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12-1514 City Code ZOA 12-001 UDC Text AmendmentCITY OF MERIDIAN ORDINANCE NO. Id ' lSl `~ BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE AMENDING MERIDIAN CITY CODE AS CODIFIED AT TITLE 11, ENTITLED THE UNIFIED DEVELOPMENT CODE, OF THE MERIDIAN CITY CODE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Unified Development Code is the official .zoning ordinance for the City of Meridian and provides an opportunity to better support the Comprehensive Plan and provide a tool that is relevant and contemporary to the needs of the City; and, WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the health, safety and welfare of its citizens to incorporate changes to the Unified Development Code within the City of Meridian to provide for orderly growth and development and to carry out the policies of Meridian's Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. All references to "Planning Director" or "Director of the Meridian City Planning Department" or "Planning Department Director" in the Meridian City Code Title 11 shall be replaced with "Community Development Director or designee". Section 2. That Meridian City Code Section 11-1A-1, Unified Development Code, be amended in part as follows: 11-1A-1: DEFINITION OF TERMS: *** CONSTRUCTION SAND AND GRAVEL MINING: The use of a site for one or more of the following activities; a) operating commercial grade (i.e., construction) sand and gravel pits; b) dredging for commercial grade sand and gravel; and c) washing, screening, or otherwise preparing commercial grade sand and gravel~excludin crushing operations). DIRECTOR: The director of the Meridian city Community Development department or an authorized representative. . .. . . HEALTHCARE AND SOCIAL SERVICES: The use of a site for ambulatory healthcare services. Included in this use are offices of dentists; physicians; chiropractors; optometrists; mental health practitioners; physical, occupational and speech therapists; audiologists; outpatient care centers; family planning centers, medical and diagnostic laboratories, imaging centers, kidney dialysis centers; blood and organ banks. Social service uses include, but are not limited to, individual and family services; community food and housing, emergency and other relief services; vocational rehabilitation services; services for the elderly and persons with disabilities; vocational rehabilitation services; and emergency and other relief services. APRIL 2012 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE - ZOA-12-001 PAGE 1 OF 30 TOWER, FULL ARRAY: A wireless communication facility that does not qualify as a stealth tower design or a slimline tower design. See Section 11-1A-2, figure 3 of this article. TOWER, SLIMLINE: A wireless communication facility, consisting of a monopole and one or more antennas, on which the antenna panels are narrow and closely spaced with one another atop the monopole and does not exceed the standards set forth in 11-4-3-43. See Section 11-1A-2, figure 3 of this article. TOWER, STEALTH: A wireless communication facility which is disguised as another object or otherwise concealed from view. Examples of stealth facilities include, but are not limited to, street lights, field lights, flagpoles, trees or architectural elements such as dormers, steeples, and chimneys. VEHICLE SALES OR RENTAL AND SERVICE: The sale, rental, trade, or lease of new or used vehicles in operating condition and any repair work or minor service. Repair work or minor service shall include, but not be limited to, replacement of parts (e.g., tires, shocks, brakes, mufflers, windshields, radiators, upholstery), oil change, minor engine repair, tune up, and accessory sales of replacement parts. Any operation specified under the definition of "vehicle repair, major" of this section is excluded. ** Section 3. That Meridian City Code Section 1 I-IA-2, Unified Development Code, is amended to include Figure 3 as follows: ANit~~2012 UN~a~rE jJNlh'IED DEVELOPMEh~"l~ CODE TEX"l~ AMENDM EN"l~ ORDINANCE - Z~A- ~ ~-~~ ~ PAGE ~ OF 3~ Section 4. That Meridian City Code section 11-2A-2 be amended as follows: TABLE 11-2A-2 ALLOWED USES IN THE RESIDENTIAL DISTRICTS Use R-2 R-4 R-8 R-15 R-40 Arts, entertainment or recreation facility, outdoors' - - C C C Cemetery' - C C C C Church or place of religious worship' - - C C C ~_ Civic, social or fraternal organizations' - - C C C Construction sand and gravel mining C C C C C Daycare center' - C C P P r Daycare, family' - A A A C Daycare, group' _ - C P P Dwelling, secondary' A A A A A r Dwelling, single-family attached - C P P P Dwelling, single-family detached P P P P A/C Dwelling, townhouse - C P P C Dwelling, two-family duplex - C P P C Education institution, private' = C C C C Education institution, public' = C C P/C P/C Home, manufactured or mobile subdivision - - C C C Home occupation' A A A A A Laundromat' - - - A A/C Manufactured home park - - - C - Multi-family development12 - - - C C ~. Nursing or residential care facility' - - - C C C Parking facility - - - - C Parks, public and private P P P P P r Personal service - - - - - A Professional service - - - - A Public, infrastructure C C C C C ANit~~2012 UN~a~rE jJNlh'IED DEVELOPMEh'"l~ CODE TEX"l~ AMENDM EN"l~ ORDINANCE - Z(7f~- t ~-~~ t PAGE 3 OF 3~ Public orquasi-public use' Public utility, minor Recreational vehicle park Restaurant Storage facility, outside' Storage facility, self-service' Vertically integrated residential project' Wireless communication facility' Wireless communication facility, amateur radio antenna' - - C C C P P P P P - - - - C - - - - A A A A A A A A A A A - - - C C P/C P/C P/C P/C P/C A/C A/C A/C A/C A/C 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). Section 5. That Meridian City Code section 11-2A-3(D) be amended as follows: 11-2A-3: RESIDENTIAL DISTRICTS STANDARDS: ** D: Encroachments Allowed In Any Setback: 1. Open structures such as porches, canopies, balconies, platforms, covered patios, cornices, eaves or other projections, which do not increase the volume of space enclosed by the building and do not project into any required setback by more than two feet (2'). 2. Chimneys, pop out windows, direct vent gas fireplaces, entertainment centers, window seats and other projections which do not increase the usable floor area and do not exceed eight feet (8') in width may project up to two feet (2') into any required setback. (Ord. 05-1170, 8-30-2005, eff. 9-15- 2005) 3. One detached accessory building that ;~ '',~--~-~ t ; does not exceed one hundred twenty (120) square feet in area and eight feet (8') or less in height shall be allowed in the required rear yard. In no case shall an accessory building be allowed in the street yard or the required side yard. (Ord. 08- 1372, 7-8-2008, eff. 7-8-2008) Section 6. That Meridian City Code section 11-2B-2 Table be amended as follows: TABLE 11-2B-2 ALLOWED USES IN THE COMMERCIAL DISTRICTS ANit~~2012 UN~a~~E jJNlh'IED DEVELOPMEN"I~ CODE TEX"I~ AMENDMEN"r ORDINANCE - Z~A- t Z-off t PAGE 4 OF 30 Use C-N C-C C-G L-O M-E H-E Animal care facility' P P P C C - Artist studio' P P P - - - Arts, entertainment or recreation facility, indoor' P P P C - - Arts, entertainment or recreation facility, outdoor' C P P - - - Arts, entertainment or recreation facility, outdoor stage or music venue - C C - - - Building material, garden equipment and supplies' C P P - - - Cemetery' - - - C - - Church or place of religious worship' P P P P C C Civic, social or fraternal organizations' C C C C - -i Conference center - - P - C P Construction sand and gravel mining C C C C C C Daycare center' A/C A/C A/C P A/C A/C Daycare, family' A A A A - - Daycare, group' P P A P C C' Dispatch center for mobile services' C C P C C - Drinking establishment' C C C - - C Drive-through establishment' A/C A/C A/C - - -i Education institution, private' P P P P P P Education institution, public' P P P P P P Equipment rental, sales, and service' - C C - - - Financial institution' P P P P P A Flex space' - P P - P - Fuel sales facility' C P P - - C' Fuel sales facility, truck stop' - - C - - - Healthcare or social services P P P P P P Home occupation' A A A A - - Hospital' Hotel and motel' C C C P/C P/C P/C - C ANit~~2012 UN~a~rE jJNlh'IED DEVELOPMEh'"l~ CODE TEX"l~ AMENDM EN"l~ ORDINANCE - Z~f~- t ~-~~ t PAGE $ OF 3~ Industry, information' P P P C P P~ Industry, light' - - C C P C' Laundromat' P P P C - - Laundry and dry cleaning P 6 E P - - A Mortuary C P P - - - Multi-family development' - C C - - - Nursery or urban farm' C P P C - - Nursing or residential care facility' C C - C - - Parking facility C C P C C P Parks, public and private P P P P P P Personal service P P P P A A Professional service P P P P P P Public, infrastructure' C C C C C C' Public orquasi-public use' P P P P P P Public utility, minor P P P P P P Recreational vehicle park - - P - - - Research and development facility - - P - P P Restaurant P P P C A A Retail store P P P - A A Retail store, wine and beer sales and servings' P P P - - A Storage facility, outside' A A A - V Storage facility, self-service' - C C - ~ - ~ Vehicle repair, minor' A P P - - - Vehicle sales or rental and service' - C P - - - Vehicle washing facility' C P P - - A Vertically integrated residential project' C P P C - -' Warehouse' - - A - A/C -' Wholesale sales - - A - - - Wireless communication facility' P/C P/C P/C P/C P/C P/C Wireless communication facility, amateur radio antenna' A/C A/C A/C A/C A/C A/C ANit~~2012 UN~a~rE 1,JNIh'IED DEVELOPMEh~"l~ CODE TEX"l~ AMENDM EN"l~ ORDINANCE - Z~f~- ~ ~-~~ ~ PAGE 6 OF 3~ Note: 1. Indicates uses that are subject to specific use standards in accord with chapter 4 of this title. Section 7. That Meridian City Code section 1 1-2B-3A(4) be amended as follows: COMMERCIAL DISTRICTS: 11-2B3: STANDARDS: A. Dimensional Standards: *** 4. Hours of Operation: Business hours of operation within the L-0 and C-N districts shall be limited from six o'clock (6:00) A.M. to ten o'clock (10:00) P.M. Business hours of operation within the C-C and C-G districts shall be limited from six o'clock (6:00) A.M. to eleven o'clock (11:00) P.M. when the property abuts a residential use or district. Extended hours of operation in the C-C and C-G districts may be requested through a conditional use permit. ~i+s These restrictions applyies to all business operations occurring outside an enclosed structure, including, but not limited to, customer or client visits, trash compacting, and deliveries. his These restrictions does not apply to business operations occurring within an enclosed structure, including, but not limited to, cleaning, bookkeeping, and after hours work by a limited number of employees. Section 8. That Meridian City Code section 11-2D2 Table be amended as follows: TABLE 11-2D-2 ALLOWED USES IN THE TRADITIONAL NEIGHBORHOOD DISTRICTS Use O-T TN-C TN-R Artist studio P P - Arts, entertainment or recreation facility, indoors' P C - Arts, entertainment or recreation facility, outdoor stage or music venue C C - Arts, entertainment or recreation facility, outdoors' C C - Building material, garden equipment and supplies' C C ' Church or place of religious worship' P P C Civic, social or fraternal organizations' P C C Conference center P - - Construction sand and gravel mining C C C Daycare center' C C C Daycare, family' A A A Daycare, group' P P C Drinking establishment' C C - Dwelling, secondary' A A A ANit~~2012 UN~a~rE jJNlh'IED DEVELOPMEh'"l~ CODE TEX"l~ AMENDM EN"l~ ORDINANCE - Z~f~- ~ ~-~~ ~ PAGE 7 OF 3~ r Dwelling, single-family attached P P P r Dwelling, single-family detached P C P Dwelling, townhouse P P P Dwelling, two-family duplex P C P r Education institution, private' P C C Education institution, public' P P P/C Financial institution' P P C Healthcare or social services P P - Home occupation' A A A Hospital' C - - Hotel and motel' P/C C - Industry, information' P/C P/C - r Industry, light' C - - - Laundromat' P P A Laundry and dry cleaning ,e ,P ,P Mortuary C C - Multi-family development' P P P Nursing or residential care facility' C C C Parking facility C C - Parks, public and private P P P Personal service P P C Professional service P P C Public, infrastructure' C C l C l s- Public orquasi-public use' P P C Public utility, minor C P P Restaurant P P - r Retail store P P - Retail store, wine and beer sales and servings' P P - Vehicle repair, minor' A - - r Vertically integrated residential project' r P P P APRlL2O~7 UPDATE UNII-'fED DEVELOPMEN"I CODE TEX"I' AMENDMEN"I~ ORDINANCE - ZOA- I Z-COI PAGE $ OE 3~ Wireless communication facility' P/C P/C P/C Wireless communication facility, amateur radio antenna' A/C A/C A/C Note: 1. Indicates uses that are subject to specific use standards in accord with chapter 4 of this title. Section 9. That Meridian City Code section 1 l -2D-6E Figure be amended as follows: 11-2D-6E Figure a5oo~ izo.a~ 50.a' tta.a• 50.a~ . tzo.o• iq m o a M o - - - - - - O N N - - -- T z . 1 1 1 1 1 1 1 1 I I I I I I I ~I l I I I~ I I I I I. 1 I I I I I I l I ! i I I I l I- 1 ,, . - - - - - - - - ~~ ~ I I I I I I I I I f I I I I 1 I ~I i .~ ~I I 1 I I I I I I I I I I f 1 'i I t I I 1 1 I 1 I ~ ~ ~ ~ ~ ~ ~ ~ ~ JJ i ~ ANit~~2012 UN~a~rE jJNlh'IED DEVELOPMEh'"l~ CODE TEX"l~ AMENDM EN"l~ ORDINANCE - Z~f~- ~ ~-~~ I PAGE 9 OF 3~ Section 10. That a new section of Meridian City Code be added, section 11-3A-S(H), to read as follows: 11-3A-8: PATHWAYS: A. Multiuse and micro pathways shall be required consistent with the comprehensive plan within new residential and commercial developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobiles) can be provided throughout the urban service planning area. B. The design and construction of multiuse pathways shall be consistent with the guidelines contained in chapter 3 of the Meridian pathways master plan. C. Right of way for micropathways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks, other residential areas, and/or shopping areas. D. Micropathways shall have easements at least fifteen feet (15') in width in accord with article B, "Landscaping Requirements", of this chapter. E. Micropathways shall be less than two hundred fifty feet (250') or two (2) lot depths in length, whichever is less restrictive, and have a walking surface of at least five feet (5') in width. F. Landscaping adjacent to pathways shall be installed in accord with article B, "Landscaping Requirements", of this chapter. G. Multiuse pathways along utility easements or connecting regional facilities shall have a hard surface area of at least ten feet (10') unless more is needed for utility access. H. All pathways through internal common areas shall be illuminated with a four (41-foot tall bollard style or other appropriate lighting source, unless otherwise waived by the Director. Such lightinq shall be shielded from adioining residences. Section ll. That Meridian City Code section 1 1-3A-12(B) be amended as follows: 11-3A-12: OUTDOOR SERVICE AND EQUIPMENT AREAS: A. Outdoor mechanical equipment (including, but not limited to, heaters and fans) shall not be located within fifty feet (50') of any abutting residential districts. To reduce noise, permanently mounted mechanical equipment shall be enclosed to the maximum extent possible. B. Outdoor utility meters, HVAC equipment, trash dumpsters, trash compaction and other service functions shall be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. Safe access and adequate lightinq should be provided in these areas. Section 12. That a new section of Meridian City Code be added, section 1 l -3B-1(E), to read as follows: ANit~~2012 UNDa~rE UNIh'IED DEVELOPMEh~"l~ CODE: TEX"l~ AMENDMEN"l~ ORDINANCE- Z~l~-~?-oo ~ PAGE ~ ~ OF 30 11-3B-1: PURPOSE: A. The regulations of this article are intended to promote landscaping in the city of Meridian that will improve community livability, preserve the quality of life, and enhance the aesthetic quality, economic viability, and environmental health of the city. B. The city of Meridian recognizes that landscaping can be a significant expense to business people and residents. At the same time, landscaping improves the livability of residential neighborhoods, enhances the appearance and customer attraction of commercial areas, increases property values, improves the compatibility of adjacent uses, screens undesirable views, and can reduce air and noise pollution. C. The intent of these regulations is to achieve a balance between the right of individuals to develop and maintain their property in a manner they prefer and the rights of city residents to live, work, shop, and recreate in pleasant, healthy, and attractive surroundings. D. These regulations are intended to encourage the use of water conserving landscape designs and low water use plant materials and to discourage landscaping that requires high water use for maintenance, such as large expanses of lawn or turf. E,_These regulations are intended to assist in the implementation of CPTED (Crime Prevention Through Environmental Design) strategies to reduce the opportunities of fear and incidence of crime and improve the quality of life. Section 13. That a new section of Meridian City Code be added, section 1 l -3B-5(P), to read as follows: 11-36-5: STANDARDS & INSTALLATION: ** P. Safety: 1. Landscaping shall be designed & installed in such a way as to provide natural surveillance opportunities from public areas and not create hiding places or blind spots. 2. Shrubs and plant material installed in close proximity to windows and entryways should be limited in size and be of slow growing varieties to prevent overgrowth and concealment of windows and entryways creating opportunities for crime. Section 14. That. Meridian City Code section 1 1-3B-9(C)(6) be amended as follows: 11-36-9: LANDSCAPE BUFFERS TO ADJOINING USES: A. Purpose: The requirements in this section shall apply to the landscape buffer to residential and/or nonindustrial uses in section 11-2B-3, table 11-2B-3 and section 11-2C-3, table 11-2C-3 of this title. The landscape requirements in this section are intended to ensure that incompatible, adjoining land uses are adequately protected and are provided an appropriate amount of land separation to conduct permitted uses without causing adverse impact. ANit~~2012 UN~a~rr UNIh'IEDDEVELOPMEh'"I~CODE:TEX"I~I~MENDMEN"1~~12DlNANCE:-Z~f~-~?-~~~ PACiE~ ~ OF3o B. Applicability: The landscape buffer is required in the C-N, C-C, C-G, L-0, M-E, H-E, and I-L districts on any parcel sharing a contiguous lot line with a residential land use. The landscape buffer is required in the I-H district on any property sharing a contiguous lot line with a nonindustrial use. C. Standards: Buffer Materials: The materials within the required buffer between incompatible land uses are regulated as follows: a. Mix Of Materials: All buffer areas shall be comprised of, but not limited to, a mix of evergreen and deciduous trees, shrubs, lawn, or other vegetative ground cover. Fences, walls and berms may also be incorporated into the buffer area as set forth in subsection 11-36-7C2c of this article. b. Barrier Effectiveness: The required buffer area shall result in a barrier that allows trees to touch at the time of the tree maturity. c. Buffer Wall And/Or Fence: Where existing or proposed adjacent land uses cannot be adequately buffered with plant material(s), the city may require inclusion of a wall, fence, or other type of screen that mitigates noise and/or unsightly uses. If a wall or fence at least six feet (6') tall is provided, the planting requirement may be reduced to a minimum of one tree per thirty five (35) linear feet, plus shrubs, lawn, or other vegetative ground cover. d. Chainlink Fencing: Chainlink fencing with or without slats does not qualify as a screening material. Except in the I-L and I-H districts, Chainlink or cyclone fencing is prohibited within required buffers between different land uses. Chainlink may be used beyond the required buffer. 2. Minimum Buffer Size: The width of the buffer is determined by the district in which the property is located, unless such width is otherwise modified by city council at a public hearing with notice to surrounding property owners. The tables of dimensional standards for each district in accord with chapter 2, "District Regulations", of this title establish the minimum buffer size. A reduction to the buffer width shall not affect building setbacks; all structures shall be set back from the property line a minimum of the buffer width required in the applicable zoning district. 3. Pedestrian Access: Landscape buffers shall facilitate pedestrian access from residential development to abutting commercial districts and vice versa. 4. Relationship To Parking Lot Perimeter Requirements: All buffers between different land uses may include any required perimeter parking lot landscape buffers (see subsection 11-3B-8C of this article) when calculating the minimum width of the buffer. 5. Buffers Along Planned Pathways: (Rep. by Ord. 10-1439, 1-12-2010, eff. 1-18-2010) 0 ANit~~2012 UN~a~r~ UNIh'IED DEVELOPME[V'"l~ CODE:TEX"l~ AMENDMEN"l~ ORDINANCE:- Z~l~-~?-~~ ~ PACiE~ ~ OF 3~ Section 15. That a new Meridian City Code section be added, Section 11-3B-13, to read as follows: 11-36-13: LANDSCAPE MAINTENANCE: A. Purpose: The regulations of this section are intended to ensure that all required landscaping is maintained in a healthy, growing condition at all times. B. Applicability: The requirement for landscape maintenance applies in all districts where landscaping has been required. C. Standards: Responsibility: The property owner is responsible for the maintenance of all landscaping and screening devices required by this article. 2. Topping Prohibited: Topping any street tree required by this article is prohibited. 3. Tree Grates: Tree grates shall be widened to accommodate the growing tree trunk and prevent girdling of any trees planted in tree wells within sidewalks or other public right of way. 4. Dead And Diseased Plant Materials: Plant materials that exhibit evidence of insect pests, disease, and/or damage shall be appropriately treated to correct the problem. Dead plant materials shall be replaced. 5. Inspections: All landscaping required by this subsection may be subject to periodic inspections by city officials to determine compliance or to investigate. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) 6. Pruning: The lower branches of trees shall be pruned and maintained at a minimum height of six feet above the ground or walkway surface to afford greater visibility of the area, except as otherwise required herein. Section 16. That. Meridian City Code section 1 1-3C-4 be amended as follows: 11-3C-4: PARKING STANDARDS FOR SINGLE-FAMILY DETACHED, TOWNHOUSES, SECONDARY, DUPLEX AND SINGLE-FAMILY ATTACHED DWELLINGS: A. Use And Design Of Parking Areas: 1. Use Of Parking Spaces: Required parking spaces shall be used for vehicle parking only. 2. Types Of Vehicles; Location Of Parking: Only registered automobiles and motorcycles displaying license plates and current registration may be parked in the required street yard. All other vehicles, including, but not limited to, vehicles without current registration, vehicles without license plates, recreational vehicles, personal recreational items, boats, trailers and/or other vehicles shall only be parked in the rear or side yard and shall be screened by a solid fence, six feet (6') in height. ANit~~2012 UN~a~rE UNIh'IED DEVELOPMEh~"l~ CO DETEX"l~ AMENDMEN"l~ ORDINANCE- Z~l~-~?-oo ~ PAGE 13 OF 30 3. Corner Properties: On comer properties vehicles may be parked in the street side yard where such area is screened by a solid fence, six feet (6') in height; see section 11-3A-7 of this chapter for fencing regulations in street yards. 4. Location Of Parking Spaces Relative To Structure(s): a. Parking spaces for all single-family detached, townhouse, secondary, and duplex dwellings shall be located on the same lot as the use that they are intended to serve. b. Parking for single-family attached dwellings shall be located not more than three hundred feet (300') from the structure(s), except as provided by section 11-3C-7 of this article. 5. Drainage Of Surface Water: All parking and loading areas shall provide property drainage of surface water to prevent the drainage of such water onto adjacent properties or walkways. 6. Type And Number Of Parking Spaces: All parking areas shall be designed and constructed to provide the type and number of off street parking spaces required by section 11-3C-6 of this article. B. Improvements: Except as allowed in subsection B2 of this section, all off street parking areas and driveways into and through a parking area shall be improved with a compacted gravel base, not less than four inches (4") thick, surfaced with concrete or asphaltic pavement. No person shall park, or allow to be oarked, an automobile or motorcycle in the reauired street yard on any surface other than compacted gravel base, not less than four inches (4"1 thick, surfaced with concrete or asphaltic pavement 2. Where the parking area is screened by a solid fence, six feet (6') in height, the off street parking areas and driveways shall be improved with a dustless material, including, but not limited to, vegetation, asphaltic pavement, rock, concrete, pavers, bricks, or recycled asphalt (asphalt grindings). Gravel is not a preferred improvement material because it must be chemically treated every three (3) months to remain dustless. Such surface will only be allowed at the discretion of the director for temporary or short term parking. Section 17. That. Meridian City Code section 1 1-3C-6 Table be amended as follows: TABLE 11-3C-6 REQUIRED PARKING SPACES FOR RESIDENTIAL USE Use And Form Age restricted elderly housing (attached or detached) Number Of Bedrooms (Per Unit) Required Parking Spaces' 0.5 per bed 2+ 2 per dwelling unit; at least 1 in an enclosed ANit~~2012 UN~a~rE UNIh'IED DEVELOPME[V'"l~ CO DETEX"l~ AMENDMEN"l~ ORDINANCE- Z~l~-~?-~~ ~ PAGE 14 OF 30 i garage, other space may be enclosed or a minimum 10 foot by 20 foot parking pads Dwelling, duplex and dwelling, 1 2 per dwelling unit; at least 1 in an enclosed single-family (detached, garage, other space may be enclosed or a attached, townhouse) minimum 10 foot by 20 foot parking pads 213/4 4 per dwelling unit; at least 2 in an enclosed garage, other spaces may be enclosed or a minimum 10 foot by 20 foot parking pad2 5+ 6 per dwelling unit; at least 3 in an enclosed garage, other spaces may be enclosed or a minimum 10 foot by 20 foot parking pad2 1 1.5 per dwelling unit; at least 1 in a covered carport or garage Dwelling, multi-family s (triplex, fourplex, 213 2 per dwelling unit in a covered carport or arage apartments, etc.) 4+ 3 per dwelling unit; at least 2 in a covered carport or garage Dwelling, secondary 1 As set forth above for single-family dwellings as determined by the total number of bedrooms on the property Vertically integrated residential' 1 1.5 per dwelling unit 213 2 per dwelling unit 4+ 3 per dwelling unit Notes: 1. The size of the garage or carport required for dwelling units shall be measured by exterior dimensions and shall be at least 10 feet by 20 feet fora 1 space garage or carport and 20 feet by 20 feet fora 2 space garage or carport. 2. The parking pad shall be measured from edge of sidewalk or edge of paved travel lane (public street, private street, or alley) where no sidewalk exists. 3. For condominium oroiects, the reauired number of parking spaces shall be determined by the director based on the proposed development. If the proposed development is similar to asingle-family development, such standards shall apply. If the proposed development is similar to amulti-family apartment complex, such standards shall apply. 4. The reauired number of parking spaces for the residential portion of a vertically integrated project shall be in addition to that required for non-residential uses as listed in UDC 11-3C-6B. Section 18. That Meridian City Code section 1 1-3D-8(A)(3) is hereby amended as follows: 11-3D-8: BUSINESS IDENTIFICATION SIGNS ANit~~2012 UNDa~rr UNIh'IED ~EVELOPME[V'"l~ CODE: TEX"l~ AMENDMEN"l~ ORDINANCE.- Z~l~-~?-o~ ~ PACiE~ 5 OF 30 A. General Standards For Business Identification Signs: The following standards shall apply to business identification signs in all districts: 1. Abandoned Signs: Except as otherwise provided in this code, any sign and/or sign structure located on property that has been continuously vacant for a period exceeding six (6) months or longer shall be deemed as abandoned. a. An abandoned nonconforming sign and/or sign structure is subject to the standards set forth in section 11-1 B-6 of this title. b. An abandoned conforming sign and/or sign structures may remain. 2. Sign Maintenance And Repair: The owner of any sign and/or the owner of real property on which any sign is located shall maintain such signs and/or sign structures in a state of good appearance, security, safety and repair, including, but limited to, the following: a. Any metal pole covers and sign cabinets shall be kept free of rust and rust stains. b. Any internally illuminated sign cabinets or sign panels that have been damaged shall remain nonilluminated until repaired. c. Any sign that has been damaged to such extent that it may pose a safety hazard shall be repaired or removed immediately. d. Any exposed lamps or ballasts shall be prohibited. 3. Setbacks And Location Of Freestanding And Limited Duration Signs: In all districts, no part of a freestanding and/or limited duration sign, including the footing, shall be located closer than one #+ve feet (1-5') from any street property line and twelve and one-half feet (12.5') from any rear or interior side property line, unless greater separation is required. X :;C Section 19. That Meridian City Code sections 11-3D-9(D)(1) and (5) are hereby amended as follows: 11-3D-9: ADDITIONAL ALLOWANCE FOR SIGNS OF A LIMITED DURATION ** D. Process: 1. The applicant shall obtain a limited duration sign permit through the planning department for seven ,L7,)l fifteen (15), thirty (30), sixty (60), e~ ninety (90), or one hundred twenty (120) day time periods. It shall be unlawful for any person to erect or display on any property a limited duration sign without a valid and current limited duration sign permit 2. In no instance shall a limited duration sign requiring a permit be displayed for more than one hundred twenty (120) days per calendar year per business. ANit~~2012 UN~a~rE UNIh'IEDDEVELOPMEh'"I~CODETEX"I~I~MENDMEN"1~~12DlNANCE:-Z~f~-~?-~~~ PAGE ~flOF3~ 3. The applicant shall obtain a limited duration sign permit for every new and/or renewed limited duration sign to be displayed. 4. Removal of any limited duration sign for any period of time shall not extend the expiration date for such limited duration sign permit. 6-5. Any person displaying or erecting limited duration signs on any property shall obtain the written consent of the property owner and file that consent with the planning department prior to issuance of a permit. Section 20. That Meridian City Code sections 1 1-3G-3(B} be amended as follows: 11-3G-3: STANDARDS: B. Qualified Open Space: The following may qualify to meet the common open space requirements: 1. Any open space that is active or passive in its intended use, and accessible by all residents of the development, including, but not limited to: a. Open grassy area of at least fifty feet by one hundred feet (50' x 100') in area; b. Community garden; c. Ponds or water features; or d. Plaza. 2. Additions to a public park or other public open space area. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) 3. The full area of the landscape buffer along collector streets may count toward the required common open space. 4. Fifty percent (50%) of the landscape buffer along arterial streets may count toward the required common open space. (Ord. 11-1482, 4-26-2011, eff. 5-2-2011) 5. Parkways along local residential streets that meet all the following standards may count toward the common open space requirement: (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) a. The parkway meets the minimum width standard as set forth in subsection 11-3A-17E of this chapter. (Ord. 10-1439, 1-12-2010, eff. 1-18-2010) b. The parkway is planted with street trees in accord with section 11-36-7, "Landscape Buffers Along Streets", of this chapter. ANit~~2012 UNDa~r~ UNIh'IED DEVELOPME[V'"l~ CODE: TEX"l~ AMENDMEN"l~ ORDINANCE.- Z~l~-~?-~~ ~ PACiE~ ~7 OF 30 c. Except for alley accessed dwelling units, the area for curb cuts to each residential lot or common driveway shall be excluded from the open space calculation. For purposes of this calculation, the curb cut area shall be a minimum area of twenty six feet (26') by the width of the parkway. 6. Parkways along collector and arterials that are a minimum of ten feet (10') in width from street curb to sidewalk can be counted toward the open space requirement. Stormwater detention facilities when designed in accord with section 11-3B-11, "Stormwater Integration", of this chapter. 8.Open Water Ponds: Aesthetically designed open water ponds and holding areas may comprise up to twenty five percent (25%) of a required open space area. All ponds with a permanent water level shall meet the following standards: a. The pond shall have recirculated water b. The pond shall be maintained such that it does not become a mosquito breeding ground Section 20. That a new section of Meridian City Code be added, section 11-3G-3(D)(3) to read as follows: 11-3G-3: STANDARDS: ** D. Location 1. The common open spaces and site amenities shall be located on a common lot or an area with a common maintenance agreement. 2. Common open space shall be grouped contiguously with open space from adjacent developments whenever feasible. 3_Common open space & site amenities should be located in areas of high visibility (i.e. along streets, where doors and windows overlook public areas, etc.) to reduce the opportunity for crime. Section 21. That. Meridian City Code section 1 1-4-3-9(A)(4) be amended as follows: 11-4-3-9: DAYCARE FACILITIES: A. General standards for all child daycare and adult care uses, including the classifications of daycare center; daycare, family; and daycare, group: In determining the type of daycare facility, the total number of clients cared for during the day including the operator's children, and not the number of clients at the facility at one time, 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. ANit~~2012 UNDa~rE UNIh'IED DEVELOPMEh~"l~ CODE: TEX"l~ AMENDMEN"l~ ORDINANCE- Z~A-~?-~~ ~ PAGE 1 g OF 30 3. The decision making body shall specify the maximum number of allowable clients and hours of operation as conditions of approval. 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 comply with all State of Idaho and Department of Health and Welfare requirements for daycare facilities. 5. In residential districts or uses adjoining an adjacent residence, the hours of operation shall be between six o'clock (6:00) 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 shall hold a neighborhood meeting in accord with subsection 11-5A-5C 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. 7. The applicant shall not exceed the maximum number of clients as stated in the approved permit or as stated in this title, whichever is more restrictive. Section 22. That a new section of Meridian City Code be added, 1 1-4-3-11(C)(5) to read as follows: 11-4-3-11 : DRIVE-THROUGH ESTABLISHMENT: A. Adrive-through establishment shall be an accessory use where the drive-through facility (including stacking lanes, speaker andlor order area, pick up windows, and exit lanes) is: 1) not within three hundred feet (300') of another drive-through facility, a residential district, or an existing residence; or 2) separated by an arterial street from any other drive-through facility, residential district or existing residence. Otherwise a conditional use permit is required. B. All establishments providing drive-through service shall identify the stacking lane, menu and speaker location (if applicable), and window location on the certificate of zoning compliance or the conditional use permit. C. A site plan shall be submitted that demonstrates safe pedestrian and vehicular access and circulation on the site and between adjacent properties. At a minimum the plan shall demonstrate compliance with the following standards: 1. Stacking lanes shall have sufficient capacity to prevent obstruction of the public right of way by patrons. The stacking lane shall be a separate lane from the circulation lanes needed for access and parking. 3. The stacking lane shall not be located within ten feet (10') of any residential district or existing residence. ANit~~2012 UNDa~rr UNIh'IED ~EVELOPME[V'"l~ CODE: TEX"l~ AMENDMEN"l~ ORDINANCE.- Z~l~-~?-oo ~ PACiE~ 9 OF 30 4. Any stacking lane greater than one hundred feet (100') in length shall provide for an escape lane. 5. The site should be designed so that the drive through is visible from a public street for surveillance purposes. D. The applicant shall provide a six foot (6') sight obscuring fence where a stacking lane or window location adjoins a residential district or an existing residence. Section 23. That a new Meridian City Code section, 11-4-3-17(C), be added as follows: 11-4-3-17: FINANCIAL INSTITUTIONS: A. The location, access and safety features of all automated teller machines (ATMs) shall be subject to review and approval by the Meridian police department, and in accord with the standards set forth in section 11-3A-16 of this title. B. All ATMs shall be deemed an accessory use to a financial institution. C. All approaches and entrances to ATMs should be highly visible and adeauately lit so that people cannot loiter, or enter, without being seen. The addition of security cameras are highly recommended. Section 24. That Meridian City Code section 11-4-3-43 is hereby deleted in its entirety and replaced with the following: 11-4-3-43: WIRELESS COMMUNICATION FACILITY: A. Purpose: The purpose of this section is to accommodate the communications needs of the city of Meridian's residents and businesses while at the same time protecting the safety, aesthetic appeal and general welfare of the community. Furthermore, it is the purpose of this section to regulate the impact of communication towers within the city limits and to provide for the wireless communication needs of the public. The intent of this section is to: 1. Facilitate the provision of wireless telecommunication services to the residents and businesses of the city of Meridian. 2. Minimize the adverse visual effects of communication towers and other similar structures through careful design standards. 3. Avoid potential damage to adjacent properties from the structural failure of towers and other such structures through structural standards and setback requirements. 4. Require the collocation of new wireless communication equipment, when possible, in order to reduce the number of towers required to serve the city. 5. Encourage the location of wireless communication facilities in non-residential districts and/or districts where non-residential uses are allowed. 6. Encourage the construction of stealth communication towers which are compatible with their surroundings and do not detract from the overall visual quality of the city B. Applicability: The following provisions shall apply to anv construction, installation, addition to or increase in the height of any wireless communication tower. C. Process: The process for wireless communication facilities is dependent upon standards as set forth in this section and the district in which the facility is located. ANit~~2012 UN~a~rE UNIh'IED DEVELOPMEh~"l~ CO DETEX"l~ AMENDMEN"l~ ORDINANCE- Z~l~-~?-~~ ~ PAGE Zo OF 30 1. All__proposed communication towers shall be designed (structurally and electrically) to accommodate the applicant's antennas as well as collocation for at least one (1) additional user. 2. A proposal for a new commercial communication tower shall not be approved unless the decision making body finds that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved structure and/or tower. 3. It shall be the burden of the applicant to demonstrate the proposed tower or antenna cannot be accommodated on an existing or approved tower or structure. One or more of the follgwing documentation shall be provided as proof that the new tower is necessary: a. Unwillingness of other tower or facility owners to entertain shared use. b. The proposed collocation of an existing tower or facility would be in violation of any state or federal law. c. The planned equipment would exceed the structural capacity of existing towers, as documented by a qualified and licensed structural engineer. d. The _planned equipment would cause interference, materially impacting the usability of other existing or planned equipment on the tower as documented by a qualified and licensed engineer. e. Existing or approved towers cannot accommodate the planned eauipment at a height necessary to function reasonably as documented by a qualified Radio Freauency engineer. 4. Collocation of new eauipment shall meet the following standards: a. Collocation of new equipment on an existing approved tower within any district shall be deemed a principal permitted use and shall require a certificate of zoning compliance prior to installation. b. Any new eauipment shall be mounted to the following: i. Existing poles or streetlights ii. Buildin s iii. Towers c. Where the applicant does not own the supporting structure, antennas attached to support structures shall be allowed only after securing written documentation from the owner and other responsible parties, as applicable. d. Streetlight mounted antennas shall meet the following standards: i. Streetlights or poles with attached antennas shall be separated by a minimum of five hundred feet (500'). ii. Antennas attached to streetlights or other city owned poles shall be constructed so the existing foundation can supaort the antenna and the pole. The public works director shall determine if the benefit derived from the new antenna is greater than the maintenance and increased utility fees associated with the antenna. iii. Antennas attached to streetlights or poles shall not exceed ten feet (10'1 above the structure. iv. Antennas attached to streetlights shall be designed to be architecturally compatible with the structure or to match the color of the streetlight or pole and shall be attached only to Meridian standard streetlights (not on ornamental fixtures). e. Roof mounted antennas shall meet the following standards: i. Roof mounted antennas shall only be allowed on structures with commercial, industrial, or allowed non-residential uses. ANit~~2012 UN~a~r~ UNIh'IEDDEVELOPMEh'"I~CODE:TEX"I~I~MENDMEN"1~~12DlNANCE:-Z~f~-~?-~~~ PACiE2~ OF3~ ii. Roof mounted antennas shall only be located on a flat roof and shall be screened, constructed, and/or colored to match the structure to which the antenna is attached. iii. All roof mounted antennas shall be screened as viewed from the farthest edge of the adioining right of wav. Wall mounted antennas shall meet the following standards: i. Wall mounted antennas shall be allowed only on structures with commercial, industrial, or allowed non-residential uses. ii. Wall mounted antennas shall not extend above the wall line of the structure. iii. Wall mounted antennas shall not exceed 40 square feet in size and the maximum distance from the wall shall not exceed 4 feet per sector. iv. A maximum of four (4) wall mounted antennas shall be allowed per structure per sector. vi. architecturally compatible with the building. g. Anv facilities not meeting these standards shall require approval of a conditional use permit, in addition to any other necessary permits. 5. Stealth tower facilities shall meet the following standards: a. Stealth towers in residential districts with allowed non-residential uses shall require conditional use permit approval. In all other districts. stealth towers shall be deemed a principally permitted use and shall require a certificate of zoning compliance prior to installation. b. Facilities shall meet the setbacks of the zoning district, except for facilities on a property abutting a residential use or a public right-of-wav shall be setback a distance equal to the height of the tower. c. Anv facilities not meeting these standards shall require approval of a conditional use permit, in addition to any other necessary permits. 6. Slimline Tower Facilities shall meet the following standards: a. Slimline towers in residential districts with allowed non-residential uses shall require conditional use permit approval. In all other districts, slimline towers shall be deemed a principally permitted use and shall require a certificate of zoning compliance prior to installation. b. Facilities on a property abutting a residential use shall be setback a minimum of one hundred fifty feet (150'1. c. Facilities in all other districts shall meet the setbacks of the zoning district, except for facilities on a property abutting a public right-of-way shall be setback a distance equal to the height of the tower. d. The maximum visible width of antennas and antenna support structures on a slimline tower shall not exceed eight feet (8') in height and four feet (4') in width. e. Any facilities not meeting these standards shall require approval of a conditional use permit, in addition to any other necessary permits. 7, Full Array Tower Facilities shall meet the following standards: a. Full array towers in industrial districts shall be deemed a principally permitted use and shall require a certificate of zoning compliance prior to installation. Full array towers are prohibited in all other districts. b. Facilities on a property abutting a residential use shall be setback a minimum of one hundred fifty feet (150'). ANit~~2012 UN~a~r~ UNIh'IED ~EVELOPME[V'"l~ CODE:TEX"l~ AMENDMEN"l~ ORDINANCE:- Z~l~-~?-~~ ~ PACiE27 OF 3~ c. Facilities on a propertv abutting a public right-of-wav shall be setback a distance equal to the height of the tower. d. Any facilities not meeting these standards shall require approval of a conditional use permit, in addition to any other necessary permits. 8. Lattice or guyed designed structures are prohibited. 9. Amateur Radio Antennas (i.e., HAM Radio Antennas) shall meet Amateur Radio Antennas (i.e., HAM Radio Antennas) shall meet the following standards: a. Towers supporting amateur radio antennas that do not exceed the maximum building height limit for the district in which they are located shall be deemed an accessory use and shall require certificate of zoning compliance approval prior to installation. b. Towers supporting amateur radio antennas that exceed the building height limit for the district in which they are located shall require conditional use approval. c. Within residential districts, no towers supporting amateur radio antennas shall be placed within the required front, side or street side yard. d. Within nonresidential districts, towers supporting amateur radio antennas on a property abutting a residential district with a residential use, a residential district, or a public right-of-wav shall be setback a minimum of one hundred fifty feet 1( 50,1• 10. All other wireless communication facilities that do not meet the standards as set forth in this section shall require conditional use approval. D. .Required Documentation: The applicant shall provide the following documentation with the request for approval of a wireless communication facility: 1. For all wireless communication facilities, a letter of intent committing the tower owner and his, her or its successors to allow the shared use of the tower, as required by this section, if an additional user agrees in writing to meet reasonable terms and conditions for shared use. 2. Propagation charts showing existing and proposed transmission coverage at the subject site and within an area large enough to provide an understanding of why the facility needs to be in the chosen location. 3. A statement regarding compliance with regulations administered and enforced by the federal communications commission (FCCI and/or the federal aviation administration (FAA). E. Design Standards: All new communications towers shall meet the following minimum design standards: 1. All towers shall be designed to be architecturally compatible with the surrounding buildings and land uses in the zoning district, or otherwise integrated to blend in with existing characteristics of the site. 2. The facility shall be painted a neutral, non-reflective color that will blend with the surrounding landscape. Recommended shades are gray, beige, sand, taupe, or light brown. All metal shall be corrosive resistant or treated to prevent corrosion. 3. All new communication tower facilities shall be of stealth or monopole design, unless the decision making body determines that an alternative design would be appropriate because of location or necessity. 4. No part of any antenna, disk, array or other such item attached to a communications tower shall be permitted to overhang any part of the right of wav or propertv line. 5. The facility shall not be allowed within any required street landscape buffer. 6. All new communication tower facility structures require administrative design review approval, in addition to any other necessary permits. Structures contained within an underground vault are exempt from this standard. 7. Any equipment at ground level shall be screened by a sight obscuring fence or structure. ANit~~2012 UN~a~r~ UNIh'IED ~EVELOPME[V'"l~ CODE:TEX"l~ AMENDMEN"l~ ORDINANCE:- Z~l~-~?-~~ ~ PACiE23 OF 3~ 8. All tower facilities shall include a landscape buffer. The buffer shall consist of a landscape strip of at least five feet (5') wide outside the perimeter of the compound. A minimum of fifty percent (50%) of the plant material shall be of an evergreen variety. In locations where the visual impact of the tower is minimal, the applicant may request a reduction to these standards through the alternative compliance process in accord with chapter 5, "Administration", of this title. 9. All climbing peps within the bottom twenty feet (20') of the tower shall be removed except when the tower is being serviced. F. Abandoned Or Unused Towers Or Portions Of Towers: All abandoned or unused towers and associated facilities shall be required to be removed within sixty (60) days of cessation of use as a wireless communication facility, unless a time extension is granted by the city council. A copy of the relevant portions of a signed lease, which requires the applicant to remove the tower and associated facilities upon cessation of the use as a wireless communication facility, shall be submitted at the time of application and resubmitted upon renewal or termination. In the event that the tower and associated facilities are not removed within the sixty (60) days, the tower and associated facilities may be removed by the city and the costs of removal assessed against the real property. Section 25. That Meridian City Code sections 1 1-SA-5(C) and (D)(1) are hereby amended as follows: 11-5A-5: PUBLIC HEARING PROCESS: ** C. Neighborhood Meetings: 1. Applicants for ~er~its applications requiring a public hearing are required to hold a neighborhood meeting to provide an opportunity for public review of the proposed project prior to the submittal of an application, except a neighborhood meeting is not required for city council review, a vacation, andlor short plat. 2. Notice of the neighborhood meeting shall be provided to all property owners of record within three hundred feet (300') 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 five (5) days prior to the submittal of an application. D. Posting of Public Hearing Notice: 1. Required: All applicants for s applications requiring a public hearing shall post the subject property, except posting is not required for a unified development code text amendment, comprehensive plan text amendment, vacation, comprehensive plan map amendment initiated by the city, andlor short plat. ** Section 26. That Meridian City Code section 1 1-SB-3 is amended as follows: 11-5B-3: ANNEXATIONS AND REZONES: ANit~~2012 UN~a~r~ UNIh'IED DEVELOPME[V'"l~ CODE:TEX"l~ AMENDMEN"l~ ORDINANCE:- Z~A-~?-~~ ~ PACiE24 OF 30 A. Purpose: The purpose of this section is to establish procedures for annexations and rezones, including amendments to the official zoning maps. B. Applicability: The provisions of this section shall apply to all lands within the legally defined Meridian city limits, the Meridian area of city impact, and all other annexable properties as set forth in Idaho Code section 50-222. C. Process: Annexation and/or rezone initiated by council: The city council shall follow the procedures for annexation as set forth in Idaho Code section 50-222. 2. Annexation and/or rezone initiated by property owner: The applicant shall complete a preapplication conference with the director prior to submittal of an application for an annexation and/or rezone. An application and fees, in accord with article A, "General Provisions", of this chapter, shall be submitted to the director on forms provided by the department. 3. . If the annexation and zoning request is not accompanied by a plat, conditional use permit, or planned unit development, the applicant shall provide a conceptual development plan that depicts streets, access points, parking, and location of building, unless waived by the City Council. 4.The council shall apply the standards listed in subsection D of this section and the findings listed in subsection E of this section to review the annexation and/or rezone request. D. Standards: 1. The subject property shall meet the minimum dimensional standards of the proposed district. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) 2. The city may require a development agreement in conjunction with the annexation or rezone pursuant to Idaho Code section 67-6511A. When required, said development agreement shall be signed by the property owner and returned to the city within two (2) years of the city council granting annexation and/or rezone. (Ord. 10-1463, 11-3-2010, eff. 11-8-2010) a. The termination of a development agreement shall result in the reversal of the official zoning map amendment approval and applicable development approval for any undeveloped portion of property subject to the development agreement. The undeveloped property subject to the development agreement shall be rezoned to the district classification in effect prior to approval of the development agreement. b. Any action by the council to amend or terminate a previously recorded development agreement shall be recorded in the office of the Ada County recorder by the clerk to the council. E. Required Findings: Upon recommendation from the commission, the council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the council shall make the following findings: ANit~~2012 UN~a~r~ UNIh'IED DEVELOPME[V'"l~ CODE:TEX"l~ AMENDMEN"l~ ORDINANCE:- Z~l~-~?-~~ ~ PACiE25 OF 3~ 1. The map amendment complies with the applicable provisions of the comprehensive plan; 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including, but not limited to, school districts; and 5. The annexation (as applicable) is in the best interest of city. F. Development Agreement: 1. The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. 2. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with chapter 5, "Administration", of this title. When approved, said development aareement shall be sianed by the property owner(s) and returned to the city within two (21 years of the city council grantina the modification. 3. A modification to the development agreement may be initiated prior to signature of the agreement by all parties andlor may be requested to extend the time allowed for the agreement to be signed and retumed to the city if filed prior to the end of the two (2) year approval period. Section 27. That. Meridian City Code section 1 1-SB-5 Table be amended as follows: TABLE 11-5B-5 ALTERNATIVE COMPLIANCE Permit Section Common driveway 11-6C-3 Fence requirements 11-3A-7 Height maximum in commercial districts 11-26-3 Height maximum in industrial districts 11-2C-3 Height maximum in TN-C district 11-2D-5 Landscape buffer for wireless communication facilities 11-4-3-43E ANit~~2012 UNDa~rE UNIh'IED DEVELOPMEh~"l~ CODE: TEX"l~ AMENDMEN"l~ ORDINANCE- Z~l~-~?-~~ ~ PAGE Z6 OF 3~ Landscape requirements 11-3B Landscaping for base of freestanding sign 11-3D-8 Lighting standards for pathway along State Highway 55 11-3H-4C3 Outdoor lighting requirements 11-3A-11 Parking and loading plan requirements 11-3C-5 Parking requirements 11-3C-6 Private street standards 11-3F-4 Projecting sign allowance 11-3D-8E and F Sign location in the 0-T district 11-3D-5 Structure and site design review standards 11-3A-19 Section 28. That. Meridian City Code sections 11-SB-6(G) is amended as follows: 11-5B-6: CONDITIONAL USES: ** G. Transfers and Modifications: 1. Conditional use permits are an entitlement to the specific property on which the approval was granted and upon property sale the entitlement transfers to the new owner(s) without further application or approval, provided, however, the new owner(s) shall be bound by the same time limits and conditions of approval as the original permit holder(s). A conditional use permit is not transferable from one property to another. 2. The director may approve or deny specified minor modifications, provided such modifications were not the subject of review during the original public hearing and will not adversely impact adjacent properties. Such minor modifications include, but are not limited to, the following: a. A reduction in density not exceeding twenty five percent (25%) of the total units. b. Minor relocation of dwelling units or building pads for practical reasons such as road alignment, topography or access. c. Minor changes to the recreation area or open space design, but not elimination or reduction in area. d. Increase in building square footage, not exceeding twenty percent (20%), provided that the parking and landscaping requirements are met. 3. All other modifications shall be considered by the planning and zoning commission at a public hearing. The commission may modify the conditions, limitations and/or scope of the permit, in accord with the limitations and requirements of subsection F of this section. ANit~~2012 UN~a~rr UNIh'IED DEVELOPME[V'"l~ CODE:TEX"l~ AMENDMEN"l~ ORDINANCE:- Z~l~-~?-~~ ~ PACiE27 OF 30 4. A change in ownership #er of a daycare facility for children shall require the new applicant or owner to comply with the specific use standards listed in 11-4-3-9 DAYCARE FACILITY Section 29. That. Meridian City Code section 1 1-SB-8 be amended as follows: 11-5B-8: ADMINISTRATIVE DESIGN REVIEW A. Purpose: 1. To produce attractive developments with unique character and quality architectural design. 2. To minimize the impact of the scale, bulk and color of large structures on surrounding properties. 3. To encourage high quality building design that employs the use of good design principles and features quality, durable materials. 4. To protect the safety and convenience of pedestrian access within developments and to build attractive pedestrian amenities. 5. To provide greater attention to the design and location of structures in relationship to the surrounding street. 6. To locate noise generating activities away from any adjacent residential uses. 7. To create attractive and quality designed structures reflecting the unique character of Meridian along the city's entryway corridors. 8. To promote quality growth patterns that support economic development and the efficient use of resources. 9. To guide the design of structures, not control the type, intensity or density of the use. (Ord. 09- 1394, 3-3-2009, eff. retroactive to 2-4-2009) B. Applicability: 1. Administrative design review shall be required for all new commercial, industrial, institutional, public or quasi-public development subject to conditional use, certificate of zoning compliance and/or building permit approval, except development meeting one or both of the following standards shall be exempt: a. The structure and/or addition is fully screened from view from all abutting property lines; b. The structure and/or addition is less than one hundred twenty (120) square feet in area and is not visible from a public street, private street, or abutting residence; and/or c. No exterior improvements are proposed. (Ord. 11-1482, 4-26-2011, eff. 5-2-2011) ANit~~2012 UN~a~rE UNIh'IED DEVELOPMEh~"l~ CO DETEX"l~ AMENDMEN"l~ ORDINANCE- Z~l~-~?-~~ ~ PAGE Zg OF 3~ 2. Administrative design review shall be required for all new attached residential structures containing two (2) or more dwelling units. Administrative design review shall not apply to the construction, addition, removal, or modification of detached single-family homes and/or secondary dwellings unless required as part of a development agreement. 3. Administrative design review shall be required for all exterior building alterations, including, but not limited to: the addition, removal, or modification of architectural elements, such as doors, windows, awnings, and arcades; building remodels where all or a portion of a structure is modified, including entrances, facades, rooflines, and building expansions; a change in exterior materials and/or color scheme; or any other alteration that modifies the exterior appearance of the building, approved conditions, and/or the requirements in this title and/or the "City Of Meridian Design Manual". 4. Administrative design review shall be required for all site alterations, including, but not limited to: the addition, removal, or modification of site improvements and/or features, such as access, parking, and landscaping, or any other alteration that modifies the site, approved conditions, and/or the requirements in this title and/or the "City Of Meridian Design Manual". 5. Administrative design review shall not apply to interior tenant improvements. C. Process: 1~. For projects requiring only certificate of zoning compliance approval, the applicant shall submit a written application for administrative design review concurrent with the certificate of zoning compliance application 2~. An application and fees, in accord with article A, "General Provisions", of this chapter, shall be submitted to the director on forms provided by the planning department. 34. The director shall apply the standards listed in section 11-3A-19 of this title and the guidelines as set forth in the "City Of Meridian Design Manual" to review the administrative design review request. 4~5. The administrative design review approval shall be exercised with the approval period of the underlying permit or the approval shall expire. For example, if the underlying permit is a conditional use permit, the design review approval will expire two (2) years after approval. D. Required Findings: In order to grant approval for an administrative design review, the director shall determine that the proposed structural and/or site designs conform to the standards and meet or exceed the intent of the "City Of Meridian Design Manual". Section 30. That all other provisions of Title 11 as they relate to the Unified Development Code remain unchanged. Section 31. That pursuant to the affirmative vote of one-half (1 /2) plus one (1 } of the Members of the full Council, the rule requiring two (2) separate readings by title and one APRI ~ ?0 12 UN~a rt. UNIFIED DEVELOPNIEN"l~ CODE TEX"I~ ANIENDMEN"l~ ORDINANCE: - ZOA-I2-OOI PAGE 79 OF 3O (1) reading in full be, and the same is hereby, dispensed with, an accordingly, this 2012. APPROVED: ' n ~ 2012. Ordinance shall be in full force and effect o PASSED by the City Council of the City of Meridian, Idaho, this day of 2012. APPROVED b the Ma or of the Ci of Meridian Idaho, this ~ da of Y Y ~' ~ Y ATTEST: TAMMY WE AYOR APRIL 2012 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE - ZOA-12-001 PAGE 30 OF 30 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE N0. 12- AN ORDINANCE AMENDING MERIDIAN CITY CODE AS CODIFIED AT TITLE 11, ENTITLED THE UNIFIED DEVELOPMENT CODE, OF THE MERIDIAN CITY CODE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. The full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway, Meridian, Idaho. This ordinance shall become effective upon its passage and publication. o z~DAU~~s r ~ _ n o / ~ / 1 /1 "r u~ `~ ' `~~ '' City of Ci of Me d an E IDIAN~- Mayor and lty Council .a IDAHO ~~ ~~ ~ By: Jaycee Holman, City Clerk ~~ ~~ r~~ • f r s~~'~'~~ ~~ ra~~ First Reading: S~ ~~ ~ I ~.. Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code ~ 50-902: YES / NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE N0. 12- S/ The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance no.12- ~ of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). . ~~-- DATED this ~~ da of , 2012. Y ~.. William. L.M. Nary, City Attorney APRIL 2012 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE -SUMMARY PAGE l OF 1