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CC - Staff Memo Updated 1 November 30, 2017 MEMORANDUM TO: Mayor Tammy de Weerd City Council Members CC: City Clerk FROM: Caleb Hood, Planning Division Manager RE: Unified Development Code (UDC) Text Amendment – H-2017-0044 December 4, 2017 City Council Agenda Item On June 6th, Staff presented to the Mayor and Council proposed changes to several sections of the Unified Development Code (UDC), Title 11 of Meridian City Code. The Council continued the public hearing on the UDC changes to November 14th and directed staff to establish a stakeholder group of approximately 10-15 people, to discuss home-based businesses. During the November 14th hearing, Staff presented revisions to the June 6th version of the UDC changes. The Council continued the public hearing once more to December 4th, giving the public additional opportunity to review the changes and prepare comments. Some additional minor changes have been made since the November 14th workshop; Staff will highlight changes during the December 4th hearing. Attached is the draft-final version of the UDC changes. Staff believes this version balances the needs of both the private and public sectors and protects the residential character of neighborhoods while allowing home-based businesses. Background: Over the past several months, Code Enforcement, Legal and Planning Staff have noted issues with certain sections of existing City Code. Some of the issues noted create enforcement problems, confusion for the public and applicants, and unintentionally create land use prohibitions not intended. Staff from Planning, Legal, Building and Code Enforcement primarily, collaborated on the initial UDC changes. These UDC changes were shared with the UDC Focus Group and the Building Contractors Association of Southwest Idaho before submittal, with no comments received back. However, days prior to the June 6th public hearing, several letters of concern were received from the public. As directed by the Mayor and Council, City Staff contacted several of the parties that were present for the June 6th meeting, inviting them to participate in developing standards for home-based businesses. Invited were: Eric Ritter, Jeff Todd, Mindy Lin, Ryan Cardoza, Eric Wallentine, Carolyn Smith, Kevin and Becky Preece, Shyrel and Norm Stoddard, Soren Dorius, Luke Cavener, Emily Kane, Lacy Ooi, Bill Parsons, Emily Kane, Robert Simison, and Caleb Hood. Not all of those invited were able to participate. However, for those that weren’t present at the in-person meetings, a 2 summary e-mail was prepared and communication about the status and next steps shared electronically. The workgroup met three times: July 18th, August 30th and September 28th. The UDC changes attached affect several sections of the UDC, not all of them related to home occupations. However, the changes proposed that do affect home occupations were developed, vetted and endorsed by the established workgroup. The workgroup spent a majority of the time discussing section 11-4-3-21 of the UDC. Purpose: The subject application is meant to serve several purposes: 1) Establish a clear procedure for approving, revoking, modifying and denying an accessory use permit (aka – home occupation); 2) Modify and add definitions to Chapter 1 of the UDC for several uses; 3) Clarify the requirements for permitted, prohibited and accessory uses in the zoning districts in Chapter 2; 4) Modify the specific use standards of food products processing, accessory uses, home occupations and retail stores, wine and beer sales and servings in Chapter 4 of the UDC; 5) Restructure and re-ordering the existing surety and occupancy verbiage in Chapter 5 (11-5C- 3) to improve the administration of this section; and, 6) Incorporate new standards to allow for the establishment of food and beverage products processing, minor. Request: Staff recommends Council approve the subject UDC Text Amendment application: H-2017-0044, as presented herein. 3 Proposed UDC Text Amendments UDC Section Topic Problem/Question Potential Fix 11-1-11D Process for revocation of accessory use permit City Council has primary jurisdiction over the question of whether to revoke accessory use permits; this should be a director-level decision, with appeal to City Council. D. Revocation of Conditional Use Or Accessory Use Permit: 1. A conditional use or accessory use permit may be revoked or modified by the city council, upon notice and hearing, for breach or violation of any condition of approval or limitation of the permit. 2. If the city council decides to revoke a conditional use permit or accessory use permit, either on its own action or upon complaint to the city council, the council shall notify the permit holder of its intention to revoke the permit and provide the permit holder with the oppor tunity to contest the revocation at a public hearing before the City Council. 3. Fifteen (15) days' prior notice of the hearing shall be given to the permit holder and all property owners within three hundred feet (300') of the boundaries of the land for which the permit was issued. 4. The city council shall make findings of fact and conclusions of law supporting it s decision to revoke the conditional use or accessory use permit. If the council does not decide to revoke the permit, no findings of fact and conclusions of law shall be made. 5. An aggrieved permit holder or complainant may appeal the decision of the cit y council under the administrative procedures act of the state of Idaho, Idaho Code section 67-5270. 11-1-11E Process for revocation, modification, or denial of accessory use permit Allows director to determine whether to revoke accessory use permit, with option to appeal to City Council. E. Revocation, modification, or denial of accessory use permit: 1. An accessory use permit may be revoked or modified by the director upon a finding of breach or violation of any condition of approval or limitation of the permit. An accessory use permit application may be denied by the director upon a finding that the proposed use cannot or will not be conducted in compliance with applicable specific use standards. The director shall provide the permit holder writt en notice of the revocation, modification, or denial, and shall provide the permit holder with information regarding the opportunity to appeal such action . 2. The permit holder or applicant may appeal the director’s revocation, modification, or denial of a n accessory use permit. Such appeal shall be made in writing, shall state the reasons for such appeal, and shall be delivered to the city clerk via U.S. mail or in person with in fourteen (14) days of such revocation, modification, or denial. Upon receipt of such written appeal, the city clerk shall schedule a public hearing on the appeal at a city council meeting within thirty (30) days. The clerk shall provide fifteen (15) days’ notice of the hearing to the permit holder or ap plicant and all property owners within three hundred feet (300') of the boundaries of the land for which the permit was issued. 3. Following public hearing on the appeal, city council shall affirm, modify, or reverse the director’s action and shall issu e written findings supporting such decision. The city council's decision on such appeal shall be a final decision. 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 ma lt liquor by the drink or glass. 11-1A-1 Define direct sales New term DIRECT SALES: The sale, distribution, presentation, demonstration, or supply of goods directly to consumers from the fabricat or or producer of such goods through independent consultants, agents, or contractors. 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. Th ise 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, confectio nery, 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. 4 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 ma terials; 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 Define personal and professional services Modify the current term of personal and professional services. PERSONAL AND PROFESSIONAL SERVICES: The use of a site for the provision of individualized services generally related to perso nal needs. Personal service uses include, but are not limited to, beauty and healthcare services such as salons, hair, nail and skin care, spa, and barbers; fitness training and instruction; locksmiths; and repairs such as footwear and leather goods, and watches. Professional service uses include, but are not limited to: architects, landscape architects and other design services; computer designers; consultants; lawyers; media advisors; photography studios; fitness trainers; and title companies. The term does not include healthcare and social service. 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 includ es, 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 Define retail sales New term RETAIL SALES: The sale, distribution, presentation, demonstration, or supply of goods to consumers through or at a retail sto re. 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 com pensation 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. 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. Single-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. The operator of a home occupation accessory use or family daycare in a residential district shall obtain an accessory use permit prior to establishing, operating, or carrying on such use. The director shall deny an application for a home occupation accessory use upon a finding that such use cannot or will not be conducted in compliance with applicable specific use standards. Such finding may be based on the i nherent nature of the use, the proposed manner of the use, or the manner of the use as previously conducted by the appli cant. 3. 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. 5 Table 11-2A-2 Allowed uses in the residential districts Include direct sales as an allowed use in the residential districts. TABLE 11-2A-2 ALLOWED USES IN THE RESIDENTIAL DISTRICTS Use R-2 R-4 R-8 R-15 R-40 Daycare center1 - C C P P Daycare, family1 - A A A C Daycare, group1 - - C P P Direct sales3 A A A A A Dwelling, secondary1 A A A A A Home occupation, accessory use1 A A A A A Notes: 1. Indicates uses that are subject to specific use standards in accord with chapter 4 of this title. 2. Multi-family 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 UDC 11-4-3-21. 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 appl icable permit from the city. 1. The operator of a home occupation accessory use or family daycare in a commercial district shall ob tain an accessory use permit prior to establishing, operating, or carrying on such use. The director shall deny an application for a home occupation accessory use upon a finding that such use cannot or will not be conducted in compliance with applicable specific use standards. Such finding may be based on the inherent nature of the use, the proposed manner of the use, or the manner of the use as previously conducted by the applicant. 2. 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. 6 Table 11-2B-2 Allowed uses in the commercial districts Allow small scale operations of food and beverage products processing in the commercial districts; remove home occupations from operating in the L-O and C-N zoning districts because residential uses are typically not allowed in these zoning districts and add retail sales as a new use to the table. TABLE 11-2B-2 ALLOWED USES IN THE COMMERCIAL DISTRICTS Use C-N C-C C-G L-O M-E H-E Flex space1 - P P - P - Food and beverage products processing; minor1 P/C P/C P/C - P/C P/C Fuel sales facility1 C P P - - C Fuel sales facility, truck stop1 - - C - - - Healthcare or social services P P P P P P Home occupation, accessory use1 A A A A - - Use C-N C-C C-G L-O M-E H-E Restaurant P P P C A A Retail sales P P P - A A Retail store P P P - 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 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. Table 11-2C-2 Add new use to table Allow small scale operations of food and beverage products processing in the industrial districts. TABLE 11-2C-2 ALLOWED USES 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 7 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, "Administrat ion", 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 p rior 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 u se, except that single-family detached homes and secondary dwellings shall not require certificate of zoning compliance and/or accessory use approval. Standards withi n 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. Single-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. The operator of a home occupation accessory use or family daycare in a traditional neighborhood district shall obtain an a ccessory use permit prior to establishing, operating, or carrying on such use. The director shall deny an application for a home occupation accessory use upon a finding that such use cannot or will not be conducted in compliance with applicable specific use standards. Such finding may be based on the inherent nature of the use, the proposed manner of the use, or the manner of the use as previously conducted by the applicant. 3. 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 Allowed uses in the traditional neighborhood districts Add accessory use at the end of home occupation for consistency through-out the document. TABLE 11-2D-2 ALLOWED USES IN THE TRADITONAL NEIGHBORHOOD DISTRICTS Use O-T TN-C TN-R Financial institution1 P P C Food and beverage products processing; minor1 P/C P/C - Healthcare or social services P P - Home occupation, accessory use1 A A A 8 11-4-3-9 Daycare facility Modify daycare standards to coincide with the accessory use standards. 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 pick up, 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 app roval. 4. Upon tentative approval of the application by the director or commission for a daycare center facility, 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 zoning compliance. The applicant or owner shall comp ly 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 six o'clock (6:0 0) A.M. and eleven o'clock (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 s hall hold a neighborhood meeting in accord with subsection 11-5A-6C 11-5A-4B of this title. Notice of the neighborhood meeting shall be provided to all property owners of record within one hundred feet (100') of the exterior boundary of the subject property. The applicant shall not exceed the maximum number of clients as stated in the approved permit or as stated in this title, whi chever is more restrictive. B. Additional standards for daycare facilities that serve children: 1. All outdoor play areas shall be completely enclosed by minimum six foot (6') nonscalable fences to secure against exit/ent ry by small children and to screen abutting properties. 2. Outdoor play equipment over six feet (6') high shall not be located in a front yard or within any required yard. 3. Outdoor play areas in residential districts adjacent to an existing residence shall not be used after dusk. C. Additional standards for family daycare facilities conducted as home occupations accessory uses: 1. In no way shall the family daycare cause the premises to differ from its residential character in the appearance, emit lighting, signs, or in the emission of noise, fumes, odors, smoke, dust, vibrations, or electrical interference that can be observed outside the dwelling. A sign may be displayed for advertising the family daycare facility in accord with the standards set forth in UDC 11-3D-8B. 2. 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. 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 a griculture, Idaho department of environmental quality (DEQ), Idaho department of agriculture, Id aho department of water resources, and Central district health department. 9 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 ACCESSORY USE: TheIn addition to the noticing requirements set forth in subsections 11-2A-2A, the following standards apply to all home occupation accessory uses with the exception that strict adherence to the standards contained in subsections B, C, E, F, G and FH of this section in the TN-C and TN-R districts is not required: A. The home occupation accessory use shall only be allowed as an incidental, secondary use to an allowed residential use. The o perator of the home occupation accessory use shall be responsible for obtaining an accessory use permit, as well as any and all other applicable licenses, permits, or inspections, prior to operating the home occupation accessory use. Where a home occupation accessory use includes the provis ion of lessons or instruction to a group of seven (7) or more students at one time, prior to submittal of an application for an accessory use permit, th e applicant shall hold a neighborhood meeting in accord with subsection 11 -5A-4B of this title. B. Allowed home occupation accessory uses include, but are not limited to: 1. Personal and professional services. 2. Direct sales. 3. Artisan craft production or instruction. 4. Art, dance, music, or other lessons/instruction. 5. Any other similar use, as determined by the Director. C. Prohibited home occupation accessory uses include, but are not limited to: 1. Vehicle repair. 2. Vehicle rental. 3. Vehicle washing. 4. Equipment repair. 5. Equipment rental. 6. Retail sales, except: a. The sale of services or items produced or fabricated on the premises as a result of the home occupation accessory use; b. The sale of products secondarily related to the personal service aspect of the home occupation accessory use; or c. The sale of products sold online that are delivered to customers by mail. 7. Any other use prohibited by the UDC or in violation of the purpose statement of this code, as determined by the Director. A.D. In no way shall the home occupation accessory use emit lighting, signs, or in the emission of noise, fumes, smoke, dust, odors, vibrations, or electrical interference that can be observed outside the dwelling. A sign may be displayed at the dwelling for advertising the home occupation accessory use in accord with the standards set forth in UDC 11-3D-8B. B.E. The home occupation accessory use shall be conducted entirely in the dwelling, and not more than ten percent (10%) twenty five percent (25%) of the overall living area of said dwelling shall be used for a home occupation accessory use or for storing goods associated with the home occupation accessory use. An attached garage shall be included in the calculation of the area of the dwelling for this purpose. 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.F. No activity connected to the home occupation accessory use or any storage of goods, materials, or products connected with a home occupation accessory use shall be allowed in any detached garage or detached accessory structure. D. 10 E. G. The home occupation accessory use shall not have more than two (2) outgoing pick-ups per day from a common carrier. F. H. The home occupation accessory use shall be conducted by the inhabitants of the dwelling, and no more than one nonresident employee shall be permitted at any time. G. I. The home occupation accessory use 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 sol d online that are delivered to customers by mail. I. J. 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. K. All visits by clients, customers, and/or employees shall occur between the hours of eight o'clock (8:00) A.M. and eigh t o'clock (8:00) P.M. K. The home occupation shall only be allowed as an accessory use to an allowed residential use. 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 t raditional 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 combinatio n 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 e xceed 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. 11 Table 11-5A-2 Decision making authority and process by application Clarify which administrative process to follow when applying for an accessory use permit. TABLE 11-5A-2 DECISION MAKING AUTHORITY AND PROCESS BY APPLICATION Application Recommending Body Decision Making Body Process Accessory use for daycare, family None D N Accessory use, home occupation with customers, clients, and/or employees None D N A Accessory use, home occupation with no customers or clients including provision of lessons or instruction to a group of seven (7) or more students None D A N CC = City council A = Administrative D = Director N = Administrative with public notice PZ = Planning and zoning commission PH = Public hearing PM = Public meeting 12 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 pavin g 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 perf ormance 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 lan dscaping, 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 th is 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, i n 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 ar ticle, 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 document s: 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.