HomeMy WebLinkAboutCC - Updated Table with Sign Code Changes Removed Proposed UDC Text
Amendments
UDC Section Topic Reason for Change Proposed Change
Table 11-2A-2 Allowed use table in the Allow family daycares in the R-2
residential districts zoning district.
Use R-2 R-4 R-4 R-8 R-15 FR-40
Daycare, family' -A A A A A C
11-213-3A.3 Standards City is receiving more requests for 3. Maximum height limit.
height exceptions in certain
locations. This is adding a new a. The maximum height limitations shall not apply to the following architectural features not intended
provision to the code to allow for human occupation. steeple, belfry, cupola, chimney. Such architectural features shall have a
taller buildings in appropriate maximum height limit of twenty (20) feet as measured from the roofline.
locations.
b. The maximum height limitations shall not apply to the following: spire; amateur radio antenna;
bridge tower; fire and hose tower; observation tower; power line tower; smokestack; water tank or
tower; ventilator; windmill; wireless communication facility, or other commercial or personal tower
and/or antenna structure; or other appurtenances usually required to be placed above the level of the
ground and not intended for human occupancy. -
c. No exception shall be allowed to the height limit where the height of any structures will constitute a
hazard to the safe landing and takeoff of aircraft in an established airport.
d.Additional height not to exceed twenty (20) percent of the maximum height allowed for the district
may be approved by the Director through the alternative compliance procedures set forth in chapter 5,
"administration", of this title.Additional height shall be allowed when the development provides ten
(10) percent of the building square feet in open space, courtyards, patios, or other usable outdoor
space available for the employees and/or patrons of the structure, excluding required setbacks and
landscape buffers.
e.Additional height exceeding twenty (20) percent of the maximum height allowed for the district or
when additional height is requested without providing the required open space in accord with
subsection (A)(3)d of this section requires approval through a conditional use permit.
f.A maximum building height of one hundred 100 feet shall be allowed for properties that are within
seven hundred fifty 750 feet of I-84 right of way in the C-C, C-G M-E. and H-E zoning districts see
Figure 1 below
DATE: 09/12/2023 1
Figure 1: 100-foot Height Allowance Buffer Adjacent to I-84 Right of Way
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11-3A-3A Access to streets A property owner can't grant an A. The following standards shall apply to any use and/or property that takes direct access to an arterial
easement to themselves if they and/or collector roadway. Prior to any new, expanded, or extended use or development of the
own multiple properties sharing property:
access. Legal has advised Planning
that the best way to ensure cross 1.Where access to a local street is available,the applicant shall reconfigure the site circulation plan to
access is granted in this scenario take access from such local street.
is through the platting process.
Therefore, staff is clarifying this 2.Where access to a local street is not available, the property owner shall be required to grant cross-
section of code to include access/ingress-egress easements to adjoining properties, either by recorded easement or as a note on
additional language that requires a recorded final plat. This standard is intended to apply primarily to nonresidential properties, but
the dedication through a plat may extend to residential properties where the use is anticipated to change to a nonresidential use.
note. There may be instances
when a property is not platting 3.All subdivisions must provide local street access to any use that currently takes direct access from
and therefore cross access can an arterial or collector street.
still be dedicated by a recorded
easement.
Table 11-3C-6 Required parking spaces Modify footnote 1 to allow
for residential use (MF) parking stall dimensions with Notes:
carports to meet the required stall 1 The size of the garage eet required for dwelling units shall be measured by exterior
and drive aisle dimensions in UDC dimensions and shall be at least ten (10) feet by twenty (20) feet for a one-space garage erect
Table 11-3C-5. and 20 feet by 20 feet for a two-space garage or- car-por- .All other other required parking shall meet the
required stall and drive aisle dimensions in UDC Table 11-3C-5stall and drive aisle dimensions in UDC Table 11-3C-5.
DATE: 09/12/2023 2
11-4-3-2 Arts, entertainment or Require a conditional use permit A. General standards.
recreational facility, for outdoor lighting
indoors or outdoors 1.All outdoor recreation areas and structures that are not fully enclosed shall maintain a minimum
setback of one hundred (100) feet from any abutting residential districts. The playing areas of golf
courses, including golf tees, fairways, and greens, are an exception to this standard.
2. No outdoor event or activity center shall be located within fifty (50) feet of any property line and
shall operate only between the hours of 6:00 a.m. and 11:00 p.m.
3.Accessory uses including, but not limited to, retail, equipment rental, restaurant and drinking
establishments, may be allowed if designed to serve patrons of the use only.
4. Outdoor speaker systems shall comply with section 11-3A-13, "outdoor speaker systems", of this
title.
B.Additional standards for swimming pools. Any outdoor swimming pool shall be completely enclosed
within a six-foot nonscalable fence that meets the requirements of the building code in accord
with title 10, chapter 1, of this Code.
C.Additional standards for outdoor stage or musical venue. Any use with a capacity of one hundred
(100) seats or more or within one thousand (1,000) feet of a residence or a residential district shall be
subject to approval of a conditional use permit.
D. Outdoor lighting, including lighted fields designed for the site shall comply with section 11-3A-11
11outdoor lighting", of this title. These standards may be modified through the approval of a conditional
use permit.
11-4-3-10 Drinking establishment Clarifying this section of code for A. The facility shall comply with all Idaho Code regulations regarding the sale, manufacturing, or
consistency with State Statute. distribution of alcoholic beverages.
B.T4,e-If a dl3rinking establishments or expansion of such useshall n^*«is located within three
hundred (300) feet of a property used for a church or any other place of worship, or any public or
private education institution, it may be allowed with the approval of the decision-making body set
forth in Chapter 5 of this title.nor-shall the dFinkin establishment be locate' within one thousand
1000) feet of an adult enteFtaiameat L 1
that this limitation shall not apply to
any duly licensed pFenn-i-se-s th-at-at the t-Ame of heensing did- Pet come within the Festrieted- -;,Fea but
subsequent to licensing came theFeia; the expansion of an existing establishment may be allowed Nvith
C. n^r ch-a" th A drinking establishment shall not be located within one thousand (1,000) feet of an
adult entertainment establishment as defined in Chapter 1 Article A. "definitions" of this Title; For-
1 no outside activity or- event site,all allowed on the
except in accord with ehapteF 1 aFtiele 1 "temporary H ,
of this title.
D. For properties abutting a residential district, no outside activity or event shall be allowed on the site,
except in accord with chapter 3 article E. "temporary use requirements", of this title.
DATE: 09/12/2023 3
11-4-3-27B.1 Minimum building setback Need to clarify applicability of the B. Site design
building setbacks for the
residential buildings. 1. Residential-9buildings shall provide a minimum setback of ten (10) feet 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.
11-4-3-27C.3b Alternative Compliance to This is a clean-up item -the 3.Alternative compliance is available for the standards listed in subsections (Q1 and(Q2 above,if a project has a unique
open space standards for alternative compliance is in the ar eted demographic:utilizes otherplace-making design elements in Old-Town or mixed-use future land use designations
multi-family developments wrong section; it applies to with collectively integrated and shared open s ace areas.All multi family Projects over twenty(20)units shall P id at
subsection CA and C.2. It should be east one (1) common gFassy aFea inteffated into the site Elesign allowing fOF geneFal activities by all ages.This area may be
a separate # (3). ne!uded in the miaimum f:equif:ed open spaee total.PFajeets that pf:9vide safe ac-eess to adjaeent publie parks of:parks
DATE: 09/12/2023 4
11-4-3-41 Vertically integrated Clean-up item for this section code-A.A vertically integrated residential project shall be a structure that contains at least two (2) stories.
residential project
B.A minimum of twenty-five (25) percent of the gross floor area of a vertically integrated project shall
be residential dwelling units, outdoor patio space on the same floor as a residential unit may count
towards this requirement.
C.A minimum of ten (10) percent of the gross floor area of a vertically integrated project shall be used
for nonresidential uses as specified in subsection E below.
D. The minimum building footprint for a detached vertically integrated residential project shall be two
thousand four hundred (2,400) square feet.
E. The allowed nonresidential uses in a vertically integrated project include: arts, entertainment or
recreation facility; artist studio; civic, social or fraternal organizations; daycare facility; drinking
establishment; education institution; financial institution; healthcare or social assistance; industry,
craftsman; laundromat; nursing or residential care facility; personal or professional service; public or
quasi-public use; restaurant; retail; or other uses that may be considered through the conditional use
permit process.
F. None of the required parking shall be located in the front of the structure.
G.A minimum of fifty (50) square feet of private, usable open space shall be provided for each
residential dwelling unit. This requirement can be satisfied through porches, patios, decks, and/or
enclosed yards. Landscaping, entryway and other accessways shall not count toward this requirement.
in circumstances where str-iet adheFence to such standard Nyould eFeate inconsistency with the
puFpose statements of this seetioii7 tThe Director may consider an alternative design proposal through
the alternative compliance provisions as set forth in Section 11-5B-5 of this Title.
DATE: 09/12/2023 5
11-5A-3(F) Administrative process Legal requested the change for
consistency with state statutes. F. Request for City Council review. The City Council maybe asked to review any decision of the
Director or the commission by an applicant, any paFty of a Feceraaffected person, or a City Council
member through the provisions set forth in section 11-5A-7, "City Council review process", of this
article.
11-5A-4 Administrative process Legal requested the change for A. For purposes of this section, "parties of recor- " "affected person" shall include�J the applicant,
consistency with state statutes. roperty owners of record within one hundred (100) feet of the exterior boundary of the application
roperty, and W any person who, in wFTting, speeif eally FequestSuch S tote a paFtieular-
with a bona fide interest in real property that may be affected by a land use decision
11-5A-6 Public hearing process Legal requested the change for 1. The City Council and/or Planning and Zoning Commission shall conduct the public hearing in accord
consistency with state statutes. with the procedures set forth in title 1 of this Code.
2. If the decision-making body (see section 11-5A-2,table 11-5A-2 of this article) finds that it does not
have sufficient information to make a decision, it may continue the public hearing. The decision-
DATE: 09/12/2023 6
11-5A-7 City Council review process Legal requested the change for A. Request for City Council review of a decision of the Director or the Planning and Zoning Commission
consistency with state statutes. concerning the administration of this title may be made by an applicant, the Director, or a paFty of
an affected person.
B.All requests for review shall be filed in writing with the department within fifteen (15) days after the
written decision is issued. The request shall include the following information:
1. The decision being requested for review;
2. The name and address of the person requesting the review and their interest in the matter; and
3. The specific grounds upon which the request is made.
C.All requests for review of the action of the Director or commission, shall require a de novo public
hearing before the City Council as set forth in Section 11-5A-6 of this article to reach a decision to
uphold or overrule the action.
D. By simple majority vote, the City Council may uphold or overrule the decision.
1. In the case of consideration of a decision of the Director:
a. If the action is overruled, the City Council shall issue a written decision and send the matter back
to the Director for action consistent with the City Council's decision.
b. If the action of the Director is upheld, the City Council shall issue a written decision stating the
decision and the reasons for the decision.
2. In the case of consideration of a decision of the commission, if the decision is overruled, the Council
shall issue findings consistent with the decision.
E.A request for City Council review stays all proceedings in furtherance of the action unless the
Director certifies to the Council or commission, after notice of the request is filed,that by reason of
facts stated in the application, a stay would in the Director's opinion cause imminent peril to life and
DATE: 09/12/2023 7
11-513-5 Table 11-513-5 Clean-up item to align with the Structure and site design review standards 11-3A-19
specific use standards in Chapter
4.Added this to the table in Vertically integrated residential project private usable open space standards 11-4-3-41G
Chapter 5.
11-513-5E Required findings Other decision-making bodies E. Required Findings. In order to grant approval for an alternative compliance application,the rimer
need to be added based on a decision-making body shall determine the following:
previous change to UDC Table 11-
5A-2 which now allows
DATE: 09/12/2023 8
11-513-6E Findings "Council" needs to be added based E. Findings. The commission or City Council, as applicable, shall base its determination on the
on a previous change to UDC conditional use permit request upon the following:
Table 11-5A-2,which now allows
Council to be the decision-making
body on CUP'S when there is a
concurrent AZ, RZ, PP and/or PFP
application that requires Council
action.
11-6C-3D Common driveways Aligning common drive standards D. Common Driveways.
to align with the revised verbiage
in UDC 11-3A-3A above. 1. Maximum Dwelling Units Served. Common driveways shall serve a maximum of four (4) dwelling
units. In no case shall more than three (3) dwelling units be located on one (1) side of the driveway.
2.Width standards. Common driveways shall be a minimum of twenty (20) feet in width, unless a
greater width is required by the City Engineer.All common driveways shall be on a common lot.
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