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April 2023 1 Residential Zones Text Amendment Summary Millcreek’s existing R zones are superseded by the Residential Compatibility Overly Zone (RCOZ). Many of the standards shown in the R zones do not reflect the RCOZ standards causing confusion. To really develop in the R zones, it is the RCOZ standards and potential modifications that actually apply. Çhe draft R zones incorporate the RCOZ standards and options - ƚŚĞƌĞ ǁŝůů ŶŽƚ ďĞ ƚǁŽ ƐƚĂŶĚĂƌĚƐ ŝŶ ƚŚĞ njŽŶŝŶŐ ŽƌĚŝŶĂŶĐĞ What remains from the current code: • The RCOZ standards replace the conflicting R zone standards • The Option A from RCOZ becomes the proposed spatial standards for the individual zones • Option B remains but is renamed to the Neighborhood Compatibility Modifications (NCM). Staff approval process. • The 45 degree "tent" envelope remains for the larger lots • A box or a 12' high tent wall with a 60 degree sloped roof is proposed for smaller lots What is new: • Option C was discussed as potentially being a legislative process, but after more legal discussion, it is suggested that those wishing to go beyond the standards in the draft, should use a variance process. In such situations where unique circumstances for a particular lot could provide a variance option, the common process for such situations is a variance. State Law would suggest that a variance is the better option. • Most uses are permitted. A few uses were eliminated such as commercial daycares, pigeons, and sportsmen kennels • The draft clarifies projections into the envelope, like dormers and gables • New graphics have been provided to show the building envelope options and allowances • All of the spatial requirements are in tables and diagrams Updates since previous draft: • Changes to the building envelope options have been provided and the elimination of RCOZ option C Community Council Input: • Anticipated in May Planning Commission Recommendation: Anticipated Discussion in May with a June PH ---PAGE BREAK--- Millcreek Together Code Update I R zones for the Steering Committee 3/30 1 Millcreek Together Code Update I R zones for the Steering Committee April 2023 ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.X.X Single-Household Residential Zones I 4.19.23 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, health, safe and pleasant environment. It is the intent to balance neighborhood compatibility with the private property interests of those who wish to expand, develop, improve or otherwise make exterior modification to their residential property. B. Permitted Uses and Conditional Uses 1. Uses in the Single-Household Residential (R-1) Zones are as set forth in Table 19.X.X Permitted and Conditional Uses in the Single-Household Residential (R-1) Zones. If a use is not specifically designated in the table, then it is prohibited. Table 19.XX.X Permitted and Conditional Uses in the Single-Household Residential (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 permitted as set forth in MKZ 19.XX, Accessory dwellings Residential Facilities for Persons with a Disability P As set forth in MKZ 19.87 Residential Facilities for Persons with a Disability Short-term rentals P As set forth in MKC 5.19, Short-term rentals Commercial Uses Agriculture P Civic and Institutional Uses Public uses P Quasi-Public Use P Religious Assembly P Miscellaneous Uses Temporary structures C As set forth in MKZ 19.XX.XX Temporary Uses Accessory Uses and buildings/structures P As set forth in MKZ 19.XX.XX Accessory Uses, Accessory Buildings and Structures ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.X.X Single-Household Residential Zones I 4.19.23 2 C. Spatial Requirements. 1. The minimum setbacks and lot size requirements are as determined by Table 19.X.X Spatial Requirements for the Single-Household Residential (R-1) Zones. 2. Lot width is measured as the diameter of the largest circle that can be inscribed entirely within the lot, not including streams, floodplains, wetlands, areas of thirty percent slope or greater or other natural hazard areas, see Figure 19.X. 3. Lots with a width more than 150% of the required minimum lot width require a combined side yard setback of 20% the lot width and shall not be less on one side than the required minimum side yard setback. Figure 19.X Spatial Requirements Diagram Table 19.X.X Spatial Requirements for the Single-Household Residential (R-1) Zones Zone Min. lot area Min. lot width Min. Front Setback Residential Use Min. Side Setbacks on interior lots Residential Use Min. Side Setbacks on corner Non- Residential Use Min. Side Setback Min. Rear Setbacks Maximum Lot Coverage R-1-3 3,000 sq ft 25’ * 20’ 5’ 20’ 20’ 20’ 40% R-1-4 4,000 sq ft 25’ * 20’ 5’ 20’ 20’ 20’ 40% R-1-5 5,000 sq ft 25’ * 20’ 5’ 20’ 20’ 20’ 35% R-1-6 6, 000 sq ft 60’ * 25’ 8’ 20’ 20’ 20’ 35% R-1-8 8,000 sq ft 65’ * 25’ 8’ 20’ 20’ 20’ 33% R-1-10 10, 000 sq ft 80’ * 30’ 10’ 20’ 20’ 20’ 31% R-1-15 15,000 sq ft 80’ * 30’ 10’ 20’ 20’ 20’ 25% R-1-21 21,000 sq ft 100’ * 30’ 10’ 20’ 20’ 20’ 25% ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.X.X Single-Household Residential Zones I 4.19.23 3 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. Building Height and Building Envelope for R-1 Zones. 3. Building Envelope. The height of structures may be further limited by the building envelope. The building envelope is formed by the perimeter of the property line and extends vertically to a height as set forth in Table 19.XX Building Height and Building Envelope for R-1 Zones. At the specified height, an angle as set forth in Table 19.X.XX Building Envelope for R-1 Zones from the vertical toward the interior of the lot. The projection of such line on the horizontal plane of the lot to be perpendicular to the property line. The entire building shall fit under this envelope except as set forth in this section 19.XX.X Projections. Table 19.X.X 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 Maximum Height 30’ 30’ 30’ 30’ 32’ Building Envelope Angle Starting Height None (alt 12’) 12’ 8’ 8’ 8’ Building Envelope Angle None (alt. 60 degree) 60 ° 45° 45° 45° Figure 2 R-1-3, R-1-4, and R-1-5 Building Envelope ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.X.X Single-Household Residential Zones I 4.19.23 4 Figure 3 R-1-6 Building Envelope (alternative – apply to R-3,4 and 5) Figure 4 R-1-8, R-1-10, R-1-15, and R-1-21 Building Envelope Projections. Dormers, Gables, and non-habitable architectural elements may project beyond the building envelope if they meet the following criteria: 4. Dormers: a. The width of the dormer is no more than fourteen feet; b. With multiple dormers, the distance to the front, or side edges of the roof is at least one-half the distance between dormers; and c. The dormer is no higher than the ridge of the roof. 5. Gables: a. The height of the lowest edge of the gable is no more than 20’ from original grade and 1.75 times higher than the point where the graduated height envelope intersects the gable; b. The height of the gable is less than the maximum building height; and c. All shed style roof edges shall not exceed 30’ in length as measured along in any side yard. ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.X.X Single-Household Residential Zones I 4.19.23 5 6. Porches. a. Uncovered front porches may project up to ten feet (10’) into the front yard setback. 7. Other architectural elements (such as eaves, railings, pelmets (window sill and frames)): a. The architectural element does not exceed the graduated height envelope by b. The architectural elements shall not include habitable spaces. E. Separate building pads for accessory buildings other than private garages, (such as barns, or recreational structures such as tennis courts, swimming pools, and similar facilities) are prohibited except where the natural slope is twenty percent (20%) or less. Articulation. To avoid a large, continuous building mass of uniform height; no portion of any building shall continue more than forty feet horizontally without a minimum of an eighteen-inch break in the roofline or introduction of a contrasting architectural element such as an overhang, projection, or inset of a minimum depth of two feet from the primary façade plane, to create shadow patterns along the elevation of the building. F. Neighborhood Compatibility Modification (NCM). Recognizing the wide variation of circumstances incident to a residential development application, Millcreek is providing for additional means to modify standards based on neighborhood compatibility. The Neighborhood Compatibility Modification (NCM) allows for modified standards from one or more of the spatial standards based upon the compatibility of the proposed residential development application with other lots/dwellings in the proximate neighborhood. The Planning Director may approve a NCM request at time of site plan submittal provided the following conditions are met: 1. Compliance with the corresponding neighborhood conditions must be established by an engineering survey from the proximate neighborhood, defined as a 200’ radial distance from the property boundary. 2. NCM requests shall be submitted on a separate form and shall include an additional review fee as set forth in the Consolidated Fee Schedule. 3. NCM Standards. Building height, setbacks and lot coverage modifications may be accommodated if the request does not exceed the allowances as set forth in Table 19.X.X NCM Standards. Rear-yard setbacks, building envelope, mass and scale, and accessory structure modifications do not qualify under the NCM. Table 19.XX.X. NCM Standards Table 19.XX.X NCM Standards Zone Coverage Front Setback Side Setback Rear Setback Height R-1-3 40% * No modification permitted Three feet plus the average maximum ridge height of residential structures that are on six lots of applicant's R-1-4 40% * R-1-5 40% * R-1-6 40% * ---PAGE BREAK--- Millcreek Together Code Update I Chapter 19.X.X Single-Household Residential Zones I 4.19.23 6 Table 19.XX.X NCM Standards Zone Coverage Front Setback Side Setback Rear Setback Height R-1-8 38% * The average of all lots of within the proximate neighborhood that front 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. choice within the proximate neighborhood. R-1-10 36% * R-1-15 30% * R-1-21 30% * * May not exceed more than average lot coverage of proximate neighborhood lots times 1.15 G. Related Provisions. For additional information refer to the zoning ordinance and in particular the following sections: 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 limitations—Exceptions MKZ 19.76.200 Additional 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 Sign Ordinance MKZ Subdivisions MKZ Hillside Ordinance 19.01.1.2 Definitions (to be moved to definitions) Dormer is a roofed structure, often containing a window, that projects vertically 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 is the triangular portion of a wall between the edges of intersecting roof pitches. Architectural Feature means a minor decorative feature built into the design and construction of the building in addition to the occupiable space of the building. Such features may include but are not limited to overhangs, eaves, railings, bay windows, pelmets, and cupolas. Proximate Neighborhood The lots within a 200’ radial distance from the subject property boundary.