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PZ - Proposed Text Changes Proposed UDC Text Amendments UDC Section Topic Reason for Change Proposed Change 11-1-11 Code Enforcement Code Enforcement would like to clarify some of the grey 11-1-11: CODE ENFORCEMENT: areas or close loop-holes in various sections of code. A. Duty To Enforce: 1. It shall be the duty of the Community Development Director or designee to interpret this title. 2. It shall be the duty of the Code Enforcement Division of the Police Department to enforce the regulations of this title, as set forth in this section. Code Enforcement Officers may call upon the services of the Planning, Fire, Parks or other appropriate City departments to assist in enforcement. 3. It is the intent of this title to place the obligation of complying with its requirements upon the owner, occupier or other person responsible for the condition of the land and buildings within the scope of this title. B. investigation: believes does not cemply with the standaFds and requirements of this 2. !�, afteF investigation, it is deteF-m-ined-that the St_ABd__AFdS OF FequiFem-ent-s' efthiS title have been violated, a Code Enfer-cement Officer-shall serve a netice Of violation upon the Owner-, tenant OF otheF per-sea responsible foF the eenditien. The notice Of violation shall state separately each standaFd or- - . . A violatedj shall--st-Ate%xh-at ce-F-r-ective aetion, if any, is neeessaFy to comPly with the standaFds . . ents; and shall set a r-easenable time foF cempliance. The notice shall state that any fuFthe,-..;el-ation r,, „lt; CFiMinal p „t;e„ an /ff e .il penalties. b. Regular-mail to such owner-, oce-Fi—, — F-r-son in ehaFge OF contr-el of the pr-apeFt­y, at the -ad--FeSS, sh., yp the l-Ast-avail-Able assessment Fell OF as .,theFlA se LFIE) R; O e. Posting such ne-tice and ordeF at A place on the pr-epeFty and publishing one netiee in the official newspaper-Of the G"that the pr-eper-ty has been posted in accordance with this remedy the vielation by the given date. (OFd.T 1833, ''�°) 6/1/2020 11-1-11 Cont. Code Enforcement r Extension of Compliance Date. 1. The Community Development Dir-eetoF oF designee may gFant a r-easenable extension of time far- compliance with any netiee OF EWdef-j-Ah-the. pending eF final, upon Anding that subst-anti-al progress taNyar-d compliance has been made and that the public will not be adveFsely affected by the 2.An extensien of time may be Fevaked by the Community Development DiFeetOF OF EleSignee if it JS 1 5 14,5T62012, eff-. 9 21 2012) changed,a. The ceaditions at the time the extension was granted have 05 1 1 eff 9_1 [_2049- h. Thp Code Fpfi4reemept Affieep determines that a paFty is n0t PE40........ --tive actions as 2005, e€f. 9 19 20055; a ""rl. Ord. 1-2- 1514, 5z6 012, eff-. 5z1 2012) r Tf t t rT ff t the b.l' czr 2Xc8-H�iiTrrC-��c1�n"'civ'cc��cnccc-v-rrcrri=p'i��'rmie;- The date of revocation shall then be consideFed as the compliance date. (Or-d. 05 1170, 8 30- r eff. Q is 2009) B13. Revocation Of Conditional Use Permit: 1.A conditional 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, 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 opportunity 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 its decision to revoke the conditional use permit. If the Council does not decide to revoke the permit, no findings of fact and conclusions of law shall be made. 6/1/2020 11-1-11 Cont. Code Enforcement C-9. 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 written 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 an 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 within 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 applicant 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 issue written findings supporting such decision. The City Council's decision on such appeal shall be a final decision. (Ord. 18-1762, 1-23-2018) 11-1-12 Penalties Code Enforcement would like to clarify some of the grey 11-1-12: PENALTIES: areas or close loop-holes in various sections of code. A. comply with any of the f this title shall be subject to CFiminal PFOseeutien and up any of the pFovisioas of this title shall constitute ^ separate offense. A violation of, or failure to comply with, any provision of this title shall be unlawful.Any person violating or failing to comply with any of the provisions of this title shall be subject to the following penalties: 1.A first conviction of a violation or failure to comply with a provision of this title shall be an infraction .punishable by a fine of twenty-five dollars ($25.00) plus court court costs. 2.A second conviction,within a period of five (5) years, of a violation or failure to comply with a provision of this title shall be an infraction punishable by a fine of fifty dollars ($50.00) plus court costs. 3.A third or subsequent conviction,within a period of five (5)years, of a violation of or failure to comply with a provision of this title shall be a misdemeanor. 4. The failure to pay a fine for an infraction penalty assessed pursuant to this section shall be a misdemeanor. Each day of noncompliance with any of the provisions of this title shall constitute a separate offense. 11-4-3-38 Specific land use name Consistency with use name in Allowed Use tables (Ch. 2). 11-4-3-38: Vehicle Sales or Rental and Service: change -Vehicles Today, the name of this land use in Chapter 2 includes Sales/Rental/Service vehicle service; add to name in specific use standards (Ch. 4). 6/1/2020 11-5A-61)2a Public Hearing posting Instead of 4'x 4'which seems to be overkill, require 18" requirements for x 24" for"smaller" applications. a. Conditional use permit applications for daycare, group; city council review of accessory uses in Council Review residential districts; and annexation, preliminary plat,variance, rezone, and comprehensive plan daycares and other amendment applications for properties of land less than wee-(3) two 2 acres in size: The applicant similar,Accessory Use shall post a sign consisting of one 11 inch by 1 7 inch one (1) 18-inch by 24-inch piece of paper mounted applications to a rigid surface of at least equal size, or other material stating the name of the applicant, a statement concerning the proposed development, and the date,time and location of the public hearing. 11-SA-6C Invite property owners The public wants to be involved earlier in the project C. Neighborhood Meetings: from further away to development process so their voice can be better neighborhood meetings considered in design, particularly for residential 1.Applicants for applications requiring a public hearing are required to hold a neighborhood meeting to &hold the meeting no projects. Five days does not really provide much closer than 10 days opportunity for an applicant to consider feedback from provide an opportunity for public review of the proposed project prior to the submittal of an before submittal the neighbors to potentially incorporate into their plans application, except a neighborhood meeting is not required for city council review, a vacation, and/or before submittal. short plat. 2. Notice of the neighborhood meeting shall be provided to all property owners of record within twee hund-ve-d five hundred feet (3500') of the exterior boundary of the application property. Notice of the meeting shall be either hand delivered or mailed to the recipients. 3. Notice of the meeting shall be provided at least five (5) days prior to the meeting. The meeting shall be held not more than three (3) months or less than fve ten (5�10) days prior to the submittal of an application. 4. The neighborhood meeting shall be held on a Monday, Tuesday,Wednesday, or Thursday (excluding- holidays), and the meeting shall start between 6:00 p.m. and 8:00 p.m. S. The neighborhood meeting must be held at a location within five 5 miles of the proposed proJect site or at Meridian city hall. 6/1/2020 11-SA-6E Similar to 11-SA-6C - E. Mailing And Publishing Of The Public Hearing Notice: notice property owners for public hearings 1. Legal Notice: At least fifteen (15) days prior to the public hearing, the city shall publish a notice of the within 500' time and place and a summary of the application in the official newspaper of general circulation in Ada County. 2. Radius Notice: a. Time Of Notice: At least fifteen (15) days prior to the public hearing, the city shall send a notice by first class mail of the time and place, and a summary of the application to property owners or purchasers of record (as listed in the current records of the Ada County assessor) owning property within thFee hundFe-d five hundred feet (3500') of the property being considered. b. Notice Extended: The noticing shall be extended to property owners within one thousand feet (1,000') of the external property boundaries for heavy industries and wireless communication facilities. c. Notice To Properties Farther From External Boundaries: The director may determine, or other applications provided for in this title may require,that notices be sent to property owners or purchasers of record whose properties are farther than thFee hundred feet (300') or- r *setts., feet (1,0004 from the external boundaries of the property than those listed herein. 11-SA-6H Timeline and Standards The City is receiving a lot of information, from the public,H. Written Testimony: Written testimony submitted for inclusion in the record of any public hearing shall (NEW for Receiving Public applicant and other agencies, late in the process. To be submitted to the city clerk by noon on the day prior to the day on which the public hearing is SECTION) Testimony ensure written testimony is received in a timely manner scheduled. to be considered by the decision making body, a deadline for submittal is needed. 6/1/2020 11-6C-3134 Subdivision street To clear up the intent of restricting dead-end street lengths and names lengths to 500'. B. Streets: 4. Cul De Saes. Terminal Cul-De-Sacs and Dead End Streets: a. No streets or series of streets that ends in a cul-de-sac or a dead end shall be longer than five hundred feet (500') except as allowed in subsection b of this section. b. The City Council may approve a dead end street up to seven hundred fifty feet (750') in length where an emergency access is proposed: or where there is a physical barrier such as a steep slope, railroad tracks, an arterial roadway, or a large waterway that prevents or makes impractical extension; and where a pedestrian connection is provided from the street to an adjacent existing or planned pedestrian facility. c. Cul-de-sac streets may serve a maximum of thirty (30) dwelling units. d. The length of a cul-de-sac street shall be measured from the near edge of the right of way to the center of the turnaround. 6/1/2020