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HomeMy WebLinkAboutP&Z Mtg 8/29/02In order to revise the accessory use, home occupation and childcare permitting guidelines, the following definitions will need to be modified to accommodate the proposed changes. State guidelines for childcare include three definitions similar to the City ofMeridian's, however, the state allows for up to six children in a family childcare home as opposed to five per the existing City ofMeridian defini&on. In addition to modifying the number of children to six, staffhas added language to the definition to clarify whether or not children living at home shall be included as part of the maximum number of children within a childcare facility. The current sign ordinance allows up to 8 s; f. of signage for home occupations and childcare facilities in residential zones. Staffhas made a recommendation as shown below to reduce the square footage of permissible signage to 2 square feet. The purpose of updating this ordinance is to provide additional direction and clarification for the public and staff. 11-2-2: Definitions CHILDCARE FACILITY: Any home, structure, or place where non-medical care, protection, or supervision is regulazly provided to children under fourteen (14) years of age, for periods less than twenty four (24) hours per day, while the parents or guazdians aze not on the premises. This definition of child care does not include care provided to children by or in the homes or parents, legal Guardians, grandparents, brothers, sisters, aunts, uncles or as part of the program of an educational institution regulated by the boards of education of this state. There aze three (3) types of childcaze facilities: A. Family Childcare Home: A childcare facility which provides care for f+ve siz (~} (6) or fewer children throughout the day. B. Group Childcare Home: A childcare facility which provides care for sip f G) seven (7) to twelve (12) children throughout the day. C. Childcare Center: A childcare facility which provides care for more than twelve (12) children throughout the day. It should be noted that in determining the type of childcare facility that is being operated, the total number of children cared for during the day and not the number of children at the facility at any one time is determinative. Children under the age of 8 who reside at locations used as Family Childcare Homes or Group Childcare Homes shall be included in the mazimum number of children allowed. HOME OCCUPATIONS, URBAN AND RURAL: Any gainful operation, profession or craft, which is customarily incidental to or carried on in a dwelling place, and wherein the use is cleazly incidental and secondary to the use of the structure for dwelling purposes. A home occupation shall not be construed to mean an employee, working in their own home in the service of an employer whose principal place of business is at another location within the City of Meridian or elsewhere. 11-14-10: Tables A, B -Home Occupation Wall and Window Signs need to be changed from 8~ permitted to 2 s.f. p~ z~e~+ ~1~ ~ us -~ .~, 2oc~2 2g RECEIVED AUG 15 2002 City Of Meridian City Clerk Office 11-8-1: Zoning Schedule of Use Control: Land Uses The Zoning Schedule of Use Control shall be modified in the following manner: Home Occupations within the R-4 and R-81and use districts shall be modified to include Conditional Use Permits as possibly being required. Ordinance shall be modified as follows: P-A/C . Home Occupations within the R-15 land use district shall be modified to include home occupations as accessory uses in addition to possibly requiring a Conditional use permit. The ordinance shall be modified as follows: P-A/C. 11-9-4: Accessory Use Provisions A. Accessory Use Review Process: The Zoning Administrator shall make the initial determination as to whether a building, structure or use is accessory to a principal permitted use, and may issue zoning certificates for those which are determined to be accessory and which otherwise comply with this Section. All Accessory Use Permits shall be subject to the provisions of this chapter. Meridian City Code, the Uniform Building Code. Fire Code and any other applicable regulations including those established by local, state and federal law. Accessory Determination Factors: The accessory determination shall be based upon the relationship of the building, structure or use to the principal permitted use. Specifically, it must be habitually or commonly established as reasonably incidental to the principal permitted use and located and conducted on the same premises as the principal permitted use. In determining whether it is necessary, the following factors shall be used: a. The size of the lot in question; b. The nature of the principal permitted use; c. The use made of adjacent lots; d. The actual incidence of similar use in the area; e. The potential for adverse impact on adjacent property; and f. The applicant must be the owner of the property under consideration and the user of the accessory use. 2. Family Childcare Homes And Home Occupations: Family childcare homes and home occupations may be considered to be permissible accessory uses in the R-4 and R-8 Residential Districts if they are approved after applying the following additional review procedures and the applicable accessory use standards of subsection B of this Section: 2 a. Notice of the application shall be mailed by certified return receipt mail to owners of property which abut the external lot or boundazy lines of the property under consideration. Properties across a street or alley or kitty- corner to the subject property shall be deemed abutting properties. Fifteen (15) days from the date of publication referenced in subsection Alb of this Section shall be allowed for response to said notice. b. Notice of the application shall be published in the Valley News for two (2) consecutive weeks and fifteen (15) days after first publication shall be allowed for comments. c. The applicant shall be required to pay any additional sewer, water and trash chazges or fees, if any aze required. (Ord. 496, 9-6-1988) d. The use shall be considered as a commercial use. e. Pay the fee of eighty dollars ($80.00). (Ord. 557, 10-1-1991) f. If there is an objection to the proposed use filed within the time for response, a hearing, after notice, shall be held by the Planning and Zoning Commission, which may grant or deny the application after making findings of fact. Any aggrieved party may appeal the decision to the City Council within thirty (30) days of the Commission's decision and if not so appealed the decision shall be final. (Ord. 496, 9-6-1988) g. If there aze no objections filed within the time for filing the same, the Zoning Administrator may grant the request. (Ord. 557, 10-1-1991) 3. Group Childcare Homes and Childcare Centers: Group childcare homes and childcare centers are not accessory uses and aze regulated as conditional uses. (See Chapter 17 of this Title for conditional use procedures.) 4. Transferability: Accessory Use Permits aze~Etransferable to any persons other than the original aapplicant or to locations other than that indicated on the original implication. 5. Fee Waiver for Disabled: The Planning and Zoning Director may waive certain Accessory Use Permit fees for persons with disabilities to assist them to become self sufficient. 6. Issuance of Denial of Permit: Granting of a license under the provisions of this ordinance shall not be considered or deemed a ri t and. if „granted, inures to the benefit of the ~plicant only as a privilege temporaries granted. The City reserves the right to den~any application for a permit described herein. If the Planning and Zoning Department finds that any applicant does not meet the requirements of or is disqualified under anYsection of this chapter, or if it is found that the application is deficient in any way, or any of the facts provided thereon are false or in question, the application shall be denied or revoked. ?. Appeal and Revocation Procedures. a. Any home occupation permit requested or granted pursuant to this section maybe denied, suspended or revoked by the Planning and Zoning Administrator pursuant to procedures established herein for the following: 1) Violation on the permitted premises of anv of the provisions of the chapter: or (2) Violation by the applicant or employees of any other Meridian, State, or Federal laws governing the operation of the home occupation; or (3) Applicant/permitee knowin v supplied false or misleading information when ap~lving for a home occupation permit; or the applicant withheld relevant information on any application for any_use or knowingly suffered or caused another to furnish or withhold such information on his or her behalf; or (4) The owner, employee or operator of the business has violated any of the provisions of the MCC or Development Code or the standards, qualifications or conditions required to obtain the home occupation permit or the property no lop eg r complies with the standards. qualifications or conditions necessary to obtain or maintain an accessory use permit; or (5) The applicant has failed to pay applicable property tax. sales tax. utility tax, or permit tax: or (6) Any conduct of the applicant or employees on the premises where the home occupation is conducted, where the act is a nuisance, a public nuisance. or a menace to the health, safety, peace or general welfare of the City or its inhabitants• or (7) The applicant/permitee has refused to allow authorized r_presentatives of the City to make an inspection or has interfered with such representatives while in the performance of his duty in making such inspection; or (8) The applicant is not complying with a requirement or condition set forth by the Planning and Zoning Commission or Planning and Zoning Department; or (9) The home occupation was given a recommendation for approval from the Department as a nonconforming`use and is not com~lving with any requirement or condition established therefore by_previous ordinance or conditions of approval or is in violation of subsections 1-8 above. (10) Upon good cause as indicated and requested by any_of the City County State or Federal laws or regulations required to supply consent for the home occupation permit to be issued. Grounds for denial, revocation or suspension of a home occupation include violations of any Ci ,County, State or Federal laws or regulations; or (11) Any other reason expressly provided for in this chapter. (12) The department shall give at least ten (10) days prior written notice mailed or otherwise delivered to the address listed on the application as the address where the home occupation is being conducted of the alleged violation or the manner in which the propertxno longer complies with the requirements for the home occupation, with the opportunity to correct the problem during said time. The ten (10) day notice period may be waived or reduced if there is a risk to public health, safety or welfare. Any substantial unresolved complaint, re~arding_the violation of standards qualifications or application requirements or any of the above violations, which is received and verified by the City, against any home occupation licensed under this section. will require that an~permits be revoked and the business cease to overate. B. Accessory Use Standards: 1. Accessory Buildings Standards: a. All parts of an accessory building shall be located within the lot of ownership. Where an alley has been vacated permitted uses maybe located at the center line of such alley, provided: (I) Proof of ownership is established; (2) Disclaimer by the City of any utility easements; and (3) Written disclaimer by all utility companies waiving use of the portion of alley to be improved by a structure. b. No accessory building or structure shall be constructed on any lot prior to the start of construction of the principal building to which it is accessory. c. An accessory building may be erected detached from the principal building, or it maybe connected thereto by a breezeway or similar structure. No accessory building shall be erected in any required court, or in any required yard other than a rear yard, except that where the natural grade of a lot at the front line of the principal building is such as to result in a driveway having a grade of ten percent (10%) or greater, a private garage may be erected within the front yard, but not within fifteen feet (I5') of any street line. d. No accessory building or structure shall occupy more than forty percent (40%) of the area of a required rear yard. e. If not in a rear yard, an accessory building shall be connected with the principal building to which it is accessory, and shall be so placed as to meet all yard and court requirements for a principal building including height and other dimensions. f. If located in a rear yazd, both detached and connected accessory buildings shall be subject to the requirements set forth in the following subsections: (1) The height shall not exceed fifteen feet (15'). (2) No detached accessory building shall occupy any portion of the front yard setback for a lot with a nonresidential zone, if such lot has a common lot line to another lot zoned residential. (3) Underground fallout shelters may be located within five feet (5') of any property line and shall be exempt from maximum lot coverage requirements. (4) No part of an accessory building on a corner lot located within twenty five feet (25') of an adjacent residentially zoned lot (either directly or across an alley) shall be nearer to such adjacent lot than the least depth of the existing front yard or required street side yard for a building on such adjacent lot, nor shall an accessory building project iirto the side or front yard for the principal building to which it is accessory. (5) Coverage of rear yard by accessory buildings shall not exceed twenty five percent (25%). (6) No accessory building or portion thereof located in a required rear yard shall exceed fifteen feet (15') in height. 2. Family Childcare Home Standards: It is the intent of this provision to provide for accessory family childcare homes which will not adversely impact surrounding properties due to children's noise, traffic and other activities, and which are located away from and properly screened from adverse impacts to the health, safety and welfare of the children. The following conditions shall apply: a. Secure and maintain a childcare license from the Idaho State Department of Health and Welfare, Childcare Licensing Division, if required. b. Acquire an occupancy certificate and/or building permit. c. Provide one oil street parking space per employee which may be the driveway to the home. d. Provide for child pickup area located off of arterial or collector streets. e. Provide for screening of adjacent properties to protect children from adverse impacts and to provide a buffer between properties. f. Provide for a fence of appropriate height/construction, to enclose play areas, protecting children from traffic on arterial or collector streets. Violation of any of the above conditions shall be cause to revoke a zoning certificate for a family childcare home. 0 > > > irtte~€e~enee: VVi µ11VNW LVl 411V111V ~ 11-9-5 Home Occupations A. Purpose. 1. Encourage maior business activities to be conducted in appropriate commercial zones. 2. Allow for home occupations that aze compatible with the neighborhoods in which they aze located as an accessory use. 3 To safeguard Qea a quiet and domestic tranquility within all residential neighborhoods within the City, and to protect residents from excessive noise excessive traffic, nuisance. fire hazard and other possible adverse effects of commercial uses being conducted in residential azeas. 4. Provide a means to terminate home occupations if disruption of a residential neighborhood occurs. 5. To establish a class of businesses that is permitted in the home to engage in the business of child care, and other group child activities. B. Accessory Use Permit. A home occupation shall be conducted within the Citv of Meridian only in zone districts where allowed by this Code and in compliance with the following provisions unless it has been determined to be a nonconforming usepursuant to MCC 11-4-2 Non-Conforming Buildings Structures and Uses An accessory use permit to conduct a home occupation shall be issued by the Planning and Zoning Department In order to be issued a permit, a home occupation must receive a recommendation for approval from the Department pursuant to the following provisions or as a nonconformin use. C. St~x-dazds for Approval of all Home Occupation Permits. The following standards shall be compiled within the operation of all home occupations at all times: 1. The home occupation shall be an accessory use which is clearly secondary and incidental to the primary use of the dwelling unit for residential purposes. 2. The home occupation shall not physically change or alter the external residential appearance of the principal or accessory structures. Interior alterations for the purpose of accommodating the home occupation are prohibited if such alteration eliminates either the kitchen. dining area. bathrooms, living room or all of the bedrooms. 3. The home occupation shall not involve the use of an~vazd space for storage or display o~ f supplies. inventory or equipment when such use in conjunction with the sale or production of goods or services. 4. There shall be complete conformity with fire, building, plumbing, electrical and all other Cites county. state and federal codes. 5. The home occupation shall not cause a demand for municipal community or utility services that are substantially in excess of those usually and customarily provided for residential uses. 6. The home occupation shall not be associated with or produce odor smoke dust heat, fumes. ligh~alare. color, materials, construction. lightening, sounds noises or vibrations or other nuisances. including interferences with radio and television reception or other adverse effects associated with its use as a business that maX be discernable beyond the premises or unreasonably disturb the peace and quiet of the neigh~iorhood. 7. No process can be used which is hazardous to the public health safety or welfare of the community. 8. The home occupation shall not interfere or disrupt the peace, quiet and domestic tranquility of the neighborhood by creating excessive noise excessive traffic nuisance. fire hazard. safety hazard or other adverse effects of commercial uses 9 Inspection during reasonable hours by City officials may occur as necessary to assure compliance with these regulations. 10. All vehicles, including customer, client or business-related visitor vehicles must be provided off street parking at the location wherein the home occu ation is being conducted. D. Qualifications. 1. No more than one (1) person working a maximum of twenty (20) hours per week shall be engaged, volunteer or be employed on the premises of the home occupation.. 2. Visitors. customers. vehicular traffic shall not exceed that normally and reasonably occurring for a residence in the neighborhood where the home occupation is located and shall be conducted so that the average neighbor will not be significantly impacted by its existence In no case shall the home occupation exceed two (2) vehicular customers. and/or visits per hour or six (6) per day nor deliveries or pickups exceed more than one (1 per dam 3.A. The home occupation shall not generate or exceed six (6) children associated with group child activities (e.g. dance schools. preschool, music classes child care etc.) at any one time. A maximum of 6 students/children is permitted per day. This number shall include the licensee's own children if they are under six (6) years of age and are under the care of the licensee at the time the home occupation is conducted. This restriction shall not apply to those non-income producing child care activities lsuch as bab stetting co-operatives baby sitting exchanges and informal instructional activities for preschool aged children) conducted within private residences. 3.B. All child care facilities shall be required to provide outdoor play time as required by Federal. State. County or local laws governing such business activity. 4. The home occupation may include the sale of commodities however direct sales from display shelves is not permitted at the dwelling. 5. Vehicles or equipment may not be usedprimarily for the purposes of advertising the home occupation at the site of the home occupation. Vehicles or equipment displaying such advertising should not be visible from the public ri t-of-wad 6. The home occupation may utilize one w~animated. non-illuminated flat sign, for each street upon which the dwelling fronts. The sign must be placed either in a window or on the exterior wall of the dwelling and may not have an area greater than two square feet. 7. No visitors in conjunction with the home occu ation (clients patrons students, pupils, etc.) shall be permitted between the hours of 10.00 p m and 6.00 a m 8. The home occupation shall be carried on wholly within theprincipal building_ 9. No more than twenty-five percent (25%) of the total main floor area or upper living levels of the dwelling unit, nor in the alternative more than fifty~ercent (50%) of the total floor area of any basement of the dwelling unit shall be utilized for the home occupation. E. Category I Classification: Permitted Home Occupations Home occupations conducted in conformance with all of the provisions of MCC 11-9-SD shall be required to obtain an accessory use permit pursuant to MCC F. Category II Classification (Conditional Use Permit)• Designation and Qualifications Certain types of occupations which have substantial impacts upon the residential character of the area when carried on in residential districts must be reviewed to determine if the use is appropriate and to impose reauirements and conditions necessary for the protection of adiacent properties and the public health. safety and welfare. 1. Occupations that do not meet all qualifications listed in Qualifications above but still desire to conduct a home occupation shall be required to obtain a Conditional Use Permit . Certain types of occupations which have substantial impacts upon the residential character of the area when carved on in residenial districts must be reviewed to determine if the use is appropriate and to impose requirements and conditions necessary for the protection of adjacent properties and the public health. safety and welfare. 2. The following uses are appropriate in a dwelling only if they are determined to be compatible with the neighborhood and with the public health. safety and general welfare and if conditions specific to that activity are developed after full Conditional Use review by the Planning Commission and City Council and is in compliance with MCC. a. Any child day care home occupation that is expected to generate or exceed six (6) children at any one time. 1) A maximum of twelve (12) children is permitted at any one time. (2) A maximum of ei teen (18) students/children is permitted per day. (3Z This number shall include the licensee's and any employees' children if they are under eight (8) years of age and are under the care of the licensee at the time the home occupation is conducted. (4) This restriction shall not ap~y to those non-income producing child care activities (such as baby sitting co-operaxives, baby sitting exchanges and informal instructional activities for preschool-aged children) conducted within private residences b. Anv home occupation that is expected to generate or exceed six (6) children associated with rg_ouH child activities (e.g. dance schools preschool. music classes, other care or instruction of children) at any one time other than child day care. (1) A maximum of twelve students/children generating separate vehicle trips is permitted at any one time. (2) A maximum of twen -four (24) students/children generating separate vehicle trips is permitted per day_ (3) Additional students/children who do not generate separate vehicle trips may bepermitted to a maximum of 12 students/children at any one time and four (4) sessions per dam Additional students/children will be permitted onl~the total number of students/children generating separate vehicle trips does not exceed 24 er dam S4) The total number shall include the licensee's and any employees' children if theX are under ei t 8) years of age and are under the care of the licensee at the time the home occupation is conducted. (5) This restriction shall not apply to those non-income producing child care activities (such as babxsittin,~g co-operatives baby sittin exchanges and informal instructional activities for preschool aged children) conducted within private residences. c. Repair shoes includin wg elding• car~e~,ntry~use of three or more woodworking wer equipment), sheet metal work. furniture manufacturing~u hp olstery and other such manufacturing. d. Any home occupation which proposes or conducts activities within an outbuilding accessory building, or garage outside any structure or in a swimming_pool. e. Any home occupation which will generate in excess of two (2) vehicular customers or visitors per hour or six L) per day. A maximum of twelve (12) vehicular business-associated visitors per day may be allowed under a conditional use permit. f. Any home occupation proposing to employ or employing a,person working more than twenty (20) hours per week or more than one employee (i.e. persons other than residex-ts of the dwelling unit who are engaged, volunteer,. or are employed on the premises of the home occupation). A maximum of one additional employee maybe allowed under a conditional use Hermit. g. Any home occupation which ~oposes to use or uses commercial-use vehicles in excess of one (1, ton. h. Any home occupation involving or proposing to involve food or drink preparation. storage or catering. Such a home occupation will be considered for a conditional use permit only when it is authorized by the appropriate State or County department or agency 10 i. Anv home occupation that is referred to the Planning Commission by the Planning and Zoning Department for purpose of holding a meeting for public comment and Planning Commission recommendation 2. In addition to the Conditions established by the Planning_Commission at the time of its review. all Cateaorv II Classification Home Occupations must comply with the followine: a. No Category II Classification Home Occupation sue may be established within three hundred (300) feet of another Category II home occu ation b. All Category II home occupation uses must be conducted from property with a sin le-family detached dwelling. c. All home occupations licensed under this section require an ap rn Dyed Conditional Use Permit prior to commencing business d. The Planning Commission and City Council may establish additional conditions for the Category II home occupation use to mitigate its effects on the area or for the general health. safety and welfare G. Prohibited Home Occupations (Category II12 The followin ug ses by the nature of the occupation, have a pronounced tendency once started. to rapidly increase beyond standards permitted for home occupations and therebX substantially im air the use and value of residentially-zoned areas for residential purposes. 1. Mortuaries. 2. Animal hospitals and veterinary services. 3. Clinics. dental or medical offices hospitals ~hvsical therapy or other healing arts. 4. Junk yards. 5. Commercial stables. 6. Ambulance. tow truck. or other emergency vehicle storage or repair 7. Food or drink preparation, storage or catering not permitted by appropriate State or County department or agency.. 8. Health, fitness. aerobic, jazzersize classes spa facility 9. "Boutiques" or craft shows. 10. Auto body shop. motor vehicle repair or service. 11. Anv process which requires the use of spray pai ting equipment hazardous or explosive materials. 12. Number of vehicular customers and/or visits per day exceeds twelve (12) per hour (for child care or group child activities). Twelve (12~per da~(for non-child day care or non-group child activities) or twenty four (24Zper day (for child care or group child activities). 13. Any occupation, business profession. operation. mana~mg or carryin on of a business within a residential zone which employs or proposes to employ more than two (2) erp sons (one (1) for a maximum of twen~ (20) hours per week and one (1) for a maximum of forty (40) hours per week) who will be engaged on the premises. 14. 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(Ord. 524, 4-3-90) PREFACE The following definitions are not currently included as parts of the Meridian Ciry Code; however, the majority of the uses defined below are listed on the Schedule of Use Control Some uses and definitions, such as alternative scl~ols are not mentioned in our current City Code. This is not an all inclusive list of uses and definitions that should be added to the Ciry Code but it's a start. Of special note: Automotive repair/motor vehicle repair, major & minor have been redefined separately as motor vehicle repair and motor vehicle body shop for simplification The listed uses that are struck through are not defined in the current Zoning Ordinance, and stcrff'recommends removing from the Schedule of Use Control See attached Schedule of Use Control. APPAREL MANUFACTURING: A facility that's involved in the manufacturing of articles of clothing. AUTOMOBILE WASHING FACILITY: A business primarily devoted to the washing, waxing, vacuuming and detailing of motor vehicles by either the owner of the vehicle or employees of the facility. BAKERY STORE: A place where products such as bread, cake and pastries are made and sold. BANKS AND OTHER FINANCIAL ESTABLISHMENTS: A business establishment where money is kept for savings or commercial purposes or is invested, supplied for loans or exchanged. (Excluding vehicle title loan institutions) BARS, ALCOHOLIC ESTABLISHMENTS (TAVERN): A building where alcoholic beverages are sold for consumption on the premises, not including restaurants where the principal business is serving food. BOTTLING AND PACKAGING: Bottling and packaging of food and/or drink for off-site consumption and sale. BROADCASTING, RADIO AND T.V.: An establishment dedicated to the transmission of radio or television programming for public or general use. BUS AND RAIL STATION: A facility located along a bus or rail route that provides a stop for the loading and unloading of passengers. CHURCHES: A building or part of a building primarily used for conducting religious services. CONSTRUCTION BUILDINGS, TEMPORARY: Any structure of a temporary nature containing an on site construction management office for an active construction project. Construction buildings may not be used as temporary living quarters. CONVENIENCE STORE: A small retail store that is open long hours that typically sells staple groceries, snacks and fuel. DEPARTMENT STORES: A large retail store offering a variety of merchandise and services in separate departments. ELECTRICAL SUPPLIES & APPLIANCE MANUFACTURING: A facility that manufactures electrical supplies and appliances. EQUIPMENT -HEAVY FARM, ETC. (SALES & REPAIR): Establishments primarily engaged in the sale or rental of tools, trucks, tractors, construction equipment, agricultural implements and similar industrial equipment. Included in this use type is the incidental storage, maintenance, and servicing of such equipment. FABRICATED METAL PRODUCTS: FEED, SEED AND FERTILIZER STORE: An establishment engaged in retail and wholesale sales of supplies (feed, seed and fertilizer) directly related to day to day activities. FUEL YARDS: A facility that stores mass quantities of liquefied petroleum products for wholesale purposes. FUNERAL HOME/MORTUARY: A facility in which deceased human bodies are kept and prepared for burial or cremation. INDUSTRIAL RESEARCH: Research, development and testing laboratories that do not involve the mass manufacture, fabrication, processing, or sale of products. Such uses shall not violate any odor, dust, smoke, gas, noise, radiation, vibration or similar pollution standard. LABRATORIES (MEDICAL, DENTAL & OPTICAL): A room or building equipped for scientific experimentation, research or testing. LAUNDRIES, COMMERCIAL: An establishment for laundering clothes or linen. LAUNDROMAT: A commercial establishment equipped with washing machines and dryers, usually coin operated and self-service. LEATHER PRODUCTS (EXCEPT TANNING): LIBRARY: A building, or part of a building, in which literary and artistic materials, such as books, newspapers and tapes are kept for reading, reference or lending. LUMBER YARD: An area used for the storage, distribution and sale of fmished or rough cut lumber and lumber products, but not including the manufacture or fabrication of lumber, lumber products and fire wood. MACHINE SHOP: A facility that cuts, shapes or fabricates metal products by machine. ~ MANUFACTURED HOME COMMUNITY: Any site, lot, tract, plot or parcel of land, designed for the placement often (10) or more manufactured homes, located and maintained for dwelling purposes on a permanent basis on individual lots, pads, or spaces; whether those lots, pads, or spaces be individually owned, leased or rented. MANUFACTURING: The mechanical or chemical transformation of materials or substances into new products, including the assembly of component parts, the manufacturing of products and the blending of materials. MANUFACTURING,~MANUFACTURED HOME S: The construction of any single family structure that is manufactured under the authority of 42 USC, Section 5401, the National Manufach~red Home & Safety Standards Act. M9>~ MANUFACTURED HOME PARK: Any area, tract, plot or parcel of land, developed and designed for placement of mobile homes located and maintained for dwelling purposes on a permanent or semi-permanent basis. MOLDED PLASTIC PRODUCTS: A business devoted to the fabrication of molded plastic products. MOTOR VEHICLE BODY SHOP: Any building or portion thereof used for the repair or straightening of a motor vehicle body or frame or painting of motor vehicles. Maintenance, service, and engine repair may be performed as an ancillary function of the body work. MOTOR VEHICLE REPAIR: The business of repairing, overhauling, removing, adjusting, replacing, assembling or disassembling parts of any motor vehicle. (Excluding frame straightening, body work and painting) MUSEUM: A building, place or institution devoted to the acquisition, conservation, study, and exhibition of objects having scientific, historical, or artistic value. NURSING HOME: A private establishment that provides living quarters and care for the elderly or the chronically ill. PROCESSING PLANT: PUBLIC USES: Public parks, administrative and cultural buildings, structures, but not including public land or buildings devoted solely to the storage and maintenance of equipment and materials and public service facilities. Also public owned buildings, fire and police stations, libraries, post offices and public utility administration buildings. PUBLIC UTILITY FACILITY, MAJOR: A large facility required for the operation of a utility controlled by the Idaho Public Utilities Commission including electrical substations, major water storage reservoirs, etc. PUBLIC UTILITY FACILITY, MINOR: A small facility required for the operation of a utility controlled by the Idaho Public Utilities Commission including minor wells, pump houses, etc. PUBLISHING AND PRINTING FACILITIES (SMALL): An establishment where printed material is produc~l and/or published. QUASI-PUBLIC: A use that is essentially a public use, although under private ownership or control. RAILROAD YARDS & SHOPS: An area for storing and switching of freight and passenger rolling stock, including the repair of rail equipment. RECYCLING PLANTS: A building and/or site in which recyclable materials such as newspapers, glassware and metal cans are collected, stored, flattened, crushed or bundled prior to shipment to others who will use the materials to manufacture new products. REPAIR, MAJOR MOTOR VEHICLE: General repair, engine, transmission adrive-train rebuilding, repair a major reconditioning of worn a damaged motor vehicles a trailers; collision service, including body, frame a fender straightening a repair; and overall pairrting of motor vehicles or trailers. REPAIR, MINOR MOTOR VEHICLE: Incidental repairs, replacement of parts and motor service to motor vehicles, but not including any operation specified under "Motor Vehicle Repair, Major". RESTAURANTS: Any building a part thereof in which the principle use is the preparation of food and beverages. RETAIL STORES: A store that sells goods or commodities in small quantities directly to consumers. SALES LOTS (AUTO, RECREATIONAL, AGRICULTURAL, ETC.): An improved open area other than the street used for the display, sale a rental of new a used automobiles, mobile homes, recreational vehicles a farm implements, but not including repair work other than minor cosmetic repairs. SCHOOL: An institution of learning for minors, whether public or private which offers instruction in those courses of study required by the State Board of Education to a group of children. This defmition includes nursery school, kindergarten, elementary school, junior high school, senior high school, but it does not include a vocational or professional institution or any institution of higher education, including a college a university. (See alternative school) SCHOOL, ALTERNATIVE /EDUCATIONAL PROGRAMS: SCHOOL, PRIVATE COMMERCIAL: A school, regazdless whether it is operated for profit, primazily devoted to instruction, in dance, music, drama, art, languages, martial arts training, etc. SCHOOL, TRADE OR VOCATIONAL: An institution a facility conducting instruction in the technical or trade skills such as business, secretazial training, medical-dental technician training, beauticians, barbers, electr~ics, automotive technician training, etc. SERVICE STATION: Premises where gasoline, motor oils, lubricants and gease for the operation of motor vehicles aze retailed directly to the public on the premises and including tires, accessories, services and mina motor vehicle repairs. SOLID WASTE TRANSFER STATION: A place or facility where non-hazardous solid waste materials aze taken from a collection vehicle a a private party, temporarily stored & ultimately placed in a transportation unit fa movement to a landfill. STORAGE FACILITIES, INDOOR: The storage of equipment, materials, supplies, etc. in an indoor azea. STORAGE FACILITIES, OUTDOOR: The storage of equipment, vehicles, materials, supplies, etc. in an outdoor area. TECHNICAL SCHOOL: An institution a facility conducting instruction in the technical or trade skills such as business, secretarial training, medical dental technical training, beauticians, bazbers, electronics, automotive tech, training etc. TRUCK STOPS: An establishment that sells fuel for trucks and usually maintains a restaurant for truck drivers. WAREHOUSING & WHOLESALING: A use engaged in storage, wholesale, and distribution of manufactured products and supplies and equipment, excluding bulk storage of hazazdous materials. FUGITIVE DUST CONTROL The 1999 Treasure Valley-wide air quality public opinion survey found that 74% of Ada County respondents answered YES to the question "Should local governments take additional measures to improve air quality." PROBLEMS ASSOCIATED WITH FUGITIVE DUST AND TRACK OUT: Public Health and Air Quality Particulate matter air pollution has been found to have serious health impacts. The human respiratory system can not filter out particles smaller than 10 microns. These particles can reach deep into lung tissue, causing increased respiratory disease, lung damage, and possibly premature death. Any visible amount of airborne dust can constitute a health hazard. Local studies show that airborne dust is a large source of particulate matter in the area. Dust generated at construction sites alone is the third largest source of particulate matter in the Treasure Valley. In addition to direct emissions of dust into the air, track out of soil and sand onto roadways causes an increase in fugitive road dust. Vehicle tires pulverize dirt and dust on the roadway into tiny particles that are then blown into the air by passing vehicles. This fugitive road dust is the single largest source of particulate matter in Ada County. Fugitive road dust and construction dust combined account for 62% of PM,o in Ada County. No technology can prevent fugitive road dust from occurring. The only way to reduce fugitive road dust is to either decrease the number of vehicles traveling over the roads, or reduce the amount of dust and other material on the roadway. Residents of the area are following the national trend of increased commuting and driving. Vehicle Miles Traveled (VMT) measures the daily average per capita number of miles traveled. VMT in the Treasure Valley has increased 65% since 1987, from 16 miles per day to almost 25 miles per day. The increased vehicle miles causes a corresponding increase in fugitive road dust. Water Quality Measures that help protect air quality from fugitive dust can also protect water quality. Erosion control measures used for dust suppression, and track out control measures will also limit the amount of material that is eventually washed into storm drains or into natural waterways. This ordinance can affect sediment accumulation in storm drains, which must be removed periodically at great expense. Road Maintenance Abrasive materials such as dirt, sand, and gravel contribute to wear and tear of roadways. Damage can include excessive wear on surfaces, shortened life span for stripping, and increased susceptibility to localized damage, such as potholes and cracking. This ordinance will limit the track out of such materials onto public roadways, decreasing the need for periodic maintenance. Roadway Hazards This ordinance will prevent the creation of thick clouds of airborne dust often encountered near construction sites or other major sources of dust or track out. Reduced visibility caused by airborne dust can pose a driving hazard. In addition, measures that control track out of fine particles will also reduce track out of gravel and larger material that can become dangerous when thrown into the air by passing vehicles. THIS PROPOSED ORDINANCE IS DESIGNED TO HELP REDUCE THE GENERATION OF FUGITIVE (AIRBORNE) DUST IN TWO WAYS: 1. On site dust suppression requirements will prevent excessive dust from becoming airborne. 2. Track-out control requirements will reduce bulls material (mud and dirt) from being tracked onto paved roads or other surfaces, where it can become fugitive road dust. OPERATIONS THAT COULD BE AFFECTED BY THIS ORDINANCE: -Commercial construction sites and residential subdivision development projects -Sand and gravel pits -Landfills -Road construction projects -Unpaved parking lots Sources of Particulate AAatter in Ada County -1995 2 Fugitive Dust Ordinance/Air Pollution Ordinance 1.1 Purpose To provide an ordinance that will help to reduce air pollution and increase the quality of life by defining certain terms used herein; providing for regulations, abatement, exceptions, enforcement orders, responsibilities of owners and operators, penalties, unlawful conduct and public nuisances. 1.2 Background The City of Meridian has determined that fugitive dust emissions are a major source of air pollution within Meridian, and that such air pollution is detrimental to the health, comfort, living conditions, welfare, and safety of the citizens of Meridian. Idaho State Code, (IDPA16.01.01650 and 651), the "Rules for Control of Air Pollution in Idaho" require that all reasonable precautions be taken to prevent the creation of fugitive dust. 1.3 Definitions COUNCIL -Meridian City Council DUST PALLIATVE - A substance used to abate the dispersion of particulate matter into the air. Dust palliatives may be water or other substance approved for use by the FUGITIVE AIR CONTAMINANT - An air contaminant of the outdoor atmosphere not emitted through a flue, including but not limited to, industrial process losses, stockpile losses, driving on unpaved roads and parking lots, and construction/demolition activities. Particulate Matter PERSON -Any individual, public or private corporation for profit or not for profit, association, partnership, firm, trust, estate, department, board, political subdivision, municipality, district, authority or other legal entity whatsoever which is recognized by law as the subject of rights and duties. ROADS AND STREETS -Public and private roadways, paved and unpaved parking areas, racetracks of any kind, and land used for recreational purposes. 1.4 Regulations A. A person responsible for any of the following activities or sources of fugitive air contaminants shall take all reasonable actions to prevent particulate matter from becoming airborne: 1. Construction or demolition of buildings or structures. 2. Construction, grading, paving, and maintenance of roads and streets. 3. Clearing or grading of land. 4. Stock piling of materials. B. A person may not permit fugitive particulate matter to 1. Be emitted into the outdoor atmosphere from a source listed in 1.4A if the emissions are visible to the human eye and if the emissions pass outside the persons property, or 2. Adversely affect any other person, their property or their reasonable enjoyment of their property. 1.5 Abatement A person responsible for any source specified in Section 1.4A shall take all reasonable actions to prevent particulate matter from becoming airborne. These actions include but are not limited to the following: A. Use, where possible, of water or approved palliatives for control of dust in the demolition of buildings or structures, construction operations ,the grading or use of roads or streets, or the clearing of land. The use of waste oil as a palliative is prohibited. B. Application of suitable materials such as, but not limited to asphalt, oil, water, or approved dust palliative on dirt roads, material stockpiles and other surfaces which may give rise to airborne dusts. C. All new roads, parking lots, storage lots and areas of vehicular circulation shall be paved or otherwise hard surfaced (i.e. concrete, grasscrete, pavers...). D. Immediate removal of earth (i.e. mud) or other material from paved streets onto which earth or other material has been transported by trucking, earthmoving equipment, erosion by water, or other means. The placement of earth or other material into a storm drain shall be prohibited. 1.6 Exceptions The requirements of this ordinance do not apply to the following: A. Fugitive emissions arising from the production of agricultural commodities on the premises of a farm operation. B. The maintenance of existing drainage and irrigation waterways located within the City limits. C. Landscaping by a Person at his or her place of residence D. Modifications or additions to existing detached single family residential dwellings. 1.7 Enforcement Whenever the Code Enforcement Officer fmds that fugitive dust is or may be resulting from an air. contamination source in the City of Meridian, the Code Enforcement Officer may order the owner or operator to take corrective action in a manner satisfactory to the City of Meridian. A. The Meridian Code Enforcement Officer shall have the power and duty to enforce the provisions of this ordinance. B. The City of Meridian may issue such orders as are necessary to aid in the enforcement of the provisions of this ordinance. These orders shall include, but shall not be limited to; orders requiring persons to cease unlawful activities or cease operation of a fugitive dust source which, in the course of its operation, is in violation of any provision of this ordinance; orders to take corrective action or to abate a public nuisance. Such an order may be issued if the City of Meridian fords that any condition existing in or on the facility or source involved is causing or contributing to fugitive dust or if the City finds that any person is in violation of any provision of this ordinance. C. The City Of Meridian may, in its order, require compliance with such conditions as are necessary to prevent or abate fugitive dust emissions. D. An order issued under this section shall take effect upon notice, unless the order specifies otherwise. The person in receipt of the order may appeal the order to the Council. An appeal does not supersede the order until such time that the Council upholds the appeal. E. The authority of the City of Meridian to issue an order this section is in addition to any remedy or penalty which may be imposed pursuant to Meridian City Code (Title 1-4-1). F. Upon the failure of any person ordered to abate or cease any unlawful activity or operation, as defined herein, the Code Enforcement officer or his/her designee shall proceed with the work specified in the notice. The cost of the work shall be transmitted to the Council, who shall cause the same to be paid. For the Purposes of collecting or recovering the costs involved in taking corrective action or pursuing a cost recovery action pursuant to an order the City of Meridian may collect the amount in the same manner as civil penalties are assessed and collected following the process for assessment and collection of a civil penalty as allowed by law. 1.8 Public Nuisance A violation of this ordinance or of any order issued by the City of Meridian under this ordinance shall constitute a public nuisance. The City of Meridian shall have the authority to order any person causing the public nuisance to abate the public nuisance. An erson who causes the ublic nuisance shall be liable for the cost of abatement. 1.9 Severability The provisions of this ordinance are severable, and if any section, clause, sentence, part, or provision thereof shall be held illegal, invalid, or unconstitutional by any court, shall not effect or impair the remaining sections, clauses, sentences, parts, or provisions of this ordinance. POSTING REQUIREMENTS OF THE CITY OF MERIDIAN (MCC 11-15-5) Posting Notice: Except as noted within this paragraph, any time notice is required, the land being considered shall be posted not less than ten (10) days prior to the Planning and Zoning Commission hearing and again not less than ten (10) days prior to the City Council hearing. Except as noted in MCC 11-15-5, posting of the property must be in substantial compliance with the following requirements: Signage Requirements: a. The sign(s) shall consist of 4' x 4' plywood or other hard surface mounted on two (2) 4" x 4" posts in such a manner that it is perpendicular to the roadway along which the sign is posted and the bottom of the sign is at least three-feet (3') above the ground. b. Centered at the top of the 4' x 4' sign board(s) in six-inch letters shall be the words "Public Notice". In addition, each sign will inform the public of the name of the applicant, and if applicable, the proposed development, the date, time, place, and nature of the public hearing and a summary of the proposal to be considered. Each sign shall be painted white and the letters shall be painted black and shall appear on both sides. An example of this sign is set forth in the attached illustration. Size = 6 inches ....................... PUBLIC HEARING NOTICE Size = 2 inches ........................ Size = 1.5 inches ..................... Size = 1.5 inches ..................... Size = 1.5 inches ..................... PURPOSE: Annexation and Zoning -You-Name-It Subdivision- Zoning R-4, Subdivision Preliminary Plat, 7.66 acres, 291ots, single family dwelling, 1 lot open space/drainage w/landscaped entayway. LOCATION: SW corner of Ustick Rd. and Linder Rd. Size = 1.5 inches ..................... 2. The sign(s) shall be posted on the land being considered along each roadway that is adjacent to it. The signs shall be located on the property outside of the public right-of- way, if they can be so located and remain clearly visible from the roadway; otherwise, the consent of the owner of the right-of--way must be obtained and the sign(s) located therein. 3. The applicant shall submit a certification to the City Clerk no later than seven (7) days prior to the hearing as to what, where, and when sign(s) were posted. Unless the certification is received by such date, the hearing will be canceled. 4. No later than three (3) days after the noticed hearing and any continuation thereof, sign(s) must be removed. APPLICANT /REPRESENTATIVE MUST ATTEND THE CITY COUNCIL MEETING.