Overlay Zone (CCOZ) I 233 Table 18.47-9 Millcreek Common Streetscape Requirements Streetscape Element Requirement Parking Lanes 8.5 feet On-street parallel parking, both sides – or angled on the building side Bicycle Lane Shared with travel lanes Pedestrian Zone Walkways 10-foot minimum outside edge, 5 feet inside edge Street Buffer 6 feet minimum landscape area, with trees Furnishings Bike racks, seating, lighting, planters, sculptures 6. Laneway. Laneways are to be used as access to parking, rear loaded buildings, loading and delivery areas, services areas for refuse and utilities at the rear of lots, and as connectors for pedestrians. Laneways are intended to provide shared vehicular access to the rear of buildings that allows the front façade to remain tied to the pedestrian realm. The typical cross-section for a laneway is depicted in Figure 18.47.11 and in Table 18.47-10. Figure 18.47.11, Typical Cross Section for Laneway Table 18.47-10 Laneway Streetscape Requirements Streetscape Element Requirement Vehicular Zone ---PAGE BREAK--- Millcreek Code Update City Center Overlay Zone (CCOZ) I 234 Table 18.47-10 Laneway Streetscape Requirements Streetscape Element Requirement ROW Width 30 feet (one way) Travel Lanes 1 Center Turn Lane None Lane Width 16 feet (one way) Center Median Not permitted Parking Lanes Not permitted Bicycle Lane Shared Pedestrian Zone - shared Walkways 5 feet one side, 4 feet other side Street Buffer 6 feet with tree grates and trees tied to 5-foot walkway, and breakable bollards on 4-foot walkway edge Furnishings None 7. Woonerf. A shared street promoting for pedestrian and bicycle use over vehicular use but in an undefined manner. No curbs and weaving vehicular ways, punctuated by landscaped islands, help to create a street that is open for all users but in a very low speed, safe, environment. The typical cross- section for a woonerf is depicted in Figure 18.47.12 and in Table 18.47-11. Figure 18.47.12, Typical Cross Section for Woonerf ---PAGE BREAK--- Millcreek Code Update City Center Overlay Zone (CCOZ) I 235 Table 18.47-11 Woonerf Streetscape Requirements Streetscape Element Requirement Vehicular Zone ROW Width 40 feet (two way) Travel Lanes 2 but unmarked other than by pavement distinction Center Turn Lane None Lane Width 10 feet Center Median Not permitted Parking Lanes One side and purposefully restricts traffic flow to one lane Bicycle Lane Shared Pedestrian Zone - shared Walkways 10 feet Street Buffer Regular spaced landscaped islands, with trees Furnishings Seating within the islands 18.48.070 Site Standards A. Corner Lots. Corner lots are deemed to have two front yards. Building corners that face street intersections shall be angled, rounded, setback or otherwise designed to soften the intersection of the perpendicular building facades to ensure vision clearance and create a public space. A corner plaza is required for all street intersections except for internal/mid-block intersections on Neighborhood streets and for laneways and woonerfs, as illustrated in Figure 18.47.13. Streets that require a plaza shall design a minimum of 20 feet wide 15 feet deep usable public plaza space and shall include provisions for shade and protection from inclement weather and seating. For sale art sculpture(s) are encouraged. Figure 18.47.13, Corner Plaza Illustration ---PAGE BREAK--- Millcreek Code Update City Center Overlay Zone (CCOZ) I 236 B. Front Yard Setback and Build-to-Line. The front yard setback is the build-to-line within 300 feet of all public street intersections within the CCOZ boundary. At least 50 percent of the front elevation of the building(s) must be within 10 feet of the build-to-line, except for the corners specified above. A build-to-line is defined as the line at which construction of a building façade is to occur in a lot or parcel, running parallel to the front property, and ensuring a uniform building facade line on the street. C. Parking requirements are as set forth in MKZ 18.64, Parking and Mobility, except that commercial/ retail, service uses, and office uses shall provide a minimum of 3 parking spaces per 1,000 square feet. Figure 18.47.14, Typical Off Street Parking Locations D. All off-street and structured/garage parking shall be located to the side or rear of the building to preserve street facing facades for transparency and pedestrian activity, as illustrated in Figure 18.47.14. Structured parking that faces a street shall be wrapped with commercial or office uses. Surface parking lots are not allowed if visible from the adjacent street. E. On-street parking, located on the same side of the street in front of the building housing the businesses, in the form of parallel or angled spaces can account for up to two-thirds of the required commercial, retail, or office parking. F. Bicycle Parking requirements are as set forth in MKZ 18.64, Parking and Mobility. G. Building Length and Facades. 1. No new building elevation may exceed 100 feet in length without at least a three foot variation in the depth of the façade along the public right of way and a two foot variation on other facades. 2. Residential unit balconies shall not be interpreted to meet this requirement. No single building shall exceed 150 feet in length. ---PAGE BREAK--- Millcreek Code Update City Center Overlay Zone (CCOZ) I 237 3. A separation of a minimum of ten feet is required, which creates a passageway to interior spaces. Such passageways shall be lighted, provide a safe pedestrian space and include vegetation in boxes every 30 feet of length. 4. As a minimum, building facades shall provide pedestrian plazas every 150 feet of building length to break up long building façades along public rights-of- way. 5. The top story of a building shall have architectural differentiation from the other stories of the building and rooflines shall vary every 100 feet, at a minimum. 6. For first story uses in the mixed use building type, the appearance of small shops/storefronts with variation in the first story façade every 30 feet is required. H. Open Space and Plazas. 1. For all development that includes residential uses, the open space requirement is 20 percent of the site. 2. This open space requirement shall be fulfilled through rooftops, terraces for general resident use, plazas and pocket parks. 3. The required common open space shall be for general use by the residents of the building and/or the public and be usable land areas that are not occupied by buildings, dwellings, structures, parking areas, streets, public park strips, curb-gutter-sidewalk, driveways, or alleys and shall be accessible by all residents of the development. 4. For the purposes of this chapter, gross site area is defined as the total area of the development excluding anything in the public right of way. 5. For development or redevelopment involving sites that are one acre in size or greater, at least 40 percent of required open space must be in the form of a plaza that is located at the front, corner or side of the building, and open and accessible to the public at all times. 6. The following requirements must be met, generally as illustrated in Figure 18.47.15: a. At least 80 percent of the plaza’s perimeter that does not front on vehicular right- of-way shall be lined by building frontages. b. Fully enclosed permanent structures are not permitted. c. Playgrounds are not permitted. d. Minimum pervious surface is 40 percent. e. Maximum pervious surface is 80 percent. f. Must include seating, shade structures, and one tree (2-inch caliper minimum) per 800 square feet of plaza area ---PAGE BREAK--- Millcreek Code Update City Center Overlay Zone (CCOZ) I 238 g. Special features such as fountains and for sale public art installations are encouraged. Active features should be incorporated into the plaza. Figure 18.47.15, Typical Plaza I. Pocket Leisure spaces. Residential development involving sites two acres in size or greater shall include a pocket leisure space that fronts on or is easily accessible from a public street, open and accessible to the public at all times, and meets the following requirements, generally as illustrated in Figure 18.47.16: 1. Minimum size is 2,500 square feet 2. Maximum size is 20,000 square feet 3. Include some form of child play structure 4. Must include seating, shade structures, turf, hard surfaces, and one tree inch caliper minimum) per 800 square feet of park area ---PAGE BREAK--- Millcreek Code Update City Center Overlay Zone (CCOZ) I 239 Figure 18.47.16, Typical Pocket Leisure Space J. Substitutions. 1. The open space/park requirement may be modified through potential substitutions for any development that faces Millcreek Common or could benefit from contributing to pedestrian connections to the Common, subject to a Development Agreement with the City, following the process for rezones and with Development Agreements as set forth in MKZ 18.15.010. Such substitutions are intended to enhance open spaces and pedestrian connections with features by acquiring or improve land that is destined to become part of the Millcreek Common. The Millcreek Common is the signature open space in the City Center and is a benefit to all development in the City Center, including improved pedestrian connections to the Common. 2. In-lieu substitutions are encouraged for the benefit of the City Center by application to the Planning Director, under the following circumstances: 3. In-lieu substitutions of land are intended to fulfill the requirements for open/park space and may be allowed when it can be factually established by a qualified land appraiser, that the substituted land is at least equal to or greater in value than the associated development property, as if it were to be fully developed as proposed. The City will determine with the developer the actual property to be appraised, both in the proposed development and in the Millcreek Common. The City will select and employ an appraiser through a contract. The cost of the appraisal shall be borne by the developer, through reimbursement to the City. New appraisals will not be required if recent (within one year) information is readily available. 4. Cash in-lieu. the City may determine that in certain situations, accepting cash as an in-lieu substitution, where it can be shown that acceptance of those funds, is more effective in acquiring open space/park land and improving ---PAGE BREAK--- Millcreek Code Update City Center Overlay Zone (CCOZ) I 240 pedestrian connections within the City Center. Cash in-lieu payments shall not be accepted without a qualified appraisal process as per above. The City shall be obligated, in a timely manner, to use the in-lieu funds within the City Center for land purchases, open space, pedestrian system enhancements, and/or park related improvements. 5. Any land which has been dedicated, set aside, platted, or otherwise approved as open space, may not be substituted or used for any purpose other than those allowed by this chapter. 6. In-lieu substitutions shall be reviewed by the Planning Development Director, through an application, however, final approval of the in-lieu substitution rests with the City Council. Such approvals shall occur prior to issuance of a Final Site Plan approval or a building permit. K. Perimeter Fencing. 1. To ensure maximum pedestrian connectivity, fencing between parcels is not required. 2. No fencing of any kind will be allowed along the Richmond, 3300 South, Highland Drive and Millcreek Common Street frontages. 3. Privacy and/or security fencing is only allowed to screen utility, or vehicle service areas from public right-of-way. 4. Fencing along a Neighborhood Street frontage is permitted to define front porches and can consist of wrought iron/similar materials, wood or composites. Vinyl is prohibited as a fencing material. 5. Fences must be a minimum of 50 percent open, have a maximum height of 42 inches and may incorporate a maximum 18-inch high stone, or brick wall at the base. L. Private Outdoor Lighting and Outdoor Dining. 1. Lighting for streets and parking lots on the interior of the development is required. 2. All lighting fixtures shall be directed downward with mechanisms to prevent dark sky illumination, as set forth in MKZ 18.68, Outdoor Lighting. 3. The applicant shall submit a plan which indicates the type and location of lights in relation to the development and designed for pedestrian/vehicular safety. 4. Pedestrian lighting may include bollards, and all lighting shall follow established themes described in this Chapter. 5. Minimum average foot-candles for interior streets shall be 0.3 and the fixture height shall not exceed 25 feet. Such fixtures shall be located a minimum of 10 feet from the public right-of-way. ---PAGE BREAK--- Millcreek Code Update City Center Overlay Zone (CCOZ) I 241 6. All parking luminaires, except those required for security, must be extinguished one hour after the end of business hours. M. Street Lighting. 1. All streetlights located on 3300 South, Richmond Street/1300 East, and Highland Drive, shall incorporate a luminaire atop a 14-foot pole, as illustrated in Figure 18.47.17. The light shall be low intensity, shielded from uses on adjoining lots or parcels, and directed away from abutting properties, yet lighting the street and an abutting walkway. Figure 18.48.17, Typical CCOZ Street Light Illustration 2. All lighting shall incorporate full cut-off fixtures to minimize light pollution and be dark sky compliant, following the standards as set forth in as set forth in MKZ 18.68, Outdoor Lighting. 3. All lighting on Neighborhood streets and Millcreek Common Street shall utilize the streetlight shown in Figure 18.47.17 or a suitable substitute approved by the City. All lighting on Laneways, Woonerfs, and required passages between buildings shall use downward directed sconce styles for wall lighting and lit bollards along the street. N. Outdoor Seating and Dining. 1. Outdoor seating and dining may be partially or fully covered to extend the outdoor dining experience through the spring and fall months. 2. Outdoor patio heaters and misters are permitted. Restaurant tables and chairs may be movable or permanent and should be reflected on the site plan. If alcohol is served, the restaurant will need to provide signage and decorative ---PAGE BREAK--- Millcreek Code Update City Center Overlay Zone (CCOZ) I 242 fencing per the standards of the Salt Lake County Health Department and the Utah Department of Alcoholic Beverage Services. 3. Fencing materials shall be limited to metal picket fencing. Any accommodation for dogs shall be subject to the Salt Lake County Health Department regulations, such as the Paws on the Patio HACCP plan. O. Access Between Uses. Vehicular and pedestrian access is required between uses that does not force vehicles/pedestrians out to the abutting streets. P. Signs. Signs are subject to the standards as set forth in MKZ 18.65, Signs, and as provided below: 1. Signs are limited to low profile monument signs, externally lit wall signs, projecting signs with a minimum of eight-foot clearance above the ground, and temporary A-frame signs. 2. Any projecting sign along the Millcreek Common shall be limited to forty two inches (42”) in width. Lighting from signs shall be directed downward and comply with dark sky lighting standards. 3. Internal illumination for signs is permitted only for individual letters or logos. Size, location, and number limitations are as set forth in MKZ 18.65, Signs. Q. Small Wireless Facilities in Rights-of-Way in the City Center Overlay Zone. Small wireless facilities in rights-of-way in the City Center Overlay Zone shall meet the requirements established for Small Wireless Facilities Deployment in MKC Title 16 and shall utilize streetlight poles or intersection semaphore structures for mounting. To the greatest extent possible such installations shall use the materials/colors of the pole they are using and should blend with the streetscape. 18.48.080 Building Standards A. Entrances and Windows. 1. Entrances to the first floor of buildings shall front on the public street. 2. On double or triple frontage lots or parcels, entrances are required where the greatest amount of pedestrian traffic is anticipated. 3. Windows shall constitute at least 50 percent of first story street-facing facades, and 25 percent of all upper story facades. 4. Windows shall be at least 50 percent transparent. Interior lighting is required. Street facing windows that are not on the same façade as the main building entrance, may cover the first story windows with non-advertising window films using a mountain, mill, orchard or mountain related sports theme. 5. Living screens may replace up to 50 percent of the window requirement for the lowest anticipated pedestrian traffic frontage. 6. Mirrored windows are not allowed. Any east or west facing windows above the third story shall be non-reflective to prevent glare. ---PAGE BREAK--- Millcreek Code Update City Center Overlay Zone (CCOZ) I 243 7. For any building opposing a residential bedroom window, buildings shall provide window blinds for each opposing window, or reduce the opacity of the window to prevent one side from viewing the other. In no case shall any balconies have a separation from an opposing balcony of less than 10 feet. 8. Windows above the first story shall conform to the standards described in Figure 18.47.18 Window Design Standards. Figure 18.47.18, Window Design Standards. B. Awnings. 1. Awnings must be cantilevered from the front façade of the building. Such awnings shall be provided in colors that reflect colors incorporated as part of the exterior of the building or the green or blue found in Millcreek’s logo. 2. Awnings are required for any buildings facing Millcreek Common Street and on the northwest corner of Highland Drive and 3300 South and the northeast corner of 1300 East and 3300 South. 3. All buildings fronting on Millcreek Common shall include a permanent awning, extending a minimum of 10 feet from the storefront/façade to provide shade and refuge from inclement weather. C. Building Materials 1. Exterior materials of a durable or resilient nature such as brick, stone, composite materials, or other materials of similar quality, hardiness, and low maintenance characteristics are required. ---PAGE BREAK--- Millcreek Code Update City Center Overlay Zone (CCOZ) I 244 2. New development in the CCOZ, shall incorporate common, locally found materials such as granite, stone, sandstone, and brick as part of the first floor of each building for at least 50 percent of the first story, excluding the windows. For the Mill Center District this requirement increases to a minimum of 75 percent for the first story excluding the windows. 3. For all Districts, all stories above the first story shall incorporate at least 50 percent of the above specified materials. 4. Stucco and EIFS are prohibited for use as materials on any façade visible from a right-of-way. 5. Other materials may be considered for soffits, or as accent or unique architectural features. 6. Twenty-five year guarantee architectural shingles or other longer-lasting materials are required for roofs. D. Building Massing and Façade Articulation 1. All buildings shall be designed to have at least three of the following: a. Visual breaks along the street-facing façade such as horizontal articulation in the plane of the façade by at least two feet b. Change in height at the top of the building by at least 10 feet for every 100 feet of façade length. c. Changes in materials, color, texture or pattern for greater than 50 percent of the building facade. d. Indentations/recesses at least 10 feet in depth along the street facing facades at 100-foot intervals. e. Usable terraces (a larger balcony intended as a private resident leisure space) at least 10 feet in depth along the street facing facades. f. Covered walkways on south, east or west facing facades on street(s) other than Millcreek Common Street. g. Except for Millcreek Common facing buildings, columns or pilasters with a minimum four-inch horizontal depth from the plane of the façade and spaced at a minimum interval of 50 feet. h. Stepbacks where not otherwise required. E. Rooftop Patios and Gardens. 1. If a rooftop patio or garden is included as part of a development, the rooftop patio or garden shall include a minimum of 25 percent of its area covered with trees at maturity, or other live plant material to provides overhead shade. 2. Seating, tables, outdoor gas barbecues, and shade structures are required. 3. All features listed above shall be set back at least 10 feet from the roof edge except solar cells. ---PAGE BREAK--- Millcreek Code Update City Center Overlay Zone (CCOZ) I 245 4. Grow boxes are encouraged. Private roof top park space is encouraged to take advantage of the mountain and valley views but shall not include active play spaces. F. Solar Rooftops. Fifty percent of the entire rooftop space above the highest occupied floor of a building shall be covered with solar panels, or, if solar panels are deemed infeasible or inefficient, the building shall be designed to exceed the energy efficiency standards of the current state-adopted International Energy Conservation Code and ASHRAE standards by at least five percent G. HVAC. All Heating, Ventilating, and Air Conditioning equipment (HVAC) shall be recessed by at least 10 feet from the exterior edge of the building. Such equipment shall be enclosed or screened such that it is not readily recognizable as HVAC equipment. H. Rooftop Cell Service Towers and Overhead and Ground Level Utilities. 1. All existing overhead lines shall be located underground as part of any new development in the CCOZ. 2. No new development shall exhibit any above ground utility or communication lines. 3. Electrical transformer boxes and other large in-ground utility installations shall be either vaulted underground or placed behind a building’s setback or build- to-line and screened from view. 4. Rooftop telecommunication equipment is only allowed as a stealth installation. Such facilities shall be made to appear to be an integrated part of the building. 18.48.090 Building Types A. Mixed Use 1. Mixed Use Buildings are intended for a mix of primarily residential with commercial/office or commercial and office uses required to be located on the first floor, and optional above the first floor at or near the front build-to-line with parking to the rear, underground, or podium type. Spatial and use requirements for mixed use buildings are set forth in Table 18.47-12, and are subject to the following additional standards: 2. No podium parking is may front on Millcreek Common Street. 3. Parking structures shall include one 220-volt electric vehicle charging station for every ten stalls. 4. This building type may support office, retail, hotel/hospitality or residential uses mixed either vertically or horizontally. 5. For residential units, provide outdoor balconies or patios for 60 percent of the residential units at a minimum of six feet feet deep and 60 square feet each. ---PAGE BREAK--- Millcreek Code Update City Center Overlay Zone (CCOZ) I 246 6. Provide indoor bike storage or bike lockers. Figure 18.48.19, Mixed Use Building Illustration Table 18.47-12 Mixed Use Building Requirements Requirement Type Requirement Front Build-to Zone 0-10 feet Minimum Side Yard Setback 10 feet between buildings, except accessory buildings; or 5 feet from a side property line. Minimum Rear Yard Setback 10 feet, except when abutting a Residential Zone Boundary, where the setback is 25 feet Minimum Height As set forth in Figure 18.47.2 and Table 18.47-3, CCOZ Building Height Areas Maximum Height As set forth in Figure 18.47.2 and Table 18.47-3, CCOZ Building Height Areas Principal Entrance Location Front or corner side of facade Vehicular Access From alley or rear of building Minimum Transparency 50% on ground floor Required First Floor Uses Office, retail, craftsman industrial or residential (50% must be non- residential use). Any mixed-use building that fronts on Millcreek Common Street shall have 100% non-residential uses on the first floor facing that street. Depth of first floor non- residential uses Not less than 30 feet unless at least 40 percent of the habitable floor area of the building consists of nonresidential uses, in which case the depth of first-floor non-residential uses can be reduced to not less than 20 feet. Upper Story Uses Any permitted use or conditional use ---PAGE BREAK--- Millcreek Code Update City Center Overlay Zone (CCOZ) I 247 Table 18.47-12 Mixed Use Building Requirements Requirement Type Requirement Where Allowed Corners in the Neighborhood District, the entire Mill Center, and the entire Market Place Storefront Width Not to exceed 30 feet B. Office/Commercial/Civic Mixed Use buildings. An Office/Commercial/Civic Mixed Use Building is a building with a minimum of two stories that mixes uses with the primary use of office, retail, civic or commercial use. Office/Commercial/Civic Mixed Use buildings are subject to the spatial and use requirements set forth in Table 18.47-13, and the following additional standards: Figure 18.47.20, Office/Commercial/Civic Mixed Use Building Illustration Table 18.47-13 Office/Commercial/Civic Mixed Use Building Requirements Requirement Type Requirement Front Build-to Zone 0-15 feet Minimum Side Yard Setback 10 feet between buildings, except accessory buildings; or 5 feet from a side property line. Minimum Rear Yard Setback 10 feet, except when abutting a Residential Zone Boundary, where the setback is 25 feet Minimum Height As set forth in Figure 18.47.2 and Table 18.47-3, CCOZ Building Height Areas Maximum Height As set forth in Figure 18.47.2 and Table 18.47-3, CCOZ Building Height Areas Principal Entrance Location Front or corner side of facade Vehicular Access From alley or rear or within the building ---PAGE BREAK--- Millcreek Code Update City Center Overlay Zone (CCOZ) I 248 Table 18.47-13 Office/Commercial/Civic Mixed Use Building Requirements Requirement Type Requirement Minimum Transparency 50% on ground floor Ground Story Uses Office, Retail, Civic, or Commercial Depth of First Floor Uses 30-foot minimum depth Upper Story Uses May vary Where allowed Mill Center, Market Place C. Multiple-Household Dwelling. A Multiple-Household Dwelling is a multi-story building that contains residential uses internal to the structure with parking to the rear, in a separate structure or podium style below the building. Multiple Household Buildings are subject to the spatial and use requirements set forth in Table 18.47-14, and the following additional standards: 1. Parking structures shall include one 220-volt electric vehicle charging station for every ten stalls. 2. Provide outdoor balconies or patios for 60 percent of the units at a minimum of six feet deep and sixty square feet each. Provide indoor bike storage or bike lockers. Figure18.47.21, Multiple Household Dwelling Building Illustration Table 18.48-14 Multiple-Household Dwelling Building Requirements Requirement Type Requirement Front Build-to Zone 0-15 feet Minimum Side Yard Setback 0 feet per unit, 10 feet between buildings, except accessory buildings; or 5 feet from a side property line. ---PAGE BREAK--- Millcreek Code Update City Center Overlay Zone (CCOZ) I 249 Table 18.48-14 Multiple-Household Dwelling Building Requirements Requirement Type Requirement Minimum Rear Yard Setback 10 feet, except when abutting a Residential Zone Boundary, where the setback is 25 feet Minimum Height As set forth in Figure 18.47.2 and Table 18.47-3, CCOZ Building Height Areas Maximum Height As set forth in Figure 18.47.2 and Table 18.47-3, CCOZ Building Height Areas Principal Entrance Location Front or corner side of facade Vehicular Access From alley or rear or within the building Minimum Transparency 40% for ground floor and 15% for other floors Ground Story Uses For buildings located on corners; office, residential or live/work units, retail, personal services, or residential (50% of the street facing front facades must be non-residential use) Upper Story Uses Residential or parking only Where allowed Neighborhood District D. Townhome. Townhomes are horizontally attached multi-story units in a rowhouse configuration. Townhomes are subject to the spatial and use requirements set forth in Table 18.47-15, and the following additional standards: 1. This building type can include live/work units. 2. Parking and private garages shall be to the rear of the building allowing the primary façade to front a public street or public greenspace. 3. Provide outdoor balconies or patios for each unis at a minimum of six feet deep and 60 square feet each. 4. Where private garages are proposed, they shall be wired for at least one 220- volt line for electrical vehicle charging. 5. Guest parking shall not include any driveway that accesses a garage. ---PAGE BREAK--- Millcreek Code Update City Center Overlay Zone (CCOZ) I 250 Figure18.47.22, Townhome Building Illustration Table 18.47-15 Townhome Building Requirements Requirement Type Requirement Front Build-to Zone 0-15 feet Minimum Side Yard Setback 0 feet per unit, 10 feet between buildings; or 5 feet from a side property line. Minimum Rear Yard Setback 10 feet Minimum Height 2 stories Maximum Height 4 stories Principal Entrance Location Front or corner side of facade Vehicular Access From alley or rear of building Minimum Transparency 15% Ground Story Uses Residential or live/work units Upper Story Uses Residential only Where allowed Neighborhood District E. Adaptive Reuse. There are several existing buildings within the CCOZ that could be reworked into a new use. The following standards are required for adaptive reuses in CCOZ: 1. If the character of the existing building is deemed historic or historically significant due to its age or displays a unique architectural style or unique features, as determined by the Planning Director, then reconstruction should attempt to retain as much of the original facade or character of the building as possible. 2. Windows shall address the street frontage and encompass at least 50 percent of the first story building facades if structurally feasible. 3. Parking shall be located (or relocated) to the rear of the building. ---PAGE BREAK--- Millcreek Code Update City Center Overlay Zone (CCOZ) I 251 Figure18.48.23, Adaptive Reuse Building Illustration A. Commercial Single Purpose buildings. Commercial Single Purpose Buildings are buildings with the primary use being commercial use. Commercial Single Purpose Buildings are subject to the spatial and use requirements set forth in Table 18.47-16. Figure18.48.24, Commercial Single Purpose Building Illustration Table 18.47-16 Commercial Single Purpose Building Requirements Requirement Type Requirement Front Build-to Zone 0-15 feet Minimum Side Yard Setback 10 feet between buildings, except accessory buildings; or 5 feet from a side property line. Minimum Rear Yard Setback 10 feet, except when abutting a Residential Zone Boundary, where the setback is 25 feet Minimum Height As set forth in Figure 18.47.2 and Table 18.47-3, CCOZ Building Height Areas ---PAGE BREAK--- Millcreek Code Update Village Center Special Districts (VCSD) I 252 Table 18.47-16 Commercial Single Purpose Building Requirements Requirement Type Requirement Maximum Height As set forth in Figure 18.47.2 and Table 18.47-3, CCOZ Building Height Areas Principal Entrance Location Front or corner side of facade Vehicular Access From alley or rear or within the building Minimum Transparency 50% on ground floor Ground Story Uses Commercial Upper Story Uses Commercial Where allowed Mill Center, Market Place 18.49 Village Center Special Districts (VCSD) 18.49.010 Purpose Village Centers are established in the General Plan as smaller centers that include a mixture of neighborhood scale commercial and residential buildings. Buildings should be designed to be compatible with the character of existing buildings within the center. A main focus for the Village Center is to encourage access to, from and within the center by pedestrians and bicyclists. Village Centers should be designed in such a fashion that the preferred modes of transportation to and from the centers are walking, bicycling, and public transit. The purpose of Village Center Special District (VCSD) Zones is to advance the goals and objectives of the Millcreek General Plan to develop Village Centers consisting of master planned, architecturally designed development, with a goal to support village and urban activity centers that allow for people to live, work, shop and play in compact areas. Village Centers must contain a mix of retail commercial, office, and residential uses connected by functional open space and green space. The provisions of this chapter allow for customized zoning requirements in order to permit flexibility and initiative in site development, while adhering to the General Plan framework for Village Centers. 18.49.020 Applicability and Area Requirements A. Considerations for Establishing a VCSD. It is the intent of Millcreek to restrict the establishment of a VCSD zone to site specific locations which facilitate the creation of Village Centers as defined in the future land use map. B. Minimum District Size. Each VCSD shall be a minimum of three contiguous acres in size. C. Minimum Open Space Requirements. 1. Area: Each VCSD shall include publicly accessible open spaces totaling at least 15,000 square feet or 8 percent of the area of the VCSD, whichever is greater. For the purposes of determining the open space required, the area calculation ---PAGE BREAK--- Millcreek Code Update Village Center Special Districts (VCSD) I 253 should include all real property in the VCSD and shall exclude any public right- of-way existing at the time a complete application is filed. 2. Use and Type: Open spaces may be privately owned but shall be accessible for general use by the public. The open space requirement shall be fulfilled through plazas, pocket parks, terraces, rooftop open spaces, trails abutting a waterway, or landscaped, grade separated linear paths that are at least ten feet (10’) in width and that satisfy the objectives of an adopted General Plan or master plan. 3. Phasing: At full buildout, the VCSD shall comply with all open space requirements. A VCSD may include multiple open spaces, and open spaces may be included in multiple phases, but no single open space shall be less than 2,000 square feet in area. 18.49.030 Other Zoning Regulations A. The use and development of property within a VCSD zone is also subject to other applicable chapters in the zoning ordinance including but not limited to: MKZ 18.62, Sensitive Lands, MKZ 18.63, Floodplain Hazards Mitigation, MKZ 18.64, Parking and Mobility Standards, MKZ 18.65, Landscape Standards, and MKZ 18.66, Signs. 18.49.040 Pre-Application Process A. Preapplication Meeting. Prior to submitting a complete application, an applicant shall hold a pre-application meeting with representatives of the City. B. Neighborhood Meeting. At least one week prior to submitting a complete application, an applicant shall conduct a neighborhood meeting in accordance with MKZ 18.16.010. C. Community Council Meeting. Prior to submitting a complete application and after conducting a neighborhood meeting, an applicant shall schedule with the applicable Community Council a meeting to discuss the proposed application and plans. D. Joint Work Session of the Planning Commission and City Council. Prior to submitting a complete application and after conducting a neighborhood and community council meeting, an applicant shall schedule with the City a joint work session of the Planning Commission and City Council. The purpose of the joint work session will be to discuss the proposed project and potential Development Agreement in conceptual detail. A Joint Work Session of the Planning Commission and City Council must be held prior to the first noticed Community Council meeting held on the application. 18.49.050 Submittal of an Application for a VCSD Designation A. To establish a VCSD Zone, an application shall be submitted for a text and zoning map amendment as provided in MKZ 18.16.010. An application for a VCSD Text Change and Zoning Map amendment shall include: : ---PAGE BREAK--- Millcreek Code Update Village Center Special Districts (VCSD) I 254 1. Application, Narrative, and Studies. An application and associated fees shall be submitted and reviewed by staff for completeness. An incomplete application, as determined by staff, will be returned to the applicant and not be processed until all information required by the Millcreek Code of Ordinances is provided. The City will provide a checklist of application requirements. The initial application will generally consist of concept plans with the following minimum requirements: a. The applicant’s name, address, telephone number, email address, and interest in the property. b. The property owner’s name, address, email address, and telephone number, if different than the applicant, and an affidavit from the property owner consenting to the filing of the application. c. A property survey, legal description, property boundaries, right-of- way center lines, utility access, topographical information indicating original ground surface, and recorded easements. The survey shall also include the street addresses and legal descriptions of the subject properties. d. The current zoning classification, zoning district boundaries, and present use of the subject property. e. A written explanation of the project that describes the thematic elements of the project, the placemaking concepts, one or more signature features, design and materials, potential users, the project’s relationship to the goals for Village Centers in the General Plan, and other details that will provide reasons that the development will create a long-term benefit to the City and proposed techniques to mitigate any anticipated detrimental effects. f. A preliminary traffic study conducted by a qualified traffic consultant licensed to practice in the State of Utah that defines potential traffic generation, the integration of the new development with the abutting street corridors, traffic capacity/level of service issues on abutting streets and intersections and suggests mitigation solutions for anticipated traffic congestion problems. The traffic study may also address parking demands, if the applicant believes that the standards found in the Parking Chapter are inappropriate. Traffic and parking studies shall be commissioned by the City and paid for by the applicant. g. A site-specific geologic hazard study and report conducted by a qualified engineer in the state of Utah, if required by MKZ 18.62, Sensitive Lands. ---PAGE BREAK--- Millcreek Code Update Village Center Special Districts (VCSD) I 255 h. Other information the City may deem necessary, as described on the application form, for proper review and analysis of an application and its potential detrimental effects. B. Proposed Zone Text. A proposed zone text, which shall include proposed permitted uses and conditional uses. C. Use limitations. Proposed development standards, including: 1. Land use standards establishing mix of land use types, location, and density; 2. Lot standards establishing requirements for lot area and dimensions; 3. Building setback standards shall include: front, rear, side/interior, right-of-way line, and setbacks from parks, open space, and plazas, if applicable. 4. Design standards addressing building height, building orientation, common and private open space, required and prohibited materials, protection of viewsheds and natural resources, architectural design; 5. Landscaping and buffering standards; 6. Sign standards and limitations; and 7. Any exhibits required by the city. D. Schematic Site Plan and Exhibits. A Schematic Site Plan and Exhibits shall include: 1. Location of proposed uses; 2. Height, location, and bulk of buildings; 3. Location, arrangement, and configuration of open space and building setbacks; 4. Location and design of off-street parking areas; 5. Location of nearest fire hydrants; 6. Location, design, and size of all access points, service access, driveways, and internal circulation; 7. Location and size of all pedestrian walkways and paths; 8. Number, size, height, and location of all signs; 9. Location, type, height, of all outdoor lighting, including details on luminance and lighting operational times; and 10. Details on colors and materials. E. Phased Development Agreements. An application for a multi-phase village center special district may be submitted subject to a phasing plan, whereby future phases are not required to submit a schematic site plan and exhibits. Phasing plans must be submitted concurrently with the land use application. Phased developments must include 5 or more acres. The entirety of a proposed village center special district may be rezoned subject to a phasing plan; however, each future phase is subject to a Development Agreement that is approved by the City through the same procedure used for a zoning map amendment. Preliminary phasing plans are subject to the following standards: ---PAGE BREAK--- Millcreek Code Update Village Center Special Districts (VCSD) I 256 1. All phases must be stand-alone. No proposed phase can be dependent on the completion of subsequent phases to be consistent with any required approvals and/or conditions, including, but not limited to the looping of roads and utilities; the provision of fire flow; and the mitigation of transportation, recreation and/or public services impacts. Site landscaping, required open space, and parking improvement must be provided within each phase as required. 2. Each phase must include a land area of two acres or greater. 3. Phase one of development must include a Schematic Site Plan and Exhibits. 4. Each phase including subsequent phases must be accompanied with a Development Agreement approved by the City. 5. Subsequent phases must include a narrative description or table which describes each phase and its associated improvements. 6. Any standard established in the adoption of a VCSD zone, including but not limited to allowed uses, building heights, materials, and residential densities, may be further limited by a Development Agreement for future phases. 7. Phasing plan timelines must be approved by the City. 18.49.060 Adoption and Amendment of a VCSD A. Initial Review. In considering an application for a VCSD zone, the proposed zone text and zoning map amendments may be modified by the city to meet the intent and requirements of this Chapter and may include regulations and standards other than those proposed by the petitioner. B. Review of Reasonably Anticipated Detrimental Effects. Staff will assess the application to determine if any potential detrimental effects require mitigation to include the list of potential issues and standards in MKZ 18.62, Sensitive Lands, that may need to be addressed and mitigated. C. City Council Review and Required Findings. Submittal of an application for the VCSD zone does not guarantee the application will be approved. A zoning map amendment may be approved only if the city council, after receiving a recommendation from the planning commission, finds that the proposed VCSD zone and the associated schematic site plan: 1. Does not conflict with any applicable policy and guidance of the General Plan; 2. Will allow integrated planning and design of the site and, overall, better development than would be possible under the strict application of the city’s zoning ordinances; 3. Does not adversely impact existing public utilities, including but not limited to power, gas, telecommunications, storm water, culinary water, or sanitary sewer. ---PAGE BREAK--- Millcreek Code Update Olympus Hills West Village Center Special District (OHW-VCSD) I 257 D. Map Designation. If a VCSD application is approved, each VCSD zone shall be given a unique name following the designation "XXXX-VCSD" and shall be independent of any other VCSD zone. E. Amendments. Amendments to a VCSD zone, including modifications to a Schematic Site Plan, shall be obtained by following the same procedure required for the original approval. F. Development Agreement. In adopting a VCSD, a Development Agreement shall be required. Development Agreements require approval by the City Council as set forth in MKZ 18.15.010 Legislative Decisions. 18.50 Olympus Hills West Village Center Special District (OHW-VCSD) 18.50.010 Purpose The Olympus Hills West Village Center Special District contains approximately 8 acres of land located between I-215 and Wasatch Boulevard, from 3900 South to the I-215 offramp at approximately 4100 South Wasatch Boulevard. The Olympus Hills West VCSD will include any land that the Utah Department of Transportation may surplus as part of a reconfiguration of the 3900 South interchange. The Olympus Hills West VCSD is intended to promote a mixed-use village center district, including a new car dealership, restaurant and neighborhood retail and service uses. The Olympus Hills West-VCSD will feature architecturally compatible buildings, retail and restaurant uses flanking a public plaza, and an updated Wasatch Boulevard Streetscape. The Olympus Hills West-VCSD will be designed to further the goals for village centers identified in the Millcreek General Plan, to include a height transition requirement with the shortest buildings on the south side of the project in order to protect critical viewsheds and an updated Wasatch Boulevard Streetscape to enhance safety and utility for pedestrians and cyclists. The boundaries of the Olympus Hills West-VCSD are indicated in Exhibit A in MKZ 19.62A.050 and shall be designated on the Millcreek Zoning Map. 18.50.020 Permitted Uses and Conditional Uses Uses in the Olympus Hills West VCSD are as determined by Table 18.49-1 Permitted and Conditional Uses in the Olympus Hills West VCSD. If a use is not explicitly designated in the table, then the use is prohibited. Certain use prohibitions or use limitations are listed in Table 18.49-1. Such use prohibitions or use limitations apply in addition to the general provision that uses not explicitly designated in the table are prohibited. ---PAGE BREAK--- Millcreek Code Update Olympus Hills West Village Center Special District (OHW-VCSD) I 258 Table 18.49-1 Permitted and Conditional Uses in the Olympus Hills West VCSD Land Use M Zone Limitations / References P= Permitted, C= Conditional Use Review Required, DA= Use May be Further Limited or Eliminated by Development Agreement in a Future Phase Commercial Uses Automobile Sales P Must be on a site at least 4 acres in area. Vehicle sales inventories must include new vehicles. Sales of moving trucks, watercraft, mobile homes, travel trailers, campers, and other recreational vehicles is prohibited. Vehicle sales inventories must include hybrid or electric vehicles. Automobile Service and Repair P Must be an accessory use to automobile sales and leasing. Automobile service and repair must be conducted entirely inside a building. Office DA Approval of this use in a subsequent phase is subject to a Development Agreement. Eating and Drinking Establishment DA Drive-up uses are prohibited. Approval of this use in a subsequent phase is subject to a Development Agreement. Neighborhood Retail DA Drive-up uses are prohibited. Approval of this use in a subsequent phase is subject to a Development Agreement. Neighborhood Service DA Drive-up uses are prohibited. Approval of this use in a subsequent phase is subject to a Development Agreement. Attached Single-Household Dwellings or Owner-Occupied Multiple-Household Dwellings DA Attached Single-Household Dwellings or Multiple-Household Dwellings must be approved as part of a Mixed Use development. Approval of this use in a subsequent phase is subject to a Development Agreement. ---PAGE BREAK--- Millcreek Code Update Olympus Hills West Village Center Special District (OHW-VCSD) I 259 18.50.030 Development Standards A. Automobile Sales. The primary commercial use in the Olympus Hills West VCSD shall be the sales and leasing of new automobiles. Automobile Sales shall be located in the southernmost four acres of the Olympus Hills West-VCSD and shall be configured as shown on the site plan located in Exhibit B in MKZ 18.49.050. 1. All buildings including accessory structures shall incorporate a similar architectural theme as depicted in Exhibit C in MKZ 18.49.050 and shall be predominantly metal panel and glass. Design elements shall be used to add interest on all visible sides of buildings. 2. All building facades facing Wasatch Boulevard shall consist of at least 10 percent glass. Stucco is prohibited on any façade. 3. One auto dealership building that shall not exceed 46,000 square feet in footprint that includes office spaces, service area and bays, and auto display areas. The auto dealership building shall include a showroom that does not exceed 20,000 square feet in area. 4. The minimum setback as measured from the Wasatch Boulevard right-of-way shall be no less than 25 feet. All other setbacks are described in the Exhibit B in MKZ 19.62A.050. 5. The showroom portion of the building shall be no taller than 36 feet as measured from the final engineered grade of the grading and drainage plan. Table 18.49-1 Permitted and Conditional Uses in the Olympus Hills West VCSD Land Use M Zone Limitations / References P= Permitted, C= Conditional Use Review Required, DA= Use May be Further Limited or Eliminated by Development Agreement in a Future Phase Mixed Use DA Mixed use developments may include residential uses, but must include office, restaurant, neighborhood retail, or neighborhood service uses on the ground floor of a mixed use building. Maximum density of residential units allowed is determined by applicable development standards. Approval of this use in a subsequent phase is subject to a development agreement. ---PAGE BREAK--- Millcreek Code Update Olympus Hills West Village Center Special District (OHW-VCSD) I 260 6. The service portion of the dealership building shall be no taller than 28 feet as measured from the final engineered grade of the grading and drainage plan. 7. Maximum lot coverage shall not exceed 30% of the site. 8. Vehicle displays. No car displays shall block minimum required clear vision areas at driveway intersections or block lanes for public safety, egress or fire access. No vehicles may be displayed on elevated pedestals. 9. Security For Display Vehicles. To the extent deemed necessary by individual dealers, curb walls no higher than sixteen inches closely spaced concrete bollards, berms, low security fencing and rails may be used. Design must be compatible with project theme and architectural detailing in other parts of the site. 10. Parts Storage Areas. Parts storage areas shall be provided within buildings. 11. Storage for lithium-ion batteries is subject to standards of an approval by the Unified Fire Authority and must be stored outside the main building. 12. Access and Internal Circulation. a. Driveway Access: Except where otherwise required for compliance with applicable codes and for fire lanes, driveways shall be a minimum of twenty-four feet (24') wide and all drives shall have a minimum 12.5- foot radius. b. Service Area Access: Service areas shall have sufficient stacking lanes on site to stack a minimum of one vehicle per service lane. Stacking lanes shall not block flow of traffic or fire access lanes. 13. All mechanical equipment shall be screened from view, either by enclosure or parapet wall. 14. Dumpsters shall be enclosed within a decorative masonry enclosure designed to be compatible with overall project building and fence materials. 15. No portion of the site devoted to automobile sales may be sold or leased for any other purpose. B. Mixed Use Including Retail, Restaurant, and Plaza. Village Retail and Restaurant uses will function as a buffer and transition between the automobile sales use and a multifamily or office use and are subject to a development agreement. Standards in this section may be further limited pursuant to MKZ 18.48.060 Village retail and restaurant uses shall be either a predominant feature along Wasatch Boulevard or shall flank a public plaza located between the automobile sales use and the multifamily use. A public plaza must be at least 10,000 square feet in area. Public Plazas shall follow the applicable design standards as set forth in MKZ 18.47.070 1. Except as provided below, village retail and restaurants shall follow the applicable building design standards as set forth in MKZ 18.47.080 ---PAGE BREAK--- Millcreek Code Update Olympus Hills West Village Center Special District (OHW-VCSD) I 261 2. Village retail may be located on the ground floor of a multifamily building. Retail uses and Eating And Drinking Establishments combined must be a minimum of 3,000 square feet in area, and restaurant uses shall be at least 1,500 square feet in area. 3. Retail spaces shall be a minimum of 30 feet in depth as measured perpendicular to the right-of-way or plaza. 4. Transparent windows or doors are required for at least 50 percent of the retail frontage. 5. Eating and Drinking Establishments abutting a public plaza must include at least 300 sf of outdoor seating area. Seating area may be within public plaza area. 6. No portion of the site devoted to village retail, restaurant, or plaza uses may be sold or leased for any other purpose. C. Mixed Use Including Multifamily and Office. Multifamily and Office uses are allowed on a portion of the property as part of a mixed-use development, within 700 feet of the south right- of-way line of 3900 South. Multifamily and office uses are subject to a development agreement. Standards in this section may be further limited pursuant to MKZ 18.48.060 Any approval of a Condominium will require review of a site plan by the Millcreek Planning Commission. 1. Except as provided below, multifamily and office buildings shall follow the applicable building design standards as set forth in MKZ 18.47.090. 2. No building may be taller than three stories. The maximum building height shall not exceed 44 feet as measured from original ground surface at the southeast corner of Parcel 2. 3. The following features may exceed the maximum building height but in no case be over 7 feet from the highest point of the coping of a flat roof or the highest gable of a pitched roof. a. Elevators, stairways, ventilating fans, or similar equipment and related screening elements required to operate and maintain the building. b. No space above the height limit shall be allowed for the purpose of providing additional habitable floor space. 4. Façade articulation. All buildings shall be designed with the following articulation: a. Change in height at the top of the building by at least three feet for every 50 feet of façade length, or similar, as approved by the planning commission. Changes in materials, color, texture or pattern for greater than 50% of the building facade. b. Indentations/recesses at least three feet in depth along the street facing facades at 50-foot intervals. ---PAGE BREAK--- Millcreek Code Update Olympus Hills West Village Center Special District (OHW-VCSD) I 262 c. Building greater than 200 feet in length shall include indentations/recesses of at least six feet in depth along the street facing facades at 50-foot intervals. 5. Setbacks. The following minimum setbacks shall apply to all buildings: a. Wasatch Boulevard right-of-way line shall be 15 feet. b. 3900 South right-of-way line shall be 15 feet. c. All interior and side property lines shall be 10 feet. d. Rear property line shall be 4 feet. 6. Windows shall constitute at least 50 percent of first floor commercial facades along local street right of ways, or 40 percent of those facades if uses include residential. Windows shall constitute at least 25 percent of all upper story facades. 7. Residential amenities shall include any of the following: a. Balconies or Patios of at least 40 square feet in area. b. Shared Public Plaza c. Indoor Amenities 8. No portion of the site devoted to multifamily or office uses may be sold or leased for any other purpose. D. Building Materials and Color. Building materials and color are limited to the materials and colors described below. 1. Permitted primary materials for street facing facades, including facades facing plaza area include architectural metal panel, glass, composite plank siding, brick stone, or treated mass timber. 2. Permitted accent materials include any permitted primary material; board- formed concrete; corrugated metal panels or siding; and weathered steel panels or siding. 3. Building materials such as integrally colored concrete masonry, fiber panel and architectural tile may be used for facades that do not face a street or plaza. 4. The use of stucco or EIFS is prohibited for use as a material. 5. Materials and colors used for the Automobile Sales building and accessory structures shall be substantially as depicted in the Exhibits. E. Fencing. 1. Fencing is required to screen any utilities or vehicle service or inventory areas. 2. Excluding frontages along vehicle service inventory areas, no fencing of any kind will be allowed along Wasatch Boulevard or 3900 South frontage. Gates and railings above grade residential porch/patio/entry landing from Wasatch Boulevard or 3900 South frontages shall not be considered fencing. ---PAGE BREAK--- Millcreek Code Update Olympus Hills West Village Center Special District (OHW-VCSD) I 263 3. Permitted materials for fencing include pre-cast masonry, stone, or weathering steel. F. Lighting. 1. The applicant must submit a photometric plan for review which indicates the type and location of lights in relation to the development and designed for pedestrian safety. 2. Direct lighting shall not exceed the boundaries of the premises. 3. Lighting fixtures shall be oriented to focus light within the property lines and shall not cause light spillage onto adjacent properties, interfering with the lawful use and enjoyment of those properties. 4. Fixture height shall not exceed 25 feet. 5. All interior streets and parking lots including travel lanes shall be dark sky compliant and shall be designed to achieve appropriate illumination levels for safety and security while minimizing light pollution. 6. Fixtures shall be designed and installed to minimize direct glare into adjacent properties, roadways, and pedestrian areas. 7. All outdoor lighting fixtures shall be shielded or directed in a way that prevents light spillage beyond the property boundaries and reduces 8. All outdoor lighting shall be equipped with timers, motion sensors, or other automated control mechanisms that allow for dimming. 9. For the purposes of this chapter, “Average Foot Candle” is the unit of measurement representing the amount of light falling on a surface from a standard candle placed one foot away over a specified area. a. Average Foot Candle measurement shall be taken at ground level from the outside boundaries of the premises. b. The maximum allowed “Average Foot Candle” shall not exceed 0.2 as measured from the outside boundaries of the premises. c. Operational Requirements. The following operational requirements shall apply: Exterior Surface (uncovered) Parking Lot Area Lighting: Dimmed to 50% at 9:00pm to 6am. Building Facade Lighting: Dimmed to 50% at 9:00pm to 6am. G. Landscaping 1. Landscaping of parking lots and required buffers shall follow the requirements of MKZ 18.64, Landscape Standards 2. Landscaping shall incorporate plant species that are native or endemic to northern Utah. 3. Turf grass is limited to 25 percent of overall landscaping. ---PAGE BREAK--- Millcreek Code Update Olympus Hills West Village Center Special District (OHW-VCSD) I 264 4. The Planning Director can reduce planter bed widths and up to 25 percent to accommodate unusual circumstances. H. Wasatch Boulevard Streetscape 1. The project shall include a consistent species of trees, planted every 30 feet on center. Trees shall be planted at a minimum of 2-inch caliper. Species of street trees in the public way shall be determined by Millcreek. Millcreek may approve variations in street tree spacing to facilitate fire apparatus access from the public way. 2. Turf grass shall not be installed within any streetscape right of way. Ground materials shall include bark and/or rock mulch and live plant material to the amount of 75 percent as measured at maturity. 3. Streetlights. The project shall include street lighting as approved by the City Engineer. I. Signs 1. Automobile Sales a. Ground Signs. The automobile sales use may be allowed one ground sign, not to exceed eight 32 square feet in area and eight feet in height. b. Wall signs. The automobile sales use may be allowed up to one sign on the east and west facades, each sign not to exceed 132 square feet in area. Wall signs must consist of logos or individual pan channel letters. c. Design. The design and locations of the signs shall be substantially as depicted in the Exhibit F in MKZ 18.49.050. 2. Mixed Use. A sign package shall be included depicting wall, ground, blade, directional and shared signage as part of a Development Agreement approval, showing the location, type, and size of each sign. a. Shared On-site District Ground Sign. One additional ground sign is allowed for the Olympus Hills West VCSD, for the purposes of identifying and branding the district itself. The ground sign may not exceed 64 sf in area and may be eight feet in height. b. Ground Signs. One ground (monument) sign may be allowed along Wasatch Blvd, not to exceed 32 square feet in area and eight feet in height. 3. Comprehensive Sign Plan Required. Any application for a development agreement approval of a future third phase of development shall be accompanied by a complete comprehensive sign plan showing the location and sign type of all proposed signs. The comprehensive sign plan shall also include conceptual renderings of each sign. ---PAGE BREAK--- Millcreek Code Update Section Reserved I 265 18.50.040 Minimum Lot Size and Land Lease Size Except for residential and commercial condominiums, the minimum lot size for any development or any land lease in the Olympus Hills West VCSD shall be 1.5 acres. 18.50.050 Exhibits Exhibits are described in Ordinance 23-37. 18.51 Section Reserved 18.52 Section Reserved 18.53 Section Reserved 18.54 Section Reserved 18.55 Section Reserved 18.56 Section Reserved 18.57 Development and Use Standards 18.57.010 Purpose and Applicability A. Purpose. The purpose of the development and use standards is to provide for the miscellaneous land development regulations that apply throughout Millcreek regardless of zone. B. Applicability. The development and use standards shall apply in addition to the development and use standards set forth in this title and shall prevail over any conflicting provision of this title unless a different requirement is expressly intended to supersede such provision. 18.57.020 Organization Development and Use Standards are organized in this title as follows: 18.58 Temporary Uses and Structures 18.59 Accessory Structures 18.60 Nonconformities 18.61 Sensitive Lands 18.62 Floodplain Hazards Mitigation 18.63 Parking and Mobility Standards 18.64 Landscape Standards 18.65 Signs 18.66 Fences and Retaining Walls 18.67 Clear View Areas 18.68 Outdoor Lighting ---PAGE BREAK--- Millcreek Code Update Development and Use Standards I 266 18.69 Required Studies and Plans 18.70 Single-Household and Two-Household Dwelling Standards 18.71 Accessory Dwelling Unit Standards 18.72 Building Height 18.73 Historic Preservation 18.74 Residential Facilities for Persons with a Disability 18.75 Wireless Telecommunication Facilities 18.76 Special Business Land Use Regulations 18.77 Animal Regulations 18.78 Affordable Housing Incentives ---PAGE BREAK--- Millcreek Code Update Temporary Uses and Structures I 267 18.58 Temporary Uses and Structures 18.58.010 Purpose The purpose of this chapter is to establish standards for temporary uses and structures in Millcreek so that they may be operated in an orderly way that minimizes impacts. 18.58.020 Applicability A. The development standards in this chapter shall apply to all zones in Millcreek in addition to the development standards of the governing zoning district. B. Temporary uses and structures are permitted for the period of time outlined in this chapter. No use or structure can exceed the duration shown in Table 18.59.010, unless the Planning Director grants an extension for unusual circumstances, such as business closures, weather, or extended road closures. 18.58.030 Permit Required A temporary use permit reviewed and approved by the Planning Department is required prior to establishment or use activation for all temporary uses and structures, unless only a business license is required. A. Permit applications shall be submitted to the Planning Department and include the following: 1. Proposed use and time frame of use or structure. 2. A site plan that outlines the size, appearance, and location of the use or structure and any required parking and site improvements. 3. Anticipated temporary signs B. Certain uses/structures may require a building permit, in addition to the temporary use permit. C. Most uses require a business license or an active business license for the principal use. D. The Planning Director shall review a temporary use permit. That review may include other department reviews such as UDOT, the Unified Fire Authority, The Salt Lake County Health Department, applicable water and sewer service providers, and the Millcreek Public Works and Building Departments.. 18.58.040 Allowed Temporary Uses and Structures A. Uses and structures not listed in Table 18.58-1, Temporary Use Types and limitation, are not permitted as temporary uses or structures. B. The following uses and structures are permitted on a temporary basis upon compliance with the standards shown below associated with the use or structure as reviewed and permitted by the Planning Director. ---PAGE BREAK--- Millcreek Code Update Temporary Uses and Structures I 268 Table 18.58-1 Temporary Use Types and Limitations Land Use M, MD, MD-3, RM, C-1, C, IF FRE, R- 1, R-2, R-4, AG Limitations/references Duration allowed Portable Shipping Containers, including pods. P P In R and A zones, temporary use of a storage container is permitted for residents in the process of moving only. 1 Month in R and A zones and as permanent on site storage as set forth in18.59.050.A. Construction Trailer/Office and Dumpsters P P Not allowed within 10’ of the ROW While the building permit is active and up to 30 days after permit expiration Onsite Real Estate/Sales Office P P Not allowed in the front yard setback While the development is under construction and up to 1 year after the final Certificate of Occupancy. Mobile Food Vendors P P Stationary Retail Food Trucks are not allowed in any R zone or the AG zone, except for a private special event. Specific zone and location limitations are set forth in MKZ 18.02.050. Farm Stands, Pop-Up Markets, and/or Farmer’s Market P P Up to 6 months Temporary Signs P P Regulations for Temporary Signs are set forth in MKZ 18.65.140 Yard sales P No consignment goods may be offered for sale at a yard sale. Maximum of three days per sales event. Yard sales are limited to two times for year at the same property. ---PAGE BREAK--- Millcreek Code Update Temporary Uses and Structures I 269 Table 18.58-1 Temporary Use Types and Limitations Land Use M, MD, MD-3, RM, C-1, C, IF FRE, R- 1, R-2, R-4, AG Limitations/references Duration allowed Christmas Tree Sales, Fireworks Sales P In addition to these zones, Christmas tree sales allowed in public parks, subject to approval of the jurisdiction overseeing the park. Christmas tree sales and fireworks sales are prohibited in a front yard setback. Fire Department approval required. Fireworks sales are prohibited in the City Center Overlay Zone. Up to 6 weeks or as prescribed by State Law Temporary Sales Tents/Events, including Parking Lot Sales P Shall not encroach on more than 20% of the principal use’s parking requirement. Mass gathering permit may be required Only allowed for up to two weeks per event with 5 events per year allowed. Temporary Seasonal Structures such as Dining yurts or Tents P Only allowed in conjunction with an indoor dining restaurant. Shall not encroach on any parking. Up to 6 months Summer shade Structures P For commercial businesses to add dining or sales space only Up to 6 months Special Events P P May require additional department approvals, especially the Salt Lake County Health Department and the Unified Fire Authority. 18.58.050 Temporary Use Site Standards A. Portable Shipping Containers. Containers in the M, MD, MD-3, RM, C-1, C, and IF zones may be permitted as a permanent onsite storage use, provided they satisfy the following requirements: 1. Containers shall not be placed within a required front yard setback or landscaping area. 2. Containers shall not be placed between a building and the street. 3. Containers shall be screened from view and/or located 20’ back from the front plane of the building. The preferred location is behind the building or within a screened outdoor storage area or in an alley where sufficient room remains for an emergency vehicle to use the alley. ---PAGE BREAK--- Millcreek Code Update Temporary Uses and Structures I 270 4. Containers shall not be placed in the public right of way B. Construction Trailers and Construction Offices may be permitted as a temporary use, provided they satisfy the following requirements: 1. Construction trailers and construction offices shall not be placed in any right of way that has been dedicated and accepted by the City, or open for public use. 2. A temporary use permit may be extended when associated with a commercial or multi-household building permit. 3. Separate permits may be obtained for developments with multiple phases. 4. All construction trailers and construction offices shall be removed within 30 days of the issuance of a Certificate of Occupancy or acceptance of the public infrastructure of the associated phase of a subdivision or development. C. Onsite Real Estate Sales Offices may be permitted as a temporary use in any zone provided they satisfy the following requirements: 1. Onsite real estate sales offices shall be located on private property. 2. An off-street parking area adjacent to the onsite real estate sales office must be provided. It shall be constructed of compacted gravel or road base and provide a minimum of three parking spaces. 3. All onsite real estate sales offices shall be accessible to persons with disabilities. 4. Onsite real estate sales offices located within a model home do not require a temporary use permit. 5. Onsite real estate sales offices shall be removed upon establishing a sales office within a model home, clubhouse, or other permanent structure. D. Mobile Food Vendors may be permitted as a temporary use in any zone provided they satisfy the following requirements: 1. All mobile food venders shall obtain a Business License and comply with the requirements specified therein. 2. All requirements of the Salt Lake Health Department shall be met. 3. A building permit shall be required for any electrical connections. 4. Stationary food trucks shall have access to sanitary facilities within 300 feet. 5. Ice Cream Truck operations are subject to the following requirements: a. An ice cream truck shall not sell any goods to individuals standing in the street. b. An ice cream truck shall not be allowed to sell goods from a motorized vehicle while in the right of way on any street with a right- of-way of at least 66 feet in width. ---PAGE BREAK--- Millcreek Code Update Temporary Uses and Structures I 271 c. An ice cream truck is prohibited from pulling any trailer with a motorized vehicle during business operation. d. An ice cream truck shall not stop or be located within an area that would block an intersection or driveway clear view area as set forth in MKZ 18.67 or obstruct the view of traffic. e. An ice cream truck does not require a Temporary Use Permit, but shall obtain a business license. 6. Food Trucks and Cart operations are subject to the following requirements: a. Food trucks and carts are restricted to M, MD, MD-3, RM, C-1, C, CCOZ, and IF zones and on private property for special events in any zone. Food trucks and carts shall: Only be permitted at an existing brick-and-mortar business location or within a City/County park, or a private residence with the property owner’s written permission. Provide, maintain, and remove trash receptacles for the duration of sales and/or events. Provide sanitation services within 300 feet for employees and patrons. An agreement with the hosting business may satisfy this requirement. b. Exceptions Retail sales are permitted on public and private school property with the school district’s or property owner’s written permission , regardless of the zone. Retail sales are permitted at parks or on public property with the property owner’s written permission, regardless of the zone. Dining areas are only permitted when approved by the property owner and shall be set up and taken down with each occurrence. c. Food Trucks shall not be parked overnight at a sales location without written permission from the property owner, nor shall food trucks be parked overnight on public property or within a public right of way. 18.58.060 Temporary Signs All temporary signs associated with temporary uses are subject to the standards of MKZ 18.65.140, Temporary Signs, and the following standards: A. All images, text, and wraps that do not project from a motorized or non-motorized vehicle that solely advertise for the Mobile Food Vendor business are permitted. ---PAGE BREAK--- Millcreek Code Update Temporary Uses and Structures I 272 B. Ice Cream Trucks are only permitted signage that does not project from the vehicle and solely advertises for the associated business. C. Food Trucks are permitted two A-Frame signs. D. Food Carts are permitted one A-Frame sign. E. A-Frame signs shall not exceed four feet in height and 12 square feet of sign copy area and include sufficient weights to prevent movement due to windy conditions. F. Signs for yard sales are limited to six square feet in area. G. Signs are not permitted in the public right of way. H. Signs exceeding three feet in height shall not be placed in an intersection or driveway clear view area as set forth in MKZ 18.67, Clear View Areas. I. Off-premise signs are prohibited. 18.58.070 Permit Application Requirements A. Business License review for Ice Cream Trucks. An applicant seeking a business license to operate an ice cream truck must submit a photograph of the vehicle as part of a business license application. B. Food Trucks and carts. The following shall be submitted for review with the business license application: 1. A Temporary Use Permit application following the procedures as set forth in MKZ 18.15.030, including a site plan for each location. 2. Any proposed signs. 3. Letter of consent by hosting property owner. 4. Proof of sanitation facilities or agreement with hosting business/property owner or an adjacent owner. C. Christmas Tree sales, Fireworks sales. The following shall be submitted for review with the business license application: 1. A Temporary Use Permit application following the procedures as set forth in MKZ 18.15.030, including a site plan for each location. 2. Any proposed signs. 3. Letter of consent by hosting property owner. 4. Proof of sanitation facilities or agreement with the hosting business/property owner or an adjacent owner. 5. D. Farm Stands, Pop-Up Markets, and/or Farmer’s Market. The following shall be submitted for review with the business license application: 1. A Temporary Use Permit application following the procedures as set forth in MKZ 18.15.030, including a site plan for each location. 2. Any proposed signs. ---PAGE BREAK--- Millcreek Code Update Accessory Structures I 273 3. Letter of consent by hosting property owner. E. Yard sales. Yard sales must satisfy the requirements of this chapter, but no permits are required. F. Special events. 1. Outdoor community engagement events are allowed on private and public property with the property owner’s permission. 2. Such events shall be reviewed by the Unified Fire Authority and the Salt Lake Health Department which may impose requirements for circulation, trash, sanitation, temporary parking, etc. 3. Mass gathering permits are required for events with more than 500 people and greater than 2 hours in duration. 4. Special Events located on city right-of-way and city property are not regulated by this chapter, but are subject to the standards as set forth in MKC 14.56. 18.59 Accessory Structures 18.59.010 Purpose The purpose of this chapter is to establish standards for accessory structures in Millcreek so that they may be constructed in an orderly way that minimizes impacts. 18.59.020 Applicability This Chapter applies to accessory structures in an R-1, R-2, R-4, FRE, MH/TH, MD, MD-3, AG, and RM zones in Millcreek and sets additional development standards to those of the governing zoning district. 18.59.030 General Requirements for Accessory Structures A. Accessory structures shall be subordinate to the main structure. B. Location Requirements: 1. Accessory buildings shall only be allowed in a rear yard, or within the side or rear setbacks of the main building on the lot or parcel. 2. Accessory buildings must be located at least six feet from the main building on the lot. C. Height: 1. For residential lots in R-1, R-2, R-4, and AG 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 they are the rear yard. 2. The maximum height for accessory structures on residential lots or parcels in the RM zone is 20’. ---PAGE BREAK--- Millcreek Code Update Accessory Structures I 274 3. Accessory structures on all other residential lots or parcels shall not exceed 10 percent greater than the height of the main building but are allowed to be at least 14 feet in height. 4. In no case shall an accessory building exceed 24 feet in height. 5. Accessory buildings must adhere to the building envelope rules for the underlying zone. D. 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 14 feet, accessory buildings shall be set back from the side and rear property lines an additional inch, up to 12 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. Accessory buildings shall not encroach on any recorded easement. E. Area Requirements. Accessory structures are limited in size by the total lot or parcel coverage allotted for each zone. F. Design Standards. Accessory buildings shall incorporate at least one of the exterior materials used in the main building for 20 percent of all structure facades, 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 structures 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 structures shall not be used as dwellings unless permitted as an Accessory Dwelling Unit by the Planning and Zoning Department. . 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 this chapter. ---PAGE BREAK--- Millcreek Code Update I 275 18.60 Nonconformities 18.60.010 Purpose The purpose of this chapter is to establish regulations governing legally established uses, structures, lots or parcels, and other circumstances that do not conform to the applicable requirements of this title, and to control expansion of nonconforming conditions while recognizing the interests of affected property owners. 18.60.020 Applicability A. The provisions of this chapter shall apply to any use, lot, parcel, structure, or other circumstance governed by this title which legally existed before the current zoning designation of the land where the circumstance is located and because its current land use designation does not conform with applicable requirements of this title. The right to continue use of a nonconforming use, noncomplying structure, nonconforming lot, or other nonconformity shall also comply with the life safety requirements of applicable construction codes. B. Any nonconforming use, noncomplying structure, nonconforming lot, or other nonconformity may be continued only to the extent it was lawfully created and as provided in this chapter. C. Any use, structure, lot, or other circumstance not authorized under a previously existing zoning ordinance, or which was illegal under such ordinance, is not considered a nonconformity, and shall remain unauthorized and illegal unless expressly permitted by the provisions of this title. D. Other Nonconformities. This chapter shall also apply to other nonconformities including but not limited to improper fence height or location, lack of buffers or screening, lack of or inadequate landscaping, lack of or inadequate off-street parking, operation of on-premises electronic message center signs, and any other nonconformity not addressed by this Chapter. 18.60.030 Change in Nonconforming Status A nonconforming use, noncomplying structure, nonconforming lot or parcel, or other nonconformity may not be changed except in conformance with the provisions of this title. To the extent any nonconforming use, noncomplying structure, nonconforming lot or parcel, or other nonconformity becomes conforming, it shall not be changed back to the previously existing nonconforming condition. 18.60.040 Nonconforming Use A. Continuation. A nonconforming use or noncomplying structure legally existing when such use became prohibited, may be continued. A vacant structure may be occupied by a use for which the structure was originally designed and intended if occupied within period of one year after the use becomes nonconforming. ---PAGE BREAK--- Millcreek Code Update Nonconformities I 276 B. Expansion within a Complying Structure. A nonconforming use existing within a portion of a conforming structure may be expanded to include the entire floor area of such building provided the expansion: 1. Does not include any structural alteration; and 2. Otherwise conforms to the requirements of this title, and 3. Additional parking space is supplied to meet the requirements of this title for such expansion. C. A nonconforming use of a lot or parcel where the principal use is not enclosed within a building, such as a salvage yard or a motor vehicle sales lot, shall not be expanded or modified except in conformity with the requirements of this title or as may be required by law. 18.60.050 Noncomplying Structures A. Continuation. A noncomplying structure may be continued so long as no additions or enlargements are made thereto and no structural alterations are made therein, except as permitted by this chapter or as may be required by law. If a noncomplying structure is removed from the lot or parcel where it was located, each future structure on such lot or parcel shall conform to the provisions of this title. B. Expansion and Enlargement. A noncomplying structure may be expanded or enlarged upon a permit authorized by the land use hearing officer, provided that the land use hearing officer shall find the following: 1. The addition, enlargement, or reconstruction of the structure at a new location complies with the standards and regulations of the current zone and the applicable requirements of this title. 2. The addition to, enlargement of, moving of, or reconstruction of the structure at a new location of the lot is compatible with existing development within a reasonable distance in terms of height, mass, applicable building envelope requirements, and lot or parcel coverage; and 3. The addition to, enlargement of, moving of, or reconstruction of the structure at a new location of the lot will not be detrimental to the health, safety and general welfare of persons residing within a reasonable distance of the subject property. 4. The cumulative expansion since the structure became nonconforming does not exceed 50% of the structure’s height, footprint, lot or parcel coverage, and/or area when it became nonconforming. C. Maintenance and Repair. A noncomplying structure may be maintained. Repairs and structural alterations may be made to a noncomplying structure provided the degree of nonconformity is not increased. D. Relocation. A noncomplying structure may not be relocated within Millcreek unless the structure is placed in a location that conforms with the applicable requirements of this title. ---PAGE BREAK--- Millcreek Code Update Nonconformities I 277 E. Alteration Where Parking Insufficient. A complying structure housing a use with insufficient parking, as required by this title, may be altered or enlarged provided additional parking is supplied to meet the requirements of this title for the noncomplying portion of the structure and the alteration or enlargement. F. Restoration. A noncomplying structure damaged by fire, wind, earthquake, or other calamity or act of God or the public enemy may be restored as it existed previously, and its use may be continued so long as a building permit is obtained within six months and a certificate of occupancy is issued or a final inspection completed within two years of receipt of a building permit. G. Deterioration. A noncomplying structure may not be reconstructed or restored if: 1. The structure is allowed to deteriorate to a condition that the structure is rendered uninhabitable and is not repaired or restored within six months after written notice to the property owner that: a. The structure is uninhabitable, and b. The noncomplying structure will be lost if the structure is not repaired or restored within six months, or 2. The property owner has voluntarily demolished a majority of the noncomplying structure. 18.60.060 Nonconforming Lot or Parcel A. Continuation. A nonconforming lot or parcel may continue to be occupied and used although it may not conform in every respect with the dimensional requirements of this title, subject to the provisions of this chapter. B. New Single-Household Dwelling. A new single-household dwelling may be constructed on a legally established lot or parcel which is nonconforming as to area, width, or both, provided: 1. The lot or parcel was legally nonconforming when the area or width requirements were changed; 2. The use is for the sole purpose of a single-household dwelling; 3. There is only one main building on the lot or parcel; and 4. The dwelling conforms to all other requirements of this title, such as frontage, yard setbacks, building height, and other applicable requirements, such as street improvements and compliance with construction codes. C. Lot or Parcel with Building. If a nonconforming lot or parcel contains a building legally established before the effective date of this title, then the owner may continue the then- existing use of such building and may expand the building in any way that does not increase the degree of nonconformity. An increase in building size shall not increase the degree of nonconformity of the lot or parcel. Interior remodeling and/or exterior maintenance of a building within an existing footprint or expansion in compliance with this section shall not require a variance to lot or parcel requirements but shall be reviewed by the Planning Director ---PAGE BREAK--- Millcreek Code Update Nonconformities I 278 as though the lot or parcel conforms to the requirements of this title. Such remodeling or maintenance shall require a building permit. D. Effect of Public Uses. If the required area, width, frontage or yard space of a lot is rendered noncompliant as a result of acquisition of a portion of the lot for public use, the lot shall be considered a legal lot for purposes of this title. No construction or boundary change may be undertaken which will render these requirements further noncompliant. New buildings, structures or site improvements proposed for construction on such a lot shall meet all other requirements of the zone in which it is located. 18.60.070 Nonconforming Signs A. Alterations. 1. A nonconforming sign shall not be altered, reconstructed, raised, moved, placed, extended, or enlarged, unless said sign is changed so as to conform to all provisions of this Code. All alterations shall require conformance to the provisions of this Code including any physical changes to the sign panel or the sign cabinet itself. Exclusions from this requirement are as follows: a. Face changes b. Normal maintenance and repair c. Copy changes in signs with a changeable copy feature d. Architectural enhancements to existing multi-tenant pole signs in conjunction with a building façade remodel. The building façade remodel must be at least 25 percent of the front façade of the building. The sign’s overall height, size, and shape shall not be increased. 2. Any sign serving a property but that is located within or projects into the existing public right-of-way shall be made to conform when the sign is altered or when a conditional use permit, subdivision approval, rezone, or site plan approval for a new building is issued. B. Restoration. Nonconforming signs which have been allowed to deteriorate or which have been damaged by fire, explosion, act of nature, or act of a public enemy, or damaged by any other cause, to the extent of more than 50 percent of their assessed value shall, if repaired or rebuilt be repaired or rebuilt in conformity with the regulations of this Code. 18.60.080 Abandonment A. Abandonment Claims. A person claiming abandonment shall have the burden of establishing the abandonment. B. Presumption of Abandonment. A nonconforming use, noncomplying structure, or other nonconformity, shall be presumed abandoned when any of the following occurs: ---PAGE BREAK--- Millcreek Code Update Nonconformities I 279 1. A majority of the primary structure associated with a nonconforming use has been voluntarily demolished without prior written agreement with Millcreek regarding an extension of the nonconforming use. 2. The use has been discontinued for a continuous period of one year. 3. The primary structure associated with a nonconforming use remains vacant for a period of one year. C. Exception for single-household dwellings. Single-household dwellings located in any residential zone shall be exempt from being presumed abandoned. D. Overcoming Presumption of Abandonment. An affected party may rebut the presumption of abandonment and shall have the burden of establishing that any claimed abandonment has not in fact occurred by providing evidence of no intent to abandon the nonconforming use, noncomplying structure, or other nonconformity. Such evidence may include proof that during the alleged period of abandonment the owner has either: 1. Maintained the lot or parcel and structure, if any, in accordance with the building code; or 2. Actively and continuously marketed the lot, parcel, or structure for sale or lease. E. School Facilities. Millcreek may terminate the nonconforming status of a school district school or charter school use or structure when the property associated with the school district school or charter school use or structure ceases to be used for such purposes for one year, subject to any under Utah State Code Title 53G-5, Chapter 5 Noncompliance, Charter Termination and Liability UCA (53G-5-5). 18.60.090 Determination Status Procedure for Nonconformities A. In all cases, the property owner shall have the burden of establishing that a nonconforming use, noncomplying structure, nonconforming lot, or other nonconformity legally existed before its current land use designation. The Planning Director shall review the application as follows: B. Procedure: 1. The Owner or applicant seeking a determination shall file a Nonconformities Determination Application following the procedure as set forth in MKZ 18.15.040 and pay all applicable fees as set forth in the consolidated fee schedule, including any additional fees incurred resulting by staff conducting research. 2. The application shall include evidence that clearly establishes the subject use or structure lawfully existed before its current land use designation. 3. Acceptable evidence may include: a. Historical zoning maps that clearly identify the use and structure that existed. b. Historical zoning code supporting historical zoning maps. ---PAGE BREAK--- Millcreek Code Update Nonconformities I 280 c. Previously issued building permits. d. Previously issued conditional use permits. e. Documentation supporting a variance was granted or issued for the use or structure. f. Aerial imagery that clearly establishes use or structure existed g. Court Orders or Judgements h. Affidavits from previous property owners attesting to the use/structure. i. Evidence of utility connections j. A building inspection that certifies that the building or structure was compliant with the codes at the time it was built. 4. Millcreek shall accept the application and evidence provided and make its findings and determination within fourteen business days. Millcreek shall notify the applicant in writing stating the determination. C. Application To Have a Structure Declared a Noncomplying Structure. Whenever a structure violates the height or setback provisions of this title, the owner may file an application with the Planning Director to have the structure declared noncomplying, but only after the owner has received a determination status as set forth in MKZ 18.61.080. The Planning Director may acknowledge pre-existing formal nonconforming declarations from the county. The Planning Director shall approve the application when the evidence clearly establishes the following: 1. The structure has existed at its current location, with the same size, height and setbacks, for at least ten years; 2. The Building Official or designee finds that the structure poses no threat to the health or safety of persons in or around the structure, and; 3. Millcreek has not taken enforcement action for the violation for a period exceeding five consecutive years during which the violation existed. 18.60.100 Exemptions A. Billboards. The provisions of this chapter shall not apply to billboards. Nonconforming billboards shall be terminated in accordance with applicable provisions of Utah Code Section 10-9a-512, Termination of a billboard and associated rights, and 10-9a-513, Municipality’s acquisition of billboard by eminent domain. In the event such provisions are repealed, nonconforming billboards shall be subject to the provisions of this chapter. B. When such chapters within this title regulate specific nonconformities, the provisions of this chapter shall not apply. In the event there is a conflict between this chapter and other chapters within this title, the most restrictive chapter shall prevail. ---PAGE BREAK--- Millcreek Code Update Sensitive Lands I 281 18.60.110 Appeals Any person adversely affected by a final decision of the Planning Director or other official enforcing the provisions of this chapter may appeal that decision to the appeal authority as set forth in MKZ 18.05, Appeals. 18.61 Sensitive Lands 18.61.010 Purpose and Intent A. To preserve the distinctive features and the natural setting of the City and to promote development that recognizes and respects the character of the land. B. To identify and document sensitive lands that shall be protected from development and to guide sensitive lands related to open space designations in development proposals. C. To identify certain hazardous conditions that require buffering, avoidance, or other engineering techniques to allow for safe beneficial development. D. To provide for the health, safety, and welfare of residents, as well as protect urban and nonurban development, the good order and aesthetics of Millcreek, and protection of property values as set forth in Utah Code Section 10-9a-102(1), General land use authority. 18.61.020 Applicability A. A Sensitive Lands Area is defined as any area that is either: 1. Located within the affected areas identified on the Sensitive Lands Map, adopted and amended from time to time by the Millcreek City Council; or 2. Contains sensitive lands features as described in this section; or 3. Affected by geological hazards identified in a Geotechnical Report, a topographical survey, or soils study. B. Any land use application for development located in a Sensitive Lands Area including but not limited to building permits for a new structure or existing structures that add additional square footage to the primary or secondary structure, permitted and conditional uses, preliminary and final subdivision plats, shall include a sensitive lands identification analysis addressing the requirements of this chapter through a Geotechnical Report that identifies/analyzes not only geologic hazards but also the other sensitive lands features as described in this chapter. C. The applicant shall provide a Geotechnical Report or other required reports based on the Sensitive Lands Area map, or if a property is determined to be in a Sensitive Lands Area by a previous Geotech report, topographical survey, or soils study. The required reports are shown in Table 18.62-1, and such reports will vary based on the severity and type of sensitive lands found within the proposed development. Additional requirements may be found in the applicable application checklist. D. The City retains a City Geologist to review, analyze, suggest modifications, and approval the reports. Any costs incurred by the City Geologist, including contracted specialized engineering ---PAGE BREAK--- Millcreek Code Update Sensitive Lands I 282 or geotechnical services, site inspection, testing, and review time due to the proposed development will be passed along to the applicant or developer and deposited with the City. Such costs shall be based on an estimate provided by the City Geologist. E. Existing properties located in low liquefaction potential areas with slope angles less than 15% may be exempt from a full Geotechnical Report requirement, provided that soil type and water table depth information is furnished to the city to assure foundation suitability. Geotechnical Reports are not required for fences but are required for any retaining wall or accessory building over 200 square feet when located in a Sensitive Lands Area F. Any sensitive lands identified as a result of this chapter’s requirements shall be acknowledged in the development proposal. Some sensitive lands cannot be mitigated, so the development design shall avoid and preserve the identified sensitive lands areas as undevelopable land. Such land shall be designated on the site plan or subdivision plat in a manner that permanently restricts the area from development. G. A grading plan and the limits of disturbance shall accompany any development plan in a sensitive land area. Limits of disturbance shall be defined by the least area needed to construct the development, required setbacks on the site, a prescribed buffer area if located in the Wildland Urban Interface, and the avoidance of any unmitigable sensitive lands. Limits of Disturbance are further described in MKZ 18.62.070 H. Despite the established spatial requirements in any underlying zone, additional lot coverage limits, setbacks, or other spatial requirements may be required in a Sensitive Lands Area, due to the requirements of this chapter. 18.61.030 Sensitive Lands Description Sensitive Lands contain characteristics that can influence, modify, or limit development patterns through physical or regulatory restrictions. Sensitive lands features covered by this chapter are described as follows: A. Topographical Features. The types of lands represented in this typology include slopes over 15 percent , wetlands, rock outcroppings larger than 10 feet wide and 10 feet tall, avalanche zones, alluvial fans, rock fall areas, gullies/ravines deeper than 10 feet and wider than 20 feet), intermittent or constant flow stream corridors, ridgelines, springs, species protection, Wildland Urban Interfaces, and floodplains. Additional requirements for floodplains are found in MKZ 18.63, Floodplain Hazards Mitigation. B. Subsurface Features. Soils, saturated soils, and soil structures such as areas of liquefaction potential, surface fault rupture hazard areas, and debris flow areas. Soil types used to determine surface stability, foundation stability, movement potential, depth to bedrock, and shallow water table levels, may also reveal factors to consider for avoidance/preservation and/or design modifications when determining the extent of sensitive lands. ---PAGE BREAK--- Millcreek Code Update Sensitive Lands I 283 18.61.040 Identification Required Designation and possible preservation or avoidance of the identified Sensitive Lands features and their associated area(s) in their natural state is required. A Sensitive Lands Geotechnical Report is required for lands located in the Sensitive Lands Map or where a Geotechnical Report identifies sensitive lands issues. A Sensitive Land Area shall be shown in concept plans, existing properties, site plans, and preliminary and final subdivision plats. It is the intent of these requirements to promote a development design that incorporates and integrates the sensitive lands into the development design process as valued aspects of that design. These characteristics need identification and are significant factors that determine how sensitive lands should be reflected in the design of a particular development site. Sensitive lands features shall be shown on the development site plan and detailed by the appropriate study, as required by this chapter. 18.61.050 Remediation for Mitigatable Sensitive Lands Certain Sensitive Lands have the potential to be remediated and/or mitigated. Determinations and mitigation techniques proposed that, when reviewed by the City Engineer and City Geologist, do not clearly resolve any identified issues may be subject to a Peer Review at the City’s discretion. The process for a Peer Review is set forth in MKZ 18.51.060. The City Engineer and City Geologist shall have the right to review, provide comments, suggest changes, and ultimately approve, deny, or modify the mitigation techniques. The applicant’s geotechnical engineer shall stamp such mitigation techniques. All disturbed lands shall be rehabilitated and revegetated, except where buildings and impervious surfaces are proposed on the approved site plan or subdivision plat. 18.61.060 Dispute Resolution and Peer Review The City may seek a third-party review of the information provided by the developer or applicant as part of an application compliance review set forth in MKZ 18.15.060, Application Compliance Review. 18.61.070 Development Design Considerations A. Grading Plan Required. All development plans in a Sensitive Lands Area shall include a grading plan, subject to the requirements for Engineering Grading Plans as set forth in the Engineering Requirements Checklist , to assure that the development minimizes land disturbance, that erosion and stormwater are retained on-site to the greatest extent possible, and conforms to MKZ Title 14, Engineering Standards. Topsoil that is removed from the site during construction shall be conserved for later use on areas requiring revegetation or landscaping, such as cut-and- fill slopes. Such plans shall establish a limit of disturbance indication on the site plan where development activity will be contained. Sites with slopes that average over 20% shall limit their grading to no more than 60% of the lot area. ---PAGE BREAK--- Millcreek Code Update Sensitive Lands I 284 B. Limits of Disturbance. The limits of disturbance (LOD) is defined as the area(s) in which construction and development activity shall be contained, including development and construction of the principal building, accessory structures, recreation areas, utilities, services, driveways, storm drainage, and other similar improvements. LOD areas shall not encroach into setbacks required by the underlying zone or the specified buffers as defined in this chapter. An LOD Site Plan Example is illustrated in Figure 18.62.1. 1. Exclusions from Limits of Disturbance. The following do not need to be included in the limits of disturbance: a. Up to 10 feet of paved or unpaved shoulders for driveways. b. Areas consisting of natural ponds, streams, trees, and other vegetation where no grading work is done. Such areas shall be avoided, buffered, and/or preserved. 2. Updates to Limits of Disturbance. Due to unforeseen circumstances, LODs may be required to be updated during the construction process. In the case of an amendment, a revised LOD shall be submitted to the City for a site plan review. 3. Delineation of Limits of Disturbance on Site. All LOD areas shall be surveyed and staked prior to construction and maintained throughout the construction of the site. A LOD shall be delineated on-site with fencing or other separation methods approved by the Planning Director prior to the commencement of excavation, grading, or construction activities on the site. Figure 18.62.1, LOD Site Plan Example. ---PAGE BREAK--- Millcreek Code Update Sensitive Lands I 285 C. Slope Cuts and Grading. Slope cuts and grading shall conform to the following: 1. Final plans must be in accordance with a grading and excavation plan and the Geotech report for the site, as approved by the City Engineer, prior to issuing a building permit. Figure 18.62.2 illustrates a development plan that minimizes cuts. 2. Cantilevers/eaves located on a second story and above may encroach into the LOD and/or zone setbacks by up to three feet provided the cantilevered setback can be constructed entirely from within the LOD. Figure 18.62.2, A Development Plan that Minimizes Cuts 3. The original ground surface of a lot may not be raised or lowered more than four feet at any point for the construction of any structure or improvement, except that the site’s original ground surface may be raised or lowered eight feet if a retaining wall or terracing is used to reduce the steepness of human-caused slopes. Terraces and retaining walls must comply with the requirements of MKZ 18.67, Fencing and Retaining Walls. 4. Separate building pads for accessory buildings other than private garages, (including but not limited to accessory dwelling units, guest houses, barns, recreational structures such as tennis courts, swimming pools, and similar facilities) are prohibited except where the natural/original slope is 20 percent or less. 5. The following limits apply to graded or filled human-caused slopes: a. Slopes of 25 percent or less are encouraged wherever possible. ---PAGE BREAK--- Millcreek Code Update Sensitive Lands I 286 b. Graded or filled human-caused slopes may not exceed the maximum slope supported by a geotechnical study and constructed per the geotechnical engineer’s requirements not to exceed 50 percent. c. Cut human-caused surfaces or slopes may not exceed a slope of 50 percent unless it is substantiated, on the basis of a site investigation and submittal of a soils engineering or Geotechnical Report prepared and certified by a qualified professional, that a cut on a steeper slope will be stable and will not create a hazard to public or private property. d. All cut, filled, and graded slopes shall be re-contoured to the natural, varied contour of the surrounding terrain. e. Stormwater retention or detention is prohibited on slopes greater than 25 percent. 6. Excavation for footings and foundations shall not occur outside limits of disturbance and shall be minimized to lessen site disturbance and ensure compatibility with hillside and sloped terrain. Intended excavation must be supported by detailed engineering plans submitted as part of the application for site plan approval. D. Stormwater. Storm drainage plans shall include a system design to return collected and clarified waters to the natural drainage channels or to the adjacent ground. All developments are required to obtain a Land Disturbance and Stormwater Quality Permit (LDP) and, if required, provide evidence of a Utah State Department of Environment Quality General Construction Storm Water (UPDES) Permit at building permit issuance. E. Soils Conditions. Geotechnical Reports, are required as set forth in this chapter and in the Engineering Requirements Checklist and are catered to the type of Sensitive Lands encountered, shall also include an analysis of the soil types and their potential for movement when additional moisture is applied, as may occur from heavy rainfall or melting snow, landscape irrigation and/or impervious surface runoff or saturation, on any lot with a slope over 15 percent. Geotechnical Reports shall also identify: 1. The depth to water table, and 2. Potential fluctuations in seasonal water tables, if buildings with basements are to be constructed within the proposed development. In the absence of a year-long analysis of water table fluctuations, the time period to be studied is from March 15 to June 15 and such fluctuations may be estimated if the timing of such studies is contrary to the development schedule. Additional requirements for drainage of subsurface water are set forth in MKC 17.12. F. Trails. After identifying/documenting (or delineating in the case of wetlands) any sensitive lands as defined above, and reviewing the Millcreek Sidewalk and Trails Master Plan, the Millcreek General Plan, the Salt Lake County Regional Trails Master Plan, as part of the design process of ---PAGE BREAK--- Millcreek Code Update Sensitive Lands I 287 a development, and as part of the concept plan submission, each development shall include a conceptual design to assess how the development will be designed to preserve the identified sensitive lands and evaluate the potential to extend trail systems to and within the area. Trails are designated as a conditional use on slopes up to 50 percent, and prohibited from areas on slopes greater than 50 percent, and may disturb areas they traverse. G. Mitigating Cuts and Fills. The development shall mitigate the visibility of cuts and fills and buildings on hillsides that are visible from the adjacent streets. Mitigations shall include methods to conceal such cuts and fills and buildings, such as evergreen landscaping, hill terracing, use of earth-tone colors on structures, or the reduction of the width of a required street cross-section, subject to approval of the City Engineer or Fire Marshal. 18.61.080 Development Limitations and Prohibitions A. All new development, including any subdivision of land, shall avoid and preserve as undisturbed/natural open space, the following areas: 1. Slopes 30% or greater: Except for the installation of fencing and live plant materials, development is prohibited on slopes of 30 percent (30%) or greater. Slopes of 30 percent or greater shall remain undisturbed, unless a property has a natural, contiguous building area based on the original grade that can encompass the proposed building, and has a buildable area with a minimum of 5,000 square feet at or below 30 percent natural grade. All such properties shall include specific engineering designs to contain runoff, erosion, and pollution on the subject property during and after construction. The applicant shall identify a Limits of Disturbance on the site plan or plat, and shall obtain a land disturbance permit, and possibly a permit prior to obtaining building permit. This includes the prevention of any materials caused by erosion flowing out onto adjacent trails, sidewalks and streets, as well as adjacent fences and properties, and erosion onto the sensitive lands buffer areas. Additional setbacks from portions of the property that are steeper may be required as set forth in the Geotechnical Report, or as identified in adopted building codes. Where slope maps are required as part of a Geotechnical Report, they shall include: a. A base topographical map of the subject site, prepared and signed by a Utah licensed civil engineer or land surveyor. This base topographical map shall include all adjoining properties within 150 feet of the site boundaries to portray the site's context. b. This slope analysis shall be prepared using CAD- or GIS-based software specifically designed for such purpose. Contours on the exhibits shall be prepared using no greater than two-foot contour intervals with ten-foot contours clearly labeled and at a scale of not less than one inch equals 100 feet = 100'). The slope analysis ---PAGE BREAK--- Millcreek Code Update Sensitive Lands I 288 exhibit shall delineate slope bands, with contrasting colors, for the following slope ranges: zero percent to 15 percent,15.01 percent to 25 percent, 25.01 percent to 30 percent, 30.01 percent to50 percent , and 50.01 percent or greater. c. A tabulation chart indicating the land area in acres within each slope category as identified herein. d. A sufficient number of slope cross sections to clearly illustrate the extent of the proposed grading. The slope cross sections shall: Be drawn at the same scale and indexed, or keyed, to the existing topography, grading plan, and project site map. Both vertical and horizontal scales shall be indicated and be of the same scale. The slope cross section shall extend at least 150 feet outside the project site boundary to clearly show impact on adjacent property. Slopes shall be calculated in intervals no greater than 40 feet along the cross sections. At a minimum, sections shall be drawn along those locations of the project site where: The greatest alteration of existing topography is proposed; The most intense or massive development is proposed; The site is most visible from surrounding land uses; Where grading will impact natural drainage conditions. At least two of the slope profiles shall be roughly parallel to each other and roughly perpendicular to existing contour lines. The slope cross sections shall be stamped and signed by a Utah licensed professional proficient in creating such cross sections indicating the datum, source, and scale of topographic data used in the slope profiles. The signer shall attest that the slope profiles have been accurately calculated and identified. The slope cross sections shall show the existing and proposed topography, structures, driveways, and roadways. The proposed topography and features shall be drawn with a solid line, while the existing topography and features shall be drawn with a dashed line. e. The slope analysis calculations shall be prepared by a Utah licensed professional who is proficient in creating the exhibits using computer software designed for preparing said exhibits. ---PAGE BREAK--- Millcreek Code Update Sensitive Lands I 289 2. Cuts and fills shall be avoided in project design to the greatest extent possible and shall not exceed a 50 percent slope. Retaining walls extending over six feet in height shall include a level landscaped terrace, a minimum of six feet in width for every six feet in height, as illustrated in Figure 18.62.3. Terraces may be created at lesser heights to meet slope-related issues, but the minimum terrace width shall be in six-foot intervals. Development affecting slopes of 20 percent or greater shall submit plans that conform to any City Standards, utilize Low Impact Development techniques, and may require specialized storm water permits such as a Revegetation with native plants and ground covers of disturbed areas is required as soon as possible or within 6 months for any grading performed for road work and after the occupancy of a home. Streets, roads, alleys, or driveways may not cross slopes that average (in any fifty-foot interval) 30 percent (30%) or greater. Public or private streets in a sensitive land area shall not exceed 12 percent slopes. Driveways or private streets shall not exceed 10 percent slopes within 20 feet of a public street. Figure 18.62.3, Cut and Fill Example 3. Avalanche paths. Avalanche paths shall be identified, and development shall avoid such paths as recommended by a qualified Geotechnical Engineer. 4. Fault lines, scarps, landslides, rock outcroppings, rock-fall, alluvial, fans and mud/debris flow areas: These topographical features shall be avoided and mitigated as recommended by a qualified Geotechnical Engineer. ---PAGE BREAK--- Millcreek Code Update Sensitive Lands I 290 Figure 18.61.4, Buffer Example 5. Stream beds (including intermittent), gullies, ditches, flood channels, flood plains, areas of springs, seeps and surface water: Pollution sources including but not limited to fuel tanks and their containment systems, animal yards, septic tanks, parking lots, shall be setback at least 50 feet from the hydrologic feature or as required by the Utah Department of Water a. Additional vegetation may be required between the hydrologic features and development for erosion control (with limited fertilizer or pesticide use in natural corridors) or public amenities. Hydrologic features that are accompanied by an amenity such as a park or trail shall include sufficient open area along and surrounding the hydrologic feature to ensure ample room to protect the feature and to provide an area for the enjoyment of the amenity; generally such buffering/setback from a building, should be an average of 50 feet from the top edge of the bank or high water mark of the feature of a perennial stream and 50 feet from any other feature mentioned above, as illustrated in Figure 18.62.3, unless otherwise specified in MKC Title 14 or supported through a Geotech Report. Such areas are not allowed to be filled/eliminated. b. Any development within a floodplain shall comply with the standards and permitting requirements of MKZ 18.62, Floodplain Hazard Mitigation and MKC Title 17 Flood Control and Water Quality. 6. Canals. Development shall avoid destabilizing the downhill portion of canals. No cuts shall be permitted below a 50 percent slope measured from the downhill bank of a canal without mitigation/safety strategies proposed by a geotechnical engineer, as illustrated in Figure 18.61.5 below. Construction adjacent to a canal shall be coordinated with the facility/canal owner and is subject to review and approval by the facility/canal owner. Construction ---PAGE BREAK--- Millcreek Code Update Sensitive Lands I 291 adjacent to a canal shall allow inspections by the facility owner during construction and when construction is complete the facility owner shall provide a letter of acceptance. Figure 18.61.5, Canal Bank Stabilization 7. Identified wetlands. Identified wetlands shall be delineated using the Section 404 definition and procedures set forth in the Clean Water Act. Protected wetlands shall be accompanied by additional open lands when they are adjacent or combined with usable open space and trails, with such adjacent areas averaging 50 feet wide from the defined edge of the wetland. Pollution sources such as fuel tanks and their containment systems, parking lots, etc. shall be set back 100 feet from the identified wetlands, unless diversionary devices, as recommended by a Geotechnical engineer, and approved by the City, are constructed to solve potential pollution problems. Additional vegetation may be required in these buffer areas for erosion control (with limited fertilizer or pesticide use) or for public amenities, to reduce the illicit discharges as set forth in MKC 17.22.130. 8. Wildfire Potential, Potential wildfire areas shall be assessed, and mitigation strategies shall be applied according to the Utah Wildland Urban Interface Code (WUI) best practices. Best practices suggest low fire hazard buffers surrounding lots and/or buildings in areas to be developed that are prone to wildfires. A specific plan addressing mitigating measures to reduce the potential for wildfire damage is required. 9. Ridgelines. Unless otherwise allowed by this title, no development may break a ridgeline. In addition to ridgeline as defined in this Title, for the purposes of this chapter, ridgelines also include ridges that are visible as viewed from the a ground level vantage point within the Wasatch Boulevard right-of-way. ---PAGE BREAK--- Millcreek Code Update Sensitive Lands I 292 18.61.090 Development Constraints for Certain Sensitive Lands The following sensitive lands with potential hazards require additional mitigation techniques in any new development, including the subdivision of land, and the developer shall provide mitigation for such hazards when they apply. The City requires geological hazards disclosure and acknowledgment and acknowledgement of any associated geologic hazard site-specific studies to be recorded on the property title or on the subdivision plat. A Geological hazards disclosure and acknowledgement shall be made on a form provided by the City. Such mitigatable hazards and mitigation techniques (practicable or available) shall include, but are not limited to the following: A. Alluvial fan, flood/debris flow, liquefaction potential, collapsible soils, and shrink-swell soils. Mitigation techniques shall follow the advisement of a qualified Geotechnical Engineer and may be subject to peer review, at the developer’s cost. B. Shallow groundwater. Areas with ground water within 3’ of the ground surface, shall require additional analysis to assess their feasibility for development. If areas of shallow ground water are found that prohibit or impact foundations, such areas shall be noted in the concept design (if required) and carried forward on the preliminary and final plats. Possible mitigation techniques include the installation of a foundation drain and sump pump possible prohibition of basements, or other mitigation techniques as provided on the advisement of a qualified Geotechnical Engineer. C. 100-year flood zones. Mitigation techniques shall follow the procedures of MKZ 18.62, Floodplain Hazard Mitigations. 18.61.100 Geotechnical/Geologic Hazard and Engineering Geology Reports. A. In addition to the checklists required by the City through Engineering and Planning, this section describes requirements for site-specific geologic hazard studies and reports. If the report conclusions are questioned, they may be subject to a Peer Review as set forth in MKZ 18.61.060. This requirement is based on other previously mapped geological hazards shown on the Sensitive Lands Map. Identified Sensitive Lands Areas are based on previous area studies and mapping that designated certain areas of the City to have potential geo-hazards or sensitive lands. All Geotechnical Reports shall include a soil type, condition, percolation test, and water table analysis. Certain studies require an analysis method, as set forth in Table 18.61-1, Geotechnical/Geologic Hazard and Engineering Geology Reports. Some areas have more than one hazard or sensitive land feature that generates the need for certain studies, including: ---PAGE BREAK--- Millcreek Code Update Sensitive Lands I 293 Table 18.61-1 Geotechnical/Geologic Hazard and Engineering Geology Reports Sensitive Lands features - See sensitive lands map Geotechnical Report Level 1 Geotechnical Report Level 2 Liquefaction Analysis WUI prevention report Other Reports Surface Fault Rupture NA Yes No No Low Liquefaction Potential No No No No Moderate Liquefaction Potential Yes No Yes No High Liquefaction Potential No Yes Yes No Landslide, Debris Flow, rockfall, rock outcroppings No Yes No No Avalanche No Yes No No Slopes greater than 20% No Yes No No Shallow Water Table No Yes Yes No Flood Zone using FEMA A and AE Flood Zone maps No Yes Yes No Stream Corridor including intermittent streams, springs, and other water bodies No Yes Yes No Saturated or Movement- Prone Soils No Yes Yes No Alluvial Fans No Yes No Yes, if located next to wildlands Include landslide and debris flow analyses Wetlands No Delineate – see 18.68 Yes No ---PAGE BREAK--- Millcreek Code Update Sensitive Lands I 294 Table 18.61-1 Geotechnical/Geologic Hazard and Engineering Geology Reports Sensitive Lands features - See sensitive lands map Geotechnical Report Level 1 Geotechnical Report Level 2 Liquefaction Analysis WUI prevention report Other Reports Gullies/ravines deeper than 10’ and wider than 20’ No Yes No No Wildland Urban Interface No No No Yes The methods to be used in Geotechnical and Liquefaction studies for certain sensitive land features are detailed below: 1. A Geotechnical Report that includes a geologic hazards investigation and assessment shall be prepared by a qualified engineering geologist, except as provided below. The report shall be site-specific and shall identify all known or suspected potential geologic hazards, originating on-site or off-site, whether previously mapped or unmapped, that may affect the particular property. All reports shall be signed and stamped by the preparer and include the qualifications of the preparer(s). 2. Fault rupture hazard reports shall contain all requirements as described in the document “Minimum Standards for Surface Fault Rupture Studies” published by Salt Lake County and incorporated by reference. Fault study reports shall be prepared, signed, and stamped by a qualified engineering geologist. 3. Liquefaction analyses shall contain all requirements as stated in the document “Liquefaction: A Guide to Land Use Planning” published by Salt Lake County and incorporated by reference to this ordinance. Liquefaction analyses shall be prepared by a qualified professional geotechnical engineer and shall include the professional engineer’s original stamp and signature. 4. Debris flow hazard studies and reports shall include test pits or trench logs (scaled one inch to five feet), estimates of the number and frequency of past events and their thicknesses, volume and maximum clast sizes; and i estimates of the recurrence, depth, and impact forces anticipated in future events. While debris flow hazard analyses may require contributions from hydrologists and engineers, a qualified engineering geologist shall control and prepare the debris flow report. 5. Landslide reports shall be prepared in accordance with the Utah Geological Survey’s “Guidelines for Evaluating Landslide Hazards in Utah” (Hylland, 1996). Landslide reports shall be prepared, signed, and stamped by a qualified ---PAGE BREAK--- Millcreek Code Update Sensitive Lands I 295 engineering geologist, including the preparer’s qualifications. Slope stability or other analyses included in these reports shall include static and dynamic conditions and shall be prepared by a qualified professional geotechnical engineer licensed to practice in the State of Utah, and include the professional engineer’s original stamp and signature. 6. Snow avalanche hazard reports shall be prepared in accordance with the document “Snow- Avalanche Hazard Analysis for Land Use Planning and Engineering” (Colorado Geological Survey Bulletin 49) or other appropriate references. An experienced avalanche expert must prepare avalanche hazard reports, and include the avalanche expert’s qualifications to perform the study, such as their experience in performing similar studies. 7. Other geologic hazard or engineering geology reports shall be prepared in accordance with Utah Geological Survey Miscellaneous Publication M, “Guidelines for Preparing Engineering Geologic Reports in Utah.” The preparer shall sign all reports and include the qualifications of the preparer. Generally, these reports must be prepared, signed, and stamped by a qualified engineering geologist licensed to practice in the State of Utah. However, reports co-prepared by a professional engineer must include the professional engineer’s original stamp and signature. 8. All reports for areas where a Level 2 Geotechnical Report is required shall include, at a minimum: a. A 1:24,000-scale geologic map (with reference) showing the surface geology (including but not limited to landslides, alluvial fans, and fault scarps), bedrock geology (where exposed), bedding attitudes, faults or other structural features, and the locations of any geologic hazards. The map shall illustrate the proposed site modifications/mitigations relative to geological and natural hazards and/or geotechnical limitations that may impact the site. b. A detailed site map of the subject area showing any site-specific mapping performed as part of the geologic investigation, including boundaries and features related to any geologic hazards, topography, and drainage. The site map must show the location and boundaries of the hazard(s), delineation of any recommended setback distances from the hazard(s), and recommended location(s) for structures. Buildable and non-buildable areas shall be clearly identified. The scale shall be one inch equals 200 feet or smaller. c. Trench logs that explore two feet below the lowest proposed excavation or is specified in the special study requirements, and test pit logs (scale: one inch equals five feet, or smaller), boring logs (scale: ---PAGE BREAK--- Millcreek Code Update Sensitive Lands I 296 one inch equals five feet, or smaller), aerial photographs, references with citations, and other supporting information, as applicable d. Conclusions that summarize the characteristics of the geologic hazards, and address the potential effects of the geologic conditions and geologic hazards on the proposed development and occupants in terms of risk and possible damage. e. Specific recommendations for additional or more detailed studies as may be required to understand or quantify the hazard, evaluate whether mitigation measures are required, and evaluate mitigation options. f. Specific recommendations for avoiding or mitigating the effects of the hazard(s) consistent with the purposes of this ordinance. Such recommendations may include areas for preservation where the hazards prevent development. Design or performance criteria for engineered mitigation measures and all supporting calculations, analyses, modeling or other methods, and assumptions, shall be included in the report. Final design plans and specifications for engineered mitigation must be signed and stamped by a qualified professional geotechnical or structural engineer, as appropriate. g. Evidence on which recommendations and conclusions are based, shall be clearly stated in the report. B. Additional or more detailed studies may be required, as recommended by the report or as determined by the City Geologist on behalf of the City, to understand or quantify the hazard, or evaluate whether the mitigation measures recommended in the report are adequate. 18.61.110 Review and Approval of Required Reports A. In order to fulfill the purposes of this chapter, city staff and the City Geologist shall review any proposed land use that requires preparation of a geotechnical and/or Sensitive Lands/geologic hazard report under this chapter and as shown on the Sensitive Lands Map to determine the possible risks to the safety of persons, property or City infrastructure from Sensitive Lands. B. Prior to consideration of any such development, the Geotechnical and/or geologic hazard report shall be delivered/submitted to the City Geologist on behalf of the City for review and recommendation. The City Geologist may request the Utah Geological Survey, the U.S. Forest Service, and/or other experts to review the report (third-party review) and provide additional recommendations. The applicant shall reimburse the City for any cost the City must pay for such third-party reviews before the review is complete. On behalf of the City, the City Geologist shall file a copy of any report involving significant geologic hazards with the Utah Geological Survey, and another copy in the Planning Department project file. ---PAGE BREAK--- Millcreek Code Update Sensitive Lands I 297 C. On behalf of the City, the City Geologist and other retained experts in their review of the report, in consultation with the City Engineer and Planning Director, shall determine whether the development complies with all the following standards: 1. A qualified professional has prepared a suitable geotechnical and/or geologic hazard report. 2. The proposed land use shall not include land to be developed that encompasses unmitigable hazards, including buildings, storm drains and systems, culinary water facilities, public streets, utilities or critical facilities, whether off-site or on-site. Natural functions of the landscape (including but not limited to slopes, streams or other waterways, drainage, and wildlife habitat, whether off-site or on-site) shall be retained where the presence of geologic hazards or because of modifications to the site due to the proposed land use shall negatively impact such functions. 3. If the applicant submits substantial evidence in the Geotechnical/geologic hazard report that, using best available practices according to bona fide industry standards, including but not limited to AWWA, IBC, IFC, IRC, APWA, AASHTO, NFID, FEMA, WDDW, and UDEQ, the identified hazards can be mitigated to a level where the risk of human life and property damage is reduced to an acceptable and reasonable level, in a manner which has a minimum effect on the natural environment and the built environment and will not violate applicable federal, state or local statutes, ordinances or regulations, then the proposed mitigations and land use may be approved by the City. As part of an approval, the City Geologist shall provide an advisory letter that assesses the value and appropriateness of any proposed mitigation techniques. 4. Areas determined to be undevelopable shall be designated as permanent open space within the subdivision or site plan and through an acceptable permanent sensitive land preservation instrument as set forth in MKZ 18.61.130. D. On behalf of the City, the City Geologist may impose other requirements necessary to overcome any geologic hazards and ensure that the purposes of this chapter are met. These requirements may include, but are not limited to: 1. Additional or more detailed studies to understand or quantify the hazard or determine whether mitigation measures recommended in the report are adequate. 2. Specific mitigation requirements; establishment of buildable and/or non- buildable areas; limitations on slope grading; and/or revegetation. 3. Installation of monitoring equipment and seasonal monitoring of surface and subsurface geologic conditions, including groundwater levels. ---PAGE BREAK--- Millcreek Code Update Sensitive Lands I 298 4. Areas with geologic hazards hazardous to life or property shall not be approved for development. 5. Other requirements include but are not limited to time schedules for completing the mitigation and phasing of development. 6. Grading plans shall be prepared, signed and stamped by a licensed professional engineer and shall satisfy the requirements as set forth in the Engineering Requirements Checklist 18.61.120 On Site Professional and Final Inspection A. Professional Inspection. The City requires that a qualified professional be on site, at the developer’s expense, during certain phases of construction, particularly during grading phases, to verify that development is occurring in a manner compliant with the approved Geotechnical Report. Verification includes, but is not limited to, the construction of retaining walls, density testing as required by the design engineer, and the construction of any approved mitigation(s). For any real property concerning which development has proceeded based on a geologic or Geotechnical Report that the City has accepted, no final inspection shall be completed until the geotechnical engineer or engineering geologist who signed and approved the report certifies and delivers to the City, in writing, that the completed improvements and structures conform to the descriptions, designs, and requirements contained in said report. B. Design Engineer Verification. The design engineer shall inspect the construction of all slopes or cut and fill areas, provide all documentation of compaction/densities and submit inspection reports within 14 days of each major completed task. Including but not limited to the drain system/canyon drain, benching, soil nails, and material with optimal moisture content used with the proctor. The design engineer must certify in writing that all slopes are built according to the approved design and shall submit that certification to Millcreek. 18.61.130 Acceptable Permanent Sensitive Land Preservation Instruments A. If sensitive lands are not retained in private ownership, such areas shall be preserved through either a conservation easement, a dedication as accessible public open space to the City with a conservation easement, a deed restriction with an HOA or common area maintenance commitment, or other means that assure permanent preservation and are accepted by the City. Such areas shall include public access points, where trails are included in the preserved sensitive lands. If one of the above techniques is not utilized other preservation techniques may be negotiated as part of a Development Agreement with the City Council. Undevelopable sensitive lands held privately shall include a recorded deed restriction easily found in a Title report that states portions of the lot are undevelopable. Such portions shall be clearly identified via mapping or a legal description. B. Sensitive Lands Preservation Incentives through Density Transfers within the Development. To promote the preservation and avoidance of identified sensitive lands, density transfers/clustering may occur within a development proposal. The density shall reflect only ---PAGE BREAK--- Millcreek Code Update Sensitive Lands I 299 the additional units that could have been built on the preserved areas. Any sensitive lands defined in this ordinance may qualify for density transfers except for unbuildable areas above a 30% slope, avalanche/landslide/mud/debris flow corridors, fault lines, and areas delineated by ACOE as wetlands. Where densities are transferred within a project, the resulting new development shall receive flexibility in setbacks, and lot sizes. Such transfers shall be implemented and established through negotiation with the City Council in a Development Agreement, after a recommendation by the Planning Commission. C. Developments that include Homeowner’s Associations. Such developments shall include restrictive covenants with mitigation techniques for the continued maintenance, preservation, and enhancement of Sensitive Lands and their associated open spaces. 18.61.140 Other Considerations A. Buried springs and streams. Existing development may have buried springs and/or piped streams, which could have potential cultural and historical value. If new development or significant redevelopment of the site’s structures, defined as over 50 percent of the building is being proposed, modified or replaced, efforts to re-establish an open stream or utilize the spring as a water feature, shall be considered in the design process. Buried/capped wells and pipes may be impractical in reestablishing the natural feature. B. Low-Impact Development (LID) Storm Water Erosion and Pollution prevention techniques are required as set forth Millcreek Stormwater Management Plan, which the City Council has adopted and amended from time to time. Any retention basins shall be free-form, following the natural landforms. If such forms do not exist, the basin shall be shaped to emulate a naturally formed depression, including the sloped edges, which shall prevent erosion and be landscaped with native vegetation. Natural drainage channels shall be preserved. C. Trees, including Heritage Trees shall be addressed as set forth in MKZ 18.65, Landscape Standards. Oak and maple groves over 5,000 square feet in size shall be identified and avoided in the site design. D. Recorded Deed Restrictions. Where sensitive lands are identified and represent a hazard, a deed restriction shall be recorded, defining the sensitive land hazard, and locating it on the property for future owners to be aware. E. Existing Properties and Lots or Parcels of Record. The owner of an existing property or a lot or parcel of record legally created prior to the adoption of this chapter is not entitled to a building permit, unless that building permit fully complies with this chapter’s requirements, and all other applicable requirements. These requirements protect the public health, safety, and welfare of the community, and may prevent development on sensitive lands, especially steep slopes, areas with hazardous soils, and other sensitive lands features. 18.61.150 Warning And Disclaimer The Sensitive Lands ordinance codified in this chapter and Sensitive Lands hazard maps represent only those hazardous areas known to the City and should not be construed to include ---PAGE BREAK--- Millcreek Code Update Floodplain Hazards Mitigation I 300 all possible potential hazard areas. This ordinance and associated maps may be amended as new information becomes available pursuant to procedures set forth in this ordinance. This chapter’s provisions do not in any way assure or imply that areas outside its boundaries will be free from the possible adverse effects of geologic hazards. This chapter shall not create liability on the part of the City, any officer or employee thereof for any damages from geologic hazards that result from reliance on this chapter. 18.62 Floodplain Hazards Mitigation 18.62.010 Purpose It is the purpose of this chapter to promote public health, safety, and general welfare, and to minimize public and private losses due to flood conditions by provisions designed to: A. Protect human life and health; B. Minimize expenditure of public money for flood-control projects; C. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; D. Minimize prolonged business interruptions; E. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, and streets and bridges located in areas of special flood hazard; F. Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard to minimize future flood-blight areas; G. Ensure that potential buyers are notified that the property is in an area of special flood hazard; and H. Ensure that those occupying special flood hazard assume responsibility for their actions. 18.62.020 Methods of Reducing Flood Losses In order to accomplish its purposes, this chapter includes methods and provisions for: A. Restricting or prohibiting uses that are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases of erosion, flood height, or velocities; B. Requiring that uses vulnerable to floods, including facilities that serve such uses, be protected against flood damage at the time of initial construction; C. Controlling the alteration of natural floodplains, stream channels and natural protective barriers, which help accommodate or channel floodwaters; D. Controlling filling, grading, dredging, and other development which may increase flood damage; and E. Preventing or regulating the construction of flood barriers hat divert floodwaters or that may increase flood hazards in other areas. ---PAGE BREAK--- Millcreek Code Update Floodplain Hazards Mitigation I 301 18.62.030 Areas of Special Flood Hazard A. This chapter shall apply to all areas of special flood hazards within the jurisdiction of the City. The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "Flood Insurance Study, Salt Lake County, Utah, Unincorporated Areas," December 18, 1985, with accompanying Flood Insurance Rate Maps, Flood Boundary-Floodway Maps, and any revisions thereto, for areas located within the City and are adopted by reference and declared to be a part of this chapter. The Flood Insurance Study is on file with Millcreek Public Works. B. The City Engineer shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, as criteria for requiring that new construction, substantial improvements, or other development in zone A meet the provisions of this section. Such other source base flood elevation data shall be more specifically provided by the developer as provided by a registered professional engineer for subdivision and other proposed developments that contain at least fifty lots or five acres (whichever is less), at the developer’s expense. 18.62.040 Floodways A. Located within areas of special flood hazard established in MKZ 18.62.030 are areas designated as "floodways." Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply: 1. Encroachments, including fill, new construction, substantial improvements, the placement of manufactured homes, and other developments, are prohibited unless a professional engineer licensed to practice in the State of Utah certifies that they will not increase flood levels during the base flood discharge. 2. If subsection 1 of this section is satisfied, all new construction and substantial improvements and placement of manufactured homes shall comply with all applicable flood-hazard reduction provisions of MKZ 18.62.090 through MKZ 18.62.170. 18.62.050 Relationship of Floodplain Hazard Regulations to Zones The floodplain hazard regulations of this chapter shall be supplemental to, and not in lieu of, the applicable zoning provisions of the zone in which the land is located, and/or general provisions under MKZ 18, as amended. Property located within such areas of special flood hazard shall be developed only in conformance with the provisions set forth herein. In cases of conflict between such zone classifications and the floodplain hazard regulations, the most restrictive provisions shall govern. Permitted and conditional uses permitted in the areas of special flood hazard shall be developed only in conformance with the provisions set forth herein. All uses involving development, as defined in this chapter, shall further meet the supplemental conditions and standards set forth in this chapter. ---PAGE BREAK--- Millcreek Code Update Floodplain Hazards Mitigation I 302 18.62.060 Conditional Use Permits Required When If required by this title, a conditional use permit shall be obtained prior to special flood hazard area approval under MKZ 18.73.040. The City Engineer shall insure that requirements of this chapter are met before the permit is issued. 18.62.070 Construction or Development; Special Approval Required A. Approval by the Planning Director and City Engineer shall be obtained before construction or development begins within an area of special flood hazard established in MKZ 18.63.030. Application for such approval shall be made on forms furnished by the Planning Department, and may include, but not be limited to: Plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. B. Specifically, the following information is required: 1. Elevation in relation to mean sea level of the lowest floor, including the basement, of all structures except those located in zone A where base flood elevation data was not available nor required by this chapter; 2. Elevation in relation to mean sea level to which any structure has been floodproofed except those located in zone A where base flood elevation data was not available nor required by this chapter; 3. Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in MKZ 18.63.140 through MKZ 18.63.170; and 4. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. 18.62.080 Construction or Development: Duties of the City Engineer A. The City Engineer is responsible to: 1. Review Applications. a. Review all applications to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of MKZ 18.63.040 are met, b. Review all applications to determine that the requirements of this chapter have been satisfied, c. Review all applications to determine that all necessary permits have been obtained from federal, state or local governmental agencies from which prior approval is required; 2. Maintain Information File. a. Obtain and record the actual elevation provided by the developer (in relation to mean sea level) of the lowest floor, including the basement, ---PAGE BREAK--- Millcreek Code Update Floodplain Hazards Mitigation I 303 of all new or substantially improved structures except those located in zone A where base flood elevation data was not available nor required by this chapter, For all new or substantially improved floodproofed structures except those located in zone A where base flood elevation data was not available nor required by this chapter: Verify and record the actual elevation provided by the developer (in relation to mean sea level), and Maintain the floodproofing certifications required in MKZ 18.63.070.B.3. 3. Maintain for public inspection all records pertaining to the provisions of this chapter; 4. Verify Alteration of Watercourses. Verify that: a. A permit has been obtained from the Salt Lake County Division of Flood Control for any alteration of a watercourse identified as a flood-control facility in MKC 17.08.040, b. A permit has been obtained from the State Engineer for the alteration of a natural stream channel, c. Maintenance is provided for within the altered or relocated portion of such watercourse so the flood-carrying capacity is not diminished, d. Prior to any alteration or relocation of a watercourse, cities adjacent to it and the Utah Division of Emergency Management were notified and evidence of this notification has been submitted to the Federal Emergency Management Agency. 18.62.090 Protective Standards Generally A. The following standards, set forth in MKZ 18.63.100 through MKZ 18.63.130, are required in all areas of special flood hazards. 18.62.100 Anchoring A. All new construction and substantial improvements shall be anchored to prevent the structure’s flotation, collapse or lateral movement. B. All manufactured homes shall be installed using methods and practices that minimize flood damage. For the purpose of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse or lateral movement. Anchoring methods may include, but are not limited to, over-the-top and frame ties to ground anchors. This requirement is in addition to applicable anchoring requirements for resisting wind forces. ---PAGE BREAK--- Millcreek Code Update Floodplain Hazards Mitigation I 304 18.62.110 Construction Materials and Methods A. All new construction and substantial improvements shall be made of materials and utility equipment resistant to flood damage. Electrical, heating, ventilation, plumbing, air-conditioning equipment, and other service facilities shall be designed and/or located to prevent water from entering or accumulating within the components during flooding. B. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. Fully enclosed areas below the lowest storysubject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: 1. A minimum of two openings with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. 2. The bottom of all openings shall be no higher than one foot above grade. 3. Openings shall have screens, louvers, or other coverings or devices that permit floodwaters to enter and exit automatically. 18.62.120 Utilities A. All new and replacement water-supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system; B. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems, and discharge from the systems into floodwaters; and C. On-site waste-disposal systems shall be located to avoid impairment to them or contamination from them during the flooding. 18.62.130 Subdivision Proposals A. All subdivision proposals shall minimize flood damage; B. All subdivision proposals shall have public utilities and facilities, such as sewer, gas, electrical and water systems, located and constructed to minimize flood damage; C. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage. D. Such proposals and mitigation techniques shall be certified by a professional engineer. 18.62.140 Specific Protective Standards A. In all areas of special flood hazards where base flood elevation data has been provided as set forth in MKZ 18.62.030, the following provisions set out in MKZ 18.62.150 through MKZ 18.63.180 are required. ---PAGE BREAK--- Millcreek Code Update Floodplain Hazards Mitigation I 305 18.62.150 Residential Construction A. Any residential structure that is newly constructed or substantially improved shall have the lowest story, including the basement, elevated to a minimum of one foot above the base flood elevation. 18.62.160 Nonresidential Construction A. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest story, including the basement, elevated to a minimum of one foot above the base flood elevation; or, together with attendant utility and sanitary facilities, shall: 1. Be floodproofed so that below one foot above the base flood level the structure is watertight, with walls substantially impermeable to the passage of water; 2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and 3. Provide that where a nonresidential structure is intended to be made watertight below the base flood level: a. A professional engineer or architect licensed to practice in the State of Utah shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction adhere to accepted standards of practice for meeting the applicable provisions of this section, and b. A record of such certificates which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be provided to the City Engineer as set forth in MKZ 18.62.080.A.2.a.(2). 18.62.170 Manufactured Homes A. All manufactured homes to be placed or substantially improved shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is a minimum of one foot above the base flood elevation and is securely anchored to an adequately anchored foundation system. 18.62.180 Variances and Appeal Procedures for Floodplain Construction A. The land use hearing officer in consultation with the City Engineer, as designated by the zoning ordinance of the City, shall hear and decide all appeals and requests for Floodplain variances from the requirements of this chapter, as provided in MKZ 18.15.040, as amended. The following conditions shall apply, in addition to the provisions of MKZ 18.15.040. ---PAGE BREAK--- Millcreek Code Update Floodplain Hazards Mitigation I 306 B. Generally, Floodplain Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below one foot above the base level, providing the land use hearing officer has considered all technical evaluations, all relevant factors, and standards specified in other sections of this chapter, providing the following items have been considered: 1. The danger that materials may be swept onto other land to the injury of others; 2. The danger to life and property due to flooding or erosion damage; 3. The susceptibility of the proposed facility and its contents to flood damage, and the effect of such damage on the individual owner; 4. The importance of the services provided by the proposed facility to the community; 5. The necessity to the facility of a waterfront location, where applicable; 6. The availability of alternative locations for the proposed use, which are not subject to flooding or erosion damage; 7. The compatibility of the proposed use with the existing and anticipated development; 8. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; 9. The safety of access to the property in times of flood for ordinary and emergency vehicles; 10. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; 11. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges. C. Floodplain Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section. D. Floodplain Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. E. Floodplain Variances shall only be issued upon a determination that the Floodplain variance is the minimum necessary, considering the flood hazard, to afford relief. F. Floodplain Variances shall only be issued upon: 1. A showing of good and sufficient cause; ---PAGE BREAK--- Millcreek Code Update Floodplain Hazards Mitigation I 307 2. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, as identified in subsection B.1 of this section, or conflict with existing local laws or ordinances. 3. Substantial evidence was presented to meet all of the following State Code criteria: a. Does not constitute an unreasonable hardship; b. The site presents special circumstances not found elsewhere in the zone; c. Does not result in a loss of a property right others have in the zone; d. Is not contrary to the General Plan and the Public Interest; and e. The spirit of the ordinances is maintained. G. Any applicant to whom a Floodplain variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below one foot above the base flood elevation and that the cost of flood insurance will be commensurate with the increased flood risk resulting from the reduced lowest floor elevation. H. The land use hearing officer shall maintain the record of all appeal actions and report any variances to the Federal Emergency Management Agency upon request. 18.62.190 Warning and Liability Disclaimer A. The degree of flood protection this chapter requires is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Manmade or natural causes may increase flood heights. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the City, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. 18.62.200 Definitions A. As used in this chapter: 1. "Lowest floor" or “lowest story” means the lowest floor or story of the lowest enclosed area (including the basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built to render the structure in violation of the applicable nonelevation design requirements of this title. ---PAGE BREAK--- Millcreek Code Update Parking and Mobility Standards I 308 2. "Manufactured home" means a structure, transportable in one or more sections, built on a permanent chassis and designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than one hundred eighty consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles. 3. "Manufactured home park or subdivision" means a real property divided into two or more manufactured home lots for rent or sale. 18.63 Parking and Mobility Standards 18.63.010 General Provisions A. Purpose. The purpose of this chapter is to reduce street congestion and traffic hazards in the City by incorporating efficient, attractive facilities for off-street parking, loading, bicycle parking, and internal automobile and pedestrian circulation as an integral part of every use of land. B. Applicability. 1. When any building or structure is erected, enlarged, or increased in capacity, when any change of land use occurs, or when any new land use is established, off-street parking, loading, and bicycle parking shall be provided according to the standards of this chapter. 2. Plans Required to Obtain Building Permit. All applications for a building permit shall be accompanied by a site plan showing a parking layout that complies with the provisions of this chapter, including ingress and egress, loading areas, internal automobile, bicycle and pedestrian circulation, and landscaping. The plan shall be reviewed and approved by Planning Director in a manner consistent with the provisions of this chapter. Parking requirements may be calculated separately for each business or land use in a building. 3. If a land use changes and parking becomes inadequate, the City may require a revised site plan to evaluate the need for additional required parking. 18.63.020 Vehicle Parking Requirements A. General Parking Design Specifications ---PAGE BREAK--- Millcreek Code Update Parking and Mobility Standards I 309 Figure 18.64. 1 General Parking Design Specifications 1. All on-site parking facilities required by this section shall comply with the minimum parking and maneuvering space standards specified in this section, and the landscape standards as set forth in MKZ 18.64.100, Parking Lot Landscaping. 2. Minimum Parking Space Dimensions. The arrangement and type of parking spaces as set forth in Table 18.63-1, Minimum Parking Space Dimensions Table, shall determine the minimum dimensions for parking spaces. Table 18.63-1 Minimum Parking Space Dimensions Table Parking Angle or Type Standard Width Standard Length Compact Width Compact Length 90° 9’ 18’ 8’ 16’ 45° 9’ 18’ 8’ 16’ 60° 9’ 18’ 8’ 16’ Parallel 8’ 22’ None None Stacking 9’ 20’ None None Table Note 1. Parking spaces located adjacent to walls must be one foot wider to accommodate door opening clearance and vehicle maneuverability. Parking spaces located adjacent to columns, such as in parking structures or under canopies, also must be one foot ---PAGE BREAK--- Millcreek Code Update Parking and Mobility Standards I 310 wider, except for columns placed within four feet of the front or back of the parking space. The parking space width must be the clear width measured from the inside edge of a column to the inside edge of a column. Table Note 2. Angled parking space dimensions are measured as a rectangle at right angles within the angled space. Table Note 3. A maximum of 20 percent of the total required spaces may be compact spaces. 3. Access and Maneuverability a. Off-street parking spaces shall be accessed from private roadways, not from public streets. One-way drive aisles for angled parking be a minimum of 12 feet wide. Two-way drive aisle for angled and 90- degree parking shall be a minimum of 24 feet wide. b. A minimum six-foot wide pedestrian path from a street as defined in MKZ 18.98 to the entrance(s) of the building shall be provided. Pedestrian paths must be protected from vehicular traffic by grade separation, bollards, landscaping, planters, or other similar methods. Pedestrian paths that cross internal traffic shall be raised and clearly striped as pedestrian priority areas. c. Vehicular cross access to adjacent parking lots serving nonresidential uses shall be provided. Should a neighboring property have a topographical change of more than four feet near of the logical cross access point, this requirement shall not apply. 4. Surfacing a. Required parking, associated access drives, and required internal walkways shall be surfaced with an asphaltic or concrete/cement or other binder pavement, to provide a durable and dustless surface. b. Surfaces shall be graded and drained to dispose of all surface water accumulated within the area, and arranged and marked to provide the orderly and safe loading or unloading, parking, and storage of vehicles. c. Any parking area surface exceeding the number of minimum parking spaces by 10 percent, as established in this ordinance, shall incorporate low impact storm water retention practices as set forth in MKZ 18.65.100, Parking Lot Landscaping, throughout the parking lot. 5. Maintenance. Every public or private parking area, including commercial parking lots and outdoor sales lots, shall be maintained according to the requirements of this chapter. 6. Parking Structures or Podiums. In any Town Center, Meadowbrook, or Village Center identified in the adopted Future Land Use Map where a proposed use shall demand a parking lot of 200 or more spaces, a parking structure or ---PAGE BREAK--- Millcreek Code Update Parking and Mobility Standards I 311 podium is required to accommodate at least 50% of the parking demand. Parking structures or podiums shall incorporate commercial uses fronting on the street for at least 75% of the linear footage facing any public right-of-way. Any other part of the façade facing a public right-of-way shall incorporate decorative front facades facing the street to minimize the visual impact and provide screening of the use. 7. Electric Vehicle (EV) Charging Infrastructure. a. EV charging infrastructure is divided into three levels: Level 1 is considered slow charging. Voltage including the range from 0 to 120. Level 2 is considered medium charging. Voltage is greater than 120 and includes 240. Level 3 is considered fast or rapid charging. Voltage is greater than 240. b. For non-residential parking lots with eight or more spaces, at least 15percent of all spaces in a parking area shall provide Level 2 or Level 3 EV charging infrastructure to accommodate the potential future hardwire installation of a Level-2 or Level 3 EV charging station. c. For Multiple-Household residential uses with eight or fewer units, a minimum of one Level 2 EV charging station infrastructure must be provided to accommodate the potential future hardwire installation of a Level-2 EV charging station. If a dwelling unit has a dedicated parking space or spaces, at least one dedicated Level 1 or Level 2 outlet shall be provided at the dedicated parking space for the use of the dwelling unit. d. For Multiple-Household residential uses with more than eight units, at least 20 percent of the required minimum parking spaces shall provide Level 2 EV charging infrastructure to accommodate the potential future hardwire installation of a Level-2 EV charging station. If a dwelling unit has a dedicated parking space or spaces, at least one dedicated Level 1 or Level 2 outlet shall be provided at the dedicated parking space for the dwelling unit’s use. e. For Mixed Use developments, the commercial and residential EV charging spaces requirement shall be calculated independently using the standards in MKZ 18.63.020 and MKZ 18.63.020(A)(7)(d), then combining the standards to determine the total number of required EV charging spaces. EV spaces for residential portions of the project may be publicly accessible. ---PAGE BREAK--- Millcreek Code Update Parking and Mobility Standards I 312 f. All charging outlets shall be placed in areas accessible to the parking space and shall maintain minimum clearances and placements as set forth in all applicable building codes. g. A parking space dedicated as an electric vehicle charging station may count toward a minimum parking requirement provided that the electric vehicle charging station is not limited in function to a singular vehicle manufacturer. h. The required electric vehicle parking space shall be located in the same lot as the principal use. i. EV charging stations may be provided with on-street parking, however charging infrastructure must not impede on required walkways, rights- of-way, or other access areas. Charging cords shall be retractable or have a place to hang the connector and cord sufficiently above the pedestrian surface. Any cords connecting the charger to a vehicle shall be configured so that they do not cross a driveway, sidewalk, or passenger unloading areas. 8. Lighting. Lighting used to illuminate any off-street parking area shall comply with the standards set forth in MKZ 18.68, Outdoor Lighting. 9. Accessible Parking Spaces. For all parking areas, the accessible parking spaces required to satisfy the Americans with Disabilities Act shall be provided within the total number of stalls required. B. Design Specifications for Residential Uses with Four or Fewer Units. 1. Access. A driveway shall be provided for vehicular access from the street or right-of-way to the required parking spaces of any dwelling. a. Driveways accessing a street in excess of 66 feet in width shall include a means to prevent backing out onto the street, such as a circular drive or a perpendicular paved area to the driveway that enables the driver to turn the vehicle around, so that the vehicle can access the street without backing out onto the street. If such driveways are required, the required front yard landscaping set forth in MKZ 18.64.080 is waived for the driveway area. b. Width. Residential driveways shall not exceed 35 feet in width, although lots or parcels with two driveways shall have one of the driveways restricted to 12 feet and such driveways shall be separated by a minimum of 20 feet. 2. Surfacing. The driveway shall be constructed of a durable, hard surface such as: concrete (including permeable concrete), asphalt (including permeable asphalt), brick, pavers, stone, or block. The number, location, and width of driveways shall comply with the specifications set forth in MKC 14.12.110 and ---PAGE BREAK--- Millcreek Code Update Parking and Mobility Standards I 313 MKC 14.36.060. Driveways over 150 feet in length are subject to approval by the fire marshal. 3. Landscaping. The area within the front yard not occupied by a driveway or parking surface set forth above shall be landscaped as set forth in MKZ 18.64, Landscape Standards. 4. Electric Vehicle Infrastructure. New residential developments and any addition to a single-household dwelling, two-household dwelling, three-household dwelling, or four-household dwelling where the gross floor area is changed, modified, or expanded by 50 percent shall provide a 220-240-volt / 40 amp outlet on a dedicated circuit and in close proximity to designated vehicle parking to accommodate the potential future hardwire installation of a Level-2 electric vehicle charging station. 5. Charging outlets shall be placed in areas accessible to the parking space and shall maintain minimum clearances and placements as set forth in all applicable building codes. 6. Private Vehicle Parking and Storage a. A private vehicle may parked in the front, side, or rear yard of a dwelling, provided the it is parked on a paved surface in compliance with this chapter. b. If a private vehicle is parked or stored on any other type of surface, private vehicles must be behind the front line of the dwelling and screened from view from public streets or neighboring properties with an opaque fence at least six feet tall. 7. Recreational Vehicles (RVs) a. Residential Driveways in a Front Yard. Recreational vehicles shall not be parked within a front setback of a residence unless they are parked on a paved surface in compliance with this chapter. Recreational vehicles parked on driveways must be at least 10 feet back from the edge of the street or the public right-of-way, whichever is greater. Recreational vehicles parked on a driveway in the front yard must be licensed, operable and parked perpendicular to the street. b. Side or Rear Yards. ---PAGE BREAK--- Millcreek Code Update Parking and Mobility Standards I 314 Recreational vehicles may be parked or stored on a parking pad in a side or rear yard. A parking pad for a recreational vehicle shall extend the full length and width of the vehicle or trailer. Parking pads shall be constructed of a hard surface as defined in this Chapter, or of six inches of compacted gravel and must be kept weed free. c. Recreational vehicles shall not be stored in excess of twenty-four (24) consecutive hours in the public right of way, including any portions of the public right of way that are not improved. 8. Commercial vehicles. Commercial vehicles shall not be parked or stored on residential property, except in the following circumstances: a. Commercial vehicles may be parked on a property in conjunction with lawfully permitted construction, maintenance, or site development activities so long as said activities are diligently pursued. b. One commercial vehicle may be parked behind the front line of the dwelling and, screened from view from public streets or neighboring properties, as well as an opaque fence or opaque gate that is at least six feet tall. c. One commercial vehicle may be parked in the front yard or side yard of a dwelling, in any R-1 or R-2 zone upon issuance of a permit by the city, provided that all of the following criteria are met: No other commercial vehicle is parked or stored on the property. The operator of the vehicle is required to be on call twenty-four (24) hours a day to use the vehicle in response to an emergency; The commercial vehicle is parked on a paved surface in compliance with this Chapter; The commercial vehicle is parked entirely on private property, not parked on or over the street or sidewalk; and The commercial vehicle does not exceed Class 5 (two-axle, six- tire single-unit trucks) in the Federal Highway Administration vehicle classification. C. Minimum Parking Requirements 1. Unless otherwise specified by this Chapter, each development or land use listed in Table 18.63. 2 Minimum Vehicle Parking Requirements shall provide the minimum number of on-site parking and stacking spaces in accordance with Table 18.63.2 Minimum Vehicle Parking Requirements 2. Parking calculations are based on gross square footage. ---PAGE BREAK--- Millcreek Code Update Parking and Mobility Standards I 315 3. When the required number of vehicle parking is computed as a fraction, the requirement is rounded to the nearest whole interval. Fractions less than one- half are rounded to the next lowest whole number. 4. Unlisted Uses. For uses not expressly listed in Table 18.64.2 Minimum Vehicle Parking Requirements, the Planning Director or their designee shall have the authority to make the following determinations, in conjunction with a site plan application based on the following considerations: a. A use that is listed in Table 18.64.2 Minimum Vehicle Parking Requirements is deemed similar to the proposed use, in which case the similar use requirement may be applied; or b. A newly established parking minimum requirement may be determined for an unlisted use by referencing standards in parking resources published by the National Parking Association, American Planning Association, Institute of Traffic Engineers (ITE), Urban Land Institute, International Conference of Shopping Centers, or through a parking study commissioned by the city and performed by a professional transportation engineer licensed to practice in the State of Utah. Parking studies shall follow the format and procedure set forth in MKZ 18.69, Required Studies and Plans. Table 18.63-2 Minimum Vehicle Parking Requirements Use Minimum Requirement Notes RESIDENTIAL USES Residential Facility for the Elderly or for Persons with a Disability A minimum of 4 parking spaces plus 1 parking space for every 5 residents. If the number of residents who own or operate a motor vehicle exceeds the number of parking spaces required for Residential Facilities for Persons with a Disability, additional parking shall be provided to ensure that every resident who owns or operates a motor vehicle has a lawfully located off-street parking space. Mobile Home Park 2 spaces per unit ---PAGE BREAK--- Millcreek Code Update Parking and Mobility Standards I 316 Table 18.63-2 Minimum Vehicle Parking Requirements Use Minimum Requirement Notes Single-Household Dwelling, Two- Household Dwelling, Three-Household Dwelling and Four- Household Dwelling 2 spaces per unit One space must be covered parking Existing dwellings that lack one covered space as of March 12, 2018 are exempt from a covered parking requirement. Accessory Dwelling Units 1 stall per unit Multiple-Household Dwelling in the CCOZ or MD zones (5 or more units) 1.0 spaces per studio unit 1.0 space per one bedroom unit 1.5 spaces per two-bedroom unit 2 spaces per unit for units with three or more bedrooms 0.25 spaces per unit for visitor parking Multi-Household Dwelling in all other zones (5 or more units) 1.0 spaces per studio unit 1.25 space per one bedroom unit 1.5 spaces per two-bedroom unit 2 spaces per unit for units with three or more bedrooms 0.25 spaces per unit for visitor parking ---PAGE BREAK--- Millcreek Code Update Parking and Mobility Standards I 317 Table 18.63-2 Minimum Vehicle Parking Requirements Use Minimum Requirement Notes Affordable Housing 0.50 spaces per studio unit 0.75 space per one bedroom unit 1 space per unit with two or more bedrooms 0.25 spaces per unit for visitor parking The application must demonstrate that units are allocated as permanent affordable housing, either through deed restriction, covenant, or other means of legal documentation deemed acceptable by the City Attorney. Senior (55+) Housing 0.5 spaces per unit INSTITUTIONAL USES Religious assembly, auditoriums, and other places of public assembly 1 space per 300 square feet in the primary seating area Daycare, Preschool and Nursery Schools 1 space per 400 square feet of gross floor area If drop-off facilities are present, a minimum of 3 stacking spaces shall be provided Primary Schools and Middle Schools 1 parking space per classroom If drop-off facilities are present, a minimum of 6 stacking spaces shall be provided High School 1 space per classroom plus 1 space per 5 non-bussed students If drop-off facilities are present, a minimum of 3 stacking spaces shall be provided Trade School, College, or University 1 space per classroom plus 1 space per 4 students Homeless Resource Center 1 space per 15 beds Hospitals 1.5 spaces per bed in the total facility Nursing Homes 4 parking spaces plus 1 parking space for every 5 beds. Detention Facility/Jail 2 spaces per 3 employees and 1 space per each service vehicle stored on site. Parking for non-standard size vehicles such as busses is required if such vehicles are to be stored outdoors in parking areas. ---PAGE BREAK--- Millcreek Code Update Parking and Mobility Standards I 318 Table 18.63-2 Minimum Vehicle Parking Requirements Use Minimum Requirement Notes ENTERTAINMENT AND RECREATION USES Amusement Center 1 space per 150 square feet Dance Halls, Concert Halls, Club Licensees 1 space for each 150 square feet Movie Theater 1 space per 10 seats Stadiums 1 space per 1,000 square feet of seating area Gym or Fitness Studio, low volume 1 space per 250 square feet Gym or Fitness Studio, high volume 1 space per 150 square feet Soccer, Baseball, or Football field 20 spaces per field area Tennis, Pickleball Handball and Racquetball facility 1 space per court Swimming Pools (Commercial and Public) 1 space per 1,000 square feet of usable area COMMERCIAL USES Fuel Station 1 space per 300 square feet plus 2 stacking spaces per fueling pump Fueling pumps may not be located within twenty-four (24) of a property line or street or thirty (30) of a Residential Zone Boundary line. Stacking spaces may not infringe on vehicular access ways. Canopies over fuel pump islands shall be set back not less than ten (10) feet from any street property line and not less than ten (10) feet from any Residential Zone Boundary. ---PAGE BREAK--- Millcreek Code Update Parking and Mobility Standards I 319 Table 18.63-2 Minimum Vehicle Parking Requirements Use Minimum Requirement Notes Automobile Service and Repair 2 spaces for each service bay If towing service is provided, sufficient area shall be located on-site for temporary storage of vehicles and the tow truck. Automobile, Equipment, or Recreational Vehicle Sales 1 customer parking space per 400 square feet of gross floor area in the automobile sales area or 4 parking spaces, whichever requirement is greater. Depository Financial Institutions 1 per 400 square feet If drive through windows, or automobile use Automated Teller Machines (ATM) are provided, a minimum of 3 sacking spaces shall be provided Lodging 1 space per room Professional Offices 1 space per 400 square feet for the first 20,000 square feet plus 1 space per 1000 square feet excess of 20,000 square feet. Medical, Dental, Veterinary Offices 1 space per 300 square feet Mortuary or Funeral Home 1 per 300 square feet Restaurants without drive a drive-up window 1 space per 150 square feet of seating area Restaurant with a drive- up window 1 space per 150 square feet of seating area plus 4 stacking spaces from place of order and 4 stacking spaces from pick up window. Stacking spaces may not infringe on vehicular access ways. A traffic study subject to the standards as set forth in MKZ 18.69, Required Studies and Plans is required to verify that the minimum stacking spaces are sufficient, which is applicable to a change of use. ---PAGE BREAK--- Millcreek Code Update Parking and Mobility Standards I 320 Table 18.63-2 Minimum Vehicle Parking Requirements Use Minimum Requirement Notes Retail Sales and Shopping Centers 1 space per 300 square feet of gross floor area for the first 20,000 square feet plus 1 space per 1000 square feet of gross floor area in excess of 20,000 square feet. Personal Service 1 per 300 square feet INDUSTRIAL Manufacturing and Industrial Uses 1 space per 3 employees plus 1 space per company vehicle Flex Space 1 space per 1,000 square feet up to 40,000 square feet, plus 1 space for each 2,000 square feet over 40,000 square feet Warehouse 1 space per 2000 square feet of gross floor area for the first 20,000 square feet plus 1 space per 3000 square feet of gross floor area in excess of 20,000 square feet. Self-Storage Facility 1 per 50 units, plus 1 per 400 square feet of office area, plus 2 vehicle stacking spaces for security gate. Aisles suitable for temporary loading and unloading may be counted as required parking stalls Table Note 1. "Affordable housing", as used in this table, is defined as a development that is the recipient of a low-income housing tax credit or other public financing and in which all units in the project provide affordable housing to a target population with a household income less than or equal to 80 percent of Salt Lake County's area median income for a time period of at least 30 years. Table Note 2. “Low Volume Gym or Fitness Studio”, as used in this table, is defined as a gym or fitness studio that is less than 5,000 square feet in area. Table Note 3. “High Volume Gym or Fitness Studio”, as used in this table, is defined as a gym or fitness studio that is 5,000 square feet in area or larger. D. Reductions, Alternative Plans and Required Studies ---PAGE BREAK--- Millcreek Code Update Parking and Mobility Standards I 321 1. Stacking Study. For uses with a drive through window, a stacking study is required to determine if the minimum stacking required by this Chapter is sufficient for the proposed use. Stacking studies shall follow the format and procedure set forth in MKZ 18.69, Required Studies and Plans. A reduction or increase in stacking requirement may be approved by the Planning Director pursuant to the following criteria: a. The stacking study shall be commissioned by the city, conducted by a professional transportation engineer licensed to practice in the State of Utah, and paid for by the applicant; b. The study calculates the projected demand for stacking at the site in comparison to the requirements of Table 18.64.2 Minimum Vehicle Parking Requirements; c. The stacking study demonstrates that the proposed site plan will not exacerbate an existing deficiency in circulation, stacking, or parking; d. Any proposed stacking spaces are sufficient for the use and will not result in blockage of rights of way, internal parking, or circulations spaces; e. If a reduction in stacking spaces is requested, the stacking study shall provide industry-standard evidence of similar uses in similar contexts indicating a lesser number will meet or exceed the intent of this Chapter due to any of the following: The likelihood that patrons or tenants have reduced car ownership or drive less; The availability and practicality of walking, bicycling or transit access supporting the use; or Other transportation demand management plans proposed by the applicant. 2. Transit Proximity Reduction. The minimum number of required parking spaces may be reduced up to 20 percent for uses that are located within one-quarter mile of a high frequency transit station such as light rail, commuter rail, or bus rapid transit (BRT) lines. 3. Valet Parking Program. A valet parking program is a parking plan with personnel retained to assist parking at a drop-off area and exclusively controls the parking of vehicles into valet spaces until they are returned to a pick-up area. A valet parking program may reduce the required parking of a use up to 90 percent of the required parking minimum if the valet program meets the following requirements: a. A valet parking plan must include the following: ---PAGE BREAK--- Millcreek Code Update Parking and Mobility Standards I 322 A document detailing the location of valet parking lots, pick up and drop off areas, stacking spaces, and egress/ingress information. A document detailing the hours of operation, staffing required, a minimum lease period of 10 years, and any other applicable operational procedure information. b. A parking study commissioned by the city, conducted by a professional transportation engineer licensed to practice in the State of Utah, and paid for by the applicant must show that the proposed valet program provides sufficient peak time parking. c. A minimum of eight percent of the required parking is reserved for self-parking. d. Valet parking lots, located on a major street with a minimum width of 66 feet, must be on the same side of the street as the use they serve. Valet parking lots may be provided on the opposite side of the use being served, of a minor street, a street with a width less than 66 feet. 4. Shared Parking. Shared use of required non-residential parking spaces may occur where two or more uses on the same or separate sites are able to share the same parking spaces because their parking demands occur at different times. Shared use of required nonresidential parking spaces is allowed, subject to approval by the Land Use Authority, and provided that the following documentation is submitted in writing with the site plan application: a. Names and addresses of the property owners that are engaging in a shared parking agreement. b. A parking study commissioned by the city, conducted by a professional transportation engineer licensed to practice in the State of Utah, and paid for by the applicant demonstrating the shared spaces are sufficient for each use at peak times. The parking study must include a breakdown of uses, comparing the peak times of weekday night, day, evening, and weekend day and evening hours as set forth in Table 18.64.3 Shared Parking Percentage Requirements. c. A map of shared parking areas along with number of parking spaces to be shared. d. A legal instrument such as an easement or deed restriction that guarantees access to the parking for both uses. e. In determining the total requirements for shared parking facilities, the Planning Director or Planning Commission shall use Table 18.64.3 ---PAGE BREAK--- Millcreek Code Update Parking and Mobility Standards I 323 Shared Parking Percentage Requirements according to the following guidelines: For each applicable general land use category, calculate the number of spaces required for a use as if it were the only use (refer to the schedule of minimum off-street parking requirements). Use the figures for each individual land use to calculate the number of spaces required for that use for each time period specified in the table (six time periods per use). For each time period, add the number of spaces required for all applicable land uses to obtain a grand total for each of the six time periods. Select the time period with the highest total parking requirement and use that as the total number of parking spaces required for the site on a shared parking basis. For uses not listed in Table 18.64.3 Shared Parking Percentage Requirements, or in otherwise unique circumstances, the Planning Director shall determine the required parking for the six time periods. These determinations shall be made in accordance with the National Parking Association, International Council of Shopping Centers (ICSC) American Planning Association, Urban Land Institute (ULI), Institute of Traffic Engineers (ITE) or other reputable sources of parking data. Table 18.64-3 Shared Parking Percentage Requirements General Land Use Category Weekdays Weekends 12:00 a.m. - 7:00 a.m. 7:00 a.m. - 6:00 p.m. 6:00 p.m. - 12:00 a.m. 12:00 a.m. - 7:00 a.m. 7:00 a.m. - 6:00 p.m. 6:00 p.m. - 12:00 a.m. Office and Industrial 5% 100% 5% 0% 5% 0% Retail 5% 100% 80% 5% 100% 60% Restaurant 50% 70% 100% 70% 50% 100% Hotel 100% 65% 100% 100% 65% 100% ---PAGE BREAK--- Millcreek Code Update Parking and Mobility Standards I 324 5. Offsite Parking Credits a. If offsite parking is available either on public property or on property provided by deed, lease, or easement by a public entity or private landowner for offsite parking, which parking is within 300 feet as measured from the closest property lines of a particular land use, credits may be given toward the parking requirement for said land use. b. In cases where multiple businesses or land uses qualify to use the same parking spaces for offsite parking credits, the credits shall be pro-rated for each land use. In calculating the pro-rated offsite parking credits, the Planning Director shall consider such factors as: The amount of frontage a property has on the street; The total number of parking stalls required for a given land use; and The potential that future development in the immediate vicinity creates further demand for parking spaces. The Planning Director may also use Table 18.64.022 Minimum Vehicle Parking Requirements for land uses in different general categories to consider shared offsite parking. c. If offsite parking is provided by deed, lease, or easement, the deed, lease, or easement shall require the owner and/or heirs, successors or assigns to maintain the required number of parking spaces for a minimum duration of at least ten (10) years. The city shall be notified when a lease or easement is terminated. If for any reason the lease or easement is terminated during the ten (10) year minimum contractual period, the lessee shall either replace the parking being lost through the terminated lease or easement or obtain approval for alternative Table 18.64-3 Shared Parking Percentage Requirements General Land Use Category Weekdays Weekends 12:00 a.m. - 7:00 a.m. 7:00 a.m. - 6:00 p.m. 6:00 p.m. - 12:00 a.m. 12:00 a.m. - 7:00 a.m. 7:00 a.m. - 6:00 p.m. 6:00 p.m. - 12:00 a.m. Residential 100% 50% 80% 100% 75% 75% Theater/Entertainment 5% 20% 100% 5% 50% 100% Religious Assembly 0% 30% 50% 0% 100% 75% ---PAGE BREAK--- Millcreek Code Update Parking and Mobility Standards I 325 parking requirements as found in this Chapter. A business license may be suspended until a new lease is secured for off-site parking. d. Following approval of a building permit or conditional use permit, the lease or easement shall be recorded, referencing and appearing on the record of title to both the primary use property and the property to be used for off-site parking. Off-site parking areas shall include, at a minimum, one pedestrian connection to the primary use. The city shall approve such connections to the off-site parking areas. A pedestrian connection shall be installed prior to the use of an off-site parking area if one does not exist. 6. Street Parking Credits. When striped public parking spaces are present along the street frontage of a site, those spaces may contribute to the minimum parking requirement, subject to the following criteria: a. Striped on-street parking spaces must abut the frontage of a given site. Parking spaces on the opposite side of the street may not contribute to the required parking. b. Striped on-street spaces may contribute up to 50 percent of the parking minimum requirement. c. In the case that street parking is constructed as an improvement in conjunction with an approved site plan, the striped on-street spaces may contribute up to 75 percent of the parking minimum requirement. d. These spaces may not be used for community parking credits. E. Alternative Travel Mode Reduction. For sites providing enhancements, a total reduction of up to 15percent of the minimum parking requirement may be granted by the Planning Director at the time of site planning if the site provides one or more of the following enhancements: 1. Enhanced walkways that exceed the minimum required sidewalk width by two feet with enhanced landscaping adjacent to the walkways. 2. A paved plaza must be located between the primary structure and the right of way, covering at least 10 percent of the site’s square footage. The plaza must provide seating and shade trees. 3. Enhanced bicycle parking is provided by exceeding the minimum requirement by at least 50 percent. 4. If a site fronts a bus stop, additional enhancements at the stop such as benches, a shelter, or similar amenities are provided. F. Provisional Parking. Provisional parking is defined as an area or areas within a parking lot where the spaces shown on the approved parking plan are landscaped rather than paved. The site plan must show that the provisional parking spaces comply with the Chapter’s parking stall size requirements and the maneuverability and aisle requirements as set forth in this Chapter. ---PAGE BREAK--- Millcreek Code Update Parking and Mobility Standards I 326 18.63.030 Off-Street Loading Requirements A. Loading Space Design Requirements 1. Minimum Dimensions: Each loading space shall be at least 10 feet wide, 25 feet long and 14 feet high. 2. Loading spaces must be located on the same property that they are intended to serve. 3. For industrial and commercial uses, a loading space may occupy any required yard or court only if it is enclosed by a brick or stone wall not less than six feet in height. 4. Loading spaces for Multiple-Household dwellings must be located in an easily accessible area that will eliminate deliveries and moving vehicles from frequently blocking the right-of-way or other major internal access drives. B. Off-Street Loading Requirements 1. Each development or land use listed in Table 18.63.4 Minimum Off-Street Loading Requirements shall provide the minimum number of on-site loading spaces in accordance with Table 18.63.4 Minimum Off-Street Loading Requirements. 2. When the computation of the required loading spaces results in a fraction, the requirement is rounded to the nearest whole interval. Fractions less than one- half are rounded to the next lowest whole number. 3. Reductions of up to 100 percent of the loading space requirement may be considered at time of site planning by the Planning Director, which shall be considered according to the following criteria: a. The required number of loading spaces is not necessary due to the nature of the proposed use; b. Reducing the requirement will not result in frequent delivery traffic blocking the right-of-way or high-traffic internal circulation areas. Table 18.64-4: Minimum Off Street Loading Requirements Use Minimum Requirement Multi-Household dwelling with 15 or more units 1 loading space per 150 units, maximum of 3 Commercial and industrial uses with no docking facility up to 10,000 gross square feet 1 space ---PAGE BREAK--- Millcreek Code Update Parking and Mobility Standards I 327 18.63.040 Bicycle Parking Requirements A. Bicycle Parking Design Standards 1. Bicycle parking spaces shall be: a. Located on the same lot as the principal use; b. Located and designed to prevent damage to bicycles by cars; c. Located so as not to interfere with pedestrian movements; d. Located in a highly visible, well-lighted area that is located near the entrance(s) to the building; e. Located to provide safe access from the spaces to the public right-of- way or bicycle lane; f. Designed with racks to accommodate a range of bicycle shapes and sizes, and to allow the frame and wheel(s) of each bicycle to be supported and secured against theft without interfering with adjacent bicycles; g. Racks shall be anchored to resist removal by vandalism and resistant to rust or corrosion. h. Bicycle parking spaces that meet the above requirements may be located within the building. i. The proposed bicycle parking spaces shall be clearly shown on the site plan indicating location and type. j. Multiple-Household residential uses with more than eight units shall provide an on-site enclosed and secured bicycle storage room with racks for the use of the residents. B. Bicycle Parking Requirements. Bicycle parking facilities shall be provided for any new commercial, office, manufacturing, industrial, Multiple-Household residential, recreational, public and/or quasi-public use for which automobile parking is required; or for modification or change of any use listed above that results in the need for additional automobile parking facilities and is required for all principal uses as outlined in Table 18.64.5 Bicycle Parking Requirements. Table 18.64-5: Bicycle Parking Requirements Use Minimum Requirement Residential, Multi-Household with 3-8 units 2 spaces per 4 dwelling units Residential, Multi-Household more than 8 units 2 spaces per 4 dwelling units, 50% of which must be in an enclosed and secured bicycle storage room ---PAGE BREAK--- Millcreek Code Update Landscape Standards I 328 Table 18.64-5: Bicycle Parking Requirements Use Minimum Requirement Office 2 publicly available spaces per establishment or 1 space per 15,000 square feet, whichever is greater Restaurant 4 publicly available spaces per establishment Retail 2 publicly available spaces per establishment School 1 space per classroom 18.64 Landscape Standards 18.64.010 General Provisions A. Purpose. The landscape design and development standards set forth in this chapter are intended to facilitate water conservation and promote the following: 1. More efficient use of water resources; 2. Preservation and enhancement of the City's environmental and aesthetic character; 3. Promotion of design continuity between adjacent land uses; 4. Preservation, enhancement, and expansion of the urban tree canopy; 5. Improved management of stormwater runoff; 6. Reduction in the absorption and re-generation of heat from paved vehicular parking areas and other impervious surfaces; 7. Promotion of screening and buffering between land uses by way of providing adequate vegetation; 8. Re-introduction of native and low water use plant species into the developed environment; 9. Reduction of landscape maintenance responsibilities and costs. B. Applicability 1. All land development applications shall be accompanied by a landscape plan prepared by a licensed Landscape Architect. Building permit applications for individual single-family residences require a landscape plan but are exempt from the requirement that it be prepared by a licensed Landscape Architect unless applying for a rebate program. All landscaping within the City shall comply with this section. a. New Development. These landscape standards shall be applied to all new developments in the city including surface or at-grade parking areas and the exterior perimeter of parking structures. ---PAGE BREAK--- Millcreek Code Update Landscape Standards I 329 b. Existing Development. Development in existence at the effective date of this chapter shall be brought into compliance with these provisions if: Commercial, Mixed-use, Multi Household, Manufacturing: The gross floor area of improvements is changed, modified, or expanded by more than 20 percent, Single household and/or two-household developments: The gross floor area of improvements is changed, modified or expanded by 50 percent. An existing off-street parking area is expanded by 10 parking stalls. c. Exemptions. The provisions of this chapter do not apply to the following: The interior undercover portions of parking structures; The interior undercover portions of carports containing 10 parking spaces or fewer The interior display areas of vehicle and equipment sales lots; The interior areas of vehicle and equipment storage lots; 2. Certificate of Occupancy. All required public landscaping improvements shall be installed in accordance with this Chapter, or an improvement assurance guarantee shall be submitted for required Public Landscaping Improvements prior to the issuance of a Certificate of Occupancy. Installation of Public Landscaping Improvements is subject to an improvement assurance guarantee as set forth in MKZ 18.24.060. 18.64.020 Water Efficiency Requirements A. Purpose. To ensure more efficient water consumption in establishing and maintaining landscape improvements. B. Landscape Hydrozones. Plants with similar water needs shall be grouped together in Hydrozones as set forth in Table 18.64.1, with no more than 10 percent of plants to be identified as Zone 3 and Zone 4 1. Plant Material Requirements. According to the adopted Millcreek Plant Species List, all plant material used on a site shall be water-conserving and adapted to the local climate.. 2. Plantings for the intent of food production are exempt from Hydrozone requirements. Table 18.65-1 Hydrozones ---PAGE BREAK--- Millcreek Code Update Landscape Standards I 330 HYDRO ZONE IRRIGATION FREQUENCY NOTES Zone 0 Little or no water needed Plant material in Zone 0 and 1 with water use requirement, as noted in the Millcreek Plant Species List, shall be used at the interface between urban areas and natural (non- irrigated) open space Zone 1 Plants require supplemental irrigation once per month Zone 2 Plants require supplemental irrigation twice per month Zone 3 Plants require supplemental irrigation once per week No more than ten percent (10%) of plant material may fall under zone 3 and/or 4 watering frequency Zone 4 Most intensive water-use zone, plants require supplemental irrigation twice per week C. Water Efficient Irrigation System Requirements 1. Designer Qualifications. All landscape irrigation plans required with development applications shall be designed by a Landscape Architect licensed to practice in the State of Utah or by a person exempt from professional licensure requirements for the scope of work performed. Building permit applications for individual single-household dwellings are exempt from the designer qualification requirement that theybe prepared by a Landscape Architect licensed to practice in the State of Utah. 2. Design Standards. The design of irrigation systems required by this chapter are subject to the following standards: a. Drip Irrigation. Drip technology shall be used to the greatest extent possible, and shall be used to irrigate plants in non-turf areas. Drip emitters or a bubbler shall be provided for each tree. Bubblers shall not exceed 1.5gallons per minute per device. Bubblers for trees shall be placed on a separate valve. Filters and end flush valves shall be provided as necessary for drip irrigation lines. b. Overhead Sprinklers. Overhead sprinklers shall only be used for turf grass areas. Stream rotary nozzles shall be placed a minimum of four inches of height to clear turf. Sprinklers shall have matched precipitation rates with each control valve circuit. Sprinkler heads shall be attached to rigid lateral lines with flexible material (swing joints) to reduce potential for breakage. c. Operation Limits. Irrigation systems shall not be scheduled to operate between the hours of ten (10) a.m. to seven p.m. d. Automatic Controller. All irrigation systems shall include an electric automatic controller capable of utilizing an automatic rain shut-off ---PAGE BREAK--- Millcreek Code Update Landscape Standards I 331 device and shall not be scheduled to operate between the hours of ten (10) a.m. to seven p.m. to reduce water loss from wind and evaporation. e. Slope Adjustments. On slopes exceeding 30 percent , the irrigation system shall consist of low angle spray heads, drip emitters, or bubblers. f. Elevation Adjustments. Check valves, pressure regulating valves, and pressure compensating heads shall be required where elevation differences will cause low-head drainage. g. Pressure Regulation. A pressure regulating valve shall be installed and maintained by the consumer if the static service pressure exceeds 80 pounds per square inch (psi). The pressure-regulating valve shall be located between the meter and the first point of water use, or first point of division in the pipe, and shall be set at the manufacturer's recommended pressure for the sprinklers. h. Valves. Each valve shall irrigate a landscape with similar site, slope and soil conditions and plant materials with similar watering needs. Turf and non-turf areas shall be irrigated on separate valves. Drip emitters and sprinklers shall be placed on separate valves. 3. Operational Efficiency. The minimum efficiency required for irrigation systems established in accordance with the requirements of this chapter is 75vpercent for the distribution efficiency for all fixed spray systems and 70 percent distribution efficiency for all rotor systems. 18.64.030 Landscape Design and Installation Standards A. Applicability. All required site landscape improvements shall be provided in accordance with the following standards. B. Retention of Significant Natural Features. 1. Features that are unique to a property, such as but not limited to that property's natural topography, existing vegetation, or riparian features shall be taken into consideration in the planning and design of landscape improvements for that property. 2. Existing trees and plants on development sites that are within 100 feet of a natural waterway and that are not identified as an unhealthy or invasive species as indicated by the Millcreek Plant Species List or the Utah Department of Agriculture shall be retained. C. Plant Material Specifications ---PAGE BREAK--- Millcreek Code Update Landscape Standards I 332 1. Measurements and Specifications. The measurements and specifications for all plant material shall be as set forth in the American Standard for Nursery Stock (ANSI Z60.1-2014) as periodically amended. 2. Plant Quality. All plant material shall be healthy, well branched, and well rooted, formed true to variety and species. 3. Plant Material. Plant material shall consist of native and regionally adapted species per the Millcreek Plant Species List with selection based on suitability to conditions of the site such as existing plant palette, soil conditions, wildlife habitat, microclimate, water requirements, and the surrounding environment. 4. Prohibited Plant Material. Noxious or invasive species as identified by the Millcreek Plant Species List or the Utah Department of Agriculture and Food shall be prohibited from newly installed landscapes. 5. Plant Coverage and Growth Rate. The quantity and size of materials planted shall be sufficient to cover 75 percent of designated landscape areas within three years of initial planting. 6. Species Diversity. A variety of plant species shall be utilized in all site landscaping. No one species may make up more than 25 percent of the total non-turf plant material within the landscaped area including a diverse range of tree species. Additionally, tree species shall vary as set forth in Table 18.64-.2, Species Diversity: Table 18.64-2 Species Diversity TOTAL NUMBER OF TREES ON SITE MAXIMUM PERCENT OF ANY ONE SPECIES 19 or fewer 50% 20—39 33% 40 or more 25% 7. Tree Root Establishment. All trees shall be provided a plant-free mulched area with a minimum radius of four feet around the trunks in order to expedite tree root establishment. 8. Trees in Proximity to Powerlines. Trees planted within 10 feet of overhead powerlines shall have a mature canopy height of less than 25 feet. 9. Lawn and Turf Areas. Areas proposed for planting in turf or lawn shall be a minimum of 10 feet wide. 10. Mulch. All landscape areas planted with trees, shrubs, perennials, or other groundcover shall be covered with a minimum three-inch layer of mulch ---PAGE BREAK--- Millcreek Code Update Landscape Standards I 333 to retain water, inhibit weed growth, and moderate soil temperature. Bare soil is not permitted in any required landscape area. a. Newly planted trees in areas predominantly improved with turf shall be provided a plant-free mulched area with a minimum radius of four feet around the trunks to protect the trunks from turf- maintenance operations and expedite tree root establishment. b. Nonporous materials (such as plastic) shall not be placed under the mulch. Bare soil is not permitted. 11. Root Accommodation. Root barrier collars and root path trenches shall be installed around trees within three feet of sidewalks to protect the pavement and to ensure healthy tree root growth. 12. Plant Size Requirements at Planting. All new and replacement plant material shall meet the following minimum size requirements at planting, as indicated in Table 18.64-3, Plant Size Requirements: Table 18.64-3 Plant Size Requirements Deciduous Trees two-inch caliper Ornamental and Flowering Trees two-inch caliper Evergreen Trees six feet tall Shrubs five gallon container Perennials and Ornamental Grasses one gallon container 13. Applicability. In all zones where a front yard is required the entire frontage and depth of that yard area and any side yard area abutting a street shall be landscaped. Visibility at intersecting streets shall be maintained as set forth in MKZ 18.67.100, Clear View Areas. Parking areas shall not encroach on these minimum required setbacks except as set forth in MKZ 18.64.020, Vehicle Parking Requirements. D. Installation Specifications 1. Irrigation System Installer Qualifications. Irrigation Association (IA) certification shall be required for all contractor-installed landscape irrigation systems except where construction observation services are provided by a Landscape Architect licensed to practice in the State of Utah. 2. License, Insurance and Bonding Requirements. All installers, designers, and auditors shall meet state and local license, insurance, and bonding requirements and be able to show proof of such. 3. Plant Delivery and Installation. ---PAGE BREAK--- Millcreek Code Update Landscape Standards I 334 a. Plants shall be protected during delivery to prevent leaf desiccation. b. Upon delivery, unplanted trees, shrubs and other live plants shall be kept in shade, well protected with soil, mulch or other acceptable material and appropriately watered. Plants that have died or show signs of serious deterioration prior to planting shall be replaced. c. All trees and shrubs shall be planted in such a manner as to ensure their survival and to prevent girdling of trunks. This shall include the planting of intact balls, planting at proper depth, properly backfilling, mulching and watering, and the addition of topsoil and mulch around the base of tree or shrub that is designed to accept rain and irrigation around the tree or shrub. d. In order to protect plantings from traffic, de-icing salts, and snow plowing operations, landscaped areas with tree or shrub plantings within six feet of a paved vehicle parking area or access way shall be raised above such areas by use of curbing or edging or, where depressed for stormwater collection and aquifer recharge, clearly posted for protection during periods of inclement weather. E. Excavation. Site excavation shall be accomplished in accordance with industry standards and applicable ordinance requirements, including but not limited to the Storm Drainage Development and Stormwater Quality requirements as set forth in MKC Title 17. F. Encroachments 1. Encroachments to Within Twelve Feet Off-street parking areas may encroach into required front and street side setback areas such that a minimum depth of not less than 12 feet is maintained. 2. Encroachments to Within Eight Feet Off-street parking areas may encroach into required front and street side setback areas such that a minimum depth of not less than eight feet is maintained, provided that a contiguous evergreen hedge or decorative wall is placed along the interior edge of the setback area. Wall or hedge shall have a minimum height of thirty-six inches a maximum height of forty-eight inches (48”) as measured from the adjacent paved parking area. 18.64.040 Tree Preservation Standards A. Purpose. To maintain the environmental integrity of trees for shade, evapotranspiration, and habitat along with preserving the aesthetic of mature, and healthy vegetation for Millcreek’s streetscapes. B. Applicability. All healthy trees having a caliper of four inches in size or larger shall be preserved to the maximum extent feasible. Species identified as noxious or invasive as declared ---PAGE BREAK--- Millcreek Code Update Landscape Standards I 335 by the Millcreek Plant Species List or the Utah Department of Agriculture and Food are exempt from this requirement. C. Design Standards 1. Preserved trees shall be credited toward the satisfaction of the tree planting requirements of this chapter at a rate of 1:1 based on caliper size, except for the replacement of large caliper trees as set forth in Table 18.64-4, Tree Replacement Table. For example, a six-inch caliper tree preserved shall count toward three two-inch caliper trees. Table 18.64-4 Tree Replacement Table Tree Replacement Table Tree to be removed Replace with 4” to 12” caliper tree Three trees as 2” caliper min. size 12” to 24” caliper tree Six trees at 2” caliper min. size 24” or larger caliper tree Eight trees at 2” caliper min. size 2. Where existing trees are to be protected during site development or construction activity, the following standards shall apply: a. A fenced tree protection zone shall be established around the dripline of each tree or cluster of trees to be retained with high-visibility materials at a minimum height of four feet b. The storage or movement of equipment, material, debris or fill is prohibited within the tree protection zone to minimize soil compaction. c. The cleaning of equipment or material or the storage and disposal of waste material such as paints, oils, solvents, asphalt, concrete, motor oil or any other material harmful to the life of a tree is prohibited within the tree protection zone. 3. No cut or fill is permitted within the tree protection zone unless Landscape Architect licensed to practice in the State of Utah or an ISA Certified Arborist has evaluated and approved the disturbance. 4. All protected existing trees shall be pruned as specified by an ISA Certified Arborist. 5. No damaging attachment, wires, signs, or permits may be fastened to any protected tree. 6. Trees being preserved that are located further than 50 feet from the primary area being disturbed by construction may be ribboned off in lieu of erecting protective fencing. This may be accomplished by placing metal t-post stakes a ---PAGE BREAK--- Millcreek Code Update Landscape Standards I 336 maximum of 50 feet apart and tying ribbon or rope from stake-to-stake along the outside perimeters of such areas being cleared. 7. The removal of trees is allowed under the following circumstances by way of a tree removal permit as set forth in MKZ 18.64, Landscape Standards. a. Where trees have naturally fallen or are determined by an ISA Certified Arborist to be dead or dying. b. Where trees have been diagnosed by an ISA Certified Arborist as unhealthy beyond reasonable rehabilitation. c. Where trees are determined to be potentially harmful to the public health, safety or welfare. d. Where it has been determined by the city that tree removal is necessary to restore clear visibility at driveways and intersections. 8. Plants considered noxious or invasive species as identified in the Millcreek Plant Species List or the Utah Department of Agriculture and Food are not required to meet these requirements. 9. Trees having a caliper of four inches in size or greater which are removed shall be replaced on the development site at the following rate, except that street trees are to be replaced at a rate of one new tree per tree removed. D. Tree Preservation Site Plan Submittal 1. Applicants seeking to remove trees as part of a land use application shall seek a tree removal permit and shall submit a tree preservation plan as part of their application, to include the following: a. Purpose of the requested tree removal permit. b. Plan showing existing and proposed land uses, buildings, parking, utilities, and light poles; existing trees over four inch diameter at breast height to be preserved; and other pertinent development elements. c. A boundary survey which shall include the location of all easements, building setback lines, nearby zoning district boundaries; and d. A location map showing the location of the property within the city. 2. If a permit is denied, the reason for denial shall be furnished to the applicant in writing, either electronically or by mail. The applicant or any person adversely affected by a final decision on a tree removal permit shall have the right to appeal the decision to the land use hearing officer, as set forth in MKZ 18.04.020. 18.64.050 Screening and Buffering A. Purpose. Buffers and screening are intended to minimize conflicts between potentially incompatible land uses and development on abutting property. ---PAGE BREAK--- Millcreek Code Update Landscape Standards I 337 B. General Design Standards 1. All required buffers shall be located along the entire property line between the two uses and entirely on the developing property’s side of the required buffer. 2. Parking of vehicles and placement of buildings or structures, except for walls, fences, and landscaping, shall not be allowed in the required buffer. 3. Under no circumstances shall a fence be the only screening material as a buffer between land uses. C. Buffer Design Standards 1. Buffer Type A, as illustrated in Figure 18.65.1, shall be placed within 10 feet (of the property line as site conditions permit and shall consist of trees, shrubs, and ornamental grasses at the following rates per 100 linear feet of buffer: a. Two trees with a minimum mature height of 20 feet, and b. One of the following is required: 10 shrubs or large ornamental grasses with a minimum height of five feet A six-foot high ornamental fence with five shrubs or large ornamental grasses with a minimum height of five feet A six-foot high wall. Figure 18.65.1 Buffer Type A ---PAGE BREAK--- Millcreek Code Update Landscape Standards I 338 2. Buffer Type B, as illustrated in Figure 18.65.2, shall be placed within 10 feet of the property line as site conditions permit and shall consist of trees, shrubs, and ornamental grasses at the following rates per 100 lineal feet of buffer: a. Four trees with a minimum mature height of 20 feet with at least 20 percent being evergreen; b. One of the following is required: 20 large shrubs with a minimum mature height of five feet up to 30 percent can be large ornamental grasses with a minimum mature height of five feet and 10 small shrubs or ornamental grasses with a minimum mature height of two feet A six-foot high ornamental fence with 10 large shrubs with a minimum mature height of five feet up to 30 percent can be large ornamental grasses with a minimum mature height of five feet and five small shrubs or ornamental grasses with a minimum mature height of two feet A six-foot high wall. Figure 18.65.2 Buffer Type B 3. Buffer Type C, as illustrated by Figure 18.65.3, shall be placed adjacent to the object(s) being screened as site conditions permit and shall consist of a six foot tall solid fence or wall and trees, shrubs, and ornamental grasses at the following rates per 100 linear feet of buffer: ---PAGE BREAK--- Millcreek Code Update Landscape Standards I 339 a. Three trees with a minimum mature height of 20 feet with at least 30 percent being evergreen. Items being screened that are less than 20 feet in width do not require trees; and b. 15 large shrubs with a minimum mature height of five feet up to 30 percent can be large ornamental grasses with a minimum mature height of five feet and c. 10 small shrubs or ornamental grasses with a minimum mature height of two feet Figure 18.65.3 Buffer Type C D. Buffer Requirements 1. All multi-household development abutting residential uses shall incorporate a Buffer Type A along the perimeter between the two uses. 2. All manufacturing and commercial development abutting a residential use shall incorporate a Buffer Type B along the perimeter between the two uses. 3. All outdoor storage, service areas, and on-grade mechanical equipment shall be screened with from public view with a Buffer Type C. Site elements that are subject to this provision include but are not limited to the following: a. Air conditioning units; b. Electrical transformers; c. Loading areas and docks; d. Mechanical equipment; e. Outdoor storage areas; f. Public utility transformers; g. Service yards; h. Telephone transformers; ---PAGE BREAK--- Millcreek Code Update Landscape Standards I 340 i. Trash collection areas; j. Trash dumpsters. ---PAGE BREAK--- Millcreek Code Update Landscape Standards I 341 18.64.060 Commercial, Mixed Use, Institutional, Public or Quasi-Public Use, and Multi-Household Development Landscape Standards A. Purpose. To ensure water conscious landscape improvements that are designed to enhance the overall appearance of the development and integrate the project with adjacent land uses and in the surrounding neighborhood. B. Applicability. All land development of commercial, mixed-use, institutional, public or quasi- public uses, and multi-household uses shall comply with the standards as illustrated in Figure 18.65.4 and as set forth in this section, in addition to the General Landscape Standards outlined in this chapter. C. General Design Standards 1. Landscaping is required around the perimeter of the building along facades that face public streets, transportation corridors, or public open spaces. These design standards also apply to building entrances, drop-off and pick up areas, and outdoor dining areas. a. A minimum of one tree shall be provided for every 40 linear feet of building perimeter landscape area. At least 50 percent of required trees shall be deciduous with a shade forming canopy. b. A minimum of one shrub or ornamental grass shall be provided for every 10 linear feet of building perimeter landscape area. 2. Landscaping is required around the perimeter of the site, along all side and rear property lines, and around the perimeter of drive-through service facilities at the following rates: Figure 18.65.4 Commercial, Mixed Use, Institutional, Public or Quasi-Public Use and Multi-Household General Design Standards ---PAGE BREAK--- Millcreek Code Update Landscape Standards I 342 a. Consistent with Buffer Type A, as set forth in MKZ 18.64.050 when adjacent to another commercial, mixed-use or multi-household dwelling use; or b. Consistent with Buffer Type B, as set forth in MKZ 18.64.050 when adjacent to a single-household detached, single-household attached, two-household attached, or three-household attached dwelling use. 3. Parking lots shall be landscaped as set forth in MKZ 18.64.100. 4. Turfgrass shall only be allowed as functional space for mixed-use and multi- household developments. Turfgrass is prohibited for ornamental or aesthetic purposes and may not exceed 20 percent of the total landscaped area, outside of designated recreation areas. 18.64.070 Manufacturing Development Landscape Standards Figure 18.65.5 Manufacturing Development General Design Standards A. Purpose. To ensure landscape improvements are designed primarily at the public facing building entry to be consistent with commercial landscape standards and at the perimeter to screen manufacturing activities from property’s exterior. B. Applicability. All land development for manufacturing uses shall comply with the standards illustrated in Figure 18.65.5 and as set forth in this section, in addition to the General Landscape Standards outlined in this chapter. C. General Design Standards 1. Turfgrass is prohibited from being used in manufacturing developments. 2. The perimeter of the property shall be landscaped one tree per 40 lineal feet. At least 50 percent of required trees shall be deciduous with a shade- forming canopy. ---PAGE BREAK--- Millcreek Code Update Landscape Standards I 343 3. The area between the primary building façade and the public right of way shall meet the commercial design standards detailed in MKZ 18.64.060 with all landscape areas including a minimum of 75 percent live plant cover. 4. Parking lots shall be landscaped per MKZ Section 18.64.100. 18.64.080 Single-Household and Two-Household Residential Landscaping Standards Figure 18.65.6 LocalScape Design Standards A. Purpose. To provide the opportunity for property owners to apply for Landscaping Rebate Programs as outlined by the Central Utah Water Conservancy District. B. Applicability. The standards illustrated in Figure 18.65.6 and set forth in this section apply to all new single-household and two-household- residential development and any redevelopment of single-household and duplex residential properties in addition to the General Landscaping Requirements outlined in this Chapter. C. LocalScape Design Standards 1. LocalScapes consist of up to five types of landscape elements: a. Central Open Shape. If size permits, the landscaped areas of the front and back yards may include a designed central open shape created by using turfgrass, hardscape, groundcover, gravel, or mulch. The central open shape minimizes angles and extensions that make watering less efficient. ---PAGE BREAK--- Millcreek Code Update Landscape Standards I 344 Turfgrass areas shall not exceed the greater of two 250 square feet, or 35 percent of the property’s total landscaped area. A turfgrass central open shape may not be less than 10 feet in width. Small residential lots in which the total landscaped area is less than 250 square feet are exempt from the 10 feet minimum width requirement for turfgrass. b. Gathering Areas. Gathering areas shall be constructed of hardscape and placed outside the central open shape. The gathering area may function as the central open shape in a landscape without a turfgrass lawn. c. Activity Zones. Activity zones shall be located outside the central open shape and shall be surfaced with materials other than turfgrass lawn. Vegetable gardens, playground areas, and sport courts are examples of potential activity zones. d. Connecting Pathways. Paths and walkways shall be made of materials other than lawn, such as hardscape, mulch, or other durable materials. e. Planting Beds. Planting beds shall be located outside of the central open shape and may not utilize turfgrass. They shall be surfaced by mulch, rock, gravel, or other similar material where not covered by plantings. A minimum of 75 percent of the planting bed shall be comprised of live plant material. 18.64.090 Streetscape Design Standards Figure 18.65.7 Streetscape Design Standards ---PAGE BREAK--- Millcreek Code Update Landscape Standards I 345 A. Purpose. All streetscapes shall be lined with canopy trees to provide shade and include a waterwise and balanced approach to plant material design for year-round visual interest. B. Applicability. The standards illustrated in Figure 18.65.7 and as set forth in this section shall apply to all development abutting Minor Arterial, Major / Minor Collector, and Principal Arterial Streets as well as any single-household subdivisions with frontage along Local Streets as set forth in the Millcreek Transportation Master Plan, in addition to the General Landscape Standards throughout this Chapter. C. Streetscape Design Standards 1. Plant Quantities. All landscape areas adjacent to a street (including required park strips) shall be planted and maintained with the following: 1. One canopy tree to provide shade per 40 lineal feet of street frontage. 2. A minimum of 75 percent of the understory shall be planted in live plant material. 2. Street trees shall be planted within a public or private street as set forth in MKC 14.12.010. If the width of the park strip within a public or private street is less than six feet wide, no street trees shall be planted within the street right-of- way, or within 10 feet of the right-of-way line. 3. Street trees shall be watered using a drip or deep root irrigation system with irrigation lines sleeved under sidewalks and pavement for ease of maintenance. 4. Street trees shall be limbed up to maintain a minimum eight-foot clearance above all sidewalks. 5. Tree species planted under or within 10 feet of overhead powerlines shall have a mature height of no more than 25 feet. 6. Streetscape must include curb and gutter as set forth in the Millcreek Standard Plans for Public Works Construction. 7. Streetscape must include a detached sidewalk as set forth in the Millcreek Standard Plans for Public Works Construction, unless modified by any other adopted streetscape standard or zoning regulation. 8. Where an adopted streetscape standard or zoning regulation requires a continuous hardscape surface between the curb and the building is required. Hardscape can include standard concrete or pervious pavement per Low Impact Development Standards. 9. Street tree grates shall have a minimum dimension of five feet square. Soil volume shall be equivalent to three times the width of the tree’s root ball at the time of planting, which can be achieved bythe use of structural cells, suspended ---PAGE BREAK--- Millcreek Code Update Landscape Standards I 346 pavements, or other methods proposed by a Landscape Architect licensed to practice in the state of Utah under Title 58 of Utah Code, and as approved by the Planning Director. 18.64.100 Parking Lot Landscaping A. Purpose. Parking lot landscaping is intended to break up large expanses of pavement, create shade, screen headlights, and enhance the site’s overall appearance. B. Applicability. All parking lots with ten (10) spaces or more or expansions to parking lots of at least ten (10) spaces shall be subject to the standards as illustrated in Figure 18.65.8 and as set forth in this section. C. General Design Standards 1. Interior Parking Lot Landscape. a. A landscape island at the end of each row of parking, with a minimum width of eight feet Each island shall contain one canopy tree per single parking row and two trees per double parking row to provide shade; and Understory plantings no taller than three feet in height to cover a minimum of 75 percent of the island. b. One canopy tree shall be provided for every five spaces or less for a single parking row and every 10 spaces or fewer for a double parking row by way of one of the following methods: A landscape island with a minimum width of eight feet and a length matching the parking stall length; A curbed tree diamond with a minimum inside dimension of four feet square c. If a covered parking canopy is provided, the requirement for a tree every five spaces shall not apply to the parking row covered by the canopy. d. Every other double row of parking spaces shall include a planted median with one shade tree for every five stalls and shall satisfy the following standards: Planted medians shall be a minimum of eight feet wide and contain understory plantings no taller than three feet in height to cover a minimum of 75 percent of the median. If a sidewalk is incorporated into the landscape median, the width of the median shall be as follows: ---PAGE BREAK--- Millcreek Code Update Landscape Standards I 347 Sidewalk down the middle. The planting area shall be five feet wide on either side of the median with trees staggered on either side of the sidewalk. Sidewalk down one side. The planting area shall be a minimum of eight feet wide with one canopy tree to provide shade for every five parking spaces. Figure 18.65.8 Interior Parking Lot Landscape 2. Perimeter Parking Lot Landscape. Perimeter parking lot landscape shall comply with the standards illustrated in Figure 18.65.9 and as set forth in this section: a. A minimum eight-foot wide landscape area shall be provided at the perimeter of surface parking lots abutting any public right-of-way containing a minimum of one canopy tree to provide shade per 30 lineal feet of required perimeter landscape area. b. Parking spaces facing a street or an institutional or residential use shall screen headlights from view by one of the following methods: ---PAGE BREAK--- Millcreek Code Update Landscape Standards I 348 c. A hedge of shrubs and ornamental grasses with a minimum height of three feet for a minimum of 75 percent (75%) of the length of the parking lot; d. A berm with a minimum height of three feet or e. A masonry wall with a height between three and four feet paired with landscape material for at least 50 percent of the length of the landscape area placed on the street side of the wall. 3. Pedestrian Accommodation. Stepping stones or graveled pathways shall be dispersed across and along landscape medians to minimize soil compaction and protect plant root zones from pedestrian traffic. 4. All landscaped areas adjacent to parking spaces shall be constructed of a continuous concrete curb as set forth in the Millcreek Standards for Public Works Construction and of no less than six inches in height. a. Landscape areas used for collecting stormwater runoff shall be constructed of a continuous concrete curb with curb cuts at regular intervals to allow stormwater from an adjacent impervious surface to flow into a depressed infiltration and planting area. b. Where vehicular parking stalls abut landscaping that is not protected by a curb, wheel stops shall be installed at a minimum of two feet from the edge of that landscaped area. 5. Tree and Shrub Distribution within landscape island and medians. a. Trees shall not be planted closer than three feet to the top back of the curb or the exterior edge of the depressed parking lot landscaped planters, as illustrated in Figure 18.65.103. b. Shrubs shall be situated such that they remain within the confines of the planter at maturity. 6. Mulch Required. Organic mulch shall be spread to a minimum depth of three inches and rock to at least two and one-half inches (2 in depth in all parking lot landscaped planters. 7. Irrigation. Landscape planters within parking areas shall only be irrigated with drip emitter or irrigation systems. 8. The property owner shall be responsible for maintaining all landscaping within and adjacent to parking lots. ---PAGE BREAK--- Millcreek Code Update Landscape Standards I 349 Figure 18.65.9 Perimeter Parking Lot Landscape ---PAGE BREAK--- Millcreek Code Update Landscape Standards I 350 Figure 18.65.10 Pedestrian Accommodation 18.64.110 Park and Open Space Landscape Standards A. Purpose. Landscaping in parks and open spaces areas that are commonly used by the public for passive and active recreation shall be appropriate to the area’s use and function, respectful of water conservation practices, and include canopy trees to provide shade, shrubs, ground cover, and site furnishings appropriate to the use. B. Applicability. The following requirements shall apply to all new development of public and private parks, pocket parks, detention ponds, trail connections, and common open space areas for public use. C. General Design Standards 1. All parks shall be landscaped and programmed to balance of plant material with no more than 30 percent of the total landscaped area comprised of plant species falling in Hydrozones 3 and 4. 2. All park and open space areas shall include site trees at a rate of at least one canopy tree to provide shade per 5,000 square feet of landscaped area, distributed appropriately throughout the site. Required trees shall be placed in upland areas, above the anticipated high-water mark or floodway of detention ponds or drainage ways. ---PAGE BREAK--- Millcreek Code Update Landscape Standards I 351 3. Turfgrass shall be used only in high-traffic areas such as sports fields, cemeteries, golf courses, putting greens, and informal play spaces adjacent to playgrounds. 4. Park periphery and detention pond areas shall consist of low water or native plant material and grass seed mix. 5. Common open spaces and trail connections shall be landscaped with a balance of low water or native plant material and grass seed mix to reduce the need for supplemental irrigation in hard-to-reach areas. 6. The retention of native areas for purposes of maintaining viewsheds or healthy existing ecosystems is highly encouraged. a. Existing plant material shall be identified on the landscape plan with a statement explaining how the native area will be protected from construction. b. These areas shall be excluded from the landscape area used to calculate required site trees as set forth in MKZ 18.64.110 7. Green roofs, garden decks, planted building stepbacks, and other similar landscape elements can count toward the overall open space requirements. 8. Parking lots shall be landscaped as set forth in MKZ 18.64.100. 9. The development of shared parks, open space, and stormwater detention and retention facilities shall provide a mechanism, such as a homeowners' association and covenants for long-term maintenance of parks, stormwater detention and retention facilities, and common open space, to ensure the continued upkeep of the property. 18.64.120 Stormwater Detention and Retention Facilities A. Purpose. Stormwater facilities shall be installed to serve a development to promote innovative and effective land and water management techniques that protect and enhance water quality. B. Applicability. All required stormwater detention and retention facilities shall comply with the standards in this section. C. General Design Standards 1. Landscaping is required around detention/retention basins and ponds at the following rate: a. One canopy tree to provide shade per 5,000 square feet of detention area, located above the anticipated high-water mark. b. This requirement is in addition to any site perimeter or street tree requirements. 2. Minimum storm drainage improvements shall be constructed such that: a. Landscape improvements enhance the function of the facility. ---PAGE BREAK--- Millcreek Code Update Landscape Standards I 352 b. All facilities shall be seeded with grass appropriate to the function of the area. c. Detention areas may be used for passive and active recreation. d. Areas to be maintained for habitat enhancement shall be seeded with native grasses and wildflowers. D. Low Impact Development 1. Low-impact development (LID) techniques as illustrated in Figure 18.65.11 shall be used to better manage stormwater and reduce the size of required detention and retention ponds. 2. Low Impact Development can include but is not limited to the following: a. Permeable Pavement. Permeable pavement can consist of porous concrete or permeable concrete pavers. b. Bioswales. Bioswales are vegetated swales planted with various plant species that can tolerate occasional water inundation and serve to transport, store, and allow water infiltration. c. Grassed Swales. Grassed swales are designed to convey water over the ground’s surface to a point of disposal and serve to slow water flow, allowing some particulates to drop out before the water reaches the disposal point. d. Rain Gardens. Rain gardens are small, shallow, depressions planted with a variety of native or ornamental plants that can treat small amounts of runoff to improve water quality. ---PAGE BREAK--- Millcreek Code Update Landscape Standards I 353 Figure 18.65.11 Low Impact Development 18.64.130 Landscaping Along Natural Waterways A. Purpose. Riparian buffers are essential to mitigate urban runoff from entering natural waterways and provide wildlife corridors. Vegetation can act as a natural barrier that infiltrates excess nutrients. B. Applicability. The following provisions apply to all properties within 100 feet of a natural waterway. C. General Design Standards. Utilization of native riparian plants shall be required within 50 feet of waterways, and shall comply with the following standards: 1. Plant selection shall be made from Salt Lake County’s Stream Care Guide. Specifically, plant selection shall correlate with the Foothill and Valley elevations (4,200-6,000 feet). 2. Retention of existing plants shall be the preferred landscaping method unless further restoration of native species is deemed necessary due to the following: a. The Millcreek Plant Species List and the Utah Department of Agriculture declare existing plants to be unhealthy or invaive ---PAGE BREAK--- Millcreek Code Update Landscape Standards I 354 b. Existing plants do not meet the selection guidance of Salt Lake County’s Stream Care Guide. 3. Apply multiple vegetation layers to enhance the habitat and attractiveness of the buffered area. 4. To minimize impact in a riparian buffer, pedestrian access paths in the riparian buffer shall be made of decomposed granite, gravel, or other permeable soft surface path material. 5. Consider the water and shade tolerance needs of the species planted. 18.64.140 Landscape Plan Submittal Requirements A. General Provisions 1. All applications for a a Conditional Use Permit, a Site Plan Approval, or a Minor Site Plan Amendment must be accompanied by a landscape plan package prepared in accordance with the requirements of this chapter. 2. Submitted landscape plan packages shall be prepared and certified for compliance with all requirements of this chapter by a Landscape Architect licensed to practice in the State of Utah. A landscape designer certified by the Utah Nursery and Landscape Association may submit a landscape plan package if the certified designer is employed by the contractor installing plantings of the specific project submitted. 3. All submitted irrigation plans shall be prepared by a Landscape Architect licensed to practice in the State of Utah or by a person exempt from professional licensure requirements for the scope of work performed. B. Landscape Plan Package Contents 1. The landscape plan package shall include at least the following: a. A landscape plan to include the following information: Layout of all plant material representing the size of the plants at maturity. Detailed plant list identifying common and botanical names of plant species, specified size of all plant material (including trees, shrubs, perennials and grass species), quantity, and water usage based on the landscape Hydrozones detailed in MKZ 18.65.020 Planting notes and detail drawings illustrating methods of installation. b. An irrigation plan to include the following information: ---PAGE BREAK--- Millcreek Code Update Landscape Standards I 355 Layout of point of connection, mainline, laterals, spray heads or drip irrigation area. Irrigation notes and detail drawings illustrating methods of installation specifications. C. Alternative Compliance 1. As authorized by this chapter, an alternative landscape plan may be substituted in whole or part for a landscape plan prepared in strict compliance with this chapter’s requirements. a. Alternative Plan Preparation and Submittal. Alternative landscape plans shall be prepared and submitted according to the submittal requirements for a landscape plan package. b. The submittal shall clearly identify and discuss the modifications and alternatives proposed and explain how the plan will better accomplish the purposes and intent of this chapter than a plan strictly complying with the chapter's specified standards. 2. Alternative Plan Review Criteria. The qualified professional who prepared the plans shall clearly demonstrate how the alternative plans will: a. Provide exceptional preservation and incorporation of existing site vegetation; b. Provide significant protection of natural areas and features; c. Provide for maximum retention of existing tree canopy cover; d. Create exceptional enhancement of neighborhood continuity and connectivity; e. Provide for extensive accommodation of nonvehicular access and use; and f. Represent greater innovation in site design and plant use. 3. Alternative Plan Approval. Upon completion of the review, the Planning Director shall grant final approval to ensure satisfaction of the above criteria. D. Plan Revisions. The Planning Director shall review and approve any revisions to the landscape plan package in writing prior to commencing construction. The qualified professionals who prepared and submitted the plan revisions shall provide re-certification of compliance with the requirements of this chapter. Substantial revisions to site development plans may require commensurate revisions to associated landscape plans. E. Phasing. Landscape plans for projects proposed for development in multiple phases shall clearly specify the landscape improvements required in conjunction with each phase. 18.64.150 Construction Inspection and Compliance Requirements A. Construction Verification. ---PAGE BREAK--- Millcreek Code Update Landscape Standards I 356 1. A licensed landscape architect shall provide construction observation and monitoring of all required landscape improvements to ensure compliance with the site’s approved landscape plans. a. A letter of compliance with the landscape plan shall be submitted to the Planning Director to verify installation of required public landscaping improvements prior to the issuance of a certificate of occupancy and bond release. b. Upon issuance of a certificate of occupancy, the property shall comply with the requirements of this chapter, and any re-landscaping that occurs shall be in accordance with the certified landscape plan for the property. If a certificate of occupancy was issued accompanied by an improvement assurance guarantee for the completion of landscaping, the improvement assurance guarantee shall not be released until the property complies this chapter. 2. Following construction and prior to issuing an approval for occupancy, a water audit shall be conducted by an IA-certified landscape irrigation auditor. Irrigation system improvements required to comply with this chapter’s requirements shall be provided by the property owner as necessary. The performance audit shall verify the following:: a. The irrigation system complies with the minimum standards of this chapter; b. The minimum efficiency required for the irrigation system is 75 percent for the distribution efficiency for all fixed spray systems and 70 percent distribution efficiency for all rotor systems; c. Copies of the auditor's certification of compliance shall be provided to the Planning Director for retention in the project file as well as to the irrigation system designer, installer, and owner/developer of the property; and d. Compliance with this provision is required before the City will issue a letter of final acceptance, or certificate of occupancy / bond release. 3. The Planning Director reserves the right to perform site inspections at any time and to require corrective measures for installing site landscaping and irrigation system improvements that do not comply with the chapter’s requirements. B. Long-Term Viability of Established Landscapes 1. Plant Maintenance. The owner, tenant, and any agent shall be jointly and severally responsible for maintaining of all landscaping in good condition and free from refuse and debris to present a healthy, neat, and orderly appearance. ---PAGE BREAK--- Millcreek Code Update Landscape Standards I 357 2. Plant Survival. All plant material shall be regularly maintained in a healthy condition and shall be guaranteed for survival for two years from planting. a. During this period, each plant shall show at least 75 percent healthy growth and shall have the natural characteristic of the plant of its species. b. Any plant found dead or unsatisfactory by the Planning Director during the guarantee period shall be replaced until it has lived through the required two-year survival period. ---PAGE BREAK--- Millcreek Code Update Signs I 358 18.65 Signs 18.65.010 Purpose and Intent The purpose of this chapter is to eliminate excessive and confusing sign displays that create potential hazards to motorists, pedestrians and property, to improve the appearance and views within the major transportation corridors by setting requirements for the location, design, number, size, height and lighting of signs and to preserve and improve Millcreek’s aesthetic values, economic prosperity, and visual qualities. 18.65.020 Applicability A. Except as provided in this Title, a sign shall not be erected, raised, moved, placed, reconstructed, extended, enlarged, or altered, unless in conformity with the regulations specified in this chapter. B. Except for signs not regulated by this chapter, sign alterations that exceed 25 percent of the total sign face square footage require conformance to this title. C. The sign copy may be changed at any time without additional approvals or permit, provided the sign is not prohibited, no structural or electrical alterations are made, and it complies with applicable requirements of this chapter. D. Any sign allowed under this chapter may contain lawful sign copy that occupies the entire sign area or any portion thereof, and may be suitable for, or be combined with a logo. E. Other chapters of the zoning ordinance may have a reduced list of applicable signs. Notwithstanding signs located on public property, other chapter sign types shall be utilized over the listed types found in this chapter. 18.65.030 Prohibited Signs A. Signs not specifically allowed by this chapter are prohibited. Prohibited shall include, but not be limited to the following: Snipe, feather, blower machines, streamers/pennants, mobile signs, signs on vehicles parked within 20 feet of the public ROW, searchlights, pennants/streamers, inflatable, pedestal signs, and objects used to convey services or products sold on the premises that are located on a lot or parcel within 20 feet of the public right-of-way. B. Signs in Public Right-of-Way. No sign shall be located on publicly owned land or inside street rights-of-way except signs required and erected by permission of an authorized public agency. Prohibited signs located on publicly owned lands or inside street rights-of-way include, but are not limited to, handbills, posters, advertisements or notices that are fastened, placed, posted, painted or attached in any way upon any object or structure located on publicly owned land or inside street rights-of-way. 18.65.040 Interpretation A. For the purposes of this chapter, properties that are separated by streets are not adjacent. B. The sign requirements contained in this chapter are declared to be the maximum allowable. ---PAGE BREAK--- Millcreek Code Update Signs I 359 C. Notwithstanding the prohibition of signs located on public property, where other ordinances conflict with this chapter’s provisions, the most restrictive ordinance shall apply. D. The Planning Director shall interpret the provisions of this ordinance. 18.65.050 Conformity Required No person shall erect, alter, relocate, or modify any sign regulated by this chapter without first obtaining a sign permit and a building permit, if required. Signs that do not require a permit and are not regulated by this chapter are as follows: A. Yard signs. B. Signs that are located on school or church-occupied property. C. Interior signs, not including window signs. D. Devices that only display time and/or temperature. E. A sign that is set back at least 20 feet from the public right of way and does not exceed the maximum height allowed in the zone. 18.65.060 Approval of Sign Plans A. A comprehensive sign plan is required for new development. When a land use application on a property is submitted to the City for a conditional use permit, a rezone where a Development Agreement is considered, or a site plan review for a new permitted use, it shall be accompanied by a complete comprehensive sign plan showing the following: 1. The location of all existing or proposed signs on the parcel or lot. 2. The sign type, height, area, and setback of each existing and proposed sign. 3. A conceptual rendering of each proposed sign. 4. Renderings or photos of existing signs. B. Approval of Signs within an Existing Development. When a separate sign application is submitted at a later date than the original land use application, the sign application shall include: 1. The sign type, height, area, and setback of each existing and proposed sign. 2. A conceptual rendering of each proposed sign. 3. A site plan showing the location of existing and proposed signs. 4. Building elevations showing any wall signs. 18.65.070 Size and Height Computation A. The following shall be used when calculating sign sizes: 1. When more than one use occupies a property, the frontage may be used to calculate the sign size for one total pole or projecting sign, not for each use. The total may then be divided between the uses. ---PAGE BREAK--- Millcreek Code Update Signs I 360 2. There may be any number of flat or wall signs, provided the total of all flat or wall signs does not exceed the percentage of wall area coverage allowed. 3. A property line that abuts an interstate highway may not be used to compute sign area. B. The height of pole and monument signs, except as otherwise specified in this chapter, shall be measured from the grade at the property line of the yard in which the sign is located. 18.65.080 Imprint Of Ownership Required The imprint of the sign owner and sign erector of all signs shall be in plain and public view. 18.65.090 Sign Location Standards: A. Visibility at intersections: 1. For the purposes of this chapter, visibility at intersections is measured from the grade of the intersecting streets and located within the clear view triangle of an intersection, which is a triangular area formed by the property lines and a line connecting them at points 40 feet from the intersection or a driveway at a point formed by an extension of the two curb faces until they meet. 2. There shall be a minimum sign clearance of 10 feet between the ground and any part of a projecting sign or pole sign, except as provided below: a. Any portion of a sign structure within the clear view triangle of an intersection and nearer the ground than 10 feet may not exceed ten inches in width, thickness, or diameter. b. A service sign located within the clear view triangle of an intersection shall not exceed 30 inches in height measured from grade. ---PAGE BREAK--- Millcreek Code Update Signs I 361 Figure 18.65..1 Visibility diagram B. Traffic Hazard Prohibited. Signs or other advertising structures shall not be erected at the intersection of any streets or driveways in such manner as to obstruct the clear view triangle, or at any location where by reason of the position, shape or color, it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal device, or make use of the words "Stop," "Drive-in," "Danger," or any other words, phrases, symbols or characters in such manner as to interfere with, mislead or confuse vehicle operators. 18.65.100 Design Standards A. All signs shall use materials that emulate the adjacent building. B. All single pole signs where the pole is over 15 feet in height shall include pole covers and a sign base. C. All double pole signs over 10 feet in height shall use pole covers and base. D. Monument signs shall include a base of 25 percent or more of the sign’s height with materials and colors reflecting the adjacent building. E. Pan channel lettering for flat/wall signs is encouraged and shall be permitted to exceed the maximum allotted area for the zone by an additional five percent 18.65.110 Sign Allowances By Zoning Districts A. The following tables describe which types of signs are permitted in each zoning district and provide size, location, height, and other relevant limitations that shall be applied in addition to the other standards of this Code. ---PAGE BREAK--- Millcreek Code Update Signs I 362 Table 18.65-1 Signs Allowed in All Zones Type Maximum Size Maximum Height Location Requirement Maximum Quantity Other General Construction/ development sign 32 sq. ft. plus 1 sq. ft. for each 10 ft. of frontage over 30’ not to exceed 64 sq. ft. per development 12’ • Minimum 5’ from the public ROW. One per developmen t or subdivision. • Sign must be removed 6 months from issuance of a certificate of occupancy or final approval of a building permit. • No illumination allowed Construction/ development Sign for Subdivisions of 5 lots or more 32 sq. ft. plus 1 sq. ft. for each lot over 5 not to exceed 64 sq. ft. 12’ • Must be on the development site • Located on private property • Minimum of 5' from the public ROW. One per developmen t or subdivision. • Sign must be removed 6 months from issuance of a certificate of occupancy or final approval of a building permit. • No illumination allowed Construction/ development Sign for Multifamily developments of more than 20 units 10’ vertical and 20’ horizontal 12’ • Must be on the development site • Located on private property Minimum of 5' from the public ROW. One per developmen t or subdivision. • Sign must be removed 6 months from issuance of a certificate of occupancy or final approval of a building permit. No illuminatio n allowed Nameplate sign 3 sq. ft. per use Attached to main structure. One per residential unit or business Backlit only ---PAGE BREAK--- Millcreek Code Update Signs I 363 Table 18.65-1 Signs Allowed in All Zones Type Maximum Size Maximum Height Location Requirement Maximum Quantity Other Property sign 6 sq ft. 4’ • On private property and • a minimum of 5' from the public ROW. Two per developmen t, per frontage. Directional / Circulation sign 6 sq ft. 3’ when freestandin g • On private property and • a minimum of 5' from the public ROW. Two per developmen t, per frontage. • Only permitted for non- residential uses • No illumination permitted. Table 18.65-2 Signs in Residential Zones FRE, R-1, R-2, R-4, RM, and MH/TH Zones) Type Maximum Size Maximum Height Location Maximum Quantity Other Monument sign 32 sq. ft. plus 1 sq. ft. for every 10’ of frontage over 30’ 6’ • On private property • Minimum of 5' from any property line One per street frontage • Only permitted for: o Nonresidential uses allowed in the zone o Residential structures with 5 or more dwelling units o Subdivisions with more than 5 lots • May be illuminated if: o Located on major arterial street and o Not directly shining onto a property occupied by a residential use. ---PAGE BREAK--- Millcreek Code Update Signs I 364 Table 18.65-2 Signs in Residential Zones FRE, R-1, R-2, R-4, RM, and MH/TH Zones) Type Maximum Size Maximum Height Location Maximum Quantity Other Flat/Wall sign • 5 % in FRE and R-1 zones • 15% of a wall area in all other residential zones Must be attached to a building One per street frontage • Only permitted for: o Nonresidential uses allowed in the zone o Residential uses with 5 or more dwelling units • Downlit illumination permitted if the sign is not exposed to adjacent properties occupied by a residential use. Table 18.65-3 Signs in Nonresidential Zones: M, MD, IF and CCOZ) Type Maximum Size Maximum Height Location Requirements Maximum Quantity Other District sign 288 sq. ft. 26.5’ • Must be located on City Property Three within CCOZ • Not permitted in C, M, MD and IF Pole sign 48 sq. ft. plus 1 sq. ft. for each 4’ of street frontage over 30’, not to exceed 150 sq. ft. 20’ • 15’ from any property line • At least 100’ from any other pole or monument sign. One per street frontage. • Illumination may be built into or attached to signs. • No upward illumination is permitted. • If exposed to a residential use or zone on an adjacent property, the illumination of the sign requires conditional use approval. • Prohibited in CCOZ ---PAGE BREAK--- Millcreek Code Update Signs I 365 Table 18.65-3 Signs in Nonresidential Zones: M, MD, IF and CCOZ) Type Maximum Size Maximum Height Location Requirements Maximum Quantity Other Monument sign 32 sq. ft. plus 1 sq. ft. for every 4’ of frontage over 30’, not to exceed 64 sq. ft. 6’ in C,M, MD and IF 4’ in CCOZ • On private property • Minimum of 5' from any property line. • At least 50’ from any other pole or monument sign. One per every 300’ of street frontage or part thereof. Flat/Wall sign 20% of a wall area • Must be attached to a building. One per business per street frontage • Only permitted if an awning sign is not used. • Illumination permitted if the downlit or built into the letters. • No upward illumination permitted. Awning sign • 25% coverage of a first floor wall area • 50% of an awning may be covered with graphics May not extend above the top of the wall it is attached to. • Must be attached to a building. • 6’ maximum projection from building. • 8’ minimum clearance from the ground to the bottom of the awning. Up to 3 walls per building • An awning sign may only be used if a flat or wall sign is not used. • Primary graphics must be on street side or primary face of structure • No internal illumination permitted. Projecting / Blade sign • 12 sq. ft. • Maximum 42” width May not extend above the top of the wall it is attached to. • Must be attached to a building. • 6’ maximum projection from building. • 8’ minimum clearance from ground to bottom of sign One per entrance along frontage • Primary graphics must be on street side or primary face of structure • No illumination permitted ---PAGE BREAK--- Millcreek Code Update Signs I 366 Table 18.65-3 Signs in Nonresidential Zones: M, MD, IF and CCOZ) Type Maximum Size Maximum Height Location Requirements Maximum Quantity Other Window sign 12 sq. ft. per use One per business per street frontage B. Exceptions for the IF zone. The only signs allowed as ground or pole signs shall be service signs that comply with the following conditions: 1. The maximum allowed height is five feet. 2. The maximum area allowed is 32 square feet. 3. Setback along a public right of way is five feet. 18.65.120 Illuminated Signs A. A lighted sign shall not be installed which permits the light source to be seen by adjacent residential properties. All lighted signs shall direct their light downward. B. Lighting for signs shall meet the following standards: 1. All illuminated signs: a. A lighted sign shall not be installed that allows the light source to be seen by adjacent residential properties. b. All lighted signs shall have stationary and constant lighting. Flashing, blinking, chasing or similarly changing lights are prohibited. c. The use of uplighting on signs is prohibited. All lighted signs shall direct their light downward. d. Light color temperature standard. All light sources used to illuminate signage shall have a color temperature equal to or less than 3,000 degrees Kelvin e. Luminance level standard. No sign shall have an illuminance level greater than 100 nits (100 candelas per square meter). f. Sign illumination curfew: Sign illumination shall be turned off or dimmed to 50% of the original illumination at midnight, or the close of the business, whichever is later. Sign illumination shall remain off or dimmed until one hour before sunrise or opening of business, whichever is earlier. 2. Externally illuminated signs: ---PAGE BREAK--- Millcreek Code Update Signs I 367 a. Lighting for externally illuminated signs shall be aimed and shielded so that light is directed only onto the sign face and does not trespass onto adjacent streets, roads or properties or into the night sky. b. Lighting for externally illuminated signs shall be mounted at the top of the sign or within two feet of the top of a building mounted sign. 3. Standards for internally illuminated signs: a. Lighting shall be limited to areas with text and logos areas. b. Internally illuminated signs shall use semi-opaque materials for sign copy such that the light emanating from the sign is diffused. Transparent, clear, or pure white materials are prohibited for sign copy. Non-copy or logo portions of the sign background and graphics) shall be made of completely opaque material. 4. Standards for backlit signs: a. Backlit signs shall be designed so the light source is not visible. b. Backlit signs shall be designed such that harsh, direct illumination does not emanate out of the sign. Rather, the backlighting shall only allow indirect illumination to emanate from the sign. For example, signs that create a "halo" effect around sign copy and logos are allowed. c. Backlit signs shall use low lumen light sources. 5. Violations. If an illuminated sign is alleged to violate the requirement of this Code, the Planning Director may request a photometric assessment to measure the amount of light and to ascertain the validity of the alleged violation. If such measuring devices are available through the City, the City shall perform the assessment. If the City has no measuring devices, the complainant may provide an independent evaluation to the Planning Director by a qualified professional. If such light is determined to be in violation, the owner of the light shall take appropriate, corrective action as directed. 18.65.130 On-Premise Electronic Message Center (EMC) Requirements A. On-Premise Electronic Message Centers are permitted in certain zones in Millcreek, subject to the limitations and standards as set forth in Table 18.65-4, Electronic Message Center Allowances. B. An electronic message center shall only display static images. An electronic message center shall not display scrolling text, video images, or scintillating images. Upward illumination in such displays is not allowed. Light source shall not be seen from adjacent residential properties. C. The minimum image display duration shall be eight seconds. ---PAGE BREAK--- Millcreek Code Update Signs I 368 D. The maximum image transition duration shall be three seconds. Transitions from one static image shall fade out and fade or dissolve into the next static image without the use of flashing, animation, or movement. E. All electronic message centers shall be equipped with a sensor or other programmable device that automatically determines the ambient illumination and must be programmed to automatically dim according to ambient light conditions. F. The nighttime illuminance of an electronic message center shall not increase ambient lighting by more than 0.2 foot candles when measured as follows: 1. The following formula determines the measurement distance: a. (√Area of display x 10) = Measurement distance in feet. b. For example, 25-square-foot display would be measured at a distance of 50 feet since (√25 x 10)= 50. 2. Measurements shall be taken at the required distance perpendicular to the electronic message center face. 3. An ambient light measurement shall be taken using a foot candle meter at the required distance with the sign turned off to a black screen. 4. Immediately following the ambient light measurement taken in the manner required by this subsection, an operating light measurement shall be taken from the same required distance with the sign turned on to a full white screen. Table 18.65-4 Electronic Message Center Allowances Zone Sign Type Allowable EMC size as a percentage of total allowable sign size per 18.68.100 Other MD Monument 50% May not be located within 100' of a residential use or zone C Monument 50% May not be located within 100' of a residential use or zone Pole 50% May not be located within 100' of a residential use or zone M Monument 70% May not be located within 100' of a residential use or zone ---PAGE BREAK--- Millcreek Code Update Signs I 369 Table 18.65-4 Electronic Message Center Allowances Zone Sign Type Allowable EMC size as a percentage of total allowable sign size per 18.68.100 Other Pole 50% May not be located within 100' of a residential use or zone CCOZ District 100% All other zones None NA EMC Not Permitted 18.65.140 Temporary Signs A. Temporary Signs are permitted in Millcreek, subject to the limitations and standards as set forth in Table 18.65-5, Temporary Signs Table B. All temporary signs shall be located at least five feet back, or as noted for a particular temporary sign type, from the public ROW. Table 18.65-5 Temporary Signs Table Type Maximum Size Location Maximum Quantity Other Temporary attached • 50 sq. ft. not to exceed 30% of the first-floor building façade or, • 10% of the first-floor building face square footage for facades longer than 150’ Attached to main structure Cumulative area of all temporary attached signs not to exceed the square footage listed in the maximum size permitted. Temporary freestanding 20 sq. ft. 5’ from property line The cumulative total of all temporary freestanding signs may not exceed 20 sq ft per business. A-frame 12 sq. ft. 1’ from ROW 1 per business Temporary Window Up to 50% of window may be covered No illumination permitted. ---PAGE BREAK--- Millcreek Code Update Signs I 370 C. Each business may have a temporary banner sign(s) located on the building with a maximum square footage of 50 square feet unless the business encompasses a building face with over 150 linear feet. Such businesses may use up to 10% of the first-floor building face square footage, but at no time shall the combination of temporary signs equal more than 30% of the first-floor building face. Other banners located in the landscaping, at least five feet from the property line, with temporary independent supports, shall not exceed 20 square feet and shall conform to the period specified in subsection E below. D. Any temporary banner sign installed on a building face may continue for up to 6 months, except temporary grand opening signs installed on a building face may continue for up to 3 months. Grand opening signs shall be allowed for any new business that obtains a new business license to open a new establishment. A facility renovation requiring a building permit qualifies for a grand opening sign. E. All other temporary signs, except A-frames, may be displayed for a total of 6 weeks during any calendar year. F. All A-frame signs shall be taken indoors at the earlier of 10 pm or the close of business. All A- frame signs shall be located at a minimum of at least one foot back from the public right of way. Only one A-frame sign is allowed per business, it shall include weights on the bottom, and be no larger than six square feet on one side. G. All temporary signs shall be maintained in good condition, without any frayed, ripped, tattered, or faded appearance issues. Such signs are meant to be temporary with permanent signs installed as soon as possible. H. Construction/development Project signs shall be no larger than 32 square feet. They shall not be internally lit but may include external down lighting. They shall also not exceed 10 feet in height. They may be constructed of wood (including simulated wood products) or metal with painted advertising or other professional applications, excluding paper. Such signs shall be removed within 30 days of the final inspection or completion of the project. I. Temporary window signs shall be limited to a maximum of 50 percent coverage of the window area. The 50 percent shall be calculated per façade or elevation. Where paint or marker is used on the window, the area shall be measured by creating the smallest rectilinear shape that completely contains the entire message. Where one window is completely covered in signage, another window of equal or greater size shall be left free of any window signs. J. Signs for temporary uses shall be attached to a food truck, food cart, ice cream truck, or any temporary structure approved for the temporary use. In addition, one A-frame sign is also allowed subject to the standards in subsection F above. Additional requirements for temporary signs for temporary uses are set forth in MKZ 18.58.060, Temporary Signs. K. Yard signs are allowed on a temporary basis and may be displayed outdoors for up to five months. 18.65.150 Window Signs ---PAGE BREAK--- Millcreek Code Update Signs I 371 Permanent window signs shall be made from adhesive film and be used for privacy purposes or additional design for building facades. Permanent window signs may cover up to 100 percent of the window area. 18.65.160 Off-Premises Sign Requirements Off-premises signs erected along the interstate as defined by the State shall conform with the provisions of the Utah Outdoor Advertising Act. 18.65.170 Off-Premises Signs; Billboards A. Purpose. In keeping with the goals of the Millcreek General Plan to promote signs that are responsive to neighborhood character, and to improve the aesthetics of major streetscapes, the purpose of the billboard ordinance is to provide reasonable regulation of billboards in order to reduce the heights and area of future billboards, mitigate negative impacts, promote safety, protect property values, and reduce impediments for economic development and redevelopment. It is Millcreek’s policy to reduce the number and combined square footage of billboards where feasible. B. Cap on Area of Billboards. The combined square footage of all billboards allowed in the City shall be limited to the combined square footage of billboards that existed as defined herein as of December 27, 2013, within the boundaries of the city as it was incorporated and on December 28, 2016. This cap shall automatically decrease as billboards are annexed into a municipal jurisdiction or removed and not relocated. C. Billboards are only allowed in the C and M zones as a permitted use, subject to the additional restrictions established in this chapter. D. Location. Billboards shall not be allowed in those locations listed in Subsection F, below, notwithstanding the underlying zone. E. Size. Billboards shall not exceed 300 square feet, except as provided below: 1. Signs that are intended to be viewed from an Interstate freeway travel lane shall not exceed 672 square feet. 2. Signs oriented for viewing along State Street and located within 20 feet of the State Street right-of-way shall not exceed 672 square feet. F. Prohibited Locations. Billboards, notwithstanding the underlying zone, shall not be permitted anywhere within 100 feet of the Main Street right-of-way, east of Interstate 215, or within 500 feet of the following intersections, as measured as a radius from the nearest property line to the intersection right-of-way line: 1. 2000 East and 3300 South 2. 1100 East and 3900 South 3. 1300 East and 3900 South 4. 2300 East and 3900 South 5. 2300 East and Claybourne Avenue ---PAGE BREAK--- Millcreek Code Update Signs I 372 6. Murray-Holladay Road and Highland Drive G. Height. The maximum height of a billboard shall be 32 feet above the grade level of the road, except as provided below: 1. Signs that are oriented for viewing on an Interstate freeway travel lane may have a maximum height of 50 feet, but in no event shall be greater than 25 feet above freeway grade level. 2. In the event that a billboard cannot be viewed from any residential zone, it may exceed 32 feet in height, up to a maximum height of 40 feet. In order to achieve the additional height, the billboard owner must certify as part of a building permit that the billboard meets the following requirements: a. The billboard is not visible from a ground-level vantage point on any property in a residential zone within 150 feet of the Residential Zone Boundary, and b. The billboard must be situated on the same side of the street and within 50 feet of an existing building or buildings and have no greater height than the immediately adjacent building(s). H. Separation. The minimum distance between all billboards on the same side of the street shall be 500 lineal feet as measured along the same side of the street including intersections. All billboards must be at least 250 radial feet from any other billboard located on the opposite side of the street from where a new sign is to be located. I. Setbacks. 1. Setbacks from Rights-of-Way. The minimum setback shall be 5 feet to the leading edge of a billboard, including all structural and service support elements. The billboard's front-yard setback shall be measured from the future right-of-way line as indicated on the Transportation Master Plan. The closest edge of a billboard shall not project into any required setback area. 2. Setbacks from property line. The minimum setback from any property line shall be five feet to the leading edge of the billboard, including all structural and service support elements. 3. Setbacks from on-premise pole signs. The minimum setback between a billboard and any on-premise pole sign shall be 100 feet. 4. Setbacks from A, R-1, R-2, R-4, and RM Zones. The minimum setback between a billboard and any Residential Zone Boundary shall be one hundred fifty feet. The minimum setback of a billboard may be reduced to 100 feet if the billboard owner certifies as part of a building permit that no portion of the proposed billboard is visible from any ground level vantage point on a property in an A, R-1, R-2, R-4, or RM zone that is within 150 feet of the proposed sign, as measured from the zone boundary line. ---PAGE BREAK--- Millcreek Code Update Signs I 373 J. Lighting. The use of uplighting is prohibited. All lights shall direct their light downward and shall be shielded so that the lighting is confined to the sign face and the lighting source is not directly visible from any ground-level vantage point. K. Design. Billboards shall utilize either the "mono-pole" or the "bi-pole" design and shall be continually maintained structurally and on the sign face. The back of any single-faced billboard and the structure behind the sign shall be painted a dark color. The billboard owner shall make a good faith effort to design the billboard so as to reduce and minimize the visual bulk and mass of the pole and other structural elements of the billboard. Internally illuminated billboards, electronic display, digital display, LED display, video display billboards and electronic message centers are only allowed immediately adjacent to the Interstate 15 and shall be limited to no more than one change to the copy face in a twenty-four- hour period. Two-decked billboards are prohibited in all zones. L. Maintenance. All billboards, including the entirety of the sign area and all structural supports, shall be continuously maintained by the billboard company. Any area under the sign and all structural supports shall be continuously maintained and kept free of all animal droppings or other environmental and safety hazards by the billboard owner or the lessor of the land. M. Relocation of Billboards to Accommodate Redevelopment. In order to accommodate the redevelopment of sites within a community reinvestment area, or any site in the city that is at least one acre in size, the City may allow the following deviations from the standards in this chapter: 1. The minimum separation distance between billboards may be reduced to 400 lineal feet as measured along the same side of the street including intersections and may be reduced to 150 radial feet from any other billboard. 2. The maximum height of a billboard may be increased to 40 feet in height, subject to the standards established above. N. Credits for Removal. 1. Prior to the removal of any billboard, the owner shall obtain a permit for the demolition of the billboard. Permits may be provided following application to the City. After any billboard is removed, the City shall create a "billboard bank account" for the sign owner. 2. The account shall solely reflect credits for the billboard advertising space square footage as well as the date of removal, and the street address from which the billboard was removed. Any billboard credits not used within thirty- six months of their creation shall expire and be of no further value or use. 3. A billboard owner may sell or otherwise transfer billboards and/or billboard bank account credits. 4. The transfer of any billboard bank account credits does not extend their thirty- six-month life as provided in this section. Removal of a billboard that has two ---PAGE BREAK--- Millcreek Code Update Signs I 374 in-use advertising faces shall receive billboard bank account credits for the square footage of each sign face. 5. Credits may not be used to enlarge any non-conforming billboard or conforming billboard, other than those billboard located immediately adjacent to the Interstate 15 freeway, along State Street, or within 20 feet of the State Street right-of-way. O. Relocation. 1. The owner of an existing billboard may remove an existing billboard from any site to an approved location only after a permit for relocation is obtained upon substantiation of compliance with this chapter. 2. Prior to approval of a permit for relocation, the billboard owner (applicant) shall submit to the City a complete copy of the completed and signed lease agreement or other document to be signed by the property owner, indicating at a minimum the duration of the lease Additionally, prior to approval of a permit for relocation, the City shall by letter inform the affected community council chair and planning commission chair that application for a billboard permit has been received. 3. If a sign is to be relocated within 600 feet of a community district boundary, the city shall inform the affected community council chairs of each community district. 4. Billboards moved to approved locations shall conform to all billboard requirements of the new location. 5. Billboards moved from one location to another must be installed in the new approved location within the period allotted by the International Building Code (IBC). 6. A new billboard permit shall only be issued if the applicant has billboard bank account credits of a sufficient number of advertising face square feet for the billboard to be constructed. 7. When the permit for construction of a new billboard is issued, the City shall deduct from the sign owner's billboard bank account the advertising face square footage used for the new billboard. 8. If the new billboard uses less than the entire available square footage credits, any remaining square footage credits shall remain in the sign owner's billboard bank account. P. Notice Required for Billboards Relocated Subject to State Statute. 1. If the City receives written notice, electronic or otherwise, from a billboard owner to invoke intent, rights or benefits of any kind under Section 2(a) of UCA 10-9a-513 or under any other or future State Statute that applies in any manner to billboards or outdoor advertising, the City shall provide written ---PAGE BREAK--- Millcreek Code Update Signs I 375 notice of such request or intent to all property owners of record located within 500 feet of the property to which the sign is to be relocated or erected. 2. Property owner notices shall be sent via first class mail within one week of receipt of notice from the billboard owner, and a copy of the notice shall be sent to the billboard owner. Q. Business Licenses Required for Billboards. Each billboard operator shall obtain a business license and paying the required fee as established in the Millcreek fee schedule. R. Severability and Conflict. This section and its various parts are hereby declared to be severable if a court of competent jurisdiction declares any subsection, clause, provision or portion of this section invalid or unconstitutional. No court decision will affect the validity of either this section as a whole or any parts not declared invalid or unconstitutional by that decision. If any part of this section is found to be in conflict with any other provision of the City, the most restrictive or highest standard will apply, prevail and govern. 18.65.180 Maintenance; Removal of Sign A. All signs and advertising structures shall be maintained in good condition. B. After a verbal notification, non-maintained signs or advertising copy, that are not removed or repaired within the required thirty days, the City shall provide written notification to the sign the owner(s) by certified mail. If the owner does not remove the sign or copy within ten days, the City may remove it at the owner’s expense. C. Vacant signs. 1. Signs relating to a product no longer available for purchase, or to a business that has closed or moved, shall be removed or the advertising copy removed within thirty days of such unavailability. 2. Empty sign frames shall either be replaced with new signs for an active business or removed within six months from the time the sign area becomes vacant. If removal does not occur voluntarily, after appropriate notice is given, the owner shall remove the entire sign and support structure. If the owner does not remove the vacant sign within ten days, the City may remove it at the owner’s expense. 18.65.190 Iconic Signs A. The City has recognized the following iconic signs: 1. Tres Hombres non-rectilinear sign at 3298 S Highland Dr. 2. Bowling Sign at 1376 E 3300 S 3. Artesian Springs sign 4197 Main St. 4. Villa Theatre Sign 3092 S Highland 5. Dr. England Plumbing 1009 E 3300 S ---PAGE BREAK--- Millcreek Code Update Fences and Retaining Walls I 376 B. An iconic sign may not be removed unless updated or rebuilt with the exact specifications of the original sign. C. Iconic sign shapes may not be altered. D. Electronic message centers may not be incorporated into an iconic sign. 18.65.200 Action To Remove or Abate Violation A. The City Attorney shall be empowered to institute any appropriate action or proceeding in any case where any sign is erected, constructed, reconstructed, altered, repaired, converted or maintained, or in any case where any sign is used in violation of any City ordinance, to accomplish the following purposes: 1. To prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; 2. To restrain, to correct or abate such violation; 3. To abate and remove unsafe or dangerous signs. If an unsafe or dangerous sign is not repaired or made safe within ten working days after giving notice as provided in subsection B of this section, the Building Inspector or the Planning Director may at once abate and remove the sign, and the person having charge, control or benefit of any such sign shall pay to the City costs incurred in such removal within thirty calendar days after written notice of the costs is mailed to such person. 4. Fines may also be imposed as set forth in MKZ 18.03, Enforcement. B. Notice by the City shall mean written notice sent by certified mail to persons having charge or control or benefit of any sign found unsafe by the Building Inspector or the Planning Director. 18.66 Fences and Retaining Walls 18.66.010 Purpose The purpose of this chapter is to promote the use of high-quality materials in fences and retaining walls, while providing privacy, safety and security for individual properties and pedestrians through design, height, materials, and placement. 18.66.020 Applicability A. All fences and walls shall comply with the standards of this chapter. B. Any fence and/or walls in existence prior to the adoption date of this ordinance may remain, provided that the fence and/or wall satisfies all three of the following criteria: 1. The fence and/or wall existed before the adoption date of this ordinance and complied with the standards in effect at that time, 2. The fence and/or wall has been maintained continuously in good condition since the adoption of this ordinance, ---PAGE BREAK--- Millcreek Code Update Fences and Retaining Walls I 377 3. The fence and/or wall does not encroach into a public right-of-way or violates a clear view area. C. The provisions of this chapter may be superseded by specific regulations found in other chapters. 18.66.030 Permit Requirements A. Department approval required. Unless otherwise stated, fences or retaining walls that comply with this section are permitted by right without the need to obtain a site plan approval from the Planning Director. B. Building permit. A building permit shall be obtained for fences exceeding seven feet in height and retaining walls with a height greater than four feet of unbalanced fill, or walls supporting a surcharge, or as required by the currently adopted version of the International Building Code (IBC) or International Residential Code (IRC). C. Review of Construction Drawings. Prior to construction, all fencing and walls for new development shall have construction drawings submitted to the City for review and approval by the City Engineer. These drawings shall be considered part of the project improvements for bonding and occupancy purposes. Such plans shall include existing and proposed fences, style, material, heights, site plan and profile views, and original and finished grades as measured within four feet of both sides of the fence. 18.66.040 General Requirements A. Fencing may be described as open-style or opaque fencing. Open-style fencing is when a minimum of 70% of the fence area is transparent. Opaque fencing is where more than 70% of the fence area is obscured. ---PAGE BREAK--- Millcreek Code Update Fences and Retaining Walls I 378 Figure 18.67.1 Fence Types B. Waste Receptacles. All exterior commercial or shared/common waste receptacles shall be enclosed by a minimum six-foot high masonry or precast wall and shall include solid steel access doors. The color and materials of waste receptacle enclosures shall be consistent with the colors used on the associated buildings. All gates and doors shall be made of a solid steel material. Exterior waste enclosures are prohibited within ten feet (10’) of a residential property line or the front and street side yard areas. C. Recreation Fencing. All recreation sports court fences in excess of eight feet in height shall be a dark-colored open-style net, mesh, or powder-coated chain-link material. 1. Commercial ball field fences/nets may be allowed up to 60 feet in height when associated with a park, golf course, ball field, or similar commercial or recreational facility. Fences/nets above eight feet in height shall be located a minimum 10 feet from property lines. 2. A residential sports court fence shall only be located within the rear and interior side yard areas. Sports court fences exceeding eight feet in height shall be located a minimum of 30 inches from the property lines. Residential sports court fences may exceed eight feet in height when the fence is setback a minimum of thirty 30 inches from the property lines. For each foot ---PAGE BREAK--- Millcreek Code Update Fences and Retaining Walls I 379 of fence height in excess eight feet the setback shall also increase by one foot. No residential sports court shall exceed 14 feet in height. D. Temporary Fencing. A temporary six-foot chain-link or similar six-foot safety fence shall be installed around construction sites throughout the construction project. All construction fences shall be well-maintained and in excellent condition. All gates shall be securely locked when the construction site is unattended. Temporary construction fencing is exempt from the size and location requirements but must still meet all clear vision area requirements. E. Decorative Treatment. All sides of fencing shall be treated equally. F. Trail and Parks. Other fencing or landscaping techniques may be used to buffer waterways, trails, parks, open spaces or other uses as the Planning Director determines. G. Fence and Wall Maintenance. The property owners abutting a fence or wall shall continually maintain them in good repair, and ensure that the fence or wall is structurally sound, and in a safe condition. Repairs and patching shall use similar fencing materials and shall blend with the fence. The fence and wall owners are responsible for removing graffiti within 10 days of receiving a notice from a city code compliance officer. H. Utility Clearance and Easements: 1. No fence or retaining wall may be within four feet of an above-ground utility including but not limited to, fire hydrants, water meter boxes, telecommunication pedestals, and streetlights, without written permission from the utility company. 2. Fences and retaining walls shall not be constructed within an easement without prior written permission from each affected utility in a form acceptable to the city from each affected utility. Notwithstanding any written permission, the city reserves the right to deny a permit for a wall within or over a municipal or utility easement. 18.66.050 Hazardous Area Fencing A. Unless the Planning Director directs otherwise, fencing is required along hazardous areas including, but not limited to, railroads, canals, ditches, flood channels, waterways, unless as otherwise directed by the Planning Director. B. Fencing along hazardous areas shall be a minimum six feet in height. Taller fences or walls for properties with unusual topography or for a central utility facility may be required by the Planning Director. C. Cap fences along hazardous areas must be made of approved materials. D. Fencing along hazardous areas shall be solid decorative precast and integrally colored and textured block, brick, stone, or other masonry fence. E. Sidewalks or trails that cross over or are perpendicular to hazardous areas must have decorative open-style fencing such as decorative metal picket, split rail, or other decorative open-style fences made of high quality, durable, low maintenance materials. ---PAGE BREAK--- Millcreek Code Update Fences and Retaining Walls I 380 18.66.060 Collector and Arterial Street Fencing A. Properties with a rear or side yard abutting a collector or arterial street, as identified in the Roadway Functional Classification Map of the adopted Millcreek Transportation Master Plan, may install a decorative masonry or precast fence that is at least six feet high along the abutting a street right-of-way line adjoining the property. Colors and patterns shall match other masonry walls located within five hundred feet (500’) of either end of the fence. B. Masonry fences located along collector streets or arterial streets as identified in the Roadway Functional Classification Map of the adopted Transportation Master Plan shall include an anti- graffiti sealant. C. Noise Walls 1. Any development abutting I-215 or I-15 shall install a noise wall along the corridor right-of-way line if the Utah Department of Transportation determines whether such a wall is necessary. 2. Sound walls are exempt from the height and location requirements of this Chapter. 18.66.070 Fence Location and Height A. Front Yards and Street Side Yard Fences 1. Fences may be located within the front yard or street side yard setback area along a street right-of-way, as indicated in Figure 18.67.071 Yard Fence Locations, provided that: a. Privacy fences shall not exceed six feet in height within the street side yard area and not exceed three feet in height within the front yard and/or clear view areas, as measured from the nearest sidewalk, top of curb, or asphalt improvements, b. Front yard fences may be allowed up to six feet in height if designed and maintained as an open-style non-obscuring fence. c. Chain-link fences are prohibited within a side yard abutting a street and all front yard areas except for during construction d. Fences located within clear view areas as set forth in MKZ 18.67 shall be less than three feet in height unless designed and maintained as an open-style and non-obscuring fence. e. Fences abutting a collector street or arterial street, as identified in the Roadway Functional Classification Map of the adopted Transportation Master Plan shall meet the requirements for Collector and Arterial Street Fencing as set forth in this chapter. ---PAGE BREAK--- Millcreek Code Update Fences and Retaining Walls I 381 Figure 18.67.2 Yard Fence Locations B. Interior Side Yard and Rear Yard Fences 1. A fence not exceeding seven feet in height may be installed between abutting properties within side or rear yard area and/or along a rear or side property line without a building permit. 2. Fences and/or walls in the rear or side yard area may extend up to a maximum of eight feet in height, however, according to applicable building codes, fences and/or walls may require a building permit. 3. All rear and side yard fences shall comply with applicable clear view areas as set forth in MKZ 18.67, Clear View Areas. 18.66.080 Fence Materials A. Permitted Fence Materials 1. Fences and walls shall be made of high quality, durable materials that require minimal maintenance. The following materials and colors shall be used for all fences, except as otherwise provided in this section or by a more restrictive provision of this title or engineering standard: a. Decorative precast concrete or integrally colored and textured block, brick, stone, or other masonry wall materials; b. Vinyl, polyethylene materials with beige, white or other neutral color; c. Composite fence materials (Trex®, SimTek®, or similar); ---PAGE BREAK--- Millcreek Code Update Fences and Retaining Walls I 382 d. Weather-tolerant wood materials such as but not limited to cedar, redwood, cypress, bamboo; e. Decorative wrought iron or metal picket materials; f. Powder-coated chain-link may be allowed for public recreational uses or sport courts; g. Chain-link is allowed for temporary construction fences. B. Prohibited Fence Materials 1. The following fencing materials shall be prohibited in all zones: a. Plastic materials other than vinyl and composite; b. Materials not typically used, designated, or manufactured for fencing, such as but not limited to roofing panels, corrugated or sheet metal, tarps, wood panel (plywood OSB sheeting), scrap lumber or metal, rubber, tires. containers; c. Chain-link, when located within a front or street side yard area. d. Barbed wire, concertina wire, razor ribbon, and similar fencing materials; e. Electric fences. C. Fences on properties zoned as agricultural and large enough for livestock animals shall be constructed of sturdy fence materials, such as metal pipes, horse-grade vinyl, wood posts or similar materials the manufacturer recommends and as the Planning Director determines. 18.66.090 Fence Height Measurement A. Fence height shall be measured from the finished grade to the highest point of the fence. B. Berms, retaining walls, or other means to raise the elevation of the ground upon, or within four feet of a fence, shall be included in the measurement of fence height. C. When a difference in grade exists on either side of a fence or wall, the height of the fence or wall shall be measured as follows: 1. Height is measured at the property line from the lower property grade. 2. The higher property grade may not exceed 12 feet of elevation gain at any point within four feet of the property line. 18.66.100 Neighborhood Compatibility Modification (NCM) for Fence Height The Neighborhood Compatibility Modification (NCM) allows for modified standards for the height of fences in R-1, R-2, R-4, RM, and FRE based upon the compatibility of the proposed residential development application with other lots and parcels in the proximate neighborhood. The Planning Director may approve a NCM request at time of site plan submittal provided the following conditions are met: ---PAGE BREAK--- Millcreek Code Update Fences and Retaining Walls I 383 A. Evidence. Compliance with the corresponding neighborhood conditions must be established by a survey of the proximate neighborhood. B. 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. C. Permissible Modifications. NCM Standards. Fence height modifications may be accommodated if the request does not exceed a fence height of twelve feet D. Non-Permissible Modifications. Modification of fence heights in clear vision areas as set forth in MKZ 18.67, Clear View Areas, do not qualify under the NCM. 18.66.110 Retaining Walls – General Requirements A. Walls requiring a building permit shall submit a Geotechnical Report for soil stability by a certified geotechnical engineer licensed to practice in the state of Utah. B. Wall systems that are four feet or higher and that are made of organic material, such as treated lumber or railroad ties, are prohibited. C. Retaining walls located on properties subject to Sensitive Lands standards, shall comply with all applicable standards of MKZ 18.62, Sensitive Lands. D. Retaining walls used to extend driveways or to create additional surface parking or vehicular access when a fill is required to raise the elevation of the property from the original grade, a minimum 48-inch opaque screening fence shall be utilized. Figure 18.67.5 Retaining Wall Parking Screening ---PAGE BREAK--- Millcreek Code Update Fences and Retaining Walls I 384 18.66.010 Retaining Wall Submittal and Inspections A. A site plan and wall design plan stamped by a structural or geotechnical engineer licensed to practice in the State of Utah, must be submitted in order to obtain a building permit for a retaining wall. B. Site plans shall include the following: 1. The boundary of the property, including any required setbacks, easements, and building envelopes; 2. The existing and proposed surrounding surface grades and structures located in front of, behind, and to the side of the retaining wall at a distance equivalent to three times (3x) the height of the wall. If the wall is supporting a slope, the site plan shall include the entire slope plus surface grades and structures within a horizontal distance equivalent to the height of the slope; 3. The location of the proposed retaining wall(s); 4. The height and elevation of the bottom of the lowest point of the wall, the top of the wall and the finish elevation of the fill on both sides of the wall; 5. The drainage plan for the surrounding area and how the walls drainage system will connect to the site drainage system; C. Wall Design plans shall: 1. Reference any geological and geotechnical studies conducted on the site and incorporate the findings into the design. 2. Include sections and details to be utilized in the construction of the retaining wall showing: a. A detailed cross-section showing each lift’s minimum rock or block size, or a cross-section showing concrete thickness and re-bar size and spacing. b. The maximum wall height. c. The backfill material and specification. d. Soil stabilization methods or reinforcement materials and the required frequency of installation. e. A retaining wall drainage detail. f. The slope of the adjacent ground, including the surrounding properties g. Minimum embedment into the existing soil h. The inward slope of a retaining wall’s outside face. D. Inspections and Final Report: The engineer of record shall monitor all phases of retaining wall construction to verify that the nature and quality of the materials being used are appropriate and that the construction is in accordance with the engineered design. The engineer shall verify ---PAGE BREAK--- Millcreek Code Update Fences and Retaining Walls I 385 and submit to the city in writing that the materials and construction of the retaining walls are as built in accordance with the engineered design after construction. E. Conflict: 1. Millcreek retains a City Geologist to review, suggest modifications, and approve Geotechnical Reports. Millcreek reserves the right to commission the City Geologist to review or inspect all retaining walls, whether existing or proposed at the applicant’s expense. 2. Millcreek may request an as-built survey of retaining walls to verify height and surrounding grades at the applicant's expense prior to approval. 3. In cases of conflict between the provisions contained in this chapter, other adopted zoning regulations, the building code, , and the adopted standards for Sensitive Lands standards as set forth in MKZ 18.61, Sensitive Lands, or any other ordinance of Millcreek, the most restrictive provision shall apply. 18.66.020 Retaining Wall Height and Terracing A. To calculate the height of a retaining wall for compliance with the standards of this code, height shall be measured from finished grade to the top of the retaining wall system. B. Retaining Walls shall not exceed three feet in height when located within a clear view area as established in MKZ 18.67, Clear View Areas. C. A single retaining wall shall not exceed 12 feet in height. D. For a Retaining Wall System that uses terracing and/or a combination of multiple retaining walls: 1. The combined height of all retaining walls shall not exceed sixteen feet (16') in height. 2. The height of any upper wall shall not exceed the height any lower wall. 3. The engineer of record shall establish a minimum separation between the walls as measured from the back of the lower wall to the face of the upper wall. In no case shall the minimum separation be less than a one-to-one (1:1) ratio based on the height of the taller wall or be less than four feet in width. 4. Terraces between retaining walls shall be permanently landscaped or revegetated with shrubs and other similar perennials with at least 75 percent live plant material. 5. Any slopes in excess of 15 percent between terraces or tying into the original or proposed finished grade must be certified by the engineer of record and shall not exceed 50 percent slope. E. Retaining walls with a separation distance of at least two times (2x) the height of the tallest wall from the back of the lower wall to the face of the upper wall are considered separate walls. ---PAGE BREAK--- Millcreek Code Update Fences and Retaining Walls I 386 F. Fences on top of, or within four feet parallel to the top of a retaining wall are considered part of the overall wall height, excluding open-style guardrails and fences. Figure 18.67.6 Retaining Wall Requirements 18.66.010 Retaining Wall Setbacks A. The following shall apply to retaining walls within the front and street side yard setback areas: 1. Each retaining wall shall not exceed four feet in height. 2. Fences shall not be installed on the top of, or within four feet parallel to the top of a retaining wall. B. Any retaining wall exceeding 30 inches in height and within 36 inches of a walking surface or a property line shall provide a minimum 42-inch high guardrail, or similar barrier on top of the retaining wall. C. At no point shall a retaining wall be located within four feet of the current or future public right of way as set forth in the adopted Millcreek Transportation Master Plan. ---PAGE BREAK--- Millcreek Code Update Clear View Areas I 387 18.66.020 Special Requirements for Rockery Walls A. Fill Compaction: Where the rockery walls are constructed in front of a fill, the fill shall be placed, compacted, and tested as directed in a geotechnical study. All fills shall consist of quality fill meeting APWA standards. B. Rock Selection. Rock shall be of a cubical, tabular, or rectangular shape. Rounded rocks shall not be used, and internal void spaces in the facing shall be kept to a minimum. The rock shall be preapproved by the engineer of record. C. Rock placement. The engineer of record shall recommend the placement of rocks. A keyway shall be constructed into unyielding soil, as the engineer of record recommends.. D. Building permits for rockery walls shall include details specific to the site and not a generic standard design. E. Steepness of walls. The steepness of the rockery wall shall be noted in the drawings. 18.67 Clear View Areas 18.67.010 Purpose The purpose of this chapter is to establish standards to maintain a clear view area at the intersection of every street and at the intersection of every driveway with a street, in order to provide adequate vision of vehicular and pedestrian traffic. 18.67.020 Applicability All structures, including fences as walls, but excluding signs, shall comply with the clear view area requirements set forth in this Chapter. Clear view requirements for signs is set forth in MKZ 18.65.090. 18.67.030 General Requirements A. A clear view area is a 10-foot triangular area formed by the edge of any driveway or automobile access and the street right-of-way line or within a 30-foot triangular area formed by intersecting street right-of-way lines. A lesser or greater clear view triangular area may be approved or required by the City Engineer based upon traffic speeds, flows, volumes and other traffic related variables. Clear View Areas for Driveways and intersecting streets are depicted in Figure 18.67.1 and Figure 18.67.2. No view-obscuring object(s) shall be placed within the clear view area, including walls or opaque fencing that exceeds three feet in height. B. Open-style fences up to six feet in height or a combination of opaque fencing up to three feet with an open-style fence above is permitted. ---PAGE BREAK--- Millcreek Code Update Clear View Areas I 388 Figure 18.67.1 Driveway Clear View Areas Figure 18.67.2 Corner Clear View Areas ---PAGE BREAK--- Millcreek Code Update I 389 18.67.040 Exceptions Fences, trees, utility poles, and street signage may be located within the clear view area provide that: A. Fences and other objects shall not exceed three feet in height or shall be an open-style and non-obscuring material as approved by the City Engineer. B. Tree branches shall be pruned at least eight feet above the ground and shall not block street signs or signals. C. Tree trunks, utility poles, and similar objects may be allowed if approved by the City Engineer. 18.68 Outdoor Lighting 18.68.010 Purpose The Millcreek Together General Plan identifies sustainable design and buildings as a goal. Dark Sky lighting standards are explicitly recognized as a strategy to implement. The purpose of these standards is to acknowledge dark skies as a resource to be protected and enjoyed by the Millcreek community and to limit light pollution and light trespass across property lines, reduce energy consumption, minimize the potential disruption to nocturnal ecosystems, and promote safe and efficient outdoor lighting. 18.68.020 Applicability All development in Millcreek shall comply with the standards in this chapter. All outdoor lighting installed after the effective date of this section shall comply with the requirements herein. This includes, but is not limited to new lighting in parking areas, new residential, commercial, and manufacturing developments, including any site plan approval or change of use permit, and any new lighting installed as part of a minor site plan amendment. Lighting upgrades to existing single-family or two-family dwellings are not required to follow the requirements of this chapter, unless as part of a site plan approval or site plan amendment. 18.68.030 Outdoor Lighting Design A. Location. Outdoor lighting shall be designed at the minimum necessary to provide for the safety and functionality of the property. Outdoor lighting shall be limited to areas with a functional purpose (including but not limited to doors, pathways, driveways, parking areas, outdoor gathering areas,). The following outdoor lighting is permitted: 1. Entrances to buildings (including garages) 2. Pathways and walkways 3. Outdoor gathering areas 4. Architectural lighting provided the following are met: ---PAGE BREAK--- Millcreek Code Update Outdoor Lighting I 390 a. The light fixture is mounted on and directed onto the front of a commercial building so that the light falls on the building,not on the ground abutting the building or into the night sky. b. The light fixture is sufficiently shielded and directed downward so that the light source does not trespass beyond the property lines. c. The light fixture uses a low lumen count (less than 2,000 degrees Kelvin). d. The light fixture is not used to illuminate landscaping, statues, art/sculpture, or other similar features. 5. Lighting for security purposes shall satisfy the following: a. Lighting is activated by motion sensor and does not stay on for longer than five minutes.. b. Lighting is placed and directed so that no direct illumination surpasses property lines and satisfies the standards outlined in MKZ 18.68.030 6. Outdoor water features may be illuminated shall satisfy the following: a. The light fixtures are angled at or below the horizontal plane. b. The light fixture is placed underneath or behind the water so that the water diffuses the light from all points where the light is visible. c. The light source is 1,000 lumens or less. B. Light Color Temperature. All outdoor lighting shall be a warm light temperature color. All light sources for outdoor lighting temperature shall be equal to or less than 3,000 degrees Kelvin. C. Fully Shielded Fixture Requirements. Unless otherwise stated in this section, all outdoor lighting shall include fully shielded fixtures and shall be installed so light is directed downward with no light emitting above the horizontal plane extending from the bottom of the light fixture. The following characteristics shall qualify as “fully shielded”: 1. The top and sides of the fixture shall be made of completely opaque material, so light escapes only from the bottom of the fixture. 2. For fixtures mounted on or attached to a building or structure other than a parking lot light pole or a sign, the bottom of the light source shall be at least two inches higher than the bottom of the fixture housing. 3. Structures such as eaves, overhangs, canopies, or patio convers are not considered when determining whether a fixture is fully shielded. 4. If mounted on or attached to a building or structure to a building other than a parking lot light pole, the light source of the fixture shall not be visible from any point not on the property where the fixture is located. D. Light Trespass Standards. The following standards apply to all outdoor lighting fixtures with the intent to limit light trespass from one property to another: ---PAGE BREAK--- Millcreek Code Update Outdoor Lighting I 391 1. All outdoor light fixtures shall be located, aimed, and shielded so that any direct illumination from the light fixture is confined to the property in which the fixture is installed. Permissible light shielding configurations are illustrated in Figure 18.61.1. 2. Any light fixture with an output of 10,000 lumens that is located within 50 feet of a residential property line (including but not limited to multi-household development) or public right-of-way shall utilize either an internal or external shield, in which the light fixture is oriented to prevent direct illumination over the adjacent property or right-of-way and the shield shall be painted in a way that minimizes reflections. E. Exemptions. An outdoor light fixture with a total light output of less than 1,000 lumens is exempt from the shielding requirements, provided the following are satisfied: 1. The fixture has a top that is entirely opaque to ensure that no light is directed upwards 2. The fixture’s sides completely cover the light that is made of semi-opaque to opaque material and may have incidental decorative perforations that emit small amount of light. Completely transparent materials, such as glass, are not allowed. 3. The light source shall not be visible from any point outside of the property in which the fixture is located. 18.68.040 Specialized Outdoor Lighting Figure 18.68.1 Shielding Configurations ---PAGE BREAK--- Millcreek Code Update Outdoor Lighting I 392 A. Gas station canopies may be illuminated provided all light fixtures are mounted on the undersurface of the canopy and all light fixtures are fully shielded as illustrated in Figure 18.68.1. Except for downward-directed beam lighting, merely placing the fixtures on the underside of the canopy does not qualify as fully shielding the light fixture. Unshielded downward-directed beam lighting mounted under the canopy is allowed, provided the light source cannot be seen outside the property boundaries. B. All public outdoor lighting, including streetlights, shall utilize LED lamps or to minimize sky glow and other unintended impacts of artificial lighting. For lights along residential streets, the lowest illumination design that satisfies the minimum illumination requirements set by UDOT shall be used. Location of streetlights are subject to the provisions as set forth in MKC Title 14. C. Public outdoor lighting other than streetlights shall satisfy all the requirements of this chapter. Such lighting is only permitted if the lighting enhances safety and security for users of the public property being illuminated. D. All public outdoor lighting shall include adaptive controls that adjust illumination levels based on the time of day. The scheduling and illumination level for the adaptive controls shall be based on the nature of the public lighting, as determined by the City Engineer, with the goal of minimizing the amount of light to the greatest extent possible. E. Parking Lots. 1. Spot or flood lighting of parking lots from a building or other structure is prohibited. 2. The overall height of any light post used to illuminate parking lots in commercial zones shall not exceed 25 feet. All post-mounted parking lot lights shall be set back from property lines at a distance equal to two and one-half times the height of the pole. 3. The overall height of any light post used to illuminate parking lots in residential zones shall not exceed 14 feet. 4. All parking lot lighting shall use fully shielded fixtures. 5. No display area or parking lot light poles shall be located within 20 feet of the public street. Parking lot lighting adjacent to residential uses shall utilize full cut off luminaries. F. Recreational lighting. 1. Recreational lighting fixtures for fields or courts shall satisfy the following requirements: a. The recreational lighting has provisions for minimizing glare, light spillover, and uplighting using louvers, hoods, or shielding; b. The recreational lighting will only illuminate the field or court area with no direct illumination falling outside of those areas; and c. The recreational light source will not be visible from adjacent properties. ---PAGE BREAK--- Millcreek Code Update Outdoor Lighting I 393 2. Pole-mounted recreational lighting shall be limited to 60 feet in height. Pole- mounted recreational lighting shall be set back a at least 60 feet from adjacent properties. 3. The lighting for non-field and non-court areas shall conform to all provisions of this chapter. 4. Illumination levels for recreational area lighting shall be adjustable based on the task (e.g. active play vs. field or court maintenance). 5. Recreational lighting shall be turned off no later than 10:00 p.m., or one hour after the end of play, whichever is earlier. Recreational lighting installations shall include timers or auto-shut-off controls that prevent lights from being left on when the recreational area is not in use. G. Amphitheater Lighting. Outdoor amphitheaters may use illumination to light the performance area of the amphitheater and for public safety. The following standards apply to all amphitheater lighting: 1. Lighting used to illuminate the performance area may only be turned on during performances, rehearsals or during maintenance. 2. Lighting used to illuminate the seating areas, pathways, and other areas of the amphitheater shall meet all standards of this chapter. H. Vending machines, gas station pumps, ATMs, and Kiosks. Machines and kiosks that provide self-service dispensing of goods or money, including but not limited to vending machines, gas station pumps, and ATMs, may be illuminated subject to the standards of this section: 1. The machine is placed entirely underneath a solid covering (such as a patio cover) so that its light does not escape into the night sky. 2. The machine is either: a. Completely screened from view from adjacent properties and streets by a solid and opaque screen such that no illumination from the machine is visible from adjacent properties or the street, or b. The light source used to illuminate the machine has a constant illumination level. The light source may not blink on and off or undulate in lighting intensity. I. Flagpoles. Property owners are encouraged not to illuminate flagpoles at night, but rather to hoist flags after dawn and lower flags before sunset. If flags are illuminated at night, lighting of up to a total of two flags per property is permitted with the following conditions: 1. Only the flag of the United States of America or the flag of the State of Utah may be illuminated. 2. Flags on poles over 20 feet above ground level shall be illuminated only from above. This may be achieved by utilizing a luminaire attached to the top of the flagpole. The luminaire shall comply with all sections of this Chapter. The total ---PAGE BREAK--- Millcreek Code Update Required Studies and Plans I 394 light output from any luminaire mounted on top of a flagpole shall not exceed 800 lumens. 18.68.050 Prohibited Lighting The following are prohibited: A. Uplighting of any type including but not limited to lighting used to illuminate buildings and other structures, and vegetation except as otherwise stated in this Chapter, B. Laser source lights, searchlights, or similar high-intensity lights, C. Strip LED lights that do not meet the provisions of this Chapter. 18.68.060 Review Procedures and Compliance Requirements A. All new development applications shall include an outdoor lighting plan. The lighting plan shall show evidence that the proposed lighting fixtures and light sources comply with the provisions outlined in this Chapter. The lighting plan shall include the following: 1. Plans shall indicate the proposed location, height, and type of fixtures. Including but not limited to, lamps, supports, shielding and reflectors, and installation and electrical details; 2. Descriptions and illustrations of lighting fixtures. Manufacturer’s catalog cuts may suffice. The descriptions shall include, but are not limited to, bulb wattage, shielding, and light temperature; 3. A table indicating the total amount of proposed exterior lights, by fixture type, color temperature, lamp type, and 4. A calculation of the total lumen output for all outdoor fixtures on the property. B. The lighting plan shall be submitted for approval in accordance with all other associated application processes. 18.69 Required Studies and Plans 18.69.010 Purpose This chapter establishes requirements for professional studies to be conducted as part of the application process for land use permits. This chapter establishes a framework for evaluating and mitigating potential negative impacts of land use developments through comprehensive professional studies. For the purposes of this chapter, the term “Studies” or “Study” shall also mean other professional documentation required such as but not limited to reports, analysis, plans, and surveys. ---PAGE BREAK--- Millcreek Code Update Required Studies and Plans I 395 18.69.020 Applicability This chapter applies to all proposed developments seeking a building permit or land use approval. Studies are required for land use applications as set forth in MKZ 18.69.040, Study Types. Required studies must be submitted with a Land Use Application. 18.69.030 Study and Plan Requirements A. Study Preparation. Each study shall be prepared by a qualified professional in the respective field, licensed to practice in the State of Utah. Studies shall be based on methodologies recognized by professional organizations and industry standards approved by the city. B. Commission of Study. The City shall commission the applicable study from a pool of licensed professional engineers, architects, and surveyors, at the applicant’s expense. The applicant shall pay the cost of the study before its commencement. The City shall not begin the commencement of the study until the estimated cost is paid in full. C. Scope of Study. The qualified professional performing the study shall determine the scope of the study, including the methodology used to analyze negative impacts accurately and propose recommended mitigation measures. The City must approve this scope. The Planning Director may modify the scope of the study if is determined to be in the City’s best interest. D. Submission Requirements. The applicant shall submit a PDF copy of the study and plan with the required land use application. ---PAGE BREAK--- Millcreek Code Update Required Studies and Plans I 396 18.69.040 Study Types A. Traffic Impact Study. 1. Description A traffic impact study includes but is not limited to a detailed analysis of existing and anticipated traffic impacts generated by the proposed development, including but not limited to vehicular, pedestrian, cyclist movements, drive up and drop off lane stacking. The traffic impact study shall be supported by appropriate data presented in the latest edition of the Institute of Transportation Engineers’ (ITE) publication, Trip Generation Manual. Other studies recognized by the traffic engineering profession may be used for analysis purposes. Those conducting impact studies should consult ITE's Traffic Access And Impact Studies For Site Development (1991), and the U.S. Federal Highway Administration’s "Site Impact Traffic Evaluation (SITE) Handbook" report number FHWA/PL/85/004, January 1985, or the most recent publication update. The latest edition of the ITE publication Trip Generation – An Informational Report or any successor publication by the ITE will be used to determine average daily trips (ADT) generated based on the applicant’s proposed development. 2. Required When A traffic impact study shall be required in conjunction with all developments based on the following development threshold Study Types: 1. Developments that include a drive-up and/or drop-off lane as part of a land use application submittal. 2. Developments anticipated to generate between 50-100 Average Daily Trips (ADT) according to Trip Generation – an Informational Report or any successor publication by the ITE. 3. Developments generating more than 100 Average Daily Trips (ADT) according to Trip Generation – an Informational Report or any successor publication by the ITE. 3. Scope Boundaries (Study Criteria) All traffic impact studies shall, at minimum, incorporate the traffic Study Criteria identified in Table 18.69.040 Study Type and Criteria. ---PAGE BREAK--- Millcreek Code Update Required Studies and Plans I 397 Table 18.69.040 Study Type and Criteria Study Type 1. 2. 3. Study Criteria Developments that Include a Drive-Up and/or Drop-Off Lane Developments Generating between 50–100 Average Daily Trips (ADT) Developments Generating more than 100 Average Daily Trips (ADT) Study Area The study area shall be identified by the lot or parcel boundaries of the area of immediate influence. Study area shall include property frontages. The study area shall Identify site, cross, and adjacent up and down stream access points within access category distance of property boundaries. The study area shall be identified by the lot or parcel boundaries of the area of immediate influence. Study area shall include property frontage and adjacent lots or parcels. The study area shall Identify site, cross, and adjacent up and down stream access points within access category distance of property boundaries. The study area shall be identified by the lot or parcel boundaries of the area of immediate influence. Study area shall include property frontage and adjacent lots or parcels. The study area shall Identify site, cross, and adjacent up and down stream access points within access category distance of property boundaries. Include any identified queuing distance at site and study intersections. Design Year Current plus Opening day. Current plus Opening day. (City may include Future design with 5 year post Opening) Current plus Opening day of project. (City may include Future design with 10 year post Opening) Analysis Period Peak hours (AM/PM and peak period of operation). Identify site traffic volumes and characteristics. Peak hours (AM/PM and peak period of operation). Identify site traffic volumes and characteristics. Peak hours (AM/PM and peak period of operation). Identify site traffic volumes and characteristics. ---PAGE BREAK--- Millcreek Code Update Required Studies and Plans I 398 B. Shade Study 1. Description A study to evaluate the movement of the sun across a site and understand how shadows cast by nearby buildings, trees, or other objects will impact solar access and natural lighting. 2. Required When Any proposed development requesting an increase in height and or massing that exceeds the minimum height and spatial requirements of the Millcreek Zoning Code. Conflict and Capacity Analysis Identify vehicle conflicts at access points. Identify vehicle conflicts at access points. Analyze site and adjacent road traffic for key intersections Diagram flow of traffic at access point(s) for site and adjacent development. Perform capacity analysis as determined by city. (May include full analysis of intersection and corridor capacity) Data Collection Identify traffic counts at site access and adjacent intersections. Identify traffic counts at site access and adjacent intersections. Identify site and adjacent street roadway and intersection geometries. Identify adjacent street(s) traffic volume and characteristics. Right of Way Access Review of driveway location, spacing, and queuing. Identify right-of-way, geometric boundaries and physical conflicts. Investigate existence of federal or state, no access or limited access control line. Identify right-of-way, geometric boundaries and physical conflicts. Investigate existence of federal or state, no access or limited access control line. Design and Mitigation On-site queuing and operational design. Identify operational concerns and mitigation measures to ensure safe and efficient operation pursuant to appropriate state highway access category. Determine and document safe and efficient operational design needs based on site and study area data. Identify operational concerns and mitigation measures to ensure safe and efficient operation pursuant to appropriate state highway access category. ---PAGE BREAK--- Millcreek Code Update Required Studies and Plans I 399 3. Scope Boundaries Entire scope of development, including all affected properties. C. Photometric Study 1. Description A photometric study is a digital simulation of how light from a fixture will spread out in a space. It's a key step in the lighting design process for many construction sites, including offices, restaurants, and shopping centers. 2. Required When a. All proposed developments in the C-2 and C-3 Zones with interior streetlights. b. All proposed developments in the IF Zone with interior streetlights. c. All proposed commercial or manufacturing developments abutting a Residential Zone Boundary. 3. Scope Boundaries Entire scope of development including abutting streets. D. Parking and Mobility Study 1. Description Study to provide recommendations for new parking requirements for selected land uses associated with new development. Typically based on ITE standards, local parking counts, and proximity to existing and future transit. 2. Required When a. Proposed developments with uses not listed in the Table 18.64-2 in MKZ 18.63.020. b. Proposed Shared Parking. c. Valet Parking Program. 3. Scope Boundaries a. Entire scope of development. b. Subject to all requirements located in MKZ 18.64. E. Sign Illuminance Study 1. Description A study that establishes illumination levels projected from illuminated signs and analyzes light trespass and glare impacts from sign lighting. The study includes an existing site analysis measuring light trespass and glare at all property boundaries of the site location. 2. Required When ---PAGE BREAK--- Millcreek Code Update Required Studies and Plans I 400 All proposed illuminated signs. 3. Scope Boundaries For property lines that abut public walkways, bikeways, plazas and parking lots, the property line may be considered to be 5 feet beyond the actual property line for purpose of determining compliance with this section. For property lines that abut streets, other public rights-of-way, or public transit corridors, the property line may be considered to be the centerline of the street, right-of-way, or public transit corridor for the purpose of determining compliance with this section. F. Noise Study 1. Description A study that assesses the impact of all existing noise sources on residential development, including industrial or commercial stationary sources, transportation noise sources, and new noise sources from the proposed development. 2. Required When Any zone map amendment or change of use where a commercial or industrial use is being proposed within 100 feet of a Residential Zone Boundary or a legally established residential use. 3. Scope Boundaries Entire scope of development. Not to exceed minimum Salt Lake County Health Department standards for residential developments. 18.69.050 Plan Types A. Circulation and Access Plan 1. Description a. A Circulation and Access Plan is to identify a proposed project's potential traffic conflicts generated by proposed access points and vehicular, pedestrian, and bicycle routes. The circulation plan shall show adjacent roads, access points, primary travel routes, drop off and pick up areas, stacking and queuing areas, connections with adjacent properties, and pedestrian and bicycle routes 2. Required When a. All proposed developments that include the use of a drive-up window, car wash, or vehicle bay. b. Must be done in conjunction with a traffic impact study as set forth in MKZ 18.69.040 c. Projects that include proposed private streets in residential areas. d. Developments subject to a rezone or Development Agreement. This requirement may be waived at the City’s discretion. 3. Minimum Plan Requirements ---PAGE BREAK--- Millcreek Code Update Required Studies and Plans I 401 a. The Circulation and Access Plan shall show adjacent roads, access points, primary travel routes, drop off and pick up areas, stacking and queuing areas, connections with adjacent properties, and pedestrian and bicycle routes. B. Operations Plan 1. Description An Operations Plan is to identify the potential sound, vibration, light, glare, odor, crime, hazardous materials, fire, and environmental impacts generated by a use or project based on the operational nature, scale, or practices of an establishment. 2. Required When a. All proposed developments listed as a conditional use. b. Developments subject to a rezone or Development Agreement. This requirement may be waived at the City’s discretion. 3. Minimum Plan Requirements The Operations Plan shall include the following information, if applicable: date of commencement of operations; proposed hours and days of operation; a general description of the operation; a projection of the number of persons on site employees and customers); types of accessory uses anticipated; hazardous materials to be used or produced on site; and all other relevant information to describe the nature, scale, practices of the establishment. ---PAGE BREAK--- Millcreek Code Update Single-Household and Two-Household Dwelling Standards I 402 C. Rehabilitation and Containment Plan 1. Description A Rehabilitation and Containment Plan shall be prepared if hazardous materials are to be stored, used, or produced in significant quantities and the policies and practices to prevent and contain the accidental or inappropriate discharge of those materials. The plan shall demonstrate that the proposed use will comply with all State and Federal requirements and that the public and the environment will be protected from hazardous conditions. 2. Required When a. All proposed developments listed as a conditional use. b. All proposed developments that involve significant quantities of hazardous materials. c. Developments subject to a rezone or Development Agreement. This requirement may be waived at the City’s discretion. 3. Minimum Plan Requirements a. The plan shall demonstrate that the proposed use will comply with all State and Federal requirements and that the public and the environment will be protected from hazardous conditions b. A rehabilitation plan shall also include actions that will be taken upon cessation of activities or uses involving potentially hazardous materials to ensure that the site is free from hazardous materials for future activities or uses. 18.69.060 General Standards of Applicability A. Standards in other chapters may apply. In the event the regulations of this chapter conflict with other regulations of this Title, then the more restrictive regulations shall apply. 18.70 Single-Household and Two-Household Dwelling Standards 18.70.010 Purpose These standards are intended to create a harmonious and compatible standard for single and two household dwellings. 18.70.020 Applicability These standards apply to all single-household and two-household dwellings in all zoning districts in Millcreek. 18.70.030 Standards A. Any detached single-household or two-household dwelling located on an individual lot or parcel outside of a mobile home park or mobile home subdivision must satisfy the off-street ---PAGE BREAK--- Millcreek Code Update Single-Household and Two-Household Dwelling Standards I 403 parking requirements in MKZ 18.64, Parking and Mobility Standards, and the following standards in addition to any others required by law except as provided below: 1. The dwelling unit must satisfy the International Building Code or International Residential Code, as applicable, or, if it is a manufactured home, it must be certified under the National Manufactured Housing Construction and Safety Standards Act of 1974, and must have been issued an insignia and approved by the U.S. Department of Housing and Urban Development and must not have been altered in violation of such codes. A used manufactured home must be inspected by the city building official or his designated representative prior to placement on a lot or parcel to ensure it has not been altered in violation of such codes. 2. The dwelling must be taxed as real property. If the dwelling is a manufactured home, an affidavit must be filed with the State Tax Commission pursuant to Utah Code Section 59-2 et seq., Property Tax Act. 3. The dwelling must be permanently connected to and approved for all required utilities. 4. The dwelling must provide a minimum of 72 square feet per dwelling unit of enclosed storage, with a minimum height of six feet located in the basement or garage area or in an accessory structure. The accessory structure shall conform to the requirements oof MKZ 18.59. Accessory Structures, and all applicable building codes. 5. The dwelling must be attached to a site-built permanent foundation which satisfies the International Building Code or International Residential Code, as applicable or, if the dwelling is a manufactured home, the installation must satisfy the ICBO Guidelines for Manufactured Housing Installations, including any successors to these standards, and the space beneath the structure must be enclosed at the perimeter of the dwelling in accordance with such ICBO Guidelines, and constructed of materials that are weather-resistant and aesthetically consistent with concrete or masonry type foundation materials. At each exit door there must be a landing that is a minimum of 36 inches by 36 inches and that is constructed to meet the requirements of the International Building Code or International Residential Code, as applicable. All manufactured home running gear, tongues, axles, and wheels must be removed at the time of installation. 6. The width of the dwelling shall be at least twenty feet at the narrowest part of its first story for a length of at least twenty feet exclusive of any garage area. The width shall be considered the lesser of the two primary dimensions. Factory-built or manufactured homes shall be multiple transportable sections at least ten feet wide unless transportable in three or more sections, in which case only one section need be ten feet wide. ---PAGE BREAK--- Millcreek Code Update Single-Household and Two-Household Dwelling Standards I 404 7. Except as limited by subsection 8 of this section, use of one manufactured home as a dwelling on a lot or parcel located outside of a mobile home park or mobile home subdivision prior to the initiation by the City of the enactment of the ordinance codified in this section, which use does not satisfy the requirements set forth in subsections 1 through 6 of this section shall be considered as a nonconforming dwelling though not previously approved by the City if such manufactured home and the parcel on which it is located comes into compliance by December 31, 1990, with all development standards which would have applied to a single-household dwelling located on such parcel at the time the manufactured home was first used on the parcel as a dwelling. Development standards shall include subdivision, zoning, flood control, outside electrical hookup, applicable fees, health, and fire service provider requirements for single- family dwellings on such lot or parcel. 8. The use of a manufactured home as a dwelling located on a lot or parcel or lot outside of a mobile home park or mobile home subdivision shall terminate on December 31, 1990, unless the owner opts to have the manufactured home taxed as real property on or before such date by filing an affidavit with the State Tax Commission pursuant to Utah Code Section 59-2, Property Tax Act, and meeting the requirements of that statute for having the manufactured home taxed as real property. 9. Replacing an existing nonconforming manufactured home on a lot or parcel outside a mobile home park or mobile home subdivision shall comply with all requirements herein, and the requirements of the applicable zone. ---PAGE BREAK--- Millcreek Code Update Accessory Dwelling Unit Standards I 405 18.71 Accessory Dwelling Unit Standards 18.71.010 Purpose Accessory Dwelling Units (ADUs) in single-family residential zones are an important tool in the overall housing goals and needs of the City and allow for alternative and flexible housing options in owner-occupied single-family residences. The purposes of the ADU standards of this code are to: A. Create new housing units while respecting the appearance, neighborhood character, and scale of single-family residential development. B. Provide more housing choices in residential zones. C. Allow more efficient use of existing housing and large yards. D. Provide housing options for family caregivers, adult children, aging parents, and families seeking smaller households. E. Offer a means for residents, particularly seniors, single parents, and families with grown children, to remain in their homes and neighborhoods, and obtain extra income, security, companionship, and services. F. Broaden the range of affordable housing options throughout the city. 18.71.020 Interpretation The City’s intent in adopting this ordinance is not to increase density of the underlying zone designation. An ADU shall always be an accessory use to the principal dwelling. 18.71.030 Applicability Properties are eligible for an accessory dwelling unit if: A. The property is owner-occupied, B. The use of the property at the time of application and at any time thereafter is single-family residential, and C. The property is in an R-1 or A zone. 18.71.040 Permitted and Conditional Uses and Limitations A. Internal ADUs are a permitted use as set forth in Utah Code Section 10-9a-530, with additional requirements set forth in MKZ 18.71.070. B. Attached and Detached ADUs are permitted uses in the R-1 and A zones and are subject to the design standards of this chapter. ---PAGE BREAK--- Millcreek Code Update Accessory Dwelling Unit Standards I 406 18.71.050 Request For Compliance Determination A property owner may request a review to determine the compliance of an accessory dwelling unit. This request shall be conducted following the procedure as set forth in MKZ 18.15.030 The Planning Director shall issue a Compliance Determination in writing. If the Planning Director determines that an Accessory Dwelling Unit complies with the standards of this chapter, then a notice of compliance shall be recorded on the property at the Salt Lake County Recorder’s Office. Notices that demonstrate compliance with the City’s land use regulations and state statute shall include, at a minimum, the following: A. a description of the primary dwelling; B. a statement that the primary dwelling or property contains an ADU; C. a statement that the primary dwelling or property is owner-occupied; D. a statement that the ADU may only be used in accordance with the City’s land use regulations. 18.71.060 Development Standards Generally A. An accessory dwelling unit shall not be sold separately or subdivided from the principal dwelling unit or property. B. A property may have either an internal or attached ADU as part of a primary dwelling, or a detached ADU on the lot or parcel that is shared with the primary dwelling. No property may have more than one ADU. C. The design and size of the ADU shall conform to all applicable standards in the building, plumbing, electrical, mechanical, fire, health, and any other applicable codes. When a new ADU is proposed in an existing single-family dwelling, the entire ADU shall comply with all applicable standards. D. The installation of separate utility meters is prohibited. E. An ADU shall comply with the regulations of the underlying zone for accessory buildings, except the area requirements for accessory buildings. Where the provisions in this chapter are inconsistent with any other chapters of City ordinances, the most restrictive provisions shall apply. F. Design Standards. The ADU, attached or detached, shall incorporate at least one of the exterior materials used in the principal dwelling for 20 percent of all structure facades. The ADU must have a pitched roof unless the principal dwelling has a flat roof, in which case an ADU may have a flat roof or a pitched roof. The ADU shall maintain the same color of the primary dwelling for at least 50 percent of all facades. G. ADUs may not be built within a recorded easement. H. Additional requirements for internal ADUs shall be as set forth in MKZ 18.71.070. I. Additional requirements for attached ADUs shall be as set forth in MKZ 18.71.080. J. Additional requirements for detached ADUs shall be as set forth in MKZ 18.71.090. 18.71.070 Development Standards for Internal Accessory Dwelling Units ---PAGE BREAK--- Millcreek Code Update Accessory Dwelling Unit Standards I 407 Internal ADUs are regulated under Utah Code Section 10-9a-530, and additionally shall A. Not change the appearance of the primary dwelling as a single-family dwelling; B. Be prohibited from having separate utility meters from the primary dwelling; and C. Be prohibited in a mobile home or manufactured home. 18.71.080 Development Standards for Attached Accessory Dwelling Units Attached ADUs are permitted, subject to the following standards: A. The entrance for the attached ADU shall not be visible from a public right-of-way. B. The occupancy limit for an attached ADU is two adults and any number of children. C. The lot or parcel coverage for an attached ADU is determined by the underlying zone standards. 18.71.090 Development Standards for Detached Accessory Dwelling Units A. A detached ADU shall be a permanent structure. Trailers, mobile homes, and other portable structures, especially structures with wheels, shall not be permitted as a detached ADU. B. A detached ADU is not eligible for The Neighborhood Compatibility Modification provisions found in MKZ 18.34 or MKZ 18.36. C. A detached ADU shall not be used as a short-term rental. D. Exterior lighting shall provide illumination directed downward and shall follow the standards as set forth in MKZ 18.68, Outdoor Lighting. Light source shall not be visible from adjacent properties. E. Windows on a façade, located within 15 feet of an adjacent property containing a single- household dwelling, or two-household dwelling shall be fixed (non-operable) and translucent or shall be installed as skylights. F. Entrances, parking, and stairways within 15 feet of an adjacent property shall not be visible from the adjacent property. This may be done with a fence along the side and rear property lines, landscaping that is dense enough to obscure activity, or placing the entrances and stairs out of view of adjacent properties. Corner properties with ADU entrances facing a right-of-way are not required to screen the entrance if not facing the same right-of-way as the primary dwelling entrance. G. Detached ADUs shall not be built on slopes of 30 percent or greater. H. Balconies on the second story of an ADU are prohibited. I. Exterior stairways and landings shall not encroach into a setback. Table 18.71-2 ---PAGE BREAK--- Millcreek Code Update Accessory Dwelling Unit Standards I 408 Detached Accessory Dwelling Unit Standard Specific Use Limitations or Specific Standards Minimum Property Area 8,000 SF Location Rear Yard Gross Square Footage An ADU shall be the lesser of the gross square footage of the existing main building footprint, or 1000 sq ft. Property Coverage Total Determined by the underlying zone designation Setbacks from Side and Rear Property Lines 5 Feet For heights above 14 feet, the setback shall increase by 1 inch for each added inch of height. Setback from Main Building 6 Feet Maximum Height The lesser of 24 feet or the height of the existing main building, . Occupancy Limit 2 adults and any number of children 18.71.100 Termination A. If a property owner is found to violate this title the City may revoke the use of an ADU on the property. 18.71.110 Addressing A. The property owner may request an ADU be given a separate address from the primary dwelling. A property owner requesting an additional address shall submit a request for a separate address to the Salt Lake County Addressing office. 18.71.120 Enforcement And Noticing A. In addition to any other legal or equitable remedies available to a municipality, the City may hold a lien against a property that contains an internal accessory dwelling unit if: 1. The owner of the property violates any provisions of this Title, and any other applicable section of the code; 2. The City provides a written notice of violation in accordance with section B; 3. The owner of the property fails to cure the violation within the time period prescribed in the written notice; ---PAGE BREAK--- Millcreek Code Update Accessory Dwelling Unit Standards I 409 4. The City provides a written notice of lien in accordance with section C; 5. The City records a copy of the written notice of lien with the County Recorder. B. The written notice of violation shall: 1. Describe the specific violation; 2. Provide the owner of the ADU a reasonable opportunity to cure the violation that is: a. At least 14 days after the day on which the City sends the written notice of violation, if the violation results from the owner renting or offering to rent the ADU as a short-term rental; or b. At least 30 days after the day on which the City sends the written notice of violation, for any other violation. 3. State that if the owner of the property fails to cure the violation within the time period described above, the municipality may hold a lien against the property in an amount of up to $100 for each day of violation after the day on which the opportunity to cure the violation expires; 4. Notify the owner of the property: a. That the owner of the property may file an appeal of the notice of violation within 10 days days after the day on which the written notice of violation is postmarked or posted on the property; and b. Of the name and address of the City office where the owner of the property may file the written objection; 5. Be mailed to: a. The property’s owner of record; and b. Any other individual designated to receive notice in the owner’s license or permit records; and 6. Be posted on the property. C. The written notice of lien shall: 1. Comply with Utah Code Section 38-12-102; 2. State that the property is subject to a lien; 3. Specify the lien amount, in an amount of up to $100 for each day of violation after the day on which the opportunity to cure the violation expires; 4. Be mailed to: a. The property’s owner of record; and b. Any other individual designated to receive notice in the owner’s license or permit records; and 5. Be posted on the property. ---PAGE BREAK--- Millcreek Code Update Accessory Dwelling Unit Standards I 410 D. Appeals. A property owner who receives a written notice of violation or a written notice of lien may file an appeal in accordance with MKZ 18.15, Land Use Application Steps. 1. If the owner of property files a written objection to a notice of violation, the City may not record a lien until a hearing is held to determine that the specific violation occurred. 2. If the City determines at the hearing that the specific violation has occurred, it may impose a lien in an amount of up to $100 for each day of violation after the expiration of the opportunity to cure the violation, regardless of whether the hearing is held after that day. 3. If the property owner cures a violation within the time period prescribed in the written notice of violation, the City may not hold a lien against the property, or impose any penalty or fee on the owner, for the specific violation described in the written notice of violation. E. Upon issuing a permit or business license for an ADU, the City may record a notice in the Salt Lake County Recorder’s office. Upon recording a notice, the City shall deliver a copy of the notice to the property owner via First Class Mail. The notice shall include: 1. A description of the primary dwelling; 2. A statement that the primary dwelling contains an ADU; and 3. A statement that the ADU may only be used in accordance with City ordinances. 18.71.130 Existing Buildings A. Existing buildings in Millcreek that were permitted prior to September 17, 2021, that are intended to be used as an ADU and cannot satisfy the standards set forth in this chapter must file an application to have a structure declared a noncomplying structure and then follow the application process for a Nonconformities Determination as set forth in MKZ 18.15.040 and MKZ 18.60.080 to have the use legally established. A property with an existing guest house does not qualify for an additional detached ADU. By definition, a guest house may not be rented out or leased. If a property owner wants to convert a guest house to a detached ADU the property owner must follow all applicable processes and design requirements for detached ADUs. B. Attached Accessory Dwelling Unit Conversions 1. A portion of a building attached to the primary dwelling that is noncomplying and was legally established as determined under MKZ 18.61, Nonconformities, may be converted or expanded for the purpose of converting or enlarged for the purpose of converting, into an ADU upon permit authorized by the Land Use Hearing Office provided that the Land Use Hearing Officer shall find that: ---PAGE BREAK--- Millcreek Code Update Accessory Dwelling Unit Standards I 411 a. The primary dwelling, or portion thereof, is no less than three feet feet from the side and rear property lines; b. The attached ADU does not have a light source projecting onto the abutting properties; c. The attached ADU does not have any balconies, porches, or windows facing abuttingproperty owners, unless facing a RM or C zoned property; d. The attached ADU does not protrude higher than the height of the existing nonconforming structure being expanded. e. The attached ADU can accommodate all required parking on the property, and does not violate the required off-street parking standards, including the parking requirements of this title. C. Detached Accessory Dwelling Unit Conversions 1. A detached building that complies with all applicable height, building envelope, setback, and property coverage requirements may be converted, or expanded for the purpose of converting, or enlarged for the purpose of converting, to an ADU, provided the existing setbacks of the detached building are not further reduced and the structure complies with or can be altered to comply with the applicable sections of the adopted building and fire codes of the City. 2. A detached building, that is noncomplying and was legally established as determined under this chapter may be converted, or expanded for the purpose of converting, or enlarged for the purpose of converting, to an ADU upon permit authorized by the Land Use Hearing Office provided that the Land Use Hearing Officer shall find: a. The side or rear setbacks of the detached building are not further reduced to accommodate the ADU; b. The detached building does not have a light source projecting onto an abutting property; c. The facade of the detached building located within five feet and facing an abutting property line, does not have any balconies, porches, landings, stairs, doors, or windows; d. For properties with rear yards that are located next to an RM or C Zone, the detached building does not exceed twenty four feet (24’) in height; e. For all properties, located adjacent to a residential zone orresidential use, the detached building does not protrude higher than the measured height of the existing noncomplying structure being expanded; ---PAGE BREAK--- Millcreek Code Update Building Height I 412 f. Does not create any new visual impacts that a fence or wall cannot otherwise mirtigate; g. The detached ADU can accommodate all required parking on the property, and does not violate or diminish the required off-street parking standards, including the parking requirements of this title; h. Does not violate applicable standards and regulations outlined in the applicable governing zoning district; i. Structure or proposed expansion of the structure is not within any recorded easement; j. Does not result in runoff or drainage from the accessory building onto an adjacent property; k. The detached building shall satisfies all other requirements of MKZ 18.71.090, except as provided otherwise in this section; and l. Meets the applicable sections of the adopted building and fire codes of the City. D. Conditions and Limitations for Land Use Hearing Officer Permits for ADU Conversions. The Land Use Hearing Officer may impose conditions and limitations upon issuance of a permit for an addition to, enlargement of, moving of, or reconstruction of a structure as necessary to prevent or mitigate adverse effects on other properties located in the neighborhood of the subject property, consistent with the standards of this Title. 18.72 Building Height 18.72.010 Purpose The purpose of this Chapter is to determine how building and structure height is measured and how it is applied. 18.72.020 Applicability This Chapter is applicable to buildings and structures in all zones throughout Millcreek, except for fences and walls. Measurement of fences and walls is set forth in MKZ 18.66.090. The maximum allowed height of projections as described in MKZ 18.72.040 may be further limited by the standards in the underlying zone. 18.72.030 Measurement of Building Height A. The height of a building is measured as the vertical distance above the lowest original grade at any point on the perimeter of the building to the highest point. B. The highest point includes the coping of a flat roof, or to the deck line of a mansard roof, or to the highest point of pitched or hipped roofs, or gambrel roofs. ---PAGE BREAK--- Millcreek Code Update Building Height I 413 C. Buildings may be stepped to accommodate the slope of the terrain provided that each step shall be at least 12 feet in horizontal dimension. The height of each stepped building segment shall be measured as required in Subsection A. Figure 18.72.1, Measurement of Height D. The original grade is the elevation of the ground surface in its natural state before any human- caused alterations including but not limited to grading, excavation or filling, excluding improvements required by zoning or subdivision ordinances. When the elevation of the original ground surface is not readily apparent, the Planning Director shall determine the elevation of original grade using one of the following methods: 1. The original grade established related to the most recent building permit activity on the property. 2. Referencing original grade where the developed area appears to satisfy the undeveloped portions of the land. The estimated grade shall tie into the elevation and slopes of adjoining properties, measured along the side property lines from the front property line to the rear property line, measured in fifty-foot (50’) intervals, without creating a need for new retaining wall, abrupt differences in the visual slope and elevation of the land or redirecting the flow of runoff water. Original grade is the average of the elevations measured at the side property lines at each interval line. ---PAGE BREAK--- Millcreek Code Update Historic Preservation I 414 18.72.040 Height Projection Allowances A. For multiple-household dwellings, mixed use buildings, and any building housing a non- residential use located in an RM, MD, MD-3, C-1, C, M, IF, CCOZ, or VCSD Zone, roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, steeples, flagpoles, chimneys, smokestacks, water tanks, wireless or television masts, theater lofts, silos, or similar structures, may be erected above the height limits prescribed in this title, but no space above the height limit shall be allowed for the purpose of providing additional floor space. No structures identified above except towers, stairways and elevators, fire or parapet walls, and solar panels, may be located nearer than 10 feet to the edge of the building. B. Public or semipublic utility buildings, when authorized in a zone, may be erected to a height not exceeding 40 feet if the building is set back from each otherwise established building line at least one foot for each additional foot of building height above the normal height limit required for the zone in which the building is erected. 18.72.050 Certification and Verification of Building Heights A. Prior to being issued a building permit, the applicant shall certify on a form provided by the City that the building or structure complies with all applicable height requirements. B. Prior to being issued a Certificate of Occupancy, the building official or designee shall verify that the building or structure complies with all applicable height requirements. As part of the verification, the building official or designee may require the applicant to supply an elevation certificate prepared by a professional surveyor on a form approved by the City prior to receiving approval for a footing or foundation. If, during inspection, the City determines that a building or structure does not comply with all applicable height requirements, it is the responsibility of the applicant to modify the building or structure to ensure compliance with all applicable height requirements prior to being issued a Certificate of Occupancy. 18.73 Historic Preservation 18.73.010 Purpose A. Millcreek recognizes that the historical heritage of the community is among its most valued and important assets. It is the intent of the City to identify, preserve, protect, and enhance historic neighborhoods, buildings, sites, monuments, streetscapes and landmarks within the City deemed architecturally or historically significant. By protecting such historically significant sites and structures, they will be preserved for the use, observation, education, pleasure, and general welfare of the present and future residents of the city. ---PAGE BREAK--- Millcreek Code Update Historic Preservation I 415 18.73.020 Applicability A. Any property designated as a Historic Site or District shall be subject to this section. B. Each of the following structures and sites in the City is a Historic Site: 1. Gardner Home and Mill Site, 1475 Murphy's Lane, Millcreek. 2. Edward Pugh Home, 1299 East 4500 South, Millcreek. 3. Butler House, 1045 East 4500 South, Millcreek. 4. Mill Creek Farmhouse, 1106 East 4500 South, Millcreek C. Each of the following districts in the City is a Historic District: 1. Evergreen Avenue Historic District as listed on the National Register of Historic places in 2007. 18.73.030 Amendments. A. The Council may amend the above list of Historic Sites and Districts, including designating additional Historic Sites, Structures, and Districts after review and recommendation by the Historic Preservation Commission and Planning Commission. 18.73.040 Historic Preservation Commission Establishment of the Historic Preservation Commission. There is hereby created a commission to be known as the Millcreek Historic Preservation Commission. 1. The Historic Preservation Commission shall be composed of seven members. Members of the Historic Preservation Commission shall consist of those individuals appointed by the mayor with the advice and consent of the Council and may be removed by the mayor with the advice and consent of the Council. All members of the Historic Preservation Commission shall be bona fide residents of Millcreek 2. Members of the Committee shall serve for a term as set forth in their appointment and may serve successive terms. Vacancies may be filled by the mayor with the advice and consent of the Council for a term as set forth in the appointment; however, it is understood that the membership of the Committee may fluctuate. Members of the Committee shall serve without compensation. 3. It is the intent of the Millcreek City Council that the Historic Preservation Commission represent the interests of the community as a whole; that the membership of the historic preservation commission provides balanced representation in terms of geographic, professional, neighborhood, and community interests. 4. All members of the Historic Preservation Commission shall be bona fide residents of Millcreek. ---PAGE BREAK--- Millcreek Code Update Historic Preservation I 416 B. Terms and Organization of the Historic Preservation Commission 1. Each member of the Commission shall be appointed by the mayor with the advice and consent of the City Council. 2. One member shall be chosen from each of the four Council districts within Millcreek and three shall be chosen at large. 3. To the extent available in the community, at least two members of the Commission shall be professionals in fields related to historic preservation history, architectural history, archaeology, historic architecture, or planning). 4. Commission members shall serve for a term of four years and until their successor is appointed. 5. The terms of the members shall be staggered such that the term of four members shall expire on January 31st of the year when the mayor takes office, and the terms of the other three members shall expire two years later on January 31st. New members shall be appointed as soon as possible following the expiration of term. 6. The mayor may remove any member of the Historic Preservation Commission for cause, with the advice and consent of the Council. Vacancies shall be filled in the same manner as the original appointment for the remainder of the unexpired term. 7. In the event that the Council are unable to find someone from one of the four Council districts to be appointed as a Historic Preservation Commissioner, a person may be chosen from any of the other districts. C. Power and Duties of the Historic Preservation Commission. The Historic Preservation Commission shall have the following duties: 1. Review and issue recommendation on Conditional Use Permits associated with alteration of a historic site or structure on the Historic Landmarks List. 2. Issue Certifications of Historical Appropriateness (COA). 3. Conduct research and collect information on the history of Millcreek, including the establishment of a repository for important documents, artifacts and other items of historical significance. 4. Provide a written history of Millcreek, as well as an historical program which outlines Millcreek’s history for various age groups in the community. This may include, but not be limited to, the use of written summaries of history, visual exhibits, video tapes, displays, and other media. 5. Increase the awareness of Millcreek’s history through the commemoration of historical events. 6. Designate entries on the National Register of Historic Sites in Utah and recommend to the State Historic Preservation Officer nominations for the ---PAGE BREAK--- Millcreek Code Update Historic Preservation I 417 National Register of Historic places, utilizing the criteria for evaluation from the National Register. 7. Attend at least one informational or educational meeting each year, sponsored by the State Historic Preservation Office, pertaining to the work and functions of the Commission or to historic preservation. 8. Submit an annual report of the activities of the Commission to the State Historic Preservation Office and to the City Council. 9. Review all proposed National Register nominations for properties within the boundaries of the City. 10. Conduct or cause to be conducted a survey of cultural resources in the City which in form and content will be compatible to the Utah inventory of historic and archaeological sites. 11. Act in an advisory role to other officials and departments of the City regarding the protection of local cultural resources and shall act as a liaison on behalf of the City to individuals and organizations within the City concerned with historic preservation. 12. Support the enforcement of all state and local legislation relating to historic preservation. 18.73.050 Historic Preservation Commission Meetings and Notification A. The Historic Preservation Commission shall provide for adequate public participation in the historic preservation programs, including the process of recommending properties for nomination to the National Register. B. Commission meetings shall occur at regular intervals, and at least twice a year. C. Minutes of all meetings shall comply with the requirements of Utah Code Section 52-4-203 D. The Historic Preservation Commission may organize committees; adopt administrative rules, bylaws and procedures necessary to accomplish its purpose. Such rules, bylaws and procedures shall be submitted to the Council for approved before taking effect. 18.73.060 Historic Landmarks List A. Created. There is hereby created a Millcreek Historic Sites and Districts List (the “list”), which shall serve as a means of providing recognition to and encouraging the preservation of historic resources in the City. The list shall be prepared and maintained by the Historic Preservation Commission and filed with the City recorder’s office and incorporated into the applicability section of this Chapter. Owners of property where historic sites and districts are found shall be notified by the city recorder’s office that a site found on the owner’s property has been included on the list. B. Contents. The list shall describe each historic resource included therein, the date or approximate date of its construction, the date during which its historic significance was ---PAGE BREAK--- Millcreek Code Update Historic Preservation I 418 established, the reason for including it on the list, and the names and addresses of the current owners as shown on the records of the Salt Lake County Recorder. C. Criteria. The Historic Preservation Commission may designate any neighborhood, building, structure, object, site or district to the list as a historic resource in accordance with the procedures set forth herein if it is determined by the Historic Preservation Commission that the historic resource satisfies all the following criteria: 1. It is located within the official boundaries of the City; 2. It is at least 50 years old; and 3. There are no major alterations or additions that have obscured or destroyed the historic significance. D. Notification. The owners of the items under consideration for inclusion on the list shall be notified in writing either by certified mail or hand delivery of the proposed action to designate the historic resource to the list and shall be invited to attend the historic preservation commission meeting in which the designation will be discussed. Said notification shall be provided as described herein not less than 14 days prior to the date of the Historic Preservation Commission meeting in which the designation will be discussed. E. Designation Procedures. The Historic Preservation Commission is charged with designating properties to list, and to maintain the same. The list shall reference any research related to the historic resource and a copy of the list shall be kept in the Historic Preservation Commission’s historic sites files. The historic sites files shall be open to the public in accordance with the Utah Governmental Records Access and Management Act. This list shall be reviewed, and historic resources shall be added or deleted as appropriate on, at minimum, a yearly basis by the historic preservation commission. The list should include historic resources located within the City that satisfy the minimum requirements set forth below: 1. The historic resource is rated an or on a professional reconnaissance level survey; 2. The historic resource is deemed or by the Historic Preservation Commission (for properties outside of a surveyed area); 3. An historic resource that does not satisfy the or criteria established by the National Register of Historic Places may nonetheless be included if it is of exceptional importance to Millcreek’s history; or 4. Any historic resource that has undergone major alterations or has been destroyed may be identified by markers may be placed on the original site of the historic resource with City Council approval; and 5. The designation under consideration is not objected to by the owner of the historic resource. F. Certificate. The owner of an officially designated historic resource may obtain an historic site certificate from the Historic Preservation Commission. The certificate shall contain the historic ---PAGE BREAK--- Millcreek Code Update Historic Preservation I 419 name of the property, the date of designation, and signatures of the mayor and the Historic Preservation Commission chairperson. G. Removal or Properties from the List. 1. If, after review and consideration by the Historic Preservation Commission, it is determined that a historic resource no longer satisfies the criteria for listing, the Historic Preservation Commission may remove the historic resource from the list. 2. A property owner of a historic resource may request removal of the historic resource from the list by submitting a request in writing to the City recorder’s office, who shall notify the Historic Preservation Commission of the written request. a. The Historic Preservation Commission shall remove an historic resource from the list within 10 calendar days following the City Recorder’s receipt of a written request. b. The Historic Preservation Commission shall use reasonable efforts to document the historic resource prior to its removal from the list. H. Alteration, Relocation, and Demolition Process. A Conditional Use Permit is required for any modifications to a historic site or structure on the Historic Landmarks List, including modifications to the landscaping, fencing or appearance of any lot or parcel, or demolition, construction, alteration, relocation, improvement, or conversion of a historic site. 1. Applications for a Conditional Use Permit on a historic site shall be made in the manner and subject to the procedures and requirements set forth in MKZ 18.16, Specific Procedures by Application Category. 2. The Historic Preservation Commission shall make a recommendation on all Conditional Use Permits for modification to a historic site or structure. 3. To the extent that the requirements of this chapter and MKZ 18.16 are inconsistent, the requirements of this chapter shall prevail. 4. Alteration, Relocation, and Demolition Review Criteria a. The Planning Commission shall not approve a Conditional Use Permit for a historic site which would be contrary to the purposes of this chapter by adversely affecting the architectural significance, the historical appearance, or the educational and historical value of the site unless all the following conditions have been met: ---PAGE BREAK--- Millcreek Code Update Historic Preservation I 420 The application satisfies the requirements for a conditional use permit set forth in MKZ 18.16.030; The application satisfies all the requirements of the base zone in which the property is located; The application has been pending before the planning commission for a period of at least one year. I. Documentation prior to Demolition. If a historic resource is approved to be demolished or undergo major alterations, efforts shall be made by the Historic Preservation Commission to document its physical appearance before that action takes place. 1. The City shall delay issuing a demolition permit for a maximum of 10 business days and shall notify a member of the Historic Preservation Commission, who will take responsibility for the documentation. 2. Documentation shall include, at a minimum, exterior photographs of all elevations of the historic resource. When possible, both exterior and interior measurements of the building will be made in order to provide an accurate floor plan drawing of the building. 3. A demolition permit shall be issued after the ten (10) calendar day delay from the initial date of permit application whether or not the Historic Preservation Commission has documented the building. The permit may be issued earlier if the Historic Preservation Commission has completed its documentation. 4. Documentation shall be kept in the Historic Preservation Commission’s historic sites files, which shall be open to the public in accordance with the Utah Government Records Access and Management Act. 18.73.070 Site Modification A. The Planning Commission may modify all yard, parking, landscaping, height and other requirements of the base zone, as necessary to fulfill the purpose of this chapter. In so doing, the nature and character of adjacent properties shall be considered to ensure that the health, safety, convenience and general welfare will not be impaired. The Planning Commission may establish development criteria to reasonably mitigate reasonably anticipated detrimental effects associated with a permitted or conditional use in the base zone, including, but not limited to, noise, glare, dust or odor. B. When, by reason of unusual circumstance, the strict application of any provision of this section would result in exceptional practical difficulty or undue economic hardship upon any owner of a historic resource, the City Council, with recommendation from the Historic Preservation Commission, shall have the power to modify strict provisions, so as to relieve such difficulty or hardship; provided, such modifications or interpretations shall remain in harmony with the general purpose and intent of said provisions, so that the architectural or historical integrity, or ---PAGE BREAK--- Millcreek Code Update Historic Preservation I 421 character of the historic resource, shall be conserved and substantial justice done. In granting modifications, the City Council, with or without recommendation from the Historic Preservation Commission, may impose such reasonable and additional stipulations and conditions as will, in its judgment, best fulfill the purpose of this chapter. Undue hardship shall not include a situation of the person’s own making. 18.73.080 Historic Landmarks Register A. Criteria. There is hereby created a Millcreek Historic Landmarks Register (the “register”), which shall provide further recognition of significant historic resources; provide protection for historic resources as set forth in this chapter; and may qualify owners of historic resources to special assistance from the City as may be determined by the City Council in its sole discretion. 1. The register shall be prepared and maintained by the Historic Preservation Commission in accordance with the provisions set forth in this chapter. 2. A notice of listing shall be filed for each property listed on the register with the City and recorded in the office of the Salt Lake County Recorder. 3. Owners of property where historic landmarks are found shall be notified by the City Recorder’s office that a landmark found on the owner’s property has been included on the register. B. Contents. The register shall describe each historic resource, the date or approximate date of its construction, the date during which its historic significance was established, the qualifications for including it on the register, and the name and address of the current owner of the property as shown on the records of the Salt Lake County Recorder. C. Criteria. Any historic resource may be designated to the register in accordance with the procedures set forth herein if it satisfies all the criteria set forth below: 1. The historic resource is located within the corporate boundaries of Millcreek; 2. The historic resource is currently listed in the National Register of Historic Places (the “National Register”), or it has been officially determined eligible for listing in the National Register under the criteria of 36 C.F.R. 60.4, as amended. 3. The historic resource shall also satisfy at least two of the following criteria: a. It is an easily identifiable visual feature of its neighborhood or the City because of its positioning, location, age, scale or style, and it contributes to the distinctive quality or identity of its area in such a way that its absence would negatively affect the area’s sense of place; b. It figures importantly into Millcreek’s founding or development through its uses, especially public uses; c. It is associated with persons significant in the founding or development of Millcreek, especially the earliest settler families (1847 – 1900); ---PAGE BREAK--- Millcreek Code Update Historic Preservation I 422 d. It is associated with events that have made a significant contribution to the founding or development of Millcreek; e. It illustrates an important architectural form, style, or building technique, especially as an example of “local vernacular” single- and two-story rock/adobe homes; simple brick Victorians) or as a singular example of form, style, or technique within the City; f. It has been used as a way-finding landmark for at least 50 years; or g. It has yielded, or may be likely to yield, information important in prehistory or history archaeological sites). D. If a historic resource does not satisfy at least two of the criteria of subsection of this section but is of exceptional importance to Millcreek’s history and the owner of the property wishes to have it designated as a historic resource on the register, the Historic Preservation Commission may review the request and, if deemed suitably significant, may recommend to the City Council that the historic resource be added to the register. E. Notification. The owner of the historic resource shall be notified in writing either by certified mail or hand delivery of proposed action to designate the historic resource to the register and shall be invited to attend the Historic Preservation Commission meeting in which the designation will be discussed. F. Designation Procedures. Official designation proceedings shall begin with submittal of a written request for designation by either the property owner or a member of the Historic Preservation Commission. The request shall identify the property by its address and historic name, give the date the property was listed in the National Register or officially determined eligible, and include a statement summarizing the property’s significance to the City. This official request may be preceded by informal contacts with the property owner by Historic Preservation Commission members, private citizens, local officials, or others regarding designation of the property. 1. Upon written request for designation, the Historic Preservation Commission chairperson shall arrange for the designation to be considered at the next Historic Preservation Commission meeting, which shall be held at a time not to exceed 30 days from the date the designation request was received. 2. A decision by the Historic Preservation Commission shall be based on whether the property satisfies the criteria for designating properties to the register as set forth in subsection B.2.c of this section. The Historic Preservation Commission shall forward its recommendation in writing to the City Council within 14 days of the decision. 3. The City Council may, by adoption of an appropriate resolution, designate a historic resource to the register. The owner of the historic resource shall be notified at least three days prior to the City Council meeting at which the ordinance will be considered and shall be allowed to address the council with ---PAGE BREAK--- Millcreek Code Update Historic Preservation I 423 regard to the designation. Following designation, a notice of such shall be mailed to the owners of record. 4. A historic resource which, in the opinion of the Historic Preservation Commission, no longer satisfies the criteria for eligibility may be removed from the register after review and recommendation by the Historic Preservation Commission and the adoption of an appropriate ordinance by the City Council. 5. Upon official adoption of a designating or removal ordinance, the Historic Preservation Commission shall record proper notice with both the City Recorder’s office and the County Recorder’s office to indicate such designation or removal on the official records thereof. G. Result of Designation. An owner of a historic resource listed on the register may seek assistance from the Historic Preservation Commission in applying for grants or tax credits for rehabilitating the owner’s properties. H. Alteration, Relocation, and Demolition Process. Proposed repairs, alterations, additions, relocation or demolitions to historic resources listed on the register requiring a building permit are subject to review by the Historic Preservation Commission and shall receive a “Certificate of Historic Appropriateness” prior to issuance of a building permit. The purpose of this review is to ensure the preservation of historic resources to the greatest extent reasonably possible. 1. Any application for a building permit pertaining to a historic resource designated on the register shall be forwarded by the Planning Director to the Historic Preservation Commission for its determination prior to the issuance of the requested permit. a. At its next scheduled meeting, the Historic Preservation Commission shall review the application and proposed work for compliance using the United States Secretary of the Interior’s Standards for Rehabilitation, in effect at the time of the scheduled meeting. b. The Historic Preservation Commission’s determination shall be forwarded within three days to the Planning Director for review. c. If the Historic Preservation Commission denies or requires significant revisions to a permit application, the determination shall indicate the specific standards on which the decision of the Historic Preservation commission is based and, where appropriate, shall provide a brief explanation setting forth the reasons for the determination. Copies of the determination shall be forwarded by the Planning Director to the property owner. d. The Planning Director shall, upon receipt of the Historic Preservation Commission’s determination, process the permit as set forth in this section. Projects which, as determined by the Historic Preservation ---PAGE BREAK--- Millcreek Code Update Historic Preservation I 424 Commission, are consistent with the standards shall be issued a Certificate of Historical Appropriateness which authorizes the building permit to be issued upon compliance with all other applicable requirements of this title or any other applicable ordinance. e. An applicant whose submittal does not comply with the standards may, for a period of sixty (60) days, meet with the Historic Preservation Commission, together with the Planning Director, to explore means for proper repair, alteration or addition to the historical resource which are consistent with the standards, which may include the following: Feasibility of modifications to the plans; Feasibility of alternative uses of the historic resource; Feasibility of acquiring easements and/or variances; Feasibility of acquiring financial or other forms of assistance from preservation organizations. f. If no approval is granted within the initial sixty (60) days, the Historic Preservation Commission may grant an extension of an additional sixty (60) days. If no approval is granted at the conclusion of one hundred twenty (120) days, the Certificate of Historic Appropriateness shall be denied if the standards for rehabilitation cannot be satisfied and the requested building permit shall not be issued by the Planning Director until the historic resource is removed from the register or list, following documentation of the historic resource described in this chapter. I. Alteration, Relocation, and Demolition Review Criteria. A decision by the Historic Preservation Commission approving or denying a Certificate of Historic Appropriateness for the relocation of a historic resource shall be guided by the following criteria: 1. How the historic character and aesthetic interest of the historic resource contributes to its present setting; 2. Whether there are definite plans for the area to be vacated and what the effect of those plans on the character of the surrounding area will be; 3. Whether the historic resource can be relocated without significant damage to its physical integrity; and 4. Whether the proposed relocation area is compatible with the historical and architectural character of the historic resource. J. A decision by the Historic Preservation Commission approving or denying a Certificate of Historic Appropriateness for the demolition of a historic resource listed on the register shall be guided by the following criteria: 1. The historic, scenic or architectural significance of the historic resource; ---PAGE BREAK--- Millcreek Code Update Historic Preservation I 425 2. The importance of the resource to the character of the neighborhood or city; 3. The difficulty or the impossibility of reproducing the historic resource because of its design, texture, material, detail, or unique location; 4. Whether the historic resource is one of the last remaining examples of its kind in the neighborhood or City; 5. Whether there are definite plans for use of the property if the proposed demolition is carried out, and what the effect of those plans on the character of the surrounding area would be; 6. Whether reasonable measures can be taken to save the historic resource from deterioration or collapse; and 7. Whether the historic resource is capable of being used to earn a reasonable economic return on its value. K. A Certificate of Historical Appropriateness shall become void unless construction authorized by a building permit is commenced within 180 days after issuance of the certificate. L. Ordinary maintenance and repair of any exterior architectural or environmental feature in or on a historic resource to correct deterioration, decay, or to sustain the existing form, and that does not involve a material change in design, material or outer appearance thereof, does not require a Certificate of Historic Appropriateness. M. An owner of a historic resource listed on the register shall not allow any building to deteriorate by failing to provide ordinary maintenance or repair. The Historic Preservation Commission shall be charged with the following responsibilities regarding deterioration by neglect: 1. The Historic Preservation Commission shall monitor the condition of historic resources to determine if any historic resource is being allowed to deteriorate by neglect. Conditions such as broken windows, doors and exterior openings which allow the elements to enter or otherwise become an attractive nuisance, or the deterioration of a historic resource’s structural system shall constitute failure to provide ordinary maintenance or repair. 2. In the event the Historic Preservation Commission determines there is a failure to provide ordinary maintenance or repair, the historic preservation commission shall notify the owner of the historic resource and set forth the steps which need to be taken to remedy the situation. The owner of the historic resource shall have 30 days to make necessary repairs. 3. In the event that the condition is not remedied in 30 days, the historic preservation commission may remove the historic resource from the register. This section shall not be construed as a limitation to other enforcement actions which may be undertaken by Millcreek in accordance with other statutes or ordinances. N. When, by reason of unusual circumstance, the strict application of any provision of this section would result in exceptional practical difficulty or undue economic hardship upon any owner of ---PAGE BREAK--- Millcreek Code Update Historic Preservation I 426 a historic resource, the City Council, with recommendation from the Historic Preservation Commission, shall have the power to modify strict provisions, so as to relieve such difficulty or hardship; provided, such modifications or interpretations shall remain in harmony with the general purpose and intent of said provisions, so that the architectural or historical integrity, or character of the historic resource, shall be conserved and substantial justice done. In granting modifications, the City Council, with or without recommendation from the Historic Preservation Commission, may impose such reasonable and additional stipulations and conditions as will, in its judgment, best fulfill the purpose of this chapter. Undue hardship shall not include a situation of the person’s own making. O. A person who alleges that action by the Historic Preservation Commission or the City will result in an unconstitutional taking of property may request a review thereof as provided in Millcreek Municipal City Code. 18.73.090 Standards for Rehabilitation. A. The following standards for rehabilitation shall be used when determining the historic appropriateness of any application pertaining to a historic resource: 1. A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment. 2. The historic character of a property shall be retained and preserved. The removal of historic materials or alterations of features and spaces that characterize a property shall be avoided. 3. Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken. 4. Most properties change over time; those changes that have acquired historical significance shall be retained and preserved. 5. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a historic property shall be preserved. 6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence. 7. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible. ---PAGE BREAK--- Millcreek Code Update Historic Preservation I 427 8. Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken. 9. New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. 10. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. 18.73.100 General Design Guidelines. A. These Guidelines expand on some of the concepts articulated in the Standards for Rehabilitation in the previous section. 1. Avoid demolition of historic and contributing buildings. They are finite resources and cannot be replaced. 2. Vacant buildings should be weather- and vandal-proofed in order to minimize further deterioration and the threat of public safety. 3. Rehabilitation work, especially on the exterior and the principal façade, should preserve existing historic features or replace them. If absolutely necessary, with features and materials known to have existed on the building. Avoid “dressing up” buildings by adding features on speculation. 4. Avoid moving buildings whenever possible, especially to create artificial groupings of historic buildings. If buildings must be removed, the new site should be similar to the original site, and the original setback and orientation of the building on the lot or parcel should be replicated. 18.73.110 Additions to Historic Buildings and New Construction Within an Historic District. A. New additions to historic buildings should be subordinate to the original building, that is, lower in height, attached to the rear or set back along the side, and subordinate in scale and architectural detailing. B. Height, width, setback, roof shape, and the overall scale and massing of new buildings within a historic district should be compatible with surrounding historic buildings and the overall streetscape. C. Materials on at least the primary façade(s) should be similar to the original materials on facades of surrounding historic buildings (usually brick, stucco, stone, or wood siding, depending on the specific characteristics of the district). ---PAGE BREAK--- Millcreek Code Update Historic Preservation I 428 D. Architectural details (including wood or metal trim, porches, cornices, arches, window and door features, etc.) should be compatible with but not replicable historic features on surrounding historic buildings. E. Window and door openings should be similar in size and orientation (vertical or horizontal) to openings on historic buildings and should take up about the same percentage of the overall façade as those on surrounding historic buildings. F. Proportion to Principal Facades. The relationship of the width to the height of the principal buildings shall be in scale with surrounding structures and streetscape. Wider new buildings can be divided into segments that more closely resemble the façade widths of historic buildings. G. Roof Shape. The roof shape of a building shall be visually compatible with the surrounding structures and streetscapes. Unusual roof shapes, pitches, and colors are discouraged. 18.73.120 Enforcement. A. Failure to Comply. Failure to follow the procedure for acquiring a Conditional Use Permit or a Certificate of Historical Appropriateness may result in the Planning Director issuing a stop- work order while a review is conducted. The review will determine if revocation of a conditional use permit granted for a use associated with the historic resource, revocation of building permits and/or other penalty fines are necessary as set forth in MKZ 18.03. B. Failure to follow the procedure set forth in this chapter for acquiring a Conditional Use Permit or Certificate of Historic Appropriateness may result in removal of the historic resource from the register and the National Register, thus rendering the property ineligible for federal, state, and city tax credits, grant and loan programs. C. In addition, if the historic resource has received land use entitlements as a result of its placement on the register, the City may consider the revocation of such entitlements and/or the acceleration of any debt issued by the City as part of a program of historic preservation/rehabilitation consistent with applicable law. D. Any demolition or alteration, or whole destruction of locally-designated historic landmark site or structure, and their character defining features, without prior approval as set forth this chapter shall result in a seven year clouding of the property title limiting development on the site and the greater of twenty percent (20%) of the prior year’s assessed tax value of the demolished property, or $5,000. 18.73.130 Appeals Any person adversely affected by any final decision of the Historic Preservation Officer or the Planning Director in the administration of this chapter may appeal such decision to the Land Use Hearing Officer in accordance with MKZ 18.05, Appeals. ---PAGE BREAK--- Millcreek Code Update Residential Facilities for Persons with a Disability I 429 18.73.140 Interpretation of Chapter This chapter does not guarantee the right of any person, firm or corporation to any provision of this chapter. 18.74 Residential Facilities for Persons with a Disability 18.74.010 Purpose The purpose of this chapter is to: A. Balance local zoning considerations with state and federal mandates including those that may require a reasonable accommodation for disabled persons living together in a group housing arrangement in a residential neighborhood. B. Avoid discrimination in housing against persons with disabilities as provided in the Utah Fair Housing Act and the federal Fair Housing Act, as amended, as interpreted by the courts having jurisdiction over the city. 18.74.020 Applicability The requirements of this chapter apply to any facility, residence, group home or other congregate housing arrangement for persons with a disability notwithstanding any conflicting provision in this title or any other section of this Code. 18.74.030 Licensing For Residential Facilities Residential Facilities for Persons with a Disability require a license or certification by the Utah Department of Health and Human Services as a Human Services Program or Facility, or as a Health Facility, and is subject to the requirements as set forth in Utah Code Ann. §26B-2-1-101 and the Utah Administrative Code. 18.74.040 Uses and Requests for a Reasonable Accommodation Determination A. Subject to the provisions of this chapter, and notwithstanding any contrary provision of this title, a residential facility for persons with a disability shall be a permitted use in any zone where similar residential dwellings that are not residential facilities for persons with a disability are allowed. A residential facility for persons with a disability that would likely create a fundamental change in the character of the neighborhood may be excluded from a zoning area. A residential facility for persons with a disability shall be a permitted use in any zoning district where a dwelling is allowed, subject to the occupancy limits established for the relevant zone. B. No Permit Required. Four or less unrelated individuals who share housekeeping responsibilities in a single dwelling do not require a zoning permit but function as a "family," as set forth in MKZ 18.94, Definitions. ---PAGE BREAK--- Millcreek Code Update Residential Facilities for Persons with a Disability I 430 C. Notice of Intent. Prior to submitting an application to the Utah Department of Health and Human Services for a license to operate a Residential Facility for Persons With a Disability, and prior to submitting an application for a Permitted Use Approval for a Residential Facility for Persons With a Disability with the city, the applicant shall provide notice to the Mayor, of its intent to operate a Residential Facility for Persons With a Disability. The Notice of Intent shall include the following information relating to the Residential Facility for Persons With a Disability: 1. An accurate description of the Residential Facility for Persons With a Disability; 2. The location where the Residential Facility for Persons With a Disability will be located; e location where the Residential Facility for Persons With a Disability will be located; 3. The services that will be provided by the Residential Facility for Persons With a Disability; 4. The type of clients that the Residential Facility for Persons With a Disability will serve; 5. The category of license for which the Residential Facility for Persons With a Disability is applying; 6. The name, telephone number, and address of a person that may be contacted to make inquiries about the Residential Facility for Persons With a Disability; and 7. Any other information that the Utah Department of Health and Human Services may require by administrative rule. D. The Planning Director, with the assistance of the City Attorney, shall consider requests for a permitted use/reasonable accommodation determination for a residential facility for persons with a disability ("facility"). An application for a Reasonable Accommodation determination for Residential Facilities for Persons with a Disability must be submitted following the procedure as set forth in MKZ 18.15.030 The Planning Director shall approve a complete application for a land use permit for the facility in any zone, including residential zones where only single household dwellings are a permitted use, provided: 1. The facility meets or will meet all program, physical facility, and licensure requirements of the state department of human services and/or department of health. 2. Except as otherwise provided in this chapter, buildings and uses shall meet all applicable City development standards, licensing and zoning requirements, unless a reasonable accommodation is requested. 3. The facility shall not house persons who are involuntarily residing therein or who are residing therein as a part of or in lieu of confinement, rehabilitation, or treatment in a correctional facility. ---PAGE BREAK--- Millcreek Code Update Residential Facilities for Persons with a Disability I 431 4. The facility not be made available to or occupied by any person whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others. 5. The facility, if located in residential zone, shall be capable of use as a facility without structural or landscaping alterations that would change the structure's residential character or appearance. Any new or remodeled structure constructed for use as a facility shall be of a size, scale and design that is in harmony with other residential uses in vicinity and shall not create a fundamental change in the residential character of the neighborhood in which it is proposed to be located. E. Procedure. An application for a Reasonable Accommodation Determination shall follow the application procedure as set forth in MKZ 18.15.030 As part of a Permitted Use Approval for Residential Facilities for Persons With a Disability, the City shall conduct an inspection of the building and property for which a Permitted Use Approval is sought, prior to issuing a Site Plan Approval. F. Institutional Uses. Consistent with the International Building Code, residential facilities designed to house more than sixteen individuals constitute "institutional facilities" that are likely to change the character of a single household residential neighborhood. The only residential zone where an application for an institution serving more than sixteen residents may be approved is in a zone that allows multi-household dwellings as a conditional or permitted use. G. Parking. Parking for a Residential Facility for Persons with a Disability shall follow the standards as set forth in MKZ 18.59.030. 18.74.050 Reasonable Accommodation A. None of the requirements of this chapter shall be interpreted to limit any reasonable accommodation necessary to allow the establishment or occupancy of a Residential Facility for Persons with a Disability; provided, however, that an accommodation cannot be granted to waive a material zoning requirement (such as lot coverage, parking, setback or height standards), as reasonably determined by the Planning Director; to diminish the required spacing of such facilities as established in the Parking and Mobility Standards; to waive a requirement of the International Building Code or the International Residential Code, as amended in the State of Utah; or to increase the maximum number of occupants of such facilities above the limit specified in MKZ 18.83.040 B. If a reasonable accommodation is requested, the applicant shall provide sufficient evidence that the requested accommodation is necessary to allow disabled individuals reasonable, non- discriminatory, federally mandated housing opportunities in the relevant zone. Evidence may include information relating to the history, management, financial feasibility, and therapeutic benefits/needs of the facility and persons residing in the care facility, and applicable law. The applicant shall submit an application for a Reasonable Accommodation Determination for ---PAGE BREAK--- Millcreek Code Update Wireless Telecommunication Facilities I 432 Residential Facilities for Persons with a Disability, following the procedure as set forth in MKZ 18.15.030 C. Review of an application for a Reasonable Accommodation Determination for Residential Facilities for Persons with a Disability shall follow the criteria as set forth in MKZ 18.16.030 D. In no case shall a reasonable accommodation be approved, that if the premises are vacated or the facility no longer exists at the approved location, the remaining structure or use would become nonconforming in the zone in which it is located. 18.74.060 Residential Day Treatment To avoid excessive traffic, on-street parking, and related impacts that could alter a neighborhood’s residential character, day treatment for non-residents shall not be permitted in Residential Facilities for Persons with a Disability in the R-1 or R-2 residential zones. 18.74.070 Appeals Any person adversely affected by a final decision of the zoning authority may appeal that decision to the Land Use Hearing Officer (LUHO), subject to the standards as set forth in MKZ 18.04, Appeals. 18.75 Wireless Telecommunication Facilities 18.75.100 Purpose The purpose of this chapter is to reasonably regulate, to the extent permitted by Utah and federal law, the location, installation, operation, collocation, modification, and design of personal transmission equipment and commercial wireless telecommunications facilities. All facilities shall comply with the following regulations and all other ordinances of the city and any pertinent regulations of the Federal Communications Commission (FCC) and the Federal Aviation Administration (FAA). 18.75.110 Applicability A. This chapter’s requirements apply to existing and new installations of both personal transmission equipment and commercial transmission equipment, which are referred to as commercial wireless telecommunication facilities. Commercial wireless telecommunication facilities are categorized into the following four types of facilities: roof mount, wall mount, freestanding stealth structures, and monopoles. B. This chapter does not regulate small wireless facilities, which are defined and regulated in MKZ Title 16. C. Amateur radio antennas and related equipment are exempt from the regulations of this chapter. D. This chapter does not regulate TV and radio broadcasting towers as they are not permitted in the City, and this chapter does not govern such facilities. ---PAGE BREAK--- Millcreek Code Update Wireless Telecommunication Facilities I 433 E. Lattice or guyed structures intended for transmission equipment of any type are not permitted. 18.75.120 Site Plan Review Required An applicant who desires to place personal and commercial transmission equipment, including wireless telecommunication facilities, shall submit a site plan to the Planning Department following the procedures as set forth in MKZ 18.15.030 for review prior to submitting and processing any building permits. 18.75.130 Personal Transmission Equipment This section shall apply to all personal transmission equipment for individual use such as antennas or satellite dishes. Personal transmission equipment associated with legally- established single-household or two-household dwellings, provided that the installation and maintenance of transmission equipment complies with the following standards, as depicted in Figure 18.75.1: A. All personal transmission equipment shall be ancillary and accessory to legally established single or two-household dwellings. B. An antenna or dish may extend up to five feet above the highest point of the primary structure to which it is affixed and in no case shall antennas, dishes, or any other transmission equipment exceed an overall height of 30 feet as measured from original grade. C. Satellite dishes shall not exceed three feet in diameter. D. No more than two antennas or dish per dwelling unit may be installed. E. Individual freestanding structures used for transmission equipment of any kind are prohibited except as regulated by the FCC for amateur radio. F. Antennas, dishes, and other transmission equipment shall be attached to the primary structure and shall make a reasonable effort for complete concealment or locate such transmission equipment in the least conspicuous location possible as viewed from a public street as determined by the Planning Director. ---PAGE BREAK--- Millcreek Code Update Wireless Telecommunication Facilities I 434 Figure 18.75.1, Personal Transmission Equipment Illustration 18.75.050 General Standards for Wireless Telecommunication Facilities Commercial wireless telecommunication facilities are permitted in non-residential and non- agricultural zones according to the standards listed within this chapter. A. Commercial mechanical and transmission equipment shall satisfy the following standards, as depicted in Figure 18.75.2: 1. The property shall be used as a commercial, office or manufacturing use or is in conjunction with a public property with a public or quasi-public use such as a public school, fire station, library, park, or other government use. 2. Equipment may be located within 30 feet, but no closer than 10 feet of a residential property line if: a. All mechanical equipment shall be placed within a below-grade vault, or; b. All ground equipment shall be located within a completely enclosed decorative masonry accessory building. Such accessory buildings shall satisfy the height and setback requirements prescribed by the underlying zone. c. A sound study may be required, as determined by the Planning Director, for equipment located within 30 feet of a residential property line as set forth in MKZ 18.69, Required Studies and Plans. ---PAGE BREAK--- Millcreek Code Update Wireless Telecommunication Facilities I 435 3. Ground equipment shall be entirely screened with a minimum eight foot tall decorative masonry wall with solid metal gates and may not be located closer than 30 feet to any residential property line. 4. Antennas, dishes, and other commercial mechanical and transmission equipment shall not create visual clutter, nuisance or hazard as determined by the Planning Director. ---PAGE BREAK--- Millcreek Code Update Wireless Telecommunication Facilities I 436 Figure 18.75.2, Commercial Transmission Equipment Illustration B. Commercial wireless telecommunication facilities may be located within a residential or agricultural zone, provided that the installation and maintenance of commercial wireless telecommunication facilities comply with the following standards, as depicted in Figure 18.75.3: 1. To the Planning Director’s satisfaction, the applicant has provided technological justification and made all reasonable efforts to first exhaust all other options before locating or co-locating a new facility within a non- residential or non-agricultural zone. 2. Facilities shall only be installed on public property and shall be associated with public or quasi-public uses such as a public school, fire station, library, park, or other government use. 3. Facilities satisfy all commercial mechanical and transmission equipment standards as set forth in MKZ18.75.050 4. Facilities shall be made stealth within a steeple, flagpole, or as an approved freestanding stealth structure. ---PAGE BREAK--- Millcreek Code Update Wireless Telecommunication Facilities I 437 Figure 18.75.3, Commercial Transmission Equipment in Residential or Agricultural Zone Illustration 18.75.060 Wall Mounted Wireless Telecommunication Facilities Wall-mounted wireless telecommunication facilities shall satisfy the following standards, as depicted in Figure 18.75.4: A. Wall mounted wireless telecommunication facilities shall be mounted to the wall of the primary structure and not extend more than 24 inches as measured from the surface edge of the wall to the front or furthest portion of the equipment. B. Wall-mounted wireless telecommunication facilities shall be located at least 30 feet above the finished grade of the wall surfaces to which it is mounted. C. Wall-mounted commercial transmission equipment shall not extend above the wall to which it is mounted. D. Wall-mounted wireless telecommunication facilities, including the supporting structure, shall be colored to match the building colors, textures, and materials. ---PAGE BREAK--- Millcreek Code Update Wireless Telecommunication Facilities I 438 Figure 18.75.4, Wall Mounted Transmission Equipment Illustration 18.75.070 Roof Mounted Wireless Telecommunication Facilities Roof-mounted wireless telecommunication facilities shall satisfy the following standards, as depicted in Figure 18.75.5 A. Transmission equipment shall be located at least 30 feet above the finished grade to which it is mounted. B. Transmission equipment shall not be placed on a roof pitch that is greater than 2:12. C. The equipment shall be set back a minimum distance of 15 feet from the edge of the roof to which the equipment is mounted. D. The equipment shall not exceed a maximum of 10 feet in total height as measured from the roof surface to which it is mounted or the top of the lowest parapet wall on the same roof surface. E. Stealth roof-mounted wireless telecommunication facilities are encouraged and are allowed to vary from the height and setback provisions of this section if the stealth installation achieves the desired stealth appearance and provides a similar effect to the listed stealth options, as determined by the Planning Director. ---PAGE BREAK--- Millcreek Code Update Wireless Telecommunication Facilities I 439 Figure 18.75.5, Roof Mounted Transmission Equipment Illustration 18.75.080 Freestanding Stealth Wireless Telecommunication Facilities Freestanding stealth wireless telecommunication facilities shall satisfy the following standards, as depicted in Figure 18.75.6: A. Freestanding stealth wireless telecommunication facilities are defined by height and are limited to a maximum height of 45 feet. B. Freestanding stealth wireless telecommunication facilities are permitted in all non-residential zones and may be allowed in residential and agricultural zones when associated with public or quasi-public uses. C. No distance separation between the stealth wireless telecommunication facility and other wireless telecommunication facilities is required. D. Freestanding stealth wireless telecommunication facilities shall be located at least 100 feet from a residential property line. E. The applicant has demonstrated in writing that they have made at least three attempts to explore the option of first roof-mounting, wall-mounting, or co-locating on an existing monopole on properties located within a one-half mile radius of the desired location. F. All freestanding wireless telecommunication facilities shall have a stealth design and shall be proportionate to the type of structure they intend to imitate. Depending on the environment and surrounding uses, freestanding wireless telecommunication facilities may include but are not limited to flag poles, water towers, ball field lights, steeples, clock towers, existing signs, ---PAGE BREAK--- Millcreek Code Update Wireless Telecommunication Facilities I 440 utility poles, boulders, monopines, or other stealth designs as determined by the Planning Director. G. All antennas and other transmission equipment mounted on the freestanding stealth wireless telecommunication facility including cabling and other associated equipment shall be enclosed entirely within the structure or incorporated into the stealth design. Figure 18.75.6, Freestanding Stealth Structures Illustration 18.75.090 Monopole Wireless Telecommunication Facilities: Freestanding stealth wireless telecommunication facilities shall satisfy the following standards, as depicted in Figure 18.75.7, provided that: A. Monopole wireless telecommunication facilities may only be considered after the applicant has submitted a statement of need demonstrating why the proposed facility cannot be wall- mounted, roof-mounted, co-located, or integrated into a freestanding structure. B. Monopoles are prohibited on properties within a sensitive land designation unless the monopole and equipment are made stealth based upon the surrounding natural and architectural environment within 1,320 feet of the facility, as directed by the Planning Director. C. Monopoles are prohibited in residential and agricultural zones except in public parks and schools or properties exceeding two acres in size. D. A minimum of one-half (1/2) mile distance is required between monopoles. E. Monopoles shall not be allowed in the front yard setback of any lot or parcel, or between the primary building and abutting right of way. ---PAGE BREAK--- Millcreek Code Update Wireless Telecommunication Facilities I 441 F. Monopoles shall be set back from any residential property line three times (3x) the height of the monopole. G. Monopoles shall not exceed 60 feet in height as measured from the top of the monopole or equipment to the finished grade. H. Monopoles and related pole-mounted transmission equipment, including antennas, shall have non-reflective or powder coated surfaces in unobtrusive earth-tone colors. I. External pole mounted antennas shall not project more than four feet as measured from the front of or furthest portion of the antenna, or similar equipment, to the nearest surface edge of the monopole. J. No exposed cabling is permitted, and all cables shall be routed internally within the pole and/or buried underground. The Planning Director may consider exterior cable trays designed to replicate an existing vertical element. Standard cable trays painted and textured to match the existing facade do not satisfy the intent or qualify as hidden or concealed. Figure 18.75.7, Monopole Illustration K. Stealth monopole wireless telecommunication facilities are encouraged and shall be allowed to vary from this section’s setback, height, and other design provisions if the stealth installation achieves the desired stealth appearance as determined by the Planning Director. 18.75.100 Eligible Facility Request (EFR) A. The purpose and intent of this section are: ---PAGE BREAK--- Millcreek Code Update Wireless Telecommunication Facilities I 442 1. To implement § 6409(a), which requires the city to approve an EFR for a modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station; 2. To implement the FCC rules set forth at 47 C.F.R. Part 1 (Part 1 - Practice and Procedure), new Subpart U § 1.6100 (Wireless Facility Modifications), which rules implement § 6409(a); 3. To establish procedural requirements and substantive criteria applicable to review and approval or denial of applications for an EFR; 4. To ensure that application submittal requirements are related to information reasonably necessary to the determination of whether or not the proposed modification will result in a substantial change in the physical dimensions of the eligible support structure; 5. To exempt EFR from zoning and development regulations that are inconsistent with or preempted by § 6409(a); 6. To preserve the City's right to continue to enforce and condition approvals under this chapter on compliance with generally applicable building, structural, electrical, and safety codes and with other laws codifying objective standards reasonably related to health and safety; 7. To promote timely decisions under this chapter; and 8. To ensure that decisions are made consistently and predictably. B. Applicability: 1. Sole And Exclusive Procedure: Except as may be otherwise provided in this chapter, and not withstanding any other provisions in the City Code, the provisions of this chapter shall be the sole and exclusive procedure for review and approval of an EFR which the applicant asserts are subject to review under § 6409(a). The provisions of this chapter shall control the extent that other provisions of the City Code establish a parallel process for review and approval of a project permit application for a proposed EFR.. 2. First Deployment; Base Station: This chapter shall not apply to a proposed facility modification to a structure, other than a tower, that does not, at the time of submittal of the application, already house or support transmission equipment lawfully installed within or upon, or attached to, the structure. 3. Interpretation: Interpretations of this chapter shall be guided by § 6409(a) and applicable FCC reports and orders. 4. Building Permit: The city will process, review, and, if practicable, issue a decision regarding a building permit for the facility modification concurrent with the EFR permit described herein. 5. Reservation of Authority: Nothing herein is intended or shall operate to waive or limit the city's right to enforce, or condition approval on, compliance with ---PAGE BREAK--- Millcreek Code Update Special Business Land Use Regulations I 443 generally applicable building, structural, electrical, and safety codes and with other laws codifying objective standards reasonably related to health and safety. C. Application and Submittal Requirements: Applications shall follow the procedures as set forth in MKZ 18.15.030. D. Review and Approval of an Application: 1. Application Review. The Planning Director will review and approve an EFR application. The Planning Director will determine if the proposed EFR will substantially change the physical dimensions of an eligible support structure. 2. Timeframe For Review and Approval. The City shall comply with all applicable shot clocks when reviewing an EFR application. If an EFR application satisfies the requirements of this chapter, the Planning Director shall approve the EFR application and issue an EFR permit. 3. Code Requirements. Any EFR permit issued pursuant to this chapter, and any approved application shall be and are conditioned upon compliance with any generally applicable building, structural, electrical, and safety codes and other laws codifying objective standards reasonably related to health and safety. Violation of any such applicable code or standard shall be deemed to be a violation of the EFR or deemed approved application. 18.76 Special Business Land Use Regulations 18.76.010 Purpose The purpose of this chapter is to describe additional requirements for certain businesses to minimize nuisance and land use conflict. 18.76.020 Applicability This Chapter applies in addition to the governing standards of the zone where the use is located. Should conflicts occur, the more restrictive regulation applies. 18.76.030 Sexually Oriented Businesses A. Purpose. It is the purpose and objective of this chapter that the City establish reasonable and uniform regulations to prevent the concentration of sexually oriented businesses or their location in areas deleterious to the incorporated area of the City; to regulate the signage of such businesses; to control the adverse effects of such signage; and to prevent inappropriate exposure of such businesses to the community. This chapter is to be construed as a regulation of time, place and manner of the operation of these businesses, consistent with the limitations provided by provisions of the United States and Utah Constitutions. B. Business Permitted; Restrictions ---PAGE BREAK--- Millcreek Code Update Special Business Land Use Regulations I 444 1. Sexually oriented businesses, other than outcall services and nude and seminude dancing agencies, shall be permitted only in areas zoned M pursuant to the provisions of MKZ 18.46, Light Manufacturing Zone, respectively, subject to the following additional restrictions: 2. Sexually oriented businesses shall be subject to conditional use requirements. 3. No sexually oriented business shall be located: a. Within one thousand feet (1,000’) from any school, public park, religious assembly, or other sexually oriented business; b. Within three hundred feet (300’) from a Residential Zone Boundary. c. The distance requirements for this section shall be measured in a straight line, without regard to intervening structures, from the nearest property line of the school, public park, religious assembly, agricultural or residential zoning district, or other sexually oriented business and to the nearest property line of the sexually oriented business. d. Outcall services and nude and seminude dancing agencies shall be permitted only in the following zones: RM as an office, business use only, and subject to conditional use approval, pursuant to the provisions of MKZ 18.40, Residential Mix Zone; C-1, C, and M as an office, business use only, pursuant to the provisions of MKZ 18.44, Neighborhood Commercial Zone, MKZ 18.45 Commercial Zone, and MKZ 18.47 Light Manufacturing Zone respectively. C. Sign Restrictions. Notwithstanding anything contrary contained in MKZ 18.66, Signs, signs for sexually oriented businesses shall be limited as follows: 1. No more than one exterior sign shall be allowed; 2. No sign shall be allowed to exceed eighteen square feet; 3. No animation shall be permitted on or around any sign, or on the exterior walls or roof of such premises; 4. No descriptive art or designs depicting any activity related to, or inferring, the business’s nature shall be allowed on any sign. Said signs shall contain alphanumeric copy only; 5. Only wall signs shall be permitted; 6. Painted wall advertising shall not be allowed; 7. Other than the signs allowed explicitly by this chapter, the sexually oriented business shall not construct or allow to be constructed any temporary sign, ---PAGE BREAK--- Millcreek Code Update Special Business Land Use Regulations I 445 banner, light or other device designed to draw attention to the business location. D. Severability. If any provision or clause of this chapter or the application thereof to any person or circumstances is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other sections, provisions, clauses or applications hereof which can be implemented without the invalid provision, clause or application hereof, and to this end, the provisions and clauses of this chapter are declared to be severable. 18.76.040 Home Business A. The purpose of the home business chapter is to allow the use of a portion of a dwelling by one of its residents for business purposes, while establishing standards to ensure that the business use of the home will not adversely impact the residential character of the neighborhood in which the home business is located. B. Home businesses shall include the following business activities, and those substantially similar. If a use is not explicitly designated below, then the use is prohibited, unless the Planning Director determines the use is substantially similar to a use designated below. 1. Artists, authors, architectural services, advertising; 2. Barber and beauty shops with no more than one chair; 3. Dance studio, aerobic exercise, music lessons, tutoring and general educational instruction, provided the number of students is limited to two at a time; 4. Direct sales distribution, desktop publishing; 5. Data processing, computer programming, and service; 6. Home Daycare or Preschool, subject to the standards as set forth in MKZ 18.76.060 7. Home crafts and sales; 8. Garden produce; 9. Janitorial services; 10. Insurance sales or broker, interior design; 11. Mail order; 12. Home offices such as: real estate sales, broker, consulting, or appraiser; 13. Sales representative; and 14. Contractors provided there is no outside storage of equipment, and no more than one company vehicle stored on site. C. Uses that are listed as permitted or conditional uses in residential zones are subject to a conditional or permitted use approval process, but are not subject to regulation under this chapter. Such uses include, but are not limited to, short-term rentals, home daycare, home ---PAGE BREAK--- Millcreek Code Update Special Business Land Use Regulations I 446 preschools, uses involving the raising, breeding, training, housing, keeping or care of animals where allowed set forth in MKZ Title 8, residential health care, residential facilities for persons with a disability, or bed and breakfasts. D. Garage or yard sales are exempted from regulation under this chapter, and are regulated as set forth in MKZ 18.58, Temporary Uses. E. Standards. The following standards shall apply to home businesses: 1. The primary use of the dwelling shall continue as residential. 2. The person operating the business must reside in the dwelling on a full-time basis (at least nine months per year). 3. Home Businesses with remotely located employees may occasionally gather at the dwelling but no more than once a week. 4. Customers are only allowed at the dwelling between the hours of seven a.m. and ten p.m. Group lessons or sessions shall not exceed six people at a time. 5. In addition to the parking spaces required for the residents of the dwelling, parking for customers and for an employee, if allowed, must be provided in the driveway or garage. 6. No exterior remodeling shall take place that would change the residential appearance of the dwelling. 7. Interior structural alterations made to the dwelling are allowed only if they are consistent with its primary use as a dwelling. 8. All business activities must take place within the dwelling and/or attached or detached garage, or in/on an approved recreational facility and shall not occupy more than twenty-five percent or more than five hundred square feet (whichever is less) of the floor area of the home or approved recreational facility. 9. It is prohibited to store or display supplies, inventory, equipment or materials in any portion of a yard. 10. Only those tools, equipment, or electric apparatus commonly used as accessories to or in conjunction with residential uses are allowed to be used as part of the home business. 11. Home businesses must be conducted in a manner that does not emit or create excessive odors, smoke, dust, heat, fumes, light, glare, sounds, noises, vibrations or interference with radio and/or television reception. 12. Only one three-square-foot, non-illuminated nameplate sign is allowed. The nameplate sign must be attached to a wall or window of the dwelling. 13. No vehicle larger than a passenger car, van or one-ton pickup truck is allowed to be brought to, parked on, or stored on the property in conjunction with a home business. ---PAGE BREAK--- Millcreek Code Update Special Business Land Use Regulations I 447 14. If the applicant for a home business is not the property owner, the applicant must obtain the property owner’s or manager’s written authorization to apply. 15. The property address (house number) must be clearly posted on the home in letters at least four inches high and in a color contrasting with the building. 16. The condition of the dwelling and landscaped areas shall be well maintained. F. Regulations And Enforcement 1. A land use application for home business shall be submitted to the City for review. Upon finding that the applicant understands and agrees to comply with the standards set forth in this section, the application shall be approved. An inspection of the exterior premises may be conducted to ensure there are no existing code violations. 2. All home businesses are required to obtain a City business license. The business license must be renewed each year that the home business is in operation. 3. Violations of these standards shall be subject to the civil penalties as set forth in MKZ 18.02, Enforcement. In addition, a business license revocation hearing may be scheduled at the discretion of the Planning Director for any business found to be in violation of the home business standards or of any other city ordinance. 4. The business owner is responsible for complying with all applicable health, fire, building and safety codes. 5. All home businesses shall be reviewed for compliance with the provisions of this chapter and approved under the application process mentioned above. For the purposes of this chapter, a change of business ownership and/or relocation to a new address is considered a new business and requires separate approval. 18.76.050 Commercial Daycare or Preschool A commercial daycare or preschool shall be subject to the following conditions: A. Must be compatible with existing and proposed land uses in the vicinity; B. Receive and maintain a license in good standing from the Utah State Department of Health and Human Services. C. Provide required parking spaces on the site and an adequate pickup and delivery area; D. New construction must be compatible in design and scale of building with existing development in the area; E. Site must have frontage on a street with an existing or proposed right-of-way of eighty feet or greater, as identified on the road widening and improvement map available at the City (except where the site is located in the RM, MD, MD-3, C-1, C, or M zones). ---PAGE BREAK--- Millcreek Code Update Animal Regulations I 448 18.76.060 Home Daycare or Preschool A Home Daycare or Preschool must meet the following standards: A. When allowed as a permitted use there shall be a maximum of six children without any employees not residing in the dwelling. When allowed as a conditional use there shall be a maximum of twelve (12) children with not more than one employee at any one time not residing in the dwelling; B. The use shall comply with the Salt Lake County Health Department noise regulations; C. The play yard shall not be located in the front yard and shall only be used between eight a.m. and nine p.m.; D. The lot or parcel shall contain one available on-site parking space not required for use of the dwelling, and an additional available on-site parking space not required for use of the dwelling for any employee not residing in the dwelling. The Planning Director shall approve the location of the parking to ensure that the parking is functional and does not change the residential character of the lot or parcel; E. No signs shall be allowed on the dwelling, lot, or parcel except a nameplate sign; F. The use shall comply with all local, state and federal laws and regulations. The Life Safety Code includes additional requirements if there are more than six children; G. Upon complaint that a home daycare or preschool caregiver is violating any requirements of this section or any other City ordinance, the City shall review the complaint and if substantiated may institute a license revocation proceeding under MKC 5.14.020; and H. The caregiver shall notify all property owners within a 300-foot radius of the caregiver’s property in writing, on a form provided by the City, concerning the licensing of a home day care or preschool at such property. 18.77 Animal Regulations 18.77.010 Purpose The purpose of this Chapter is to allow areas within Millcreek for animals, where appropriate. The keeping and licensing of animals is also subject to MKC Title 8, Animals. 18.77.020 Applicability This Chapter applies to all zones throughout Millcreek and supplemental requirements are as set forth in MKC Title 8, Animals. 18.77.030 Allowances and Spatial Requirements for Animals. Animals shall be allowed as set forth in 18.77-1, Animals Table. Spatial requirements for stables, coops, enclosures, and other structures used to house animals are described in Table 18.77-1, and illustrated in Figure 18.77.1, Site Separations. ---PAGE BREAK--- Millcreek Code Update Animal Regulations I 449 Table 18.77-1 Animals Table Animal Type Zones Where Permitted Zones Where Allowed as a Conditional Use Maximum Number per Lot or Parcel Restrictions and Spatial Requirements Assistance Animal All Household Pets All Horses A, FRE R-1, R-2, R-4, RM 4 1. Minimum lot or parcel size 1/2 acre. 2. Stable a minimum of 100’ from dwellings and street.(1) Cows, Sheep, and Goats for Family Food Production A, FRE R-1, R-2, R-4, RM 2 1. Minimum lot or parcel size 1/2 acre. 2. Stable with a minimum of 100’ from dwellings and street. Rabbits for Family Food Production A, FRE R-1, R-2, R-4, RM 20 1. Hutch and enclosures located at a minimum of 40’ from dwellings and street.(1) Domestic Fowl for Family Food Production A, FRE, R-1, R- 2, R-4, RM, C, M, and MD 10 1. Coop and enclosures located a minimum of 40’ from dwellings and street.(1) Ducks, Turkeys, and Geese for Family Food Production A, FRE, R-1, R- 2, R-4, RM, C, M, and MD 10 1. Coop and enclosures located a minimum of 40’ from dwellings and street.(1) Pigeons for Family Food Production A, FRE, R-1, R-2, R-4, RM, C, M, and MD 20 1. Coop and enclosures located a minimum of 40’ from dwellings and street.(1) Animals for Commercial Production A As determined by the conditional use permit 1. 1-acre minimum lot or parcel size. 2. Stables are located at a minimum of 100’ from dwellings and street. 3. Enclosures, aviary, coops, apiary and hutches located at a minimum of 40’ from dwellings and street. Table Note 1. As measured from the edge of the structure to the nearest edge of any dwelling. Table Note 2. No more than three animal species are permitted at any one time on any lot or parcel where family food production is a permitted or conditional use. ---PAGE BREAK--- Millcreek Code Update Animal Regulations I 450 Figure 18.77.1, Site Separations 18.77.040 Maintenance of Animals and Fowl A. Animals and fowl shall be maintained to prevent dust, odor, vegetation loss, and topsoil loss due to erosion. B. In some areas, due to the fragile soil and sparse vegetative cover, the Planning Director for permitted uses or the Planning Commission for conditional uses may require that all animals and fowl be kept in an enclosed area, or may deny a permit for animals and fowl on the property. C. Any domestic fowl enclosure or coop shall be located only in a side or rear yard. No coop, enclosure, or domestic fowl shall be allowed in any front yard. D. It is unlawful for any person who is the owner, keeper or temporary custodian of any domestic fowl to allow the fowl to be at large, off the premises or outside the enclosure owned by the owner, keeper or temporary custodian; provided, however, fowl may be permitted outside the enclosure in a fenced yard during daylight hours. ---PAGE BREAK--- Millcreek Code Update Affordable Housing Incentives I 451 E. It is unlawful for any person to keep or maintain in an unclean or unsanitary state or condition any coop, enclosure or other structure or area in which any domestic fowl is kept. 18.77.050 Watershed Prohibitions Household pets, horses, animals for food production, and animals for farm production are prohibited within watershed areas as determined by the Salt Lake Valley Health Department or Utah Department of Environmental Quality. 18.77.060 Animals in Sensitive Lands Horses and other animals or fowl for family food production may be permitted in areas inside designated sensitive lands, provided that: A. The use will not create unreasonable on-site erosion, siltation, bacteriological or biological pollution in subsurface or surface waters, destruction of vegetation, air pollution, including dust and odors or other detrimental environmental effects. In determining the environmental effects of the use, the Planning Director shall seek and consider recommendations from the Salt Lake County Health Department and other concerned agencies, and may require the applicant to submit scientific studies including analysis of slope, soils, vegetative cover, availability of water, and other elements necessary to establish environmental effects of the proposed use, and B. The Planning Director may limit the number of animals and fowl, or limit the amount of ground to be devoted to such use, or make other conditions to ensure environmental protection, and C. After the use is established, if the Director determines, based on findings of facts, that unreasonable environmental degradation is occurring, the Planning Director may, after notification to the applicant, establish additional conditions or order the use to be abated. 18.78 Affordable Housing Incentives 18.78.010 Purpose The purpose of this Chapter is to determine how affordable housing incentives are applied and are intended to encourage the development of affordable housing. The provisions within this section are intended to facilitate the construction of affordable housing by allowing more inclusive development than would otherwise be permitted in the base zoning districts. Housing constructed using the incentives is intended to be compatible with the neighborhood and provide safe and comfortable places to live, work, and play. 18.78.020 Applicability A. This Chapter applies to all zones where residential development is allowed throughout Millcreek. ---PAGE BREAK--- Millcreek Code Update Affordable Housing Incentives I 452 B. For the purposes of this chapter, qualifying affordable income housing development must provide affordable housing to a specific target population with a household income less than or equal to 80 percent of Salt Lake County’s area median income (AMI) for a time period of at least 30 years, and must be the recipient of a low- income housing tax credit or other public funding. 18.78.030 Affordable Housing Income Types and Scale A. Affordable Income Housing Types 1. Very Low-income housing means housing occupied or reserved for occupancy by households with a gross household income equal to or less than 30% of the median gross income for households of the same size in Salt Lake County. 2. Low-income housing means housing occupied or reserved for occupancy by households with a gross household income between 30% and 50% of the median gross income for households of the same size in Salt Lake County. 3. Moderate-income housing means housing occupied or reserved for occupancy by households with a gross household income between 50% and 80% of the median gross income for households of the same size in Salt Lake County. B. Affordable Housing Scale Type 1. Completely Affordable. Complete means 100% of the units are deemed qualifying affordable income housing. 2. Mixed Affordable. Mixed means at least 25% of the units are deemed qualifying affordable income housing. 18.78.040 Incentive Types for Qualifying Affordable Housing Developments Table 18.78-1 Incentive Types Incentive Description Limitations and Restrictions Density Bonus Allowance for increased number of residential units Does not apply in A-1, R-1, and R-2 Zones. A maximum increase in density of 10% for Completely Affordable developments. A maximum increase in density of 5% for Mixed Affordable developments. Additional units due to increase must satisfy all off-street parking requirements. ---PAGE BREAK--- Millcreek Code Update Affordable Housing Incentives I 453 Table 18.78-1 Incentive Types Incentive Description Limitations and Restrictions Increased Building Height Allowance for increased building height Completely Affordable or Mixed Affordable Developments located in the A-1, R-1 and R-2 Zones may be allowed an increase of building height up to an additional 5 feet. Developments must satisfy all other requirements of the zone. Completely Affordable Developments located in the MD or C Zones may be allowed an increase of building height to up to a maximum height of 100 feet. Developments must satisfy all other requirements of the zone. Mixed Affordable Developments located in the MD or C Zones may be allowed an increase of building height up to a maximum height of, provided 100% of affordable units are deemed Very Low income. Developments must satisfy all other requirements of the zone. Completely Affordable Developments located in R-4 or RM Zones may be allowed an increase of building height up to an additional 10 feet. Mixed Affordable Developments located in R-4 or RM Zones may be allowed an increase of building height up to an additional 5 feet. Developments must satisfy all other requirements of the zone. Open Space Reduction Allowance for an open space reduction Does not apply in A-1, R-1, and R-2 Zones. Completely Affordable Developments located in the MD or C Zones may receive a 20% reduction of required open space , provided the Completely Affordable Development is located within ¼ mile of a public park or trail. Developments must satisfy all other requirements of the zone. Mixed Affordable Developments located in the R-4 or RM Zones may receive a 10% reduction of required open space, provided the Completely Affordable Development is located within ¼ mile of a public park or trail. ---PAGE BREAK--- Millcreek Code Update Affordable Housing Incentives I 454 18.78.050 General Standards of Applicability A. The use and development of Affordable Housing is also subject to other applicable chapters in the zoning ordinance, including all health codes, building codes, and engineering standards. Table 18.78-1 Incentive Types Incentive Description Limitations and Restrictions Developments must satisfy all other requirements of the zone. First story commercial requirements waived Waiving of first story commercial requirements where Mixed- Use developments are required Does not apply in A-1, R-1 and R-2 Zones. Does not apply to developments located within 250 feet of a major intersection. Completely Affordable Developments located in the, RM, MD, or C Zones may receive a waiver of up to 100% of the first story commercial requirements, where mixed use developments are required. Developments must satisfy all other requirements of the zone. Fee Waiver Waiving of development fees Completely Affordable Developments located in the R-4, RM, MD, or C Zones may receive a waiver of 100% of development fees, provided at least 50% of the affordable units are deemed Low Income or Very Low income. Mixed Affordable Developments located in the R-4, RM, MD, or C Zones may receive a waiver of 50% of development fees, provided at least 50% of the affordable units are deemed Low Income or Very Low income. Streamlined Application Process Accelerated review process Completely Affordable developments located in the RM, MD or C Zones are a permitted use, subject to attending a concept review and site plan review. Parking Reduction Allowance for a reduction in the minimum parking requirements See MKZ 18.64, Parking and Mobility Standards ---PAGE BREAK--- Millcreek Code Update Affordable Housing Incentives I 455 B. Standards in other chapters may apply. If standards elsewhere in MKZ 18 that conflicts with standards in this chapter, the more restrictive standard prevails. C. In any rezoning process, a Development Agreement that imposes conditions and requirements for affordable housing shall be required at the sole discretion of the City. 18.78.060 Affordable Housing Incentive Approval Process A. All requirements of this title shall apply. B. Applicants seeking an affordable housing incentive identified in this chapter shall submit a Affordable Housing Incentive Application and provide the following information: 1. The applicant' s name, address, telephone number and interest in the property to which the incentives apply. 2. The owner' s name, address, and telephone number, if different than the applicant, and an affidavit from the property owner consenting to the application. . 3. The street address, tax parcel number and legal description of the subject property. 4. The zoning classification, zoning district boundaries and present use of the subject property. 5. A site plan illustrating the location of all proposed principal and accessory buildings and structures, showing the number of stories and height, dwelling type, if applicable, building elevations and the total square footage of the floor area by proposed use and any additional information required for site plan review as set forth in MKZ 18.16.030. 6. The total number of dwelling units in the project, the number of affordable units, the number of bedrooms in the affordable units, the location of the affordable units, and the level of affordability; and 7. Any additional information required by the Planning Director to demonstrate compliance with the requirements of this chapter, as applicable. C. Following the submittal of a complete Affordable Housing Incentives Application, the applicant shall submit the required application and documentation needed to schedule a concept review meeting as set forth in MKZ 18.14.020. All requirements and conditions established from the concept review shall be completed by the applicant prior to obtaining preliminary approval. D. Preliminary approval shall authorize the preparation, filing and processing of applications for any permits or approval that may be required by the city, including, but not limited to, a building permit. No permits shall be issued until final approval is obtained pursuant to this Chapter. Preliminary approval shall be valid for one year. E. Final approval shall be issued prior to obtaining a building permit for an affordable housing development. Final approval will be subject to an agreement between the City and the ---PAGE BREAK--- Millcreek Code Update Affordable Housing Incentives I 456 applicant, on a form approved by the City Attorney regarding deed restrictions, restrictive covenants, and other enforcement mechanisms as set forth in MKZ 18.78.070 to secure permanently affordable housing in Millcreek. 18.78.070 Enforcement A. The affordable housing incentives authorized by this chapter are intended to promote the development of permanently affordable housing in Millcreek. This section applies to all property owners, developers, and successors who benefit from the affordable housing incentives authorized by this chapter. Compliance is required for the duration of the affordability period specified in the agreement between the property owner and the City. B. Enforcement Mechanisms: 1. Deed Restriction. A property owner benefiting from affordable housing incentives must record a deed restriction on the property with the Salt Lake County Recorder’s Office, on a form provided by the City. The deed restriction must specify the required affordability period, rental or sale price limits, and eligible income levels of tenants or buyers, and shall include a right of first refusal pursuant to this section. 2. Restrictive Covenants. Restrictive covenants are required for newly-created subdivisions to ensure ongoing compliance with affordability requirements. These covenants must be binding on all successors in interest and may not be removed or modified without City approval. 3. Notice of Noncompliance. The City shall issue a Notice of Noncompliance to any property owner or developer found to be in violation of the affordability requirements. 4. Liens. In cases of unresolved violations, the City may place a lien on the property to recover any financial benefits or incentives improperly utilized by the property owner. The lien may be enforced through judicial foreclosure or other legal means as permitted by state law. 5. Right of First Refusal. In cases of extreme violations, including unauthorized sale or conversion of affordable units, the City retains the right of first of refusal to purchase the property or unit at a fair market price adjusted for affordability. Proceeds from such actions will be allocated to the City’s affordable housing fund to promote further development of affordable housing. 6. Legal Remedies. The City reserves the right to pursue all available legal remedies, including injunctive relief, civil penalties, or termination of incentives, to enforce compliance with this ordinance. 7. Compliance Monitoring and Reporting. All properties receiving incentives are subject to annual compliance audits conducted by the City. The City reserves ---PAGE BREAK--- Millcreek Code Update Section Reserved I 457 the right to conduct on-site inspections of affordable units as part of the audit process. Property owners must provide documentation demonstrating compliance, which may include: a. Tenant income certifications and lease agreements to verify eligibility. b. Annual rent or sale price reports. c. Proof of adherence to any specific affordability terms in the agreement. C. Severability. If any provision of this enforcement section is found to be invalid, the remaining provisions shall remain in full force and effect. 18.79 Section Reserved 18.80 Section Reserved 18.81 Section Reserved 18.82 Section Reserved 18.83 Section Reserved 18.84 Section Reserved 18.85 Section Reserved 18.86 Section Reserved 18.87 Section Reserved 18.88 Section Reserved 18.89 Section Reserved 18.90 Section Reserved 18.91 Section Reserved 18.92 Section Reserved 18.93 Section Reserved 18.94 Section Reserved ---PAGE BREAK--- Millcreek Code Update Section Reserved I 458 18.95 Section Reserved 18.96 Section Reserved 18.97 Section Reserved 18.98 Definitions 18.98.010 Purpose For the purpose of this title, certain words and terms are defined as set out in this chapter. Words used in the present tense include the future; words in the singular number include the plural and the plural the singular; and words included herein but defined in the building code shall be construed as defined therein. 18.98.020 Organization Defined words and terms are organized alphabetically 18.98.030 Alphabetized Definitions A Abut or Abutting means immediately contiguous to, or physically touching, and when used with respect to lots parcels, or development sites, means two lots, parcels, or development sites that share a common property line, including property separated by an alley, a private right of way or a utility strip. Access means the ability for vehicles or pedestrians to enter or exit a site or building at a designated location. Access Strip means the portion of a flag lot that connects the main body of the flag lot to a public street and that includes a driveway for vehicular access. Accessory Uses and Buildings or Structures means a subordinate use or structure customarily incidental to and located upon the same lot occupied by a main or primary use. Accessory Dwelling Unit means a secondary habitable living unit internal or detached from a primary single-household dwelling and contained on one lot, pursuant to the standards and regulations found in this Title. Active Fault means a fault displaying evidence of greater than four inches of displacement along one or more of its traces during Holocene time (about 10,000 years ago to the present). Active Recreation Areas means areas of the landscape dedicated to active play where lawn may be used as the playing surface such as sports fields. ---PAGE BREAK--- Millcreek Code Update Definitions I 459 Activity Zones means portions of the landscape designed for recreation or function, such as storage areas, fire pits, vegetable gardens, and playgrounds. Adaptive Reuse means the process of repurposing a building for a use other than what it was built or designed for. Affected Property Owners Within a Subdivision means property owners who have a direct interest in, or will be directly affected by, a proposed subdivision amendment or lot line adjustment, including the applicant. Affected Entities means individuals, organizations, or governmental bodies that have a stake or are impacted by a proposed regulation or land use decision. Affordable Housing means housing occupied or reserved for occupancy by households with the following gross household income levels: • Very Low-income Housing means housing occupied or reserved for occupancy by households with a gross household income equal to or less than 30% of the median gross income for households of the same size in the county in which the housing is located. • Low-income Housing means housing occupied or reserved for occupancy by households with a gross household income between 30% - 50% of the median gross income for households of the same size in the county in which the housing is located. • Moderate-income Housing means housing occupied or reserved for occupancy by households with a gross household income between 50% - 80% of the median gross income for households of the same size in the county in which the housing is located. Agriculture, Commercial means tilling of soil, horticulture, raising crops, raising animals, and commercial greenhouses with the intent of selling the products for profit. Commercial agriculture includes 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. Agriculture, Noncommercial means tilling of soil, horticulture, raising crops, raising animals, and 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. ALTA Survey means a standard survey format proposed by the American Land Title Association and the American Congress on Surveying and Mapping. Antenna means a communication equipment that transmits or receives electromagnetic waves. Animal Care, Grooming, Boarding, Daycare means a facility where dogs, cats or other domestic animals are provided care such as grooming, daycare, or overnight boarding. ---PAGE BREAK--- Millcreek Code Update Definitions I 460 Apiary means a place where one or more colonies of bees are located. Architectural Feature means a 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, façade variations, and cupolas. Architectural Lighting means lighting of building surfaces, landscape features, statues, and similar items for the purpose of decoration, safety, or ornamentation. Artisan Commercial means an establishment with retail offerings that also provides repair services or 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. Assistance Animal means a domestic animal trained to lead, guide, or assist a person with a disability. Automobile, Equipment, or Recreational Vehicle Sales or Rental means a business involved in selling, leasing, and renting new or used automobiles, equipment, commercial vans, trucks, semi-trailer trucks, recreational vehicles, or boats. This use may also include on-site service, repair, and washing, 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. Automobile Service and Repair does not include impound and tow lots, salvage yards, or junk yards. Avalanche means a large mass of snow, ice, and debris in swift motion down a slope, including both wet and dry snow avalanches. Aviary means any pen or run enclosed by wire or similar materials located immediately adjacent to a coop, into which fowl can only enter directly from the coop. B Bank or Financial Institution means 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. It does include a Non-Depository Financial Institution. Bed and Breakfast means a residential dwelling with a maximum of six guestrooms, is occupied by the owner or individual responsible for operating the facility and used for accommodations or lodging of guests paying compensation. Guest rooms have no provision for ---PAGE BREAK--- Millcreek Code Update Definitions I 461 cooking in any individual guest room. Breakfast may be served during the morning hours. Lunch or dinner may not be served. This use may not change the character of the dwelling or property for residential purposes, and shall meet the requirements of the health department and the City fire service provider. Benchmark means a mark affixed to a permanent object along a line of survey to furnish a datum level. Billboard Bank means an accounting system established by the City to keep track of the number of billboard signs and the square footage of each billboard sign removed. Billboard Credit means an entry into a billboard owner's billboard bank account that indicates the number of billboard sign locations and the square footage of each billboard sign. Billboard Owner means the owner of a billboard in Millcreek. Bioswale means Block means a group of platted lots surrounded by streets or other features interrupting the street network such as parks, railroad rights-of-way, or municipal boundary lines. Buffer, Landscape means an area of natural or planted vegetation adjacent to or surrounding a land use to screen and soften the effects of the land use. Buildable Area means that portion of a site where an approved engineering geology and/or Geotechnical Report, as required, has indicated that it is not impacted by geologic hazards or concluded that the identified hazards could be mitigated to a level where the risk to human life and property are reduced to an acceptable and reasonable level, and where structures may be safely sited. Buildable areas must be clearly marked on the site plan and final approved plat, as appropriate. Building Height A. "Height of building" means the vertical distance above the lowest original ground surface or “existing grade” at any point on the perimeter of the building to the highest point of the coping of a flat roof or the deck line of a mansard roof, or the highest point of pitched or hipped roofs, or gambrel roofs. B. Buildings may be stepped to accommodate the slope of the terrain provided that each step shall be at least twelve feet in the horizontal dimension. The height of each stepped building segment shall be measured as required in subsection A. C. Original ground surface, or “existing grade,” shall be the elevation of the ground surface in its natural state before any human-caused alterations including but not limited to grading, excavation, or filling, excluding improvements required by zoning or subdivision ordinances. When the elevation of the original ground surface is not readily apparent, the Planning Director shall determine the elevation of the original grade using one of the following methods: ---PAGE BREAK--- Millcreek Code Update Definitions I 462 1. The original grade established related to the most recent building permit activity on the property. 2. Referencing the original grade where the developed area appears to meet the undeveloped portions of the land. The estimated grade shall tie into the elevation and slopes of adjoining properties without creating a need for the new retaining wall, abrupt differences in the visual slope and elevation of the land, or redirecting the flow of runoff water. Building Orientation means the position or alignment of a structure on a lot relative to key factors such as cardinal directions, street frontage, setbacks, topography, solar access, views, and climate elements. Build-to Line means a requirement that dictates the exact location where a building's façade must be constructed relative to the property line, typically along a street or public right-of-way, as defined by a line parallel to the property line, ensuring a uniform or consistently articulated façade line along a street. Building Setback Line means a line within a lot or other parcel of land between which line and the adjacent property boundary the erection of an enclosed structure or portion thereof is prohibited. C Campground means land made available to persons for temporary outdoor lodging by tent, recreational vehicle, or similar resource. “Campground” does not include a manufactured home, tiny home, yurt, or mobile home park community. Campus means a property in an Institutional Facilities Zone, typically controlled by an institution, and used by the institution or affiliated users in direct support of the institution’s purposes. Cannabis Cultivation Facility means a facility that: • Possesses cannabis; • Grows or intends to grow cannabis; • Sells or intends to sell cannabis to a cannabis cultivation facility, a cannabis processing facility, or a medical cannabis research licensee. Cannabis Pharmacy means a business, licensed by the state of Utah, to distribute cannabis products by prescription for medical purposes. Cannabis Processing Facility means a person that acquires or intends to acquire cannabis from a cannabis production establishment; possesses cannabis with the intent to manufacture a cannabis product; manufactures or intends to manufacture a cannabis product from ---PAGE BREAK--- Millcreek Code Update Definitions I 463 unprocessed cannabis or a cannabis extract; and sells or intends to sell a cannabis product to a medical cannabis pharmacy or a medical cannabis research licensee. Cannabis Production Establishment means a cannabis cultivation facility, a cannabis processing facility, or an independent cannabis testing laboratory. Caretaker Dwelling means a residential unit designated for occupancy by a person or persons responsible for overseeing and maintaining a particular property or facility. The caretaker dwelling is usually located on the same site as the managed property, such as a large estate, industrial facility, commercial property, or public park, for security or maintenance purposes. Car Wash means a self-service or full-service facility for washing, cleaning and drying vehicles including automobiles, buses, or recreational vehicles. Cemetery means a property of at least fifteen (15) acres in area used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundaries of such cemetery. Central Open Shape means an unobstructed area that functions as the focal point of Localscapes and is designed in a geometric shape that minimizes angles and encourages an efficient watering pattern. Certificate of Historic Appropriateness (COA) means a document evidencing approval by the historic preservation commission of an application to make a material change in the appearance of a designated historic resource. Checklist means a checklist for each application type that is approved by the Millcreek City Council and is updated from time to time by the Planning Director. City or Council means Millcreek or the Millcreek Council. Clear View Area means a triangular area formed by the edge of any driveway or automobile access and the street right-of-way line or within a thirty foot (30') triangular area formed by intersecting street right-of-way lines wherein no view obscuring object(s) including walls or opaque fencing in excess of three feet in height shall be placed, except as provided in MKZ 18.67. 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 Daycare or Prescchool means a facility not located within an occupied dwelling where children, the elderly, and/or people with special needs receive care from a person ---PAGE BREAK--- Millcreek Code Update Definitions I 464 qualified by the state to provide supervision, protection, pre-school instruction, or similar care for 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 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 courses, axe- throwing, go-cart tracks, and performance venues. This definition does not Indoor or outdoor gun or archery ranges. Commercial Kitchen/Ghost Kitchen means a facility containing a kitchen(s) where food for sale is prepared for off-premises consumption, such as a catering establishment, or delivery service pickup. Commercial Wireless Telecommunication Facilities means a commercially operated unmanned structure consisting of equipment used primarily for the transmission, reception, or transfer of voice or data through radio waves or wireless transmissions. Such sites typically require constructing transmission support structures attached to antenna equipment. 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, sale, or educational purposes. The private use of private land (not intended to benefit the community at large) does not constitute a community garden. Complete Application means when the applicant provides a land use application in a form that complies with the submittal requirements of this title and applicable Millcreek ordinances and pays all applicable fees. Composting Facility means a structure or yard used for composting and recycling organic solid waste including but not limited to wood, weeds, trees, yard trimmings, food scraps, and plant material. Convertible Space means ground floor space in a mixed use building that is built to the standards of a retail commercial space pursuant to the design standards of the Millcreek Code and the International Building Code, regardless of how it the space is used. Corner Lot or Corner Parcel means a lot or parcel situated at the intersection of two or more streets, provided that the angle of intersection of such streets is not more than one hundred ---PAGE BREAK--- Millcreek Code Update Definitions I 465 thirty five (135) degrees. Corner lots or parcels may have two front yards depending on the zoning district. Coop means a structure, enclosure, or cage for housing fowl such as chickens, ducks, or geese. Crematorium means facility where the remains of deceased individuals are cremated. This process involves the use of specialized equipment to incinerate human or animal bodies. Critical facilities mean essential facilities and lifelines, such as major utility, transportation, and communication facilities and their connections to essential facilities. Cul-De-Sac means a minor street having one open end and being terminated at the other by a vehicular turnaround. D Debris Flow means a slurry of rock, soil, organic material, and water transported in an extremely fast and destructive flow that flows down channels and onto and across alluvial fans, including a continuum of sedimentation events and processes including debris, flows, debris floods, mudflows, clearwater floods, and alluvial fan flooding. Density means the number of dwelling units per acre of land. Depository Financial Institution means 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. Detention Facility or Jail (also known as Correctional Facility) means a place for the incarceration of individuals who have been convicted of violating the Law. Development Agreement means a written agreement or amendment to a written agreement between a municipality and one or more parties utilizing a Development Agreement form approved by the City that regulates or controls the use or development of a specific area of land. Development agreements run with the land and are binding on all successors and assigns of the property owner or developer. Development agreements specify and describe proposed development through text, site plans, and elevations; detail the amenities and other benefits being provided to the City and its residents; andinclude a clause that allows the City to re-zone the property and withdraw from the Development Agreement if the Development Agreement is not recorded within two years of execution of the agreement. Development (regarding Sensitive Lands) means all critical and essential facilities, subdivisions, single- and multi-household dwellings, commercial and industrial buildings, additions to existing buildings, storage facilities, pipelines and utility conveyances, and other land uses. ---PAGE BREAK--- Millcreek Code Update Definitions I 466 Development (in general) means any activity involving the alteration, improvement, or change in the use of land, buildings, or infrastructure. Direct Illumination means illumination resulting from light emitted directly from a lamp, luminary, or reflector. Does not include reflected light from surfaces such as the ground or building faces. Disability means a physical or mental impairment that substantially limits one or more of a person’s major life activities, including a person having a record of such a problem or being regarded as having such an impairment. Disability does not include current illegal use of, and/or resulting addiction to, any federally controlled substance as defined in Section 102 of the Controlled Substances Act, 21 U.S.C. 802. Dissolve means an image transition effect accomplished by varying the image intensity or pattern, where the first image gradually appears to dissipate and lose legibility simultaneously with the gradual appearance and legibility of the subsequent image. Dormer means a roofed structure, often containing a window, that projects vertically beyond the plane of a pitched roof. Drive-up Window means a use with outside order windows, typically seen in association with depository financial institutions, or eating and drinking establishments. Drought-Tolerant Plant means a plant that can survive without irrigation throughout the year once established, although supplemental water may be desirable during drought periods for improved appearance and disease resistance. Dwelling means a structure designated for residential purposes arranged to hold one or more dwelling units. Transitory facilities like hotels, apartment hotels, lodging houses or similar are not considered dwellings. Dwelling, Multiple-Household means a building arranged or designed to be occupied by more than four households. Dwelling, Single-Household – Detached means a building under a continuous roof arranged or designed to be occupied by one household, the structure having only one primary dwelling unit, and is not attached to another primary dwelling unit. Dwelling, Single-Household - Attached (Townhouse/Townhome) means a building arranged or designed to be occupied by one household, the structure having only one primary dwelling unit, and is attached to another single-household dwelling via a shared wall on one or both sides by a common wall(s). A common wall(s) may be located within an attached garage. Dwelling, Two-Household (Duplex, Twin Home) means a single building under a continuous roof containing two primary dwelling units completely separated by either: a common ---PAGE BREAK--- Millcreek Code Update Definitions I 467 interior wall, where the units are side by side, or a common interior floor, where the units are one above the other. A common wall may be located within an attached garage. Dwelling, Three or Four Household (Triplex, Fourplex, Quadplex) means a single building under a continuous roof containing three to four dwelling units completely separated by either: common interior walls, where the units are side by side, or common interior floors, where the units are one above the other. A common wall(s) may be located within an attached garage. Dwelling Unit means a habitable space physically arranged to create an independent housekeeping establishment for occupancy by one household with separate facilities for sanitation, cooking, and sleeping. Buildings with more than one kitchen or set of cooking facilities are considered to contain more than one dwelling unit. Factors for determining whether cooking facilities are accessory to a dwelling unit may include but are not limited to: A building design that allows all occupants ready access to all portions of the building including cooking facilities. No portion of the building containing cooking facilities can be separated from the remaining rooms to form a separate dwelling unit; There is only one electric and/or gas meter for the building. Dwelling Unit, Accessory (ADU) means a residential dwelling unit occupied as a separate dwelling unit on the same lot as a single-household dwelling unit, either within the same building as the single-household dwelling unit, attached to the single-household dwelling, or in a detached building. Mobile homes and manufactured homes are not considered ADUs. • Attached ADU means an accessory dwelling unit that shares a wall and roof with or as an additional story above or below the primary dwelling unit. • Detached ADU means an accessory dwelling unit that shares no common walls or roof with the primary dwelling. • Internal ADU means means an accessory dwelling unit created within the primary dwelling or within the footprint of the primary dwelling. Dwelling Unit, Primary or Main means the principal residential dwelling unit on a lot or parcel. The primary (or main) dwelling unit is the largest of the dwelling units on the lot or parcel. E Easement means the quantity of land set aside or over which liberty, privilege, or advantage in land without profit, existing distinct from the ownership of the land, is granted to the public or some particular person or part of the public. Eating and Drinking Establishment, Dine-in means a place of business where food is prepared, cooked, and served to the general public for consumption on the premises, inside or outside, or made available for consumption off-site via delivery, pick up, or catering services. Alcoholic beverages may be served as set forth in State statute. ---PAGE BREAK--- Millcreek Code Update Definitions I 468 Eating and Drinking Establishment, Drive-up means a place of business where food is prepared, cooked, and served to the general public for consumption on the premises, inside or outside, or made available via a drive-thru or outside pickup window. Alcoholic beverages may be served for dine-in customers as set forth in State statute. Electric Vehicle (EV) means a vehicle registered for on-road use, primarily powered by an electric motor that draws current from a rechargeable storage source that is charged by being plugged into an electrical current source. Electrical Vehicle Infrastructure means the following: • EV-Capable: Parking spaces with the electrical panel capacity and conduit installed during construction to support future implementation of EV charging with 208/240-volt (or greater), and 40-ampere (or greater) circuits. Anticipating dual head EVSE, the same circuit may be used to support charging in adjacent EV-capable spaces. • EV-Ready: Parking spaces with full circuit installations of 208/240-volt (or greater), 40- ampere (or greater) panel capacity, raceway wiring, receptacle, and circuit overprotection devices. Anticipating dual head EVSE, the same circuit may be used to support charging in adjacent EV-Ready spaces. • EVSE-Installed: EV Supply Equipment (EVSE) that is fully installed from the electrical panel to the parking space. • Electric Vehicle Supply Equipment (EVSE) means an apparatus installed specifically to transfer energy between the premises wiring and the Electric Vehicle. Engineering Division means the city’s Public Works Department or designee. Engineering Geologist means a geologist who, through education, training, and experience, is able to conduct field investigations and interpret geologic conditions to assure that geologic factors affecting engineered works are recognized, adequately interpreted, and presented for use in engineering practice and the protection of the public. Engineering Geology means the application of geological data, principles, and interpretation so that geological factors affecting the planning, design, construction, and maintenance of engineered works are properly recognized and adequately interpreted. Essential Facility means buildings and other structures intended to remain operational during extreme environmental loading from snow or earthquakes, including all Category II and III structures as classified in Table 1604.5 of the Building Code. Exterior Architectural Features means the architectural style, general design, and general arrangement of the exterior of a building, structure, or object, including but not limited to the texture of the building material and the type and style of windows, doors, signs, and other appurtenant architectural fixtures, details or elements relative to the foregoing. Exterior Environmental Features means all those aspects of the landscape or the development of a site that affect the property’s historic character. ---PAGE BREAK--- Millcreek Code Update Definitions I 469 F Façade means the exterior side of a building or structure extending from the ground to top of the roof, parapet, or wall and the entire width of the building elevation. Family Food Production means the keeping of animals or cultivating plants that provide food sources for consumption by a property’s occupants. “Family Food Production” does not include selling or commercial production of animals or crops, or food production that poses a risk to health, of spreading plant pest infestation, or of spreading agricultural disease. Farm Stand means a kiosk or temporary structure engaged that sells agricultural products produced or grown on site such as fruits, vegetables, or eggs. “Farm Stands” are typically seasonal. Fault means a fracture in the earth's crust forming a boundary between rock or soil masses that have moved relative to each other (see "Active fault"). Fault Setback means an area on either side of a fault within which construction of structures for human occupancy or critical facilities is not permitted. Fault Scarp means a steep slope or cliff formed by movement along a fault. Fault Trace means the intersection of a fault plane with the ground surface, often present as a fault scarp or detected as a lineament on aerial photographs. Fault Zone means a corridor of variable width along one or more fault traces, within which deformation has occurred. Fence means an artificially constructed barrier to identify a property boundary or enclose a space. Fence, barbed or razor wire, or similar means a fence with one or more strands of wire or other material having intermittent or continuous sharp points that may puncture, tear, cut, or snag. Fence, private or privacy means a fence constructed of a solid material to prevent views through the fence. Fence, open-style means a picket, post and rail or mesh style with a regular patterns and gaps that permits views through a minimum of 75% percent of the fence when viewed perpendicular to the plane of the fence. Final Plat means an instrument approved for recording subdividing property into lots as depicted on a map that a licensed professional land surveyor makes and prepares in accordance with Utah Code Sections 10-9a-603 or 57-8-13 ---PAGE BREAK--- Millcreek Code Update Definitions I 470 Flea Markets, Swap Meets means a use intended for the resale of used goods, typically within a permanent enclosed structure, but can be associated with a temporary open-air market by permit. 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. Flood, Areas of Special Flood Hazard means areas of the City that are subject to periodic inundation, which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. These areas are identified by the Federal Emergency Management Agency. Footcandle means the English unit of measurement for illuminance, which is equal to one lumen, incident upon an area of one foot. Frontage means the boundary of a property that is adjoining a right-of-way. Fuel Station means a facility for retail dispensing and selling of vehicle fuels, including gasoline, gas/oil mixtures, diesel fuel, ethanol, or compressed natural gas through fixed dispensing equipment, operated by customers or employees. Ancillary sales of convenience items, food, lubricants, car washes, and similar accessory uses may be present. Fully Shielded Fixture means an outdoor light fixture designed so that the installed fixture emits no light above the horizontal plane. Funeral Home or 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. G Gable means the triangular portion of a wall between the edges of intersecting roof pitches. Gathering Area means portions of the landscape dedicated to congregating, such as patios, gazebos, decks, and other seating areas. General Plan means the adopted vision and policy document that establishes what residents, business owners, property owners, and other stakeholders envision for the City’s future. General Retail means selling goods intended to serve a community and regional market. Typical General Retail Uses include, but are not limited to, Appliance and Electronic Sales and Service, Automotive Supply (no service), Computer Software Sales and Leasing, Department Store, Gun Shop, Home Furnishings and Accessories Sales, Rental supply, Medical Supply Store and Rental, and Motor Scooter Sales, Heating, Air Conditioning and Plumbing ---PAGE BREAK--- Millcreek Code Update Definitions I 471 Supplies, Sales, and Service, Cabinet Supply (display only), Machine Sales and Rental, Agriculture Equipment and Supply, Electrical Supplies. General Service means a facility that provides the sale of services including but not limited to, Animal Boarding (interior only), Bowling Alley, Non-Depository Financial Institutions, Store, Concert Hall, Light Service and Repair, Pest Control, Cleaning Service, Funeral Home, Microbrewery, Miniature Golf Course, Movie Theater, Commercial Indoor Recreation, Repair of Small Goods and Electronics, Indoor Gun or Archery Ranges, Skating Rink, Geologic Hazard means a surface fault rupture, liquefaction, landslide, debris flow, unstable soil, rockfall, avalanche, and/or other geologic processes that may risk life and property. Geologic Hazard Maps means the following maps showing Geologic Hazards Special Study Areas in the City and by this reference the same is incorporate herein by reference: 1. "Surface Fault Rupture and Liquefaction Potential Special Study Areas" dated March 31, 1989, and revised March 1995; 2. "Avalanche Special Study Areas," dated March 31, 1989; 3. "Landslide, Debris Flow, and Rockfall Special Study Area Map" dated April 9, 2002. Geologic Hazard Special Study Area means a potentially hazardous area, as shown on the geological hazards maps, or in other areas defined under "Applicability" (MKZ 19.62.030), within which hazard investigations are generally required prior to development. Geotechnical Engineer means a professional engineer licensed to practice in the State of Utah with education, training, and experience is in geotechnical engineering. Geotechnical Engineering means the investigation and engineering evaluation of earth materials including soil, rock, and man-made materials, and their interaction with earth retention systems, foundations, and other civil engineering works. The practice involves the fields of soil mechanics, rock mechanics, and earth sciences and requires knowledge of engineering laws, formulas, construction techniques, and performance evaluation of engineering. Geotechnical Report means a scientific study or evaluation conducted by a qualified expert that includes a description of the ground and surface hydrology and geology, the affected land form and its susceptibility to mass wasting, erosion, or other geologic hazards or processes, conclusions and recommendations regarding the effect of the proposed development on geologic conditions, the adequacy of the site to be developed, the impacts of the proposed development, alternative approaches to the proposed development, and measures to mitigate potential site-specific and cumulative geological and hydrological impacts of the proposed development, including the potential adverse impacts to abutting and nearby properties. Geotechnical Reports shall conform to accepted technical standards and must be prepared by a qualified Geotechnical Engineer or Geologist licensed to practice in the State of Utah. Governing Body means the Millcreek City Council. ---PAGE BREAK--- Millcreek Code Update Definitions I 472 Greenhouse or Plant Nursery means a facility or structure used to cultivate trees, shrubs, or other plants grown for retail or wholesale trade. This may also include the accessory sale of soil, planting materials, garden equipment or similar materials. Grocery Store means a full-scale supermarket or neighborhood market with least 5,000 gross interior square feet dedicated to products that shall include each of the following categories: fresh meat, fresh produce, fresh dairy products, baked goods, toiletries, baby food and diapers, cleaning products, paper towels and toilet paper, beverages, canned vegetables and fruits, cooking oils, flour, sugar, and frozen foods. Ground-Level Vantage Point means a position where an object can be viewed at no more than six feet above original grade. Groundcover means material planted in such a way as to form a continuous cover over the ground that can be maintained at a height not more than twelve inches. Group Home means a residential facility home where fewer than sixteen (16) residents in need of care, support, or supervision can live together, such as those who are elderly, disabled, or protected by federal fair housing laws. Guardrail means a strong barrier intended to prevent people from falling off or being hit by something, typically thirty-six inches (36”) to forty-two inches (42”) in height. Guest House means a separate dwelling located on a lot or parcel with one or more main dwelling structures and used for housing of guests or servants, and not rented, leased or sold separate from the rental, lease or sale of the main dwelling. Gym or 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, massage rooms, locker rooms, and showers. Gyms and fitness studios may also cater to children with instruction classes, lessons, and accessible play areas. H Habitable Space means any space within a dwelling dedicated to rooms that are used for living, sleeping, cooking, and eating. Hardscape means elements of the landscape such as sidewalks, pathways, patios, decks, seating areas, drives, and areas for vehicular parking typically constructed from nonliving materials like concrete, boulders, brick, pavers, asphalt, or wood. Hazardous Area means an area that poses a degree of hazard greater than normal to a pedestrian, such as a railroad corridor, irrigation canal, ditch, flood channel, stream, or waterway. ---PAGE BREAK--- Millcreek Code Update Definitions I 473 Heritage Tree means any tree or group of trees that is indigenous to the Wasatch Front, or which has adapted exceptionally well to the Wasatch Front. Historical Importance means marked by or indicative of significant worth or consequence. Historic Preservation Commission (HPC) means the Historic Preservation Commission of Millcreek. Historic District means an area that possesses a significant concentration, linkage, or continuity of sites, buildings, structures, or objects that are historically or aesthetically united by either a plan or physical development. Historic Resource means any building, structure, object, site, or district that may be of historical importance to Millcreek and may or may not be listed on the city’s historic sites list or the historic landmarks register. Historic Site means the location of a significant event where a historic occupation or activity occurred. It may be the site of a building or structure that no longer stands or exists only as a ruin. A site may also include a standing building if the location itself possesses historic, cultural, or archeological value, regardless of the value of any existing structure. Historic Significance means the importance of a property to the history, architecture, archeology, engineering, or culture of a community, State, or Nation. It is achieved in several ways: 1. Associate with events, activities, or patterns 2. Association with important persons 3. Distinctive physical characteristics of design, construction, or form 4. Potential to yield important information Holiday Lighting means string lights, often used in celebration and decoration for holidays. It may also include lighting for decorations that are not string lights during the holidays. Home Daycare or Preschool means an accessory business located within a residential home that, trains, educates and/or supervises, and provides for the care and safety of up to 12 children, subject to the standards as set forth in MKZ 18.72, Special Business Land Use Regulations. Home Business means a business activity based in a dwelling, attached garage, or detached Accessory Structure, including sport courts and swimming pools, located in the rear yard, that is secondary to and in addition to using the structure for dwelling purposes. Hospital means an institution licensed by the State of Utah that 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 that offers any inpatient or overnight care or operates on a twenty-four (24) ---PAGE BREAK--- Millcreek Code Update Definitions I 474 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 for the operation of the hospital. It includes both general acute and specialty hospitals and must be licensed by the Utah Department of Health and Human Services pursuant to the Health Care Facility Licensing and Inspection Act. Hotel or Motel means a non-residential building or group of buildings designed for and occupied by individuals as a temporary dwelling places providing short-term occupancy. Services, including daily housekeeping and upkeep of furnishings, must be provided. Meeting rooms, fitness facilities, recreational facilities, and dining services shall be permitted for accessory uses within the buildings. This definition does not include bed-and-breakfasts. Household means any number of people living together in a dwelling unit and related by blood, marriage, or adoption, including up to three additional people; or one to four people living together in a dwelling. Household Pet means a domesticated animal kept for pleasure rather than utility, including but not limited to birds, cats, dogs, fish, hamsters, mice, ferrets, and other similar animals. Hydrozone means a planting method where plants with similar water needs are grouped and irrigated together for the purpose of using water efficiently. A hydrozone may be irrigated or non-irrigated. I Image means the display of text, numbers or the likeness of an object or living thing of any type on an electronic message center. Image Display Duration means the period of time that an image remains static. Image Transition Duration means the period of time in which one image changes to another on an electronic message center. Impact Fee means a payment of money imposed under Utah Code Ann § 11-36a-101 et seq., Impact Fee Act. Important means marked by or indicative of significant worth or consequence (in reference to historic preservation). Impound and Tow Lot, Salvage Yard, or Junk Yard means a property or structure that is used for impounding vehicles, salvaging materials, or storing junk. Included in Impound, Vehicle Recycling, or Junk Yard: • Impound and Tow Lot means a property or a struc ture that is used for the temporary (less than 30 days) storage of motor vehicles awaiting insurance adjustment, transport to a repair shop, or to be claimed by titleholders or their agents. Impound and Tow Lot does not include the permanent storage of motor vehicles. ---PAGE BREAK--- Millcreek Code Update Definitions I 475 • Salvage Yard means a property or structure that is used for storing, selling, dismantling, shredding, compressing, or salvaging scrap or discarded material or equipment, including automobiles. • Junk Yard means a property or structure that is used for keeping, buying, or selling junk as defined in MKC 9.56.010. Indoor or Outdoor Gun or Archery Range means a practice facility for training and use of guns and archery bows. Inn means a building containing a minimum of six guestrooms, but not more than thirty guestrooms used for accommodations or lodging of guests paying compensation in which no provision is made for cooking in any individual guestroom. J No definitions in this section K Kennel, Indoor or Outdoor (also Pet Boarding) means a shelter for the keeping of dogs and/or cats. L Lattice Tower means a self-supporting multiple sided, open steel frame structure used to support telecommunications equipment. Landslide means a general term for the downslope movement of a mass of soil, surficial deposits or bedrock, including a continuum of processes between landslides, mudflows, debris flows and debris avalanches, and rockfall. Landscaped Area means an entire parcel of real property minus that area encompassed by building footprints, driveways, and the non-irrigated portions of parking lots. Water features and areas improved with walkways, benches, seating areas and similar improvements are included in the calculation of the landscaped area. Land Use Application means a written application to Millcreek, on a form approved by the City, for a decision by the Land Use Authority. For land use applications that involve amending a future land use map or zoning map, or that involve development on a property, the land use application includes an affidavit from all property owners on a form approved by the City, approving the application. Land Use Code means Title 18 and all other applicable provisions. Land Use Hearing Officer means the person, board, commission, agency, or other body designated by ordinance pursuant to Utah Code 10-9a to decide an appeal of a decision of a land use application or a variance. ---PAGE BREAK--- Millcreek Code Update Definitions I 476 Light Pollution means any adverse effect of manmade light. It is used to denote “sky glow” from cities, but it also includes glare, light trespass, visual clutter, and other adverse effects of lighting. Light Source means the fixture that emits light to illuminate an area. Light Service or Repair means the repair and maintenance of small industrial or commercial equipment and personal or household items where there are no nuisances created that could cause detrimental effects to abutting properties and neighborhoods. Light Service or Repair does not include Automobile Service and Repair. Light Trespass means light falling where it is not wanted or needed. Spill light falling over property lines that illuminates adjacent grounds or buildings in an objectionable manner. Limits of Disturbance means the area(s) in which construction and development activity is to be contained, including the development and construction of the principal building, accessory structures, recreation areas, utilities, services, driveways, septic tank drain fields, and related system requirements, storm drainage, and other similar services or improvements. Liquefaction means the process by which certain water-saturated soils lose bearing strength due to earthquake-related ground shaking and the subsequent increase of groundwater pore pressure. Live/Work Unit means a unit that contains separate residential and non-residential areas intended for concurrent use and shares a common wall or floor with direct access between the residential and non-residential areas. Living Screen means a screen façade attached parallel to the building consisting of a metal grid or trellis system designed to support an opaque massing of evergreen plants in a manner that covers or wraps portions of a building, visually shielding and obscuring the building. LocalScapes® means a landscaping approach designed to create locally adapted and sustainable landscapes through a basic 5-step approach (central open shape, gathering areas, activity zones, connecting pathways, and planting beds). Lodging means a commercial establishment providing temporary residence to the general public, with a temporary stay not exceeding thirty (30) days. Terms commonly associated with this use include hotel, motel, and inn. This definition does not include bed-and-breakfasts. Lot means a tract of land, regardless of any label, that is created by and shown on a subdivision plat that has been recorded in the office of the Salt Lake County recorder. Lot Coverage means an area of a lot that contains impervious surfaces. Lot Line Adjustment means a relocation of a lot line boundary between abutting lots. A lot line adjustment does not mean a new boundary line that creates an additional lot, or constitutes a subdivision amendment. ---PAGE BREAK--- Millcreek Code Update Definitions I 477 Lot or Parcel of Record means a lot or parcel of land established in compliance with all laws applicable at the time of its creation and recorded in the office of the county recorder either as part of a recorded subdivision or as described on a deed, having frontage upon a street, a right- of-way approved by the land use hearing officer, or a right-of-way not less than twenty feet wide. Lot Width means the width of the lot measured along the minimum building setback line. Low Impact Development (LID) means stormwater and land use-management that mimics natural hydrologic conditions and emphasizes conservation, use of natural features, site planning and distributed best management practices for stormwater management. LID may include but is not limited to permeable pavement, bioswales, and rain gardens. LUDMA (the Municipal Land Use Development Management Act) means the Utah State Law pertaining to land use codified at Utah Code SectionSection 10-9a-101 et seq. Lumen means a standard measurement of light emitted by a light fixture. The lumen output of a fixture shall be the manufacturer’s published documentation of initial lumens for the fixture. M Main Building means the principal building on a lot. Major Alteration means a change or alteration to a building or historic resource that would destroy the historic integrity, including, but not limited to, changes in the pitch of the main roof, enlargement or enclosure of windows on the principal facades, the addition of upper stories or the removal of original upper stories, covering exterior walls (except adobe) with non-historic materials, moving the historical resource from its original location to one that is dissimilar to the original, or additions which significantly detract from or obscure the original form and appearance of the historic resource when viewed from a public right-of-way. Major Subdivision means a subdivision of four lots or more. Manufacturing, Light means manufacturing conducted predominantly within an enclosed building, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, mixing/blending/compounding, treatment, research, testing, and packaging of such products, and associated services, storage, sales (retail and wholesale), and distribution of such products, which minimizes noise, odors, vibration, hazardous waste materials, waste water runoff, or particulates that could be considered a nuisance to neighboring properties. Material Change in Appearance means a change to a building or historic resource that would affect the exterior architectural or environmental features of a historic resource, such as: ---PAGE BREAK--- Millcreek Code Update Definitions I 478 1. Reconstruction or alteration of the size, shape, or facade of a historic resource, including relocation of any doors or windows or removal or alteration of any architectural features, details, or elements; 2. Demolition or relocation of a historic resource; 3. Commencement of excavation for construction purposes; or 4. The erection, alteration, restoration, or removal of any building or historic resource, including walls, fences, steps, pavements or other appurtenant features, except exterior paint alterations. Mayor means the Millcreek mayor. Minor Subdivision means a subdivision of three lots or less. Mixed Use means the mixing of uses in a vertically-integrated building or in a unified site plan, consisting of commercial uses and residential uses. A vertically-integrated mixed use building consists of commercial uses on the ground story and residential uses on upper stories. Mixed use in a unified site plan consists of separate residential or commercial or vertically-integrated buildings in a site plan that features consistent approaches to lighting, landscaping, signage, building design, and materials use. Mobile Food Vendor means an enclosed retail food truck, trailer, vehicle, or similar vehicle- mounted unit that is: a. A licensed motor vehicle or is capable of being moved by a licensed motor vehicle; b. Independent with respect to water, wastewater, and power utilities; and c. Used for the preparation, sale, or donation of food products and beverages. Mobile Home and Tiny Home means a structure transportable in one or more sections, built on a permanent chassis, and designed for use as a dwelling with or without a permanent foundation when connected to the required utilities. Such structures may be permitted for temporary use in construction work for up to one year. Mobile Home and Tiny Home Park means any plot of ground upon which two or more mobile homes, tiny homes, or combination thereof, occupied for dwelling or sleeping purposes, are located, regardless of whether a charge is made for such accommodation, pursuant to the mobile home/tiny home park ordinance. Monopole Wireless Telecommunication Facility means an antenna or series of individual antennas mounted on a single cylindrical pole exceeding 45 feet in height, as well as associated ---PAGE BREAK--- Millcreek Code Update Definitions I 479 equipment. For the purposes of this Title, if a facility does not fit the definition of a roof- or wall- mounted facility, it shall be considered a monopole facility. Motel see Hotel. Mulch means any organic material such as leaves, bark, wood chips, straw, inorganic material such as crushed stone or gravel, or other materials left loose and applied to the soil surface to suppress weeds and conserve soil moisture. N Neighborhood Retail means a use that occupies a space of less than 5,000 square feet for the sale of goods and supplies. Neighborhood Retail is intended to enhance neighborhood commercial areas by promoting a concentration of businesses that frequently provide goods and services used by local residents with a scale and character that promotes a walk-in clientele. Typical Neighborhood Retail Uses include, but are not limited to: Alcohol and Liquor Sales as a secondary use, Apparel and Accessory Stores, Art and Education Supplies, Bakery, Bicycle Sales and Repair, Book, Magazine, andNewspaper Store, Hardware, Garden Supply, Camera and Photo Supply Store, Convenience Store, Pharmacy, Fabric and Craft Store, Florist, Gift, Souvenir, Grocery Store, Jewelry Sales andRepair, Music Store, Musical Instrument Repair and Sales, Office Supply, Optical Goods, Paint and Wallpaper, Pet and Pet Supply, Restaurant/cafe, Specialty Food Market of all types, Copy Store, Toy Shop. Neighborhood Service means a use that occupies a space of less than 5,000 square feet for the sale of services. Neighborhood services are used frequently by residents with a scale and character that promotes a walk-in clientele. Neighborhood service includes, but is not limited to: Bank or other Financial Services, Catering, Child or Pet Day Care,, Light Service and Repair, Adult Care Facility, Eating and Drinking establishments, Fitness, Dance Studio, Aquatics, Framing, Home Furniture and Equipment Repair, Locksmith, Mailing Services, Pet Grooming, Photocopying and Printing, Photography Studio and Supplies, Shoe Repair, Tailor and Seamstress, Travel Agency, Veterinarian, and small dental or medical offices. Non-Buildable Area means a portion of a site where an engineering geology report concluded may be impacted by geologic hazards that cannot be feasibly mitigated to a safe level and where the siting of structures is not permitted. Nonconforming Lot means a lot that does not conform to the regulation of this Title, but which was in existence in the effective date of the ordinance codified in this Title. Nonconforming Use means a use of land that legally existed before its current land use designation, has been maintained continuously since the time the land use ordinance governing the land changed, and because of one or more subsequent land use ordinance changes, does not conform to the regulations that now govern the use of the land. ---PAGE BREAK--- Millcreek Code Update Definitions I 480 Noncomplying Structure means a structure that legally existed before the structure's current land use designation, and because of one or more subsequent land use ordinance changes, does not conform to the setback, height restrictions, or other regulations, excluding those regulations, which govern the use of land. Non-Depository Financial Institution means a business, other than a Financial Institution, which is registered by the state of Utah pursuant to the Check Cashing and Title Lending Registration Act. Included in Non-Depository Institutions: • 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. Nursing Home or Assisted Living means an establishment where people are lodged and furnished with meals, assistance, and/or nursing care. O Office means a place where business transactions for a profession occur, including service, industry, or government transactions. Office uses include but are not limited to: Architecture/Engineering/Design, Building Contractor (office only), Business Consulting Charitable Institutions, Computer Programming and Support, Detective Services, Employment Agency, Financial and Insurance Government Offices, Legal Services, Management Services, PR and Advertising, Property Development, Radio and TV Studio, Real Estate, Recording and Sound Studio, Research and Development, Research Agency, Surveying. This definition of office use excludes medical and dental office uses. ---PAGE BREAK--- Millcreek Code Update Definitions I 481 Outdoor Display means a display of goods associated with a retail business outside the building that houses the retail use. Outside Storage means areas on a lot that open to the sky and used for storing items or shipping containers related to the business conducted on the premises. Owner means the plural and the singular, and may mean either a natural person, firm, association, partnership, private corporation, public or quasi-public corporation, or any combination thereof. P Parcel means any real property that is not a lot. Parcel Line Adjustment means a relocation of a parcel line boundary between abutting poarcels. A parcel line adjustment does not mean a new boundary line that creates an additional parcel, or constitutes a subdivision or subdivision amendment. Park Strip means a typically narrow landscaped area located between the back-of-curb and sidewalk. Parking Lot or Parking Garage, Commercial means a stand-alone parking facility where spaces are rented or leased for a fee, typically to the general public. They can be privately or publicly owned but are operated for profit. Parking Lot, Public means a stand-alone parking facility open to the public and not operated for profit. These are typically owned and managed by the City. Parking Garage, also known as a parking structure or parking deck, means a multi-level structure designed to maximize parking capacity vertically rather than horizontally. Depending on their use, parking garages can be either commercial or noncommercial Parking, Shared means joint use of a parking lot or parking area for more than one principal use. Parking Space means a space within a parking lot or garage dedicated to temporarily storing one vehicle. Paths means a designed pedestrian route(s) between landscape areas and features. Pawn Shop means an establishment regulated pursuant to Utah Code Section 13-32a-101 et seq. that offers loans secured by personal property and sells merchandise. Personal Service means an establishment that primarily provides 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. ---PAGE BREAK--- Millcreek Code Update Definitions I 482 Pharmacy means a retail use where drugs are processed, handled and dispensed to patients and where pharmaceutical care is provided. Permeable Pavement means Pervious Surface means a layer through which water and air may freely migrate. Planning Commission means the Millcreek Planning Commission. Planning Director means the City’s Planning and Zoning Director or designee(s). Planting Bed means landscape areas that consist of plants, such as trees, ornamental grasses, shrubs, perennials, and other regionally appropriate plants. Plats means preliminary and final plats required as part of the subdivision process. Pop-Up Market and Farmer’s Market means a temporary retail store or a location where producers can sell retail goods and agricultural products. Pop-Up Markets and Farmer’s Markets operate for a limited time in a specific location. Positioning means placing a historical resource on a property or its placement relative to other structures and/or landmarks in the general vicinity. Preliminary Approval means an approval, with or without recommended alterations, given to a preliminary plat by the Planning Commission and provides the necessary authority to proceed with the preparation and presentation of the final plat. Preliminary Plat means a map or plan of a proposed land division or subdivision. Private Rights-Of-Way means any street or lane retained and maintained under the ownership of private individuals and intended for private use. Private Recreation Facilities means a privately owned facility designed to provide recreational and social activities for its users and may include golf courses, stables, tennis courts, sport courts, swimming pools and buildings directly related to and supportive of the recreational activities. Proximate Neighborhood means the lots within a 200’ radial distance from the subject property boundary,as measured from the nearest property lines. Public Park means a park, playground, swimming pool, golf course or athletic field that is under the control, operation, or management of the state, a state agency, the county, or a municipality. Public Rights-Of-Way means streets dedicated for perpetual public use and are administered by the governing entities in which they are located. ---PAGE BREAK--- Millcreek Code Update Definitions I 483 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 includes uses such as parks, playgrounds, and other recreational facilities, administrative and service facilities, and public utilities. Q No definitions in this section R Rain Garden means Reasonable Accommodation means a change in any rule, policy, practice, or service necessary to afford a person with a disability an equal opportunity to use and enjoy a dwelling. The following words have the following definitions: • Reasonable means that a requested accommodation will not undermine the legitimate purpose of existing zoning regulations, notwithstanding the benefit that the accommodation will provide to a person with a disability. • Necessary means that the applicant must show that, without the accommodation, one or more persons with a disability would be denied an equal opportunity to enjoy the housing of their choice. • Equal Opportunity means achieving equal results between a person with a disability and a nondisabled person. Reception or Event Center means a commercial or non-profit facility that can be rented to accommodate groups of people for entertainment, conferences, weddings, and similar activities. Recreational Vehicles (RVs) means motor vehicles or trailers with living space for traveling, camping, or daily living. These may include campers, travel trailers, or motor homes. Reconnaissance Level Survey means a visual evaluation of a large portion of properties in a community for the purpose of providing a “first cut” of buildings that may, based on their age and integrity, be eligible for listing in the National Register of Historic Places. The evaluation rating of potential sites and historic resources shall be given one of the following ratings: • Eligible/Significant: built within the historic period and retains integrity; excellent example of a style or type; unaltered or only minor alterations or additions; individually eligible for National Register of Historic Places under criterion also, buildings of known historical significance. • Eligible: built within the historic period and retains integrity; good example of a style or type, but not as well-preserved or well-executed as buildings; more substantial alterations or additions than buildings, though overall integrity is retained; eligible ---PAGE BREAK--- Millcreek Code Update Definitions I 484 for National Register of Historic Places as part of a potential historic district or primarily for historical, rather than architectural, reasons. • Ineligible: built during the historic period but has undergone major alterations or additions; no longer retains integrity. • Out-of-period: constructed outside the historic period. Rehabilitation/Treatment Facility means a free-standing facility licensed or contracted by the state of Utah to provide temporary occupancy and supervision of adults or juveniles to provide rehabilitation, treatment, or counseling services. Without limitation, such services may include rehabilitation, treatment, counseling, or assessment and evaluation services related to delinquent behavior, alcohol and drug abuse, conditions resulting from alcohol or drug abuse, sex offenders, sexual abuse, or mental health. Associated education services may also be provided to juvenile occupants. A rehabilitation/treatment facility does not include a residential facility for persons with a disability. Religious Assembly means any church, synagogue, mosque, templen or building used primarily for religious worship and related religious activities. Residential Facilities 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 Health and Human Services as a Human Services Program or Facility as regulated under Utah Code SectionSection 26B-2-1-101 et seq. or as a Health Care Facility as regulated under Utah Code SectionSection 26B-2-1-201 et seq. Residential Zone Boundary means the boundary between an A, R-1, R-2, or R-4 zone district, and any other zone district. Retail Food Truck, means a mobile food vendor located within a mobile truck that may move to various locations in the City and has Salt Lake County Health Department approvals and a Millcreek business license and other permits. Retail Sales means 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 and accessory stores, art and craft supplies, book stores, hardware, garden supplies, camera and photo supply stores, convenience stores, pharmacies, gift shops, souvenir stores, grocery stores, office supplies, optical goods, paint and wallpaper, pet supplies, specialty food markets of all types, copy stores, toy shops, automotive supplies (no service), department stores, gun shops, home furnishings and accessories sales, rental supplies, medical supplies, heating, air conditioning and plumbing supplies, cabinet supples (display only), machine sales and rentals, agriculture equipment and supplies, and electrical supplies. Retail Tobacco Specialty Business means a commercial establishment regulated under Utah Code Section10-8-1-41.6 and in which: ---PAGE BREAK--- Millcreek Code Update Definitions I 485 A. sales of tobacco products, electronic cigarette products, and nicotine products account for more than 35% of the total quarterly gross receipts for the establishment; B. 20% or more of the public retail floor space is allocated to the offer, display, or storage of tobacco products, electronic cigarette products, or nicotine products; C. 20% or more of the total shelf space is allocated to the offer, display, or storage of tobacco products, electronic cigarette products, or nicotine products; D. the commercial establishment: 1. holds itself out as a retail tobacco specialty business; and 2. causes a reasonable person to believe the commercial establishment is a retail tobacco specialty business; or E. the retail space features a self-service display for tobacco products, electronic cigarette products, or nicotine products. Retaining Wall means a wall or other retaining structure or system designed to provide lateral support of soil, water or other materials, that does not provide vertical support for structural elements of a building and has any portion of its exposed face inclined steeper than one horizontal to one vertical. This definition shall include concrete walls, crib and bin walls, reinforced or mechanically stabilized earth systems, anchored walls, soil nail walls, multi-tiered systems, rockery walls, or other retaining structures. Review Cycle means the occurrence of the applicant's submittal of a complete Regular Residential Subdivision application, the City’s review of that Regular Residential Subdivision application, the City's response to that Regular Residential Subdivision application, and the applicant's reply to the City's response that addresses each of the City’s required modifications or requests for additional information. Ridgeline means an area of topographical change, running parallel to a slope with at least a twenty foot (20’) rise over a sixty foot (60’) wide area on one side of the ridge and extending for at least three hundred feet (300’). Riparian Buffer means the transitional area between wetland and upland, naturally characterized by a unique plant community that provides natural filtering for runoff into wetlands. Rockery Wall means a retaining wall that consists of earth retaining and/or protection structures comprised of interlocking, dry-stacked rocks without mortar or steel reinforcement. Rockfall means a rock or mass of rock, newly detached from a cliff or other steep slope that moves downslope by falling, rolling, toppling, or bouncing; it includes rockslides, rockfall avalanches, and talus. ---PAGE BREAK--- Millcreek Code Update Definitions I 486 Roof-Mounted Wireless Telecommunication Facility means an antenna or series of individual antennas mounted on a flat or pitched roof, mechanical room or penthouse of a building or structure. It also includes associated equipment. S Scale means the distinctive relative size, extent, or degree of a historic resource. Scintillate or Scintillating means light flashes, light sparkling, light starbursts, light twinkling, light pulsating or any other image transition effect or animation in which an image instantly and repeatedly changes for the purpose of attracting attention. Schools, Public and Private means an institution where formal learning or education is conducted. This definition shall include kindergartens, elementary schools, junior high schools, middle high schools, senior high schools, or any special institution of learning under the jurisdiction of the State Department of Education, but may not include home occupations represented as schools, trade schools, charm schools, dancing schools, music schools or similar limited schools, nor public or private universities or colleges. Secondhand Store means a store that sells general merchandise, military surplus, or sells or processes precious metals or gems. Self-Storage Facility means a building used exclusively for storing personal or business-related items/property including mini-storage units, neighborhood storage, or temperature-controlled storage facilities Sensitive Lands or Sensitive Lands Area means various geologic and physical land features that impact the built and natural environments in ways that require additional study and solutions to mitigate potential development and environmental issues and are generally identified on the adopted Sensitive Lands map. Service Animal means an animal trained to perform a task directly related to a person’s disability. Setback means an area where the construction of structures or critical facilities is not permitted. For development where right-of-way dedication is required, setbacks abutting a right-of-way are measured from the new right-of-way line established after dedication. Sexually Oriented Business means any business for which a sexually oriented business license is required as an adult business, nude entertainment business, or as a seminude dancing bar, pursuant to the sexually oriented business licensing requirements in the Millcreek Municipal Code. Short-Term Loan Service means a facility where loans are given for a period of one year or less such as payday loans, car title loans, or similar. ---PAGE BREAK--- Millcreek Code Update Definitions I 487 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. Significant means having or likely to have influence and effect. Sign means and includes every advertising message, announcement, declaration, demonstration, display, illustration, light display, insignia surface or space erected or maintained in view of the observer thereof for identification, advertisement, or promotion of the interests of any person, entity, product, or service. "Sign" also includes the sign structure supports, lighting system and any attachments, ornaments or other features used to draw the attention of observers. Sign, A-frame means a sign constructed of wood, plastic, or metal, have a solid surface for written advertising with two sides not exceeding 6 square feet on a side attached at the top to allow the sign to stand in an upright position weighted or anchored sufficiently at the bottom to prevent blow overs and to be movable at will. Sign Alterations means a change or rearrangement in the structural parts or design whether by extending on a side, increasing in area or height, or relocating or changing position. Sign, Animated means a sign which induces motion or rotation of any part by mechanical or artificial means or subdued color changes. An animated sign is not an EMC sign. Sign Animation means simulated movement created by the display of a series of pictures or images, creating the illusion of movement. Sign, Awning means a sign designed in awning form that is an illuminated or nonilluminated space frame structure attached to a building or other permanent structure. Sign, Balloon means a temporary sign attached to real or personal property that affects or attracts attention to an object or site. Sign, Beacon Light or Searchlight means: 1. Any light with one or more beams, capable of being directed in any direction or directions, or capable of being revolved automatically, or 2. A fixed or flashing high-intensity light, such as a spotlight, a floodlight, or a strobe light. Sign, Billboard means a free-standing ground sign with a sign face of at least one hundred twenty eight (128) square feet in area and with a height of at least thirty feet (30’) , or a pole sign regulated under the Utah Outdoor Advertising Act or the Municipal Land Use, Development, and Management Act. Billboards are supported by a substantial permanent monopole or bipole support structure. Billboards are typically owned by nongovernmental entities or leased separately from the principal buildings or uses on the property upon which they are located and are larger and/or taller than any sign expressly permitted by this title. ---PAGE BREAK--- Millcreek Code Update Definitions I 488 Sign, Blower Machine means a fan or mechanism that can move air under pressure. Used to provide air for certain processes. Sign, Construction/Development means a sign located on a lot where construction or proposed development activities actively conducted and not permanently attached to a structure of the ground. Sign, District means a ground sign located on City-owned property that is owned and operated by the City, or by a third-party entity under an agreement with the City. Sign, Electronic Message Center, or "EMC" means a mechanism or device that uses a combination of lights, or lighted or unlighted panels which are controlled electrically with software and electronically to produce words, symbols, pictures, or messages that may change within a given panel area. Sign, Embellishment, Cut-out or Extension means an extension of the billboard resulting in increased square footage as part of an artistic design to convey a specific message or advertisement. Sign, Existing Billboard means a billboard that is either constructed, or for which an application for a land use permit was received and approved by the planning and development services division and state authorities, where necessary, prior to May 18, 2004. Billboards that have received prior approval from the City at a particular location must be approved by the state by June 2, 2005. If no state approval is given, the City approval shall expire on said date, and the permit shall become null and void. Sign, Fade means an image transition effect accomplished by varying the intensity of the image, where the first image gradually reduces intensity to the point of not being legible and the subsequent image gradually increases intensity to the point of legibility. Sign, Flag means an item made of cloth or similar material, typically oblong or square, attachable by one edge to a pole or rope and used as the symbol or emblem of a country or institution. Sign, Feather means a temporary sign independently standing or attached to a structure with a vertical banner. Sign, Flashing Sign means a sign that has or appears to have motion or rotation of the lighting elements or displays flashing or intermittent light for less than two seconds. Sign, Flat/Wall means a sign erected parallel to and attached to the outside wall of a building and extending not more than twenty-four inches from such wall with messages or copy on the face side only. Sign, Ground/Pole means a sign supported by a fixed permanent frame/pole support in the ground. Sign, Iconic means a sign with significant historical character athat has functioned as a landmark in the City and is specifically included in the iconic sign section of this chapter. ---PAGE BREAK--- Millcreek Code Update Definitions I 489 Sign Illuminance means the photometric quantity most closely associated with the perception of brightness and a measurement of the intensity of light falling on a surface at a given distance from the light source. Sign, Illuminated means a sign which has characters, letters, figures, designs, or outlines illuminated by internal electric lights or luminous tubes. Sign, Inflatable means an object or sign that is filled with air before use. Sign, Interior means a sign located within a building so as to be primarily visible only from within the building in which the sign is located. Sign, Mobile means a sign mounted on trailer or frame, lighted or unlighted, which is not permanently attached to a structure or the ground. Sign, Monument means a low-profile sign that is incorporated into the landscape or architectural design scheme where the sign is located. Sign, Nameplate means a sign indicating the name and/or occupation of a person legally occupying the premises or indicating a legal home occupation thereon. Sign, Nonconforming Billboard means an existing billboard that is located in a zoning district or otherwise situated in a way that is not permitted by the provisions of this chapter. Sign, Nonconforming or Sign Structure, Nonconforming means a sign or sign structure or portion thereof lawfully existing at the effective date of this chapter or any amendment hereto has been maintained continuously, and because of one or more subsequent changes to this chapter does not conform to regulations that now govern the sign. Sign, Pan Channel Letters are custom-made metal or plastic letters commonly used in exterior, and often internally illuminated. Sign, Pedestal means a temporary and/or movable sign supported by a column(s) and a base so it can stand upright. Sign, Projecting/Blade means a sign attached to a building or canopy and extending in whole or part more than twenty-four inches beyond any wall of the building or canopy. Sign, Property means a sign located on a property being sold, leased, or not offered for public access. Sign, Roof means a sign that is erected on and attached partly or wholly on a building’s roof. Sign, Service means a sign that is incidental to a use lawfully occupying the property upon which the sign is located and which sign is necessary to provide information to the public, such as directions to parking lots, location of restrooms, entrance and exits, etc. Sign Area means the area of a sign used for display purposes, excluding the minimum frame and supports. In computing sign area, only one side of a back-to-back or double-faced sign shall be computed when signs are parallel or diverge from a common edge by an angle of not more than forty-five degrees. In relation to signs that do not have a frame or a separate ---PAGE BREAK--- Millcreek Code Update Definitions I 490 background, the sign area shall be computed on the basis of the least rectilinear line with a maximum of eight sides, triangle, or circle large enough to frame the display. Sign areas in the shape of a sphere, prism, cylinder, cone, pyramid, square or other such shapes shall be computed as one-half of the total surface area. Sign Maintenance means that signs shall be maintained in a safe, presentable, and good condition, including replacing defective parts, repainting, removing rust, replacing or removing empty frames, cleaning and other acts required to maintain the sign. “Good condition” means signs may not display rust, peeling paint, broken parts, discoloration, bent metal frames, or empty or broken panels. Sign Setback means the minimum distance that any portion of a sign or sign structure shall be from any street right-of-way line. Sign Structure means anything constructed or erected to support a sign that requires a location on or below the ground or is attached to something having a location on or below the ground. Sign, Snipe means a sign attached to a public utility pole, light fixture poles, canopy supports, or the supports for another sign. Sign, Static means no motion of any type or form. Sign, Streamers/Pennants means decorations made from paper, cloth, canvas, light fabric, plastic, or other light materials used to decorate a property or building. Sign, Temporary means a sign constructed of paper, cloth, canvas, light fabric, cardboard, wallboard, or other light materials, with or without frames, and is restricted to section 19.82.140 of this title. Sign, Temporary window means a temporary sign located on or within the window of a building. Sign, Time and Temperature Device means any mechanism that displays the time and/or temperature but does not display any commercial advertising or identification. Sign, Window means a sign attached and located on a window that is visible from outside the building through a window or door. Sign, Yard means a temporary sign placed upon or supported by the ground independently of any other sign on the property. Site Plan means a drawing that shows existing and proposed property lines with dimensions, and the specific locations of all structures and proposed structures, including accessory structures, required parking and landscaping improvements, documented easements, location of existing and proposed utilities, and any designated sensitive lands. Slope Stability means the resistance of a natural or artificial slope or anotherinclined surface to failure by land sliding, usually assessed under both static and dynamic (earthquake-induced) conditions. ---PAGE BREAK--- Millcreek Code Update Definitions I 491 Small Wireless Facility means a type of wireless facility that meets the following criteria: A. on which each wireless provider's antenna could fit within an enclosure of no more than six cubic feet in volume,. and B. for which all wireless equipment associated with the wireless facility, whether ground-mounted or pole-mounted, is cumulatively no more than 28 cubic feet in volume, not including any: 1. electric meter; 2. concealment element; 3. telecommunications demarcation box; 4. grounding equipment; 5. power transfer switch; 6. cut-off switch; 7. vertical cable run for the connection of power or other service; 8. wireless provider antenna; or coaxial or fiber-optic cable that is immediately adjacent to or directly associated with a particular collocation, unless the cable is a wireline backhaul facility. Sport Court means an outdoor court constructed of a hard surface and designed for athletic or recreational purposes. Sport courts can be surrounded by fencing. Stable, Private means a detached accessory building for the keeping of horses owned by the occupants of the premises, and not kept for remuneration, hire or sale. Stable, Public means a stable other than a private stable. Stealth Wireless Telecommunication Facility means a wall, roof, or monopole facility disguised as another object or otherwise concealed from view. Examples of stealth facilities include, but are not limited to, trees, rocks, or architectural elements such as dormers, steeples, and chimneys. Stepback means a required setback of a building face to minimize the impact of the building’s height. Story means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a usable or unused underfloor space is more than six feet above grade for more than fifty percent of the total perimeter or is more than twelve feet above grade at any point, such usable or unused underfloor space shall be considered as a story. Story, First means the lowest story in a building which qualifies as a story, except that a floor level in a building having only one floor level shall be classified as a first story, provided such ---PAGE BREAK--- Millcreek Code Update Definitions I 492 floor level is not more than four feet below grade for more than fifty percent of the total perimeter, or not more than eight feet below grade at any point. Story, Half means a story with at least two of its opposite sides situated in a sloping roof, the floor area of which does not exceed two-thirds of the floor immediately below it Street means a thoroughfare which has been dedicated or abandoned to the public and accepted by proper public authority, or a thoroughfare, not less than twenty-five feet wide, which has been made public by right of use and which affords the principal means of access to abutting property. Street Right-of-Way Line means the location where a property meets a street right-of-way as indicated by the adopted Transportation Master Plan or as determined by the City Engineer. Streetscape means the appearance of the full public right-of-way, possibly including the setback areas and the adjacent buildings. Stream, Ephemeral means those channels, swales, gullies, or low areas that do not have flow year-round or are not shown on United States Geological Services (USGS) topographic maps as perennial streams. These are generally channels that are tributary to perennial streams, other ephemeral streams, terminal low areas, ponds, or lakes. They are typically dry except during periods of snowmelt runoff or intense rainfall. Stream, Perennial means those streams, excluding ephemeral streams, or ditches and canals constructed for irrigation and drainage purposes, which flow year-round during years of normal rainfall, and that are identified on the appropriate United States Geological Services (USGS) topographic maps as perennial streams. Stream Corridor means the corridor defined by a perennial stream’s ordinary high water mark. Street Light means a raised light installed within or adjacent to the street right-of-way that is turned on or lit at a certain time every night. Modern lamps may also have light-sensitive photocells that turn on at dusk and off at sunrise or activate automatically in inclement weather. Street Tree means a tree located in the landscaped area within or adjecent to a public right-of- way. These are located between the sidewalk and the street curb, or where there is no sidewalk present, they are located along the right of way. Structure Designed for Human Occupancy means any residential dwelling or other structure used or intended for supporting or sheltering any human occupancy. Subdivision means any land that is divided, re-subdivided or proposed to be divided into two or more lots, parcels, sites, units, plots, or other division of land for the purpose, whether immediate or future, for offer, sale, lease, or development. Subdivision does not include a bona fide division or partition of agricultural land for agricultural purposes, provided that such agricultural land shall be subject to the requirements of the subdivision ordinance upon the ---PAGE BREAK--- Millcreek Code Update Definitions I 493 conversion of the land from agricultural use to residential, commercial, or manufacturing use. Further, this definition may not apply to the sale or conveyance of any parcel of land which may be shown as one of the lots of a subdivision of which a plat has theretofore been recorded in the office of the Salt Lake County recorder. The word “subdivide” and any derivative thereof shall have reference to the term subdivision as defined in this Title. Subdivision Amendment means an amendment to a recorded subdivision that alters the outside boundary of the subdivision, alters a public right-of-way, a public easement, or public infrastructure within the subdivision, or alters a common area or other common amenity within the subdivision. Subdivision Application means a land use application for the subdivision of land. Subdivision Improvement Plan means the civil engineering plans associated with required infrastructure improvements and municipally controlled utilities required for a subdivision. Subdivision Ordinance Review means review by a municipality to verify that a subdivision application meets the criteria of the municipality's ordinances. Subdivision Plan Review means a review of the applicant's subdivision improvement plans and other aspects of the subdivision application to verify that the application complies with City ordinances and applicable installation standards and inspection specifications for infrastructure improvements. Subdivision, Regular Residential means a residential subdivision limited to single-household dwellings, two-household dwellings, or townhomes that does not include property affected by a geologic hazard identified on the adopted Sensitive Lands Map. Subdivision Requirements Checklist means the Subdivision Requirements Checklist that is approved by the Millcreek City Council and is updated from time to time by the Planning Director. Surface Fault Rupture means ground displacement when the earth’s suface visibly shifts due to an earthquake. T Temporary Use means a use or structure on improved or unimproved land which is of impermanent nature and is used for less than one hundred and eighty (180) days in a calendar year. Terraced Retaining Wall System means a configuration of two or more retaining walls arranged on a slope in a stepped or tiered manner. This system functions as a single structural unit to stabilize the slope, manage soil erosion, and enhance the landscape's usability and aesthetic appeal. ---PAGE BREAK--- Millcreek Code Update Definitions I 494 Total Landscaped Area means improved areas of the property that incorporate all the completed landscape features. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, and other non-irrigated areas intentionally left undeveloped. Truck Transfer Facility means a facility serving as a transfer or trailer storage point for a trucking company, including associated offices, parking, and maintenance facilities. Turfgrass or Turf means grasses that form a uniform low-growing cover that can tolerate traffic and mowing. Trails means a system of designated public recreational pathways within the city for walking, biking and/or horseback riding. Transit Station means a covered passenger boarding facility with platform(s), that may include a waiting room, ticket office or machines, restrooms, or concessions. Transparent or Transparency means the property of a window or material that allows light to pass through it without scattering. Objects behind a transparent material are readily identifiable. Transparent materials have a uniform index of refraction, and appear clear or a single color. Frosted or opaque windows are not considered transparent. U Unified Site Plan means a mixed use site plan consisting of separate residential and commercial or vertically-integrated buildings that features consistent approaches to lighting, landscaping, signage, building design, and materials use. Unshielded Fixture means a light fixture that allows light to be emitted above the horizontal plane either directly from the lamp or indirectly from the fixture or reflector. Includes any fixture that is not fully shielded. V Vacant Lot or Vacant Parcel means a lot or parcel that does not have a building or structure on it, or that has been cleared of buildings or structures for at least one year. Variance means a waiver of specific regulations of this title in accordance with the provisions set forth in this title to assure that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same zone. Veterinary Clinic means a neighborhood service use that provides diagnosis and medical treatment for cats, dogs, or other domestic animals, including surgical procedures, and may also include overnight accommodation within a building on premises for treatment, observation and recuperation. Video means simulated movement created by the display of a series of images creating the illusion of continuous movement. ---PAGE BREAK--- Millcreek Code Update Definitions I 495 Village Center means a smaller center that include a mixture of neighborhood scale commercial and residential buildings. W Wall-Mounted Wireless Telecommunication Facility means an antenna or series of individual antennas mounted against the vertical wall of a building or structure. It also includes associated equipment. Warehouse means a structure or building that stores raw, in-process and finished materials. Warehouses may include retail and wholesale activities. Warehouses do not produce noise, odors, vibrations, hazardous waste materials, or particulates that negatively affect neighboring properties Water Efficiency means techniques to ensure more efficient water consumption in establishing and maintaining landscape improvements. Weed means a wild, invasive, nuisance plant that does not enhance a landscaped area or invade poorly maintained areas. Wildland Urban Interface means the line, area or zone where structures or other human development (including critical infrastructure that, if destroyed, would result in hardship to communities) meet or intermingle with undeveloped wildland or vegetative fuel. Wireless Telecommunication Facility means an unmanned structure consisting of equipment used primarily for transmitting, receiving, or transferring voice or data through radio waves or wireless transmissions. Such sites typically require the construction of transmission support structures to which antenna equipment is attached. X Xeriscape means a landscape method or area that utilizes creative, natural approaches for constructing low maintenance, water efficient, and sustainable landscapes. It includes the use of native and drought-tolerant plants that are intended to conserve water and reduce the reliance on chemical fertilizers. Y Yard means an open space on the same lot or parcel with a building unoccupied or unobstructed from the ground upward, except as otherwise provided in this title. Yard, Front means the minimum horizontal distance between the street front lot or parcel line and the front foundation of the building. Corner lots or parcels may have two front yards depending on the zoning district. Yard, Side means the yard between the building and the side line of the lot or parcel and extending from the front yard to the rear yard. ---PAGE BREAK--- Millcreek Code Update Definitions I 496 Yard, Rear means an open, unoccupied space on the same lot or parcel as a building, measured from the rear line of the building (exclusive of steps), and the rear lot line, and extending for the entire width of the lot or parcel. Z Zoning Map means the zoning map or maps of Millcreek, Utah, adopted as part of a land use ordinance, depicting land use zones, and/or overlays. Zoning Ordinance means the zoning map or maps of Millcreek, Utah, adopted as part of a land use ordinance, which depicts land use zones, or overlays.