HomeMy WebLinkAbout18-1762 Amending Meridian City Code UDC H-2017-0044CITY OF MERIDIAN ORDINANCE NO. � — � 7 6 �'
BY THE CITY COUNCIL: BERNT, BORTON, CAVENER,
MILAM, PALMER, LITTLE ROBERTS
AN ORDINANCE AMENDING MERIDIAN CITY CODE AS CODIFIED AT TITLE 11,
ENTITLED THE UNIFIED DEVELOPMENT CODE, OF THE MERIDIAN CITY CODE
PERTAINING TO: DEFINITIONS; ALLOWED USES IN ALL DISTRICTS; SPECIFIC
USE STANDARDS (HOME OCCUPATION AND RETAIL STORE, WINE AND BEER
SALES AND SERVINGS); SURETY AGREEMENTS AND ESTABLISH NEW
DEFINITIONS AND REGULATIONS TO ALLOW THE OPERATION OF FOOD AND
BEVERAGE PRODUCTS PROCESSING, MINOR, IN THE COMMERCIAL,
INDUSTRIAL AND TRADITIONAL NEIGHBORHOOD ZONING DISTRICTS; 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 Sectionll-1-11D, Unified Development Code, be
amended as follows:
D. Revocation of Conditional Use ^F ^^^esseFy "s^ Permit:
1. A conditional use eF aeeesseFy use permit may be revoked or modified by the city
council, upon notice and hearing, for breach or violation of any condition of approval or
limitation of the permit.
2. If the city council decides to revoke a conditional use permit eF aeeesseFy use perm+,
either on its own action or upon complaint to the city council, the council shall notify the
permit holder of its intention to revoke the permit and provide the permit holder with the
opportunity to contest the revocation at a public hearing before the City Council.
3. Fifteen (15) days' prior notice of the hearing shall be given to the permit holder and all
property owners within three hundred feet (300') of the boundaries of the land for which
the permit was issued.
4. The city council shall make findings of fact and conclusions of law supporting its decision
to revoke the conditional use ^r aeeessery use permit. If the council does not decide to
revoke the permit, no findings of fact and conclusions of law shall be made.
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5. An aggrieved permit holder or complainant may appeal the decision of the city council
under the administrative procedures act of the state of Idaho, Idaho Code section 67-5270.
Section 2. That Meridian City Code Section11-1-11E, Unified Development Code, be
amended as follows:
* * *
E. Revocation, modification, or denial of accessory use permit:
1. An accessory use permit may be revoked or modified by the director upon a finding
of breach or violation of any condition of approval or limitation of the permit. An
accessory use permit application may be denied by the director upon a finding that the
proposed use cannot or will not be conducted in compliance with applicable specific
use standards. The director shall provide the permit holder written notice of the
revocation, modification, or denial, and shall provide the permit holder with
information regarding the opportunity to appeal such action.
2. The permit holder or applicant may appeal the director’s revocation, modification, or
denial of an accessory use permit. Such appeal shall be made in writing, shall state the
reasons for such appeal, and shall be delivered to the city clerk via U.S. mail or in
person within fourteen (14) days of such revocation, modification, or denial. Upon
receipt of such written appeal, the city clerk shall schedule a public hearing on the
appeal at a city council meeting within thirty (30) days. The clerk shall provide fifteen
(15) days’ notice of the hearing to the permit holder or applicant and all property
owners within three hundred feet (300') of the boundaries of the land for which the
permit was issued.
3. Following public hearing on the appeal, city council shall affirm, modify, or reverse
the director’s action and shall issue written findings supporting such decision. The city
council's decision on such appeal shall be a final decision.
Section 3. That Meridian City Code Section11-1A-1, Unified Development Code, be
amended by adding the following definitions:
* * *
ACCESSORY USE , NON-RESIDENTIAL: A use or activity that is incidental and secondary subordinate
to the principal use and is conducted upon the same property.
BREWERY: The use of a site that manufactures beer or malt liquor. The use may include the
ancillary sale or dispensing of beer or malt liquor by the drink or glass.
DIRECT SALES: The sale, distribution, presentation, demonstration, or supply of goods directly to
consumers from the fabricator or producer of such goods through independent consultants,
agents, or contractors.
DISTILLERY: The use of a site that manufactures distilled beverages. The use may include the
ancillary sale or dispensing of liquor by the drink or glass.
Meridian City Council Meeting Agenda January 23, 2018 – Page 349 of 363
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DRINKING ESTABLISHMENT: The use of a site primarily for the sale or dispensing of alcohol by the
drink or glass. Th ise use includes, but is not limited to, is commonly referred to as a bar, brewery,
lounge, nightclub, and tavern.
FOOD AND BEVERAGE PRODUCTS PROCESSING; MAJOR (NAICS Code 311): The use of a site for
producing, manufacturing, processing or storage of food products. The use includes, but is not
limited to, beverages, coffee, ice, snacks, fruits, vegetables, spices, confectionery, and dairy
products. Excluded uses are animal products, seafood, milling and refining.
FOOD AND BEVERAGE PRODUCTS PROCESSING; MINOR: The use of a site or portion thereof for
small scale operation of producing; manufacturing; processing and storage of food and beverage
products. The use must contain a tasting room, dining area, retail showroom or any combination
of these areas. The term includes brewery; distillery and winery. A use that does not meet the
specific use standards listed in Chapter 4 shall be defined as Food and Beverage Products
Processing, Major.
ACCESSORY USE, HOME OCCUPATION: A n occupation, profession, activity, or commercial use or
activity that is clearly an incidental and secondary use of to a residential dwelling unit . and that
does not alter the exterior of the property or affect the residential character of the neighborhood.
This term shall not include “Daycare Facility” as herein defined.
INDUSTRY, HEAVY: A. A use engaged in the basic processing and manufacturing of materials or
products, predominately from extracted or raw materials;
B. A use engaged in storage or manufacturing processes using flammable or explosive materials;
C. Storage or manufacturing processes that potentially involve hazardous or commonly recognized
offensive conditions. Included uses are animal products, seafood, milling and refining.
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.
RESTAURANT: A. The use of a site for the primary purpose of food preparation, having a
commercial kitchen and cooking facilities, and where meals are regularly served to the public for
compensation. The use includes, but is not limited to, cafe, coffee shop, delicatessen, diner,
eatery, grill, pizza parlor, restaurant, retail bakery, sushi bar, steakhouse.
B. Establishments with a liquor and/or beer and wine license that includes a restaurant certificate
and that meet the definition of restaurant as set forth in Idaho administrative code
11.05.01.010.0 74.
Meridian City Council Meeting Agenda January 23, 2018 – Page 350 of 363
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C. Establishments with a beer and wine license that meet the definition of restaurant as set forth
in Idaho administrative code 11.05.01.010.04, including, but not limited to, brewpubs and wine
bars.
RETAIL SALES: The sale, distribution, presentation, demonstration, or supply of goods to
consumers through or at a retail store.
RETAIL STORE, WINE AND BEER SALES AND SERVINGS: The use of a site that offers wine and/or
beer to the public for monetary compensation for off-site consumption as well as and offers
servings of such for purchase by the bottle or glass. The use includes, but is not limited to, wine
shops and brewing supply stores. The use does not include, brewery, distillery, drinking
establishment s, or restaurant s or winery as herein defined. The use does not include stores that
sell wine and beer but do not offer servings.
WINERY: The use of a site that manufactures alcoholic beverages from the fermented juice of
grapes, fruits, or other liquid bearing plants. The use may include the ancillary sale or dispensing of
wine by the drink or glass.
Section 4. That Meridian City Code Section11-2A-2A, Unified Development Code, be
amended as follows:
* * *
A. Permitted uses and accessory uses in residential districts shall be reviewed in accord
with chapters 2, “District Regulations”, 3, "Regulations Applying To All Districts", 4,
"Specific Use Standards", and 5, "Administration", of this title . , except that single-
family detached homes and secondary dwellings shall be reviewed in accord with the
standards established in title 10 of this code. Any person establishing, operating, or
carrying on a home occupation or family daycare in a residential district shall obtain an
accessory use permit prior to establishing, operating,
or carrying on such use. Any person establishing, operating, or carrying on any other
permitted and/or accessory use in a residential district shall obtain a certificate of
zoning compliance prior to establishing, operating, or carrying on such use, except that
single-family detached homes and secondary dwellings shall not require certificate of
zoning compliance and/or accessory use approval. Standards within this title related to
such uses shall be reviewed in the course of the building permit process. It shall be
unlawful and a violation of the unified development code for any person to conduct in
a residential district any permitted or accessory use unless such person first obtains
each and every applicable permit from the city.
1. Single-family detached homes, single family attached homes, townhomes and
secondary dwellings shall be reviewed in accord with the standards established in title
10 of this code and shall not require certificate of zoning compliance and/or accessory
use approval.
Meridian City Council Meeting Agenda January 23, 2018 – Page 351 of 363
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2. The operator of a home occupation accessory use or family daycare in a residential
district shall obtain an accessory use permit prior to establishing, operating, or carrying
on such use. The director shall deny an application for a home occupation accessory
use upon a finding that such use cannot or will not be conducted in compliance with
applicable specific use standards. Such finding may be based on the inherent nature of
the use, the proposed manner of the use, or the manner of the use as previously
conducted by the applicant.
3. Any other permitted and/or non-residential accessory use in a residential district
shall obtain a certificate of zoning compliance prior to establishing, operating, or
carrying on such use.
* * *
Section 5. That Meridian City Code Section11-2A-2, Unified Development Code, be
amended as follows:
* * *
TABLE 11-2A-2
ALLOWED USES IN THE RESIDENTIAL DISTRICTS
Use R-2 R-4 R-8 R-15 R-40
Daycare center 1 - C C P P
Daycare, family 1 - A A A C
Daycare, group 1 - - C P P
Direct s ales 3 A A A A A
Dwelling , secondary 1 A A A A A
Home occupation , accessory use 1 A A A A A
Notes:
1. Indicates uses that are subject to specific use standards in accord with chapter 4 of this title.
2. Multi-family dwellings may be allowed in the R-4 and R-8 land use districts when included in a planned unit
development (PUD).
3. Subject to the home occupation, accessory use standards set forth in UDC 11-4-3-21.
* * *
Section 6. That Meridian City Code Section11-2B-2A, Unified Development Code, be
amended as follows:
* * *
A. Permitted uses and accessory uses in commercial districts shall be reviewed in accord
with chapters 2, “District Regulations”, 3, "Regulations Applying To All Districts", 4,
"Specific Use Standards", and 5, "Administration", of this title. Any person establishing,
operating, or carrying on a home occupation or family daycare in a commercial district
Meridian City Council Meeting Agenda January 23, 2018 – Page 352 of 363
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shall obtain an accessory use permit prior to establishing, operating, or carrying on such
use. Any person establishing, operating, or carrying on any other permitted and/or
accessory use in a commercial district shall obtain a certificate of zoning compliance prior
to establishing, operating, or carrying on such use. It shall be unlawful and a violation of
the unified development code for any person to conduct in a commercial district any
permitted or accessory use unless such person first obtains each and every applicable
permit from the city.
1. The operator of a home occupation accessory use or family daycare in a commercial
district shall obtain an accessory use permit prior to establishing, operating, or carrying
on such use. The director shall deny an application for a home occupation accessory
use upon a finding that such use cannot or will not be conducted in compliance with
applicable specific use standards. Such finding may be based on the inherent nature of
the use, the proposed manner of the use, or the manner of the use as previously
conducted by the applicant.
2. Any other permitted and/or non-residential accessory use in a commercial district
shall obtain a certificate of zoning compliance prior to establishing, operating, or
carrying on such use.
* * *
Section 7. That a portion of the table at Meridian City Code Section11-2B-2, Unified
Development Code, be amended as follows:
Table 11-2B-2
Allowed Uses in the Commercial Districts
* * *
Use C-N C-C C-G L-O M-E H-E
Flex space 1 - P P - P -
Food and beverage products
processing; minor 1
P/C P/C P/C - P/C P/C
Fuel sales facility 1 C P P - - C
Fuel sales facility, truck stop 1 - - C - - -
Healthcare or social services P P P P P P
Home occupation , accessory use 1 A A A A - -
Use C-N C-C C-G L-O M-E H-E
Meridian City Council Meeting Agenda January 23, 2018 – Page 353 of 363
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UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE – H 2017-0044 PAGE 7 OF 15
Restaurant P P P C A A
Retail sales P P P - A A
Retail store P P P - A A
* * *
Section 8. That Meridian City Code Section11-2C-2A, Unified Development Code, be
amended as follows:
* * *
A. Permitted uses and accessory uses in industrial districts shall be reviewed in accord with
chapters 2, “District Regulations”, 3, "Regulations Applying To All Districts", 4, "Specific Use
Standards", and 5, "Administration", of this title. Any person establishing, operating or
carrying on any permitted and/or accessory use in an industrial district, including a single-
family detached dwelling used as a caretaker dwelling, shall obtain a certificate of zoning
compliance prior to establishing, operating, or carrying on such use. It shall be unlawful
and a violation of the unified development code for any person to conduct in an industrial
district any permitted or accessory use unless such person first obtains each and every
applicable permit from the city.
1. Any permitted and/or non-residential accessory use in an industrial district, including
a single-family detached dwelling used as a caretaker dwelling, shall obtain a certificate
of zoning compliance prior to establishing, operating, or carrying on such use.
* * *
Section 9. That a portion of the table in Meridian City Code Section11-2C-2, Unified
Development Code, be amended as follows:
* * *
TABLE 11-2C-2
ALLOWED USES IN THE INDUSTRIAL DISTRICTS
Use I-L I-H
Food and beverage products processing;
minor 1
P/C -
Food and beverage products processing ;
major 1
P P
* * *
Meridian City Council Meeting Agenda January 23, 2018 – Page 354 of 363
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Section 10. That Meridian City Code Section11-2D-2A, Unified Development Code, be
amended as follows:
* * *
A. Permitted uses and accessory uses in traditional neighborhood districts shall be
reviewed in accord with chapters 2, “District Regulations”, 3, "Regulations Applying To All
Districts", 4, "Specific Use Standards", and 5, "Administration", of this title . except that
single-family detached homes and secondary dwellings shall be reviewed in accord with
the standards established in title 10 of this code. Any person establishing, operating, or
carrying on a home occupation or family daycare in a traditional neighborhood district shall
obtain an accessory use permit prior to establishing, operating, or carrying on such use.
Any person establishing, operating, or carrying on any other permitted and/or accessory
use in a traditional neighborhood district shall obtain a certificate of zoning compliance
prior to establishing, operating, or carrying on such use, except that single-family detached
homes and secondary dwellings shall not require certificate of zoning compliance and/or
accessory use approval. Standards within this title related to such uses shall be reviewed in
the course of the building permit process. It shall be unlawful and a violation of the unified
development code for any person to conduct in a residential district any permitted or
accessory use unless such person first obtains each and every applicable permit from the
city.
1. Single-family detached homes, single-family attached homes, townhomes and
secondary dwellings shall be reviewed in accord with the standards established in title
10 of this code and shall not require certificate of zoning compliance and/or accessory
use approval.
2. The operator of a home occupation accessory use or family daycare in a traditional
neighborhood district shall obtain an accessory use permit prior to establishing,
operating, or carrying on such use. The director shall deny an application for a home
occupation accessory use upon a finding that such use cannot or will not be conducted
in compliance with applicable specific use standards. Such finding may be based on the
inherent nature of the use, the proposed manner of the use, or the manner of the use
as previously conducted by the applicant.
3. Any other permitted and/or non-residential accessory use in a traditional
neighborhood district shall obtain a certificate of zoning compliance prior to
establishing, operating, or carrying on such use.
* * *
Section 11. That a portion of the table in Meridian City Code Section11-2D-2, Unified
Development Code, be amended as follows:
* * *
TABLE 11-2D-2
ALLOWED USES IN THE TRADITONAL NEIGHBORHOOD DISTRICTS
Meridian City Council Meeting Agenda January 23, 2018 – Page 355 of 363
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Use O-T TN -C TN -R
Financial institution 1 P P C
Food and beverage products processing; minor 1 P/C P/C -
Healthcare or social services P P -
Home occupation , accessory use 1 A A A
* * *
Section 12. That Meridian City Code Section11-4-3-9, Unified Development Code, be
amended as follows:
A. General standards for all child daycare and adult care uses, including the classifications
of daycare center; daycare, family; and daycare, group:
1. In determining the type of daycare facility, the total number of children at the facility
at one time, including the operator's children, is the determining factor.
2. On site vehicle pick up, parking and turnaround areas shall be provided to ensure
safe discharge and pick up of clients.
3. The decision making body shall specify the maximum number of allowable clients
and hours of operation as conditions of approval.
4. Upon tentative approval of the application by the director or commission for a
daycare center facility, the applicant or owner shall provide proof of criminal
background checks and fire inspection certificates as required by title 39, chapter 11,
Idaho Code. Said proof shall be provided prior to issuance of certificate of zoning
compliance. The applicant or owner shall comply with all state of Idaho and
department of health and welfare requirements for daycare facilities.
5. In residential districts or uses adjoining an adjacent residence, the hours of operation
shall be between six o'clock (6:00) A.M. and eleven o'clock (11:00) P.M. This standard
may be modified through approval of a conditional use permit.
6. Prior to submittal of an application for an accessory daycare facility in a residential
district, the applicant or owner shall hold a neighborhood meeting in accord with
subsection 11-5A-6C 11-5A-4B of this title. Notice of the neighborhood meeting shall be
provided to all property owners of record within one hundred feet (100') of the
exterior boundary of the subject property.
The applicant shall not exceed the maximum number of clients as stated in the
approved permit or as stated in this title, whichever is more restrictive.
B. Additional standards for daycare facilities that serve children:
Meridian City Council Meeting Agenda January 23, 2018 – Page 356 of 363
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1. All outdoor play areas shall be completely enclosed by minimum six foot (6')
nonscalable fences to secure against exit/entry by small children and to screen abutting
properties.
2. Outdoor play equipment over six feet (6') high shall not be located in a front yard or
within any required yard.
3. Outdoor play areas in residential districts adjacent to an existing residence shall not
be used after dusk.
C. Additional standards for family daycare facilities conducted as home occupation s
accessory uses :
1. In no way shall the family daycare cause the premises to differ from its residential
character in the appearance, emit lighting, signs, or in the emission of noise, fumes,
odors, smoke, dust, vibrations, or electrical interference that can be observed outside
the dwelling. A sign may be displayed for advertising the family daycare facility in
accord with the standards set forth in UDC 11-3D-8B.
2. Off street parking shall be provided as set forth in section 11-3C-6 of this title, in
addition to the required off street parking for the dwelling.
Section 13. That Meridian City Code Section11-4-3-19, Unified Development Code, be
amended as follows:
11-4-3-19: FOOD AND BEVERAGE PRODUCTS PROCESSING ; MAJOR :
A. All structures, loading areas, outdoor activity areas, exclusive of parking shall be
located a minimum of six hundred feet (600') from any abutting residential districts.
B. Food processing shall be located a minimum of one thousand feet (1,000') from any
hospital.
C. The application materials shall include written documentation that the proposed
facility meets any applicable federal, state, or local standards regarding such use
including, but not limited to, those of the U.S. environmental protection agency, the
U.S. department of agriculture, Idaho department of environmental quality (DEQ),
Idaho department of agriculture, Idaho department of water resources, and Central
district health department.
Section 14. That Meridian City Code Section11-4-3-21, Unified Development Code, be
amended as follows:
11-4-3-21: HOME OCCUPATION ACCESSORY USE : TheIn addition to the noticing requirements
set forth in subsections 11-2A-2A, the following standards apply to all home occupation accessory
uses with the exception that strict adherence to the standards contained in subsections B, C, E, F,
G and FH of this section in the TN-C and TN-R districts is not required:
Meridian City Council Meeting Agenda January 23, 2018 – Page 357 of 363
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A. The home occupation accessory use shall only be allowed as an incidental, secondary use to an
allowed residential use. The operator of the home occupation accessory use shall be responsible
for obtaining an accessory use permit, as well as any and all other applicable licenses, permits, or
inspections, prior to operating the home occupation accessory use. Where a home occupation
accessory use includes the provision of lessons or instruction to a group of seven (7) or more
students at one time, prior to submittal of an application for an accessory use permit, the
applicant shall hold a neighborhood meeting in accord with subsection 11-5A-4B of this title.
B. Allowed home occupation accessory uses include, but are not limited to:
1. Personal and professional services.
2. Direct sales.
3. Artisan craft production or instruction.
4. Art, dance, music, or other lessons/instruction.
5. Any other similar use, as determined by the Director.
C. Prohibited home occupation accessory uses include, but are not limited to:
1. Vehicle repair.
2. Vehicle rental.
3. Vehicle washing.
4. Equipment repair.
5. Equipment rental.
6. Retail sales, except:
a. The sale of services or items produced or fabricated on the premises as a result
of the home occupation accessory use;
b. The sale of products secondarily related to the personal service aspect of the
home occupation accessory use; or
c. The sale of products sold online that are delivered to customers by mail.
7. Any other use prohibited by the UDC or in violation of the purpose statement of this
code, as determined by the Director.
A.D. In no way shall the home occupation accessory use emit lighting, signs, or in the emission of
noise, fumes, smoke, dust, odors, vibrations, or electrical interference that can be observed
outside the dwelling. A sign may be displayed at the dwelling for advertising the home
occupation accessory use in accord with the standards set forth in UDC 11-3D-8B.
B.E. The home occupation accessory use shall be conducted entirely in the dwelling, and not
more than ten percent (10%) twenty five percent (25%) of the overall living area of said dwelling
shall be used for a home occupation accessory use or for storing goods associated with the home
occupation accessory use. An attached garage shall be included in the calculation of the area of
the dwelling for this purpose. may be used for a home occupation provided it shall not reduce the
required off street parking below the standard established for that district and the area being
used for the home occupation is calculated to be no greater than twenty five percent (25%) of the
overall living area of the dwelling.
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C.F. No activity connected to the home occupation accessory use or any storage of goods,
materials, or products connected with a home occupation accessory use shall be allowed in any
detached garage or detached accessory structure.
D. E. G. The home occupation accessory use shall not have more than two (2) outgoing pick-ups
per day from a common carrier.
F. H. The home occupation accessory use shall be conducted by the inhabitants of the dwelling,
and no more than one nonresident employee shall be permitted at any time .
G. I. The home occupation accessory use shall not serve as a headquarters or main office where
employees come to the site and are dispatched to other locations.
H. No retail sales shall be permitted from the dwelling except the sale of: 1) services or items
produced or fabricated on the premises as a result of the home occupation; or 2) products
secondarily related to the personal service aspect of the home occupation; or 3) products sold
online that are delivered to customers by mail.
I. J. Off street parking shall be provided as set forth in section 11-3C-6 of this title, in addition to
the required off street parking for the dwelling.
J. K. All visits by clients, customers, and/or employees shall occur between the hours of eight
o'clock (8:00) A.M. and eight o'clock (8:00) P.M.
K. The home occupation shall only be allowed as an accessory use to an allowed residential use.
Section 15. That Meridian City Code Section11-4-3-46, Unified Development Code, be
added as follows:
11-4-3-46: FOOD AND BEVERAGE PRODUCTS PROCESSING; MINOR:
A. The building or tenant space shall not exceed a gross floor area of 5,000 square feet. In the
commercial, industrial and traditional neighborhood
districts additional square footage may be approved with a conditional use permit. In no case
shall the maximum square footage in any of these districts exceed 10,000 square feet.
B. In the commercial districts, a conditional use permit shall be required when the use is
located within three hundred feet (300’) of a residential district or existing residence.
C. In the commercial and traditional neighborhood districts, the dining area, tasting area,
retail showroom or any combination thereof, shall
comprise a minimum of twenty-five percent (25%) of the building and/or tenant space, as
applicable.
D. In the industrial districts, the dining area, tasting area and the retail showroom or any
combination thereof, shall not exceed more than
twenty-five percent (25%) of the building and/or tenant space, as applicable.
E. Storage of materials used in the production process shall only be permitted within a
completely enclosed structure. Other outdoor storage areas not associated with the
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production process shall comply with section 11-3A-14, "Outdoor Storage As An Accessory
Use", of this title. Outdoor storage is prohibited in the traditional neighborhood districts.
F. Mechanical equipment associated with the manufacturing of the beverage may be
reviewed and approved as an integrated architectural element of the building through
administrative design review as a design standards exception.
G. Alcohol servings shall be limited to the following time periods: eleven o'clock (11:00) A.M.
to ten o'clock (10:00) P.M.
Section 16. That a portion of the table in Meridian City Code Section11-5A-2, Unified
Development Code, be amended as follows:
* * *
TABLE 11-5A-2
DECISION MAKING AUTHORITY AND PROCESS BY APPLICATION
Application
Recommending
Body
Decision
Making Body
Process
Accessory use for daycare, family None D N
Accessory use, home occupation with customers, clients, and/or
employees
None D N A
Accessory use, home occupation with no customers or clients
including provision of lessons or instruction to a group of seven
(7) or more students
None D A N
* * *
CC = City council A = Administrative
D = Director N = Administrative with public notice
PZ = Planning and zoning commission PH = Public hearing
PM = Public meeting
Section 18. That Meridian City Code Section11-5C-3, Unified Development Code, be
amended as follows:
11-5C-3: PROCESS:
A. The city may withhold building, electrical or plumbing permits, certificates of zoning
compliance, or certificates of occupancy on the lots or land being developed or subdivided, or the
structures constructed thereon, if the improvements required under this title have not been
constructed or installed, or if such improvements are not functioning properly.
Meridian City Council Meeting Agenda January 23, 2018 – Page 360 of 363
JANUARY 2018 UPDATE
UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE – H 2017-0044 PAGE 14 OF 15
B. All improvements related to public life, safety and health shall be completed prior to
occupancy of the structures. Where approved by the city engineer, an owner may post a
performance surety for such improvements that are needed to protect the public life, safety and
health including, but not limited to, water, sewer, reclaimed water, stormwater facilities or
improvements, and power facilities; parking lot paving and striping; and street paving) in order to
obtain city engineer signature on the final plat. The amount of the performance surety shall be
established by city council resolution. The estimated cost shall be provided by the applicant and
reviewed and approved by the city engineer. In addition to the performance surety, all such
improvements shall also be subject to a warranty surety in the amount of twenty percent (20%)
of the cost of improvements for a period of two (2) years. The amount of the performance surety
shall be established by city council resolution.
C. In the event that an applicant and/or owner cannot complete the nonlife, nonsafety and
nonhealth improvements, such as landscaping, pressurized irrigation, and fencing, prior to city
engineer signature on the final plat and/or prior to occupancy, a surety agreement may be
approved in accord with the procedures set forth in this chapter. The amount of surety called for
shall be established by city council resolution. The estimated cost for landscape and fencing
sureties shall be provided by the applicant and reviewed and approved by the director. The
amount of surety called for shall be established by city council resolution.
D. Where a surety is accepted for nonlife, nonsafety and nonhealth improvements by the city and
deposited as provided by this article, the city may release temporary occupancy of a structure or
structures. The term of the temporary occupancy shall be determined by the city engineer and/or
director. The term shall not exceed one hundred eighty (180) days in length. Sureties shall be in
the form of a bond, an irrevocable letter of credit or a cash deposit. In all cases the surety shall be
drawn solely in favor of, and payable to, the order of the city of Meridian, in accord with the
regulations contained in the surety agreement by and between the guarantor and the city of
Meridian.
E. Sureties shall be in the form of a bond, an irrevocable letter of credit or a cash deposit. In all
cases the surety shall be drawn solely in favor of, and payable to, the order of the city of
Meridian, in accord with the regulations contained in the surety agreement by and between the
guarantor and the city of Meridian. Where a surety is accepted for nonlife, nonsafety and
nonhealth improvements by the city and deposited as provided by this article, the city may
release temporary occupancy of a structure or structures. The term of the temporary occupancy
shall be determined by the city engineer and/or director. The term shall not exceed one hundred
eighty (180) days in length.
F. Where a surety is accepted by the city and deposited as provided by this article, the surety
shall be released subject to the following regulations:
1. The owner shall submit a written request to the city to lease the surety. The request shall
include the following documents:
a. A statement from the owner that the required improvements are complete.
b. Two (2) sets of prints of the as built plans and specifications for all improvements.
2. The city engineer and/or director shall verify and certify that the required improvements, as
detailed in the surety agreement, have been installed and/or accepted by the city at the end of
Meridian City Council Meeting Agenda January 23, 2018 – Page 361 of 363
the warranty period. The as built plans shall be reviewed and approved by the city engineer or
director.
3. Upon certification of the city engineer and/or the director, the city shall release the sureties
heretofore deposited in the manner and to the extent as provided for in the surety agreement
in accord with the regulations of this article.
G. All improvements related to public life, safety and health shall be completed prior to
occupancy of the structures.
Section 19. That all other provisions of Title 11 as they relate to the Unified Development
Code remain unchanged.
Section 20. That this ordinance shall be effective immediately upon its passage and
publication.
2018.
PASSED by the City Council of the City of Meridian, Idaho, this Di day of January,
APPROVED by the Mayor of the City of Meridian, Idaho, this ?_3 day of January, 2018.
APPROVED:
PDQ Pt AVG\
ATTEST:
Tammy de Weer , Mayor Er IDIAN�- y Co
IDAHO
x^ SEAL
JANUARY 2018 UPDATE
UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE - H 2017-0044 PAGE 15 OF 15
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.C. § 50-901(A)
CITY OF MERIDIAN ORDINANCE NO. 18- � 7 6
An Ordinance of the City of Meridian amending Meridian City Code as Codified at Title 11,
Entitled the Unified Development Code Pertaining to: Definitions; Allowed Uses in all
Districts; Specific Use Standards (Home Occupation and Retail Store, Wine and Beer Sales and
Servings); Surety Agreements and Establish New Definitions and Regulations to Allow the
Operation of Food and Beverage Products Processing, Minor, in the Commercial, Industrial and
Traditional Neighborhood Zoning Districts; Providing for a Waiver of the Reading Rules; and
Providing an Effective Date.
A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East
Broadway Avenue, Meridian, Idaho. This ordinance shall become effective upon the passage
and publication. PSED AUG(,'�9r'
C' y of M ri ian �/j ILMAP
Mayor and ity Council IDAHO
By: C.Jay Coles, City Clerk SEAL
First Reading:
1/�,3/,),)j�
Adopted after firs)reading by suspension of the Rule as allowed pursuant to Idaho Code 50-
902: YES A NO
Second Reading: ---
Third Reading:
STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY
OF ORDINANCE NO. 18- 1-76>
The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho,
hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached
Ordinance No. 18- 0 6 )' of the City of Meridian, Idaho, and has found the same to
be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-
901A (3).
DATED this Z3 day of January, 2018.
a�Dl /.nj .J,
William. L.M. Nary
City Attorney
JANUARY, 2018 UPDATE - SUMMARY
UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE - H 2017-0044
351462 1722424
1 MERIDIAN, CITY OF
33 E. BROADWAY AVENUE
MERIDIAN ID 83642
AFFIDAVIT OF PUBLICATION
STATE OF IDAHO )
)SS.
County of Ada )
Sharon Jessen
of Nampa, Canyon County, Idaho, being
first duly sworn, deposes and says:
1. That I am a citizen of the United States,
and at all times hereinafter mentioned
was over the age of eighteen years, and
not a party to the above entitled action.
2. That I am the Principle Clerk of the
Meridian Press, a weekly newspaper
published in the City of Meridian, in the
County of Ada, State of Idaho; that
the said newspaper is in general
circulation in the said County of
Ada, and in the vicinity of
Meridian, and has been
uninterruptedly published in said
County during a period of seventy-eight
consecutive weeks prior to the first
publication of this notice, a copy of
which is hereto attached.
3. That the notice, of which the annexed is
a printed copy, was published in said
newspaper 1 time(s) in the regular and
entire issue of said paper, and was
printed in. the newspaper proper, and not
in a supplement.
That said notice was published the following:
02/02/2018
STATE OF IDAH
County of Canyon)
On this 2nd day of February in the year of
2018 before me a Notary Public, personally appeared.
Sharon Jessen, known or identified
to me to be the person whose name is subscribed
to the within instrument, and being by me first
duly sworn, declared that the statements therein
are true, and acknowledge to me that h e
executed the same.
Notary Public for Idaho��
Residing at Canyon Countyg °°° "®
My Commission expires 06/28/2023 Ot
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