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Millcreek Together Code Update I Chapter 19.XX Medium Density Residential Zones 1 19.XX.1.1 Medium Density Residential (R-2) Zones A. Purpose. 1. The purpose of the Medium Density Residential R-2 Zones is to establish middle 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. This chapter applies to the following residential zones: R-2-6.5, R-2-8, and R-2-10 zones. B. Permitted Uses and Conditional Uses 1. 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 19.XX.1 Permitted and Conditional Uses in Medium Density Residential Zone. If a use is not specifically designated in the table, then the use is prohibited. Table 19.XX.1 Permitted and Conditional Uses in Medium Density Residential (R-2) Zones P = Permitted Use C = Conditional Use Review Required Land use R-2 (All Zones) Limitations/References Residential Uses Single household detached dwellings P Limitation may be subject to the requirements set forth in the Sensitive Lands Chapter 19.XX. XX Two household dwelling P Residential Facility for Elderly Persons or Person with a Disability P Limitation as set forth in MKZ 19.87 Residential Facilities for Persons with a Disability Short-term rentals P Limitation as set forth in MKC 5.19, Short-term rentals Commercial Uses Agriculture P Limitation of Commercial Agriculture is Prohibited Civic and Institutional Uses Public Use P Quasi-Public Use P Religious Assembly P Miscellaneous Uses Accessory uses, Buildings and Structures P Limitation as set forth in MKZ 19.XX.XX Accessory Uses, Accessory Buildings, and Structures ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.XX Medium Density Residential Zones 2 C. Spatial Requirements 1. Setback Measurements. The minimum property size, width, setbacks, requirements, and maximum property coverage are as set forth in Table 19.XX.2 Spatial Requirements for the Medium Density Residential (R-2) Zones. 2. Civic and Institutional. Civic and Institutional Uses, require a minimum twenty- foot (20’) rear and side yard setback when abutting and sharing a property line with a residential use. 3. 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. 4. Rear Setback on Sloped lots. If the average slope of the original ground surface, as measured from the rear property line to the front property line, is more than 20 percent, then the rear setback shall be increased one additional foot for every one degree of slope in excess of 20 percents, up to a maximum of 25 feet 5. Side Yard Setbacks on Lots 50% Larger Than Minimum Lot Width. Lots with a width 50% or more larger than the required minimum lot width shall measure side yard setbacks per the following: a. The combined measurements of the side yard setbacks shall be at least 25% of the lot width. b. No side setback shall be less than the required minimum side yard setback. c. The width of the lot is measured as the diameter of the largest circle that can be inscribed entirely within the lot excluding any streams, floodplains, wetlands, areas of thirty percent slope or greater, or other natural hazard areas shall be excluded from the circle. See Figure 19.XX.1 below Figure 19.XX.1 Combined Side yard Setback Spatial Requirements Diagram ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.XX Medium Density Residential Zones 3 Figure 19.XX.2 Spatial Requirements Diagram (letter labels related to Table 19.XX.2) Table 19.XX.2 Spatial Requirements for the Medium Density Residential (R-2) Zones Zone Min. lot area Min. lot width Min. Front Setback Residential Use Min. Side Setbacks on interior lots Residential Use Min. Side Setbacks on corner Civic/Institutional and Non- Residential Use Min. Side Setback Min. Rear Setback Maximum lot 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 8,000 sq ft for non- residential 65’ 25’ 8’ 20’ 20’ 15’ 38% R-2-10 10,000 square feet 10,000 sq ft for non- residential 65’ 25’ 8’ 20’ 20’ 15’ 35% ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.XX Medium Density Residential Zones 4 D. Building Height and Envelopes. 1. Minimum height. All dwelling structures shall be a minimum of one-story in height measured from original ground surface. 2. Maximum Height. Maximum building height is as set forth in Table 19.XX.3 Building Height and Building Envelope for R-2 Zones. 3. Building Envelope. The height of structures may be further limited by the building envelope. The building envelope is formed by a box defined by the perimeter of the property line extended vertically perpendicular to the property line to a height and subsequent angle as set forth in Table 19.XX.3. The entire building shall fit under this envelope except as described in the projections section below. (See figures 19.XX.3 and 19.XX.3.5 for building envelope illustrations) Figure 19.XX.3 Building Envelope (R-2-6.5) Figure 19.XX.3.5 Building Envelope (R-2-8 and R-2-10) Table 19.XX.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 Together Code Update I Chapter 19.XX Medium Density Residential Zones 5 E. Projections. 1. Building Height Envelope Projections. Dormers, gables, and non-habitable architectural elements may project beyond the building height envelope if they meet the following criteria: a. Dormers: i. The width of the dormer shall not exceed fourteen (14) feet; ii. Multiple dormers shall be spaced such that the distance to the edges of the roof is at least one-half the distance between dormers; and iii. The dormer shall be no higher than the ridge of the roof. b. Gables: i. The height of the gable is less than 1.75 times higher than the point where the graduated building height envelope intersects the gable; ii. The height of the gable is less than the maximum building height; and iii. The length of the gable comprises no more than 25% of the length of the building façade. Figure 19.XX.6 Dormer and Gable illustration with height envelope exception ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.XX Medium Density Residential Zones 6 2. Setback Projections. The following may be erected on, or project into the required yard setbacks: a. Fences and walls in conformance with this code and all other applicable rules and regulations. b. Landscape elements, including trees, shrubs and other plants. c. Utility or irrigation equipment or facilities. d. Decks, patios, porches, driveways, sidewalks, stairs, landings, not exceeding two feet above grade. e. Covered porches and balconies may project up to ten feet (10’) into the front yard or street side yard setback if they meet the following criteria: i. Porches or balconies shall remain unenclosed or “open style” (no walls, doors, windows, screened, etc.) except for the minimum required handrail. ii. Porches and balconies shall not encroach into any easements or clear visibility at residential driveways and at street intersections. iii. Porches, balconies, stairs, landings, eaves which project into the setbacks, shall not be located closer than fifteen feet (15’) from a street property line, or project outside of the building height envelope. 3. Other architectural elements which are not used as habitable space. i. Cornices, eaves, sills, planter boxes, stairways, landings, awnings, window wells, or similar architectural features attached to the building and not enclosed by walls, extending not more than two feet into a side yard or four feet into the front or rear yard. In no case shall a side yard setback be less than six feet ii. Chimneys, fireplace keys, box or bay windows or cantilevered walls attached to the building, no greater than eight feet wide, extending not more than two feet into a side yard, or four feet into a front or rear yard. In no case shall a side yard setback be less than six feet F. Articulation. To avoid a large, continuous building mass of uniform height; no portion of any building shall continue more than forty feet horizontally without a minimum of an eighteen-inch break in the roofline or introduction of a contrasting architectural element such as an overhang, projection, or inset of a minimum depth of two feet from the primary façade plane, to create shadow patterns along the elevation of the building. See figures 19.XX.6 and 19.XX.7 below for dormer and gable illustrations. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.XX Medium Density Residential Zones 7 19.XX.1.2 Neighborhood Compatibility Modification (NCM). A. Recognizing the wide variation of circumstances incident to a residential development application, Millcreek is providing for additional means to modify standards based on neighborhood compatibility. The Neighborhood Compatibility Modification (NCM) allows for modified standards from one or more of the spatial standards based upon the compatibility of the proposed residential development application with other lots/dwellings in the proximate neighborhood. The Planning Director may approve a NCM request at time of site plan submittal provided the following conditions are met: 1. Evidence. Compliance with the corresponding neighborhood conditions must be established by a survey of the proximate neighborhood Survey submitted must be completed by a licensed surveyor in the State of Utah. 2. Submittal. NCM requests shall be submitted on a separate land use application and shall include an additional review fee as set forth in the Millcreek Consolidated Fee Schedule. 3. Permissible Modifications. NCM Standards. Building height, setbacks and lot coverage modifications may be accommodated if the request does not exceed the allowances as set forth in Table 19.XX.4 NCM Standards. 4. Non-Permissible Modifications. Building envelope, mass and scale, and accessory structure modifications do not qualify under the NCM. *Lot coverage for all lots may not exceed more than 1.15 times the average lot coverage of proximate neighborhood lots. Table 19.XX.4 NCM Standards Zone Lot Coverag e Front Setback Side Setback Rear Setback Max Height R-2-6.5 33’ 45% * The average of all lots of within the proximate neighborhoo d that fronts to the same street, road, or right-of way. Combined side yard shall be at least twenty-five percent (25%) of the lot width, and no less than six feet on each side. The average rear yard setback that are on six lots of the applicants choice within the proximate neighborhoo d, and no less than 15’ The maximum building height that may be approved by the Planning Director or designee under the NCM standards is the lesser of: 1. Three feet plus the average maximum ridge height of residential structures that are on six lots of applicants choice that are within the proximate neighborhood; and 2. The max height of the zone specified in column of Table 19.XX.4 NCM Standards. R-2-8 33’ 43% * R-2-10 35’ 40% * ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.XX Medium Density Residential Zones 8 B. Related Provisions. For additional requirements refer to the zoning ordinances and in the particular following sections: 19.XX.1.3 Definitions (to be moved) Building Orientation means Oriented in this purpose means the direction a structure’s principal access and primary façade are facing. Any façade that is parallel to or within an oblique angle of 60 degrees of the property frontage along a street as defined in MKZ 19.04.260 is deemed to front the street. Dwelling means any building, or portion thereof, which is designated for use for residential purposes. Transitory facilities like tents, garages, sheds, travel trailers, campers, motels hotels, apartment hotels, boardinghouses, lodging houses or similar are not considered dwellings. Dwelling Unit means one or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one household with separate toilets and facilities for cooking and sleeping. Buildings with more than one kitchen or set of cooking facilities are considered to contain more than one dwelling unit unless the additional cooking facilities are clearly accessory to a dwelling unit as determined by the Planning Director. Factors for determining whether cooking facilities are accessory to a dwelling unit may include but are not limited to: Table 19.XX.5 Related Provisions Reference Section Topic MKZ 19.76.020 Occupancy permit MKZ 19.76.070 Division of a two-family dwelling MKZ 19.76.100 Sale of space needed to meet requirements MKZ 19.76.140 Private garage or carport—Reduced yards MKZ 19.76.190 Height limitations—Exceptions MKZ 19.76.200 Additional height allowed when MKZ 19.76.020 Occupancy permit MKZ 19.76.070 Division of a two-family dwelling MKZ 19.76.100 Sale of space needed to meet requirements MKZ 19.76.140 Private garage or carport—Reduced yards MKZ 19.76.190 Height limitations—Exceptions MKZ 19.76.200 Additional height allowed when MKZ 19.76.210 Off-site improvements MKZ 19.80.040 Number of spaces required ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.XX Medium Density Residential Zones 9 • A building design which 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, Primary means the principal residential dwelling unit on a lot or parcel. A primary dwelling unit is the largest of the two if there is an accessory dwelling unit on the lot or parcel. 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. An accessory building does not include a mobile home or manufactured home. Dwelling Unit, Accessory - Attached means an accessory dwelling unit that shares a wall and roof with or as an additional story above or below the primary dwelling unit. Dwelling Unit, Accessory - Internal means an accessory dwelling unit created within the primary dwelling or within the footprint of the primary dwelling. Dwelling Unit, Accessory - Detached means an accessory dwelling unit that shares no common walls or roof with the primary dwelling. Dwelling, Single-household - Detached means a building 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) 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) means a single building under a continuous roof containing two primary dwelling units completely separated by either: a common 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.