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PZ - UDC Proposed Modifications 1 Proposed UDC Text Amendments UDC Section Topic Problem/Question Potential Fix 11-1A-1 Define accessory use Further define this term. ACCESSORY USE, NON-RESIDENTIAL: A use or activity that is incidental and secondary subordinate to the principal use and is conducted upon the same property. 11-1A-1 Define Brewery New term BREWERY: The use of a site that manufactures beer or malt liquor. The use may include the ancillary sale or dispensing of beer or malt liquor by the drink or glass. 11-1A-1 Define Distillery New Term DISTILLERY: The use of a site that manufactures distilled beverages. The use may include the ancillary sale or dispensing of liquor by the drink or glass. 11-1A-1 Drinking Establishment Remove the term brewery from the definition. DRINKING ESTABLISHMENT: The use of a site primarily for the sale or dispensing of alcohol by the drink or glass. Thise use includes, but is not limited to, is commonly referred to as a bar, brewery, lounge, nightclub, and tavern. 11-1A-1 Food products processing Bifurcate food and beverage products processing into two (2) separate categories; major or minor similar to the UDC vehicle repair definition. FOOD AND BEVERAGE PRODUCTS PROCESSING; MAJOR (NAICS Code 311): The use of a site for producing, manufacturing, processing or storage of food products. The use includes, but is not limited to, beverages, coffee, ice, snacks, fruits, vegetables, spices, confectionery, and dairy products. Excluded uses are animal products, seafood, milling and refining. 11-1A-1 Define food and beverage products processing; minor New term FOOD AND BEVERAGE PRODUCTS PROCESSING; MINOR: The use of a site or portion thereof for small scale operation of producing; manufacturing; processing and storage of food and beverage products. The use must contain a tasting room, dining area, retail showroom or any combination of these areas. The term includes brewery; distillery and winery. A use that does not meet the specific use standards listed in Chapter 4 shall be defined as Food and Beverage Products Processing, Major. 11-1A-1 Define home occupation Modify the term home occupation. ACCESSORY USE, HOME OCCUPATION: An occupation, profession, activity, or use or activity that is clearly an incidental and secondary use of to a residential dwelling unit. and that does not alter the exterior of the property or affect the residential character of the neighborhood. This term shall not include “Daycare Facility” as herein defined. 11-1A-1 Industry, heavy Minor revision to the existing definition. INDUSTRY, HEAVY: A. A use engaged in the basic processing and manufacturing of materials or products, predominately from extracted or raw materials; B. A use engaged in storage or manufacturing processes using flammable or explosive materials; C. Storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions. Included uses are animal products, seafood, milling and refining. 11-1A-1 Restaurant Minor revision to the existing definition. RESTAURANT: A. The use of a site for the primary purpose of food preparation, having a commercial kitchen and cooking facilities, and where meals are regularly served to the public for compensation. The use includes, but is not limited to, cafe, coffee shop, delicatessen, diner, eatery, grill, pizza parlor, restaurant, retail bakery, sushi bar, steakhouse. B. Establishments with a liquor and/or beer and wine license that includes a restaurant certificate and that meet the definition of restaurant as set forth in Idaho administrative code 11.05.01.010.074. C. Establishments with a beer and wine license that meet the definition of restaurant as set forth in Idaho administrative code 11.05.01.010.04, including, but not limited to, brewpubs and wine bars. 11-1A-1 Retail store, wine and beer sales and servings Minor revision to the existing definition. RETAIL STORE, WINE AND BEER SALES AND SERVINGS: The use of a site that offers wine and/or beer to the public for monetary compensation for off-site consumption as well as and offers servings of such for purchase by the bottle or glass. The use includes, but is not limited to, wine shops and brewing supply stores. The use does not include, brewery, distillery, drinking establishments, or restaurants or winery as herein defined. The use does not include stores that sell wine and beer but do not offer servings. 11-1A-1 Define Winery New term WINERY: The use of a site that manufactures alcoholic beverages from the fermented juice of grapes, fruits, or other liquid bearing plants. The use may include the ancillary sale or dispensing of wine by the drink or glass. 2 11-2A-2A Allowed uses Clarify when an AUP or CZC is required for establishing home occupation and non-residential accessory use permits in the residential zoning districts. A. Permitted uses and accessory uses in residential districts shall be reviewed in accord with chapters 2, “District Regulations”, 3, "Regulations Applying To All Districts", 4, "Specific Use Standards", and 5, "Administration", of this title. , except that single-family detached homes and secondary dwellings shall be reviewed in accord with the standards established in title 10 of this code. Any person establishing, operating, or carrying on a home occupation or family daycare in a residential district shall obtain an accessory use permit prior to establishing, operating, or carrying on such use. Any person establishing, operating, or carrying on any other permitted and/or accessory use in a residential district shall obtain a certificate of zoning compliance prior to establishing, operating, or carrying on such use, except that single-family detached homes and secondary dwellings shall not require certificate of zoning compliance and/or accessory use approval. Standards within this title related to such uses shall be reviewed in the course of the building permit process. It shall be unlawful and a violation of the unified development code for any person to conduct in a residential district any permitted or accessory use unless such person first obtains each and every applicable permit from the city. 1. Ssingle-family detached homes, single family attached homes, townhomes and secondary dwellings shall be reviewed in accord with the standards established in title 10 of this code and shall not require certificate of zoning compliance and/or accessory use approval. 2. Any person establishing, operating, or carrying on Aa home occupation or family daycare in a residential district shall obtain an accessory use permit prior to establishing, operating, or carrying on such use. 3. Any person establishing, operating, or carrying on any other permitted and/or non-residential accessory use in a residential district shall obtain a certificate of zoning compliance prior to establishing, operating, or carrying on such use. 11-2B-2A Allowed uses Clarify when an AUP or CZC is required for establishing home occupation and non-residential accessory use permits in the commercial zoning districts. A. Permitted uses and accessory uses in commercial districts shall be reviewed in accord with chapters 2, “District Regulations”, 3, "Regulations Applying To All Districts", 4, "Specific Use Standards", and 5, "Administration", of this title. Any person establishing, operating, or carrying on a home occupation or family daycare in a commercial district shall obtain an accessory use permit prior to establishing, operating, or carrying on such use. Any person establishing, operating, or carrying on any other permitted and/or accessory use in a commercial district shall obtain a certificate of zoning compliance prior to establishing, operating, or carrying on such use. It shall be unlawful and a violation of the unified development code for any person to conduct in a commercial district any permitted or accessory use unless such person first obtains each and every applicable permit from the city. 1. Any person establishing, operating, or carrying on Aa home occupation or family daycare in a commercial district shall obtain an accessory use permit prior to establishing, operating, or carrying on such use. 2. Any person establishing, operating, or carrying on any other permitted and/or non-residential accessory use in a commercial district shall obtain a certificate of zoning compliance prior to establishing, operating, or carrying on such use. Table 11-2B-2 Add new use to table Allow small scale operations of food and beverage products processing in the commercial districts. Use C-N C-C C-G L-O M-E H-E Food and beverage products processing; minor1 P/C P/C P/C - P/C P/C Table 11-2B-2 Allowed uses in the commercial districts Remove home occupations from operating in the L-O and C-N zoning districts. Residential uses are typically not allowed in these zoning districts. Use C-N C-C C-G L-O M-E H-E Home occupation1 A A A A - - 11-2C-2A Allowed uses Clarify when an AUP or CZC is required for establishing home occupation and non-residential accessory use permits in the industrial zoning districts. A. Permitted uses and accessory uses in industrial districts shall be reviewed in accord with chapters 2, “District Regulations”, 3, "Regulations Applying To All Districts", 4, "Specific Use Standards", and 5, "Administration", of this title. Any person establishing, operating or carrying on any permitted and/or accessory use in an industrial district, including a single-family detached dwelling used as a caretaker dwelling, shall obtain a certificate of zoning compliance prior to establishing, operating, or carrying on such use. It shall be unlawful and a violation of the unified development code for any person to conduct in an industrial district any permitted or accessory use unless such person first obtains each and every applicable permit from the city. 1. Any person establishing, operating, or carrying on any permitted and/or non-residential accessory use in an industrial district, including a single-family detached dwelling used as a caretaker dwelling, shall obtain a certificate of zoning compliance prior to establishing, operating, or carrying on such use. 3 Table 11-2C-2 Add new use to table Allow small scale operations of food and beverage products processing in the industrial districts. Use I-L I-H Food and beverage products processing; minor1 P/C - Food and beverage products processing; major1 P P 11-2D-2A Allowed uses Clarify when an AUP or CZC is required for establishing home occupation and non-residential accessory use permits in the traditional neighborhood zoning districts. A. Permitted uses and accessory uses in traditional neighborhood districts shall be reviewed in accord with chapters 2, “District Regulations”, 3, "Regulations Applying To All Districts", 4, "Specific Use Standards", and 5, "Administration", of this title. except that single-family detached homes and secondary dwellings shall be reviewed in accord with the standards established in title 10 of this code. Any person establishing, operating, or carrying on a home occupation or family daycare in a traditional neighborhood district shall obtain an accessory use permit prior to establishing, operating, or carrying on such use. Any person establishing, operating, or carrying on any other permitted and/or accessory use in a traditional neighborhood district shall obtain a certificate of zoning compliance prior to establishing, operating, or carrying on such use, except that single-family detached homes and secondary dwellings shall not require certificate of zoning compliance and/or accessory use approval. Standards within this title related to such uses shall be reviewed in the course of the building permit process. It shall be unlawful and a violation of the unified development code for any person to conduct in a residential district any permitted or accessory use unless such person first obtains each and every applicable permit from the city. 1. Ssingle-family detached homes, single family attached homes, townhomes and secondary dwellings shall be reviewed in accord with the standards established in title 10 of this code and shall not require certificate of zoning compliance and/or accessory use approval. 2. Any person establishing, operating, or carrying on Aa home occupation or family daycare in a traditional neighborhood district shall obtain an accessory use permit prior to establishing, operating, or carrying on such use. 3. Any person establishing, operating, or carrying on any other permitted and/or non-residential accessory use in a traditional neighborhood district shall obtain a certificate of zoning compliance prior to establishing, operating, or carrying on such use. Table 11-2D-2 Add new use to table Allow small scale operations of food and beverage products processing in the traditional neighborhood districts. Use O-T TN-C TN-R Food and beverage product processing; minor1 P/C P/C - 11-4-3-19 Food products processing Existing standards in Chapter 4 needs to be re-titled as food and beverage products processing “major”. 11-4-3-19: FOOD AND BEVERAGE PRODUCTS PROCESSING; MAJOR: A. All structures, loading areas, outdoor activity areas, exclusive of parking shall be located a minimum of six hundred feet (600') from any abutting residential districts. B. Food processing shall be located a minimum of one thousand feet (1,000') from any hospital. C. The application materials shall include written documentation that the proposed facility meets any applicable federal, state, or local standards regarding such use including, but not limited to, those of the U.S. environmental protection agency, the U.S. department of agriculture, Idaho department of environmental quality (DEQ), Idaho department of agriculture, Idaho department of water resources, and Central district health department. 4 11-4-3-21 Home Occupation Modify the specific use standards to have more expressed standards to eliminate vague requirements and make the standards more enforceable. Recently there have been uses approved as home occupations that have been more commercial in nature however; the current standards as written make it difficult for the City to enforce. 11-4-3-21: HOME OCCUPATION: The following standards apply to all home occupation uses: with the exception that strict adherence to the standards contained in subsections B, C, E, and F of this section in the TN-C and TN-R districts is not required: A. In no way shall the home occupation cause the premises to differ from its residential character in the appearance, lighting, signs, or in the emission of noise, fumes, odors, vibrations, or electrical interference. B. The home occupation shall be conducted entirely in the dwelling, and not more than ten twenty five percent (1025%) or 500 square feet whichever is more restrictive, of the overall living area of said dwelling shall be used for a home occupation, including home occupation or for storing goods associated with the home occupation. An attached garage may be used for a home occupation provided it shall not reduce the required off street parking below the standard established for that district and the area being used for the home occupation is calculated to be no greater than twenty five percent (25%) of the overall living area of the dwelling. C. No activity connected to the home occupation or any storage of goods, materials, or products connected with an home occupation shall be allowed in any detached accessory structure. D. (Rep. by Ord. 07-1325, 7-10-2007) Allowed accessory uses include but are not limited to: art, dance and music lessons; personal training lessons; and personal and professional services. Prohibited uses include but are not limited to: vehicle repair and rental; equipment repair and rental; pet boarding; or any other such uses that are prohibited by the UDC or are in violation of the purpose statement of this code, as determined by the Director. E. The home occupation shall not have more than two (2) outgoing pick-ups per day from a common carrier. F. The home occupation shall be conducted by the inhabitants of the dwelling, and no more than one nonresident employee shall be permitted. G. The home occupation shall not serve as a headquarters or main office where employees come to the site and are dispatched to other locations. H. No retail sales shall be permitted from the dwelling except the sale of: 1) services or items produced or fabricated on the premises as a result of the home occupation; or 2) products secondarily related to the personal service aspect of the home occupation; or 3) products sold online that are delivered to customers by mail. I. Off street parking shall be provided as set forth in section 11-3C-6 of this title, in addition to the required off street parking for the dwelling. J. All visits by clients, customers, and/or employees shall occur between the hours of eight o'clock (8:00) A.M. and eight o'clock (8:00) P.M. No more than two (2) clients and/or customers shall be at the home at any one time. K.The home occupation shall only be allowed as an accessory use to an allowed residential use. The permit holder shall be responsible for obtaining all applicable city permits prior to commencing the home occupation. L. A home occupation operating from a multi-family dwelling shall have no clients, customers and employees. 11-4-3-44 Retail store, wine and beer sales and servings Add additional specific use standards to ensure this use does not operate primarily as a drinking establishment. 11-4-3-44: RETAIL STORE, WINE AND BEER SALES AND SERVINGS: A. The applicant shall maintain a current wine and beer sales permit for on premises consumption (which includes retail sales). Liquor sales shall be prohibited. B. Applicant shall comply with all state, county, and local laws regarding serving alcohol, including, but not limited to, designating specific areas for consumption and posting such areas as age restricted. C. Wine and beer servings shall be limited to the following time periods: eleven o'clock (11:00) A.M. to ten o'clock (10:00) P.M. Store hours of operation are not limited unless otherwise restricted by this title. D. The use shall not include any indoor/outdoor live entertainment. E. The use shall not include food service as defined by the term restaurant. 5 11-4-3-46 Specific use standards for food and beverage products processing; minor New specific use standards for food and beverage products processing; minor. 11-4-3-46: FOOD AND BEVERAGE PRODUCTS PROCESSING; MINOR: A. The building or tenant space shall not exceed a gross floor area of 5,000 square feet. In the commercial, industrial and traditional neighborhood districts additional square footage may be approved with a conditional use permit. In no case shall the maximum square footage in any of these districts exceed 10,000 square feet. B. In the commercial districts, a conditional use permit shall be required when the use is located within three hundred feet (300’) of a residential district or existing residence. C. In the commercial and traditional neighborhood districts, the dining area, tasting area, retail showroom or any combination thereof, shall comprise a minimum of twenty-five percent (25%) of the building and/or tenant space, as applicable. D. In the industrial districts, the dining area, tasting area and the retail showroom or any combination thereof, shall not exceed more than twenty-five percent (25%) of the building and/or tenant space, as applicable. E. Storage of materials used in the production process shall only be permitted within a completely enclosed structure. Other outdoor storage areas not associated with the production process shall comply with section 11-3A-14, "Outdoor Storage As An Accessory Use", of this title. Outdoor storage is prohibited in the traditional neighborhood districts. F. Mechanical equipment associated with the manufacturing of the beverage may be reviewed and approved as an integrated architectural element of the building through administrative design review as a design standards exception. G. Alcohol servings shall be limited to the following time periods: eleven o'clock (11:00) A.M. to ten o'clock (10:00) P.M. 6 11-5C-3 Surety Agreements There isn’t any new language being proposed for this section. All of the proposed changes are restructuring existing language in a more efficient chronological order to improve the administration of this section of the code. 11-5C-3: PROCESS: A. The city may withhold building, electrical or plumbing permits, certificates of zoning compliance, or certificates of occupancy on the lots or land being developed or subdivided, or the structures constructed thereon, if the improvements required under this title have not been constructed or installed, or if such improvements are not functioning properly. B. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the city engineer, an owner may post a performance surety for such improvements that are needed to protect the public life, safety and health including, but not limited to, water, sewer, reclaimed water, stormwater facilities or improvements, and power facilities; parking lot paving and striping; and street paving) in order to obtain city engineer signature on the final plat. The amount of the performance surety shall be established by city council resolution. The estimated cost shall be provided by the applicant and reviewed and approved by the city engineer. In addition to the performance surety, all such improvements shall also be subject to a warranty surety in the amount of twenty percent (20%) of the cost of improvements for a period of two (2) years. The amount of the performance surety shall be established by city council resolution. C. In the event that an applicant and/or owner cannot complete the nonlife, nonsafety and nonhealth improvements, such as landscaping, pressurized irrigation, and fencing, prior to city engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved in accord with the procedures set forth in this chapter. The amount of surety called for shall be established by city council resolution. The estimated cost for landscape and fencing sureties shall be provided by the applicant and reviewed and approved by the director. The amount of surety called for shall be established by city council resolution. D. Where a surety is accepted for nonlife, nonsafety and nonhealth improvements by the city and deposited as provided by this article, the city may release temporary occupancy of a structure or structures. The term of the temporary occupancy shall be determined by the city engineer and/or director. The term shall not exceed one hundred eighty (180) days in length. Sureties shall be in the form of a bond, an irrevocable letter of credit or a cash deposit. In all cases the surety shall be drawn solely in favor of, and payable to, the order of the city of Meridian, in accord with the regulations contained in the surety agreement by and between the guarantor and the city of Meridian. E. Sureties shall be in the form of a bond, an irrevocable letter of credit or a cash deposit. In all cases the surety shall be drawn solely in favor of, and payable to, the order of the city of Meridian, in accord with the regulations contained in the surety agreement by and between the guarantor and the city of Meridian. Where a surety is accepted for nonlife, nonsafety and nonhealth improvements by the city and deposited as provided by this article, the city may release temporary occupancy of a structure or structures. The term of the temporary occupancy shall be determined by the city engineer and/or director. The term shall not exceed one hundred eighty (180) days in length. F. Where a surety is accepted by the city and deposited as provided by this article, the surety shall be released subject to the following regulations: 1. The owner shall submit a written request to the city to lease the surety. The request shall include the following documents: a. A statement from the owner that the required improvements are complete. b. Two (2) sets of prints of the as built plans and specifications for all improvements. 2. The city engineer and/or director shall verify and certify that the required improvements, as detailed in the surety agreement, have been installed and/or accepted by the city at the end of the warranty period. The as built plans shall be reviewed and approved by the city engineer or director. 3. Upon certification of the city engineer and/or the director, the city shall release the sureties heretofore deposited in the manner and to the extent as provided for in the surety agreement in accord with the regulations of this article. G. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures.