Document Millcreek_doc_2b52991e8a

1 Millcreek City Hall 1330 East Chambers Ave Millcreek, Utah 84106 millcreekut.gov Planning & Zoning (801) 214-2700 [EMAIL REDACTED] ZT-24-001 City Council Staff Report Meeting Date: 5/28/2024 Applicant: Millcreek Re: Recommendation to the Millcreek City Council regarding adoption of ordinance ZT-24-001 Accessory Dwelling Units Zone: R-1 & A Zones Prepared By: Sean Murray, Planner Scope of Decision: Discretionary. This is a legislative matter, to be decided by the Millcreek City Council upon receiving a recommendation from the Community Councils and the Millcreek Planning Commission. REQUEST AND SYNOPSIS Staff is requesting amendments to Title 19 updating definitions, regulations, and standards for Accessory Dwelling Units (ADUs). Chapter 19.89 of the Millcreek Zoning Code (MKZ) sets standards for ADUs within the City. Staff is recommending changes to 19.89 that should make ADUs easier to obtain for residents. Pursuant to §19.90.010 of the Millcreek Code, the City Council may amend the number, shape, boundaries or area of any zone or any regulation within any zone. Any such amendment shall not be made or become effective unless the same shall have been proposed by or be first submitted for the recommendation of the relevant planning commission. Text amendments go to all Community Councils and Planning Commission before being reviewed by the City Council. These meetings were held in the first half of May 2024. All community councils and the Planning Commission voted to approve the proposed ADU code changes with a few recommended changes to the ordinance. More information on these recommendations can be found in the ‘Community Council Recommendations’ and ‘Planning Commission Recommendation’ section of this document. ---PAGE BREAK--- 2 Millcreek City Hall 1330 East Chambers Ave Millcreek, Utah 84106 millcreekut.gov Planning & Zoning (801) 214-2700 [EMAIL REDACTED] GENERAL PLAN CONSIDERATIONS The Millcreek General Plan lays out goals and strategies that address increasing housing stock and affordability. These goals and strategies are listed below, each with a summary describing how the proposed ADU ordinance achieves the goals set out in the General Plan for this area. CHOICE. GOAL N–2: Strive for a variety of housing choices in types, styles, and costs of housing throughout Millcreek. Strategy 1.1: Consider Citywide and/or identify appropriate locations and standards that could allow for accessory dwelling units (ADUs), tiny homes, and small homes in Millcreek as a means to offer more housing choices. Consider initially allowing for interior ADUs (mother-in-law apartments) as a strategy to evaluate ADU impacts and compatibility in selected locations. Consider 2300 East as an area to test the compatibility of allowing accessory dwelling units, using 1100 East in Salt Lake City as a template. Strategy 1.5: Promote the maintenance and improvement of the existing housing stock and allow for remodeling, expansion, and additions as appropriate in the area to accommodate the changing sizes and varieties of household types. Strategy 1.6: Support a diverse supply of accessible housing to meet the needs of older adults and people with disabilities, especially in centers and other places which are in close proximity to services and transit. The proposed ordinance helps reduce barriers to building new ADUs within Millcreek. ADUs allow for residents to access additional rental income, provide housing for family members, and increase property values. As residents age, ADUs can help citizens age in place and allow for multi- generational families to live on the same property. INFILL. GOAL GP-9: Support complementary infill development and land use investment in the mature and developed areas of the city. Strategy 9.5 Evaluate zoning regulations for opportunities to be more streamlined and flexible regarding infill, redevelopment, and mixed-use development, especially in older, underutilized commercial areas. Since Millcreek is a largely built out City, infill development is paramount for addressing housing affordability and access. Streamlining ADU processes and standards will help citizens conduct small scall infill around Millcreek. MOVING FORWARD The Millcreek General Plans Chapter 4: Moving Forward, lays out how implementation of specific goals should be done to ensure that clear and realistic outcomes can be achieved. Section 4.1.2: Vibrant Gathering Places, specifically calls out how Millcreek needs to address land use concerns that are pervasive around the City. This section defines a strategy, and what Millcreek must do to implement these strategies. ---PAGE BREAK--- 3 Millcreek City Hall 1330 East Chambers Ave Millcreek, Utah 84106 millcreekut.gov Planning & Zoning (801) 214-2700 [EMAIL REDACTED] One of the listed strategies within the 4.1.2: Vibrant Gathering Places section states, “Create or allow for, and reduce regulations related to, internal or detached accessory dwelling units (ADU) in residential zones” with implementation strategies being, “Carefully monitor and track ADU building permit applications. Explore barriers that keep homeowners from constructing detached ADUs.” and, “Continue monitoring ADU applications and explore, where feasible, opportunities for reducing ADU regulations by 2027.” Updating the ADU ordinance falls in line with these implementation strategies by decreasing barriers surrounding new ADU permitting as well as reducing overall ADU regulations before 2027. PROPOSED ORDINANCE AMENDMENTS Attached to this staff report is a proposed draft of the updated Accessory Dwelling Unit (ADU) ordinance with redlines highlighting the changes sought by the Millcreek Planning Commission. A summary of the proposed changes is discussed below: The proposed changes to the ADU ordinance largely focus around removing barriers that have restricted residents from pursuing ADUs on their property. The largest barrier residents face is based on the size of a detached ADU they can build. The current ADU ordinance states that, “The total area of an ADU shall not exceed fifty percent (50%) of the square footage of the habitable area of the building footprint of primary residence and in no case exceed eight hundred fifty (850) square feet.” What this section effectively does is punish residents with smaller homes when they want to build a detached ADU. Staff has seen this one particular regulation stop numerous attempts at building detached ADUs in Millcreek. Staff is proposing this language be replaced with, “The size of the ADU cannot exceed the gross square footage of the existing main building footprint and can be up to maximum of 1000 sq ft, whichever is less.” This change will ensure that an ADU does not become larger than the principal structures footprint and allows for construction of a larger ADU for residents. Increasing the max size of an ADU makes detached ADUs more financially feasible and allows for more suitable living conditions for those who reside in an ADU. Another frequent barrier residents face when trying to construct a detached ADU is the rear yard lot coverage requirement. Currently, code limits a detached ADU to not exceed more than 25% of the rear yard area. Staff are proposing to remove this rule and let the total lot coverage rule dictate how much space a detached ADU may take up. This is an easier standard to apply and understand by residents than the current rear yard coverage requirement. Staff are also proposing removing the lot size minimum regulation for internal and attached ADUs. Currently, no property below 6,000 square feet is permitted to have an ADU of any sort. This regulation prohibits property owners with smaller lots from accessing the benefits of what an ADU can bring for residents. The Millcreek Planning Commission felt that this rule should stay in place largely due to the issues of parking that may arise when a smaller property is allowed an internal ADU. The property size minimum of 8,000 square feet for detached ADUs will remain in place. ---PAGE BREAK--- 4 Millcreek City Hall 1330 East Chambers Ave Millcreek, Utah 84106 millcreekut.gov Planning & Zoning (801) 214-2700 [EMAIL REDACTED] Parking requirements have moved to the Parking and Mobility Chapter of the Millcreek Zoning Code, however, increasing the parking requirement from one designated parking stall per ADU to one designated parking stall per bedroom up to two parking stalls total has been added to the ADU ordinance. Flag lots have been prohibited from building attached and detached ADUs since the adoption of the ADU ordinance. Flag lots are allowed to have internal ADUs per state code section 10-9a-530. The proposed ordinance lifts this limitation on flag lots due to the recent reworking of the Millcreek flag lot policy. The new flag lot policy has more stringent standards than the policy that was in place during the time of the original ADU ordinance adoption. Due to this, planning staff and the Planning Commission feel that removing this barrier makes sense now that a new flag lot policy is in place. Currently, the ADU ordinance limits the occupancy for attached and detached ADUs to two adults and any number of children. Planning staff proposed removing this limitation and replacing it with the city standard of four adults. Some planning commissioners worried that removing this limitation would increase the ability for ADUs to be used more as an investment opportunity than to house family members of residents. Some commissioners were also concerned that lifting this rule would create parking problems for the surrounding neighborhood. COMMUNITY COUNCIL RECOMMENDATIONS 1. Millcreek Community Council. The Millcreek Community Council met on 05/07/2024 and heard the proposed ordinance changes by Millcreek staff and had a few recommendations to be considered. Some members express concerns that Millcreek was changing too much too soon to the original date of ADU code adoption. Concerns about parking also arose, specifically for detached ADUs. In the end the council made a motion to recommend approval of the ADU ordinance as proposed with the changes that 1 parking stall be required per adult that will use the ADU, only count floor area to the total detached ADU size (basements, lofts, and attic spaces should not count towards the total ADU allowable square footage), add a hyperlink in the ADU code to the enforcement chapter of the Millcreek code, and allow for up to 33% of the rear yard to be covered instead of 50%. This motion passed unanimously. 2. Canyon Rim Citizens Association. The Canyon Rim Citizens Association met on 05/01/2024 and had few concerns about the proposed changes. There was discussion on whether detached ADUs should be allowed on flag lots. CRCA did not have a full quorum so they could not make a formal recommendation but stated that they were okay with the proposed changes and okay with adding detached ADUs on flag lots so long as they were beholden to the normal rules for height, setbacks, and lot coverage area. ---PAGE BREAK--- 5 Millcreek City Hall 1330 East Chambers Ave Millcreek, Utah 84106 millcreekut.gov Planning & Zoning (801) 214-2700 [EMAIL REDACTED] 3. East Mill Creek Community Council. The East Mill Creek Community Council met on 05/02/2023 and discussed the proposed changes with emphasis focused on occupancy limits and parking requirements. There was concern that there would not be enough parking for ADUs. Council members also expressed the desire to update the ordinance so that it works for residents that are pursuing ADUs. Members expressed differing opinions on detached ADUs on flag lots with there not being a clear outcome on their collective preference. EMCCC motioned to make a positive recommendation on the proposed ordinance by staff. The motion passed 7 to 1. The 1 opposing vote was based on any changes to the ADU ordinance in general. 4. Mount Olympus Community Council. The Mount Olympus Community Council met on 05/06/2024 and had similar concerns about parking for detached ADUs, specifically if we were to allow them on flag lots. Some members didn’t want ADU parking requirements to outstrip the parking requirements for the primary residence on the property, which requires 2 spots currently. In the end, they motioned for a positive recommendation to planning commission for the ordinance as proposed by staff, with the added stipulation that designated off street parking for detached ADUs on flag lots should have 1 designated spot per bedroom. The motion passed unanimously. PLANNING COMMISSION RECOMMENDATION During their regularly scheduled meeting on May 15th, the Millcreek Planning Commission had a long discussion about the proposed ADU ordinance, and the changes proposed by staff. The commission had a discussion on some of the proposed changes, specifically whether detached and attached ADUs should be allowed on flag lots, lot minimum sizing for internal ADUs, parking standards, and more. Commissioners had differing opinions and approaches for how to regulate ADUs but did agree that the rear lot coverage standards were cumbersome and could be done away with so long as a total lot coverage calculation was used. Commissioners also like the idea that ADUs should require an additional parking stall per bedroom up to a max total of two parking stalls. They also agreed that removing the 50% sizing rule and increasing the max possible size to 1,000 square feet would help residents build detached ADUs that were economically feasible, and more comfortable for anyone residing inside them. The Planning Commission had differing opinions on whether lots under 6,000 square feet should be allowed internal ADUs as well as changing the current residency limits on internal and detached ADUs from two adults and any number of children to four adults. Some commissioners felt that by allowing internal ADUs on smaller lots, there would be considerable parking problems due to the limited size of the lot. Commissioners also worried that if the occupancy limits were changed, it would also cause parking issues for properties with ADUs. Commissioners discussed these two pieces at length during their meeting. ---PAGE BREAK--- 6 Millcreek City Hall 1330 East Chambers Ave Millcreek, Utah 84106 millcreekut.gov Planning & Zoning (801) 214-2700 [EMAIL REDACTED] A final motion was made recommending the proposed changes to the ADU ordinance to the City Council as proposed by staff with the conditions added that total lot coverage calculations should be used instead of rear yard calculations, one parking stall per bedroom up to two parking stalls per ADU, flag lots should be allowed to build attached and detached ADUs so long as they meet all the ADU standards in code, keeping the two adults and any number of children language for attached and detached ADUs, and keeping the limit on lots under 6,000 square feet from having internal ADUs. This motion passed five to two. The two dissenting votes stated that they wanted to see four adults allowed per ADU, allowing larger ADUs for large lots, and removing the limit on lots under 6,000 square feet. PLANNING STAFF FINDINGS & CONCLUSIONS Findings: 1. The current size restrictions for detached ADUs based on primary building footprint punishes homeowners with smaller homes when they wish to build a detached ADU. 2. Rear yard lot coverage requirements of 25% max for detached ADUs do not affect all properties proportionally and creates more barriers for homeowners to build detached ADUs. 3. The max size requirements for detached ADUs do not always allow for citizens to build detached ADUs that are financially feasible, or comfortable for multiple people to live in. 4. Internal and attached ADU restrictions on lot sizes limits property owners with smaller lots from accessing the benefits ADUs can bring to their property. 5. Prohibiting flag lots from building attached and detached ADUs is an outdated rule since the flag lot policy has been updated. 6. Parking may be an issue for specific properties, especially as ADUs get bigger. Conclusions: 1. Removing the 50% rule for detached ADU sizing will lift the limitation on residents with smaller homes from being required to build ADUs that are too small to be feasible. 2. Removing the rear yard coverage requirement will reduce barriers for building detached ADUs and make the code less cumbersome. Instead, coverage for ADUs will be dictated by the total lot coverage calculation applied to single family properties. 3. Increasing the potential max size of an ADU will make detached ADUs more financially feasible and livable for people residing within them. 4. Removing the minimum lot size requirements for internal and attached ADUs will give residents with smaller lots the ability to access the benefits ADUs can bring. 5. Since the flag lot policy has been updated recently, lifting the limitation of attached and detached ADUs will allow for flag lot properties to access the same benefits as any other single family property in regard to ADUs. 6. Parking requirements will be one designated parking stall per bedroom with a max of two parking stalls per ADU ---PAGE BREAK--- 7 Millcreek City Hall 1330 East Chambers Ave Millcreek, Utah 84106 millcreekut.gov Planning & Zoning (801) 214-2700 [EMAIL REDACTED] SUPPORTING DOCUMENTS 1. URL: Chapter 19.89 Accessory Dwelling Units 2. URL: General Plan 3. Proposed Ordinance Amendments with Redlines ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.71 Accessory Dwelling Unit Standards Draft v2 1 18.71 Accessory Dwelling Unit Standards 18.71.010 Purpose A. Accessory Dwelling Units (ADUs) in single-family residential zones are an important tool in the overall housing goals and needs of 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: 1. Create new housing units while respecting the appearance, neighborhood character, and scale of single-family residential development. 2. Provide more housing choices in residential zones. 3. Allow more efficient use of existing housing and large underutilized yards. 4. Provide housing options for family caregivers, adult children, aging parents, and families seeking smaller households. 5. 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. 6. Broaden the range of affordable housing options throughout the city. 18.71.020 Interpretation A. It is the intent of the City that the adoption of this ordinance shall not be understood as increasing the density of the underlying zone designation. An ADU shall always be accessory to the principal dwelling. 18.71.030 Applicability A. Properties are eligible for an accessory dwelling unit if: 1. The property is owner occupied as defined in MKZ 18.99. 2. The use of the property at the time of application and at any time thereafter is single-family residential. 3. 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 Ann. Section 10-9a-530 with additional requirements set forth in MKZ 18.71.070. B. Attached and Detached ADUs are a permitted use in the R-1 & A zones are subject to the design standards of this chapter. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.71 Accessory Dwelling Unit Standards Draft v2 2 18.71.050 Request For Compliance Determination A. A property owner may request a review to determine the compliance of an accessory dwelling unit. This request shall be conducted through the following application process: 1. Application shall be submitted to the City Planning and Zoning Department and must include, at a minimum, the following: a. A city provided land use application. b. An affidavit that states the ADU will comply with all city standards. c. Documentation that demonstrates the property is owner occupied. d. A to-scale site plan, floor plans of all buildings on the property. Such plans may be conceptual but shall provide reasonable accuracy and specifications to allow for full understanding. e. Fee. The initial application fee for any ADU shall be paid. The payment of a partial application fee, or the submittal of plans for a pre- submittal review shall not constitute a complete application. Fees shall be as set forth in the consolidated fee schedule. f. Only applications deemed complete by the City Staff shall be processed. Complete applications include appropriate application forms and signatures and documents as required in MKZ 18.71.050.A.1.a and 18.71.050.A.1.b. 2. The application review shall, at a minimum, consist of the following: a. The director or the director's designee shall administer an application review procedure in which the proposed use and the proposed site development plan are evaluated for compliance with all applicable ordinances and codes. b. Referral of the application to all affected entities. c. Staff reviewing the application may involve other City Departments for additional considerations or conditions to adequately meet all applicable standards. 3. The director, director's designee or staff shall present in writing a determination of the outcome of the review. 4. If the director, director's designee or staff determines that an accessory dwelling unit complies with the prevision of this chapter then a notice of compliance shall be recorded on the property at the Salt Lake County Recorder’s Office. a. Notices that demonstrate compliance with City’s land use regulations and state statute shall include, at a minimum, the following: a description of the primary dwelling; ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.71 Accessory Dwelling Unit Standards Draft v2 3 a statement that the primary dwelling or property contains an ADU; a statement that the ADU may only be used in accordance with City’s land use regulations. b. A compliance determination may be appealed under MKZ 18.14.010. 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. Only one internal ADU within a primary dwelling is allowed and only one attached or detached ADU is allowed per property. 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 be compliant to 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 of MKZ 18.53. Where the provisions in this chapter are inconsistent with provisions found in 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 twenty percent (20%) of all facades of the structure. 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 fifty percent (50%) of all facades. G. Attached and Detached ADUs are prohibited on flag lots. An internal ADU may be located on a flag lot. H. ADUs may not be built within a recorded easement. I. For additional requirements for internal ADUs see MKZ 18.71.070. J. For additional requirements for attached ADUs see MKZ 18.71.080. K. For additional requirements for detached ADUs see MKZ 18.71.090. 18.71.070 Development Standards For Internal Accessory Dwelling Units A. Internal ADUs are regulated under Utah Code Ann. 10-9a-530 and additionally shall; 1. Not change the appearance of the primary dwelling as a single-family dwelling; 2. Be prohibited from having separate utility meters from the primary dwelling; and Formatted: Strikethrough ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.71 Accessory Dwelling Unit Standards Draft v2 4 3. Be prohibited in a mobile home or manufactured home. 3.4. Be prohibited on properties under 6,000 square feet 18.71.080 Development Standards For Attached Accessory Dwelling Units Attached Accessory Dwelling Unit Standard Notes Maximum Square footage of ADU None The square footage of an attached garage shall not be included in the gross square footage unless the accessory dwelling unit is in a basement that includes habitable space below the garage. Property Coverage Total Determined by the underlying zone designation Entrance for ADU Shall not be visible from the public right of way Occupancy Limit Limited to 2 adults and any number of children Parking One designated parking stall required per bedroom up to two parking stalls total Formatted: Indent: Left: 0.88", First line: 0" Formatted: Indent: Left: 0" Formatted: Heading 4, Indent: Left: 0.01", Don't keep lines together ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.71 Accessory Dwelling Unit Standards Draft v2 5 18.71.090 Development Standards For Detached Accessory Dwelling Units ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.71 Accessory Dwelling Unit Standards Draft v2 6 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 found in MKZ 18.38. C. A detached ADU shall not be used as a short-term rental. D. Exterior lighting shall provide illumination directed downward. 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- family, twin home, or duplex dwelling, shall be fixed (non-operable) and translucent or shall be installed as a skylight. 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% or greater. H. Balconies on the second story of an ADU are prohibited. I. Exterior stairways and landing shall not encroach into a setback. I. J. One designated parking stall required per bedroom up to two parking stalls total Detached Accessory Dwelling Unit Standard Specific Use Limitations or Specific Standards Minimum Property Area 8,000 SF Location Rear Yard See MKZ 18.99 for definition Gross Square Footage The size of the ADU cannot exceed the gross square footage of the existing main building footprint and can be up to maximum of 1000 sq ft, whichever is less. The square footage of an attached garage shall not be included in the gross square footage unless the accessory dwelling unit is in a basement that includes habitable space below the garage. Property Coverage Total Determined by the underlying zone designation ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.71 Accessory Dwelling Unit Standards Draft v2 7 Property Coverage for Rear Yard 50% Setbacks from Side and Rear Yards 5 Feet Minimum For heights above 14 feet, the setback shall increase by 1 inch for each added inch of height. Setback from Main Building 6 Feet Minimum Maximum Height 24 Feet or the height of the primary structure, whichever is less. Occupancy Limit 2 adults and any number of children 18.71.100 Termination A. If a property owner is found to be in violation of this title the City may revoke the use of an ADU on the property. 18.71.110 Addressing A. The property owner may request to have an ADU be given a separate address from the primary dwelling. A property owner requesting an additional address and shall submit for a site plan review to the City Planning and Zoning Department and pay any associated fees. 18.71.120 Enforcement And Noticing A. In addition to any other legal or equitable remedies available to a municipality, 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. 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; 4. City provides a written notice of lien in accordance with section C; 5. 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: Formatted: Strikethrough Formatted: Indent: Left: 0" ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.71 Accessory Dwelling Unit Standards Draft v2 8 a. No less than 14 days after the day on which 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. No less than 30 days after the day on which the municipality 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 ten (10) business 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 Ann. 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. D. Appeals. A property owner that receives a written notice of violation or a written notice of lien may file an appeal in accordance with MKZ 18.15 1. If the owner of property files a written objection to a notice of violation, City may not record a lien until a hearing is held to determine that the specific violation occurred. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.71 Accessory Dwelling Unit Standards Draft v2 9 2. If City determines at the hearing that the specific violation has occurred, City may impose a lien in an amount of up to $100 for each day of violation after the day on which the opportunity to cure the violation expires, regardless of whether the hearing is held after the day on which the opportunity to cure the violation has expired. 3. If the owner of property cures a violation within the time period prescribed in the written notice of violation, City may not hold a lien against the property, or impose any penalty or fee on the owner, in relation to the specific violation described in the written notice of violation. E. Upon issuing a permit or business license for an ADU, City may record a notice in the office of the Salt Lake County Recorder. Upon recording a notice, 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 meet the standards set forth in this chapter must file an application to have a structure declared a noncomplying structure under MKZ 18.84 and then follow the application process set forth below to have the use allowed through special exception. B. The property owner shall have the burden of establishing that the building was legally created. The director or director's designee shall review application in the following procedure: 1. Owner or applicant seeking determination shall file an application with the City and pay all applicable fees, including any additional fees incurred resulting from staff providing research. 2. Application shall include evidence that clearly establishes the existing building lawfully existed at the time it was created. 3. Acceptable evidence may include: a. Historical zoning maps clearly identifying the use and structure existed. b. Historical zoning code supporting historical zoning maps. c. Previously issued building permits. d. Previously issued conditional use permits. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.71 Accessory Dwelling Unit Standards Draft v2 10 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 in effect of the time it was built. 4. The city shall accept application and evidence provided and make its findings and determination within fourteen business days. The City shall notify the applicant in writing stating the determination. 5. A property that has 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. C. 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 19.89.100 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: a. The primary dwelling, or portion thereof, is no less than 3 feet from the side and rear property lines; b. The attached ADU does not have a light source projecting onto the neighboring property; c. The attached ADU does not have any balconies, porches, or windows facing adjacent property owners, unless facing a RM or C zoned property; d. The attached ADU does not protrude higher than the measured height of the existing nonconforming structure being expanded as measured from original ground surface. e. The attached ADU can accommodate all required parking on the property, and does not violate the required off-street parking standards, including parking requirements of this title. D. Detached Accessory Dwelling Unit Conversions ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.71 Accessory Dwelling Unit Standards Draft v2 11 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 accessory dwelling unit, 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 accessory dwelling unit 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 adjacent property; c. The facade of the detached building located within five feet and facing an adjacent 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 24 feet in height; e. For all properties, located adjacent to a residential zone and residential use, the detached building does not protrude higher than the measured height of the existing noncomplying structure being expanded as measured from original ground surface; f. Does not create any new visual impacts that cannot be otherwise mitigated by a fence or wall; 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 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 meet all other requirements of MKZ 18.71.090, except as provided otherwise in this section; and ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.71 Accessory Dwelling Unit Standards Draft v2 12 l. Meets the applicable sections of the adopted building and fire codes of the city. E. 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.