Loading...
HomeMy WebLinkAboutZ - 24-2062 UDC Amendment CITY OF MERIDIAN ORDINANCE NO. 24-2062 BY THE CITY COUNCIL: CAVENER,LITTLE ROBERTS, OVERTON, STRADER, TAYLOR,WHITLOCK AN ORDINANCE AMENDING UNIFIED DEVELOPMENT CODE SECTION 11-1-8, CONCERNING PRESERVATION OF PRIVATE PROPERTY RIGHTS; AMENDING UNIFIED DEVELOPMENT CODE SECTION 11-1A-1, CONCERNING ADDING NEW DEFINITIONS; AMENDING UNIFIED DEVELOPMENT CODE SECTION 11-2A-2, TABLE 11-2A-2, CONCERNING MANUFACTURED HOMES WITHIN A RESIDENTIAL DISTRICT; AMENDING UNIFIED DEVELOPMENT CODE SECTION 11-2A-4, TABLE 11-2A-4, CONCERNING DIMENSIONAL STANDARDS FOR THE R-2 DISTRICT; AMENDING UNIFIED DEVELOPMENT CODE SECTION 11-2A-5, TABLE 11-2A-5, CONCERNING DIMENSIONAL STANDARDS FOR THE R-4 DISTRICT; AMENDING UNIFIED DEVELOPMENT CODE SECTION 11-2B-2, TABLE 11-2B-2, CONCERNING ALLOWED USES IN COMMERCIAL DISTRICTS; AMENDING UNIFIED DEVELOPMENT CODE SECTION 11-2C-2, TABLE 11-2C-2, CONCERNING ALLOWED USES IN INDUSTRIAL DISTRICTS; AMENDING UNIFIED DEVELOPMENT CODE SECTION 11-2D-2, TABLE 11-2D-2, CONCERNING ALLOWED USES IN TRADITIONAL NEIGHBORHOOD DISTRICTS; AMENDING UNIFIED DEVELOPMENT CODE SECTION 11-3C-6, TABLE 11-3C-6, CONCERNING DIMENSIONAL STANDARDS FOR CARPORTS FOR RESIDENTIAL USE; AMENDING UNIFIED DEVELOPMENT CODE SECTION 11-4-3-9, CONCERNING DAYCARE FACILITIES; ADDING UNIFIED DEVELOPMENT CODE SECTION 11-4-3-51, CONCERNING FOOD TRUCK COURT SPECIFIC USE STANDARDS; ADDING UNIFIED DEVELOPMENT CODE SECTION 11- 4-3-52, CONCERNING FOOD TRUCK SPECIFIC USE STANDARDS; AMENDING UNIFIED DEVELOPMENT CODE SECTION 11-5A-6(D)(4), CONCERNING PROOF OF POSTING; 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. NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Unified Development Code section 11-1-8 be amended as follows: 11-1-8. - Preservation of private property rights. A. This title shall be interpreted to equally protect citizens from the undue encroachment on their private property by their neighbors'uses of their private property and equally protect each citizen's right to use of their property without creating undue burden upon their neighbors. OCTOBER 2024 UPDATE UNIFIED DEVELOPMENT CODE REVISION ORDINANCE-ZOA 2024-0001 PAGE 1 OF 18 B. in the administr-ation of this title, evefy per-son shall be secuft in their-. . 1, —d fie employee of the Gity shall enter-"on, 4westigate, or- sear-eh any of the premises of any eitizen without the eonsent of such eitizen or-order-issued by a eotut of proper-jtir-isdie by their agent before the Council in the pFopeF eFder of business to appeal a deeisiont. pert to the pr-oee"r-eseont[it ed in ehapter- , "administration", oft Y1TC�i+I D. in the enfomement of this title, it shall be deemed to apply equally to each eitizen eaeh property in similar-eir-eumstanees, and shall not be enfor-eed to diser-ifninate between Section 2. That Unified Development Code section 11-1A-1 be amended as follows: Add the following new definition: Bedroom. A bedroom is a room used for sleeping that has a floor area of not less than seventy(70) square feet, not less than seven(7) feet in ceiling height,provides one means of egress and a closet as defined by the currently adopted international residential code. Add the following new definition: Food truck court. Food truck court is an area that consists of two (2) or more food trucks on aapermanent site with designated stalls. Add the following new definition: Food truck. A commercial or retail establishment or enterprise that operates from a readily movable wheeled or towed vehicle or cart; and from which the operator stores, prepares, sells, displays, serves, or offers for sale or iveaway, food and/or beverages, which remains in any three hundred(300)square foot area for more than two (2) consecutive hours within an.. try-four-hour period. OCTOBER 2024 UPDATE UNIFIED DEVELOPMENT CODE REVISION ORDINANCE-ZOA 2024-0001 PAGE 2 OF 18 Section 3. That Unified Development Code section 11-2A-2, Table 11-2A-2 (including the accompanying notes), 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 Arts, entertainment or recreation facility, - - C C C outdoors' Cemetery' - C C C C Church or place of religious worship' - - C C C Civic, social or fraternal organizations' - - C C C Daycare Center' - C C P P Daycare, family' A A A A C Daycare, group' - C C P P Direct sales' A A A A A Dwelling, secondary' A A A A A Dwelling, single-family attached - C P P P Dwelling, single-family detached P P P P A/C Dwelling,townhouse - C P P C Dwelling,two-family - C P P C duplex Education institution, private' - C C C C OCTOBER 2024 UPDATE UNIFIED DEVELOPMENT CODE REVISION ORDINANCE—ZOA 2024-0001 PAGE 3 OF 18 Use R-2 R-4 R-8 R-15 R-40 Education institution, - C C P/C P/C public' Home,manufactured or mobile subdivision - - C C C Home occupation, accessory use' A A A A A Laundromat' - - - A A/C Live/work residential project' - - - C C Manufactured home - - - C - park Manufactured homes P P P P A/C outside of manufactured home parks'. Multifamily - - - C C development',' Nursing or residential - - C C C care facility' Parking facility - - - - C Parks,public and private P P P P P Personal service - - - - A Professional service - - - - A Public,infrastructure C C C C C Public or quasi-public - - C C C use' Public utility,minor P P P P P Recreational vehicle - - - - C park OCTOBER 2024 UPDATE UNIFIED DEVELOPMENT CODE REVISION ORDINANCE-ZOA 2024-0001 PAGE 4 OF 18 Use R-2 R-4 R-8 R-15 R-40 Restaurant' - - - - A Self-service storage - - - C C facility,residential' Storage facility, outside' A A A A A Storage facility, self- A A A A A service' Vertically integrated - - - C C residential project' Wireless communication P/C P/C P/C P/C P/C facility' Wireless communication A/C A/C A/C A/C A/C facility, amateur radio antenna' Notes: I- Indicates uses that are subject to specific use standards in accord with chapter 4 of this title. 2.Multifamily 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 section 11-4-3-21 of this title. 4. A manufactured home located outside of a manufactured home park shall be subject to the standards and requirements set forth in this title for single-family detached dwellings. Section 4. That Unified Development Code section 11-2A-4, Table 11-2A-4, be amended as follows: TABLE 11-2A-4 DIMENSIONAL STANDARDS FOR THE R-2 DISTRICT R-2 Standard Requirement Minimum property size/dwelling unit(in square feet) 12,000 Minimum street frontage(in feet) 80 Rear setback(in feet) 15 Interior side setback(in feet) 7.5/story OCTOBER 2024 UPDATE UNIFIED DEVELOPMENT CODE REVISION ORDINANCE—ZOA 2024-0001 PAGE 5 OF 18 R-2 Standard Requirement Street setback' (in feet) Local 20 Collector 25 Street landscape buffer'(in feet) Collector 20 Arterial 25 Entryway corridor 35 Interstate 50 Maximum building height(in feet) 35 Minimum living afea(in s"afe feet) 11-500 Minimum ground floof area for-multi story units (in squai-7e feet) "o Section 5. That Unified Development Code section 11-2A-5, Table 11-2A-5,be amended as follows: TABLE 11-2A-5 DIMENSIONAL STANDARDS FOR THE R-4 DISTRICT R-4 Standard Requirement Minimum property size/dwelling unit(in square feet) 8,000 Minimum street frontage(in feet) 60 Rear setback(in feet) 15 Interior side setback(in feet) 5 Street setback' to front loaded garage(in feet): Local 20 Collector 25 OCTOBER 2024 UPDATE UNIFIED DEVELOPMENT CODE REVISION ORDINANCE—ZOA 2024-0001 PAGE 6 OF 18 R-4 Standard Requirement Street setback' to living area and/or side loaded garage(in feet): Local 15 Collector 25 Street landscape buffer'(in feet): Collector 20 Arterial 25 Entryway corridor 35 Interstate 50 Maximum building height(in feet) 35 Minimum living area(ift square feet): r`nctcaekea 4-4W Attaehe 8.00 Minimum gfound floof afea f6f multi stofy tinits (in square feet) 800 Section 6. That Unified Development Code section 11-2B-2, Table 11-2B-2, be amended as follows: TABLE 11-213-2 ALLOWED USES IN THE COMMERCIAL DISTRICTS Use C-N C-C C-G L-O M-E H-E Animal care facility' P P P C C - Artist studio' P P P - - - Arts, entertainment or P P P C - - recreation facility, indoor' Arts, entertainment or C P P - - - recreation facility, outdoor' Arts, entertainment or - C C - - - recreation facility, outdoor stage or music venue Building material, garden C P P - - - equipment and supplies' OCTOBER 2024 UPDATE UNIFIED DEVELOPMENT CODE REVISION ORDINANCE—ZOA 2024-0001 PAGE 7 OF 18 Use C-N C-C C-G L-O M-E H-E Cemetery' - - - C - - Church or place of P P P P C C religious worship' Civic, social or fraternal C C C C - - organizations' Conference center - - P - C P Daycare center' A/C A/C A/C P A/C A/C Daycare, family' A A A A - - Daycare, group' P P A P C C Dispatch center for C C P C C - mobile services' Drinking establishment' C C C - - C Drive-through A/C A/C A/C - - - establishment' Education institution, P P P P P P private' Education institution, P P P P P P public' Equipment rental, sales, - C C - -and service' Financial institution' P P P P P A Flex space' - P P - P - Food and beverage P/C P/C P/C - P/C P/C products processing; minor' Food truck court' P P P P P P Food truck' A A A A A A Fuel sales facility' C P P - - C OCTOBER 2024 UPDATE UNIFIED DEVELOPMENT CODE REVISION ORDINANCE-ZOA 2024-0001 PAGE 8 OF 18 Use C-N C-C C-G L-O M-E H-E Fuel sales facility, truck - - C - - - stop' Healthcare or social P P P P P P services Home occupation, A A - - - accessory usel Hospital' - C C C C P Hotel and motel' P/C P/C P/C - C P Indoor shooting range - - - - C - Industry, information' P P P C P P Industry, light' - - C C P C Laundromat' P P P C - - Laundry and dry cleaning P P P - - A Live/work residential P P C C -project' Mortuary C P P - - - Multifamily - C C - - - development' Nursery or urban farm' C P P C - - Nursing or residential C C C C - - care facility' Parking facility C C P C C P Parks,public and private P P P P P P Personal service P P P P A A Professional service P P P P P P Public, infrastructure' C C C C C C Public or quasi-public P P P P P P use' OCTOBER 2024 UPDATE UNIFIED DEVELOPMENT CODE REVISION ORDINANCE-ZOA 2024-0001 PAGE 9 OF 18 Use C-N C-C C-G L-O M-E H-E Public utility, minor P P P P P P Recreational vehicle park - - P - - - Research and - - P - P P development facility Restaurant' P P P C A A Retail sales P P P - A A Retail store P P P - A A Retail store, wine and P P P - - A beer sales and servings' Storage facility, outside' A A A - - - Storage facility, self- - C C - - - service' Vehicle repair, minor' A P P - - - Vehicle sales or rental - C P - - - and service' Vehicle washing facility' C P P - - A Vertically integrated C P P C - - residential project' Warehouse' - - A - A/C - Wholesale sales - - A - - - Wireless communication P/C P/C P/C P/C P/C P/C facility' Wireless communication A/C A/C A/C A/C A/C A/C facility, amateur radio antenna' OCTOBER 2024 UPDATE UNIFIED DEVELOPMENT CODE REVISION ORDINANCE-ZOA 2024-0001 PAGE 10 OF 18 Section 7. That Unified Development Code section 11-2C-2, Table 11-2C-2,be amended as follows: TABLE 11-2C-2 ALLOWED USES IN THE INDUSTRIAL DISTRICTS Use I-L I-H Animal care facility' P - Artist studio' P P Arts, entertainment or recreation facility, indoors' C - Arts, entertainment or recreation facility, outdoor stage or music venue C - Arts, entertainment or recreation facility, outdoors' C - Building material, garden equipment and supplies' A A Cemetery' C - Church or place of religious worship' C C Contractor's yard' P P Daycare center' A - Daycare, group' A - Dispatch center for mobile services' P - Drive-through establishment' A - Dwelling, single-family detached A - Entertainment establishment, adult' C - Equipment rental, sales, and service' P P Financial institution' A - Flex space' P P Food and beverage products processing; major' P P Food and beverage products processing; minor P/C - Food truck court' P P Food truck' A A Fuel sales facility' A/C A/C Fuel sales facility,truck stop' C C Indoor shooting range' P C Industry,heavy' - P/C OCTOBER 2024 UPDATE UNIFIED DEVELOPMENT CODE REVISION ORDINANCE—ZOA 2024-0001 PAGE 11 OF 18 Industry,information' P - Industry, light' P P Laundry and dry cleaning P P Mortuary P - Nursery or urban farm' C - Parking facility P P Parks,public and private C C Personal service A - Professional service A - Public, infrastructure' P P Public or quasi-public use' C C Public utility,major' P P Public utility,minor P P Public utility,transmission lines P P Recreational vehicle park C - Recycling center' P/C P/C Restaurant' A A Retail store A A Solid waste transfer station C P/C Storage facility, outside' P P Storage facility, self-service' P P Terminal, freight or truck' P P Vehicle impound yard' P P Vehicle repair,major' P P Vehicle repair,minor' P P Vehicle sales or rental and service' P - Vehicle washing facility' A/C A Vehicle wrecking or junk yard' - P Warehouse' P P OCTOBER 2024 UPDATE UNIFIED DEVELOPMENT CODE REVISION ORDINANCE-ZOA 2024-0001 PAGE 12 OF 18 Wholesale sales P P Wireless communication facility' P/C P/C Wireless communication facility, amateur radio antenna' A/C A/C Section 8. That Unified Development Code section 11-2D-2, Table 11-2D-2, be amended as follows: TABLE 11-2D-2 ALLOWED USES IN THE TRADITIONAL NEIGHBORHOOD DISTRICTS Use O-T TN-C TN-R Artist studio' P P - Arts, entertainment or recreation facility, indoors' P C - Arts, entertainment or recreation facility, outdoor stage or C C - music venue Arts, entertainment or recreation facility, outdoors' C C - Building material, garden equipment and supplies' C C - Church or place of religious worship' P P C Civic, social or fraternal organizations' P C C Conference center P - - Daycare center' C C C Daycare, family' A A A Daycare, group' P P C Drinking establishment' C C - Drive-through establishment C - - Dwelling, secondary' A A A Dwelling, single-family attached P P P Dwelling, single-family detached P C P Dwelling,townhouse P P P Dwelling,two-family duplex P C P OCTOBER 2024 UPDATE UNIFIED DEVELOPMENT CODE REVISION ORDINANCE—ZOA 2024-0001 PAGE 13 OF 18 Education institution,private' P C C Education institution,public' P P P/C Financial institution' P P C Food and beverage products processing; minor' P/C P/C - Food truck court' P P P Food truck' A A A Healthcare or social services P P - Home occupation, accessory use' A A A Hospital' C - - Hotel and motel' P/C C - Industry,information' P/C P/C - Industry,light' C - - Laundromat' P P A Laundry and dry cleaning P P P Live/work residential project' P P P Mortuary C C - Multifamily development' P P P Nursing or residential care facility' C C C Parking facility C C - Parks,public and private P P P Personal service P P C Professional service P P C Public,infrastructure' C C C Public or quasi-public use' P P C Public utility,minor C P P OCTOBER 2024 UPDATE UNIFIED DEVELOPMENT CODE REVISION ORDINANCE—ZOA 2024-0001 PAGE 14 OF 18 Restaurant' P P - Retail store P P - Retail store,wine and beer sales and servings' P P - Vehicle repair,minor' A - - Vertically integrated residential project' P P P Wireless communication facility' P/C P/C P/C Wireless communication facility, amateur radio antenna' A/C A/C A/C Section 9. That Unified Development Code section 11-3C-6, Table 11-3C-6, Note 1, be amended as follows: Notes: I The size of the garage required for dwelling units shall be measured by exterior dimensions and shall be at least ten(10) feet by twenty(20) feet for a one-space garage and 20 feet by 20 feet for a two-space garage. The minimum size of a carport that covers a parking stall shall be at least nine (9) feet by seventeen (17) feet. All other required parking shall meet the required stall and drive aisle dimensions in UDC Table 11-3C-5. Section 10. That Unified Development Code section 11-4-3-9 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„'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. 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 occupancy. 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 6:00 a.m. and 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 OCTOBER 2024 UPDATE UNIFIED DEVELOPMENT CODE REVISION ORDINANCE-ZOA 2024-0001 PAGE 15 OF 18 11-5A-4.13 of this title. Notice of the neighborhood meeting shall be provided to all property owners of record within one hundred(100) feet of the exterior boundary of the subject property. Section 11. That Unified Development Code section 11-4-3-51 be added as follows: 11-4-3-51 - Food truck court A. If abutting a residential district, hours of operation shall be limited from 6:00 a.m. to 11:00 P.M. B. Food trucks shall have a clean appearance at all times. C. The food truck operator shall obtain any and all applicable licenses, permits, certifications, and inspections from the Central District Health Department and the City of Meridian Fire Department prior to operating on the site. D. Each food truck must have access to all utilities necessar to operate the unit. E. The site must have permanent restrooms. Portable restrooms are prohibited. F. The site must have a designated indoor or outdoor seating G. Two (2)parking spaces shall be provided for each food truck. H. The property owner must provide trash receptacles and waste removal adjacent to each tenant. On site dumpsters shall be screened in accordance with section 11-3A- 12 of this title. I. Mobile structures, such as sheds, are prohibited. Section 12. That Unified Development Code section 11-4-3-52 be added as follows: 11-4-3-52—Food truck A. The site plan for the primary business shall include a defined food truck location. B. Hours of operation shall be limited to the hours of the primary business. C. The food truck shall maintain a clean appearance at all times and have exterior colors compatible with the primary business. D. The food truck operator shall obtain any and all applicable licenses, permits, certifications, and inspections from the Central District Health Department and the City of Meridian Fire Department prior to operating on the site. E. The food truck must have access to all utilities necessar to operate the unit. F. The food truck operator must have access to the public restroom facilities of the primary business. Portable restrooms are prohibited. G. The property owner must provide trash receptacles and waste removal for the operator. H. The food truck is prohibited in the required landscape buffers. I. The food truck shall not reduce the number of required off street parking spaces for the primary business. Section 13. That Unified Development Code section 11-5A-6(D)(4) be amended as follows: 4. Proof ofposting. A notar-ized statement certificate of sign posting, map depicting the location(s) of the sign(s) and a photographLss,)of the posting shall be provided to the city no later than seven(7) days prior to the public hearing a4tesfing-to certifying where and when OCTOBER 2024 UPDATE UNIFIED DEVELOPMENT CODE REVISION ORDINANCE-ZOA 2024-0001 PAGE 16 OF 18 the sign(s)were posted. Unless certificate is received by such date, the hearing will be continued. Section 14. That all other provisions of the Unified Development Code remain unchanged. Section 15. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this 8th day of October, 2024. APPROVED by the Mayor of the City of Meridian, Idaho, this 8th day of October, 2024. APPROVED: ATTEST: Robert E. Simison, Mayor Chris Johnson, City Clerk OCTOBER 2024 UPDATE UNIFIED DEVELOPMENT CODE REVISION ORDINANCE-ZOA 2024-0001 PAGE 17 OF 18 i CERTIFICATION OF SUMMARY: William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice to the public. 1 William L.M. Na y SUMMARY OF CITY OF MERIDIAN ORDINANCE NO. 24-2062 An ordinance amending Unified Development Code section 11-1-8, concerning preservation of private property rights; amending Unified Development Code section 11-1A-1, concerning adding new definitions; amending Unified Development Code section 11-2A-2, table 11-2A-2, concerning manufactured homes within a residential district; amending Unified Development Code section 11- 2A-4, table 11-2A-4, concerning dimensional standards for the R-2 district; amending Unified Development Code section 11-2A-5, table 11-2A-5, concerning dimensional standards for the R-4 district; amending Unified Development Code section 11-213-2, table 11-213-2, concerning allowed uses in commercial districts; amending Unified Development Code section 11-2C-2, table 11-2C-2, concerning allowed uses in industrial districts; amending Unified Development Code section 11-2D- 2, table 11-2D-2, concerning allowed uses in traditional neighborhood districts; amending Unified Development Code section 11-3C-6, table 11-3C-6, concerning dimensional standards for carports for residential use; amending Unified Development Code section 11-4-3-9, concerning daycare facilities; adding Unified Development Code section 11-4-3-51, concerning food truck court specific use standards; adding Unified Development Code section 11-4-3-52, concerning food truck specific use standards; amending Unified Development Code section 11-5a-6(D)(4), concerning proof of posting. This ordinance is effective upon publication. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. OCTOBER 2024 UPDATE UNIFIED DEVELOPMENT CODE REVISION ORDINANCE-ZOA 2024-0001 PAGE 18 OF 18