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Millcreek City Hall 3330 South 1300 East Millcreek, Utah 84106 millcreek.us Planning & Zoning (801) 214-2700 [EMAIL REDACTED] ZT-23-009 Planning Commission Staff Report Meeting Date: 6/21/2023 Applicant: Millcreek Re: Adoption of the Medium-Density Zone Zone: Medium Density Zone Prepared By: Carlos Estudillo, Brad Sanderson, Planners Scope of Decision: Discretionary. This is a legislative matter, to be decided by the Millcreek City Council upon receiving a recommendation from the Community Council(s) and the Millcreek Planning Commission. Your recommendation can be broad in scope, but should consider prior adopted policies, especially the Millcreek General Plan. REQUEST AND SYNOPSIS The Planning and Zoning team is proud to present to the Millcreek Planning Commission the proposed draft of the updated Medium Density Zone Ordinance (R-2/R-4). In accordance with the provisions of Utah Code, before the City Council may adopt amendments to the zoning ordinance, 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 Millcreek Planning Commission. The Planning Commission shall review the zoning text amendment request and a recommendation shall be made to the City Council to approve, disapprove or continue the application. o Consolidate the contents of MKZ 19.32 (R-2) and MKZ 19.40 (R-4) into one ordinance named “Medium-Density zone.” o Clear up resident confusion and eliminate application conflicts. o Simplify and speed up building permit review times. o Enhance clarity with better definitions and images. o Incentivize development on smaller lots. o Continue to preserve the character of our single-family neighborhoods. o Encourage a variety of affordable medium-density housing options (duplex, triplex, fourplex.) What we are trying to achieve with the new Medium-Density Code ---PAGE BREAK--- Request: Adoption of the new “Medium-Density Zone” ZT-23-009 Page 2 of 5 GENERAL PLAN CONSIDERATIONS The Millcreek General Plan lays out goals and strategies that pertain to the proposed ordinance. These goals and strategies are listed below, each with a summary describing how it achieves the goals set out in the General Plan for this area. Strategy 1.5: Ensure that new infill development is compatible with existing neighborhoods by regulating structure sizes and heights; building forms and materials; yard setbacks; streetscape character; height and bulk transitions; buffering; and other factors. o Height is regulated by zone – zones with bigger minimum lot sizes allow taller heights. o Bulk and height transitions regulated by envelope. The new code proposes a new 90- degree building envelope in the entire of the R-2 and R-4 zones. 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. o A 90-degree (box) building envelope for R-2 lots and R-4 lots recognizes that narrow lots have additional constraints. Some of these neighborhoods could benefit from additional homeowner investment in the form of 2nd floor additions. PROPOSED MEDIUM-DENSITY ZONE CODE AMENDMENTS Staff’ views the proposed code update as “adapting” rather than “changing”. The proposed code is a reflection based on what we are hearing from residents and observing development trends over the years. Understanding that there is not a “one size fits all” set of standards, we are proposing some alternative development standards for the small irregular shaped lots that have struggled to develop under the old code. We are trying to add flexibility where it counts, while embracing and preserving the design characteristics that make Millcreek’s neighborhoods some of the most desirable neighborhoods in the valley. o Minimum lot areas will remain the same. o Minimum lot width will remain the same. o Front and side yard setbacks will remain the same. o Underlying zones will not change, only the ordinance name and content will change as staff is proposing a consolidation of ordinances 19.32 (R-2) and 19.40 Goal N-1: Preserve and enhance the physical elements of each neighborhood’s character. Goal N-2: Strive for a variety of housing choices in types, styles, and costs of housing throughout Millcreek. What will stay the same ---PAGE BREAK--- Request: Adoption of the new “Medium-Density Zone” ZT-23-009 Page 3 of 5 o Items highlighted in yellow are proposed to change from the old ordinances. (See summary below) o There no longer be any design standards, except standards that impact site design (spatial requirements). State Legislature has prohibited communities from establishing building design standards for two-unit and four-unit dwellings. o Staff recommends increasing the rear yard setback from 15 feet to 20 feet. o A box envelope at the building setback line for the medium-density zone. These changes are intended to allow existing homes on these smaller lots the option to add a second story. o Building height is proposed to increase from 28 feet to 30 feet in the medium-density zone. o A few uses were eliminated such as airports, golf courses, commercial daycares, pigeons, and sportsmen kennels. o New graphics have been provided to show the building envelope options and allowances. o All the spatial requirements are in tables and diagrams. o Creation of the R-4 legacy zone. While it will continue to exist, staff will stop taking in applications to rezone any properties into the R-4 zone. o Most uses were amended from conditional uses to permitted uses. Some uses, such as public vs quasi-public were clarified. Some other uses were eliminated (see uses table) What will change ---PAGE BREAK--- Request: Adoption of the new “Medium-Density Zone” ZT-23-009 Page 4 of 5 o COMMUNITY COUNCIL RECOMMENDATIONS 1. Millcreek Community Council. The Millcreek Community Council met on 06/06/2023. They voted 3 in favor to 6 opposed for the adoption of Title 19 updates to the Medium-Density zones. The Millcreek Community Council did not recommend anything specific to the Medium-Density zone in their motion; Although, many comments against the proposed allowing a box building envelope were part of the discussion during community council meeting. 2. Canyon Rim Citizens Association. The Canyon Rim Citizens Association met on 06/07/2023. They voted unanimously in favor of the adoption of the Medium Density Zone. 3. East Mill Creek Community Council. The East Mill Creek Community Council met on 06/01/2023. They voted unanimously in favor of the adoption of the Medium Density Zone with a condition to evaluate the possibility of adopting a 60-degree building envelope, rather than the proposed Box building envelope. ---PAGE BREAK--- Request: Adoption of the new “Medium-Density Zone” ZT-23-009 Page 5 of 5 4. Mount Olympus Community Council. The Mount Olympus Community Council met on 06/05/2023. They unanimously voted in favor of the adoption of the Medium Density Zone with a condition to research the potential effects of making Commercial Daycare/Preschool a prohibited use in the Medium Density Zone. PLANNING STAFF FINDINGS & CONCLUSIONS 1. The new “Medium-Density Zone” will consolidate the contents of MKZ 19.32 (R-2) and MKZ 19.40 containing the requirements of the R-2-6.5, R-2-8. R-2-10 and R-4-8.5 zones, into a single ordinance. 2. Minimum lot areas will remain the same. 3. Minimum lot width will remain the same. 4. Front and side yard setbacks will remain the same. 5. There no longer be any design standards, except standards that impact site design (spatial requirements). State Legislature has prohibited communities from establishing building design standards for two-unit and four-unit dwellings. 6. Most uses were amended from conditional uses to permitted uses. Some uses, such as public vs quasi-public were clarified. Some other uses were eliminated (see uses table) 7. Staff recommends increasing the rear yard setback from 15 feet to 20 feet. 8. A box envelope at the building setback line for the medium-density zone. These changes are intended to allow existing homes on these smaller lots the option to add a second story. 9. Building height is proposed to increase from 28 feet to 30 feet in the medium-density zone. 10. A few uses were eliminated such as airports, golf courses, commercial daycares, pigeons, and sportsmen kennels. 11. New graphics have been provided to show the building envelope options and allowances. 12. All the spatial requirements are in tables and diagrams. 13. Creation of the R-4 legacy zone. While it will continue to exist, staff will stop taking in applications to rezone any properties into the R-4 zone. 14. Text Amendments and Ordinance approvals are legislative items, to be decided by the Millcreek City Council upon receiving a recommendation from the Community Council(s) and the Millcreek Planning Commission. MODEL MOTION I move to recommend the adoption of an ordinance amending Title 19 updating definitions, amending, and consolidating the R-2-6.5, R-2-8, R-2-10, R-4-8.5 into a new Medium-Density Residential 2/4) Zone, based on the finding and conclusions as presented by staff. SUPPORTING DOCUMENTS 1. URL: Medium-Density Zone Draft Proposal 2. URL: General Plan 3. Proposed Ordinance Amendments ---PAGE BREAK--- Page 1 of 3 Millcreek City Hall 3330 South 1300 East Millcreek, Utah 84106 millcreek.us Planning & Zoning (801) 214-2700 [EMAIL REDACTED] STAFF MEMORANDUM From: Millcreek Planning Staff To: Planning Commission Meeting Date: July 19, 2023 RE: Continuation of meeting to discuss recommendations from the June 21, 2023, Millcreek Planning Commission Public Hearing, pertaining to the proposed R-1, R-2 and R-4 zoning codes. File No(s): ZT-23-008 & ZT-23-009 Scope of Decision: Discretionary. This is a legislative matter, to be decided by the Millcreek City Council upon receiving a recommendation from the Community Council(s) and the Millcreek Planning Commission. Applicant: Millcreek Planning Staff Summary: The Millcreek Planning Commission held a Public Hearing/Meeting on June 21, 2023, to discuss proposed changes to both the R-1 Zones as well as the R-2 and R-4 Zones. Due to potential noticing errors as well as several questions and recommendations that come up during the meeting, the Planning Commission motioned to continue the Public Hearing and discussion to the following July 19th, 2023, meeting. Below is a summary of the items discussed and recommended to Staff, to incorporate into the proposed ordinance text for further consideration. The summary is divided into two parts; the first dealing with the R-1 text amendment and the second dealing with the R-2 and R-4 text amendment. Attached ais Staff’s response and attempt to address the items brought up by the Planning Commission. R-1 Zone Text Amendment - Planning Commission Recommendations o Support of allowing covered porches to encroach into the front yard setback up to 10’ feet. o Supports increasing maximum building height for R-1-8 Zone to 32’ feet o Supports having rear yard setback be based on slope. Staff Response to the R-1 Zone PC Recommendations o Added language within the code for covered porches and balconies to encroach 10 feet into the front yard setback. Porches and balconies shall not be enclosed and shall not violate line of sight for driveways and intersections. In no case may a porch or balcony be closer than 15’ feet from a ROW. Language does not restrict covered porches including second story however, the minimum 15-foot distance from ROW and height envelope requirements will still somewhat regulate some porch and balcony designs. ---PAGE BREAK--- Page 2 of 3 Millcreek City Hall 3330 South 1300 East Millcreek, Utah 84106 millcreek.us Planning & Zoning (801) 214-2700 [EMAIL REDACTED] o Added language to allow maximum building heights to increase from 30 feet to 32 feet for the R-1-8 Zone. o Added language stating, “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.” (Staff recommends to not include additional regulations pertaining to slope since the building height envelope already mostly regulates this). Medium Density (R-2 and R-4 Zone) Text Amendment - Planning Commission Recommendation o The Medium Density R-2 and R-4 Zones requirements should generally be harmonized with the R-1 Zones as follows: − Porches should be allowed to encroach up to 10 feet into the front yard setback. − Increase overall height from 30 feet to 32 feet. − Recommendation to incorporate the “60 degree” building height envelope, with a 12-foot beginning height, as measured at property lines. − Add language for rear yard setback to be based on slope. o Renewable Energy Incentives – Does this conflict with height envelopes? Staff Response to the Medium Density (R-2 and R-4) Zone PC Recommendations o Several items from the R-1 Zone have been incorporated into the Medium Density (R-2 & R-4) Zones as follows: − Added language within the code for covered porches and balconies to encroach 10 feet into the front yard setback. Porches and balconies shall not be enclosed and shall not violate line of sight for driveways and intersections. In no case may a porch or balcony be closer than 15’ feet from a ROW. Language does not restrict covered porches including second story however, the minimum 15-foot distance from ROW, and height envelope will still regulate some porch and balcony designs. − Increased overall height from 30 feet to 32 feet. − Incorporated language, table, and diagram for the “60 degree” building height envelope, with a 12-foot beginning height, as measured at property lines. − Building Height projections for Dormers and Gables have been included. − Added language to allow maximum building heights to increase from 30 feet to 32 feet for the R-2 and R-4 Zone. o Added language stating, “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.” (Staff does not recommends including additional regulations pertaining to slope, since the building height envelope already mostly regulates this). ---PAGE BREAK--- Page 3 of 3 Millcreek City Hall 3330 South 1300 East Millcreek, Utah 84106 millcreek.us Planning & Zoning (801) 214-2700 [EMAIL REDACTED] o Renewable Energy Incentives – Staff suggest removing this requirement and possibly reincorporate into a separate chapter pertaining to wind, solar and other renewable energy methods. Other Changes Being Proposed by Staff o In addition to building height projections, Staff is proposing additional “Setback Projections” into yard areas (applies to both R-1 & R-2/R-4 Zones). o Change “Civic and Institutional” Uses back from a “Conditional Use to a “Permitted Use (applies to both R-1 & R-2/R-4 Zones) o “Commercial Agricultural” Uses are prohibited (applies to both R-1 & R-2/R-4 Zones). o Added twenty-foot side and rear yard setback for civic and institutional uses when abutting residential uses (applies to both R-1 & R-2/R-4 Zones). o Added zero setback between attached units (applies to medium density zone only) o Consider removing the R-4 Zone from the Medium Density Zone and move to the RM Zone (still as a legacy zone). - Reasons for consideration:  RM Zone already allows for three- and four-unit dwellings.  Design Standards cannot be applied to one- and two-unit dwellings and are already part of the RM Zone.  Height envelopes and setbacks within the Medium Density Zone have since been tailored to more towards one- and two-unit dwellings. Supporting Materials: o June 19th Staff Reports (both Zones) o R-1 Zone - Draft 2 o Medium Density R-2 and R-4) Zone - Draft 2 ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.X.X Single-Household ResidenƟal Zones I 5.24.23 1 19.01.1.1 Single-Household Residential (R-1) Zones A. Purpose 1. The purpose of the R-1 zones is to establish single-household neighborhoods that provide persons who reside therein a comfortable, healthy, safe and pleasant environment. It is the intent to balance neighborhood compaƟbility with the private property interests of those who wish to expand, develop, improve or otherwise make exterior modiﬁcaƟon to their residenƟal property. B. Permited Uses and CondiƟonal Uses 1. Uses in the Single-Household ResidenƟal (R-1) Zones are allowed, either as permited or condiƟonal, and may include certain limitaƟons as set forth in Table 19.XX.1 Permited and CondiƟonal Uses in the Single-Household ResidenƟal (R-1) Zones. If a use is not speciﬁcally designated in the table, then it is prohibited. Table 19.XX.1 Permited and CondiƟonal Uses in the Single-Household ResidenƟal (R-1) Zones P= Permitted C= Conditional Use Review Required Land Use R-1 (All Zones) Limitations / References Residential Uses Single Household Dwelling P Accessory dwellings permited as set forth in MKZ 19.XX, Accessory dwellings. May be subject to the requirements set forth in the SensiƟve Lands Chapter 19.XX.XX ResidenƟal FaciliƟes for Elderly Persons or Persons with a Disability P As set forth in MKZ 19.87 ResidenƟal FaciliƟes for Persons with a Disability Short-term rentals P As set forth in MKC 5.19, Short-term rentals Commercial Uses Agriculture P Commercial Agriculture is ProhibitedNon-commercial Civic and Institutional Uses Public Uses P Quasi-Public Use P Religious Assembly P Miscellaneous Uses Accessory Uses, Buildings, and Structures P As set forth in MKZ 19.XX.XX Accessory Uses, Accessory Buildings, and Structures Formatted: Font color: Red ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.X.X Single-Household ResidenƟal Zones I 5.24.23 2 C. Spatial Requirements. 1. Setback Measurements. The minimum property size, width, setbacks, and lot size and maximum property coverage requirements are as determined by Table 19.XX.2 SpaƟal Requirements for the Single-Household ResidenƟal (R-1) Zones. 2. Civic and InsƟtuƟonal. Civic and InsƟtuƟonal Uses, require a minimum twenty- foot (20’) rear and side yard setback when abuƫng and sharing a property line with a residenƟal use. 3. 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 degreespercent, then the rear setback shall be increased one addiƟonal foot for every one degree of slope in excess of 20 dpercentegrees. 1. 2.4. Side Yard Setbacks on Lots 50% (Alt. 100% or apply to all lots) 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 enƟrely 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.2. Figure 19.XX.1 Spatial Requirements Diagram (letter labels related to Table 19.XX.2) Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Pattern: Clear (Yellow) Formatted: Font color: Red Formatted: Font color: Red Formatted: Not Expanded by / Condensed by Formatted: Normal Formatted: Indent: Hanging: 0.46" ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.X.X Single-Household ResidenƟal Zones I 5.24.23 3 ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.X.X Single-Household ResidenƟal Zones I 5.24.23 4 Figure 19.XX.2 Spatial Requirements Diagram D. Building Height and Building Envelopes. 1. Minimum height. All dwelling structures shall be a minimum of one- story in height. 2. Maximum Height. Maximum building height is as set forth in Table 19.XX.3 Building Height and Building Envelope for R-1 Zones. Table 19.XX.2 SpaƟal Requirements for the Single-Household ResidenƟal (R-1) Zones Zone Min. lot area Min. lot width Min. Front Setback ResidenƟal Use Min. Side Setbacks on interior lots ResidenƟal Use Min. Side Setbacks on corner Non- ResidenƟal Use Min. Side Setback Min. Rear Setback s Maximum Lot Coverage R-1-3 3,000 sq Ō 25’ 20’ 5’ 20’ 20’ (15’) 20’ 40% R-1-4 4,000 sq Ō 25’ 20’ 5’ 20’ 20’ (15’) 20’ 40% R-1-5 5,000 sq Ō 25’ 20’ 5’ 20’ 20’ (15’) 20’ 35% R-1-6 6, 000 sq Ō 60’ 25’ 8’ 20’ 20’ 20’ 35% R-1-8 8,000 sq Ō 65’ 25’ 8’ 20’ 20’ 20’ 33% R-1-10 10, 000 sq Ō 80’ 30’ 10’ 20’ 20’ 20’ 31% R-1-15 15,000 sq Ō 80’ 30’ 10’ 20’ 20’ . 20’ 25% R-1-21 21,000 sq Ō 100’ 30’ 10’ 20’ 20’ 20’ 25% ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.X.X Single-Household ResidenƟal Zones I 5.24.23 5 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 verƟcally perpendicular to the property line to a height and subsequent angle as set forth in Table 19.XX.3. The enƟre building shall ﬁt under this envelope except as described in the projecƟons secƟon below. (See ﬁgures 19.XX.2, 19.XX.3, and 19.XX.4 for building envelope illustraƟons) Table 19.XX.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 30’ 30’ 30’ 30’ 32’ Planning Commission Building Height RecommendaƟon 30’ 30’ 32’ 32’ 32’ Building Envelope Wall Height (alt 12’) 12’ 8’ 8’ 8’ Planning Commission Building Envelope Angle RecommendaƟon (alt. 60 degree) 60 ° 60° 45° 45° Staﬀ alternaƟve for R-1-8 Building Envelope Angle Dwellings on lots located in the R-1-8 zone that have been determined by staﬀ to be a legal lot of record and are nonconforming due to minimum lot width and minimum lot area can qualify to use the 60° Building Envelope Angle and 12’ Building Envelope Wall Height. Figure 19.XX.3 R-1-3, R-1-4, and R-1-5 Building Envelope Formatted Table ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.X.X Single-Household ResidenƟal Zones I 5.24.23 6 Figure 19.XX.4 R-1-6 Building Envelope (alternative – apply to R-1-3,4 and 5, 6, and 8) Figure 19.XX.2 R-1-8, R-1-10, R-1-15, and R-1-21 Building Envelope E. F. G. H. I. J. K. L. M. E . ProjecƟons. N. 1. Building Height Envelope ProjecƟons. Dormers, Gables, and non- habitable architectural elements may project beyond the building height envelope if they meet the following criteria: 1.a. Dormers: a. i. The width of the dormer shall not exceed fourteen (14) feet; b. ii. MulƟple 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. iii. The dormer shall be no higher than the ridge of the roof. 2.b. Gables: Formatted: Indent: Left: 1.2", No bullets or Formatted: Heading 6, Widow/Orphan control ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.X.X Single-Household ResidenƟal Zones I 5.24.23 7 a. i. The height of the gable is less than 1.75 Ɵmes higher than the point where the graduated building height envelope intersects the gable; b. ii. The height of the gable is less than the maximum building height; and c. iii. The length of the gable comprises no more than 25% of the length of the building façade. 2. Setback ProjecƟons. The following may be erected on, or project into the required yard setbacks: a. Fences and walls in conformance with this code. b. Landscape elements, including trees, shrubs and other plants. c. UƟlity or irrigaƟon equipment or faciliƟes. d. Decks, patios, porches, driveways, sidewalks, stairs, landings, not exceeding two feet above grade. 3. Covered Pporches and balconies . e. Uncovered front porches may project up to ten (10) feet into the front yard or street side yard setback if they meet the following criteria:. i. Porches and balconies shall remain unenclosed or “open style” (not no walls, doors, windows, screens, etc.) except for the minimum required handrail. ii. Porches and balconies shall not encroach into any easements or clear vision site areas. iii. Porches, balconies, stairs, landings, eaves which project into the setbacks, shall not be located closer than ﬁŌeen feet (15’) from a street property line, or project outside of the building height envelope. a. PC Covered front porches may project up to ten (10) feet into the front yard Setback (clear vision site area) b. A porch or secƟon of a porch with a deck above is considered covered 4.3. Other architectural features elements such as eaves, railings, or windowsills:which are not used as habitable space. Formatted: Heading 7, Indent: First line: Widow/Orphan control Formatted: Font color: Red Formatted: Font: (Default) +Body (Calibri), Font color: Red Formatted: Left, Indent: Left: 1.44", Hanging: 0.46", Space Before: 2 pt, Line spacing: Multiple 1.08 li, Tab stops: Not at 1.75" Formatted: Font color: Red Formatted: Font: (Default) +Body (Calibri), Font color: Red Formatted: Font color: Red Formatted: Font: (Default) Segoe UI, Font color: Red Formatted: Font color: Red Formatted: Pattern: Clear (Yellow) Formatted: Normal Formatted: Indent: Left: 1.44", First line: 0" Formatted: Font color: Red Formatted: Indent: Left: 1.44", No bullets or numbering Formatted: Font color: Red ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.X.X Single-Household ResidenƟal Zones I 5.24.23 8 i. Cornices, eaves, sills, planter boxes, stairways, landings, awnings, window wells, or similar architectural features atached 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 canƟlevered walls atached 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 a. F. The architectural feature does not extend beyond the building height envelope more than two feet. b. The architectural feature shall not include habitable space. ArƟculaƟon. To avoid a large, conƟnuous building mass of uniform height; no porƟon of any building shall conƟnue more than forty feet horizontally without a minimum of an eighteen-inch break in the rooﬂine or introducƟon of a contrasƟng architectural element such as an overhang, projecƟon, or inset of a minimum depth of two feet from the primary façade plane, to create shadow paterns along the elevaƟon of the building. See ﬁgures 19.XX.6 and 19.XX.7 below for dormer and gable exception illustration Figure 19.XX.6 Dormer and Gable illustration Formatted: Font: (Default) +Body (Calibri), Font color: Red Formatted: Heading 7, Widow/Orphan control ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.X.X Single-Household ResidenƟal Zones I 5.24.23 9 Figure 19.XX.7 Gable projecting beyond building height envelope exception 19.01.1.2 Neighborhood Compatibility Modification (NCM). A. Recognizing the wide variaƟon of circumstances incident to a residenƟal development applicaƟon, Millcreek is providing for addiƟonal means to modify standards based on neighborhood compaƟbility. The Neighborhood CompaƟbility ModiﬁcaƟon (NCM) allows for modiﬁed standards from one or more of the spaƟal standards based upon the compaƟbility of the proposed residenƟal development applicaƟon with other lots/dwellings in the proximate neighborhood. The Planning Director may approve a NCM request at Ɵme of site plan submital provided the following condiƟons are met: 1. Evidence. Compliance with the corresponding neighborhood condiƟons must be established by an engineering survey from the proximate neighborhood, deﬁned as a 200’ radial distance from the property boundary. 2. Submital. NCM requests shall be submited on a separate form and shall include an addiƟonal review fee as set forth in the Millcreek Consolidated Fee Schedule. 3. Permissible ModiﬁcaƟons. NCM Standards. Building height, setbacks and lot coverage modiﬁcaƟons may be accommodated if the request does not exceed the allowances as set forth in Table 19.X.X NCM Standards. 4. Non-Permissible ModiﬁcaƟons. Building envelope, mass and scale, and accessory structure modiﬁcaƟons do not qualify under the NCM. Table 19.XX.4. NCM Standards ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.X.X Single-Household ResidenƟal Zones I 5.24.23 10 Table 19.XX.4 NCM Standards Zone Lot Coverage Front Setback Side Setback Rear Setback Max Height R-1-3 33’ 40% * 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 neighborhood, 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 residenƟal 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-1-4 33’ 40% * R-1-5 33’ 40% * 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% * *Lot coverage for all lots may not exceed more than 1.15 Ɵmes the average lot coverage of proximate neighborhood lots B. Related Provisions. For addiƟonal informaƟon refer to the zoning ordinance and in parƟcular the following secƟons: Related Provisions Reference Section Topic MKZ 19.76.020 Occupancy permit MKZ 19.04.560 Yard MKZ 19.76.080 Lots and buildings on private rights-of-ways 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 limitaƟons—ExcepƟons MKZ 19.76.200 AddiƟonal height allowed when MKZ 19.76.210 Oﬀ-site improvements MKZ 19.76.290 Single-household or two-household dwellings—Standards MKZ 19.80.040 Number of spaces required MKZ 19.89 Accessory Dwelling Units MKZ 19.XX Temporary Uses and Structures MKZ 19.XX SensiƟve Lands MKZ 19.82 Sign Ordinance MKC Title 18 Subdivisions ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.X.X Single-Household ResidenƟal Zones I 5.24.23 11 19.01.1.3 Definitions (to be moved to definitions) Single household detached dwelling means a separate building arranged or designed to be occupied by one household unit, the structure having only one primary dwelling unit. ResidenƟal FaciliƟes for Persons with a Disability (group home) means a home where a small number of unrelated people in need of care, support, or supervision can live together, such as those who are elderly or mentally ill or protected by federal fair housing laws. Short-term rental means a residenƟal unit or any porƟon of a residenƟal unit that the owner of record or the lessee of the residenƟal unit oﬀers for occupancy for fewer than 30 consecuƟve days or a residenƟal unit or any porƟon of a residenƟal unit or that is actually used for accommodaƟons or lodging of guests for a period of less than thirty consecuƟve days. Agriculture (non-commercial) means the Ɵlling of the soil, the raising of crops, horƟculture and gardening, noncommercial greenhouses associated with residenƟal uses, but not including the keeping or raising of domesƟc 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. 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 including uses such as public schools, parks, playgrounds and other recreaƟonal faciliƟes, administraƟve and service faciliƟes, and public uƟliƟes. Religious assembly means any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious acƟviƟes. Accessory Uses and buildings/structures means a subordinate use or structure customarily incidental to and located upon the same lot occupied by a main use. Dormer means a roofed structure, oŌen containing a window, that projects verƟcally beyond the plane of a pitched roof. The peak roof elements of a dormer do not extend above the ridgeline of the pitched roof. Gable means the triangular porƟon of a wall between the edges of intersecƟng roof pitches. Habitable Space means any structure containing rooms that are used for living, sleeping, cooking, and eaƟng. Architectural Feature means a minor decoraƟve feature built into the design and construcƟon of the building in addiƟon to the occupiable space of the building. Such features may include but are not limited to overhangs, eaves, railings, bay windows, pelmets, and cupolas. Proximate Neighborhood means the lots within a 200’ radial distance from the subject property boundary. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.XX.X Medium Density Residential Zones 1 19.01.1.1 Medium Density Residential (R-2 and R-/4) Zones A. Purpose. 1. The purpose of the Medium Density Residential Zone is to provide ‘middle housing’ opportunities within Millcreek. This chapter identifies and establishes allowed uses (permitted and conditional) as well as provides use regulations, spatial requirements, and development standards which are consistent with the city's general plan for medium density residential areas within the city. This chapter applies to the following residential zones: R-2-6.5, R-2-8, R-2-10, and R-4-8.5 zones. The purpose of the Medium Density Residential (R-2/4) Zones are to establish medium density residential neighborhoods which provide persons who reside therein a comfortable, healthy, safe and pleasant environment, to provide more housing choices, and to promote affordable housing options. 2.1. The R-4-8.5 zone is designated as a “Legacy” zone district. New Rezone applications for the Legacy R-4-8.5 zones will not be accepted. B. Uses. 1. Uses in the Medium Density Residential (R-2 and R-/4) Zones are allowed, either as permitted or conditional, and may include certain limitationsas as set forth in Table 19.3.X. Permitted and Conditional Uses in Medium Density Residential Zone. If a use is not specifically designated in the table, then it is prohibited. 1. Table 19.XX.XX.1 Permitted and Conditional Uses in Medium Density (R-2 and R-/4) Residential Zones Table 19.02.3.1 Permitted and Conditional Uses in Medium Density Residential (R-2 and R-/4) Zones P = Permitted Use C = Conditional Use Review Blank means prohibited Land use R-2-6.5 R-2-8 R-2-10 R-4-8.5 Limitations/References Residential Uses Single household detached dwellings P P P P Includes detached and internal ADUs Two household dwelling P P P P Three and Four household dwelling P Residential Facility for Elderly Persons or P P P P Up to four occupants allowed without a request for a reasonable accommodation Formatted: Font: 11 pt Formatted: Font: 11 pt Formatted: Font: 11 pt Formatted: Font: 11 pt Formatted: Font: 11 pt Formatted: Font: 11 pt Formatted: Font: 11 pt Formatted: Font: 11 pt Formatted: Font: 11 pt Formatted: Font: 11 pt Formatted: Normal Formatted: Font: (Default) Segoe UI, Not Bold Formatted: Font: (Default) Segoe UI, Not Bold ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.XX.X Medium Density Residential Zones 2 C. Spatial Requirements 1. The minimum property size, width, setbacks, maximum height and lot size requirements, and maximum property coverage are as set forth in Table 19.2.X Spatial Requirements Setbacks and Lot Size Minimums for the Medium Density Residential (R-2 and R-4) Zoning Districts. 1. Figure 19. 1 Spatial Requirements Diagram Table 19.02.3.1 Permitted and Conditional Uses in Medium Density Residential (R-2 and R-/4) Zones P = Permitted Use C = Conditional Use Review Blank means prohibited Land use R-2-6.5 R-2-8 R-2-10 R-4-8.5 Limitations/References Person with a DisabilityGroup Homes Short-term rentals P P P P As set forth in MKC 5.19, Short-term rentalsProvided a valid Millcreek business license has been issued and in good standing with respect to the property. Civic and Institutional Uses Public Use P P P P Quasi-Public Use P P P P Religious Assembly P P P P Commercial Uses Agriculture P P P P Commercial Agriculture is Prohibited Commercial daycare/preschool C See MKZ 19.04.260 Miscellaneous Uses Temporary uses and buildings / structures P P P P See Temporary Use section xxx Accessory uses and buildings / structures P P P P See Accessory Use / structure section xxx Formatted: Font: (Default) Segoe UI, Not Bold Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted Table Formatted: Normal ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.XX.X Medium Density Residential Zones 3 Table 19.XX.XX.X Setback, and Lot SizeSpatial Requirements Minimums for the Medium Density Residential (R-2 and R-4) Zoning Districts Zone Min. Property Sizelot area Min. lot Property Wwidth Min. Front Setback Min. Side Setback Min. Rear Setback Maximum Property CoverageMax imum Building Height R-2-6.5 6,500 square feet 8,000 sq ftsquare feet for any other main building 60’ measured at 25’ from the front lotproperty line 25’ 8’ interior 20’ corner (street side yard) 20’ * 30’ † 40% R-2-8 8,000 square feet 8,000 sq ftsquare feet for any other main building 65’ measured at 30’ from the front property lot line 30’ 8’ interior 20’ corner (street side yard) 20’ * 30’ †38% Formatted: Normal, Don't keep lines together Formatted: Font: Bold Formatted: Spanish (Mexico) Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.XX.X Medium Density Residential Zones 4 * Non-residential uses require a minimum thirty foot (30’) rear setback No dwelling shall contain less than one story. Table 19.XX.XX.X Setback, and Lot SizeSpatial Requirements Minimums for the Medium Density Residential (R-2 and R-4) Zoning Districts Zone Min. Property Sizelot area Min. lot Property Wwidth Min. Front Setback Min. Side Setback Min. Rear Setback Maximum Property CoverageMax imum Building Height R-2-10 10,000 square feet 10,000 square feetsq ft for any other main building 65’ measured at 30’ from the front propertylot line 30’ 8’ interior 20’ corner (street side yard) 20’ * 30’ †35% R-4-8.5 8,500 square feet 8,000 square feetq ft for any other main building 60‘ measured at 25’ from the front lotproperty line 25’ 8’ interior 20’ corner (street side yard) 30’ 30’ †n/a Formatted: Font: Bold Formatted: Spanish (Mexico) Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red, Strikethrough ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.XX.X Medium Density Residential Zones 5 2. † On property where the slope of the original ground surface exceeds fifteen percent (15%) or the property is located in the hillside protection zone, the maximum building height shall be thirty feet The slope shall be determined using a line drawn from the highest point of elevation to the lowest point of elevation on the perimeter of a box which encircles the foundation line of the building or structure. Said box shall extend for a distance of fifteen feet or to the property line, whichever is less, around the foundation line of the building or structure. The elevation shall be determined using a certified topographic survey with a maximum contour interval of two feet.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 3. Civic and Institutional. Civic and Institutional Uses located within the R-2 and R-4 zones require a minimum twenty-foot (20’) rear and side yard setback when abutting and sharing a property line with a residential use. 4. 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 degreespercent, then the rear setback shall be increased one additional foot for every one degreepercent of slope in excess of 20 percent degrees. D. Building Height and Envelopes. 1. Minimum Height. All structures shall be a minimum of one-story in height. 2. Maximum Height. Maximum building heights shall be as set forth in figure Table 19.XX.3 Building Height and Building Envelop for the R-2 and R-4 Zones. 3. Building Envelope. The height of structures may be further limited by the building envelope. The building envelop is formed by measuring along all perimeter property lines a vertical distance of twelve feet (12’) above original ground surface, and then measuring an inward angle of sixty degrees (60°) towards the interior of the property to create an allowed building height envelope as set forth in Figure 19.XX.2. The entire building(s) shall fit under the building height envelope. Formatted: Font color: Red Formatted: Normal Formatted: Font color: Red ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.XX.X Medium Density Residential Zones 6 Figure 19.XX.2 Table 19.XX.3 Building Height and Building Envelope for R-2 & R-4 Zones Zones Maximum Building Height Building Envelope Wall Height Building Envelope Angle R-2-6.5 R-2-8 R-2-10 30’ (PC recommended 32’) 12’ 60° R-4-8.5 30’ (PC recommended 32’) 12’ 60° Formatted: Font: 9 pt, Font color: Auto Formatted: Font: 9 pt, Font color: Auto Formatted: Font: 9 pt Formatted: Normal, Indent: First line: 0.5" Formatted Table Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Centered ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.XX.X Medium Density Residential Zones 7 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. 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. 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. Formatted: Indent: Left: 0.69", No bullets or numbering Formatted: Font: (Default) Segoe UI, Font color: Text 2 Formatted: Font: (Default) Segoe UI, Font color: Text 2 Formatted: Font color: Red Formatted: Heading 5, Left, Space Before: 0 pt, After: 0 pt, Pattern: Clear Formatted: Font color: Red Formatted: Heading 6, Widow/Orphan control Formatted: Heading 7, Indent: First line: Widow/Orphan control Formatted: Left, Space Before: 2 pt, Line spacing: Multiple 1.08 li Formatted: List Paragraph, Left, Space Before: 2 pt ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.XX.X Medium Density Residential Zones 8 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 vision site areasclear 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. f. 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 Formatted: Font color: Red Formatted: Outline numbered + Level: 7 + Numbering Style: i, ii, iii, … + Start at: 1 + Alignment: Right + Aligned at: 2.1" + Indent at: 2.1" Formatted: Indent: Left: 2.1", No bullets or Formatted: Normal, Widow/Orphan control Formatted: Normal, Justified, Space After: Auto, Pattern: Clear (White) ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.XX.X Medium Density Residential Zones 9 D. F. Development and Design Standards. The following general development standards shall apply to all other structures located are applicable to Non-residential and Residential uses with three or more dwelling units in the R-2/ and 4 zones: 1. Building Massing and Orientation. Primary All residential buildings shall parallel street right of way with a minimum of 70% of the building façade abutting the ‘build-to’ or ‘setback lines’ along a street right of way. Only developments containing multiple residential buildings, may orient buildings towards a centrally located common landscaped open space area(s) such as a court yard or plaza, which are abutted by more than one building.structures shall be oriented to public and/or private streets .along the frontage of the property to create a unified streetscape. Where buildings are situated internally and are not along a public or private street, buildings shall be oriented toward a courtyard, or similar common open space. Developments containing multiple residential buildings shall not orient buildings in a linear “barrack style” layout. 2. Building Entrances. Functional residential ground level pedestrian entrance(s) are required on within a street-facing building façades and/, or for internal structures facades facing on a common open spaces which buildings are orientedAll developments shall have . direct pedestrian access connecting to a street right of way. Such Residential buildings entrance areas shall include a 100 square foot patio with an enclosure (fence, wall, hedge), no higher than four feet tall and a pedestrian access to the street. 3. Building Massing and Façade VariationArticulation for 3 and 4 Household Developments Containing Multiple Buildings. No more than two adjacent buildings in these zones shall exhibit the same or substantially the same front façade. For purposes of this section front all building façades require a minimum eighteen inch (18”) architectural relief for every forty feet of wall length. vVariation shall includes but are not limited to the following: a. Foundation jogs; b. Bay or box windows; c. Cantilevered living areas; d. Recessed garages; and/ or e. Usable front porches of at least six feet in depth that extend across 40 percent or more of the front façade. 4. Building Materials. One and two-family dwellings are excluded from building material requirements. Buildings containing more than two units shall require the following: Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font: 11 pt Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.XX.X Medium Density Residential Zones 10 a. Durable materials. All Eexterior materials facades shall be comprised ofof high quality, low maintenance,a durable or resilient naturematerials , such as brick, stone, stucco, architecturally textured concrete prefinished panel, composite, metal, materialsglazing), or other materials of similar quality, hardiness, and low maintenance characteristics shall be used. b. Façade Coverage. With the exception ofExcept for brick and/or stone, no single material is allowed toshall exceed 50 percent on of all any street-facing facades, excluding windows. Other materials may be considered for soffits, or as an accent or architectural feature. Twenty-five yearTwenty-five-year guarantee, architectural shingles and/or other longer lasting roof materials are required. If used, sStucco, EIFS, smoothed or polished concrete, or metal siding shall not exceed comprise no more than 20 percent of any façade visible from a street or from an abutting R-1 property. c. Material Variation. A change of materials is required between the ground story and all upper stories for 3 and 4 unit3- and 4-unit dwellings. Buildings with a primary (51%) material of brick or stone are exempt from this requirement. d. Windows. Windows and/or glass doors shall comprise at least 25 percent (25%) of the façade area of each story of any building facade facing a street, in side yards facing a street, or for the primary facade of internal buildings facing the common open space. 5. Required features. All residential development with more than three dwelling units shall provide the following: a. Unit Storage. Each unit shall be required to contain interior storage equal to 100 cubic feet. b. Washers and Dryers. All units shall include either washer and dryer hook-ups in each dwelling unit or provide a shared on-site laundry facility. 6. Privacy between units. Each development shall provide adequate visual and acoustical privacy for dwelling units. Fences, walks, barriers, landscaping, and internal 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. 7. Fencing shall meet the standards for buffers found in the Landscape Chapter. Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.XX.X Medium Density Residential Zones 11 8. Garbage and Recycling. Residential uses with three or more unit dwellingss shall provide garbage and recycling facilities on site and are subject to the following requirements for garbage and recycling: a. Garbage and recycling storage must occur on the property, and not on a public street right-of-way. b. Refuse totes, bins and dumpster storage shall not be located closer than 10 feet to any perimeter property line. c. Dumpsters shall be completely enclosed and located in a fully accessible area for collection by truck. Developments utilizing curbside collections must provide a dedicated space outside of rights-of-way, internal circulation areas, sidewalks, and driveways for curbside collection. d. Refuse totes, bins, and dumpster storage areas must be fully screened with an opaque fence or wall enclosure that is at minimum as tall as the objects being screened. An opaque gate the full height of the enclosure is required. Screening is also subject to the requirements of landscape buffer C as set forth in MKZ19.77. 9. HVAC Systems. HVAC systems shall be screened from view from the ground level vantage point along an adjacent street or private vehicular access. Screening must meet the requirements for landscape buffer C as set forth in MKZ19.77. 10. Utilities. All utilities shall be located underground. Utility equipment shall be screened from view as set forth in landscape buffer C in MKZ 19.77. Overhead telephone, cable, fiber optic, or transmission power lines shall be located underground. 11. Private Garages. If private garages are used to provide required parking spaces, the private garage shall meet the following standards: a. For a two-parking space garage, the minimum unobstructed size shall be twenty-two feet (22’) by twenty feet b. For a single parking space garage, the minimum unobstructed size shall be ten feet (10’) wide by twenty-two (22’) feet in length, or eleven feet (11’) wide by twenty feet (20”) in length. c. All private garages must have a minimum unobstructed height of six seven feet for the entire required length and width of the private garage. 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. Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.XX.X Medium Density Residential Zones 12 f. Vehicle access serving a private garage shall be at least 24 feet in width. 12. Vehicular Entry Gates. Vehicle entry gates are prohibited unless the gate services a parking garage structure or podium. Gates must be situated in a manner that doesshall not pose a traffic hazard due to vehicle queues waiting to enter through the gate. 13. Private or Shared Driveways. No more than two units may share a driveway. No driveway or combined driveway with the adjacent unit shall exceed twenty-four feet (24’) 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 width greater than or equal to sixty-six feet (66’) shall provide turnaround capabilities to prevent backing out onto the public street. 14. Sidewalks. Pedestrian circulation for the interior of the development shall be connected and contiguous. Pedestrian circulation paths shall link the primary public access of each building, unit or structure to the public street. All sidewalks are subject to applicable standards as set forth in Title 14. 15. 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 5 feet in height and are not required to be screened from view. Solar carport rooftops are encouraged. Wind power generators shall have a set back 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. 16. Yard Lights. An energy efficient street oriented yard light, maximum height of 8 feet is required, where public street lighting is inadequate, per street facing facade with a minimum lighting capacity of 0.2 foot candles and/or 500 lumens. Yard lights shall direct the light downward and include cut offs to prevent dark sky illumination. Yard lights shall be located within 5 feet of the public right of way. E. G. Related Provision. For additional information refer to the zoning ordinance and in particular the following sections: Table 19.XX.2 Related Provisions Formatted: Font color: Red Formatted: Font color: Red, Strikethrough Formatted: Strikethrough Formatted: Font color: Red, Strikethrough ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.XX.X Medium Density Residential Zones 13 Table 19.XX.XX.XX 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 19.01.1.2 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: • A building design which allows all occupants ready access to all portions of the building including cooking facilities; Formatted: Font color: Red ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.XX.X Medium Density Residential Zones 14 • 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. Dwelling, Three Household (Triplex) means a single building under a continuous roof containing three 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, Four Household (Fourplex, Quadplex) means a single building under a continuous roof containing 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. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.XX.X Medium Density Residential Zones 15 Dwelling, Multiple Household (Apartment) means a building arranged or designed to be occupied by more than four households. 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. Household means: A. Any number of people living together in a dwelling unit and related by blood, marriage or adoption, or approved foster care, and including up to three additional people; or B. One to four people living together in a dwelling.a group of not more than four unrelated persons occupying a dwelling unit or a group of persons as defined by state law as elderly or disabled. Property Line, Front means the property line of a lot or parcel which abuts street. If a lot or parcel does not abut a street, then the front property line shall be the property line closest to the nearest street or landscaped common open space area. Each lot or parcel shall only have one front property line. Property Line, Rear means the property line most distant from and generally parallel to the front property line. In the case of an irregularly shaped lot or parcel having no definable rear property line, the rear property line shall be a line ten feet (10') in length which is parallel with the front property line, and which connects two of the other property lines at points most distant from the front property line. Property Line, Side (interior) means the property lines which are generally radial to the front lot line or any lot lines which are not front or rear lot lines. Property Line, Side (corner or street side yard) means, any side property line abutting a street right of way. Religious Assembly means … Setback means the minimum required distance between a property line and a building or structure. Formatted: Font color: Red Formatted: Font: Not Bold, Font color: Red Formatted: Font color: Red Formatted: Font: Bold, Font color: Red Formatted: Font color: Red Formatted: Font: Bold, Font color: Red Formatted: Font: (Default) Segoe UI, Font color: Red Formatted: Font color: Red ---PAGE BREAK--- Page 1 of 3 Millcreek City Hall 3330 South 1300 East Millcreek, Utah 84106 millcreek.us Planning & Zoning (801) 214-2700 [EMAIL REDACTED] STAFF MEMORANDUM From: Millcreek Planning Staff To: Planning Commission Meeting Date: July 19, 2023 RE: Continuation of meeting to discuss recommendations from the June 21, 2023, Millcreek Planning Commission Public Hearing, pertaining to the proposed R-1, R-2 and R-4 zoning codes. File No(s): ZT-23-008 & ZT-23-009 Scope of Decision: Discretionary. This is a legislative matter, to be decided by the Millcreek City Council upon receiving a recommendation from the Community Council(s) and the Millcreek Planning Commission. Applicant: Millcreek Planning Staff Summary: The Millcreek Planning Commission held a Public Hearing/Meeting on June 21, 2023, to discuss proposed changes to both the R-1 Zones as well as the R-2 and R-4 Zones. Due to potential noticing errors as well as several questions and recommendations that come up during the meeting, the Planning Commission motioned to continue the Public Hearing and discussion to the following July 19th, 2023, meeting. Below is a summary of the items discussed and recommended to Staff, to incorporate into the proposed ordinance text for further consideration. The summary is divided into two parts; the first dealing with the R-1 text amendment and the second dealing with the R-2 and R-4 text amendment. Attached ais Staff’s response and attempt to address the items brought up by the Planning Commission. R-1 Zone Text Amendment - Planning Commission Recommendations o Support of allowing covered porches to encroach into the front yard setback up to 10’ feet. o Supports increasing maximum building height for R-1-8 Zone to 32’ feet o Supports having rear yard setback be based on slope. Staff Response to the R-1 Zone PC Recommendations o Added language within the code for covered porches and balconies to encroach 10 feet into the front yard setback. Porches and balconies shall not be enclosed and shall not violate line of sight for driveways and intersections. In no case may a porch or balcony be closer than 15’ feet from a ROW. Language does not restrict covered porches including second story however, the minimum 15-foot distance from ROW and height envelope requirements will still somewhat regulate some porch and balcony designs. ---PAGE BREAK--- Page 2 of 3 Millcreek City Hall 3330 South 1300 East Millcreek, Utah 84106 millcreek.us Planning & Zoning (801) 214-2700 [EMAIL REDACTED] o Added language to allow maximum building heights to increase from 30 feet to 32 feet for the R-1-8 Zone. o Added language stating, “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.” (Staff recommends to not include additional regulations pertaining to slope since the building height envelope already mostly regulates this). Medium Density (R-2 and R-4 Zone) Text Amendment - Planning Commission Recommendation o The Medium Density R-2 and R-4 Zones requirements should generally be harmonized with the R-1 Zones as follows: − Porches should be allowed to encroach up to 10 feet into the front yard setback. − Increase overall height from 30 feet to 32 feet. − Recommendation to incorporate the “60 degree” building height envelope, with a 12-foot beginning height, as measured at property lines. − Add language for rear yard setback to be based on slope. o Renewable Energy Incentives – Does this conflict with height envelopes? Staff Response to the Medium Density (R-2 and R-4) Zone PC Recommendations o Several items from the R-1 Zone have been incorporated into the Medium Density (R-2 & R-4) Zones as follows: − Added language within the code for covered porches and balconies to encroach 10 feet into the front yard setback. Porches and balconies shall not be enclosed and shall not violate line of sight for driveways and intersections. In no case may a porch or balcony be closer than 15’ feet from a ROW. Language does not restrict covered porches including second story however, the minimum 15-foot distance from ROW, and height envelope will still regulate some porch and balcony designs. − Increased overall height from 30 feet to 32 feet. − Incorporated language, table, and diagram for the “60 degree” building height envelope, with a 12-foot beginning height, as measured at property lines. − Building Height projections for Dormers and Gables have been included. − Added language to allow maximum building heights to increase from 30 feet to 32 feet for the R-2 and R-4 Zone. o Added language stating, “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.” (Staff does not recommends including additional regulations pertaining to slope, since the building height envelope already mostly regulates this). ---PAGE BREAK--- Page 3 of 3 Millcreek City Hall 3330 South 1300 East Millcreek, Utah 84106 millcreek.us Planning & Zoning (801) 214-2700 [EMAIL REDACTED] o Renewable Energy Incentives – Staff suggest removing this requirement and possibly reincorporate into a separate chapter pertaining to wind, solar and other renewable energy methods. Other Changes Being Proposed by Staff o In addition to building height projections, Staff is proposing additional “Setback Projections” into yard areas (applies to both R-1 & R-2/R-4 Zones). o Change “Civic and Institutional” Uses back from a “Conditional Use to a “Permitted Use (applies to both R-1 & R-2/R-4 Zones) o “Commercial Agricultural” Uses are prohibited (applies to both R-1 & R-2/R-4 Zones). o Added twenty-foot side and rear yard setback for civic and institutional uses when abutting residential uses (applies to both R-1 & R-2/R-4 Zones). o Added zero setback between attached units (applies to medium density zone only) o Consider removing the R-4 Zone from the Medium Density Zone and move to the RM Zone (still as a legacy zone). - Reasons for consideration:  RM Zone already allows for three- and four-unit dwellings.  Design Standards cannot be applied to one- and two-unit dwellings and are already part of the RM Zone.  Height envelopes and setbacks within the Medium Density Zone have since been tailored to more towards one- and two-unit dwellings. Supporting Materials: o June 19th Staff Reports (both Zones) o R-1 Zone - Draft 2 o Medium Density R-2 and R-4) Zone - Draft 2 ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.X.X Single-Household ResidenƟal Zones I 5.24.23 1 19.01.1.1 Single-Household Residential (R-1) Zones A. Purpose 1. The purpose of the R-1 zones is to establish single-household neighborhoods that provide persons who reside therein a comfortable, healthy, safe and pleasant environment. It is the intent to balance neighborhood compaƟbility with the private property interests of those who wish to expand, develop, improve or otherwise make exterior modiﬁcaƟon to their residenƟal property. B. Permited Uses and CondiƟonal Uses 1. Uses in the Single-Household ResidenƟal (R-1) Zones are allowed, either as permited or condiƟonal, and may include certain limitaƟons as set forth in Table 19.XX.1 Permited and CondiƟonal Uses in the Single-Household ResidenƟal (R-1) Zones. If a use is not speciﬁcally designated in the table, then it is prohibited. Table 19.XX.1 Permited and CondiƟonal Uses in the Single-Household ResidenƟal (R-1) Zones P= Permitted C= Conditional Use Review Required Land Use R-1 (All Zones) Limitations / References Residential Uses Single Household Dwelling P Accessory dwellings permited as set forth in MKZ 19.XX, Accessory dwellings. May be subject to the requirements set forth in the SensiƟve Lands Chapter 19.XX.XX ResidenƟal FaciliƟes for Elderly Persons or Persons with a Disability P As set forth in MKZ 19.87 ResidenƟal FaciliƟes for Persons with a Disability Short-term rentals P As set forth in MKC 5.19, Short-term rentals Commercial Uses Agriculture P Commercial Agriculture is ProhibitedNon-commercial Civic and Institutional Uses Public Uses P Quasi-Public Use P Religious Assembly P Miscellaneous Uses Accessory Uses, Buildings, and Structures P As set forth in MKZ 19.XX.XX Accessory Uses, Accessory Buildings, and Structures Formatted: Font color: Red ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.X.X Single-Household ResidenƟal Zones I 5.24.23 2 C. Spatial Requirements. 1. Setback Measurements. The minimum property size, width, setbacks, and lot size and maximum property coverage requirements are as determined by Table 19.XX.2 SpaƟal Requirements for the Single-Household ResidenƟal (R-1) Zones. 2. Civic and InsƟtuƟonal. Civic and InsƟtuƟonal Uses, require a minimum twenty- foot (20’) rear and side yard setback when abuƫng and sharing a property line with a residenƟal use. 3. 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 degreespercent, then the rear setback shall be increased one addiƟonal foot for every one degree of slope in excess of 20 dpercentegrees. 1. 2.4. Side Yard Setbacks on Lots 50% (Alt. 100% or apply to all lots) 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 enƟrely 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.2. Figure 19.XX.1 Spatial Requirements Diagram (letter labels related to Table 19.XX.2) Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Pattern: Clear (Yellow) Formatted: Font color: Red Formatted: Font color: Red Formatted: Not Expanded by / Condensed by Formatted: Normal Formatted: Indent: Hanging: 0.46" ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.X.X Single-Household ResidenƟal Zones I 5.24.23 3 ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.X.X Single-Household ResidenƟal Zones I 5.24.23 4 Figure 19.XX.2 Spatial Requirements Diagram D. Building Height and Building Envelopes. 1. Minimum height. All dwelling structures shall be a minimum of one- story in height. 2. Maximum Height. Maximum building height is as set forth in Table 19.XX.3 Building Height and Building Envelope for R-1 Zones. Table 19.XX.2 SpaƟal Requirements for the Single-Household ResidenƟal (R-1) Zones Zone Min. lot area Min. lot width Min. Front Setback ResidenƟal Use Min. Side Setbacks on interior lots ResidenƟal Use Min. Side Setbacks on corner Non- ResidenƟal Use Min. Side Setback Min. Rear Setback s Maximum Lot Coverage R-1-3 3,000 sq Ō 25’ 20’ 5’ 20’ 20’ (15’) 20’ 40% R-1-4 4,000 sq Ō 25’ 20’ 5’ 20’ 20’ (15’) 20’ 40% R-1-5 5,000 sq Ō 25’ 20’ 5’ 20’ 20’ (15’) 20’ 35% R-1-6 6, 000 sq Ō 60’ 25’ 8’ 20’ 20’ 20’ 35% R-1-8 8,000 sq Ō 65’ 25’ 8’ 20’ 20’ 20’ 33% R-1-10 10, 000 sq Ō 80’ 30’ 10’ 20’ 20’ 20’ 31% R-1-15 15,000 sq Ō 80’ 30’ 10’ 20’ 20’ . 20’ 25% R-1-21 21,000 sq Ō 100’ 30’ 10’ 20’ 20’ 20’ 25% ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.X.X Single-Household ResidenƟal Zones I 5.24.23 5 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 verƟcally perpendicular to the property line to a height and subsequent angle as set forth in Table 19.XX.3. The enƟre building shall ﬁt under this envelope except as described in the projecƟons secƟon below. (See ﬁgures 19.XX.2, 19.XX.3, and 19.XX.4 for building envelope illustraƟons) Table 19.XX.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 30’ 30’ 30’ 30’ 32’ Planning Commission Building Height RecommendaƟon 30’ 30’ 32’ 32’ 32’ Building Envelope Wall Height (alt 12’) 12’ 8’ 8’ 8’ Planning Commission Building Envelope Angle RecommendaƟon (alt. 60 degree) 60 ° 60° 45° 45° Staﬀ alternaƟve for R-1-8 Building Envelope Angle Dwellings on lots located in the R-1-8 zone that have been determined by staﬀ to be a legal lot of record and are nonconforming due to minimum lot width and minimum lot area can qualify to use the 60° Building Envelope Angle and 12’ Building Envelope Wall Height. Figure 19.XX.3 R-1-3, R-1-4, and R-1-5 Building Envelope Formatted Table ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.X.X Single-Household ResidenƟal Zones I 5.24.23 6 Figure 19.XX.4 R-1-6 Building Envelope (alternative – apply to R-1-3,4 and 5, 6, and 8) Figure 19.XX.2 R-1-8, R-1-10, R-1-15, and R-1-21 Building Envelope E. F. G. H. I. J. K. L. M. E . ProjecƟons. N. 1. Building Height Envelope ProjecƟons. Dormers, Gables, and non- habitable architectural elements may project beyond the building height envelope if they meet the following criteria: 1.a. Dormers: a. i. The width of the dormer shall not exceed fourteen (14) feet; b. ii. MulƟple 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. iii. The dormer shall be no higher than the ridge of the roof. 2.b. Gables: Formatted: Indent: Left: 1.2", No bullets or Formatted: Heading 6, Widow/Orphan control ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.X.X Single-Household ResidenƟal Zones I 5.24.23 7 a. i. The height of the gable is less than 1.75 Ɵmes higher than the point where the graduated building height envelope intersects the gable; b. ii. The height of the gable is less than the maximum building height; and c. iii. The length of the gable comprises no more than 25% of the length of the building façade. 2. Setback ProjecƟons. The following may be erected on, or project into the required yard setbacks: a. Fences and walls in conformance with this code. b. Landscape elements, including trees, shrubs and other plants. c. UƟlity or irrigaƟon equipment or faciliƟes. d. Decks, patios, porches, driveways, sidewalks, stairs, landings, not exceeding two feet above grade. 3. Covered Pporches and balconies . e. Uncovered front porches may project up to ten (10) feet into the front yard or street side yard setback if they meet the following criteria:. i. Porches and balconies shall remain unenclosed or “open style” (not no walls, doors, windows, screens, etc.) except for the minimum required handrail. ii. Porches and balconies shall not encroach into any easements or clear vision site areas. iii. Porches, balconies, stairs, landings, eaves which project into the setbacks, shall not be located closer than ﬁŌeen feet (15’) from a street property line, or project outside of the building height envelope. a. PC Covered front porches may project up to ten (10) feet into the front yard Setback (clear vision site area) b. A porch or secƟon of a porch with a deck above is considered covered 4.3. Other architectural features elements such as eaves, railings, or windowsills:which are not used as habitable space. Formatted: Heading 7, Indent: First line: Widow/Orphan control Formatted: Font color: Red Formatted: Font: (Default) +Body (Calibri), Font color: Red Formatted: Left, Indent: Left: 1.44", Hanging: 0.46", Space Before: 2 pt, Line spacing: Multiple 1.08 li, Tab stops: Not at 1.75" Formatted: Font color: Red Formatted: Font: (Default) +Body (Calibri), Font color: Red Formatted: Font color: Red Formatted: Font: (Default) Segoe UI, Font color: Red Formatted: Font color: Red Formatted: Pattern: Clear (Yellow) Formatted: Normal Formatted: Indent: Left: 1.44", First line: 0" Formatted: Font color: Red Formatted: Indent: Left: 1.44", No bullets or numbering Formatted: Font color: Red ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.X.X Single-Household ResidenƟal Zones I 5.24.23 8 i. Cornices, eaves, sills, planter boxes, stairways, landings, awnings, window wells, or similar architectural features atached 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 canƟlevered walls atached 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 a. F. The architectural feature does not extend beyond the building height envelope more than two feet. b. The architectural feature shall not include habitable space. ArƟculaƟon. To avoid a large, conƟnuous building mass of uniform height; no porƟon of any building shall conƟnue more than forty feet horizontally without a minimum of an eighteen-inch break in the rooﬂine or introducƟon of a contrasƟng architectural element such as an overhang, projecƟon, or inset of a minimum depth of two feet from the primary façade plane, to create shadow paterns along the elevaƟon of the building. See ﬁgures 19.XX.6 and 19.XX.7 below for dormer and gable exception illustration Figure 19.XX.6 Dormer and Gable illustration Formatted: Font: (Default) +Body (Calibri), Font color: Red Formatted: Heading 7, Widow/Orphan control ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.X.X Single-Household ResidenƟal Zones I 5.24.23 9 Figure 19.XX.7 Gable projecting beyond building height envelope exception 19.01.1.2 Neighborhood Compatibility Modification (NCM). A. Recognizing the wide variaƟon of circumstances incident to a residenƟal development applicaƟon, Millcreek is providing for addiƟonal means to modify standards based on neighborhood compaƟbility. The Neighborhood CompaƟbility ModiﬁcaƟon (NCM) allows for modiﬁed standards from one or more of the spaƟal standards based upon the compaƟbility of the proposed residenƟal development applicaƟon with other lots/dwellings in the proximate neighborhood. The Planning Director may approve a NCM request at Ɵme of site plan submital provided the following condiƟons are met: 1. Evidence. Compliance with the corresponding neighborhood condiƟons must be established by an engineering survey from the proximate neighborhood, deﬁned as a 200’ radial distance from the property boundary. 2. Submital. NCM requests shall be submited on a separate form and shall include an addiƟonal review fee as set forth in the Millcreek Consolidated Fee Schedule. 3. Permissible ModiﬁcaƟons. NCM Standards. Building height, setbacks and lot coverage modiﬁcaƟons may be accommodated if the request does not exceed the allowances as set forth in Table 19.X.X NCM Standards. 4. Non-Permissible ModiﬁcaƟons. Building envelope, mass and scale, and accessory structure modiﬁcaƟons do not qualify under the NCM. Table 19.XX.4. NCM Standards ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.X.X Single-Household ResidenƟal Zones I 5.24.23 10 Table 19.XX.4 NCM Standards Zone Lot Coverage Front Setback Side Setback Rear Setback Max Height R-1-3 33’ 40% * 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 neighborhood, 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 residenƟal 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-1-4 33’ 40% * R-1-5 33’ 40% * 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% * *Lot coverage for all lots may not exceed more than 1.15 Ɵmes the average lot coverage of proximate neighborhood lots B. Related Provisions. For addiƟonal informaƟon refer to the zoning ordinance and in parƟcular the following secƟons: Related Provisions Reference Section Topic MKZ 19.76.020 Occupancy permit MKZ 19.04.560 Yard MKZ 19.76.080 Lots and buildings on private rights-of-ways 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 limitaƟons—ExcepƟons MKZ 19.76.200 AddiƟonal height allowed when MKZ 19.76.210 Oﬀ-site improvements MKZ 19.76.290 Single-household or two-household dwellings—Standards MKZ 19.80.040 Number of spaces required MKZ 19.89 Accessory Dwelling Units MKZ 19.XX Temporary Uses and Structures MKZ 19.XX SensiƟve Lands MKZ 19.82 Sign Ordinance MKC Title 18 Subdivisions ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.X.X Single-Household ResidenƟal Zones I 5.24.23 11 19.01.1.3 Definitions (to be moved to definitions) Single household detached dwelling means a separate building arranged or designed to be occupied by one household unit, the structure having only one primary dwelling unit. ResidenƟal FaciliƟes for Persons with a Disability (group home) means a home where a small number of unrelated people in need of care, support, or supervision can live together, such as those who are elderly or mentally ill or protected by federal fair housing laws. Short-term rental means a residenƟal unit or any porƟon of a residenƟal unit that the owner of record or the lessee of the residenƟal unit oﬀers for occupancy for fewer than 30 consecuƟve days or a residenƟal unit or any porƟon of a residenƟal unit or that is actually used for accommodaƟons or lodging of guests for a period of less than thirty consecuƟve days. Agriculture (non-commercial) means the Ɵlling of the soil, the raising of crops, horƟculture and gardening, noncommercial greenhouses associated with residenƟal uses, but not including the keeping or raising of domesƟc 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. 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 including uses such as public schools, parks, playgrounds and other recreaƟonal faciliƟes, administraƟve and service faciliƟes, and public uƟliƟes. Religious assembly means any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious acƟviƟes. Accessory Uses and buildings/structures means a subordinate use or structure customarily incidental to and located upon the same lot occupied by a main use. Dormer means a roofed structure, oŌen containing a window, that projects verƟcally beyond the plane of a pitched roof. The peak roof elements of a dormer do not extend above the ridgeline of the pitched roof. Gable means the triangular porƟon of a wall between the edges of intersecƟng roof pitches. Habitable Space means any structure containing rooms that are used for living, sleeping, cooking, and eaƟng. Architectural Feature means a minor decoraƟve feature built into the design and construcƟon of the building in addiƟon to the occupiable space of the building. Such features may include but are not limited to overhangs, eaves, railings, bay windows, pelmets, and cupolas. Proximate Neighborhood means the lots within a 200’ radial distance from the subject property boundary. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.XX.X Medium Density Residential Zones 1 19.01.1.1 Medium Density Residential (R-2 and R-/4) Zones A. Purpose. 1. The purpose of the Medium Density Residential Zone is to provide ‘middle housing’ opportunities within Millcreek. This chapter identifies and establishes allowed uses (permitted and conditional) as well as provides use regulations, spatial requirements, and development standards which are consistent with the city's general plan for medium density residential areas within the city. This chapter applies to the following residential zones: R-2-6.5, R-2-8, R-2-10, and R-4-8.5 zones. The purpose of the Medium Density Residential (R-2/4) Zones are to establish medium density residential neighborhoods which provide persons who reside therein a comfortable, healthy, safe and pleasant environment, to provide more housing choices, and to promote affordable housing options. 2.1. The R-4-8.5 zone is designated as a “Legacy” zone district. New Rezone applications for the Legacy R-4-8.5 zones will not be accepted. B. Uses. 1. Uses in the Medium Density Residential (R-2 and R-/4) Zones are allowed, either as permitted or conditional, and may include certain limitationsas as set forth in Table 19.3.X. Permitted and Conditional Uses in Medium Density Residential Zone. If a use is not specifically designated in the table, then it is prohibited. 1. Table 19.XX.XX.1 Permitted and Conditional Uses in Medium Density (R-2 and R-/4) Residential Zones Table 19.02.3.1 Permitted and Conditional Uses in Medium Density Residential (R-2 and R-/4) Zones P = Permitted Use C = Conditional Use Review Blank means prohibited Land use R-2-6.5 R-2-8 R-2-10 R-4-8.5 Limitations/References Residential Uses Single household detached dwellings P P P P Includes detached and internal ADUs Two household dwelling P P P P Three and Four household dwelling P Residential Facility for Elderly Persons or P P P P Up to four occupants allowed without a request for a reasonable accommodation Formatted: Font: 11 pt Formatted: Font: 11 pt Formatted: Font: 11 pt Formatted: Font: 11 pt Formatted: Font: 11 pt Formatted: Font: 11 pt Formatted: Font: 11 pt Formatted: Font: 11 pt Formatted: Font: 11 pt Formatted: Font: 11 pt Formatted: Normal Formatted: Font: (Default) Segoe UI, Not Bold Formatted: Font: (Default) Segoe UI, Not Bold ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.XX.X Medium Density Residential Zones 2 C. Spatial Requirements 1. The minimum property size, width, setbacks, maximum height and lot size requirements, and maximum property coverage are as set forth in Table 19.2.X Spatial Requirements Setbacks and Lot Size Minimums for the Medium Density Residential (R-2 and R-4) Zoning Districts. 1. Figure 19. 1 Spatial Requirements Diagram Table 19.02.3.1 Permitted and Conditional Uses in Medium Density Residential (R-2 and R-/4) Zones P = Permitted Use C = Conditional Use Review Blank means prohibited Land use R-2-6.5 R-2-8 R-2-10 R-4-8.5 Limitations/References Person with a DisabilityGroup Homes Short-term rentals P P P P As set forth in MKC 5.19, Short-term rentalsProvided a valid Millcreek business license has been issued and in good standing with respect to the property. Civic and Institutional Uses Public Use P P P P Quasi-Public Use P P P P Religious Assembly P P P P Commercial Uses Agriculture P P P P Commercial Agriculture is Prohibited Commercial daycare/preschool C See MKZ 19.04.260 Miscellaneous Uses Temporary uses and buildings / structures P P P P See Temporary Use section xxx Accessory uses and buildings / structures P P P P See Accessory Use / structure section xxx Formatted: Font: (Default) Segoe UI, Not Bold Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted Table Formatted: Normal ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.XX.X Medium Density Residential Zones 3 Table 19.XX.XX.X Setback, and Lot SizeSpatial Requirements Minimums for the Medium Density Residential (R-2 and R-4) Zoning Districts Zone Min. Property Sizelot area Min. lot Property Wwidth Min. Front Setback Min. Side Setback Min. Rear Setback Maximum Property CoverageMax imum Building Height R-2-6.5 6,500 square feet 8,000 sq ftsquare feet for any other main building 60’ measured at 25’ from the front lotproperty line 25’ 8’ interior 20’ corner (street side yard) 20’ * 30’ † 40% R-2-8 8,000 square feet 8,000 sq ftsquare feet for any other main building 65’ measured at 30’ from the front property lot line 30’ 8’ interior 20’ corner (street side yard) 20’ * 30’ †38% Formatted: Normal, Don't keep lines together Formatted: Font: Bold Formatted: Spanish (Mexico) Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.XX.X Medium Density Residential Zones 4 * Non-residential uses require a minimum thirty foot (30’) rear setback No dwelling shall contain less than one story. Table 19.XX.XX.X Setback, and Lot SizeSpatial Requirements Minimums for the Medium Density Residential (R-2 and R-4) Zoning Districts Zone Min. Property Sizelot area Min. lot Property Wwidth Min. Front Setback Min. Side Setback Min. Rear Setback Maximum Property CoverageMax imum Building Height R-2-10 10,000 square feet 10,000 square feetsq ft for any other main building 65’ measured at 30’ from the front propertylot line 30’ 8’ interior 20’ corner (street side yard) 20’ * 30’ †35% R-4-8.5 8,500 square feet 8,000 square feetq ft for any other main building 60‘ measured at 25’ from the front lotproperty line 25’ 8’ interior 20’ corner (street side yard) 30’ 30’ †n/a Formatted: Font: Bold Formatted: Spanish (Mexico) Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red, Strikethrough ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.XX.X Medium Density Residential Zones 5 2. † On property where the slope of the original ground surface exceeds fifteen percent (15%) or the property is located in the hillside protection zone, the maximum building height shall be thirty feet The slope shall be determined using a line drawn from the highest point of elevation to the lowest point of elevation on the perimeter of a box which encircles the foundation line of the building or structure. Said box shall extend for a distance of fifteen feet or to the property line, whichever is less, around the foundation line of the building or structure. The elevation shall be determined using a certified topographic survey with a maximum contour interval of two feet.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 3. Civic and Institutional. Civic and Institutional Uses located within the R-2 and R-4 zones require a minimum twenty-foot (20’) rear and side yard setback when abutting and sharing a property line with a residential use. 4. 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 degreespercent, then the rear setback shall be increased one additional foot for every one degreepercent of slope in excess of 20 percent degrees. D. Building Height and Envelopes. 1. Minimum Height. All structures shall be a minimum of one-story in height. 2. Maximum Height. Maximum building heights shall be as set forth in figure Table 19.XX.3 Building Height and Building Envelop for the R-2 and R-4 Zones. 3. Building Envelope. The height of structures may be further limited by the building envelope. The building envelop is formed by measuring along all perimeter property lines a vertical distance of twelve feet (12’) above original ground surface, and then measuring an inward angle of sixty degrees (60°) towards the interior of the property to create an allowed building height envelope as set forth in Figure 19.XX.2. The entire building(s) shall fit under the building height envelope. Formatted: Font color: Red Formatted: Normal Formatted: Font color: Red ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.XX.X Medium Density Residential Zones 6 Figure 19.XX.2 Table 19.XX.3 Building Height and Building Envelope for R-2 & R-4 Zones Zones Maximum Building Height Building Envelope Wall Height Building Envelope Angle R-2-6.5 R-2-8 R-2-10 30’ (PC recommended 32’) 12’ 60° R-4-8.5 30’ (PC recommended 32’) 12’ 60° Formatted: Font: 9 pt, Font color: Auto Formatted: Font: 9 pt, Font color: Auto Formatted: Font: 9 pt Formatted: Normal, Indent: First line: 0.5" Formatted Table Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Centered ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.XX.X Medium Density Residential Zones 7 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. 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. 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. Formatted: Indent: Left: 0.69", No bullets or numbering Formatted: Font: (Default) Segoe UI, Font color: Text 2 Formatted: Font: (Default) Segoe UI, Font color: Text 2 Formatted: Font color: Red Formatted: Heading 5, Left, Space Before: 0 pt, After: 0 pt, Pattern: Clear Formatted: Font color: Red Formatted: Heading 6, Widow/Orphan control Formatted: Heading 7, Indent: First line: Widow/Orphan control Formatted: Left, Space Before: 2 pt, Line spacing: Multiple 1.08 li Formatted: List Paragraph, Left, Space Before: 2 pt ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.XX.X Medium Density Residential Zones 8 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 vision site areasclear 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. f. 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 Formatted: Font color: Red Formatted: Outline numbered + Level: 7 + Numbering Style: i, ii, iii, … + Start at: 1 + Alignment: Right + Aligned at: 2.1" + Indent at: 2.1" Formatted: Indent: Left: 2.1", No bullets or Formatted: Normal, Widow/Orphan control Formatted: Normal, Justified, Space After: Auto, Pattern: Clear (White) ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.XX.X Medium Density Residential Zones 9 D. F. Development and Design Standards. The following general development standards shall apply to all other structures located are applicable to Non-residential and Residential uses with three or more dwelling units in the R-2/ and 4 zones: 1. Building Massing and Orientation. Primary All residential buildings shall parallel street right of way with a minimum of 70% of the building façade abutting the ‘build-to’ or ‘setback lines’ along a street right of way. Only developments containing multiple residential buildings, may orient buildings towards a centrally located common landscaped open space area(s) such as a court yard or plaza, which are abutted by more than one building.structures shall be oriented to public and/or private streets .along the frontage of the property to create a unified streetscape. Where buildings are situated internally and are not along a public or private street, buildings shall be oriented toward a courtyard, or similar common open space. Developments containing multiple residential buildings shall not orient buildings in a linear “barrack style” layout. 2. Building Entrances. Functional residential ground level pedestrian entrance(s) are required on within a street-facing building façades and/, or for internal structures facades facing on a common open spaces which buildings are orientedAll developments shall have . direct pedestrian access connecting to a street right of way. Such Residential buildings entrance areas shall include a 100 square foot patio with an enclosure (fence, wall, hedge), no higher than four feet tall and a pedestrian access to the street. 3. Building Massing and Façade VariationArticulation for 3 and 4 Household Developments Containing Multiple Buildings. No more than two adjacent buildings in these zones shall exhibit the same or substantially the same front façade. For purposes of this section front all building façades require a minimum eighteen inch (18”) architectural relief for every forty feet of wall length. vVariation shall includes but are not limited to the following: a. Foundation jogs; b. Bay or box windows; c. Cantilevered living areas; d. Recessed garages; and/ or e. Usable front porches of at least six feet in depth that extend across 40 percent or more of the front façade. 4. Building Materials. One and two-family dwellings are excluded from building material requirements. Buildings containing more than two units shall require the following: Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font: 11 pt Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.XX.X Medium Density Residential Zones 10 a. Durable materials. All Eexterior materials facades shall be comprised ofof high quality, low maintenance,a durable or resilient naturematerials , such as brick, stone, stucco, architecturally textured concrete prefinished panel, composite, metal, materialsglazing), or other materials of similar quality, hardiness, and low maintenance characteristics shall be used. b. Façade Coverage. With the exception ofExcept for brick and/or stone, no single material is allowed toshall exceed 50 percent on of all any street-facing facades, excluding windows. Other materials may be considered for soffits, or as an accent or architectural feature. Twenty-five yearTwenty-five-year guarantee, architectural shingles and/or other longer lasting roof materials are required. If used, sStucco, EIFS, smoothed or polished concrete, or metal siding shall not exceed comprise no more than 20 percent of any façade visible from a street or from an abutting R-1 property. c. Material Variation. A change of materials is required between the ground story and all upper stories for 3 and 4 unit3- and 4-unit dwellings. Buildings with a primary (51%) material of brick or stone are exempt from this requirement. d. Windows. Windows and/or glass doors shall comprise at least 25 percent (25%) of the façade area of each story of any building facade facing a street, in side yards facing a street, or for the primary facade of internal buildings facing the common open space. 5. Required features. All residential development with more than three dwelling units shall provide the following: a. Unit Storage. Each unit shall be required to contain interior storage equal to 100 cubic feet. b. Washers and Dryers. All units shall include either washer and dryer hook-ups in each dwelling unit or provide a shared on-site laundry facility. 6. Privacy between units. Each development shall provide adequate visual and acoustical privacy for dwelling units. Fences, walks, barriers, landscaping, and internal 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. 7. Fencing shall meet the standards for buffers found in the Landscape Chapter. Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.XX.X Medium Density Residential Zones 11 8. Garbage and Recycling. Residential uses with three or more unit dwellingss shall provide garbage and recycling facilities on site and are subject to the following requirements for garbage and recycling: a. Garbage and recycling storage must occur on the property, and not on a public street right-of-way. b. Refuse totes, bins and dumpster storage shall not be located closer than 10 feet to any perimeter property line. c. Dumpsters shall be completely enclosed and located in a fully accessible area for collection by truck. Developments utilizing curbside collections must provide a dedicated space outside of rights-of-way, internal circulation areas, sidewalks, and driveways for curbside collection. d. Refuse totes, bins, and dumpster storage areas must be fully screened with an opaque fence or wall enclosure that is at minimum as tall as the objects being screened. An opaque gate the full height of the enclosure is required. Screening is also subject to the requirements of landscape buffer C as set forth in MKZ19.77. 9. HVAC Systems. HVAC systems shall be screened from view from the ground level vantage point along an adjacent street or private vehicular access. Screening must meet the requirements for landscape buffer C as set forth in MKZ19.77. 10. Utilities. All utilities shall be located underground. Utility equipment shall be screened from view as set forth in landscape buffer C in MKZ 19.77. Overhead telephone, cable, fiber optic, or transmission power lines shall be located underground. 11. Private Garages. If private garages are used to provide required parking spaces, the private garage shall meet the following standards: a. For a two-parking space garage, the minimum unobstructed size shall be twenty-two feet (22’) by twenty feet b. For a single parking space garage, the minimum unobstructed size shall be ten feet (10’) wide by twenty-two (22’) feet in length, or eleven feet (11’) wide by twenty feet (20”) in length. c. All private garages must have a minimum unobstructed height of six seven feet for the entire required length and width of the private garage. 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. Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.XX.X Medium Density Residential Zones 12 f. Vehicle access serving a private garage shall be at least 24 feet in width. 12. Vehicular Entry Gates. Vehicle entry gates are prohibited unless the gate services a parking garage structure or podium. Gates must be situated in a manner that doesshall not pose a traffic hazard due to vehicle queues waiting to enter through the gate. 13. Private or Shared Driveways. No more than two units may share a driveway. No driveway or combined driveway with the adjacent unit shall exceed twenty-four feet (24’) 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 width greater than or equal to sixty-six feet (66’) shall provide turnaround capabilities to prevent backing out onto the public street. 14. Sidewalks. Pedestrian circulation for the interior of the development shall be connected and contiguous. Pedestrian circulation paths shall link the primary public access of each building, unit or structure to the public street. All sidewalks are subject to applicable standards as set forth in Title 14. 15. 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 5 feet in height and are not required to be screened from view. Solar carport rooftops are encouraged. Wind power generators shall have a set back 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. 16. Yard Lights. An energy efficient street oriented yard light, maximum height of 8 feet is required, where public street lighting is inadequate, per street facing facade with a minimum lighting capacity of 0.2 foot candles and/or 500 lumens. Yard lights shall direct the light downward and include cut offs to prevent dark sky illumination. Yard lights shall be located within 5 feet of the public right of way. E. G. Related Provision. For additional information refer to the zoning ordinance and in particular the following sections: Table 19.XX.2 Related Provisions Formatted: Font color: Red Formatted: Font color: Red, Strikethrough Formatted: Strikethrough Formatted: Font color: Red, Strikethrough ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.XX.X Medium Density Residential Zones 13 Table 19.XX.XX.XX 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 19.01.1.2 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: • A building design which allows all occupants ready access to all portions of the building including cooking facilities; Formatted: Font color: Red ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.XX.X Medium Density Residential Zones 14 • 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. Dwelling, Three Household (Triplex) means a single building under a continuous roof containing three 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, Four Household (Fourplex, Quadplex) means a single building under a continuous roof containing 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. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.XX.X Medium Density Residential Zones 15 Dwelling, Multiple Household (Apartment) means a building arranged or designed to be occupied by more than four households. 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. Household means: A. Any number of people living together in a dwelling unit and related by blood, marriage or adoption, or approved foster care, and including up to three additional people; or B. One to four people living together in a dwelling.a group of not more than four unrelated persons occupying a dwelling unit or a group of persons as defined by state law as elderly or disabled. Property Line, Front means the property line of a lot or parcel which abuts street. If a lot or parcel does not abut a street, then the front property line shall be the property line closest to the nearest street or landscaped common open space area. Each lot or parcel shall only have one front property line. Property Line, Rear means the property line most distant from and generally parallel to the front property line. In the case of an irregularly shaped lot or parcel having no definable rear property line, the rear property line shall be a line ten feet (10') in length which is parallel with the front property line, and which connects two of the other property lines at points most distant from the front property line. Property Line, Side (interior) means the property lines which are generally radial to the front lot line or any lot lines which are not front or rear lot lines. Property Line, Side (corner or street side yard) means, any side property line abutting a street right of way. Religious Assembly means … Setback means the minimum required distance between a property line and a building or structure. Formatted: Font color: Red Formatted: Font: Not Bold, Font color: Red Formatted: Font color: Red Formatted: Font: Bold, Font color: Red Formatted: Font color: Red Formatted: Font: Bold, Font color: Red Formatted: Font: (Default) Segoe UI, Font color: Red Formatted: Font color: Red

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