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Millcreek City Hall 1330 E Chambers Ave Millcreek, Utah 84106 millcreekut.gov Planning & Zoning (801) 214-2700 [EMAIL REDACTED] ZT-24-009 Staff Report Applicant: Millcreek Date: 9/9/24 Re: Amendments to the accessory building code Prepared By: Sean Murray Scope of Decision: Discretionary. This is a legislative matter, to be decided by the Millcreek City Council upon receiving a recommendation from the Community Councils and the Millcreek Planning Commission. Your recommendation can be broad in scope, but should consider prior adopted policies, especially the Millcreek General Plan. REQUEST AND SYNOPSIS Millcreek is proposing changes to the ordinance that regulates accessory buildings and structures in Millcreek. This is part of the larger Millcreek zoning code update. Currently, rules and regulations for accessory buildings are found at the end of each of the residential zoning chapters. These rules are the same in the R-1, R-2, and R-4 zones. The residential multifamily zone has similar standards but are less descriptive than those found in the R-1, R-2, and R-4 zones. AG zones will also be affected by this new section of code. The updated code would add new rules and regulations to the RM and AG zones that are currently found in the R-1, R-2, and R-4 zones. Millcreek is moving the accessory structure rules to its own chapter that will apply to all of the above zoning designations. GENERAL PLAN CONSIDERATIONS CHOICE. GOAL N–2: Strive for a variety of housing choices in types, styles, and costs of housing throughout Millcreek. 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. Making it easier for residents to build accessory structures that meet their needs keeps them investing in our community and brings more potential residents to Millcreek. ---PAGE BREAK--- Request: Amendments to the accessory building code ZT-24-009 Page 2 of 4 PROPOSED ORDINANCE AMENDMENTS Attached to this staff report is a proposed draft of the accessory building code. A summary of the proposed changes is discussed below: Requirement Current Standard Proposed Standard Rationale 19.14.070(D) Accessory structures cannot exceed 60% the footprint of the primary structure or 600 sf, whichever is greater Rule removed in favor of a total lot coverage requirement The current rule punishes modest homes with smaller building footprints. By changing to a total lot coverage requirement, it allows for increased flexibility for property owner. 19.14.070(E) Maximum accessory building yard coverage requirements Rule removed in favor of a total lot coverage requirement This rule adds layers to the code that can reduce the feasibility of building a desired accessory building. Removing it will allow more property owner flexibility and simplify the code. 19.44.070(C)(4) On lots where the rear yard abuts a side yard of another residential dwelling, the minimum setback for an accessory building is 10 feet from the abutting side yard. Rule removed This rule is rarely used and only affects a small number of properties in Millcreek. Planning Commission recommended removing it. 19.44.040 Minimal design standards for accessory structures Alignment with current accessory structure design standards Aligning these rules will ensure accessory buildings on RM zoned properties match those on lower density residential lots. 19.44.040 10-foot separation from primary building to accessory structure 6-foot separation from primary building to accessory structure Keeps standards simpler across zones. COMMUNITY COUNCILS East Mill Creek Community Council During their regularly scheduled meeting, the EMCC supported the changes to the accessory building code changes as proposed by staff. They made a unanimous motion to recommend the changes to the planning commission in a 7-0 vote. Their recommendation letter is attached at the end of this document. Mount Olympus Community Council The MOCC supported the changes to the accessory building code as proposed by staff. They voted to recommend the changes to the planning commission 5-0 with one member abstaining from voting. ---PAGE BREAK--- Request: Amendments to the accessory building code ZT-24-009 Page 3 of 4 Millcreek Community Council The MCC did not have any comments on the proposed changes to the accessory building code. Their recommendation letter is attached at the end of this document. Canyon Rim Citizens Association During their regularly scheduled their meeting, the CRCA heard the proposed changes to the accessory building code and had no issues with the proposed changes. They did not have a quorum to make a recommendation but stated that the proposed changes made sense as proposed. PLANNING COMMISSION During their regularly scheduled meeting on August 21st, the planning commission heard the proposed changes to the accessory building code. Commissioners did not raise any concerns about the proposal put forward by staff. The changes were seen as an improvement on the current code. However, commissioners discussed two other items in depth during the meeting. The first was whether the rule surrounding a required 10-foot setback when a rear yard abuts a neighboring side yard should remain. Chair LaMar spoke of his own experience with this rule that seemed to be an outlier in the code. He pointed out that corner lots would be the most affected by this rule. Other commissioners did not understand why the rule was there in the first place and were in favor of removing it and following the standard setback rules for accessory buildings. The second discussion point surrounded how to regulate accessory buildings on flag lots. In the newly adopted flag lot code, there is a new concept of a buildable area that is 20 feet from all property lines. Commissioners were asked if this should include accessory buildings or if they would follow the usual placement rules when on flag lots. Commissioners were in favor of allowing accessory buildings to be built to the regular standards on flag lots and not be beholden to the buildable area that the primary structure must adhere to. Commissioners voted unanimously to recommend approval of the proposed ordinance to the City Council with the added language of dropping the 10 foot rear / side yard setback rule and allowing for accessory buildings to be built within the 20 foot setback on flag lots. PLANNING STAFF RECOMMENDATIONS In working with residents, issues surrounding coverage requirements and total sizes based on house footprint have limited what people can do on their property. The 60% of the footprint of the primary structure rule punishes smaller homes that are located on larger lots. This along with the rule that sets out specific accessory building lot coverage amounts makes the code difficult to understand, implement, and enforce. Removing these rules in favor of an overall lot coverage requirement allows more flexibility for residents and simplifies the code. Staff agrees with the planning commission’s recommendation to remove the setback rule when a rear yard is abutting a side yard for accessory buildings as well as flag lots being allowed to build accessory structures within the 20 foot setback area. All other rules within the accessory building code will remain the same. There is no change being proposed to setbacks, height rules, building location, or design standards for accessory structures in the R-1, R-2, or R-4 zones. Design standards will be applied to accessory buildings in the RM zone in the same way they are for lower density residential zones. AG zones will be held to the same standards as the low-density residential zones listed above as well. Existing structures that do not ---PAGE BREAK--- Request: Amendments to the accessory building code ZT-24-009 Page 4 of 4 meet the standards of the code at the time of adoption, will be deemed nonconforming and allowed to exist in accordance with rules found in MKZ 19.88 Nonconforming Uses and Noncomplying Structures. SUPPORTING DOCUMENTS • Current accessory building code • Proposed accessory building code • Community Council letters ---PAGE BREAK--- 19.14.070 Accessory Buildings A. Location Requirements: 1. Accessory buildings shall only be allowed in a rear yard, or within the side or rear setbacks of the main building of the lot, provided the accessory building meets the separation requirement in section MKZ 19.14.070 2. Accessory buildings must be located at least six feet from the main building on the lot. B. Height: 1. For residential lots in a R-1 zone with rear yards that share a boundary with a commercial or multifamily zone or an institutional building or structure, accessory buildings may exceed the height of the main structure, up to a maximum height of 24 feet, provided it is in the rear yard. 2. Accessory buildings on all other residential lots shall not exceed 10 percent greater than the height of the main building, but are allowed to be at least 14 feet in height. 3. In no case shall an accessory building exceed 24 feet in height. 4. Accessory buildings in zones that are subject to the Residential Compatibility Overlay Zone standards must be constructed entirely within the building envelope described in MKZ 19.71.030 C. Setback Requirements. 1. Heights Up to Fourteen Feet: Accessory buildings must be located at least thirty inches from the side and rear property lines. 2. Heights Greater than Fourteen feet. For each inch in height over fourteen feet, accessory buildings shall be set back from the side and rear property lines an additional inch, up to twelve feet six inches from the side and rear property line. 3. On lots where the rear yard abuts a public right-of-way, the minimum setback requirement for an accessory building is 20 feet from the side and rear property lines, unless a noise barrier authorized and constructed by the Utah Department of Transportation or the City separates the right-of-way from the accessory building. 4. On lots where the rear yard abuts a side yard of another residential dwelling, the minimum setback for an accessory building is 10 feet from the abutting side yard. 5. Accessory buildings shall not encroach on any required easement. D. Area Requirements. 1. For residential lots in a R-1 zone with rear yards that share a boundary with a commercial or multifamily zone, or an institutional building or structure, the total footprint of all accessory buildings on a lot shall not exceed the maximum coverage requirements established in Section E below, or 1,200 square feet. 2. The total footprint of all accessory buildings on lots except as described in section 1 above shall not exceed 60 percent of the footprint of the main ---PAGE BREAK--- building, or 600 square feet, whichever is greater. The total footprint of all accessory buildings shall not exceed the maximum coverage requirements. E. Coverage Requirements. Coverage Requirements. The maximum lot coverage for accessory buildings is described in Table 19.14-1 below. F. Design Standards. Accessory buildings shall incorporate at least one of exterior materials used in the main building for 20 percent of all facades of the structure, or shall be clad in wood, vinyl, or cementitious fiberboard siding. Accessory buildings must have a pitched roof unless the main building has a flat roof, in which case an accessory building may have a flat roof or a pitched roof. G. Drainage. Runoff drainage from accessory buildings and structures may not be directed onto adjacent property. H. Illumination. Illumination of accessory buildings and structures shall be directed down and away from adjoining residences. I. Accessory Buildings shall only be used for vehicles or non-commercial uses generated within the property, unless those items are used as part of a licensed home business, pursuant to the standards in MKZ 19.85. Accessory buildings shall not be used as a dwelling. J. Shipping containers, semi trailers, box cars, or relocatable storage containers, shall not be permanently installed or maintained on a residential lot, unless they are modified to meet all the design requirements in MKZ 19.14.070 K. Accessory buildings used for accessory dwelling units are subject to the standards of this chapter, and of the Accessory Dwelling Unit standards in MKZ 19.89. Table 19.14-1 Accessory buildings in lots subject to the Residential Compatibility Overlay Zone shall not exceed the maximum coverage requirements established in MKZ 19.71.030 HISTORY Amended by Ord. 18-35 on 6/11/2018 Amended by Ord. 19-19 on 5/28/2019 Amended by Ord. 21-39 on 9/27/2021 Lot Size in Square Feet Maximum Accessory Building Coverage 6,000 or less 40 percent 6,000 to 6,999 35 percent 7,000 to 7,999 30 percent 8,000 or more 25 percent ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.60 Accessory Uses and Structures 1 18.60 Accessory Structures 18.60.010 Purpose A. The purpose of this Chapter is to provide allowance for accessory uses and structures in Millcreek in an orderly way that minimizes impacts. 18.60.020 Applicability A. This Chapter applies to R-1, R-2, R-4, AG, and RM zones in Millcreek and is an additional development standard to those of the governing zoning district. 18.60.030 General Requirements for Accessory Structures A. Location Requirements: 1. Accessory buildings shall only be allowed in a rear yard, or within the side or rear setbacks of the main building of the lot. 2. Accessory buildings must be located at least six feet from the main building on the lot. B. Height: 1. For residential lots in R-1, R-2, R-4, and AG zones with rear yards that share a boundary with a commercial or multifamily zone or an institutional building or structure, accessory buildings may exceed the height of the main structure, up to a maximum height of 24 feet, provided it is in the rear yard. 2. For residential lots in the RM zone, the maximum height shall be 20’ for accessory structures. 3. Accessory buildings on all other residential lots shall not exceed 10 percent greater than the height of the main building, but are allowed to be at least 14 feet in height. 4. In no case shall an accessory building exceed 24 feet in height. 5. Accessory buildings must adhere to the building envelope rules for the underlying zone. C. Setback Requirements: 1. Heights Up to Fourteen Feet: Accessory buildings must be located at least thirty inches from the side and rear property lines. 2. Heights Greater than Fourteen Feet: For each inch in height over fourteen feet, accessory buildings shall be set back from the side and rear property lines an additional inch, up to twelve feet six inches from the side and rear property line. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 18.60 Accessory Uses and Structures 2 3. On lots where the rear yard abuts a public right-of-way, the minimum setback requirement for an accessory building is 20 feet from the side and rear property lines, unless a noise barrier authorized and constructed by the Utah Department of Transportation or the City separates the right-of-way from the accessory building. 4. On lots where the rear yard abuts a side yard of another residential dwelling, the minimum setback for an accessory building is 10 feet from the abutting side yard. 5.4. Accessory buildings shall not encroach on any required easement. D. Area Requirements: 1. Accessory structures are limited in size by the total lot coverage allotted for each zone. Total lot coverage requirements can be found in section 18.XX.XXX. E. Design Standards. Accessory buildings shall incorporate at least one of exterior materials used in the main building for 20 percent of all facades of the structure, or shall be clad in wood, vinyl, or cementitious fiberboard siding. Accessory buildings must have a pitched roof unless the main building has a flat roof, in which case an accessory building may have a flat roof or a pitched roof. F. Drainage. Runoff drainage from accessory buildings and structures may not be directed onto adjacent property. G. Illumination. Illumination of accessory buildings and structures shall be directed down and away from adjoining residences. H. Accessory Buildings shall only be used for vehicles or non-commercial uses generated within the property, unless those items are used as part of a licensed home business, pursuant to the standards set forth in MKZ 18.76 Special Business Regulations. Accessory buildings shall not be used as a dwelling unless permitted as an Accessory Dwelling Unit through the Planning Department. I. Shipping containers, semi trailers, box cars, or relocatable storage containers, shall not be permanently installed or maintained on a residential lot, unless they are modified to meet all the design requirements in section F above. J. Accessory buildings used for accessory dwelling units are subject to the standards of this chapter, and the standards as set forth in MKZ 18.71 Accessory Dwelling Units. Commented [SM1]: Planning Commission recommended removing this rule ---PAGE BREAK--- August 1, 2024 To: Millcreek Planning and Zoning Millcreek Planning Commission Subjects: ZT-24-009 Amendments to Millcreek Code regarding the accessory building code At the August 1, 2024, meeting of the East Mill Creek Community Council (EMCCC), Planner, Sean Murray, presented the subject applications for recommendations and feedback. ZT-24-009 would change to allow outdoor accessory building to not exceed 33% of any lot’s total square footage. After discussion, a motion was made: The East Mill Creek Community Council forwards a positive recommendation to approve the amendments to ZT-24-0009 Amendments to the Accessory Building Code. Lee Ann Hansen Vice Chair Land Use Cc: Francis Lilly ---PAGE BREAK--- August 13, 2024 To: Millcreek Planning Commission Re: ZM-24-005, ZM-24-006, ZT-24-006, ZT-24-009, ZT-24-014, & ZT-24-015 Dear Millcreek Planning Commission, The Millcreek Community Council (MCC) reviewed the referenced planning items at its August 6, 2024 meeting. 1. ZM-24-005 Roughly 3 residents joined our meeting and voiced concerns about the project, including: 1) construction equipment blocking roads, 2) property values dropping, and 3) increased density. The MCC voted 6 in favor and 1 against a motion to NOT approve the requested general plan amendment and rezone. 2. ZM-24-006 The MCC voted 7 in favor and 0 against a motion to approve the requested rezone. 3. ZT-24-006, ZT-24-009, ZT-24-014, & ZT-24-015 The MCC voted 7 in favor and 0 against a set of motions that approved the proposed drafts as presented. Sincerely, Jacob Richardson 1st Vice Chair