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HomeMy WebLinkAboutPZ RevisionsProposed UDC Text Amendments UDC Section Topic Problem/Question/Revisions Potential Fix 11-1-11 Code enforcement Recently a UDC violation case went to a court trial. The B. Investigation: prosecutor, defense council and judge all pointed out the UDC does not specifically outline the methods of service when serving a UDC violator notice of a violation. The MCC 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. does outline this process in 4-2-3 (C) 1, 2 and 3. 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. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) 3. Thp netice shall be served upen the ewneF, *pm;;nt Ar Atheic peFsen Fespen-sible fnr *hp addressed te the la-A knewn address Af rueh . The Code Enforcement Officer will record all efforts made to effect service in person or by mail as part of their investigative report. (Ord. 07-1325, 7-10- 2007). 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. 11-1A-1 Definition Add new definition of accessory use, residential. ACCESSORY USE, RESIDENTIAL: A use or activity on a residential property that is secondary to the principal use. 11-1A-1 Definition Separate the personal and professional definition. They are PERSONAL ^ ND oRnFESSIGN n i SERVICES: The use of a site for the provision of individualized services generally related to personal needs. separate uses in the allowed use tables in Chapter 2. Personal service uses include, but are not limited to, beautynire 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. Pre-fe-r-sie al �^ ,,; ^ „�^ �,, �^ but are not limited to: architects, landscape aicehitects and E)theF desigR .81 eamputeF designeFsj GORSUltaRts; lawyeFS� Media advisaFs; PROFESSIONAL SERVICES: See of ^^.-s^^^' and prefessienal s . Professional service uses include, but are not limited to: architects, landscape architects and other design services; Vie-graphic designers; consultants; lawyers; media advisors; photography studios; fen; and ties general offices. The term does not include healthcare and social service. 11-1A-1 Definition Add new definition of foot-candle. 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. 11-1A-1 Definition Add new definition of an indoor shooting range. 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. 11-1A-1 Definition Add new definition of light trespass. 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. 11-1A-1 Definition Add new definition of lumen. LUMEN: A lighting industry standard unit of measurement used to measure the total quantity of visible light emitted by a source. 11-1A-1 Definition Modify definition of open space to include linear open 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 space. 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. 11-1A-1 Definition Add new definition of personal property. PERSONAL PROPERTY: Any property that is not real property. 05/13/2019 11-1A-1 Recreational vehicle Add the term mobile tiny homes to the definition. 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. 11 -2A -3(B)(3) Minimum street frontages Ensure common driveways provide access to an abutting 3. Properties taking access fFGM _ COMMOR driveways de net requiFe street fFentage, but said commen driveway s­ha-H-eenneet te an public street. Remove from table. Public stFeet. Table 11-2A-6 Dimensional standards Developer requested that the UDC specifically call -out of the R-8 District setbacks for side loaded garages in the R-8 district. 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 setback' to garage (in feet): Local 20 Collector 25 k 0 1Y Alley 5 Street setback' to living area and/or side loaded garage (in feet): Local 10 Collector 25 IWI 11 01-4 :. Alley 5 Interior side setback (in feet) 5 Rear setback (in feet) 12 Street landscape buffer' (in feet): Collector 20 Arterial 25 Entryway corridor 35 Interstate 50 Maximum building height (in feet) 35 Table 11-2A-2 Allowed uses in the residential Updating table to reflect that restaurant uses have specific districts use standards. Use R-2 R-4 R-8 R-15 R-40 � ���� Restaurant' F F F A 05/13/2019 Table 11-213-2 Allowed uses in the Adding indoor shooting range to allowed use table in the commercial districts commercial districts. Use C-N C-C C-G L-O M-E Hotel and motel' P/C P/C P/C F JE Indoor Shooting RangelIndustry, information' FP Table 11-213-2 Allowed uses in the Updating table to reflect that restaurant uses have specific commercial districts use standards; specifically different parking standards. Use C-N C C C-G FOWE Y s _ Restaurant' F[ P FPFC� JA Table 11-2C-2 Allowed uses in the industrial Adding indoor shooting range to allowed use table in the districts industrial districts. Use I-Ld-H I _ Fuel sales facility, truck stop'Indoor Shooting Rangel 1 = Industry, heavy' F Table 11-2C-2 Allowed uses in the industrial Updating table to reflect that restaurant uses have specific districts use standards. Use I-L I-H Restaurant! . A Table 11-2D-2 Allowed uses in the traditional Updating table to reflect that restaurant uses have specific neighborhood districts use standards. Use O-T TN-C TN-R Restaurant' P P 11-2B-3(A)(4) Standards Clean-up item. Re-numbering this standard as it does not 4B. Hours Of Operation: Business hours of operation within the L-0 and C-N Districts shall be limited from six o'clock (6:00) A.M. to ten o'clock pertain to a dimensional standard. (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. 05/13/2019 11-3A-6 Ditches, laterals, canals or Amend this section of code to reference the definition of a A. Purpose: The purpose of this section is to limit the tiling and piping of natural waterways, ditches, canals, laterals, sloughs and drains where drainage courses water amenity in chapter 1 and grant the decision-making public safety is not a concern as well as improve, protect and incorporate creek corridors (Five Mile, Eight Mile, Nine Mile, Ten Mile, South body on the application the authority to waive the tiling of Slough and Jackson and Evan Drains) as an amenity in all residential, commercial and industrial designs. When piping and fencing is proposed, irrigation facilities. the following standards shall apply. Add new language as testified at the public hearing. Some B. Piping: text was added based on feedback from NMID. 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, and aRy necessary approvals whieh Fnay be reqUiFed from aR irFigatien eF draiRage eRtity aFe ebtained. 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 sky -e (4decision-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 0 rFigatien eF drainage entity aFe ObtaiRed a liceRse affeemeRt is executed with the IFFigation Dis b. The city eeuncil may also waive this Fecluirernent fOF large Eapaeaty faeilities. 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. -r than ten feet (10') shall be a remmen let that minirn- im Af vventy feet . Improvements 'h 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. , _ _ Ftie 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. NatWal Drainage GeyFses� All natuFal dFaiRage c;euFses shall be Ie4 uRdistuFbed or be impFeved in a FnanneF that will impFeve the hydFauliEs and ease of M;;*1#PR;1RrP Af thp rhaRRPI Af nat- -r;;' sv ales is ac;eeptable Of the hydFawlics and ease Af maintenanee aFe PF9VOded fer. The term "nat- drainage rn, -r-;P" ;h;i" nnt hp rippmi-d to apply te FnineF swales and depressions that are lerated entirely en the applicant's property ;4nd wh'rh -;Prve-a- 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 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 theapplicant's propertV and which serve a relatively small area where runoff is infrequent. 05/13/2019 11-3A-11 Outdoor lighting The current code does not adequately address light A. The following types of lighting are exempt from the regulations of this section: (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) trespass. We are seeing advancements in lighting 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 technology. These advancements are making lighting 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 retrofits cost effective and common. With the retrofits violation of subsection B (6) of this chapter. (Ord. 11-1482, 4-26-2011, eff. 5-2-2011) come brighter lights. Code Enforcement is seeing an increase in light trespass complaints. Through a recent 2. All outdoor lighting produced by the direct combustion of natural gas or other fossil fuels such as kerosene lanterns or gas lamps. investigation, City Attorney staff and Code Enforcement learned light trespass is not enforceable with the language .� d f^. f^.+., (40) .Jays ^. �^« peF yeaF aF ,H 3. Tempe oliday lighting �^ that is not in violation of this section. in our current code. 4. Vehicular lights and all temporary emergency lighting needed for fire protection, police protection, and/or other emergency services. The code allows for an exemption of all light fixtures below 5. All hazard warning lights required by federal or state regulatory agencies. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) 1,800 lumens (equal to an average 120 watt incandescent bulb). One of these fixtures may not be a problem but the 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 current wording of the code allows for an indefinite number trespass in violation of this section. of these unregulated fixtures to be installed in a single 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. lighting project. The exemption allows said light fixtures to be configured in any way regardless how they impact an abutting property. B. The installation, use, or display of any of the following types of lighting and/or illumination shall be prohibited: A Lumen is a unit of measure routinely used by light fixture 1. Mercury vapor lamp fixture and/or lamp. manufacturers and only practically measured in a laboratorV 2. Laser source light or any similar high intensity light. environment. Lumen ratings are practical when used in the code for planning and development purposes but lumen 3. Lighting that changes colors, revolves, or moves, including searchlights shall be prohibited in all districts, except where approved for measurements cannot be practically obtained in the field. temporary uses under a valid, current city of Meridian temporary use permit. This creates a huge obstacle for Code Enforcement when 4. Lighting, including strings of lights, on commercial or private tower structures that exceed the district height limit, except as required by investigating light trespass complaints. regulations of the federal aviation administration (FAA). The standard unit of measure for field -work in the United 5. Strobing, revolving, or flashing lights. States is the foot-candle. Foot-candle measurements are easily obtainable from readily available instrumentation. 6. Light or illumination with such brilliance or so positioned as to blind eF da le impair the vision of drivers and/or pedestrians. The foot-candle must be referenced in the code to make 7. Low pressure sodium lighting. (Ord. 09-1436, 12-15-2009, eff. 1-1-2010) light trespass enforceable. Lumens in the code should only be used when referencing fixture specifications as it applies C. Standards: to planning. Foot-candles should be used in the code to 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 govern light trespass once the fixture is installed. Currently, uplighting; the bulb shall not be visible and shall have a full cutoff shield. See figure 1 of this section. when a permitted fixture is installed in a way that causes light trespass Code Enforcement cannot take any action. 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. (Ord. 11- Holiday lighting is currently allowed for 40 days and is 1482, 4-26-2011, eff. 5-2-2011) exempt from regulation. Which 40 days are not identified and such would require a daily inspection and 3' Pleedlight fixtures Shall be leeCated- in Such a FnanneF as te pFevent diFeet glare inte a street and- te rniRiFnii!e ifflpaCt eR al96IttiRg pFepeF documentation to prove/enforce. The exemption allows a. FIE)E)dlight fi)AWFes shall be set te ge E)R only when tFiggeFed by activity en the PFE)PeFty (senSeF activated) and tG gG E)ff withiR five (5� holiday lighting to be the source of light trespass and limit . the enjoyment of abutting properties. We have seen . exceptionally bright and flashing lights that illuminate a 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- majority of an abutting property. The change would candle, when documented in the above manner, and extending onto an abutting residential use constitutes light trespass. eliminate the 40 day period and have holiday lighting comply with light trespass standards. 4. Floodlight fixtures shall be 4K4te4 positioned in such a manner as to prevent direct glare into a street and to Fnini mie 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. 05/13/2019 05/13/2019 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. 99. 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. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005; amd. Ord. 11-1482, 4-26-2011, eff. 5-2-2011) EM 11-3A-11 05/13/2019 Figure 1 Replace existing figure with new one Figure 1 EXAMPLES OF FULL CUTOFF SHIELDS OLD/REPLACE WITH NEW FIGURE BELOW I Al E rfWFn NEW FIGURE Shielded Unshielded/Poorly Shielded Outdoor Lighting Outdoor Lighting Q4�za Q;�5 �O Z qj, E Full Cutoff Fixtures Unshielded or Poorly Shielded Floodlights ffE] LJ 1st Fully Shielded Wallpacks Unshielded Wallpacks 2— 47 a�;)� Fully Shielded Fixtures Drop Lens Fixtures with Exposed Bulb/Retractor Lens Indirect Light Source Fully Cutoff Unshielded rl 1 Sheet Light Street Light Faux Light Source Light Sour": Fully Shielded Unshielded 'Historical' Style Fixtures 'Historical' Style Fixtures 4�) CN Shielded/Property Flush Mounted Unshielded Drop Lens Aimed Floodlights Canopy Fixtures Floodlights Canopy Fixtures Note: See 11.3A-1 1 (C) for requirements and limitations of fixture types, light output, and light hespass. sy' v+ -�''�f �•• ,moi''-'`.�� �� �5 ��f jay-�I f I i � I YOTALLMNEa NEW FIGURE Shielded Unshielded/Poorly Shielded Outdoor Lighting Outdoor Lighting Q4�za Q;�5 �O Z qj, E Full Cutoff Fixtures Unshielded or Poorly Shielded Floodlights ffE] LJ 1st Fully Shielded Wallpacks Unshielded Wallpacks 2— 47 a�;)� Fully Shielded Fixtures Drop Lens Fixtures with Exposed Bulb/Retractor Lens Indirect Light Source Fully Cutoff Unshielded rl 1 Sheet Light Street Light Faux Light Source Light Sour": Fully Shielded Unshielded 'Historical' Style Fixtures 'Historical' Style Fixtures 4�) CN Shielded/Property Flush Mounted Unshielded Drop Lens Aimed Floodlights Canopy Fixtures Floodlights Canopy Fixtures Note: See 11.3A-1 1 (C) for requirements and limitations of fixture types, light output, and light hespass. 05/13/2019 Figure 2 Replace existing figure with new one FIGURE 2 LIGHT TRESPASS OLD/REPLACE WITH NEW FIGURE BELOW C.` c }'AA 010f1tiO 1 -Hi ._ .. , F ±.. rve _�';:. .... rp[ e- le =i:i ."I �..�1� je.9• i:.l- e - ... '� _'•t `E:F'3.e .t. _ :�r.`= i{ �!'GL��3 1M'�S.'�'�IA�A,. V 7:1= . _ ;l!•f �-' � / ` IF - a .. • IFl/(IF/ fy'f ae .q e r NEW FIGURE ■ C � 3• � N r •, \ ■ CIL 0 CL / 0I \ ' r � \ ., ■ 0 `�, \ �■ Area of Light r Trespass r u' Note: For measuring fight trespass, see 11-3A-1 1(C)(3). 05/13/2019 11 -3A -14(A) and (C) Outdoor storage as an An outdoor storage investigation recently went to a jury 11-3A-14: OUTDOOR STORAGE AS AN ACCESSORY USE: accessory use trial. During the trial it was made apparent that our current outdoor storage language does not include "personal Accessory outdoor storage shall be allowed for an approved use subject to the following standards: property." This became an issue when defense counsel A. All outdoor storage of material, equipment, inventory, personal property and/or supplies shall be conducted in an orderly manner. It shall be asked the investigating officer to explain how the items unlawful to conduct outdoor storage of materials, equipment, inventory, personal property and/or supplies in a manner that: referenced fit the current language in the code. The current language easily applies to commercial properties but not 1. Creates a public nuisance, visual blight, or acoustic impacts by reason of condition, duration, and/or volume. residential properties. 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. 11 -3A -14(D)(2) Outdoor storage as an Clean-up to provide clarification to this section of code. 2. For properties that adjoin the railway corridor, in addition to the standards of subsection D1 of this section, outdoor storage of materials, accessory use equipment, inventory, and/or supplies shall be screened from the interior edge of the required street buffer a distance of one hundred feet (100') fFem the edge of Fight of way parallel to the railway corridor. 11-3A-20 Travelling sleeping quarters The current title and the definition are inconsistent. The 11-3A-20: TRAVELLING S'�QLIVING QUARTERS: No motor vehicle or trailer including, but not limited to, travel trailers, fifth wheels, title reads in part "...Sleeping Quarters" and the definition recreational vehicles, mobile tiny houses and/or motor coaches, shall be used as a residence or as living quarters except within an approved reads in part "...living quarters." 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. The tiny house movement is growing in popularity and we are seeing them in Meridian. Mobile tiny houses are not currently defined in our code. As their popularity increases, we are fielding more inquiries about Meridian's stance on them. Changed the spelling of traveling to match the American version. 11 -3B -5(A)(1) Standards and installation Update this section of code to reflect the newly adopted A. Approved Tree Species: tree publication guide for the Treasure Valley. 1. The publication titled "Treasure Valley Tree Selection Guide For Streets And Landscapes Throughout Idaho" Beise paFkS and recreatieR depaF*meRt (latest R) 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. 11 -3B -9(C)(2) Landscape buffers to adjoining Add flexibility to this section code so applicants don't have 2. Minimum Buffer Size: The width of the buffer is determined by the district in which the property is located, unless such width is otherwise uses to submit City Council Review application to reduce the modified by the decision making body set forth in UDC Table 11-5A-2 city council at a public heaFing with notice to surroundiRg property landscape buffers when commercial and industrial uses mss. The tables of dimensional standards for each district in accord with chapter 2, "District Regulations", of this title establish the minimum abut a residential use. Example of this is when a conditional buffer size. A reduction to the buffer width shall not affect building setbacks; all structures shall be set back from the property line a minimum use permit is before Planning and Zoning Commission and of the buffer width required in the applicable zoning district. the Commission doesn't have the authority to waive the buffer except through the City Council Review process. 05/13/2019 11 -3C -4(A)(2) Parking standards for single- The amendment would cause the UDC to read more in line 2. Types Of Vehicles; Location Of Parking: Only automobiles and motorcycles displaying license plates aad assigned to the vehicle with current family detached, townhomes, with the similar ISC 49-456. The UDC as it currently reads registration may be parked in the required street yard. All other vehicles, including, but not limited to, vehicles without current registration, secondary, duplex and single- allows a vehicle to display any currently registered license vehicles without license plates, recreational vehicles, personal recreational items, boats, trailers and/or other vehicles shall only be parked in family attached dwellings plate even if the license plate is registered to another the rear or side yard and shall be screened by a solid fence, six feet (6') in height. vehicle. Code Enforcement Officers have experienced this occurring when trying to get property owners to come into compliance. The front license plate of currently registered vehicle is often placed on the public view portion the unregistered vehicle. 05/13/2019 10 Table 11-3C-6 Required parking spaces for Modify parking standards to make it clear what parking residential use standards apply to nursing care facilities and age restricted housing. Request of the UDC Focus Group members, they Number Of requested that 1 and 2 bedroom units have the same Bedrooms (Per parking requirements. Use And Form Unit) Required Parking Spaces' Further discussions are needed with the developer. Staff would like to move forward with the proposed changes and i (attached 9F deta,.hed) believes the UDC provides the flexibility to the developer through the alternative compliance process. jFn 10 feet by 20 feet 2 Dwelling, duplex and dwelling, 1L 2 per dwelling unit; at least 1 in an enclosed single-family (detached, garage, other space may be enclosed or a attached, townhouse) minimum 10 foot by 20 foot parking pad X3/4 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 pad 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 pad Dwelling, multi-family3 (triplex, F1 1.5 per dwelling unit; at least 1 in a covered fourplex, apartments, etc.) 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 1 0.5 per bed — Facility Vertically integrated 1 [per dwelling unit residentia14 7-- 2/3 1 1 per dwelling unit 4+ Fper dwelling unit 05/13/2019 11 11-3D-8(A)(14)(f) Sign requirements Include a new figure to the sign ordinance since there is a new interchange in the Ten Mile area. 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_apA{e1 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. 11-31D-8 Figure 1 Replace and add new Interchange figures. Figure 1 1-84/Meridian Road Interchange (Replace existing Exhibit) Legend y— ® Interchange Sign Area Parcels _ x ❑ E CENTRAL DR-- - i IHIII I' WO7HD1D_ � E•B ERLAND-RD � — t j I i moi.. i R Mid 0.5 I rlGllt Dciar: d(25Y2Q19' 05/13/2019 12 05/13/2019 13 Figure 2 Figure 2 1-84/Eagle Road Interchange (Replace existing Exhibit) Legend E-FRANKLIN•RO Interchange Sign Area U Parcels l f tIJ— II - J �k•w._ - .may , i f FFFT j f 1 w: L � I t t W L7 I 1 IIIA _ E t]VERLAJ 1— t 0 015 1 Print Date: 4/25/2019 Miles 05/13/2019 13 05/13/2019 14 Figure 3 Figure 3 1-84/Ten Mile Interchange (New exhibit) Legend _ 0 Interchange Sign Area !� I � Parcels I. I v Y U - ua _ -------------------------- LA f / ER L-A-N;D=R-a m I _d �FIN. a 0.5 1 Prinf Date: 4/25/2019 Miles 05/13/2019 14 11-3G-3(B) Qualified open space Modify the open space standards to ensure the City is getting consolidated usable open space with residential developments. Changing the open space standards cannot be done within the two week timeline. For now, staff is proposing to change a few of the proposed changes and allow the street buffers to continue to count towards the qualified open space standards. Once the new Comprehensive Plan is adopted, this section of code will be reviewed in its entirety. 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; e+ d. Plaza-.Lor 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. �,"er as G, aEe Full Area of Buffer: The full area of the landscape buffer along collector and arterial streets may count toward required common open space if .dl,yelepe d With -, z9-feet wide segmen# .,f the City's 19ath,. ,., the ay system and h.,Fe the pathway ,I� P1 ;;Rd 4. Percentage Of Buffer: Fifty percent (50%) of the landscape buffer along arterial streets may count toward the required common open space. S. 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 11-313-7, "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. eq— ement: a. The parkway i's a miRiFrium E)f teR feet (101) On width measuFed betweeR edge ef sidewalk and baek of cwicb. Wheice AGHP is aRtieipa future widening ef the street, the width of the buffer shall be measuFed from the ultimate curb leeatiE)R as antieipated by AC-HD;- and (I) The parkway is planted with street trees and ether materials iR accord with subseetien 11 3B ZC, "Standards", ef this chapter; o /'71 Th...,-,.-L,., �., .,r-,�..� .,I-, .. r.,.- he ds which meet the f.,ll.,. .,�.... r ..rte• Al I-,WR At f.,.- n more than fifty .,t (50,%) .,f .,-,.-I...,-.., .'... p (B) Massed shr,---h--; y.gh'r–h at mawFity pFevidewertieal relief hetwPPR PAOROMI 'M Af RAP feet aAd m;;wk:R- -rn Af three feet (3') height, GeveF 0 at least tweRty five peiceeRt d St R as (G) PlanteF beds must meet FAwlehiRg and vegetatien eeve- -b- . —1— —K�nts listed uindeF suibseetmens 11 3B SH and N ef this ehapteF. 67. Stormwater Detention Facilities: Stormwater detention facilities when designed in accord with section 11-313-11, "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. 79. 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. 05/13/2019 15 11-31-1-3 Variance process Legal has determined that variance may not be required for Council to 11-31-1-3: PROCESS: approve an access to State highways per State Statue. This Staff shall review all development applications for compliance with these standards. The City Council der; ;en makiRg hod„ may consider and approve modification to the UDC is being requested by the City Attorney's y modifications to the standards of this article upon specific recommendation of the Idaho transportation department or if strict adherence is not office. Added this language based on feedback from the public feasible, as determined by City Council. hearing. 11-4-3-14 Education Institution Add specific criteria for parking. 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. 11-4-3-27(B)(1) Site Design Recently, there have been some conflicts between the setbacks in the B. Site Design: UDC and the building code. This change is needed to make it clear that 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. the IBC has different ways of governing building separation on a Building setbacks shall take into account windows, entrances, porches and patios, and how they impact adjacent properties. property. 11-4 Indoor Shooting Range The City has approved one such facility in the Gramercy development. 11-4-3-47: INDOOR SHOOTING RANGE: This has caused issues for code enforcement and other sections of city 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 code. This use is currently defined as an indoor rec facility. Added this language based on feedback from the public hearing. 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. C. 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. 11-4 Restaurant Add specific uses standards for a restaurant, specifically to address 11-4-3-48: RESTAURANT parking. A. Parking: 1. At a minimum, one parking space shall be provided for every two and fifty (250) square feet of gross floor area. 2. 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. 11-5A-6(G)(5) Public hearing Extend the time period when the Commission has to forward its 5. The decision making body (see section 11-5A-21 table 11-5A-2 of this article) action shall be made within seventy (70) days after receiving all recommendation to Council. Need to make more consistent with this information to make a decision or seventy (70) days from the last meeting where the apphEation is considered Of additional information is not need section of code. For applications where the commission is acting as a recommending body, the commission shall forward its recommendation to the council within 9 „ seventy forty five (4k70) days. 11-5A-8(B) Fees Remove the request for fee waiver from code. 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: NotwithstandiRg any of the pFeeeding fee sEhedules, the city council shall have the authority to waive whole OF part any ur applicatieR fee �.A.fhp.n. r- -h a fee would pFeseRt a hardship. An applicaRt for a hardship waiver must preseRt the request on writing to the city coun I Y. tliniRg the degree of such haF dship E: 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. 11-5B-4(B) Variances Remove the access to state highways section from the applicability A. Purpose: The purpose of this section is to establish procedures for modification from the bulk and placement requirements of this title. section based on recommendation from Legal. State statutes do not specify access to state highways as part of a variance process; may be 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 in violation. 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 pl-.c.,rr eRt and /„r ^„^,h„r .,f access ^^'^+S to state highways. If a means of alternative compliance is available, it should be exhausted before applying for a variance. 05/13/2019 16 Table 11-513-5 Alternative compliance Clean-up item to include noise abatement standards in UDC 11-3H- B. Applicability: 4(D) are eligible for alternative compliance. 1. This process is intended to replace specific requirements as set forth throughout this title as follows: (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) 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 11-26-3 Height maximum in industrial districts 11-2C-3 Height maximum in TN -C district �1-2D-5 Landscape buffer for wireless communication facilities 11-4-3-43E Landscape requirements 11-313 Landscaping for base of freestanding sign 11-3D-8 Lighting standards for pathway along State Highway 55 11-31-1-40 Outdoor lighting requirements 11-3A-11 Multi -family private usable open space standards 11-4-3-27133 Noise abatement standards [11-31-1-41D Parking and loading plan requirements F11 -3C-5 Parking requirements 11-3C-6 I Private street standards 11-3F-4 Projecting sign allowance 11 -3D -8E and F Sign location in the 0-T district 11-3D-5 Structure and site design review standards 5_1,3A-19 05/13/2019 17