Millcreek City Zoning Code

The purpose of the Medium Density Residential R-2 Zones is to establish medium density housing opportunities within Millcreek which are consistent with the City's general plan for medium density residential areas within the City. It is the intent to balance neighborhood compatibility with the private property interests of those who wish to expand, develop, improve, or otherwise make exterior modification to their residential property.

This chapter applies to the following residential zones: R-2-6.5, R-2-8, and R-2-10 zones. Development in the Two-Household Residential Zones may be subject to the requirements set forth in MKZ 18.61, Sensitive Lands.

Uses in the Medium Density Residential (R-2) Zones are allowed, either as permitted or conditional, and may include certain limitations as set forth in Table 18.37-1 Permitted and Conditional Uses in Medium Density Residential Zone. If a use is not explicitly designated in the table, then the use is prohibited. An applicant seeking a Millcreek Business License may submit a Classification Request by following the procedure as set forth in MKZ 18.15.030 (J), to determine whether a proposed land use aligns with an existing land use listed in Table 18-38.1.

1. Setback Measurements. The minimum property size, width, setbacks, requirements, and maximum property coverage are as set forth in Table 18.37-2 Spatial Requirements for the Medium Density Residential (R-2) Zones, and as illustrated in Figures 18.37.1 and 18.37.2.
2. Civic and Institutional. Civic and Institutional Uses require a minimum 20-foot rear and side yard setback when abutting and sharing a property line with a residential use.
3. Side Yard Setbacks between attached units. The side yard setback between units within the same building and shared a common wall, may be reduced to zero feet.
4. Rear Setback on Sloped lots or Parcels. 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 that exceeds 20 percent, up to a maximum of 25 feet.
5. Side Yard Setbacks on Lots or Parcels Fifty Percent Larger Than Minimum Lot or Parcel Width. Lots or parcels with a width 50 percent or larger than the required minimum lot width shall measure side yard setbacks as set forth in the following:
   1. The combined measurements of the side yard setbacks shall be at least 25 percent of the lot or parcel width.
   2. No side setback shall be less than the required minimum side yard setback.
   3. The width of the lot or parcel is measured as the diameter of the largest circle that can be inscribed entirely within the lot or parcel excluding any streams, floodplains, wetlands, areas of thirty percent slope or greater, or other natural hazard areas shall be excluded from the circle, as illustrated in Figure 18.37.1.
6. A lot or parcel containing an existing legally-established two-household dwelling may be subdivided, subject to the standards as set forth in MKZ 18.26, Division of Legally-Established Two-Household Dwellings.

Figure 18.37.1 Combined Side yard Setback Spatial Requirements Diagram

Figure 18.37.2 Spatial Requirements Diagram (letter labels related to Table 18.37-2)

Table Notes 1. The garage opening minimum yard area requirement shall apply to garages when the vehicular garage opening faces the street to which it is accessed from, otherwise the front yard minimum yard area shall apply.

1. Minimum height. All dwellings shall be a minimum of one-story in height measured from original ground surface.
2. Maximum Height. Maximum building height is as set forth in Table 18.37-3 Building Height and Building Envelope for R-2 Zones.
3. Building Envelope. The height of structures may be further limited by the building envelope. The building envelope is formed by a box defined by the perimeter of the property line extended vertically perpendicular to the property line to a height and subsequent angle as set forth in Table 18.37-3 and as illustrated in Figures 18.37.3, 18.37.4, and 18.37.5. The entire building shall fit under this envelope except as described in the projections section below.
4. For buildings located in planned unit developments, the building envelope is formed by a box defined by the perimeter of the property line of the planned unit development.

Figure 18.37.3 Building Envelope (R-2-6.5)

Figure 18.37.4 Building Envelope (R-2-8 and R-2-10)

Figure 18.37.5 Sloped Building Envelope Example

Dormers, gables, and non-habitable architectural elements may project beyond the building height envelope if they meet the following criteria, as illustrated in Figure 18.37.6, and as follows:

1. Dormers:
   1. The width of the dormer shall not exceed 14 feet.
   2. 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
   3. The dormer shall be no higher than the ridge of the roof.
2. Gables:
   1. The height of the gable is less than 1.75 times higher than the point where the graduated building height envelope intersects the gable.
   2. The height of the gable is less than the maximum building height; and
   3. The length of the gable comprises no more than 25 percent of the length of the building façade.
3. Non-Habitable Architectural Elements:
   1. Parapets and railings shall not exceed 30 inches in height above the intersection of the roof surface and the wall.
   2. Chimneys and vents may project beyond the building envelope by 30 inches, if required by the building code.
   3. Towers, spires, cupolas, elevator penthouses, mechanical appurtenances, or similar non-habitable architectural elements may not project beyond the building envelope.

Figure 18.37.6 Dormer and Gable illustration with height envelope exception

The following may be erected on, or project into the required yard setbacks:

1. Fences and walls in conformance with this code and all other applicable rules and regulations.
2. Landscape elements, including trees, shrubs, and other plants.
3. Utility or irrigation equipment or facilities.
4. Decks, patios, porches, driveways, sidewalks, stairs, landings, not exceeding two feet (2’) above grade.
5. Covered porches and balconies may project up to 10 feet into the front yard or street side yard setback if they meet the following criteria:
   1. Porches or balconies shall remain unenclosed or “open style” without walls, doors, windows, or screens, except for the minimum required handrail.
   2. Porches and balconies shall not encroach into any easements or clear visibility at residential driveways and at street intersections.
   3. Porches, balconies, stairs, landings, eaves which project into the setbacks, shall not be located nearer than 15 feet from a street property line, or project outside of the building height envelope.
6. Other architectural elements which are not used as habitable space.
   1. 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 (2') into a side yard or four feet (4’) into the front or rear yard. In no case shall a side yard setback be less than six feet (6’).
   2. Chimneys, fireplace keys, box or bay windows or cantilevered walls attached to the building, no greater than eight feet (8') wide, extending not more than two feet (2') into a side yard, or four feet (4') into a front or rear yard. In no case shall a side yard setback be less than six feet (6’).

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 (2’) from the primary façade plane, to create shadow patterns along the elevation of the building. See figure 18.37.6 for dormer and gable illustrations.

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 an NCM request at time of site plan submittal provided the following conditions are met:

1. Evidence. Compliance with the corresponding neighborhood conditions must be established by a survey of the proximate neighborhood. The survey must be completed by a surveyor licensed to practice in the State of Utah.
2. Submittal. NCM requests shall be submitted on a separate land use application and shall include an additional review fee as set forth in the Millcreek Consolidated Fee Schedule.
3. Permissible Modifications. Building height, setbacks and lot or parcel coverage modifications may be accommodated if the request does not exceed the allowances as set forth below:
   1. Lot or Parcel Coverage. Lot or parcel coverage may not exceed 1.15 times the average coverage of all lots and parcels in the proximate neighborhood, up to a maximum lot or parcel coverage as set forth in Table 18.37-4 Lot or Parcel Coverage Maximums. Lot or parcel coverage is calculated by dividing the total area of all building footprints by the total area of the lot or parcel, where building footprints are measured at the outside of exterior walls at ground level. In the case where buildings or covered porches are supported by columns, footprints are measured at the outside perimeter of the base of the columns at ground level.
      

      Table 18.36-4 Lot or Parcel Coverage Maximums
      Zone	Lot or Parcel Coverage May Not Exceed
      R-2-6.5	45%
      R-2-8	43%
      R-2-10	40%

      
      
   2. Front Yard Setback. The front yard setback may not exceed the average front yard setback of all lots or parcels within the proximate neighborhood that front to the same street, road, or right-of way. For the purposes of determining an average front yard setback, setback encroachments described in MKZ 18.37.070 shall not be included the average front yard setback.
   3. Side Yard Setback. The combined side yard shall setback be at least twenty-five percent (25%) of the average lot or parcel width of all lots or parcels within the proximate neighborhood. In no case can an approved NCM for a side yard setback be no less than five feet (5’) on each side.
   4. Maximum Building height. The maximum building height shall be the lesser of:
      1. Three feet plus the average maximum ridge height of residential buildings that are on six lots or parcels of the applicant’s choice that are within the proximate neighborhood; and
      2. The maximum height of the zone specified in Table 18.36-5 Height Maximums.
         

         Table 18.36-4 Building Height Maximums
         Zone	Building Height May Not Exceed
         R-2-6.5	33'
         R-2-8	33'
         R-2-10	35'

4. Non-Permissible Modifications. Building envelope, mass and scale, rear yard setbacks, and accessory structure modifications do not qualify under the NCM.