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Z - UDC Ordinance Revisions June 2019 BP editsJULY, 2019 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE – H 2019-0049 PAGE 1 OF 19 CITY OF MERIDIAN ORDINANCE NO.______________ BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE AMENDING MERIDIAN CITY CODE AS CODIFIED AT TITLE 11, PERTAINING THE TO NOFICATION OF VIOLATIONS IN CHAPTER 1; RESIDENTIAL DIMENSIONAL STANDARDS AND ALLOWED USE TABLES IN CHAPTER 2; DITCHES, LATERALS, CANALS OR DRAINAGE COURSES; OUTDOOR LIGHTING; OUTDOOR STORAGE; TRAVELING LIVING QUARTERS; PARKING STANDARDS; QUALIFIED OPEN SPACE AND VARIANCE PROCESSING IN CHAPTER 3; SPECIFIC USE STANDARDS FOR EDUCATIONAL INSTITUTION, INDOOR SHOOTING RANGE, MULTI-FAMILY DEVELOPMENT AND RESTAURANT IN CHAPTER 4; PUBLIC HEARING, FEES, VARIANCES AND ALTERNATIVE COMPLAINCE IN CHAPTER 5 AND OTHER MISCELLANEOUS SECTIONS; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Unified Development Code is the official zoning ordinance for the City of Meridian and provides an opportunity to better support the Comprehensive Plan and provide a tool that is relevant and contemporary to the needs of the City; and, WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the health, safety and welfare of its citizens to incorporate changes to the Unified Development Code within the City of Meridian. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Meridian City Code 11-1-1, Unified Development Code, be amended as follows: B. Investigation: 1. The code enforcement officer shall investigate any structure or use which he or she reasonably believes does not comply with the standards and requirements of this title. 2. If, after investigation, it is determined that the standards or requirements of this title have been violated, a code enforcement officer shall serve a notice of violation upon the owner, tenant or other person responsible for the condition. The notice of violation shall state separately each standard or requirement violated; shall state what corrective action, if any, is necessary to comply with the standards or requirements; and shall set a reasonable time for compliance. The notice shall state that any further violation may result in criminal prosecution and/or civil penalties. 3. The notice shall be served upon the owner, tenant or other person responsible for the condition addressed to the last known address of such person. If no address is known, then notice may be made by publication in the newspaper of record for the City of Meridian. The Code JULY, 2019 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE – H 2019-0049 PAGE 2 OF 19 Enforcement Officer will record all efforts made to effect service in person or by mail as part of their investigative report. Methods of service shall be by any of the following: a. Personal service upon such owner, occupier, or person in charge or control of the property; or b. Regular mail to such owner, occupier, or person in charge or control of the property, at the address shown on the last available assessment roll, or as otherwise known; or c. Posting such notice and order at a conspicuous place on the property and publishing one notice in the official newspaper of the City that the property has been posted in accordance with this chapter and ordering the owner, occupier, or person in charge or control of the property to remedy the violation by the given date. Section 2. That Meridian City Code Section 11-1A-1, Unified Development Code, be amended by adding or amending the following definitions: ACCESSORY USE, RESIDENTIAL: A use or activity on a residential property that is secondary to the principal use. PERSONAL AND PROFESSIONAL SERVICES: The use of a site for the provision of individualized services generally related to personal needs. Personal service uses include, but are not limited to, beauty and healthcare services such as salons, hair, nail and skin care, spa, and barbers; fitness training and instruction; locksmiths; and repairs such as footwear and leather goods, and watches. Professional service uses include, but are not limited to: architects, landscape architects and other design services; computer designers; consultants; lawyers; media advisors; photography studios; fitness trainers; and title companies. The term does not include healthcare and social service. PROFESSIONAL SERVICES: See definition of personal and professional services. Professional service uses include, but are not limited to: architects, landscape architects and other design services; compute graphic designers; consultants; lawyers; media advisors; photography studios; fitness trainers; and title companies general offices. The term does not include healthcare and social service. FOOT-CANDLE: A standard unit of measurement used to identify the intensity of light. A unit of illumination equal to that given by a source of one candela at a distance of one foot. This is the SAE/Imperial unit of measurement whereas Lux is the Metric unit of measurement. INDOOR SHOOTING RANGE: A controlled area of activity, specifically designed for the discharging of firearms at targets. The term does not include arts, entertainment and recreation facilities. LIGHT TRESPASS: Light emitting from one property that crosses the property line of another property in excess of 0.1 foot-candle as measured at a height of 60 inches above grade in a plane at any angle of inclination. LUMEN: A lighting industry standard unit of measurement used to measure the total quantity of visible light emitted by a source. OPEN SPACE: An area substantially open to the sky that may be on the same property with a structure. The area may include, along with the natural environmental features, linear open spaces, parks, playgrounds, trees, water areas, swimming pools, tennis courts, community centers or other recreational facilities. This term shall not include streets, parking areas, or structures for habitation. JULY, 2019 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE – H 2019-0049 PAGE 3 OF 19 Section 3. That Meridian City Code Section Table 11-2A-6, Unified Development Code, be amended as follows: PERSONAL PROPERTY: Any property that is not real property. RECREATIONAL VEHICLE: A vehicle or portable structure primarily designed as temporary living accommodation for recreational, camping, and travel use. The term shall include, but not be limited to, motor home, travel trailer, fifth wheel trailer, truck camper, fold down camping trailer, park trailer, mobile tiny homes and travel trailer. R-8 Standard Requirement Minimum property size/dwelling unit (in square feet) 4,000 Minimum street frontage (in feet): 40 With alley loaded garage, side entry garage, or private mew lots 32 Street setback1 to garage (in feet): Local 20 Collector 25 Alley 5 Street setback1 to living area and/or side loaded garage (in feet): Local 10 Collector 25 Alley 5 Interior side setback (in feet) 5 Rear setback (in feet) 12 Street landscape buffer2 (in feet): Collector 20 Arterial 25 Entryway corridor 35 Interstate 50 Maximum building height (in feet) 35 JULY, 2019 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE – H 2019-0049 PAGE 4 OF 19 Section 4. That Meridian City Code Section Table 11-2A-2, Unified Development Code, be amended as follows: Section 5. That Meridian City Code Section Table 11-2B-2 Table, Unified Development Code, be amended as follows: Section 6. That Meridian City Code Section Table 11-2B-2, Unified Development Code, be amended as follows: Section 7. That Meridian City Code Section Table 11-2C-2, Unified Development Code, be amended as follows: Section 8. That Meridian City Code Section 11-2C-2 Table, Unified Development Code, be amended as follows: Use R-2 R-4 R-8 R-15 R-40 Restaurant1 - - - - A Use C-N C-C C-G L-O M-E H-E Hotel and motel1 P/C P/C P/C - C P Indoor Shooting Range1 - - - - C - Industry, information1 P P P C P P Use C-N C-C C-G L-O M-E H-E Restaurant1 P P P C A A Use I-L I-H Fuel sales facility, truck stop1 C C Indoor Shooting Range1 P C Industry, heavy1 - P/C Use I-L I-H Restaurant1 A A JULY, 2019 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE – H 2019-0049 PAGE 5 OF 19 Section 9. That Meridian City Code Section 11-2D-2 Table, Unified Development Code, be amended as follows: Section 10. That Meridian City Code Section 11-2B-3(A)(4), Unified Development Code, be amended as follows: 4B. Hours Of Operation: Business hours of operation within the L-O and C-N Districts shall be limited from six o'clock (6:00) A.M. to ten o'clock (10:00) P.M. Business hours of operation within the C-C and C-G Districts shall be limited from six o'clock (6:00) A.M. to eleven o'clock (11:00) P.M. when the property abuts a residential use or district. Extended hours of operation in the C-C and C-G Districts may be requested through a conditional use permit. These restrictions apply to all business operations occurring outside an enclosed structure, including, but not limited to, customer or client visits, trash compacting, and deliveries. These restrictions do not apply to business operations occurring within an enclosed structure, including, but not limited to, cleaning, bookkeeping, and after hours work by a limited number of employees. Section 11. That Meridian City Code Section 11-3A-6, Unified Development Code, be amended as follows: A. Purpose: The purpose of this section is to limit the tiling and piping of natural waterways, ditches, canals, laterals, sloughs and drains where public safety is not a concern as well as improve, protect and incorporate creek corridors (Five Mile, Eight Mile, Nine Mile, Ten Mile, South Slough and Jackson and Evan Drains) as an amenity in all residential, commercial and industrial designs. When piping and fencing is proposed, the following standards shall apply. B. Piping: 1. Natural waterways intersecting, crossing, or lying within the area being developed shall remain as a natural amenity and shall not be piped or otherwise covered. See also subsection C1 of this section. 2. Irrigation ditches, laterals, canals, sloughs and drains may be left open when used as a water amenity or linear open space, as defined in UDC 11-1A-1. See also subsection C2 of this section. 3. Except as allowed above, all other irrigation ditches, laterals, sloughs or canals, intersecting, crossing or lying within the area being developed, shall be piped, or otherwise covered. This requirement does not apply to property with only an irrigation easement where the actual drainage facility is located on an adjoining property. a. The city councildecision-making body may waive the requirement for covering such ditch, lateral, canal, sloughs or drain, if it finds that the public purpose requiring such will not be served and public safety can be preserved. Use O-T TN-C TN-R Restaurant1 P P - JULY, 2019 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE – H 2019-0049 PAGE 6 OF 19 b. The city council may also waive this requirement for large capacity facilities. C. Fencing: 1. Fencing along all natural waterways shall not prevent access to the waterway. In limited circumstances and in the interest of public safety, larger open water systems may require fencing as determined by the city council, director and/or public works director. 2. Ditches, laterals, canals, sloughs and drains do not require fencing if it can be demonstrated by the applicant to the satisfaction of the director that said ditch, lateral, canal, sloughs or drain serves as or will be improved as a part of the development, to be a water amenity. Construction drawings and relevant calculations prepared by a qualified licensed professional registered in the state of Idaho shall be submitted to both the director and the authorized representative of the water facility for approval. 3. Except as allowed above, all other open irrigation ditches, laterals, canals, sloughs and drains shall be fenced with an open vision fence at least six feet (6') in height and having an 11-gauge, two inch (2") mesh or other construction, equivalent in ability to deter access to said ditch, lateral, canal, sloughs or drain, which fence shall be securely fastened at its base at all places where any part of said lands or areas being subdivided touches either or both sides of said ditch, lateral, canal, sloughs or drain. D. Easements: In residential districts, irrigation easements wider than ten feet (10') shall be included in a common lot that is a minimum of twenty feet (20') wide and outside of a fenced area, unless modified by city council at a public hearing with notice to surrounding property owners. Improvements related to piping, fencing or any encroachment as outlined in sections A, B, and C of this section requires written approval from the appropriate irrigation or drainage entity. E. Impeding Movement Of Water Prohibited: For any irrigation or drainage ditch not within the jurisdiction of an irrigation or drainage district, piping shall not impede the movement of the amount of water crossing the property prior to development or the amount of water delivered to downstream properties. Easements: In residential districts, irrigation easements wider than ten feet (10') shall be included in a common lot that is a minimum of twenty feet (20') wide and outside of a fenced area, unless modified by city council at a public hearing with notice to surrounding property owners. F. Natural Drainage Courses: All natural drainage courses shall be left undisturbed or be improved in a manner that will improve the hydraulics and ease of maintenance of the channel. Relocation of natural swales is acceptable if the hydraulics and ease of maintenance are provided for. The term "natural drainage course" shall not be deemed to apply to minor swales and depressions that are located entirely on the applicant's property and which serve a relatively small area where runoff is infrequent. Impeding Movement Of Water Prohibited: For any irrigation or drainage ditch not within the jurisdiction of an irrigation or drainage district, piping shall not impede the movement of the amount of water crossing the property prior to development or the amount of water delivered to downstream properties. G. Natural Drainage Courses: All natural drainage courses shall be left undisturbed or be improved JULY, 2019 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE – H 2019-0049 PAGE 7 OF 19 in a manner that will improve the hydraulics and ease of maintenance of the channel. Relocation of natural swales is acceptable if the hydraulics and ease of maintenance are provided for. The term "natural drainage course" shall not be deemed to apply to minor swales and depressions that are located entirely on the applicant's property and which serve a relatively small area where runoff is infrequent. Section 12. That Meridian City Code Section 11-3A-11, Unified Development Code, be amended as follows: A. The following types of lighting are exempt from the regulations of this section: 1. Light fixtures that have a maximum output of less than one thousand eight hundred (1800) lumens unless said fixture is the source of light trespass in violation of subsection C (3) of this chapter or is configured in a manner that impairs the vision of drivers and/or pedestrians in violation of subsection B (6) of this chapter. 2. All outdoor lighting produced by the direct combustion of natural gas or other fossil fuels such as kerosene lanterns or gas lamps. 3. Temporary hHoliday lighting used for forty (40) days or less per year that is not in violation of this section. 4. Vehicular lights and all temporary emergency lighting needed for fire protection, police protection, and/or other emergency services. 5. All hazard warning lights required by federal or state regulatory agencies. 6. Lighting when used to light a governmental flag in accordance with 4 USC 6(a); and provided, that the fixture used does not create light trespass in violation of this section. 7. Street lights and historical lights installed and configured to the appropriate specification for the application as determined by the Community Development Director or his/her appointee. B. The installation, use, or display of any of the following types of lighting and/or illumination shall be prohibited: 1. Mercury vapor lamp fixture and/or lamp. 2. Laser source light or any similar high intensity light. 3. Lighting that changes colors, revolves, or moves, including searchlights shall be prohibited in all districts, except where approved for temporary uses under a valid, current city of Meridian temporary use permit. 4. Lighting, including strings of lights, on commercial or private tower structures that exceed the district height limit, except as required by regulations of the federal aviation administration (FAA). 5. Strobing, revolving, or flashing lights. 6. Light or illumination with such brilliance or so positioned as to blind or dazzle impair the vision of drivers and/or pedestrians. 7. Low pressure sodium lighting. C. Standards: JULY, 2019 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE – H 2019-0049 PAGE 8 OF 19 1. Light fixtures that have a maximum output of one thousand eight hundred (1,800) lumens or more shall have an opaque top to prevent uplighting; the bulb shall not be visible and shall have a full cutoff shield. See figure 1 of this section. 2. Light fixtures with a maximum output of one thousand eight hundred (1,800) lumens or more shall be placed such that the effective zone of light (as documented by the photometric test report) shall not trespass on abutting residential properties. See figure 2 of this section. 3. Floodlight fixtures shall be located in such a manner as to prevent direct glare into a street and to minimize impact on abutting properties. a. Floodlight fixtures shall be set to go on only when triggered by activity on the property (sensor activated) and to go off within five (5) minutes after activation has ceased. b. Floodlight fixtures shall be installed so that they do not tilt up more than forty five degrees (45°) down from vertical. All light emitting from any parcel shall not cause the light level along any property line abutting a residential use to exceed 0.1 foot-candle. Light readings shall be measured at a height of 60 inches above grade and in a plane at any angle of inclination. Any light exceeding 0.1 foot- candle, when documented in the above manner, and extending onto an abutting residential use constitutes light trespass. 4. Floodlight fixtures shall be located positioned in such a manner as to prevent direct glare into a street and to minimize impact on prevent light trespass on abutting properties. a. Floodlight fixtures shall be set to go on only when triggered by activity on the property (sensor activated) and to go off within five (5) minutes after activation has ceased. b. Floodlight fixtures shall be installed so that they do not tilt up more than forty five degrees (45°) down from vertical. 5. Uplighting shall only be allowed in cases where the fixture and any light it emits are shielded from the sky by a roof overhang or similar structural shield. 56. In residential districts, the height of a freestanding light fixture on private property shall not exceed six feet (6'). Streetlamps are exempt from this height restriction. 67. Light fixtures mounted on a wall may extend to the full height of the structure, but no farther. 78. Electrical feeds to outdoor light fixtures shall be underground, not overhead. 89. If an owner or applicant desires to obtain an alternative compliance from the provisions of this section, the procedure shall be in accord with chapter 5, "Administration", of this title. Section 13. That Meridian City Code Section 11-3A-11 Figure 1 and 2, Unified Development Code, be amended as follows: Figure 1 EXAMPLES OF FULL CUTOFF SHIELDS OLD/REPLACE WITH NEW FIGURE BELOW JULY, 2019 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE – H 2019-0049 PAGE 9 OF 19 NEW FIGURE FIGURE 2 LIGHT TRESPASS OLD/REPLACE WITH NEW FIGURE BELOW JULY, 2019 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE – H 2019-0049 PAGE 10 OF 19 NEW FIGURE Section 14. That Meridian City Code Section 11-3A-14(A) and (C), Unified Development Code, be amended as follows: 11-3A-14: OUTDOOR STORAGE AS AN ACCESSORY USE: Accessory outdoor storage shall be allowed for an approved use subject to the following standards: A. All outdoor storage of material, equipment, inventory, personal property and/or supplies shall be conducted in an orderly manner. It shall be unlawful to conduct outdoor storage of materials, equipment, inventory, personal property and/or supplies in a manner that: 1. Creates a public nuisance, visual blight, or acoustic impacts by reason of condition, duration, and/or volume. JULY, 2019 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE – H 2019-0049 PAGE 11 OF 19 2. Blocks, impedes or overlaps any sidewalk and/or vehicular traffic. 3. Causes the site to be used as a "vehicle wrecking or junk yard" as herein defined. B. For properties in commercial and/or traditional districts, outdoor storage of materials, equipment, inventory, and/or supplies shall be incorporated into the overall design of buildings and site landscaping so that the visual impacts of these functions are fully contained and screened from view of adjacent properties, the railway corridor, and public streets by a solid fence or wall with a minimum height of six feet (6'). Such fence and/or wall shall be constructed of complementary or of similar design and materials of the primary structure. C. For properties in residential districts, all materials, equipment, inventory, personal property and/or supplies, shall only be stored in the rear or side yard and shall be screened by a solid fence, six feet (6') in height. No outdoor storage of materials, equipment, inventory, personal property and/or supplies shall be allowed in the required street yard, except as follows: On corner properties, such materials may be stored in the street side yard where such area is screened by a solid fence, six feet (6') in height; see section 11-3A-7 of this article for fencing regulations in street side yards. Section 15. That Meridian City Code Section 11-3A-14(D)(2), Unified Development Code, be amended as follows: 2. For properties that adjoin the railway corridor, in addition to the standards of subsection D1 of this section, outdoor storage of materials, equipment, inventory, and/or supplies shall be screened from the interior edge of the required street buffer a distance of one hundred feet (100') from the edge of right of way parallel to the railway corridor. Section 16. That Meridian City Code Section 11-3A-20, Unified Development Code, be amended as follows: 11-3A-20: TRAVELLING SLEEPINGLIVING QUARTERS: No motor vehicle or trailer including, but not limited to, travel trailers, fifth wheels, recreational vehicles, mobile tiny houses and/or motor coaches, shall be used as a residence or as living quarters except within an approved recreational vehicle park. No recreational equipment, including, but not limited to, tents, tepees, yurts, and/or huts, shall be used as a residence or as living quarters. Section 17. That Meridian City Code Section 11-3B-5(A)(1), Unified Development Code, be amended as follows: A. Approved Tree Species: 1. The publication titled "Treasure Valley Tree Selection Guide For Streets And Landscapes Throughout Idaho" by the urban forestry unit of the Boise parks and recreation department (latest edition) is hereby adopted by this reference as the city of Meridian's list of approved and prohibited tree species. The publication categorizes the trees by size as class I, class II, or class III trees. Section 18. That Meridian City Code Section 11-3C-4(A)(2), Unified Development Code, be amended as follows: JULY, 2019 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE – H 2019-0049 PAGE 12 OF 19 2. Types Of Vehicles; Location Of Parking: Only automobiles and motorcycles displaying license plates and assigned to the vehicle with current registration may be parked in the required street yard. All other vehicles, including, but not limited to, vehicles without current registration, vehicles without license plates, recreational vehicles, personal recreational items, boats, trailers and/or other vehicles shall only be parked in the rear or side yard and shall be screened by a solid fence, six feet (6') in height. Section 19. That Meridian City Code Section Table 3C-6, Unified Development Code, be amended as follows: Use And Form Number Of Bedrooms (Per Unit) Required Parking Spaces1 Age restricted elderly housing (attached or detached) 1 0.5 per bed 2+ 2 per dwelling unit; at least 1 in an enclosed garage, other space may be enclosed or a minimum 10 foot by 20 foot parking pad2 Dwelling, duplex and dwelling, single-family (detached, attached, townhouse) 1/2 2 per dwelling unit; at least 1 in an enclosed garage, other space may be enclosed or a minimum 10 foot by 20 foot parking pad2 2/3/4 4 per dwelling unit; at least 2 in an enclosed garage, other spaces may be enclosed or a minimum 10 foot by 20 foot parking pad2 5+ 6 per dwelling unit; at least 3 in an enclosed garage, other spaces may be enclosed or a minimum 10 foot by 20 foot parking pad2 Dwelling, multi-family3 (triplex, fourplex, apartments, etc.) 1 1.5 per dwelling unit; at least 1 in a covered carport or garage 2/3 2 per dwelling unit; at least 1 in a covered carport or garage 4+ 3 per dwelling unit; at least 2 in a covered carport or garage Dwelling, secondary 1 As set forth above for single-family dwellings as determined by the total number of bedrooms on the property Nursing and Residential Care Facility 1 0.5 per bed Vertically integrated residential4 1 1 per dwelling unit 2/3 1 per dwelling unit 4+ 1 per dwelling unit JULY, 2019 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE – H 2019-0049 PAGE 13 OF 19 Section 20. That Meridian City Code Section 3D-8(A)(14)(f), Unified Development Code, be amended as follows: f. Properties within six hundred sixty feet (660') of the Interstate 84 freeway right of way and properties adjoining the Interstate 84 interchanges, as depicted on figures 1, and/or 2 and/or 3 of this section are subject to the following standards: (1) Such freestanding signs shall be in lieu of, and not in addition to, signs which may be permitted by the district provisions set forth in subsections B through H of this section. (2) Freestanding signs within six hundred sixty feet (660') of the Interstate 84 freeway right of way are prohibited in residential districts. (3) The maximum background area of any sign shall not exceed one hundred fifty (150) square feet. (4) The maximum height of any sign shall not exceed forty feet (40'). (5) Properties exceeding seven hundred fifty feet (750') of linear freeway frontage may be allowed an additional height allowance and background area allowance. Such sign shall not exceed fifty feet (50') in height nor shall such sign exceed three hundred (300) square feet of background area. Only one such sign shall be allowed per seven hundred fifty feet (750') of linear freeway frontage. Section 21. That Meridian City Code Section 3D-8(A)(14)(f), Unified Development Code, be amended as follows: Figure 1 I-84/Meridian Road Interchange (Replace existing Exhibit) JULY, 2019 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE – H 2019-0049 PAGE 14 OF 19 Figure 2 I-84/Eagle Road Interchange (Replace existing Exhibit) Figure 3 I-84/Ten Mile Interchange (New exhibit) JULY, 2019 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE – H 2019-0049 PAGE 15 OF 19 Section 22. That Meridian City Code Section 11-3G-3(B), Unified Development Code, be amended as follows: B. Qualified Open Space: The following may qualify to meet the common open space requirements: 1. Active Or Passive In Intended Use: Any open space that is active or passive in its intended use, and accessible by all residents of the development, including, but not limited to: a. Open grassy area of at least fifty feet by one hundred feet (50' x 100') in area; b. Community garden; c. Ponds or water features; or d. Plaza.; or e. Linear open space area that is at least 20 feet and up to 50 feet in width, has an access at each end, and is improved and landscaped as set forth in subsection 11-3G-3E of this chapter. 2. Additions To Public Park: Additions to a public park or other public open space area. 3. Full Area of Buffer: The full area of the landscape buffer along collector streets may count toward the required common open space. 4. Percentage Of Buffer: Fifty percent (50%) of the landscape buffer along arterial streets may count toward the required common open space. 5. Parkways Along Collector And Local Residential Streets: Parkways along local residential streets that meet all of the following standards may count toward the common open space requirement: a. The parkway meets the minimum width standard as set forth in subsection 11-3A-17E of this chapter. b. The parkway is planted with street trees in accord with section 11-3B-7, "Landscape Buffers Along Streets", of this chapter. c. Except for alley accessed dwelling units, the area for curb cuts to each residential lot or common driveway shall be excluded from the open space calculation. For purposes of this calculation, the curb cut area shall be twenty six feet (26') by the width of the parkway. 6. Parkways Along Arterials: Parkways along arterial streets that meet all of the following standards may count toward the common open space requirement: a. The parkway is a minimum of ten feet (10') in width measured between edge of sidewalk and back of curb. Where ACHD is anticipating future widening of the street, the width of the buffer shall be measured from the ultimate curb location as anticipated by ACHD; and (1) The parkway is planted with street trees and other materials in accord with subsection 11-3B- 7C, "Standards", of this chapter; or (2) The parkway contains planter beds which meet the following requirements: A) Lawn areas account for no more than fifty percent (50%) of parkway. (B) Massed shrubs which at maturity provide vertical relief between minimum of one foot (1') and maximum of three feet (3') in height, cover at least twenty five percent (25%) of parkway JULY, 2019 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE – H 2019-0049 PAGE 16 OF 19 area during growing season. Shrubs must be planted as a continuous edge or in a distinct repeating pattern to create vertical visual break between roadway and pedestrian areas (C) Planter beds must meet mulching and vegetation coverage requirements listed under subsections 11-3B-5H and N of this chapter. 67. Stormwater Detention Facilities: Stormwater detention facilities when designed in accord with section 11-3B-11, "Stormwater Integration", of this chapter may count towards the qualified open space requirement if located within a passive or active qualified open space of at least twenty thousand (20,000) square feet and is visible from a public street(s) on at least two (2) sides. 78. Open Water Ponds: Aesthetically designed open water ponds and holding areas may comprise up to twenty five percent (25%) of a required open space area when developed with at least one (1) site amenity in accord with UDC 11-3G-3C. All ponds with a permanent water level shall meet the following standards: a. The pond shall have recirculated water. b. The pond shall be maintained such that it does not become a mosquito breeding ground. Section 23. That Meridian City Code Section 11-3H-3, Unified Development Code, be amended as follows: 11-3H-3: PROCESS: Staff shall review all development applications for compliance with these standards. The City Council decision making body may consider and approve apply modifications to the standards of this article upon specific recommendation of the Idaho transportation department or if strict adherence is not feasible, as determined by City Council. Section 24. That Meridian City Code Section 11-4-3-14, Unified Development Code, be amended as follows: I. In all commercial and residential districts, education institutions shall provide one parking space for every four hundred (400) square feet of gross floor area. Section 25. That Meridian City Code Section 11-4-3-27(B)(1), Unified Development Code, be amended as follows: B. Site Design: 1. Buildings shall provide a minimum setback of ten feet (10') unless a greater setback is otherwise required by this title and/or Title 10 of this Code. Building setbacks shall take into account windows, entrances, porches and patios, and how they impact adjacent properties. Section 26. That Meridian City Code Section 11-4, Unified Development Code, be amended as follows: JULY, 2019 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE – H 2019-0049 PAGE 17 OF 19 11-4-3-48: INDOOR SHOOTING RANGE: A. No indoor shooting range shall be allowed within three hundred feet (300’), measured from property line to property line, of a residential use or district, daycare center, education institution, hospital, library or nursing or residential care facility. B. Accessory uses including, but not limited to, retail, equipment rental and restaurants are allowed if designed to serve patrons of the use only. The application shall include a sound study prepared by a licensed sound engineer that demonstrates how the proposed use will address the impact of noise on adjoining uses. Any adverse effects shall be mitigated through setbacks, buffers, sound mitigation and/or hours of operation Section 27. That Meridian City Code Section 11-4, Unified Development Code, be amended as follows: 11-4-3-49: RESTAURANT A. Parking: 1. At a minimum, one parking space shall be provided for every two and fifty (250) square feet of gross floor area. Upon any change of use for an existing building or tenant space, a detailed parking plan shall be submitted that identifies the available parking for the overall site that complies with the requirements of this title. Section 28. That Meridian City Code Section 11-5A-6(G)(5), Unified Development Code, be amended as follows: 5. The decision making body (see section 11-5A-2, table 11-5A-2 of this article) action shall be made within seventy (70) days after receiving all information to make a decision or seventy (70) days from the last meeting where the application is considered if additional information is not needed. For applications where the commission is acting as a recommending body, the commission shall forward its recommendation to the council within seventy forty five (4570) days. Section 29 That Meridian City Code Section 11-5A-8(B), Unified Development Code, be amended as follows: 11-5A-8: FEES: In the application of fees for the review of permit applications, the following rules shall apply: A. Basis For Calculation: For any requested public hearing involving more than one classification of a petition or application, the filing fee shall be calculated on the basis of the cumulative fee for the individual application(s). B. Waiver Of Fee: Notwithstanding any of the preceding fee schedules, the city council shall have the authority to waive in whole or in part any application fee when such a fee would present a hardship. An applicant for a hardship waiver must present the request in writing to the city council, outlining the degree of such hardship. JULY, 2019 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE – H 2019-0049 PAGE 18 OF 19 C. Fees Not Refundable: Fees to be charged for the various procedures stated above are not refundable, except where a petition or application is withdrawn at least three (3) weeks prior to the date of its scheduled public hearing, and then only after order by the city council. Section 30: That Meridian City Code Section 11-5B-4(B), Unified Development Code, be amended as follows: A. Purpose: The purpose of this section is to establish procedures for modification from the bulk and placement requirements of this title. B. Applicability: The provisions of this section shall apply to requests to vary from the requirements of this title with respect to lot size, width, and depth; front, side, and rear setbacks; parking spaces; building height; all other provisions of this title affecting the size and shape of a structure or the placement upon properties; and the placement and/or number of access points to state highways. If a means of alternative compliance is available, it should be exhausted before applying for a variance. Section 31: That Meridian City Code Section Table 11-5B-5, Unified Development Code, be amended as follows: B. Applicability: 1. This process is intended to replace specific requirements as set forth throughout this title as follows: TABLE 11-5B-5 ALTERNATIVE COMPLIANCE Permit Section Common driveway 11-6C-3 Common open space and site amenity requirements 11-3G Fence requirements 11-3A-7 Height maximum in commercial districts 11-2B-3 Height maximum in industrial districts 11-2C-3 Height maximum in TN-C district 11-2D-5 Landscape buffer for wireless communication facilities 11-4-3-43E Landscape requirements 11-3B Landscaping for base of freestanding sign 11-3D-8 JULY, 2019 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE – H 2019-0049 PAGE 19 OF 19 Lighting standards for pathway along State Highway 55 11-3H-4C3 Outdoor lighting requirements 11-3A-11 Multi-family private usable open space standards 11-4-3-27B3 Noise abatement standards 11-3H-4D Parking and loading plan requirements 11-3C-5 Parking requirements 11-3C-6 Private street standards 11-3F-4 Projecting sign allowance 11-3D-8E and F Sign location in the O-T district 11-3D-5 Structure and site design review standards 11-3A-19 Section 32. That all other provisions of Title 11 as they relate to the Unified Development Code remain unchanged. Section 33. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this _____ day of July, 2019. APPROVED by the Mayor of the City of Meridian, Idaho, this _____ day of July, 2019. APPROVED: ATTEST: ______________________________ ____________________________ Tammy de Weerd, Mayor Chris Johnson, City Clerk