HomeMy WebLinkAbout557 Amending Zoning Ordinance
AMBROSE,
FITZGERALD
& CROOKSTON
Allorneys and
Counselors
P.O. Box 427
Merldlan,ldaho
83642
Telephone 888-4461
.
.
ORDINANCE NO. 5£7
,
AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING CHAPTER 2,
ZONING ORDINANCE, AND CHAPTER 9, SUBDIVISION AND DEVELOPMENT
ORDINANCE, BOTH OF TITLE 11, OF THE REVISED AND COMPILED
ORDINANCES OF THE CITY OF MERIDIAN, WHICH AMENDMENTS DO THE
FOLLOWING: 1) REGARDING THE ZONING ORDINANCE, IT CHANGES THE
JURISDICTION OF THE ZONING ORDINANCE FROM THE AREA OF IMPACT TO
THE LAND THE CITY HAS JURISDICTION OVER PURSUANT TO THE AREA OF
IMPACT AGREEMENTS; AMENDS SECTION 11-2-403 B. DEFINITIONS BY
ADDING, DELETING, AMENDING AND PUNCTUATING SOME OF THE
DEFINITIONS; REPEALS SECTION 11-2-404 C. 1. AND RE-ENACTS SAID
SECTION TO DELETE THE REQUIREMENT THAT A PLANNING AND ZONING
COMMISSION MEMBER SHALL BE ADDED FOR EACH ADDITIONAL 5,000
INCREASE IN POPULATION AND TO SET THE TERM OF OFFICE OF
COMMISSIONERS AT SIX YEARS; AMENDS SECTION 11-2-404 C. 2. BY THE
ADDITION THERETO OF THE POWER BY THE COMMISSION TO APPOINT HEARING
EXAMINERS; AMENDS SECTION 11-2-404 D. 1. BY THE ADDITION THERETO
OF TWO SUBSECTIONS GIVING THE COUNCIL POWER TO APPOINT HEARING
EXAMINERS AND TO PERFORM DUTIES AS REQUIRED BY THE ZONING
ORDINANCE; AMENDS SECTION 11-2-405 C. 1. AND 2 BY DELETING THE
WORDS "CONDITIONAL USE" THEREFROM AND INSERTING "VARIANCE"; AMENDS
SECTION 11-2-406 C. BY DELETING THE WORDS "OR AMENDMENT" AND
INSERTING THE PHRASE "APRIL 2, 1984"; AMENDS SECTION 11-2-407 B.
2. d. TO DELETE AN "0" AND INSERT THE WORD "OR"; AMENDS SECTION
11-2-407 C. TO DELETE THE WORD "AGRICULTURAL"; REPEALS SECTION
11-2-408 B. 1., LOW DENSITY RESIDENTIAL DISTRICT, AND RE-ENA~TS
SAID SECTION, AND AMENDS SECTION 11-2-409, ZONING SCHEDULE OF USE
CONTROL, A., RESIDENTIAL, SO BOTH STATE THAT ONLY SINGLE-FAMILY
DWELLINGS, PUBLIC SCHOOLS, AND PLANNED RESIDENTIAL DEVELOPMENTS
SHALL BE ALLOWED IN THE R-4 DISTRICT; AMENDS SECTION 11-2-409,
ZONING SCHEDULE OF USE CONTROL, B., COMMERCIAL, TO STATE THAT
CHURCHES ARE A PERMITTED USE IN OLD TOWN, CHILD CARE CENTERS ARE
A CONDITIONAL USE IN THE C-G ZONE, AND THAT BARS, ALCOHOL
ESTABLISHMENTS ARE A CONDITIONAL USE IN OLD TOWN; AMENDS SECTION
11-2-409, ZONING SCHEDULE OF USE CONTROL, C., INDUSTRIAL, TO
REMOVE FROM "FABRICATED METAL PRODUCTS", MAJOR WELDING; REPEALS
SECTION 11-2-410, ZONING SCHEDULE OF BULK AND COVERAGE CONTROLS,
A., AND RE-ENACTS SAID SECTION TO CHANGE THE REQUIREMENTS AND TO
DELETE THE AGRICULTURAL DISTRICT AND TO CHANGE THE "I" DISTRICT
TO "I-L"; AMENDS 11-2-410 B. 4. TO ADD "CHIMNEY' AS AN
ARCHITECTURAL PROJECTION; AMENDS SECTION 11-2-410 D. 1. b. (4) TO
DELETE THE REQUIREMENT RELATING TO COVENANTS AND RESTRICTIONS;
AMENDS SECTION 11-2-410 D. 1. b. (5) TO DELETE THE REFERENCE TO
COSTS OF NOTICE, LEGAL AND ENGINEERING FEES; AMENDS SECTION 11-2-
410 D. 1. b. (7) TO DELETE THE "NOT" AND INSERT "NO"; AMENDS
SECTION 11-2-411 D. TO ADD A NEW SUBSECTION 6. TO STATE THAT
MULTI-STORIED SINGLE-FAMILY DWELLINGS MUST HAVE A MINIMUM OF 800
SQUARE FEET ON THE GROUND FLOOR; REPEALS SECTION 11-2-414 C. 1.
AND 11.; AMENDS SECTION 11-2-414 D. BY THE ADDITION OF A
ORDINANCE AMENDING THE ZONING ORDINANCE
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AMBROSE,
FITZGERALD
& CROOKSTON
Allorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 888-4461
1\
8
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SUBSECTION 3. DEALING WITH DRAINAGE; AMENDS SECTION 11-2-414 E.
f. (1) TO CHANGE "ONE SPACE FOR EACH BUS OR OTHER VEHICLE" TO "ONE
SPACE FOR EVERY TEN CHILDREN"; AMENDS SECTION 11-2-416 B. TO
DELETE THE REQUIREMENT THAT A ZONING AND SUBDIVISION REQUEST BE
PROCESSED AS SUBDIVISION APPLICATION; REPEALS SECTION 11-2-416 C.
17.; REPEALS SECTION 11-2-416 E. PROCEDURE, 1. a. AND RE-ENACTS
SAID SECTION TO CHANGE THE REQUIREMENTS THAT AN APPLICANT MUST
PERFORM IN OBTAINING A ZONING AMENDMENT; REPEALS SECTION 11-2-416
E. PROCEDURE, 1. c.; REPEALS SECTION 11-2-416 E. PROCEDURE, 2.
AND RE-ENACTS SAID SECTION TO STATE THAT THE COMMISSION SHALL GIVE
THE NOTICE OF HEARING RATHER THAN THE APPLICANT; AMENDS SECTION
11-2-416 F. 1. TO DELETE THE MAILING NOTICE REQUIREMENTS BY THE
APPLICANT AND HAVING THE CITY PERFORM THAT TASK; AMENDS SECTION
11-2-417 TO DELETE THE REQUIREMENT THAT THE OWNER GRANT A LIEN TO
SECURE PAYMENT OF COSTS; AMENDS SECTION 11-2-418 B. TO REMOVE THE
ABILITY OF A LESSEE TO APPLY FOR A CONDITIONAL USE PERMIT; REPEALS
SECTIONS 11-2-418 B. 12,14,15, AND 18 TO REMOVE THE REQUIREMENTS
OF 75% CONSENT, THE GRANTING OF A LIEN TO SECURE PAYMENT OF COSTS,
A STATEMENT THAT THE USE DOES VIOLATE COVENANTS OR RESTRICTIONS,
AND REMOVING THE STATEMENT THAT NO CONDITIONAL USE WILL BE GRANTED
IF IT VIOLATES THE COVENANTS OR RESTRICTIONS; REPEALS SECTION 11-
2-419 B. 22. REMOVING THE REQUIREMENT FROM THE VARIANCE PROVISIONS
THAT THE OWNER GRANT A LIEN TO SECURE PAYMENT OF COSTS; REPEALS
SECTION 11-2-422 A. AND RE-ENACTS SAID SECTION REQUIRING
APPLICANTS TO PAY THE FEES ESTABLISHED BY THE CITY COUNCIL
PURSUANT TO RESOLUTION; AND REPEALS SECTION 11-2-422 E. AND RE-
ENACTS SAID SECTION TO REMOVE THE REQUIREMENT THAT THE APPLICANT
PAY THE LEGAL, ENGINEERING AND PUBLICATION COSTS AND GRANT A LIEN
TO SECURE THE PAYMENT THEREOF, BUT LEAVING THE LANGUAGE STATING
THAT IF THE FEES REQUIRED ARE NOT PAID THAT THE CITY MAY REVOKE
ANY ACTION APPROVING THE APPLICATION. 2) REGARDING THE
SUBDIVISION AND DEVELOPMENT ORDINANCE, IT REPEALS SECTION 11-9-
604 C. 4. c. AND RENUMBERS 11-9-604 C. 4. d. TO 11-9-604 C. 4. c.;
AMENDS SECTION 11-9-604 C. 5. a. b. AND c. TO DELETE THE
REQUIREMENT OF TWENTY-SEVEN COPIES AND INSERTS THIRTY COPIES;
AMENDS SECTION 11-9-604 C. 5. d. TO DELETE THE "7" COPIES AND
INSERTS "4" COPIES OF CONCEPTUAL ENGINEERING PLANS AND CHANGES THE
"ADMINISTRATOR" TO THE "CITY ENGINEER" AS THE OFFICIAL TO
DETERMINE CONFORMANCE TO REGULATIONS, ORDINANCES AND STANDARDS OF
THE CITY; REPEALS SECTION 11-9-604 C. 6. ID. AND RE-ENACTS SAID
SECTION TO ADD STREET LIGHTS; AMENDS SECTION 11-9-604 H. 1. a. TO
DELETE "27' AND INSERT "30" COPIES OF THE PLAT; AMENDS SECTION 11-
9-605 I. TO DELETE "COMMISSION" AND INSERTS "COUNCIL" AS THE
ENTITY THAT REVIEWS COVENANTS; AMENDS SECTION 11-9-605 J., FENCES,
7. TO ADD A NEW SUBSECTION k. WHICH SHALL REQUIRE THAT FENCES TO
BE CONSTRUCTED ON BERMS BE SHOWN ON THE PRELIMINARY PLAT; AMENDS
SECTION 11-9-605 J., FENCES, TO ADD A NEW SUBSECTION 8. WHICH
SHALL REQUIRE THAT DEVELOPERS INTENDING TO CONSTRUCT BOUNDARY
FENCES SHOW THAT ON THE PRELIMINARY PLAT; REPEALS SECTION 11-9-
605 J. 10. a. 12.; AMENDS SECTION 11-9-605 BY THE ADDITION THERETO
OF A NEW SUBSECTION M. TO REQUIRE THAT DITCHES AND WATERWAYS IN
ORDINANCE AMENDING THE ZONING ORDINANCE
Page - 2
AMBROSE,
FITZGERALD
& CROOKSTON
Allorneys and
Counselors
P.O. Box 427
Marldlan, Idaho
83642
Telephone 888-4461
i
I,
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NEW SUBDIVISIONS BE PIPED; AMENDS SECTION 11-9-606 A. TO RENUMBER
THE SECTION AND ADD A NEW SUBSECTION 2. STATING THAT IT IS THE
LIABILITY OF THE SUBDIVIDER AND OWNER TO SEE THAT IMPROVEMENTS
SHOWN ON THE PLAT ARE CONSTRUCTED; SECTION 11-9-606 B. 13. IS
AMENDED TO ADD A NEW SUBSECTION c. REQUIRING THAT THE LOCATION OF
STREET LIGHTS BE SHOWN ON THE PLAT; SECTION 11-9-606 B. 14. IS
AMENDED BY THE ADDITION OF AN ADDITIONAL PARAGRAPH RELATING TO THE
WAIVER OF THE PRESSURIZED IRRIGATION REQUIREMENTS; REPEALS SECTION
11-9-615 A. 1. AND RE-ENACTS SAID SECTION TO REQUIRE THE
SUBDIVIDER TO PAY THE FEES ESTABLISHED BY THE CITY COUNCIL BY
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
~
WHEREAS, a petition to amend the Zoning Ordinance and the
Subdivision and Development Ordinance of the Revised and Compiled
Ordinances of the City of Meridian was submitted by the Planning
and Zoning Commission to itself and City Council;
WHEREAS,
the
petition
recognized
Ordinances
that
two
revisions to correct typographical errors and omissions, needed
to include desired requirements, needed to be changes to reflect
Court mandated changes, and to delete some requirements;
WHEREAS, the City has followed the Local Planning Act of 1975
and the Ordinances of the City of Meridian in processing the
Petition to amend the Zoning Ordinance and the Subdivision and
Development Ordinance the and has made and adopted Findings of
Facts and Conclusions of Law; and
WHEREAS,
the City Council and the Mayor of the City of
Meridian, Idaho, have concluded that it is in the best interest
of the City to amend Title 11, Chapter 2 zoning Ordinance, and
Chapter 9, Subdivision and Development Ordinance, of the Revised
and Compiled Ordinances of the City of Meridian, Ada County, and
be effective upon approval and publication as required by law.
ORDINANCE AMENDING THE ZONING ORDINANCE
Page - 3
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AMBROSE,
FITZGERALD
& CROOKSTON
Allorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 888.4461
8
e
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR OF THE CITY OF
MERIDIAN,
AND THE CITY COUNCIL OF THE CITY OF MERIDIAN,
ADA
COUNTY, IDAHO.
SECTION 1.
That Section 11-2-401 C, JURISDICTION, of the
Zoning Ordinance is hereby repealed.
SECTION 2.
That Section 11-2-401 C, JURISDICTION, of the
Zoning Ordinance is hereby re-enacted and shall read as follows:
These regulations shall apply to the development of all
land within the legally defined Meridian City limits and
to property outside the City limits for which annexation
has been requested and to land the City has jurisdiction
over pursuant to Chapter 65, Title 67, Idaho Code I under
the Area of Impact agreements between the City and Ada
County.
SECTION 3.
That Section 11-2-402 A, INTENT AND PURPOSE,
of the Zoning Ordinance is hereby repealed.
SECTION 4.
That Section 11-2-402 A, INTENT AND PURPOSE,
of the Zoning Ordinance is hereby re-enacted and shall read as
follows:
The intent of this Ordinance shall be to implement a
general guide for the use of the land in the Meridian
City limits and land over which the City has
jurisdiction under the Area of Impact Agreements between
the City and Ada County. This Ordinance shall be based
on the officially adopted Comprehensive Plan of the City
of Meridian and is enacted in order to promote and to
protect the public health, safety, comfort, convenience,
prosperity and general welfare and to achieve the
following objectives:
1.
To promote the achievement of the proposals of the
Meridian Comprehensive Plan;
2.
To advance the City of Meridian as a self-sufficient
employment and economic center;
3.
To improve the character and quality of Meridian's man-
made environment while maintaining its identity as a
ORDINANCE AMENDING THE ZONING ORDINANCE
Page - 4
AMBROSE,
FITZGERALD
& CROOKSTON
Allorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 888-4461
4.
5.
6.
7.
8.
9.
10.
11.
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self-sufficient community;
To encourage orderly growth and development, thereby
avoiding scattered development of land that results in
either of the following:
a.
The lack of water supply, sewer service, drainage,
transportation facilities, or otherwise essential
public services; and
b.
The unnecessary imposition of an excessive
expenditure to public funds for the supply of such
services;
To protect residential, commercial, industrial and civic
areas from the intrusion of incompatible uses and to
provide opportunities for establishments to concentrate
for efficient operation in mutually beneficial
relationships to each other and to shared services.
To provide for desirable and appropriately located
living areas in a variety of dwelling types and at a
wide range of population and densities with adequate
provision for sunlight, fresh air and usable open space.
To promote safe, fast and efficient movement of people
and goods and the provision of adequate off-street
parking and loading;
To encourage excellence and creativity in the design of
all future developments and to preserve the natural
beauty of Meridian's setting;
To provide for the manner and form of preparing and
processing applications; for establishment, modification
and/or variances from zoning districts and regulations.
To encourage growth in those areas of the City which
(due to topography, soil characteristics and other
compatible features) provide the most favorable
conditions for future community services such as sewer,
water, transportation, school, parks, etc.;
To encourage the proper distribution and compatible
integration of neighborhood commercial uses into all
residential areas of the City;
12.
To protect existing waters (Five Mile, Nine Mile and Ten
Mile Creeks) through the establishment of easements
throughout the City;
ORDINANCE AMENDING THE ZONING ORDINANCE
Page - 5
AMBROSE,
FITZGERALD
& CROOKSTON
Allorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 888.4461
8
8
13.
To protect recognized historic
landmarks throughout the City;
architectural
and
14.
To establish reasonable standards to which buildings or
structures shall conform;
15.
To insure that additions to and alterations or
remodeling of existing buildings or structures comply
with the restrictions and limitations imposed hereunder;
16.
To provide protection against fire, explosion, noxious
fumes and other hazards in the interest of the public
health, safety, comfort and the general welfare;
17.
To insure that buildings and land within the City are
adequately maintained to prevent physical deterioration
and tax base erosion;
18.
To specify the administration of the regulations of the
Ordinance by defining the powers and duties of approval
authorities.
SECTION 5.
That each definition in Section 11-2-403 B.,
Definitions, of the Zoning Ordinance of the City of Meridian is
treated
subsection
Section
B,
11-2-403
of
as
a
separate
Defini tions, and only the subsections mentioned below are amended,
deleted, or added to in Section 11-2-403 B,
Definitions,
the
remaining
de fini tions
remain
additions
are
and
the
same,
underlined and deletions are stricken out, to wit:
Applicant Any person initiating an application for
subdividing or development of land for the building or
modification of any improvement on land. Applicant also
includes any person submitting a request for rezone,
conditional use, accessory use, annexation, or request to be
allowed to make any application authorized under this
ordinance.
Application - Proposals which are initiated by a person to
the Commission and Council for consideration. An application
shall include, but not limited to, zoning amendments,
conditional use permits, variances, preliminary development
plans or plats~, final development plans or plats, appeals,
certificates of-zoning compliance, certificates of occupancy
and annexation.
ORDINANCE AMENDING THE ZONING ORDINANCE
Page - 6
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Merldlan,ldaho
83642
Telephone 888-4461
.1
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-
Automobile Wrecking Yard - Premises on which two (2) or more
currently non-licensed motor vehicles or two (2) or more
motor vehicles not in operating condition are standing more
than 6int.y (69) days thirty (30) days and are dismantled or
stored. "Motor vehicles" includes also mobile homes,
trailers or trucks. Fully enclosed buildings are exempt from
this definition.
Building, Existing A building erected prior to the
effective date of this Ordinance or one for which a legal
building permit has been issued as of the effective date of
this ordinance's initial adoption on April 2, 1984.
Cemetery - Land used or intended to be used for the burial
of the human or animal dead and dedicated for cCHlct.cry
i~t.crftæcft~ purposes, including crematories, mausoleums and
mortuaries if operated in connection with and within the
boundaries of such cemetery for which perpetual care and
maintenance is provided.
Certificate of Occupancy - A certificate which is issued by
the building inspector to indicate that, after construction
of the building has been completed, or a use in an existing
building Rae BCCR ~ftaRljcà, t.RC ~örpe8c fer \lRi~R t.fic 19öilàirtf!J
'\laB ~eRet.r1:iet.eà ar "aB sfiaft§eà iB 19cift~ has been changed, the
purpose for which the buildin~ was constructed or changed is
cafable of being carried out 1n accordance with the terms of
th1s Ordinance. A structure cannot be occupied until a
certificate of occupancy and license have been issued.
Clinic
(Medical, Dental, Optical A building (other than a
hospital) used by one (1) or more health care practitioners
for the purpose of care, diagnosis aftè or treatment of sick,
ailing, infirm, or injured patients, eftè or those who are
in need of medical and surgical attention-r , but which
building does not provide board, room or regular hospital
care and services.
Commercial Use or Business - The purchase, sale or other
transaction involving the handlin or dis osition of an
article, su stance or commodity, fer 11;-cl1fieaà, prefit,
ewftcrefiip or management of office build1ngs, offices for
recreational, entertainment or amusement enterprises, or the
maintenance and use of offices by professions and trades
rendering services. The purchase, sale or other
transaction involving the handling or disposition of any
article, substance or commodity, or the dispensing of
services for livelihood or profit; ownership or management
of office buildings, offices for recreational, entertainment
or amusement enterprises or the maintenance and use of
ORDINANCE AMENDING THE ZONING ORDINANCE
Page - 7
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 888.4461
.1
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offices by professions and trades
included in this definition."
rendering
services
is
Convalescent or Nursing Home, Rest Home - l~y Rome, place or
iftßtite.tioft liceRßed BY Uu: Idafto Ct.ate Depart.æeRt of IIealth
aß a ft1:ir6iRIj ftoæe \'fti~R operates or æaifttaiR6 facili tieß
pro~idiRIj coRvaleßceR~e, or ~ftroRic~are or 19ot.h for a period
iR en~eßa of t'\le~t~f four (2-4) ~Oftsc(!\:lti"J'e hO1:lrß for tuo (-2+
or more patiel'i~13 RO~ related 19y 19lood or marria~e to ~he
operator, aftd ~aid patiel'itß ~ftO hy reaßOR of ilIReß13 or
iftfirmi~y) arc uRahle ~o pro~~rly ~are for tfteæßelveø. Any
home, place or institution which operates or maintaTñS
facilities providing convalescent, or chronic care, or both,
for a period in excess of twenty-four (24) consecutive hours
for two (2) or more patients not related by blood or marriage
to the operator, and said patients, who by reason of illness
or infirmity, are unable to properly care for themselves.
Court - A space which is open and unobstructed to the sky,
located aB67e ~Fade level on a lot, and bounded on three (3)
or more sides by building walls or fences.
Dairy Farm A farm whose principal function is the
production of milk and milk products and which may include
the processing of milk so produced. A dairy farm further
refers to a dairy barn or processing facility or feeding area
where animals are kept, raised or fed in a restricted area,
aRd "Rere ~he æilJdl'l1j area iB a1:::H9je~t to the approval of the
Idaho Ctate Departæeftt of IIeal~h-.
District or Zone - A portion of the City of Meridian within
which certain uniform regulations and requirements or various
combinations thereof apply under provisions of this
Ordinance. ~fte le~~er "A" shall repreßeft~ the aljricultural
dißtric:t. The letter "R" shall represent the residential
districts, with the number following the letter "R"
representing the maximum allowable dwelling units per acre.
The letter "C" shall represent the commercial districts. The
letter "C" shall represent the commercial districts. The
letter "I" shall represent the industrial district. The
letters "LO" shall represent the limited office district.
Entertainment Facilities (Commercial) - AftY profi~ maJdft(j
a~tivi ty \fRieR iB ljeRerally related to tfte eR~ertai1"lffleR~
field, ß\:l~ft aa m6~i6R pi~~1:ire tfteatera, taverRß, ftiljfi~~lu19ß,
cock~ail 16\:lftljeB, 19m,iliRIj alleya aRd 6iæilar eR~ert.ai1"lffleftt
activit.ie5'":" Any structure housing any "for profit" activity,
which is generally related to the entertainment field, such
as motion picture theaters, taverns, night clubs, cocktail
lounges, bowling allies, and similar entertainment
activities.
ORDINANCE AMENDING THE ZONING ORDINANCE
Page - 8
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 888-4461
.1
8
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Fence - An enclosure; especially, an enclosing barrier, as
one to prevent straying from within or intrusion into.
Fence, Open - A fence that does not restrict or impede vision
or sight through the fence by more than twenty percent (20%).
Highway - A Btrcet àe.ßilJftate.à aB a ftiljhuay by aft appropriate
State or Fcàeral aljeRcy. Means the entire width between the
boundary lines of every way publicly maintained when any part
is open to the use of the public for vehicular traffic, with
jurisdiction extending to the adjacent property line,
including sidewalks, shoulders, berms, and rights-of-way not
intended for motorized traffic. The term' street' is
interchangeable with highway.
Loading and Unloading Space, Off-Street - an open hard-
surfaced area of land (other than a street or public way) in
which the principal use is for the standing, loading and
unloading of motor vehicles, tractors ftnà or trailers.
Lot, Flag Lot - A lot in the shape of a flag on a pole or
similar design. A flag lot shall have a minimum frontage of
thirty (30) feet on a public street and a structure placed
on a flag lot shall have the house facing the street
frontage.
Manufacturing, Heavy - Manufacturing, processing, assembling,
storing, testing and similar industrial uses which are
generally major operations and extensive in character,
require large sites, open storage and service areas~
extensive services and facilities, ready access to regional
transportation and normally generate some nuisances such as
smoke, noise, vibration, dust, glare, air pollution or water
pollution.
Manufacturing, Light - Industrial uses \'lhich are usually
controlled operations, relatively clean, quiet and free of
objectionable or hazardous elements such as smoke, noise,
odor or dust; which operates and store within enclosed
structurest L and which generate little industrial traffic
and no nuisances.
Mobile Home Ameftdcd OràiRaRce 207+ A structure
transportable in one (1) or more sections which has attached
to the structure a valid insignia which states that the
mobile home is in compliance with Federal Mobile Home
Construction and Safety Standards (HUD).
Original Parcel of Land - A lot or tract as recorded on any
plat or record on file in the Office of the County Recorder
ORDINANCE AMENDING THE ZONING ORDINANCE
Page - 9
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Merldlan,ldaho
83642
Telephone 888-4461
I
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or any unplatted contiguous parcel of land held in one (1)
ownership and of record at the effective date of this
Ordinance, April 2, 1984.
Ownership - ~fie iRài~ià\:lal, firm, aaßociatioR, ßyftàicate,
partReraftip or ~or~ora~ioft Ra-y-inlj a letJal or proprie~ar'Y
ift~ereßt iR tfte p:l"eperty~ The individual, firm, association,
syndicate, partnership or corporation who has title of
property.
Parking Area or Lot (Public) - An open, hard-surfaced area
(other than a street or public way) to be used for the
storage (for limited periods of time) of operable passenger
automobiles ftflè or commercial vehicles and available to the
public whether for compensation, free or as an accommodation
to clients or customers.
Professional Offices Prefeaaioftal aftà aàæinißtrative
offi~eßT Structures where those engaged in a profession
conduct their business and activity.
Seat - The place at, or the thing on, which one sits. For
purposes of determining the number of off-street parking
spaces for certain uses, the number of seats is the number
of seating units installed or indicated or each eighteen (18)
lineal inches of benches, pews or space for loose chairs.
Walkway - A public way five (5) feet 6:E" more ift \lidtfi for
pedestrian use only, whether or not along the side of the
road. -
SECTION 6.
That Section 11-2-404 C, Commission, 1., of
the Zoning Ordinance of the Revised and Compiled Ordinances of the
City of Meridian is hereby repealed.
SECTION 7.
That Section 11-2-404 C., Commission, 1., of
the Zoning Ordinance of the Revised and Compiled Ordinances of the
City of Meridian is hereby re-enacted and shall read as follows:
1.
The Commission shall consist of five (5) voting members.
They shall be appointed by the Mayor and confirmed by
majority vote of the Council for terms of six (6) years.
An appointed member of the Commission must have resided
in the County five (5) years and in the City for one (1)
year prior to his appointment, and must remain a
resident of the City during his service on the
ORDINANCE AMENDING THE ZONING ORDINANCE
Page - 10
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 888-4461
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8
Commission. Except that at least one (1) but not more
than two (2) members may be appointed from residents of
the City Impact Area; outside the corporate limits.
Such members shall have similar residence requirements
as those within the City, except that they need not have
resided in the City for one (1) year and need not be a
resident of the City. Members of the Commission shall
be selected without respect to political affiliations
and shall serve without compensation. Members may be
removed for cause by a majority vote of the Council.
SECTION 8.
That
Section
Commission,
2.
11-2-404
C.
Organization, of the Zoning Ordinance of the Revised and Compiled
Ordinances of the City of Meridian is hereby repealed.
SECTION
9.
That
Section
Commission,
2.
11-2-404
C.
Organization, of the Zoning Ordinance of the Revised and Compiled
Ordinances of the City of Meridian is hereby re-enacted and shall
read as follows:
2. Organization: The Commission shall elect a Chairman and
create and fill any other office that it may deem necessary.
A Commission may establish subcommittees, citizen advisory
commi ttees, hearing examiners or neighborhood groups to
advise and assist in carrying out the responsibilities. A
Commission may appoint non-voting ex officio advisors as may
be deemed necessary. Pursuant to Section 67-6520, Idaho
Code, the Commission may appoint hearing examiners for
hearing applications for subdivision and variance permits,
and requests for zoning district boundary changes which are
in accordance with the plan, and conduct all other business
in accordance with Idaho Code, Section 67-6520.
SECTION 10.
That Section 11-2-404 D. Council, 1. Duties: -
of the Zoning Ordinance of the Revised and Compiled Ordinances of
the City of Meridian is hereby repealed.
SECTION II.
That Section 11-2-404 D. Council, I. Duties,
of the Zoning Ordinance of the Revised and Compiled Ordinances of
the
Ci ty of Meridian is hereby re-enacted and shall read as
follows:
ORDINANCE AMENDING THE ZONING ORDINANCE
Page - 11
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 888-4461
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1.
Duties: For the purpose of this Ordinance, the
Council shall have the following duties:
a.
The Council shall hear and decide appeals where it
is alleged there is an error in an order,
requirement, decision, interpretation or
determination made by the Administrator, Commission
or Building Inspector;
b.
The Council creating the Commission shall provide
that the area and interests within its jurisdiction
are broadly represented on the Commission.
c.
Pursuant to Section 67-6520, Idaho Code, the
Council may appoint hearing examiners for hearing
applications for subdivision and variance permits,
and requests for zoning district boundary changes
which are in accordance with the plan, and conduct
all other business in accordance with Idaho Code,
Section 67-6520.
d.
The Council shall perform such other duties as set
forth herein.
SECTION 12.
Section
That
11-2-405
USE
C.,
AND
BULK
REGULATIONS,
1.
are hereby
of the Zoning Ordinance
and.
2. ,
amended to read as follows:
1.
Use: A building, structure or land shall hereafter be
used or occupied, and a building or part thereof, or
other structure, shall be erected, raised, moved,
reconstructed, extended, enlarged or altered only as in
conformity with the regulations herein specified for the
district in which it is located. Exceptions to the use
and bulk regulations of this Ordinance shall be only by
Coftàitioftal Uac Variance.
2.
Bulk: All new buildings and structures shall conform
to the regulations established herein for the district
in which each building shall be located except as
otherwise permitted in this Ordinance by CoftàitioRal Ut3C
Variance.
SECTION 13.
That Section 11-2-406 B., AVOIDANCE OF UNDUE
HARDSHIP, of the Zoning Ordinance of the Revised and Compiled
Ordinances of the City of Meridian is hereby amended and shall
ORDINANCE AMENDING THE ZONING ORDINANCE
Page - 12
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 888-4461
I
.I.
8
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read as follows:
To avoid undue hardship, nothing in this Ordinance shall be
deemed to require a change in the plans, construction or
designated use of any building on which actual construction
was lawfully begun prior to the effective date of adoption
or aæe.Ràæe~t of this OrdinanceL April 2, 1984 and upon which
actual building construction has been carried on diligently.
SECTION 14.
That
Section
NON-
11-2-406
C.,
SINGLE
CONFORMING LOTS OF RECORD, of the Zoning Ordinance of the Revised
and Compiled Ordinances of the City of Meridian is hereby amended
and shall read as follows:
In any district in which single-family dwellings are
permitted, a single-family dwelling and customary accessory
buildings may be erected on any single lot of record (see
defini tion of lot of record) at the effective date of
adoption or aæe.Ràæeft~ of this Ordinance, April 2, 1984,
notwithstanding limitations imposed by other provisions of
this Ordinance. Such lot must be in separate ownership and
not of continuous frontage with other lots in the same
ownership. This provision shall apply even though such lot
fails to meet the requirements for area or width, or both,
that are generally applicable in the district, provided that
yard dimensions and requirements other than those applying
to area or width, or both, of the lot shall conform to the
regulations for the district in which such lot is located.
SECTION 15.
That
Section
WITH
11-2-407
B.
COMPLIANCE
ZONING DISTRICT REGULATIONS, 2. d., of the Zoning Ordinance is
hereby amended to read as follows:
d.
To have narrower or smaller rear yards, front yards,
side yards, or other open spaces; and
SECTION 16.
That Section 11-2-407 C, OFFICIAL SCHEDULE OF
DISTRICT REGULATIONS ADOPTED,
of the Zoning Ordinance of the
Revised and Compiled Ordinances of the City of Meridian is hereby
amended to read as follows:
ORDINANCE AMENDING THE ZONING ORDINANCE
Page - 13
AMBROSE,
FITZGERALD
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P.O. Box 427
Meridian, Idaho
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District regulations shall be as set forth in the Zoning
Schedule of Use Control, and Zoning Schedule of Bulk and
Coverage Controls, and Performance Standards for District
Uses of this Ordinance.
The districts of the City of Meridian are divided into ~
f4+ three (3) land use groups: Aljricultaral, Residential,
Commercial and Industrial. When several combined land uses
exist, or are proposed, the most intensive land use shall be
considered as the primary activity.
SECTION 17.
That Section 11-2-408 B., ZONING DISTRICTS,
1. R-4) Low Density Residential District of the Zoning Ordinance
of the Revised and Compiled Ordinances of the City of Meridian is
amended to read as follows:
1.
(R-4) Low Density Residential District: The purpose
of the tR-4+ District is to permit the establishment of
low density single-family dwellings, and to delineate
those areas where predominately residential development
has, or is likely to occur in accord with the
Comprehensive Plan of the City, and to protect the
integrity of residential areas by prohibiting the
intrusion of incompatible non-residential uses. Only
~le Family Dwellings shall be permitted and no
conditional uses shall be permitted except for Planned
Residential Development and public schools. The (R-4)
District allows for a maximum of four (4) dwelling units
per acre and requires connection to the Municipal Water
and Sewer systems of the City of Meridian.
SECTION 18.
That Section 11-2-409, ZONING SCHEDULE OF USE
CONTROL, of the Zoning Ordinance is hereby repealed.
SECTION 19.
That Section 11-2-409, ZONING SCHEDULE OF USE
CONTROL, of the Zoning Ordinance is hereby re-enacted and shall
read as set forth in Exhibit "A" attached hereto and incorporated
herein by this reference.
SECTION 20.
That Section 11-2-410, ZONING SCHEDULE OF BULK
AND COVERAGE CONTROLS, A., of the Zoning Ordinance is hereby
repealed.
ORDINANCE AMENDING THE ZONING ORDINANCE
Page - 14
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 888-4461
I
. J I
8
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SECTION 21.
That Section 11-2-410, ZONING SCHEDULE OF BULK
AND COVERAGE CONTROLS, A., of the Zoning Ordinance is hereby re-
enacted and shall read as set forth in Exhibit liB" attached hereto
and incorporated herein by this reference.
SECTION 22.
That Section 11-2-410 B.
4., Architectural
Projections, of the Zoning Ordinance of the Revised and Compiled
Ordinances of the City of Meridian is hereby amended and shall
read as follows:
4. Archi tectural Projections: Open structures such as
porches, canopies, balconies, platforms, carports, covered
patiosL chimney and similar architectural projections shall
be considered parts of the building to which it is attached
and shall not project into the required minimum front, side
or rear yard.
SECTION 23.
That
Section
ACCESSORY
USE
11-2-410
D.
PROVISIONS, 1. b. (4), of the Zoning Ordinance of the Revised and
Compiled Ordinances of the City of Meridian is hereby repealed.
SECTION 24.
That
Section
11-2-410
ACCESSORY
USE
D.
PROVISIONS, 1. b. (4), of the Zoning Ordinance of the Revised and
Compiled Ordinances of the City of Meridian is hereby re-enacted
and shall read as follows:
(4)
The use shall be considered as a Commercial Use.
SECTION 25.
That
Section
11-2-410
ACCESSORY
USE
D.
PROVISIONS, 1. b. (5), of the zoning Ordinance of the Revised and
Compiled Ordinances of the City of Meridian are hereby repealed.
SECTION 26.
That
Section
11-2-410
ACCESSORY
USE
D.
PROVISIONS,
1. b.
(5), of the Zoning Ordinance of the city of
Meridian is hereby re-enacted and shall read as follows:
ORDINANCE AMENDING THE ZONING ORDINANCE
Page - 15
, .1
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Merldlan,ldaho
83642
Telephone 888-4461
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(5 )
Pay the fee of $80.00.
SECTION 27.
That
Section
11-2-410
ACCESSORY
USE
D.
PROVISIONS, 1. b. (7), of the Zoning Ordinance of the Revised and
Compiled Ordinances is hereby repealed.
SECTION 28.
That
Section
11-2-410
ACCESSORY
USE
D.
PROVISIONS, 1. b. (7), of the Zoning Ordinance of the Revised and
Compiled Ordinances of the City of Meridian is hereby re-enacted
and shall read as follows:
(7) If there are no objections filed within the time for
filing the same, the zoning administrators may grant the
request.
SECTION 29.
That Section 11-2-411 D, SINGLE FAMILY (R-4,
R-8, R-15) DETACHED HOUSING SQUARE FOOTAGE REQUIREMENTS, of the
zoning Ordinance of the City of Meridian is hereby repealed.
SECTION 30.
That Section 11-2-411 D, SINGLE FAMILY (R-4,
R-8, R-15) DETACHED HOUSING SQUARE FOOTAGE REQUIREMENTS, of the
Zoning Ordinance of the Revised and Compiled Ordinances of the
City of Meridian is hereby re-enacted and shall read as follows:
All new single-family detached housing in Zones R-4, R-8 and
R-15 shall be constructed to contain at least 1,300 square
feet of living space (garage not to be included in
determining living space) unless there is dispersed among the
new residential development houses of varying sizes, and the
following schedule shall set the percentages and accompanying
sizes that shall exist in all new residential developments,
except for those containing houses, all of which will contain
1,300 square feet or more, it being understood that the below
schedule is a minimum schedule and houses of larger sizes may
occupy a larger percentage than as set forth below:
1.
No houses may be constructed which are less than 999
square feet;
2.
Ten percent of the houses in a residential development
may be between 1,000 and 1,099 square feet;
ORDINANCE AMENDING THE ZONING ORDINANCE
Page - 16
AMBROSE,
FITZGERALD
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Counselors
P.O. Box 427
Merldlan,ldaho
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3. Twenty
development
percent of the houses in a residential
may be between 1,100 and 1,199 square feet;
4.
Forty percent of the houses in a residential
development may be between 1,200 and 1,299;
5.
Thirty percent of the houses in a residential
development may be larger than 1,300 square feet.
All houses below the 1,300 square foot size shall be
interspersed uniformly throughout the entire development.
All single-family (R-4, R-8, R-15) detached dwelling
houses which have multi-stories shall have a minimum of
eight hundred (800) square feet of living space on the
ground floor.
SECTION 31.
That
Sections
11-2-413
PROVISIONS
FOR
C.,
UNIQUE LAND USES, 1. Accessory Buildings and 11. Home Occupations,
of the zoning Ordinance are hereby repealed.
SECTION 32.
That Section 11-2-414 D, DESIGN STANDARDS FOR
OFF-STREET PARKING, 2., Screening or Landscaping, of the zoning
Ordinance of the Revised and Compiled Ordinances of the City of
Meridian is hereby repealed.
SECTION 33.
That Section 11-2-414 D, DESIGN STANDARDS FOR
OFF-STREET PARKING, 2., Screening, Landscaping and Drainage, of
the zoning Ordinance of the Revised and Compiled Ordinances of the
City of Meridian is hereby re-enacted and shall read as follows:
2.
Screening, Landscaping and Drainage:
a. Landscaping: Landscaping shall be required for all
off-street parking areas for multi-family residential,
commercial, industrial and technical developments;
b. Underground sprinkling systems shall be required to
maintain screening, planting strips, and other
landscaping.
c.
Screening: Whenever a commercial off-street parking
ORDINANCE AMENDING THE ZONING ORDINANCE
Page - 17
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 888-4461
'1
II
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area is located in or adjacent to a Residential
District, it shall be effectively screened on all sides
which adjoin or face any property used for residential
purposes by a wall, fence, or planting screen that is
not less than four (4) feet in height plus a planting
strip of four (4) feet minimum width or in an alternate
arrangement as approved by the Commission.
Suitable landscaping and ground cover shall be provided
and maintained on a continuing basis within the planting
strip. Planting screens or hedges shall not exceed two
(2) feet in height where location is such that sight
lines are necessary for vehicular movement across
pedestrian ways.
At least one (1) tree of not less than three (3) inch
diameter size class shall be provided for every 1,500
square feet of pavement area.
d. Drainage: A drainage plan designed by an architect
or an engineer shall be submitted and required for all
off-street parking areas and shall be approved by the
City Engineer.
SECTION 34.
That Section 11-2-414 E., Schedule Of Parking
Space Requirements f.
( 1) ,
of the Zoning Ordinance is hereby
repealed.
SECTION 35.
That Section 11-2-414 E. SCHEDULE OF PARKING
SPACE REQUIREMENTS, f. (1), of the Zoning Ordinance is hereby re-
enacted and shall read as follows:
f.
Schools (Private or Public)
(1) Nursery school for
children, day care
center, and kinder-
garten
One (1) space for every
ten (10) children plus
one (1) space per staff
member.
SECTION 36.
That Section 11-2-416 B, INITIATION OF ZONING
AMENDMENTS, of the Zoning Ordinance is hereby repealed.
SECTION 37.
That Section 11-2-416 B, INITIATION OF ZONING
AMENDMENTS, of the zoning Ordinance is hereby re-enacted and shall
ORDINANCE AMENDING THE ZONING ORDINANCE
Page - 18
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 888-4461
'1
. II
8
8
read as follows:
B
INITIATION OF ZONING AMENDMENTS
Zoning amendments to this Ordinance may be initiated in one
(1) of the following ways:
1.
By adoption of recommendation by the Commission.
2.
By adoption of a motion by the Council; and
3. By the filing of an application by a property owner
or a person who has existing interest in property within
the area proposed to be changed or affected by said
amendment with the Administrator.
An applicant requesting a zoning amendment of a parcel
may initiate the amendment request at the same time as
the development request.
SECTION 38.
That Section 11-2-416 C., CONTENTS OF ZONING
AMENDMENT APPLICATION, 17., is hereby repealed.
SECTION 39.
That Section 11-2-416 E., PROCEDURES, 1. is
hereby repealed.
SECTION 40.
That Section 11-2-416 E., PROCEDURES, 1. is
hereby re-enacted and shall read as follows:
1.
The Applicant shall provide the City Clerk with the
names and addresses of property owners within 300 feet
of the external boundaries of the land being considered,
and any additional area that may be impacted by the said
application, as determined by the Zoning Administrator
and the applicant shall deliver a sworn notarized
statement that the list of property owners are the
owners of the property as shown by the records of the
Ada County Assessor; one week prior to the hearing set
pursuant to 11-2-416 E. 2. b., Applicant shall post a
copy of said notice of hearing of the application on the
property under consideration; and after the property has
been posted the applicant shall deliver to the zoning
Administrator a notarized statement that he has posted
the property and the date the posting was placed.
SECTION 41.
That Section 11-2-416 E., PROCEDURES, 2. of
the Zoning Ordinance is hereby repealed.
ORDINANCE AMENDING THE ZONING ORDINANCE
Page - 19
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Merldlan,ldaho
83642
Telephone 888-4461
. !
8
8
SECTION 42.
That Section 11-2-416 E., PROCEDURES, 2. of
the
zoning Ordinance is
hereby re-enacted and
shall read as
follows:
2.
"The commission shall:
a. Give notice of the hearing, at least fifteen (15)
days prior to the hearing, by certified mail to property
owners within the land being considered and to owners
within three hundred (300) feet of the external
boundaries of the land being considered and any
addi tional area that may be impacted by said application
as determined by the Zoning Administrator. Said notice,
by certified mail, must be deposited with the United
States Post Office at least fifteen (15) days prior to
the hearing and said notice shall contain a vicinity map
of the property, a brief statement of the nature of the
application, the name and address of the applicant.
When notice is required to two hundred (200) or more
property owners or residents, in lieu of the mail
notification, notice of the proceeding and hearing
required hereby may be given by publishing the notice
for two (2) consecutive weeks in the official newspaper
of the City of Meridian provided that the second notice
appears ten (10) days prior to the public hearing.
b. Prior to recommending an application, conduct at
least one (1) public hearing in which interested persons
shall have an opportunity to be heard. At least fifteen
(15) days prior to the hearing, notice of the time and
place and a summary of the application to be discussed
shall be published in the official newspaper or paper
of general circulation within the City of Meridian.
c. wi thin forty- fi ve (45) days from the hear ing ,
transmit its recommendation to the Council with
supportive reasons. The Commission may, however,
continue the matter from meeting to meeting if it finds
that it does not have sufficient information to make a
decision. The Commission shall recommend that the
application be approved, approved with conditions or
denied. The Commission shall insure that any approval
or approval with conditions of an application shall be
in accordance with the Comprehensive Plan, this
Ordinance and State law.
d. Maintain a record of the hearing, findings made and
actions taken.
ORDINANCE AMENDING THE ZONING ORDINANCE
Page - 20
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 888-4461
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SECTION 43.
That
Section
11-2-416
TRANSMITTAL
TO
F.
COUNCIL, 1. of the Zoning Ordinance is hereby repealed.
SECTION 44.
That
Section
11-2-416
TRANSMITTAL
TO
F.
COUNCIL, 1. of the Zoning Ordinance is hereby re-enacted and shall
read as follows:
Hearing: The Council shall conduct at least one (1) public
hearing following the notice and requirements contained in
11-2-416 E. 2., and the Council having given notice as
required by 11-2-416 E.2.a. by ordinary first call mail.
SECTION 45.
That Section 11-2-417, ANNEXATION AND ZONING
UPON ANNEXATION, of the Zoning Ordinance is hereby repealed.
SECTION 46.
That Section 11-2-417, ANNEXATION AND ZONING
UPON ANNEXATION, of the zoning Ordinance is hereby re-enacted and
shall read as follows:
Prior to annexation of an unincorporated area, the Council
shall request and receive a recommendation from the Planning
and Zoning Commission on the proposed annexation and the
proposed zoning for the annexed area. The Commission, the
City, the applicant, and the Council shall follow the notice
and hearing procedures provided in Section 11-2-416, Zoning
Amendment Procedures. Provided, however, that the final
decision of the Council shall not be appealable since such
decision is a legislative function even though the procedure
is designed to be quasi-judicial in nature and provides due
process to the applicant. The application for annexation
shall include a request for a zoning designation and, upon
annexation, the property shall be zoned; however,
procedurally, the property shall be deemed to have been
annexed prior to being zoned and for appeal rights, there can
be no appeal from the zoning decision if the property is not
first annexed. If the annexation shall necessitate an
amendment to the Comprehensive Plan, the Commission shall
advise the applicant to request a Comprehensive Plan
Amendment prior to further consideration of the annexation.
If the Commission and Council approve an annexation request,
the Commission and Council shall insure that said annexation
is in accord with this Ordinance and the Comprehensive plan.
An Application for annexation and zoning shall be on a form
similar to a zoning application as set forth in 11-2-416 C.
ORDINANCE AMENDING THE ZONING ORDINANCE
Page - 21
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
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Telephone 888-4461
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and shall include the same information and any other
information deemed appropriate by the Administrator, and the
application shall specifically include the payment of a fees
as established by the City Council.
SECTION 47.
repealed.
That
Section
OF
11-2-418
B.,
CONTENTS
CONDITIONAL USE APPLICATION, of the Zoning Ordinance is hereby
SECTION 48.
That
Section
OF
11-2-418
B.,
CONTENTS
CONDITIONAL USE APPLICATION, of the Zoning Ordinance is hereby re-
enacted and shall read as follows:
An application for a conditional use permit shall be filed
with the Administrator by the owner of the property for which
such conditional use is proposed. At a minimum the
application shall contain the following information:
(Application available from Administrator.)
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Name, address and phone number of applicant.
Name, address and phone number of owner of subject
property.
Legal description of property.
Proof of ownership of subject property.
Description of existing use.
Present use of subject property.
Proposed use of the subject property.
The District that pertains to the subject property.
Thirty (30) copies of a vicinity map of a scale of one
(I) inch equals three hundred (300) feet.
Characteristics of subject
conditional use desireable.
which
a
make
property
A listing of the mailing addresses of all property
owners (from authentic tax records of Ada County) who
are within three hundred (300) feet of the external
boundaries of the land being considered, and a list of
all owners wi thin the area being considered for a
ORDINANCE AMENDING THE ZONING ORDINANCE
Page - 22
AMBROSE,
FITZGERALD
& CROOKSTON
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Counselors
P.O. Box 427
Meridian, Idaho
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conditional use.
12.
A fee established by the Council.
13.
A statement that the applicant or the user of the
property agrees to pay any additional sewer, water or
trash fees or charges, if any, associated with the use,
whether that use be residential, commercial or
industrial.
14.
The application shall be verified by the applicant which
shall state that he has read the contents thereof and
verifies that the information contained therein is true
and correct.
SECTION 49.
Section
B.,
APPLICATION AND
11-2-419
That
STANDARDS FOR VARIANCES, 22., of the Zoning Ordinance is hereby
repealed.
SECTION 50.
That Section 11-2-422 A., ZONING AND PLANNING
FEES, of the Zoning Ordinance is hereby repealed.
SECTION 51.
That Section 11-2-422 A., ZONING AND PLANNING
FEES, of the Zoning Ordinance is hereby re-enacted and shall read
as follows:
A petitioner or applicant for any of the zoning or planning
matters in this Title shall pay the fees established by the
Ci ty Council by resolution. No petition or application,
except as hereafter provided, shall be accepted by the City
unless accompanied by the required filing fee.
SECTION 52.
That Section 11-2-422 E.,
PAYMENT OF CITY
COSTS, of the Zoning Ordinance is hereby repealed.
SECTION 53.
That Section 11-2-422 E.,
PAYMENT OF CITY
COSTS, of the Zoning Ordinance is hereby re-enacted and shall read
as follows:
If all fees are not paid, the City may revoke any zoning
permit, conditional use permit, accessory use permit,
variance, occupancy permit, zoning certificate or other grant
of authority initially given the applicant, and in the case
ORDINANCE AMENDING THE ZONING ORDINANCE
Page - 23
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 888-4461
. ì
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of an annexation
property.
procedure,
the
Ci ty may de-annex
said
SECTION 54.
That Section 11-2-424 A2, Fence Regulation,
of the
Zoning Ordinance
of
the Ci ty
of Meridian is
hereby
repealed.
SECTION 55.
That Section 11-2-424 A2, Fence Regulation,
of the Zoning Ordinance of the City of Meridian is hereby re-
enacted and shall read as set forth in Exhibit "c" attached hereto
and incorporated herein.
SECTION 56.
That Section 11-9-604 C. PRELIMINARY PLAT, 4.
c. and d. of the Subdivision and Development Ordinance are hereby
repealed.
SECTION 57.
That Section 11-9-604 C. PRELIMINARY PLAT, 4.
c. of the Subdivision and Development Ordinance is hereby re-
enacted and shall read as follows:
c.
The applicant shall notify all adj oining property owners
of hearings as required. See 9-604 C.
SECTION 58.
That Sections 11-9-604 C. PRELIMINARY PLAT,
5. a., b., c. and d. of the Subdivision and Development Ordinance
are hereby repealed.
SECTION 59.
That Sections 11-9-604 C. PRELIMINARY PLAT,
5. a., b. c. and d. of the Subdivision and Development Ordinance
are hereby re-enacted and shall read as follows:
a.
Thirty (30) copies of the preliminary plat of the
proposed subdivision, drawn in accordance with the
requirements hereinafter stated; each copy of the
preliminary plat shall be on good quality paper, shall
have dimensions of not less than twenty-four (24) inches
by thirty-six (36) inches, shall be drawn to a scale
suitable to insure clarity of all lines, dimensions and
ORDINANCE AMENDING THE ZONING ORDINANCE
Page - 24
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 888.4461
I
, I;
8
8
other data, shall show the drafting date, and shall
indicate thereon, by arrow, the general northerly
direction;
b.
Thirty (30) copies of a one (1) inch equals three
hundred (300) feet scale map on 8-1/2" x 11" paper
indicating thereon all adjacent development and/or
lots of record within three hundred (300) feet of
any boundary of the proposed development, and the
layout of the proposed development in bold outline;
c.
Thirty (30) copies of the completed
subdivision application form;
executed
and
d.
Four (4) sets of conceptual engineering plans (not meant
to be detailed designs) for streets, water, sewers,
sidewalks and other required public improvements. Such
engineering plans shall contain sufficient information
and detail to enable the City Engineer to make a
determination as to conformance of the proposed
improvements to applicable regulations, ordinances and
standard s .
SECTION 60.
That Section 11-9-604 C., PRELIMINARY PLAT,
6. m., of the Subdivision and Development Ordinance is hereby
repealed.
SECTION 61.
That Section 11-9-604 C., PRELIMINARY PLAT,
6. m., of the Subdivision and Development Ordinance is hereby re-
enacted and shall read as follows:
m.
Any proposed or existing utilities, including, but not
limited to, storm and sanitary sewers, irrigation
laterals, ditches, drainages, bridges, culverts, water
mains, fire hydrants, street lights, and their
respective profiles;
SECTION 62.
That Section 11-9-604 H., FINAL PLAT, 1. a.,
of the Subdivision and Development Ordinance is hereby repealed.
SECTION 63.
That Section 11-9-604 H., FINAL PLAT, 1. a.,
of the Subdivision and Development Ordinance is hereby re-enacted
and shall read as follows:
ORDINANCE AMENDING THE ZONING ORDINANCE
Page - 25
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 888-4461
'I
. .
8
8
a.
Thirty (30) folded copies of the final plat;
SECTION 64.
That Section 11-9-605 I. PROTECTIVE COVENANTS,
of the Subdivision and Development Ordinance is hereby repealed.
SECTION 65.
That Section 11-9-605 1. PROTECTIVE COVENANTS,
of the Subdivision and Development Ordinance is hereby re-enacted
and shall read as follows:
I
PROTECTIVE COVENANTS
Protective covenants may be prepared and recorded as
part of a subdivision. This is usually done to provide
protection to future property owners by establishing
higher standards than required under other regulations.
The provisions within protective covenants are
enforceable through civil action, and local government
uni ts shall not be required to enforce these provisions.
The Council shall review and approve
subdivision restrictive covenants prior to
recording. Protective covenants may include
such things as: architectural committee,
minimum building floor area, mobile home
provisions, allowable livestock, location of
recreational vehicles, commercial and
industrial activity, number of dwelling
units, maintenance of open space, private
utility lines, allowable signing and
amendment provisions.
SECTION 66.
That Section 11-9-605 J., FENCES, 6., of the
Subdivision and Development Ordinance is hereby repealed.
SECTION 67.
That Section 11-9-605 J., FENCES, 6., of the
Subdivision and Development Ordinance is hereby re-enacted and
shall read as follows:
6.
Fences may be erected in all residential and limited
office districts subject to the following:
a. Solid or closed-vision fences to a height of
thirty-six (36) inches, or open-vision type fences to
a height of forty-eight (48) inches may be built from
the front of the dwelling unit to and including the
ORDINANCE AMENDING THE ZONING ORDINANCE
Page - 26
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Merldlan,ldaho
83642
Telephone 888-4461
'I
8
8
front property line. Fences to a height of seventy-two
(72) inches may be built from the front of the dwelling
unit to and including the rear property line;
b. Any open-vision fence, wall, or planting on or
within the clear-vision triangle shall be limited to
thirty-six (36) inches in height measured from the crown
of the street; and
c. Solid or closed non-vision fences to a height of
thirty-six (36) inches or open-vision type fences to a
height of forty-eight (48) inches may be built along the
front property line and along the side property line to
the front of the dwelling unit, except that a fence of
seventy-two (72) inches in height may be built upon
street and side property lines from the front of the
dwelling to the rear property line, provided that no
closed non-vision fence which exceeds thirty-six (36)
inches in height may be erected in the clear-vision
triangle.
d. Any developer intending to construct a fence on top
of a berm shall show the berm and the fence on the
preliminary plat and shall include with the preliminary
plat the design, placement, heights, specifications, and
drawing of said fence.
e. Any developer intending to construct a boundary
fence on the boundaries of a proposed subdivision shall
show the fence on the preliminary plat and shall include
with the preliminary plat the design, placement, height,
specifications and drawing of said fence.
Section 68.
That Section 11-9-605 J., Fences, 10. a. 12.
of the Subdivision and Development Ordinance is hereby repealed.
That Section 11-9-605 of the Subdivision and
SECTION 69.
Development Ordinance is hereby amended by the addition thereto
of a new subsection which shall be numbered 11-9-605 M., PIPING
OF DITCHES, and which shall read as follows:
M
PIPING OF DITCHES
Tiling of irrigation ditches, laterals or canals. All
waterways, irrigation ditches, laterals or canals,
exclusive of natural waterways, intersecting, crossing
or lying adj acent and contiguous to an area being
ORDINANCE AMENDING THE ZONING ORDINANCE
Page - 27
AMBROSE,
FITZGERALD
& CROOKSTON
Allorneys and
Counselors
P.O. Box 427
Merldlan,ldaho
83642
Telephone 888-4461
8
8
subdivided shall be covered and enclosed with tiling or
other equivalent covering which has the same ability to
detour access to said ditch, lateral or canal, or any
part of said lands or areas being subdivided which abut
either or both sides of said ditch, lateral or canal.
The City may waive this requirement for covering such
ditch, lateral or canal, if it finds that the public
purpose requiring such will not be served in the
individual case. Any covering program involving the
distribution system of any irrigation district shall
have the prior approval of that affected irrigation
district. No subdivision plat shall be approved where
the subdivision is arbitrarily or artificially laid out
to avoid being adj acent to any waterway, irrigation
ditch, lateral or canal to which it would otherwise be
naturally adj acent or which it would otherwise naturally
include.
Section 70.
That Section 11-9-606 A., RESPONSIBILITY FOR
PLANS, of the Subdivision and Development Ordinance is hereby
repealed.
SECTION 71.
That Section 11-9-606 A., RESPONSIBILITY FOR
PLANS, of the Subdivision and Development Ordinance is hereby re-
enacted and shall read as follows:
A.
RESPONSIBILITY FOR PLANS
It shall be the responsibility and liability of every
subdivider, and the owner of the land being subdivided,
to construct and install every improvement shown on the
plat of the subdivision or represented to be included
in the subdivision at any presentation before the
Planning and Zoning Commission or the City Council and
this responsibility and liability shall run with the
land and this responsibility and liability shall be
shown on the plat of the subdivision.
Section 72.
Section
IMPROVEMENTS,
11-9-606
That
B.,
PUBLIC, 13., Street Lighting, of the Subdivision and Development
Ordinance is hereby amended and shall read as follows:
13.
Street Lighting
a.
The City of Boise's Lighting Ordinance is hereby
ORDINANCE AMENDING THE ZONING ORDINANCE
Page - 28
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 888-4461
8
8
adopted by this reference as authorized by law.
Three (3) copies of Boise's Lighting Ordinance
shall be maintained and on file in the office of
the City Clerk, City of Meridian.
b.
That in the event the above street lighting
requirements are waived in the case of an R-4
single-family dwelling development or subdivision,
the developer and lot owner shall be responsible
for ensuring that there is a yard light installed
in the front year of each house in said
development; that the yard light shall be
controlled by a photo-electric cell which causes
the yard light to come on and shut off
automatically and said yard light shall be
electrically wired directly to the residence's
electrical breaker panel and comply with the
National Electrical Code.
c.
Every subdivider shall show on his development plan
where each street light is to be placed in the
subdivision.
Section 73.
That
Section
11-9-606
IMPROVEMENTS,
B.,
PUBLIC,
14.,
of the Subdivision and Development Ordinance is
hereby amended and shall read as follows:
14.
Pressurized Irrigation System - In each subdivision the
subdivider shall provide by underground tile, or other
like satisfactory underground conduit, pressurized
irrigation water to each and every lot within the
subdivision; the pressurized irrigation system shall be
constructed and installed at the same time as the
domestic water lines, but shall not necessarily be in
the same trenches; there shall be no cross-connections
between the domestic water lines and the irrigation
water lines that do not comply with Section 4-143 of the
Revised and Compiled Ordinances of the City of Meridian;
the City Engineer is hereby authorized and directed to
establish rules and regulations and standards for
pressurized irrigation systems and that all pressurized
irrigation systems shall comply with those standards,
rules and regulations. Provided, however, that the
requirements of this subsection may be waived upon proof
that any particular lot, parcel or piece of land does
not have water rights in an existing irrigation
district.
ORDINANCE AMENDING THE ZONING ORDINANCE
Page - 29
~
'I
, I,
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 888-4461
8
e
Al SO, the above requirement may be waived if the
subdivider either 1) deeds to the City land for a well,
drills the well and places the well on line with the
City water system, including the necessary pum~
piping, valves, pressure equipment, and all other
equipment necessary, and which well depth and capacity
are determined by the City; or 2) the sibdivider
deposits, gives, and grants sufficient funds with the
Ci ty to purchase all necessary equipment to put the well
on line with the City water system. In many
subdivisions the latter option my be preferable to the
City so that the City may combine funds to drill and
equip one large well to service several subdivisions,
rather than have several smaller wells of less capacity.
SECTION 74.
That Section 11-9-615 A. Subdivision Fees, I.,
of the Subdivision and Development Ordinance of the City of
Meridian is hereby repealed.
SECTION 75.
That Sections 11-9-615 A. Subdivision Fees,
1., of the Subdivision and Development Ordinance of the City of
Meridian is hereby re-enacted and shall read as follows:
A petitioner or applicant for one of the following
subdivision approval or application matters shall pay the
fees set forth below when filing an application or requesting
a permit before the Meridian Planning and Zoning Commission
and/or the City Council of Meridian. No petition or
application, except as hereafter provided, shall be accepted
by the City unless accompanied by the required filing fee.
The fees required for the various types of petitions and
applications shall be as follows:
SECTION 76.
That Section 11-9-617 A2, Fence Regulation,
of the Subdivision and Development Ordinance is hereby repealed.
SECTION 77.
That Section 11-9-617 A2, Fence Regulation,
of the Subdivision and Development Ordinance is hereby re-enacted
and shall read as set forth in Exhibit "D" attached hereto and
incorporated herein.
SECTION 78.
This Ordinance shall take
EFFECTIVE DATE:
ORDINANCE AMENDING THE ZONING ORDINANCE
Page - 30
'I
I,
8
8
effect and be in force and effect from and after its passage,
approval and publication as required by law.
PASSED by the City Council and Approved by the Mayor of the
City of Meridian, Ada County, Idaho, thiS~~ day of October,
1991.
APPROVED:
ATTEST:
~
K NIEMANN
..
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
ORDINANCE AMENDING THE ZONING ORDINANCE
Page - 31
P.O. Box 427
Meridian, Idaho
83642
Telephone 888-4461
8
8
2-409
ZONING SCHEDULE OF USE CONTROL
LANILIISES
2-409
I
~
¡..-
I
A
Residenäal
Apartment Houses
Boarding or
Lodging Houses
Child Care Centers
Family Child Care Home
Group Child Care Home
Home Occupations
Libraries
Mobile Home Parks and Subdivisions
Multi-Family Dwellings
Planned Unit Development -
General Planned Residential
Planned Residential Development (PD)
Single-Family Dwelling
Three- Family Dwelling
Two-Family Dwelling Duplex:
P = Permitted Use
C = Conditional Use
P-A ::¡ Permitted as Accessory Use
I
389
DISTRICTS
B:4MB:lS~kQ~C:QBSC.~Qï;m 1 14
c c c c
C C C C
C C C C C C C Cc- C '
P.A C C C C C C P.A '
C C C C C C C C
P.A C C P.A
C C C ..p"",..' '~>
C C C
P P C C
C C C C C C C C
C C C C C
P P P P P
C P P C
P P P
EXHIBIT "A"
2-409 ZONING SCHEDULE OF USE CONTROL
LAND USES DISTRICTS
2-409 B Commercial MB:BR:151HQlcQ!Hi~BSQQ:Gm 11 I M
Accounting Services C P P P C P C
8 Administrative Services C p P P C P C
Automobile Repair. Shop C ' P
Automobile Service Stations C C C P C
Automobile Washing Facilities C P C P Y P
Bakery Stores C p P C P C
Banks and other Financial p C P C P C
Bars, Alcoholic Establishments C C C C C C
Broadcasting, Radio and T.V. C P C C C C C
I Bus and Rail Stations C p C
~
N Cemeteries C C
I Child Care Center C C C C C C C C C
Churches C C P P C P
Clinics (Medical, Dental & Optical) C C C P P P C P C
Clubs & Lodges C C C C C C C
Construction Bldgs., Temp. C C C C C C C C C C C C
,-
8
P = Permitted Use
C = Conditional Use
389
r ;
I
f'.
r
2-409 ZONING SCHEDULE OF USE CONTROL
LANnUSES DISTRICl'S
2-409 B Commercial ~ B:a B:U R:4O . L:Q C:H ~ ~ M at :œ 1 M
(continued) ",
Convenience Stores C C P P C C C .
Department Stores "
P C P C
8 Drive-In Theaters, Drive-In ' ,
Establishments C C C C C C C .C C C C
Dry CleAning C C P C P ". P
Entertaûunent Centers, Indoor C C C P C P ..C "
Entertaûunent Centers, Outdoor C C C C C P"" .. C C
I Family Chßd Care Home P.A C C C P.A
.þ. Garages, Public C C C C C P P
1M Greenhouse, Nurseries C C C P C P C
I
Group Chi1d Care Home C C C C C C C C
Home Occupations P.A C C C
Hospitals C C C C C
Hotels C P C P C
Laboratories (Medical, Dental, Optical) P C C P
8
P = Permitted Use
C = Conditional Use
P.A = Permitted as Accessory Use
. .
389
, ,
2-409
~
LAND USES
ZONING SCHEDULE OF USE CONTROL
2-409
"
I
~
~
I
"
B
Commercial
(continued)
Laundries, Commercial
Laundromats,. Self-Service
Libraries and Museums
Mortuaries
Motels
Nursing Homes &: Sanitariums
Nurseries &: Day Care Centers
Planned Commercial Development
Planned Unit Development - General
Professional &: Sales Offices
Public Parking Lots
Public&: Quasi-Public Uses
Public Service Facilities
~lishing eft Printing Facilities (small)
P = Permitted Uses
C = Conditional Uses
DR = Design Review
888
-. _J
..
~;
~
f
DISTRICTS
~ M lk15 B:4Q Id1 Q=H ~ BB.C'!Hi ar m I M
..
P ç P
C C C P P P C
P P P P P P P
P P . P C
C P C
C C C
C C C C C C C C C
C C P P C P C
C C C C C C C C
C C P C P C P C
C C C C P C P P P
C C C P C C C C
PDR PDR PDR PDR PDR PDR PDR PDR PDR PDR PDR
P P C P C P P
n
; ~
I f ~
~
ZONING SCHEDULE OF USE CONTROL
LAND USES-
~
c
DISTRICTS
B:iB:a~IYDL:Q~C:QBSQ~mm 1 ltf
C C C C C C C,C
C
C C C P C P C P P
C P C P .C C c;
C p C c..
C C C P P
C C C
C C C C C C C C C C C
P P P P C C C P
I
.
.
-
I
Commercial
(continued)
Radio & T.V.
Regional Shopping Center
Restaurants
Retail Stores
Retirement Homes
Research Facilities
Sales Lots (Auto. Ree. &: Agric.. Etc.)
School - Private. NurseI)'
School - Public
8
8
P = Permitted Uses
C = Conditional Uses
889
!..
2-409
LAND. USES
2-409
8
I
~
~
~
I
8'
I
-,;
i.
t
ZONING SCHEDULE OF USE CONTROL
Commercial
(continued)
'ShOpping Centel'Sy Community
Shopping Centers, Neighborhood
Shopping Centers, Regional
Storage Facilities, Indoors
Storage Facilities, Outdoors
Service Stations
Truck Stops
Technical School - (With Curricula Related
to the Principal Uses)
Veterinary Clinics & Hospitals
Wholesale Facilities
DISTRICTS
~B:B.R:J4&jQIdlIDi~BSQt:GŒD I K
""-
P C
C C C C P C
P
P ~ ;f
~
C C C Y P P
C C C P C C P
P P
C P
C P P P
C P P P
C
P = Permitted Uses
C = Conditional Uæs
389
,
I
r~
8
I
,þ
U1
I
8
2-409
ZONING SCŒDULE OF USE CONTROL
LAND USES
DISTRICTS
"
2-409
C- INDUSTRIAL
R-4 R-a a-IS R-40 L-O C-N C-C l§£ C-G Q! TE ! !!
Apparel Manufacturing
Asphalt« Concrete
Automobile Wrecking Yard« Storage
Bakery Products
Bottling« Packaging
Bulk Storage (Flammable Liquids
or Gases)
Cabinets, Doors, Toys « Other
Secondary Wood Products
Carpet « Dry Cleaning
Contractors Yard
Electrical Supplies« Appliances
Electronic Equipment «Products
Equipment - Heavy, Farm, Etc.
(Sales «Repair)
Fabricated Metal Products
E:{cept Foundry Operations
Feed, Seed« Fertilizer Store
Film Laboratories
Fuel Yards
Industrial Research
Instruments
Junk Yard
Leather Products (Except Tanning)
Lumber Yards
Machine Shop
Mobile Home Manufacturing
Motor Vehicle Repair
Molded Plastic Products
, ,
P = Permitted Use
C = Conditional Use
381
P
P P
. - C
C P C P
C' P
C
C P
C P
C P
C P
C P
C P P
P
C P
P
C
P
P
C
C C
C C P
C P P
P
C C P
P
8
8,
¡,-- '
.,.
2-409
LAND USES
ZONING SCHEDULE OF USE CONTROL
2-409
c
Industrial (Continued)
Of6ceMachines
Photographic Equipment
,- Planned Unit Development-General
Planned Unit Development- Industrial
Printing and Publishing
Processing plants
Public UtilitY Yards
Railroad Yards Be Shops
Recycling plants
small Machinery Be Component Parts
Solid Waste Transfer Stations
Warehousing Be Wholesaling
(Ord. 499, 11-1-88; amended Old. 499,1-17-89)
I
~
0\
I
P =
C =
389
Permitted Use
Condirionài Use
DISI'RIcrS
M R-8 R-15 R-40 L-O C-N
C
C
c.c
C
,
~ C-G OT TE 1. ..M...
C
C
.~
C
C
C
P
P
CC
P
P P
C
P
P
P
P
P
C P
C
C
S'. .-
[
'2-410 ZONING SCHEDULE OF BULK ~D coVe~GE CONTRCX.S~~
~ .
2-410 A
,
District
Minimum Yard SeIÞack Requír8m8IdS
Minimum InÌer1oi- SII8et
Lot Area Front ~ : Rear ~ Side Side
Maxunum '. MaximUØ'l Minimum
Lot Cov. Buid. SII8et
[iii") Height .frontage
c-
I
"
~}
R-4
8,000 sq.ft. 30' (1) 15' ( 7) 25' (1)
Per D.U. 20' (2) - 5" 20" (2) 35'
6,000 sq.ft. (3) 30' (1) 25' (1)
4,250 sq.ft. (4) 20' (2) 15' (7) 5'. 20" (2) ~ 35'
Per D.U.
2,400 sq.ft. 20' 15' ( 7) 5'* 20'* 40'
Per D.U. ...r'
. '.
20' 15' (7) 0 20' 40'
7,000 sq.ft. 30' (1) 25' (1)
20' (2) 20' 5'. 20' (2) SO" 35'
4-8 Acres 15' 25' 10' 10' ¡oo¡c, 35'
8-30 Acres 25' 0 0 0 ¡oo¡c, 40'
15' 0 0 0 ¡oo¡c, 40'
7S + Acres 70' 0 0 30' 70%. 40'
See District Regulation for Corresponcing Use Proposed
80 (6) Acres 35' 20' 20' 30' 6O"J(, 0
35' 0 0 30' 70%. 40'
, .
20 Acres 60' 15' 10' 39' ., 10" so'
.
R-8
R-15
I
....
.....
I
R-40
L-O
C-N
C-C
CoG
RSC
.
OT
TE
I-L
M
70"
r,
60'
so'
, ,
'SO'
SO'
NA
N.A.
NA
NA
(4) Two-Family DaRings
(5'.) Per Story
(6) A Smaller Minimum Lot May be Requested and Granted
if Deemed Feasible (Ord. 456, 9-3-85; amd. Ord. 470,
10-86; Ord. 490, 10-20-87; Ord. 524, 4-3-90)
(7) On corner lots in' Residential Districts,
the rear set back may be determined on a
sidèof a structure, at the)optionof the
builder.
(1)
(2)
(3)
.
Arterial and CoDectDr Streets
Local S Ir8e1S
Single-Family Dwel6ngs
SIr'8et Frontage Determined on Cul-De-Sac
Lots at Setback Line
II
490
0'
EXHIBIT liB"
"",":~,.""'" «,'" , '"
"...
"
.
A-424 ^'2
ç;roperty Lf":
......
CITY OF MERIDIAN
728 Meridian Street
888-4433
Fence Regulation
INSIDE LOT
" ..,
.
61 Solid or Open Fence
Behind Set Back
",
31 Solid Fence
or41Open
.. Type Fence
In Front of Setback
ground
area
Fence Regulation
CORNER LOT
Leave Open Access
to ~Iater Meters,
Fire Hydrant,
Power Transformers, etc
( 6 1 Wood t 'So 1 i d
or Open Fence
~ty L1 ne
31 Wood or Solid Fence
, or 41 Open Fence
~...
~ee
':,tf\.
/"
e
EXHIBIT lie"
;.
.,'., '..., .
Fence Regulation
INSIDE LOT
9-617 A2
CITY OF MERIDIAN
728 Meridian Street
888-4433
.. ~roperty L1 ne
:;", ,..
6' Solid or Open Fence
Behind Set Back
,
o.
.----.
\
3' Solid Fence
or 4' Open'
.' , Type Fence
t n Front of Setback ~
4' X 4' ground
area
Fence Regulation
CORNER LOT
Leave Open Access
to ~Iater Meters,
Fire Hydrant,
Power Transformers, etc:
(6' Wood, Solid
or Open Fence
'\,.
"
3' Wood or Solid Fence
or 4' Open Fence
,,""
'(ee
~~
/'
EaBIT "D"
etc.
•
SUMMARY OF ORDINANCE 557
On October 1 , 1991 , at its regular meeting on the 1st Tuesday
of the month , the Meridian City Council passed and approved
Ordinance No . 557 , which Ordinance amended the Zoning Ordinance
and the Subdivision and Development Ordinance which are contained
in Title 11 , Chapters 2 and 9 , respectively, of the Revised and
Compiled Ordinances of the City of Meridian , the Title of which
Ordinance No . 557 reads as follows :
ORDINANCE NO. 557
AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING CHAPTER 2,
ZONING ORDINANCE , AND CHAPTER 9, SUBDIVISION AND DEVELOPMENT
ORDINANCE , BOTH OF TITLE 11 , OF THE REVISED AND COMPILED
ORDINANCES OF THE CITY OF MERIDIAN , WHICH AMENDMENTS DO THE
FOLLOWING : 1 ) REGARDING THE ZONING ORDINANCE , IT CHANGES THE
JURISDICTION OF THE ZONING ORDINANCE FROM THE AREA OF IMPACT TO
THE LAND THE CITY HAS JURISDICTION OVER PURSUANT TO THE AREA OF
IMPACT AGREEMENTS ; AMENDS SECTION 11-2-403 B . DEFINITIONS BY
ADDING, DELETING, AMENDING AND PUNCTUATING SOME OF THE
DEFINITIONS; REPEALS SECTION 11-2-404 C . 1 . AND RE-ENACTS SAID
SECTION TO DELETE THE REQUIREMENT THAT A PLANNING AND ZONING
COMMISSION MEMBER SHAD_ BE ADDED FOR EACH ADDITIONAL 5,000
INCREASE IN POPULATION AND TO SET THE TERM OF OFFICE OF
COMMISSIONERS AT SIX YEARS; AMENDS SECTION 11-2-404 C . 2 . BY THE
ADDITION THERETO OF THE POWER BY THE COMMISSION TO APPOINT HEARING
EXAMINERS; AMENDS SECTION 11-2-404 D . 1 . BY THE ADDITION THERETO
OF TWO SUBSECTIONS GIVING THE COUNCIL POWER TO APPOINT HEARING
EXAMINERS AND TO PERFORM DUTIES AS REQUIRED BY THE ZONING
ORDINANCE ; AMENDS SECTION 11-2-405 C . 1 . AND 2 BY DELETING THE
WORDS "CONDITIONAL USE" THEREFROM AND INSERTING "VARIANCE" ; AMENDS
SECTION 11-2-406 C . BY DELETING THE WORDS "OR AMENDMENT" AND
INSERTING THE PHRASE "APRIL 2, 1984" ; AMENDS SECTION 11-2-407 B .
2 . d . TO DELETE AN "0" AND INSERT THE WORD "OR" ; AMENDS SECTION
11-2-407 C . TO DELETE THE WORD "AGRICULTURAL" ; REPEALS SECTION
11-2-408 B . 1 . , LOW DENSITY RESIDENTIAL DISTRICT, AND RE-ENACTS
SAID SECTION, AND AMENDS SECTION 11-2-409 , ZONING SCHEDULE OF USE
CONTROL , A. , RESIDENTIAL , SO BOTH STATE THAT ONLY SINGLE-FAMILY
DWELLINGS, PUBLIC SCHOOLS, AND PLANNED RESIDENTIAL DEVELOPMENTS
SHALL BE ALLOWED IN THE R-4 DISTRICT; AMENDS SECTION 11-2-409 ,
ZONING SCHEDULE OF USE CONTROL , B . COMMERCIAL , TO STATE THAT
CHURCHES ARE A PERMITTED USE IN OLD TOWN , CHILD CARE CENTERS ARE
A CONDITIONAL USE IN THE C-G ZONE , AND THAT BARS, ALCOHOL
ESTABLISHMENTS ARE A CONDITIONAL USE IN OLD TOWN ; AMENDS SECTION
11-2-409, ZONING SCHEDULE OF USE CONTROL , C . , INDUSTRIAL , TO
AMBROSE, REMOVE FROM "FABRICATED METAL PRODUCTS" , MAJOR WELDING; REPEALS
F FITZGERALD SECTION 11-2-410, ZONING SCHEDULE OF BULK AND COVERAGE CONTROLS,
BCROOKSTON A. , AND RE-ENACTS SAID SECTION TO CHANGE THE REQUIREMENTS AND TO
DELETE THE AGRICULTURAL DISTRICT AND TO CHANGE THE "1 " DISTRICT
A Attorneys and
Counselors TO " I-L" ; AMENDS 11-2-410 B . 4. TO ADD "CHIMNEY ' AS AN
p ARCHITECTURAL PROJECTION ; AMENDS SECTION 11-2-410 D. 1 . b . (4 ) TO
P.O.Box 42?
M
Meridian,Idaho
834142SUMMARY OF ORDINANCE 557 PAGE - 1
oku Telephone 1100-44411
1)
7 . TO ADD A NEW SUBSECTION k . WHICH SHALL REQUIRE THAT FENCES TO
BE CONSTRUCTED ON BERMS BE SHOWN ON THE PRELIMINARY PLAT; AMENDS
SECTION 11-9-605 J . , FENCES , TO ADD A NEW SUBSECTION 8. WHICH
SHALL REQUIRE THAT DEVELOPERS INTENDING TO CONSTRUCT BOUNDARY
FENCES SHOW THAT ON THE PRELIMINARY PLAT; REPEALS SECTION 11-9-
605 J . 10. a . 12. ; AMENDS SECTION 11-9-605 BY THE ADDITION THERETO
OF A NEW SUBSECTION M. TO REQUIRE THAT DITCHES AND WATERWAYS IN
NEW SUBDIVISIONS BE PIPED; AMENDS SECTION 11-9-606 A. TO RENUMBER
THE SECTION AND ADD A NEW SUBSECTION 2 . STATING THAT IT IS THE
LIABILITY OF THE SUBDIVIDER AND OWNER TO SEE THAT IMPROVEMENTS
SHOWN ON THE PLAT ARE CONSTRUCTED; SECTION 11-9-606 B . 13 . IS
AMENDED TO ADD A NEW SUBSECTION c . REQUIRING THAT THE LOCATION OF
STREET LIGHTS BE SHOWN ON THE PLAT; SECTION 11-9-606 B . 14 . IS
AMENDED BY THE ADDITION OF AN ADDITIONAL PARAGRAPH RELATING TO THE
WAIVER OF THE PRESSURIZED IRRIGATION REQUIREMENTS; REPEALS SECTION
11-9-615 A. 1 . AND RE-ENACTS SAID SECTION TO REQUIRE THE
SUBDIVIDER TO PAY THE FEES ESTABLISHED BY THE CITY COUNCIL BY
RESOLUTION ; AND PROVIDING AN EFFECTIVE DATE .
•
The provisions of Ordinance No . 557 are accurately stated in
the above title but the principal amendments of the Ordinance are
as follows :
ZONING ORDINANCE
1 . Amends the Jurisdiction of the Zoning Ordinance to cover
land the City has jurisdiction over pursuant to the Area of Impact
Agreements between the City and Ada County.
2 . Deletes portions of, adds to, or amends some of the
existing definitions . Some of the changes are minor involving
punctuation or adding to the definition the effective date of the
original adoption of the Zoning Ordinance, April 2 , 1984, The
following reflect the changes of significance :
Applicant is changed to mean any person submitting a request
for rezone, conditional use, accessory use, annexation , or
request to be allowed to make any application authorized
under this ordinance.
Automobile Wrecking Yard is changed to reflect a 30 day time
period rather than a 60 day time period as the maximum time
for the holding of an unlicensed vehicle before the place of
holding is deemed a wrecking yard .
Clinic (Medical , Dental , Optical ) is changed to mean a
building ( other than a hospital ) used by one ( 1 ) or more
health care practitioners for the purpose of care, diagnosis
AMBROSE. or treatment of sick , ailing , infirm, or injured j patients ,
&CROOKSTON or those who are in need of medical and surgical attention ,
but which building does not provide board , room or regular
Attorneys end hospital care and services . "
Counselors
P.O.Box 421
Meddler%Idaho
63642 SUMMARY OF ORDINANCE 557 PAGE - 3
Telephone 8864461
Commercial Use or Business is changed to mean the purchase
sale 'or other transaction involving the handling or
disposition of any article , substance or commodity, or the
dispensing of services for livelihood or profit; ownership
or management of office buildings , offices for recreational ,
entertainment or amusement enterprises or the maintenance and
use of offices by professions and trades rendering services
' is included in this definition . "
Convalescent or Nursing Home , Rest Home is changed to mean
any home, place or institution which operates or maintains
facilities providing convalescent , or chronic care, or both,
for a period in excess of twenty-four ( 24 ) consecutive hours
for two ( 2 ) or more patients not related by blood or marriage
to the operator, and said patients , who by reason of illness
or infirmity, are unable to properly care for themselves .
District or Zone is changed to delete the Agricultural
Zone as a zone within the city.
Entertainment Facilities ( Commercial ) is changed to mean any
structure housing any "for profit" activity, which is
generally related to the entertainment field , such as motion
picture theaters , taverns , night clubs , cocktail lounges ,
bowling allies , and similar entertainment activities . "
Fence is added as a definition which means an enclosure;
especially an enclosing barrier, as one to prevent straying
from within or intrusion into.
Fence, Open is added as a definition which means a fence that
does not restrict or impede vision or sight through the fence
by more than twenty percent .
Lot , Flag lot , is added as a definition which means a lot in
the shape of a flag on a pole or similar design . A flag lot
shall have a minimum frontage of thirty ( 30) feet and a house
place on a flag lot shall have the house facing the street
frontage .
Highway definition is changed to mean the entire width
between the boundary lines of every way publicly maintained
when any part is open to the use of the public for vehicular
traffic , with jurisdiction extending to the adjacent property
line, including sidewalks , shoulders , berms , and rights-of-
way not intended for motorized traffic . The term ' street '
is interchangeable with highway.
AMBROSE,
FITZGERALD
aCROOKSTON Impact Area is changed to delete the language which indicated
that the Zoning Ordinance applied to all land in the Impact
Attorneys Area rather than just the land over which the City has
jurisdiction .
P.O.Box 427
Meridian,
Idaho SUMMARY OF ORDINANCE 557 PAGE - 4
Telephone 1180-44(11
.•
•
Ownership is changed to mean the individual , firm,
association , syndicate , partnership or corporation who
is the owner of property .
Professional . Offices is changed to mean structures where
'those engaged in a profession conduct their business and
activity" .
Walkway is changed to delete the phrase "five ( 5 ) feet or
more in width . "
3 . The terms of the Planning and Zoning Commission are
fixed at six ( 6) years and the requirement that a new Commission
member be added for each additional 5 ,000 increase in population
is deleted .
4 . The City Council and the Planning and Zoning Commission
are given the authority to appoint hearing officers .
5 . The Use and Bulk Regulations are amended to reflect that
the variance procedure rather than the conditional use procedure,
will be used for an applicant to obtain use and bulk regulation
changes .
6. There are several changes to more precisely reflect that
April 2 , 1984, is the date from which grandfather rights are
determined rather than the date of enactment of the ordinance or
its amendment .
7 . The Agricultural Zone is deleted from the Zoning
Ordinance as an authorized zone .
8. The R-4, Single Family Residential Zone restrictions are
amended to reflect that no uses other than single-family
dwellings , public schools , or planned residential developments
will be allowed in that zone . The Schedule of Use Control is
amended to reflect this change .
9. The Schedule of Use Control is amended to reflect that
Churches are a permitted use in Old Town , that Child Care Centers
are a conditional use in the C-G Zone, that Bars , Alcoholic
Establishments are a conditional use in Old Town , and that Major
Welding is removed from the Fabricated Metal Products .
10. The Zoning Schedule of Bulk and Coverage Controls , is
amended to remove the A District and its associated requirements,
the I under Districts is changed to I -L , and an asterisk (*) is
added under R-15, Minimum Yard Setback Requirements from road
right-of-way interior side so that the street frontage is
determined on the cul -de-sac lots at the setback line , and a
footnote ( 7 ) is added stating that "On corner lots in Residential
Districts , the rear set back may be determined on a side of the
AMBROSE, structure, at the option of the builder" , and a ( 7 ) shall be added
FITZOERALD under Minimum Yard Set Back Requirements under Rear Set Back in
&CROOKSTON
the R-4, R-8, R-15 and R-40 Districts , and the phrase "From Road
Attorneys and Right-of-Way" is be deleted from "Minimum Yard Setback Requirement
Counselors from Road Right-of-Way" .
P.o.Box 427 11 . Chimneys are added to the list of architectural
Meridian,Idaho
03442
Telephone 808-44431 SUMMARY OF ORDINANCE 557 PAGE - 5
/
proj•ections .,
12 . Several sections are amended or repealed to delete the
requirement that applicants pay the legal , engineering and
publication costs of processing the application and grant a lien
to secure those costs and regarding conditional use permits the
requirements that the applicant state the use does not violate
covenants or deed restrictions and obtain the consent to 75% of
the property owners within 100 feet, are deleted .
13. The amendment now requires that all multi -storied single
family dwellings have a minimum of 800 square feet of living space
on the ground floor.
14 . Two sections of the Zoning Ordinance relating to
accessory buildings and home occupations were repealed since they
were duplicative of existing sections .
15. Drainage plans were added as a requirement for off-
street parking and the parking space requirement for nursery
schools , day care centers and kindergartens was changed to one
space for every ten children plus one space per staff member .
16. The requirement that a dual request for a zoning
amendment and a development , be processed under the development
approval procedure process was deleted .
17. The requirements to be fulfilled by an applicant for a
zoning change , which also apply to other applications , were
changed so that the applicant still provides the names of property
owners within 300 feet , certifies that the list is correct , and
posts the property with the notice of hearing and certifies that
he so posted the property, but the City performs most of the other
notice requirements , conducts the hearings on the application ,
must act on the application within a certain time period , and
keeps a record of all proceedings .
18. Removes the ability of a lessee to apply for a
conditional use permit .
19. The fee schedule is repealed and authorizes the City
Council to provide for a fee schedule which all applicants must
pay before the application is accepted and if for some reason the
fee is not paid any approval may be revoked .
20. The fence illustration is amended to change "chain link
fence" to "open fence" and to show that a 4 ' x 4 ' ground area must
be left open around utility accesses .
SUBDIVISION AND DEVELOPMENT ORDINANCE
21 . Several sections are amended or repealed to delete the
requirement that applicants pay the legal , engineering and
publication costs of processing the application and grant a lien
to secure those costs .
22 . The number of required copies to be submitted is changed
AMBRDSE, from 27 to 30 for both preliminary and final plats but the number
FITZGERALD of copies of conceptual engineering plans is reduced form 7 to 4 .
&CROOKSTON 23. The official to check preliminary plat drawings is
Attorneys anti changed from the Zoning Administrator to the City Engineer .
Counselors 24 . The placement of street lights are added to the
P.O.Box 427 requirements of the preliminary plat .
Meridian,Idaho
1131142 SUMMARY OF ORDINANCE 557 PAGE - 6
Telephone 611&4161
..'
. 25 . The governing body to approve subdivision covenants and
restrictions is changed from the Planning and Zoning Commission
to the City Council .
26. Additional fence regulations are added which require
that a fence to be constructed on top of a berm or constructed as
a boundary fence shall be shown on the preliminary plat showing
the specifications of the fence.
27 . A new section is added to the subdivision requirements
that all waterways , irrigation ditches , laterals or canals ,
exclusive of natural waterways , shall be covered and enclosed with
tiling.
28. The owner of the land , and the subdivider thereof, are
made responsible and liable for construction of all of the
improvements shown on the plat or represented to the City as being
included in the development .
29. The fee schedule is repealed and authorizes the City
Council to provide for a fee schedule which all applicants must
pay before the application is accepted .
30. The fence illustration is amended to change "chain
link fence" to "open fence" and to show that a 4 ' x 4 ' ground area
must be left open around utility accesses .
The Ordinance is effective upon passage, approval and
publication of this Summary according to law.
The full text of Ordinance 557 is available at the Meridian
City Hall , 33 East Idaho, Meridian , Idaho, and will be promptly
provided by the City Clerk to any citizen upon personal request.
ATTORNEY ' S CERTIFICATE
The undersigned , WAYNE G . CROOKSTON , JR . , in his capacity as
City Attorney of the City of Meridian , pursuant to Section 50-901
A. (3 ) , Idaho Code, as amended , hereby certifies that he has
reviewed the above Summary of Ordinance No. 557, of the City of
Meridian , Idaho, and finds the same to be true and complete and
provides adequate notice to the public of the provisions of the
Ordinance.
DATED this day of October , 1991 .
WAYfN , JR . -------__ _
CITY ATTORNEY
CITY OF MERIDIAN
AMBROSE,
FITZGERALD
&CROOKSTON
Attorneys end
Counselors
P.O.Box 427
Meridian,Idaho
83642 SUMMARY OF ORDINANCE 557 PAGE - 7
Telephone 668.461
a, t H
ORDINANCE NO. 5
OF THE CITY OF MERIDIAN AMENDING CHAPTER 2,
AND CHAPTER 9, SUBDIVISION AND DEVELOPMENT
OF TITLE 11, OF THE REVISED AND COMPILED
ORDINANCES OF THE` CITY OF MERIDIAN, WHICH AMENDMENTS DO THE
FOLLOWING: 1) REGARDING THE ZONING ORDINANCE, IT CHANGES THE
JURISDICTION OF THE ZONING ORDINANCE FROM THE AREA OF IMPACT TO
THE LAND THE CITY HAS JURISDICTION OVER PURSUANT TO THE AREA OF
IMPACT AGREEMENTS; AMENDS SECTION 11-2-403 B. DEFINITIONS BY
ADDING, DELETING, AMENDING AND PUNCTUATING SOME OF THE
DEFINITIONS; REPEALS SECTION 11-2-404 C. 1 . AND RE-ENACTS SAID
SECTION TO DELETE THE REQUIREMENT THAT A PLANNING AND ZONING
COMMISSION MEMBER SHALL BE ADDED FOR EACH ADDITIONAL 5,000
INCREASE IN POPULATION AND TO SET THE TERM OF OFFICE OF
COMMISSIONERS AT SIX YEARS; AMENDS SECTION 11-2-404 C. 2. BY THE
ADDITION THERETO OF THE POWER BY THE COMMISSION TO APPOINT HEARING
EXAMINERS; AMENDS SECTION 11-2-404 D. 1. BY THE ADDITION THERETO
OF TWO SUBSECTIONS GIVING THE COUNCIL POWER TO APPOINT HEARING
• EXAMINERS AND TO PERFORM DUTIES AS REQUIRED BY THE ZONING
ORDINANCE; AMENDS SECTION 11-2-405 C. 1. AND 2 BY DELETING THE
WORDS "CONDITIONAL USE" THEREFROM AND INSERTING "VARIANCE"; AMENDS
SECTION 11-2-406 C. BY DELETING THE WORDS "OR AMENDMENT" AND
INSERTING THE PHRASE "APRIL 2, 1984" ; AMENDS SECTION 11-2-407 B.
2. d. TO DELETE AN "0" AND INSERT THE WORD "OR" ; AMENDS SECTION
11-2-407 C. TO DELETE THE WORD "AGRICULTURAL"; REPEALS SECTION
11-2-408 B. 1 . , LOW DENSITY RESIDENTIAL DISTRICT, AND RE-ENACTS
SAID SECTION, AND AMENDS SECTION 11-2-409, ZONING SCHEDULE OF USE
CONTROL, A. , RESIDENTIAL, SO BOTH STATE THAT ONLY SINGLE-FAMILY
DWELLINGS, PUBLIC SCHOOLS, AND PLANNED RESIDENTIAL DEVELOPMENTS
SHALL BE ALLOWED IN THE R-4 DISTRICT; AMENDS SECTION 11-2-409,
ZONING SCHEDULE OF USE CONTROL, B. , COMMERCIAL, TO STATE THAT
CHURCHES ARE A PERMITTED USE IN OLD TOWN, CHILD CARE CENTERS ARE
A CONDITIONAL USE IN THE C-G ZONE, AND THAT BARS, ALCOHOL
ESTABLISHMENTS ARE A CONDITIONAL USE IN OLD TOWN; AMENDS SECTION
11-2-409, ZONING SCHEDULE OF USE CONTROL, C. , INDUSTRIAL, TO
REMOVE FROM "FABRICATED METAL PRODUCTS", MAJOR WELDING; REPEALS
SECTION 11-2-410, ZONING SCHEDULE OF BULK AND COVERAGE CONTROLS,
A. , AND RE-ENACTS SAID SECTION TO CHANGE THE REQUIREMENTS AND TO
DELETE THE AGRICULTURAL DISTRICT AND TO CHANGE THE "I" DISTRICT
TO "I-L" ; AMENDS 11-2-410 B. 4. TO ADD "CHIMNEY' AS AN
ARCHITECTURAL PROJECTION; AMENDS SECTION 11-2-410 D. 1. b. (4) TO
DELETE THE REQUIREMENT RELATING TO COVENANTS AND RESTRICTIONS;
AMENDS SECTION 11-2-410 D. 1 . b. (5) TO DELETE THE REFERENCE TO
COSTS OF NOTICE, LEGAL AND ENGINEERING FEES; AMENDS SECTION 11-2-
410 D. 1. b. (7) TO DELETE THE "NOT" AND INSERT "NO" ; AMENDS
SECTION 11-2-411 D. TO ADD A NEW SUBSECTION 6. TO STATE THAT
AMBROSE, MULTI-STORIED SINGLE-FAMILY DWELLINGS MUST HAVE A MINIMUM OF 800
FITZGE ALD SQUARE FEET ON THE GROUND FLOOR; REPEALS SECTION 11-2-414 C. 1.
AND 11.; AMENDS SECTION 11-2-414 D. BY THE ADDITION OF A
Attorneys and
Co"""lor ORDINANCE AMENDING THE ZONING ORDINANCE
P.O.Box 147 Page - 1
M«MNn,wsho
1354
TN.phone6BBiM1
•
SUBSECTION 3. DEILING WITH DRAINAGE; AMENDS SECTION 11-2-414 E.
f. (1) TO CHANGE "ONE SPACE FOR EACH BUS OR OTHER VEHICLE" TO "ONE
SPACE FOR EVERY TEN CHILDREN"; AMENDS SECTION 11-2-416 B. TO
DELETE THE REQUIREMENT THAT A ZONING AND SUBDIVISION REQUEST BE
PROCESSED AS SUBDIVISION APPLICATION; REPEALS"SECTION 11-2-416 C.
17. ; REPEALS SECTIQN 11-2-416 E. PROCEDURE, 1. a. AND RE-ENACTS
SAID SECTION TO CHANGE THE REQUIREMENTS THAT AN APPLICANT MUST
PERFORM IN OBTAINING A ZONING AMENDMENT; REPEALS SECTION 11-2-416
E. PROCEDURE, 1.: c. ; REPEALS SECTION 11-2-416 E. PROCEDURE, 2.
AND RE-ENACTS SAID SECTION TO STATE THAT THE COMMISSION SHALL GIVE
THE NOTICE OF HEARING RATHER THAN THE APPLICANT; AMENDS SECTION
11-2-416 F. 1. TO DELETE THE MAILING NOTICE REQUIREMENTS BY THE
APPLICANT AND HAVING THE CITY PERFORM THAT TASK; AMENDS SECTION
11-2-417 TO DELETE THE REQUIREMENT THAT THE OWNER GRANT A LIEN TO
SECURE PAYMENT OF COSTS; AMENDS SECTION 11-2-418 B. TO REMOVE THE
ABILITY OF A LESSEE TO APPLY FOR A CONDITIONAL USE PERMIT; REPEALS
SECTIONS 11-2-418 B. 12, 14, 15, AND 18 TO REMOVE THE REQUIREMENTS
OF 75% CONSENT, THE GRANTING OF A LIEN TO SECURE PAYMENT OF COSTS,
A STATEMENT THAT THE USE DOES VIOLATE COVENANTS OR RESTRICTIONS,
AND REMOVING THE STATEMENT THAT NO CONDITIONAL USE WILL BE GRANTED
•
IF IT VIOLATES THE COVENANTS OR RESTRICTIONS; REPEALS SECTION 11-
2-419 B. 22. REMOVING THE REQUIREMENT FROM THE VARIANCE PROVISIONS
THAT THE OWNER GRANT A LIEN TO SECURE PAYMENT OF COSTS; REPEALS
SECTION 11-2-422 A. AND RE-ENACTS SAID SECTION REQUIRING
APPLICANTS TO PAY THE FEES ESTABLISHED BY THE CITY COUNCIL
PURSUANT TO RESOLUTION; AND REPEALS SECTION 11-2-422 E. AND RE-
ENACTS SAID SECTION TO REMOVE THE REQUIREMENT THAT THE APPLICANT
PAY THE LEGAL, ENGINEERING AND PUBLICATION COSTS AND GRANT A LIEN
TO SECURE THE PAYMENT THEREOF, BUT LEAVING THE LANGUAGE STATING
THAT IF THE FEES REQUIRED ARE NOT PAID THAT THE CITY MAY REVOKE
ANY ACTION APPROVING THE APPLICATION. 2) REGARDING THE
SUBDIVISION AND DEVELOPMENT ORDINANCE, IT REPEALS SECTION 11-9-
604 C. 4. c. AND RENUMBERS 11-9-604 C. 4. d. TO 11-9-604 C. 4. c. ;
AMENDS SECTION 11-9-604 C. 5. a. b. AND c. TO DELETE THE
REQUIREMENT OF TWENTY-SEVEN COPIES AND INSERTS THIRTY COPIES;
AMENDS SECTION 11-9-604 C. 5. d. TO DELETE THE "7" COPIES AND
INSERTS "4" COPIES OF CONCEPTUAL ENGINEERING PLANS AND CHANGES THE
"ADMINISTRATOR" TO THE "CITY ENGINEER" AS THE OFFICIAL TO
DETERMINE CONFORMANCE TO REGULATIONS, ORDINANCES AND STANDARDS OF
THE CITY; REPEALS SECTION 11-9-604 C. 6. m. AND RE-ENACTS SAID
SECTION TO ADD STREET LIGHTS; AMENDS SECTION 11-9-604 H. 1. a. TO
DELETE "27' AND INSERT "30" COPIES OF THE PLAT; AMENDS SECTION 11-
9-605 I. TO DELETE "COMMISSION" AND INSERTS "COUNCIL" AS THE
ENTITY THAT REVIEWS COVENANTS; AMENDS SECTION 11-9-605 J. , FENCES,
7. TO ADD A NEW SUBSECTION k. WHICH SHALL REQUIRE THAT FENCES TO
BE CONSTRUCTED ON BERMS BE SHOWN ON THE PRELIMINARY PLAT; AMENDS
SECTION 11-9-605 J. , FENCES, TO ADD A NEW SUBSECTION 8. WHICH
SHALL REQUIRE THAT DEVELOPERS INTENDING TO CONSTRUCT BOUNDARY
AMBROSE. FENCES SHOW THAT ON THE PRELIMINARY PLAT; REPEALS SECTION 11-9-
FITZGERALO 605 J. 10. a. 12. ; AMENDS SECTION 11-9-605 BY THE ADDITION THERETO
CROO
i CROOKSTON
OF A NEW SUBSECTION M. TO REQUIRE THAT DITCHES AND WATERWAYS IN
Attorneys and
Counselors ORDINANCE AMENDING THE ZONING ORDINANCE
P.O.sox 427 Page - 2
Maddisn,ld S0
314E
Telephone$N.4461
NEW SUBDIVISIONS BE PIPED; AMENDS SECTION 11-9-606 A. TO RENUMBER
THE SECTION AND ADD A NEW SUBSECTION 2. STATING THAT IT IS THE
LIABILITY OF THE SUBDIVIDER AND OWNER TO. SEE THAT IMPROVEMENTS
SHOWN ON THE PLAT ARE CONSTRUCTED; SECTION 11-9-606 B. 13. IS
AMENDED TO ADD A NEW SUBSECTION c. REQUIRING THAT THE LOCATION OF
STREET LIGHTS BE SHOWN ON THE PLAT; SECTION 11-9-606 B. 14. IS
AMENDED BY THE AD .ITION OF AN ADDITIONAL PARAGRAPH RELATING TO THE
WAIVER OF THE PRESSURIZED IRRIGATION REQUIREMENTS; REPEALS SECTION
11-9-'615 A. 1. AND RE-ENACTS SAID SECTION TO REQUIRE THE
SUBDIVIDER TO PAY THE FEES ESTABLISHED BY THE CITY COUNCIL BY
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, a petition to amend the Zoning Ordinance and the
Subdivision and Development Ordinance of the Revised and Compiled
Ordinances of the City of Meridian was submitted by the Planning
and Zoning Commission to itself and City Council;
WHEREAS, the petition recognized that two Ordinances
revisions to correct typographical errors and omissions, needed
to include desired requirements, needed to be changes to reflect
Court mandated changes, and to delete some requirements;
WHEREAS, the City has followed the Local Planning Act of 1975
and the Ordinances of the City of Meridian in processing the
Petition to amend the Zoning Ordinance and the Subdivision and
Development Ordinance the and has made and adopted Findings of
Facts and Conclusions of Law; and
WHEREAS, the City Council and the Mayor of the City of
Meridian, Idaho, have concluded that it is in the best interest
of the City to amend Title 11, Chapter 2 Zoning Ordinance, and
Chapter 9, Subdivision and Development Ordinance, of the Revised
and Compiled Ordinances of the City of Meridian, Ada County, and
AMBROSE,
FITZGERALD
aCRooKSTO N be' effective upon approval and publication as required by
law.
Attorneys and
COUngefOre ORDINANCE AMENDING THE ZONING ORDINANCE
P.O.Sox 427 Page - 3
•3M2
TNMfhono INS-44111
e3pz .- 'Y>, it 'i .moi•;+ ;wyy,, .,,..- .. _.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR OF THE CITY OF
MERIDIAN, AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, ADA
COUNTY, IDAHO.
SECTION 1. That Section 11-2-401 C, JURISDICTION, of the
Zoning Ordinance is hereby repealed.
SECTION 2. That Section 11-2-401 C, JURISDICTION, of the
Zoning Ordinance is hereby re-enacted and shall read as follows:
These regulations shall apply to the development of all
land within the legally defined Meridian City limits and
to property outside the City limits for which annexation
has been requested and to land the City has jurisdiction
over pursuant to Chapter 65, Title 67, Idaho Code, under
the Area of Impact agreements between t e City and Ada
• County.
SECTION 3. That Section 11-2-402 A, INTENT AND PURPOSE,
of the Zoning Ordinance is hereby repealed.
SECTION 4. That Section 11-2-402 A, INTENT AND PURPOSE,
of the Zoning Ordinance is hereby re-enacted and shall read as
follows:
The intent of this Ordinance shall be to implement a
general guide for the use of the land in the Meridian
City limits and land over which the City has
jurisdiction under the Area of Impact Agreements between
the City and Ada County. This Ordinance shall be based
on the officially adopted Comprehensive Plan of the City
of Meridian and is enacted in order to promote and to
protect the public health, safety, comfort, convenience,
prosperity and general welfare and to achieve the
following objectives:
1. To promote the achievement of the proposals of the
Meridian Comprehensive Plan;
2. To advance the City of Meridian as a self-sufficient
employment and economic center;
AMBROSE.
FITZGERALD 3. To improve the character andquality
&CROOKSTOH mP of Meridian's man-
made environment while maintaining its identity as a
Attorneys and
C0unsNofs ORDINANCE AMENDING THE ZONING ORDINANCE
P.o.Box 427 Page - 4
Meridian,Idaho
836,2
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1444340,
self-sufficient community;
' 4. To encourage orderly growth and development, thereby
avoiding scattered development of land that results in
either of the following:
a. The lack of water supply, sewer service, drainage,
transportation facilities, or otherwise essential
public services; and
b. The unnecessary imposition of an excessive
expenditure to public funds for the supply of such
services;
5. To protect residential, commercial, industrial and civic
areas from the intrusion of incompatible uses and to
provide opportunities for establishments to concentrate
for efficient operation in mutually beneficial
relationships to each other and to shared services.
6. To provide for desirable and appropriately located
•
living areas in a variety of dwelling types and at a
wide range of population and densities with adequate
provision for sunlight, fresh air and usable open space.
7. To promote safe, fast and efficient movement of people
and goods and the provision of adequate off-street
parking and loading;
8. To encourage excellence and creativity in the design of
all future developments and to preserve the natural
beauty of Meridian' s setting;
9. To provide for the manner and form of preparing and
processing applications; for establishment, modification
and/or variances from zoning districts and regulations.
10. To encourage growth in those areas of the City which
(due to topography, soil characteristics and other
compatible features) provide the most favorable
conditions for future community services such as sewer,
water, transportation, school, parks, etc. ;
11. To encourage the proper distribution and compatible
integration of neighborhood commercial uses into all
residential areas of the City;
12. To protect existing waters (Five Mile, Nine Mile and Ten
AM Mile Creeks) through the establishment of easements
CROOKS
TOOK LD throughout the City;
Attorneys and
C01n"10" ORDINANCE AMENDING THE ZONING ORDINANCE
po.Sox 427 Page - 5
Meridian.Idaho
3
TNaphons!ll-4M1
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13. To protect recognized historic and architectural
landmarks throughout the City;
14. To establish reasonable standards to which buildings or
structures shall conform;
15. To insure that additions to and alterations or
remodeling of existing buildings or structures comply
• with the restrictions and limitations imposed hereunder;
16. To provide protection against fire, explosion, noxious
fumes and other hazards in the interest of the public
health, safety, comfort and the general welfare;
17. To insure that buildings and land within the City are
adequately maintained to prevent physical deterioration
and tax base erosion;
18. To specify the administration of the regulations of the
Ordinance by defining the powers and duties of approval
•
authorities.
SECTION 5. That each definition in Section 11-2-403 B. ,
Definitions, of the Zoning Ordinance of the City of Meridian is
treated as a separate subsection of Section 11-2-403 B,
Definitions, and only the subsections mentioned below are amended,
deleted, or added to in Section 11-2-403 B, Definitions, the
remaining definitions remain the same, and additions are
underlined and deletions are stricken out, to wit:
Applicant - Any person initiating an application for
subdividing or development of land for the building or
modification of any improvement on land. Applicant also
includes any person submitting a request for rezone,
conditional use, accessory use, annexation, or request to be
allowed to make any application authorized under this
ordinance.
Application - Proposals which are initiated by a person to
the Commission and Council for consideration. An application
shall include, but not limited to, zoning amendments,
conditional use permits, variances, preliminary development
AMBROSE, plans or plats..-L final development plans or plats, appeals,
womum
certificates of zoning compliance, certificates of occupancy
and annexation.
Attorneys and
Counselors ORDINANCE AMENDING THE ZONING ORDINANCE
P.O.Box 427 Page - 6
Meridian,Idaho
60642
Tampions 11111144111
•
•
Automobile Wrecking Yard - Premises on which two (2) or more
' currently non-licensed motor vehicles or two (2) or more
motor vehicles not in operating condition are standing more
than thirty (30) days and are dismantled or
stored. "Motor vehicles includes also mobile homes,
trainers or trucks. Fully enclosed buildings are exempt from
this definition.
Building, Existing - A building erected prior to the
effective date of this Ordinance or one for which a legal
building permit has been issued as of the effective date of
this ordinance's initial adoption on April 2, 1984.
Cemetery - Land used or intended to be used for the burial
of the human or animal dead and dedicated for cemetery
ftee purposes, including crematories, mausoleums and
mortuaries if operated in connection with and within the
boundaries of such cemetery for which perpetual care and
maintenance is provided.
Certificate of Occupancy - A certificate which is issued by
the building inspector to indicate that, after construction
of the building has been completed, or a use in an existing
building - - - - - - - - _ .
-
g has been changed, the
purpose for which the building was constructed or changed is
capable of being carried out in accordance with the terms of
this Ordinance. A structure cannot be occupied until a
certificate of occupancy and license have been issued.
Clinic
(Medical, Dental, Optical - A building (other than a
hospital) used by one (1) or more health care practitioners
for the purpose of care, diagnosis end or treatment of sick,
ailing, infirms or injured patients, end or those who are
in need of medical and surgical attention; s but which
building does not provide board, room or regular hospital
care and services.
Commercial Use or Business - The purchase, sale or other
transaction involving the handling or dis osition of any
article, substance or commodity, =ems— p e fit
ewfteeeitip or management of office buildings, offices for
recreational, entertainment or amusement enterprises, or the
maintenance and use of offices by professions and trades
rendering services. The purchase, sale or other
transaction involving the handling or disposition of any
article, substance or commodity, or the dispensing of
AMBROSE, services for livelihood or profit; ownership or management
T
of office buildings, offices for recreational, entertainment
or amusement enterprises or the maintenance and use of
Attorneys and
Couimplin ORDINANCE AMENDING THE ZONING ORDINANCE
KM au 47 Page - 7
Ms/Wlan*Idaho
tme.z
T$-pha e01111 Mt
Mg;Arial
offices bey , professions and trades rendering services is
included ,in this definition. "
Convalescent or Nursing Home, Rest Home - ,
institution licensed by thc Idaho Ctatc-Dcpartment of Health
••
o se patients net related by blood or marriage to the
infirmity)--a -u l= to pr=p=rly care for themselves. Any
homer Rlace or institution which operates or maintains
facilities providing convalescent, or chronic care, or both,
for a period in excess of twenty-four (24) consecutive hours
for two (2) or more patients not related by blood or marriage
to the operator, and said patients, who by reason of illness
or infirmity, are unable to properly care for themselves.
Court - A space which is open and unobstructed to the sky,
4eeeted ebevc grade level on a lot, and bounded on three (3)
or more sides by building walls or fences.
Dairy Farm - A farm whose principal function is the
production of milk and milk products and which may include
the processing of milk so produced. A dairy farm further
refers to a dairy barn or processing facility or feeding area
where animals are kept, raised or fed in a restricted area,
and where-them' -- - e is stbjcct to the approval of the
the Gra_e Depe m nt o f Health
District or Zone - A portion of the City of Meridian within
which certain uniform regulations and requirements or various
combinations thereof apply under provisions of this
Ordinance. The letter "A" shall rcprc3cnt thc agricultural
district. The letter "R" shall represent the residential
districts, with the number following the letter "R"
representing the maximum allowable dwelling units per acre.
The letter "C" shall represent the commercial districts. The
letter "C" shall represent the commercial districts. The
letter "I" shall represent the industrial district. The
letters "LO" shall represent the limited office district.
Entertainment Facilities (Commercial) - Any profit making
activity which is generally related to thc entertainment
ftc ueh se metier picture theaters, taverns, nightclubs,
eeekteil lounges, bowling alleys and similar entertainment
activities. Any structure housing any "for profit" activity,
which is generally related to the entertainment field, such
AMBROSE, as motion picture theaters, taverns, night clubs, cocktail
FITZG RALD lounges,s, bowling allies,
and similar entertainment
activities.
Attomiys and
C01""10" ORDINANCE AMENDING THE ZONING ORDINANCE
P.o.lex.r/ Page - 8
Meridian.Idaho
83E42
7Nphons55 34M
Fence - An enclosure; especially, an enclosing barrier, as
" one to. prevent straying from within or intrusion into.
Fence, Open - A fence that does not restrict or impede vision
or‘1sight through the fence by more than twenty percent (20%) .
Highway - _ - -
*tate er Federal agency. Means the entire width between the
boundary lines of every way publicly maintained when any part
is open to the use of the public for vehicular traffic, with
jurisdiction extending to the adjacent (property line,
including sidewalks, shoulders, berms, and rights-of-wanot
intended for motorized traffic. The term ' street is
interchangeable with highway.
Loading and Unloading Space, Off-Street - an open hard-
surfaced area of land (other than a street or public way) in
which the principal use is for the standing, loading and
unloading of motor vehicles, tractors *nd or trailers.
Lot Flag Lot - A lot in the shape of a flag on a pole or
similar design. A flag lot shall have a minimum frontage of
thirty (30) feet on a public street and a structure placed
- on a flag lot shall have the house facing the street
frontage.
Manufacturing, Heavy - Manufacturing, processing, assembling,
storing, testing and similar industrial uses which are
generally major operations and extensive in characters
require large sites, open storage and service areas,
extensive services and facilities, ready access to regional
transportation and normally generate some nuisances such as
smoke, noise, vibration, dust, glare, air pollution or water
pollution.
Manufacturing, Light - Industrial uses which are usually
controlled operations, relatively clean, quiet and free of
objectionable or hazardous elements such as smoke, noise,
odor or dust; which operates and store within enclosed
structuress and which generate little industrial traffic
and no nuisances.
Mobile Home - Amended Ordinance 207) A structure
transportable in one (1) or more sections which has attached
to the structure a valid insignia which states that the
mobile home is in compliance with Federal Mobile Home
Construction and Safety Standards (HUD) .
AMBROSE,
FITZGERALD ammanm
Original Parcel of Land - A lot or tract as recorded on any
plat or record on file in the Office of the County Recorder
AHgnSys and
CO1nsb's ORDINANCE AMENDING THE ZONING ORDINANCE
P.O.Bax 427 Page - 9
Malan, lelo
13042
Telephone IN.44e1
•
or any unplatted contiguous parcel of land held in one (1)
ownership ' and of record at the effective date of this
' Ordinance, April 2, 1984.
Ownership - - - - _ - - -
•
rotor..+-i- he p opc-tyv The individual, firm, association,
syndicate, partnership or corporation who has title of
property.
Parking Area or Lot (Public) - An open, hard-surfaced area
(other than a street or public way) to be used for the
storage (for limited periods of time) of operable passenger
automobiles end or commercial vehicles and available to the
public whether for compensation, free or as an accommodation
to clients or customers.
Professional Offices - • - - _ - --.. -
effices. Structures where those engaged in a profession
conduct their business and activity.
Seat - The place at/ or the thing on, which one sits. For
purposes of determining the number of off-street parking
spaces for certain uses, the number of seats is the number
of seating units installed or indicated or each eighteen (18)
lineal inches of benches, pews or space for loose chairs.
Walkway - A public way 44vc (5) fcct or morc in width for
pedestrian use only, whether or not along the side of the
road.
SECTION 6. That Section 11-2-404 C, Commission, 1. , of
the Zoning Ordinance of the Revised and Compiled Ordinances of the
City of Meridian is hereby repealed.
SECTION 7. That Section 11-2-404 C. , Commission, 1. , of
the Zoning Ordinance of the Revised and Compiled Ordinances of the
City of Meridian is hereby re-enacted and shall read as follows:
1. The Commission shall consist of five (5) voting members.
They shall be appointed by the Mayor and confirmed by
majority vote of the Council for terms of six (6) years.
An appointed member of the Commission must have resided
AMBROSE, in the County five (5) years and in the City for one (1)
FITZGERALD prior to his appointment,year ppointment and must remain a
&CROOKSTON
resident of the City during his service on the
Atto nSyt and
Counselors ORDINANCE AMENDING THE ZONING ORDINANCE
P.O.Box 427 Page - 10
Meridian,Idaho
13642
Telephone 8684461
Commission.... Except that at least one (1) but not more
than two (2) members may be appointed from residents of
' the City Impact Area7 outside the corporate limits.
Such members shall have similar residence requirements
as those within the City, except that they need not have
resided in the City for one (1) year and need not be a
resident of the City. Members of the Commission shall
be selected without respect to political affiliations
'and shall serve without compensation. Members may be
removed for cause by a majority vote of the Council.
SECTION 8. That Section 11-2-404 C. Commission, 2.
Organization, of the Zoning Ordinance of the Revised and Compiled
Ordinances of the City of Meridian is hereby repealed.
SECTION 9. That Section 11-2-404 C. Commission, 2.
Organization, of the Zoning Ordinance of the Revised and Compiled
Ordinances of the City of Meridian is hereby re-enacted and shall
read as follows:
2. Organization: The Commission shall elect a Chairman and
create and fill any other office that it may deem necessary.
A Commission may establish subcommittees, citizen advisory
committees, hearing examiners or neighborhood groups to
advise and assist in carrying out the responsibilities. A
Commission may appoint non-voting ex officio advisors as may
be deemed necessary. Pursuant to Section 67-6520, Idaho
Code, the Commission may appoint hearing examiners for
hearing applications for subdivision and variance permits,
and requests for zoning district boundary changes which are
in accordance with the plan, and conduct all other business
in accordance with Idaho Code, Section 67-6520.
SECTION 10. That Section 11-2-404 D. Council, 1. Duties: -
of the Zoning Ordinance of the Revised and Compiled Ordinances of
the City of Meridian is hereby repealed.
SECTION 11 . That Section 11-2-404 D. Council, 1. Duties,
of the Zoning Ordinance of the Revised and Compiled Ordinances of
AMBROSE, the City of Meridian is hereby re-enacted and shall read as
FITZGERALD
i CROOKSTON
follows:
Attorneys and
C"na.Ior. ORDINANCE AMENDING THE ZONING ORDINANCE
P.O.Box AV Page - 11
Mwldian,Idaho
113442
Telephone M$4411
1. Duties: For the purpose of this Ordinance, the
Council shall have the following duties:
a. The Council shall hear and decide appeals where it
is alleged there is an error in an order,
requirement, decision, interpretation or
determination made by the Administrator, Commission
or Building Inspector;
•
b. The Council creating the Commission shall provide
that the area and interests within its jurisdiction
are broadly represented on the Commission.
c. Pursuant to Section 67-6520, Idaho Code, the
Council may appoint hearing examiners for hearing
applications for subdivision and variance permits,
and requests for zoning district boundary changes
which are in accordance with the plan, and conduct
all other business in accordance with Idaho Code,
Section 67-6520 .
d. The Council shall perform such other duties as set
forth herein.
SECTION 12. That Section 11-2-405 C. , USE AND BULK
REGULATIONS, 1. and. 2 . , of the Zoning Ordinance are hereby
amended to read as follows:
1. Use: A building, structure or land shall hereafter be
used or occupied, and a building or part thereof, or
other structure, shall be erected, raised, moved,
reconstructed, extended, enlarged or altered only as in
conformity with the regulations herein specified for the
district in which it is located. Exceptions to the use
and bulk regulations of this Ordinance shall be only by
Conditional Uee Variance.
2. Bulk: All new buildings and structures shall conform
to the regulations established herein for the district
in which each building shall be located except as
otherwise permitted in this Ordinance by Cenditional Uae
Variance.
SECTION 13. That Section 11-2-406 B. , AVOIDANCE OF UNDUE
AMBRDSE, HARDSHIP, of the Zoning Ordinance of the Revised and Compiled
FITZGERALD
BOON Ordinances of the City of Meridian is hereby amended and shall
Attorneys and
ORDINANCE AMENDING THE ZONING ORDINANCE
P.O.Box 427 Page - 12
Meridian,Idaho
13142
Telephone 6664161
.041,04www, ,.": 4
read as follows:
' To avoid undue hardship, nothing in this Ordinance shall be
deemed to require a change in the plans, construction or
designated use of any building on which actual construction
was lawfully begun prior to the effective date of adoption
of this Ordinances April 2, 1984 and upon which
actual building construction has een carried on diligently.
SECTION 14. That Section 11-2-406 C. , SINGLE NON-
CONFORMING LOTS OF RECORD, of the Zoning Ordinance of the Revised
and Compiled Ordinances of the City of Meridian is hereby amended
and shall read as follows:
In any district in which single-family dwellings are
permitted, a single-family dwelling and customary accessory
buildings may be erected on any single lot of record (see
definition of lot of record) at the effective date of
adoption of this Ordinance, April 2 1984
notwithstanding limitations imposed by other provisions of
this Ordinance. Such lot must be in separate ownership and
not of continuous frontage with other lots in the same
ownership. This provision shall apply even though such lot
fails to meet the requirements for area or width, or both,
that are generally applicable in the district, provided that
yard dimensions and requirements other than those applying
to area or width, or both, of the lot shall conform to the
regulations for the district in which such lot is located.
SECTION 15. That Section 11-2-407 B. COMPLIANCE WITH
ZONING DISTRICT REGULATIONS, 2. d. , of the Zoning Ordinance is
hereby amended to read as follows:
d. To have narrower or smaller rear yards, front yards,
side yards, or other open spaces; and
SECTION 16. That Section 11-2-407 C, OFFICIAL SCHEDULE OF
DISTRICT REGULATIONS ADOPTED, of the Zoning Ordinance of the
Revised and Compiled Ordinances of the City of Meridian is hereby
AMBROSE,
FITZGRALD amended to read as follows:
a mCAOOoomacm
AtWmhrt and
Coonsora ORDINANCE AMENDING THE ZONING ORDINANCE
P.O.Box 427 Page - 13
Meridian,Mahn
8361
Telephone 88841461
District regulations shall be as set forth in the Zoning
Schedule of Use Control, and Zoning Schedule of Bulk and
' Coverage Controls, and Performance Standards for District
Uses of this Ordinance.
The districts of the City of Meridian are divided into four
+4+ three (3) land use groups: Agr4et14,berel, Residential,
Commercial and Industrial. When several combined land uses
'exist, or are proposed, the most intensive land use shall be
considered as the primary activity.
SECTION 17. That Section 11-2-408 B. , ZONING DISTRICTS,
1. R-4) Low Density Residential District of the Zoning Ordinance
of the Revised and Compiled Ordinances of the City of Meridian is
amended to read as follows:
1. (R-4) Low Density Residential District: The purpose
•
of the (fl 44- District is to permit the establishment of
low density single-family dwellings, and to delineate
those areas where predominately residential development
has, or is likely to occur in accord with the
Comprehensive Plan of the City, and to protect the
integrity of residential areas by prohibiting the
intrusion of incompatible non-residential uses. Only
Single Family Dwellings shall be permitted and no
conditional uses shall be permitted except for Planned
Residential Development and public schools. The (R-4)
District allows for a maximum of four (4) dwelling units
per acre and requires connection to the Municipal Water
and Sewer systems of the City of Meridian.
SECTION 18. That Section 11-2-409, ZONING SCHEDULE OF USE
CONTROL, of the Zoning Ordinance is hereby repealed.
SECTION 19. That Section 11-2-409, ZONING SCHEDULE OF USE
CONTROL, of the Zoning Ordinance is hereby re-enacted and shall
read as set forth in Exhibit "A" attached hereto and incorporated
herein by this reference.
SECTION 20. That Section 11-2-410, ZONING SCHEDULE OF BULK
AMBROSE• AND COVERAGE CONTROLS, A. , of the Zoning Ordinance is hereby
FITZGERALD
acRoolcsroel repealed.
Attorney.and
Counselors ORDINANCE AMENDING THE ZONING ORDINANCE
P.O.Box 427 Page - 14
Moridlr+n,Idea
S3S42
Tduphono 816-4401
SECTION 21. _ That Section 11-2-410, ZONING SCHEDULE OF BULK
AND'COVERAGE CONTROLS, A. , of the Zoning Ordinance is hereby re-
enacted and shall read as set forth in Exhibit "B" attached hereto
and incorporated '•herein by this reference.
SECTION 22. That Section 11-2-410 B. 4 . , Architectural
Projections, of the Zoning Ordinance of the Revised and Compiled
Ordinances of the City of Meridian is hereby amended and shall
read as follows:
4. Architectural Projections: Open structures such as
porches, canopies, balconies, platforms, carports, covered
patiosi chimney and similar architectural projections shall
be considered parts of the building to which it is attached
and shall not project into the required minimum front, side
or rear yard.
SECTION 23. That Section 11-2-410 D. ACCESSORY USE
PROVISIONS, 1. b. (4) , of the Zoning Ordinance of the Revised and
Compiled Ordinances of the City of Meridian is hereby repealed.
SECTION 24. That Section 11-2-410 D. ACCESSORY USE
PROVISIONS, 1. b. (4) , of the Zoning Ordinance of the Revised and
Compiled Ordinances of the City of Meridian is hereby re-enacted
and shall read as follows:
(4) The use shall be considered as a Commercial Use.
SECTION 25. That Section 11-2-410 D. ACCESSORY USE
PROVISIONS, 1. b. (5) , of the Zoning Ordinance of the Revised and
Compiled Ordinances of the City of Meridian are hereby repealed.
SECTION 26. That Section 11-2-410 D. ACCESSORY USE
AMBROSE, PROVISIONS, 1. b. (5) , of the Zoning Ordinance of the City of
FITZGERALD
acaooKSTON Meridian is hereby re-enacted and shall read as follows:
Attorneys and
Coors ORDINANCE AMENDING THE ZONING ORDINANCE
P.o.Box 427 Page - 15
Meridian,Idaho
Saes
Telephone 01114451
(5) Pay the fee of $80.00.
• SECTION 27. That Section 11-2-410 D. ACCESSORY USE f
PROVISIONS, 1. b. (7) , of the Zoning Ordinance of the Revised and
Compiled Ordinances is hereby repealed.
• SECTION 28. That Section 11-2-410 D. ACCESSORY USE
PROVISIONS, 1. b. (7) , of the Zoning Ordinance of the Revised and
Compiled Ordinances of the City of Meridian is hereby re-enacted
and shall read as follows:
(7) If there are no objections filed within the time for
filing the same, the zoning administrators may grant the
request.
SECTION 29. That Section 11-2-411 D, SINGLE FAMILY (R-4,
R-8, R-15) DETACHED HOUSING SQUARE FOOTAGE REQUIREMENTS, of the
Zoning Ordinance of the City of Meridian is hereby repealed.
SECTION 30. That Section 11-2-411 D, SINGLE FAMILY (R-4,
R-8, R-15) DETACHED HOUSING SQUARE FOOTAGE REQUIREMENTS, of the
Zoning Ordinance of the Revised and Compiled Ordinances of the
City of Meridian is hereby re-enacted and shall read as follows:
All new single-family detached housing in Zones R-4, R-8 and
R-15 shall be constructed to contain at least 1,300 square
feet of living space (garage not to be included in
determining living space) unless there is dispersed among the
new residential development houses of varying sizes, and the
following schedule shall set the percentages and accompanying
sizes that shall exist in all new residential developments,
except for those containing houses, all of which will contain
1,300 square feet or more, it being understood that the below
schedule is a minimum schedule and houses of larger sizes may
occupy a larger percentage than as set forth below:
1. No houses may be constructed which are less than 999
square feet;
AMBROSE,
icRGEicRSA D 2. Ten percent of the houses in a residential development
may be between 1,000 and 1,099 square feet;
Attotiwysand
Counalon ORDINANCE AMENDING THE ZONING ORDINANCE
P.O.Box 427 Page - 16
WOO"IGO°
7Nspiono/BH/bt
3. Twenty percent of the houses in a residential
development may be between 1,100 and 1, 199 square feet;
4. Forty percent of the houses in a residential
development may be between 1,200 and 1,299;
5. Thirty percent of the houses in a residential
development may be larger than 1,300 square feet.
All houses below the 1,300 square foot size shall be
interspersed uniformly throughout the entire development.
All single-family (R-4, R-8, R-15) detached dwelling
houses which have multi-stories shall have a minimum of
eight hundred (800) square feet of living space on the
ground floor.
SECTION 31. That Sections 11-2-413 C. , PROVISIONS FOR
UNIQUE LAND USES, 1. Accessory Buildings and 11. Home Occupations,
of the Zoning Ordinance are hereby repealed.
SECTION 32. That Section 11-2-414 D, DESIGN STANDARDS FOR
OFF-STREET PARKING, 2. , Screening or Landscaping, of the Zoning
Ordinance of the Revised and Compiled Ordinances of the City of
Meridian is hereby repealed.
SECTION 33. That Section 11-2-414 D, DESIGN STANDARDS FOR
OFF-STREET PARKING, 2. , Screening, Landscaping and Drainage, of
the Zoning Ordinance of the Revised and Compiled Ordinances of the
City of Meridian is hereby re-enacted and shall read as follows:
2. Screening, Landscaping and Drainage:
a. Landscaping: Landscaping shall be required for all
off-street parking areas for multi-family residential,
commercial, industrial and technical developments;
b. Underground sprinkling systems shall be required to
maintain screening, planting strips, and other
AMBROSE. landscaping.
PITZGERALD
acnooKSTo"
C. Screening: Whenever a commercial off-street parking
Attorneys and
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Meridian,wales
aas
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area is located in or adjacent to a Residential
District, it shall be effectively screened on all sides
which adjoin or face any property used for residential
purposes by a wall, fence, or planting screen that is
not less than four (4) feet in height plus a planting
strip of four (4) feet minimum width or in an alternate
arrangement as approved by the Commission.
• Suitable landscaping and ground cover shall be provided
and maintained on a continuing basis within the planting
strip. Planting screens or hedges shall not exceed two
(2) feet in height where location is such that sight
lines are necessary for vehicular movement across
pedestrian ways.
At least one (1) tree of not less than three (3) inch
diameter size class shall be provided for every 1,500
square feet of pavement area.
d. Drainage: A drainage plan designed by an architect
or an engineer shall be submitted and required for all
off-street parking areas and shall be approved by the
City Engineer.
SECTION 34. That Section 11-2-414 E. , Schedule Of Parking
Space Requirements f. (1) , of the Zoning Ordinance is hereby
repealed.
SECTION 35. That Section 11-2-414 E. SCHEDULE OF PARKING
SPACE REQUIREMENTS, f. (1) , of the Zoning Ordinance is hereby re-
enacted and shall read as follows:
f. Schools (Private or Public)
(1) Nursery school for One (1) space for every
children, day care ten (10) children plus
center, and kinder- one (1) space per staff
garten member.
SECTION 36. That Section 11-2-416 B, INITIATION OF ZONING
AMENDMENTS, of the Zoning Ordinance is hereby repealed.
AMBROSE. SECTION 37. That Section 11-2-416 B, INITIATION OF ZONING
FTZOERALD
:caootcsToro AMENDMENTS, of the Zoning Ordinance is hereby re-enacted and shall
Attorneys and
ORDINANCE AMENDING THE ZONING ORDINANCE
P.O.Box 42T Page - 18
Meridian.Idaho
83042
Telephone 6884481
read as follows:
' B INITIATION OF ZONING AMENDMENTS
Zoning amendments to this Ordinance may be initiated in one
(1)„of the following ways:
1 . By adoption of recommendation by the Commission.
2 . By adoption of a motion by the Council; and
3. By the filing of an application by a property owner
or a person who has existing interest in property within
the area proposed to be changed or affected by said
amendment with the Administrator.
An applicant requesting a zoning amendment of a parcel
may initiate the amendment request at the same time as
the development request.
SECTION 38. That Section 11-2-416 C. , CONTENTS OF ZONING
AMENDMENT APPLICATION, 17. , is hereby repealed.
SECTION 39. That Section 11-2-416 E. , PROCEDURES, 1 . is
hereby repealed.
SECTION 40. That Section 11-2-416 E. , PROCEDURES, 1. is
hereby re-enacted and shall read as follows:
1. The Applicant shall provide the City Clerk with the
names and addresses of property owners within 300 feet
of the external boundaries of the land being considered,
and any additional area that may be impacted by the said
application, as determined by the Zoning Administrator
and the applicant shall deliver a sworn notarized
statement that the list of property owners are the
owners of the property as shown by the records of the
Ada County Assessor; one week prior to the hearing set
pursuant to 11-2-416 E. 2. b. , Applicant shall post a
copy of said notice of hearing of the application on the
property under consideration; and after the property has
been posted the applicant shall deliver to the Zoning
Administrator a notarized statement that he has posted
the property and the date the posting was placed.
AMBROSE. SECTION 41. That Section 11-2-416 E. , PROCEDURES, 2. of
FITZGERALD
&CROOKSTON
the Zoning Ordinance is hereby repealed.
Attorneys
Covn..aa ORDINANCE AMENDING THE ZONING ORDINANCE
F.O.Box 427 Page - 19
Mariam,Moho
113442
TsNprono See.44131
•
•
SECTION 42.. That Section 11-2-416 E. , PROCEDURES, 2. of
the Zoning. Ordinance is hereby re-enacted and shall read as
follows:
2. "The dothmission shall:
• a. Give notice of the hearing, at least fifteen (15)
days prior to the hearing, by certified mail to property
owners within the land being considered and to owners
within three hundred (300) feet of the external
boundaries of the land being considered and any
additional area that may be impacted by said application
as determined by the Zoning Administrator. Said notice,
by certified mail, must be deposited with the United
States Post Office at least fifteen (15) days prior to
the hearing and said notice shall contain a vicinity map
of the property, a brief statement of the nature of the
application, the name and address of the applicant.
When notice is required to two hundred (200) or more
property owners or residents, in lieu of the mail
notification, notice of the proceeding and hearing
required hereby may be given by publishing the notice
for two (2) consecutive weeks in the official newspaper
of the City of Meridian provided that the second notice
appears ten (10) days prior to the public hearing.
b. Prior to recommending an application, conduct at
least one (1) public hearing in which interested persons
shall have an opportunity to be heard. At least fifteen
(15) days prior to the hearing, notice of the time and
place and a summary of the application to be discussed
shall be published in the official newspaper or paper
of general circulation within the City of Meridian.
c. Within forty-five (45) days from the hearing,
transmit its recommendation to the Council with
supportive reasons. The Commission may, however,
continue the matter from meeting to meeting if it finds
that it does not have sufficient information to make a
decision. The Commission shall recommend that the
application be approved, approved with conditions or
denied. The Commission shall insure that any approval
or approval with conditions of an application shall be
in accordance with the Comprehensive Plan, this
Ordinance and State law.
mammE, d. Maintain a record of the hearing, findings made and
FITZGERALD actions taken.
Attomhn Nod
oounsslws ORDINANCE AMENDING THE ZONING ORDINANCE
mount Page - 20
Meddlen,Idaho
TMphim»41111411111
SECTION 43. That Section 11-2-416 F. TRANSMITTAL TO
COUNCIL, 1. of the Zoning Ordinance is hereby repealed.
SECTION 44. That Section 11-2-416 F. TRANSMITTAL TO
COUNCIL, 1. of the Zoning Ordinance is hereby re-enacted and shall
read as follows:
Hearing: The Council shall conduct at least one (1) public
hearing following the notice and requirements contained in
11-2-416 E. 2. , and the Council having given notice as
required by 11-2-416 E.2.a. by ordinary first call mail.
SECTION 45. That Section 11-2-417, ANNEXATION AND ZONING
UPON ANNEXATION, of the Zoning Ordinance is hereby repealed.
SECTION 46. That Section 11-2-417, ANNEXATION AND ZONING
UPON ANNEXATION, of the Zoning Ordinance is hereby re-enacted and
shall read as follows:
Prior to annexation of an unincorporated area, the Council
shall request and receive a recommendation from the Planning
and Zoning Commission on the proposed annexation and the
proposed zoning for the annexed area. The Commission, the
City, the applicant, and the Council shall follow the notice
and hearing procedures provided in Section 11-2-416, Zoning
Amendment Procedures. Provided, however, that the final
decision of the Council shall not be appealable since such
decision is a legislative function even though the procedure
is designed to be quasi-judicial in nature and provides due
process to the applicant. The application for annexation
shall include a request for a zoning designation and, upon
annexation, the property shall be zoned; however,
procedurally, the property shall be deemed to have been
annexed prior to being zoned and for appeal rights, there can
be no appeal from the zoning decision if the property is not
first annexed. If the annexation shall necessitate an
amendment to the Comprehensive Plan, the Commission shall
advise the applicant to request a Comprehensive Plan
Amendment prior to further consideration of the annexation.
If the Commission and Council approve an annexation request,
the Commission and Council shall insure that said annexation
is in accord with this Ordinance and the Comprehensive plan.
AMBROSE,
&ROQ$STON An Application for annexation and zoning shall be on a form
similar to a zoning application as set forth in 11-2-416 C.
Atlomaya and
cohxaalora ORDINANCE AMENDING THE ZONING ORDINANCE
P.O.Box 427 Page - 21
M.Adlon,Idaho
TuNphona$M.4461
and shall include the same information and any other
information deemed appropriate by the Administrator, and the
• application shall specifically include the payment of a fees
as established by the City Council.
SECTION 47.x. That Section 11-2-418 B. , CONTENTS OF
CONDITIONAL USE APPLICATION, of the Zoning Ordinance is hereby
repealed.
SECTION 48. That Section 11-2-418 B. , CONTENTS OF
CONDITIONAL USE APPLICATION, of the Zoning Ordinance is hereby re-
enacted and shall read as follows:
An application for a conditional use permit shall be filed
with the Administrator by the owner of the property for which
such conditional use is proposed. At a minimum the
application shall contain the following information:
(Application available from Administrator. )
1. Name, address and phone number of applicant.
2. Name, address and phone number of owner of subject
property.
3. Legal description of property.
4. Proof of ownership of subject property.
5. Description of existing use.
6. Present use of subject property.
7. Proposed use of the subject property.
8. The District that pertains to the subject property.
9. Thirty (30) copies of a vicinity map of a scale of one
(1) inch equals three hundred (300) feet.
10. Characteristics of subject property which make a
conditional use desireable.
11. A listing of the mailing addresses of all property
owners (from authentic tax records of Ada County) who
AMBROSE, are within three hundred (300) feet of the external
FITZGECAOORALD boundaries of the land being considered, and a list of
l CROOKSTON
all owners within the area being considered for a
Attorns,..nd
Counso1of ORDINANCE AMENDING THE ZONING ORDINANCE
P.o.Box 4V Page - 22
M.Adi.n,Nish°
$3642
TM.010f,MB.4461
conditional use.
12 . A-fee established by the Council.
13. A statement that the applicant or the user of the
property agrees to pay any additional sewer, water or
trash fees or charges, if any, associated with the use,
whether that use be residential, commercial or
• industrial.
14. The application shall be verified by the applicant which
shall state that he has read the contents thereof and
verifies that the information contained therein is true
and correct.
SECTION 49. That Section 11-2-419 B. , APPLICATION AND
STANDARDS FOR VARIANCES, 22. , of the Zoning Ordinance is hereby
repealed.
SECTION 50. That Section 11-2-422 A. , ZONING AND PLANNING
FEES, of the Zoning Ordinance is hereby repealed.
SECTION 51. That Section 11-2-422 A. , ZONING AND PLANNING
FEES, of the Zoning Ordinance is hereby re-enacted and shall read
as follows:
A petitioner or applicant for any of the zoning or planning
matters in this Title shall pay the fees established by the
City Council by resolution. No petition or application,
except as hereafter provided, shall be accepted by the City
unless accompanied by the required filing fee.
SECTION 52. That Section 11-2-422 E. , PAYMENT OF CITY
COSTS, of the Zoning Ordinance is hereby repealed.
SECTION 53. That Section 11-2-422 E. , PAYMENT OF CITY
COSTS, of the Zoning Ordinance is hereby re-enacted and shall read
as follows:
If all fees are not paid, the City may revoke any zoning
AMBROSE, permit, conditional use permit, accessory use permit,
&04001 TZGERUM variance, occupancy permit, zoning certificate or other grant
of authority initially given the applicant, and in the case
Attomaya and
Counasioa ORDINANCE AMENDING THE ZONING ORDINANCE
P.o.e03,42 Page - 23
Mandhn'MuRo
138412
T.Npbona/N.Ml1
0444 4r
of an annexation procedure, the City may de-annex said
property. ,
SECTION 54. That Section 11-2-424 A2, Fence Regulation,
of the Zoning Ordinance of the City of Meridian is hereby
repealed.
SECTION 55. That Section 11-2-424 A2, Fence Regulation,
of the Zoning Ordinance of the City of Meridian is hereby re-
enacted and shall read as set forth in Exhibit "C" attached hereto
and incorporated herein.
SECTION 56. That Section 11-9-604 C. PRELIMINARY PLAT, 4.
c. and d. of the Subdivision and Development Ordinance are hereby
repealed.
SECTION 57. That Section 11-9-604 C. PRELIMINARY PLAT, 4.
c. of the Subdivision and Development Ordinance is hereby re-
enacted and shall read as follows:
c. The applicant shall notify all adjoining property owners
of hearings as required. See 9-604 C.
SECTION 58. That Sections 11-9-604 C. PRELIMINARY PLAT,
5. a. , b. , c. and d. of the Subdivision and Development Ordinance
are hereby repealed.
SECTION 59. That Sections 11-9-604 C. PRELIMINARY PLAT,
5. a. , b. c. and d. of the Subdivision and Development Ordinance
are hereby re-enacted and shall read as follows:
a. Thirty (30) copies of the preliminary plat of the
proposed subdivision, drawn in accordance with the
requirements hereinafter stated; each copy of the
preliminary plat shall be on good quality paper, shall
AMBROSE, have dimensions of not less than twenty-four (24) inches
FITZGtiCROOERALD KSTON by thirty-six (36) inches, shall be drawn to a scale
suitable to insure clarity of all lines, dimensions and
Attorneys and
Coyneelon ORDINANCE AMENDING THE ZONING ORDINANCE
P.O.BOX 427 Page - 24
Meridian,Idaho
13144
Telephone 1161411
other data, shall show the drafting date, and shall
indicate thereon, by arrow, the general northerly
• direction;
b. Thirty (30) copies of a one (1) inch equals three
hundred (300) feet scale map on 8-1/2" x 11" paper
indicating thereon all adjacent development and/or
lots of record within three hundred (300) feet of
• any boundary of the proposed development, and the
layout of the proposed development in bold outline;
c. Thirty (30) copies of the completed and executed
subdivision application form;
d. Four (4) sets of conceptual engineering plans (not meant
to be detailed designs) for streets, water, sewers,
sidewalks and other required public improvements. Such
engineering plans shall contain sufficient information
and detail to enable the City Engineer to make a
determination as to conformance of the proposed
improvements to applicable regulations, ordinances and
standards.
SECTION 60. That Section 11-9-604 C. , PRELIMINARY PLAT,
6 . m. , of the Subdivision and Development Ordinance is hereby
repealed.
SECTION 61. That Section 11-9-604 C. , PRELIMINARY PLAT,
6. m. , of the Subdivision and Development Ordinance is hereby re-
enacted and shall read as follows:
m. Any proposed or existing utilities, including, but not
limited to, storm and sanitary sewers, irrigation
laterals, ditches, drainages, bridges, culverts, water
mains, fire hydrants, street lights, and their
respective profiles;
SECTION 62. That Section 11-9-604 H. , FINAL PLAT, 1 . a. ,
of the Subdivision and Development Ordinance is hereby repealed.
SECTION 63. That Section 11-9-604 H. , FINAL PLAT, 1. a. ,
of the Subdivision and Development Ordinance is hereby re-enacted
AMBROSE,
FITZGERAIO and shall read as follows:
&CROOKSTON
Attorneys and
Counselors ORDINANCE AMENDING THE ZONING ORDINANCE
P.O.Box 427 Page - 25
Meridian.Idsho
TS MPAon.16 4451
a. Thirty (30) folded copies of the final plat;
' SECTION 64. That Section 11-9-605 I. PROTECTIVE COVENANTS,
of the Subdivision and Development Ordinance is hereby repealed.
SECTION 65. That Section 11-9-605 I. PROTECTIVE COVENANTS,
of the Subdivision and Development Ordinance is hereby re-enacted
and shall read as follows:
I PROTECTIVE COVENANTS
Protective covenants may be prepared and recorded as
part of a subdivision. This is usually done to provide
protection to future property owners by establishing
higher standards than required under other regulations.
The provisions within protective covenants are
enforceable through civil action, and local government
units shall not be required to enforce these provisions.
The Council shall review and approve
subdivision restrictive covenants prior to
recording. Protective covenants may include
such things as: architectural committee,
minimum building floor area, mobile home
provisions, allowable livestock, location of
recreational vehicles, commercial and
industrial activity, number of dwelling
units, maintenance of open space, private
utility lines, allowable signing and
amendment provisions.
SECTION 66. That Section 11-9-605 J. , FENCES, 6. , of the
Subdivision and Development Ordinance is hereby repealed.
SECTION 67. That Section 11-9-605 J. , FENCES, 6. , of the
Subdivision and Development Ordinance is hereby re-enacted and
shall read as follows:
6. Fences may be erected in all residential and limited
office districts subject to the following:
a. Solid or closed-vision fences to a height of
AMBROSE, thirty-six (36) inches, or open-vision type fences to
FITZGERALD a height of forty-eight (48) inches may be built from
iCROOKBTON the front of the dwelling unit to and including the
Attorneys end
Counselors ORDINANCE AMENDING THE ZONING ORDINANCE
P.O.Box 427 Page - 26
Meddle%Idaho
113042
Telephone 811114461
front property line. Fences to a height of seventy-two
(72) inches may be built from the front of the dwelling
• unit to and including the rear property line;
b. Any open-vision fence, wall, or planting on or
within the clear-vision triangle shall be limited to
thirty-six (36) inches in height measured from the crown
of the street; and
c. Solid, or closed non-vision fences to a height of
thirty-six (36) inches or open-vision type fences to a
height of forty-eight (48) inches may be built along the
front property line and along the side property line to
the front of the dwelling unit, except that a fence of
seventy-two (72) inches in height may be built upon
street and side property lines from the front of the
dwelling to the rear property line, provided that no
closed non-vision fence which exceeds thirty-six (36)
inches in height may be erected in the clear-vision
triangle.
•
d. Any developer intending to construct a fence on top
of a berm shall show the berm and the fence on the
preliminary plat and shall include with the preliminary
plat the design, placement, heights, specifications, and
drawing of said fence.
e. Any developer intending to construct a boundary
fence on the boundaries of a proposed subdivision shall
show the fence on the preliminary plat and shall include
with the preliminary plat the design, placement, height,
specifications and drawing of said fence.
Section 68. That Section 11-9-605 J. , Fences, 10. a. 12.
of the Subdivision and Development Ordinance is hereby repealed.
SECTION 69. That Section 11-9-605 of the Subdivision and
Development Ordinance is hereby amended by the addition thereto
of a new subsection which shall be numbered 11-9-605 M. , PIPING
OF DITCHES, and which shall read as follows:
M PIPING OF DITCHES
Tiling of irrigation ditches, laterals or canals. All
AMBROSE. waterways, irrigation ditches, laterals or canals,
FITZGERALD exclusive of natural waterways, intersecting, crossing
amoolmum
or lying adjacent and contiguous to an area being
Attomaya and
coonaaroa ORDINANCE AMENDING THE ZONING ORDINANCE
P.O.Box 427 Page - 27
Msddlan,Idaho
ese42
T.k hona MBi461
subdivided shall be covered and enclosed with tiling or
other equivalent covering which has the same ability to
• detour access to said ditch, lateral or canal, or any 1
part of said lands or areas being subdivided which abut
either or both sides of said ditch, lateral or canal.
The City may waive this requirement for covering such
ditch, lateral or canal, if it finds that the public
purpose requiring such will not be served in the
• individual case. Any covering program involving the
distribution system of any irrigation district shall
have the prior approval of that affected irrigation
district. No subdivision p,lat shall be approved where
the subdivision is arbitrarily or artificially laid out
to avoid being adjacent to any waterway, irrigation
ditch, lateral or canal to which it would otherwise be
naturally adjacent or which it would otherwise naturally
include.
Section 70. That Section 11-9-606 A. , RESPONSIBILITY FOR
PLANS, of the Subdivision and Development Ordinance is hereby
repealed.
SECTION 71. That Section 11-9-606 A. , RESPONSIBILITY FOR
PLANS, of the Subdivision and Development Ordinance is hereby re-
enacted and shall read as follows:
A. RESPONSIBILITY FOR PLANS
It shall be the responsibility and liability of every
subdivider, and the owner of the land being subdivided,
to construct and install every improvement shown on the
plat of the subdivision or represented to be included
in the subdivision at any presentation before the
Planning and Zoning Commission or the City Council and
this responsibility and liability shall run with the
land and this responsibility and liability shall be
shown on the plat of the subdivision.
Section 72. That Section 11-9-606 B. , IMPROVEMENTS,
PUBLIC, 13. , Street Lighting, of the Subdivision and Development
Ordinance is hereby amended and shall read as follows:
AMBROSE, 13. Street Lighting
FITZGERALD
`CRO° TON a. The City of Boise' s Lighting Ordinance is hereby
Attomsys and
Counselors ORDINANCE AMENDING THE ZONING ORDINANCE
PA.Sea 421 Page - 28
MWdlsn.Idaho
113042
Tdsphon.MAW
adopted by this reference as authorized by law.
Three (3) copies of Boise' s Lighting Ordinance
• shall be maintained and on file in the office of
the City Clerk, City of Meridian.
b. That in the event the above street lighting
requirements are waived in the case of an R-4
single-family dwelling development or subdivision,
• the developer and lot owner shall be responsible
for ensuring that there is a yard light installed
in the front year of each house in said
development; that the yard light shall be
controlled by a photo-electric cell which causes
the yard light to come on and shut off
automatically and said yard light shall be
electrically wired directly to the residence' s
electrical breaker panel and comply with the
National Electrical Code.
c. Every subdivider shall show on his development plan
•
where each street light is to be placed in the
subdivision.
Section 73. That Section 11-9-606 B. , IMPROVEMENTS,
PUBLIC, 14 . , of the Subdivision and Development Ordinance is
hereby amended and shall read as follows:
14. Pressurized Irrigation System - In each subdivision the
subdivider shall provide by underground tile, or other
like satisfactory underground conduit, pressurized
irrigation water to each and every lot within the
subdivision; the pressurized irrigation system shall be
constructed and installed at the same time as the
domestic water lines, but shall not necessarily be in
the same trenches; there shall be no cross-connections
between the domestic water lines and the irrigation
water lines that do not comply with Section 4-143 of the
Revised and Compiled Ordinances of the City of Meridian;
the City Engineer is hereby authorized and directed to
establish rules and regulations and standards for
pressurized irrigation systems and that all pressurized
irrigation systems shall comply with those standards,
rules and regulations. Provided, however, that the
requirements of this subsection may be waived upon proof
that any particular lot, parcel or piece of land does
AMBROSE, not have water rights in an existing irrigation
FITZGERALD district.
& axOKBTON
Attorneys and
Coons*lora ORDINANCE AMENDING THE ZONING ORDINANCE
P.O.Box 427 Page - 29
Meridian,Idea
siert
Telephone eeeJ4$1
Also, the above requirement may be waived if the
subdivider either 1) deeds to the City land for a well,
• drills the well and places thewell on line with the
City water system, including the necessary pumps,
piping, valves, pressure equipment, and all other
equipment necessary, and which well depth and capacity
are determined by the City; or 2) the sibdivider
depositor, gives, and grants sufficient funds with the
• City to purchase all necessary equipment to put the well
on line with the City water system. In many
subdivisions the latter option my be preferable to the
City so that the City may combine funds to drill and
equip one large well to service several subdivisions,
rather than have several smaller wells of less capacity.
SECTION 74 . That Section 11-9-615A. Subdivision Fees, 1. ,
of the Subdivision and Development Ordinance of the City of
Meridian is hereby repealed.
SECTION 75. That Sections 11-9-615 A. Subdivision Fees,
1 . , of the Subdivision and Development Ordinance of the City of
Meridian is hereby re-enacted and shall read as follows:
A petitioner or applicant for one of the following
subdivision approval or application matters shall pay the
fees set forth below when filing an application or requesting
a permit before the Meridian Planning and Zoning Commission
and/or the City Council of Meridian. No petition or
application, except as hereafter provided, shall be accepted
by the City unless accompanied by the required filing fee.
The fees required for the various types of petitions and
applications shall be as follows:
SECTION 76. That Section 11-9-617 A2, Fence Regulation,
of the Subdivision and Development Ordinance is hereby repealed.
SECTION 77. That Section 11-9-617 A2, Fence Regulation,
of the Subdivision and Development Ordinance is hereby re-enacted
and shall read as set forth in Exhibit "D" attached hereto and
AMBROSE, incorporated herein.
RITZDERALD
acRoottsTON SECTION 78. EFFECTIVE DATE: This Ordinance shall take
Attan'Ts and
co . ORDINANCE AMENDING THE ZONING ORDINANCE
ikm Su 47 Page - 30
Msddw,,MMa
03142
TMsmfon.0004101
effect 'and be in force and effect from and after its passage,
appioval and publication as required by law.
PASSED by the City Council and Approved by the Mayor of the
City 'of Meridian, Ada County, Idaho, this day of October,
1991.
APPROVED:
MAYOR, GRANT P. KINGSFORD
ATTEST:
CITY CLERK, JACK NIEMANN
AMBROSE,
FITZGERALD
BCROOKSTON
Attorneys and
Counselors ORDINANCE AMENDING THE ZONING ORDINANCE
P.O.Box 427 Page - 31
Meridian,antro
113142
Telephone eN.4461
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Fence Regulation A-424 CITY OF MERIDIAN
9 728 Meridian Street
INSIDE LOT Property Line 888-4433
•• nl(ii�IU.
' ail)�ryl 6' Solid or Open Fence
1111110'
1110 Behind Set Back
ill(11111 ��111IDio�
�� � 4111mmProperty4
i
Line "to,. 11%,
11'1 ''` ' 1$
,1„1,OIII
ii,. . . L• Property IlIilp,,
id /5 • Line- Iw� .,uitM
II ''
Hillitilliltrilik,
iIItII1lIlliii, ..-4, _Atdiii00.1liiirto. ..4101IIMI I DO U#
20' Setback ,gna�►�Im,
3' Solid Fence Q .m►�'
or 4' Open �I �i mF �'t,� ' ' x 4 ' ground
Sti a area
Type Fence �Illllf I) I �III e
In Front of Setback IIg44 \ ,/ .
Leave Open Access
to Water Meters,
Fence Regulation Fire Hydrant,
CORNER LOT /
Power Transformers, eta
IlN1111�� 6' Wood, Solid
1111111 III'' ( or Open Fence
IIII� �IIIIProperty Line(____,
I001 ('�I
II�IIII
,111 1111111 III
�l �IlIII1
1111""I 4411111111 nl
,��li 111011- "�Illl __,
1114,„ 111111111141„., •l'ffil "l�Ill� H[ ;,�
VIII ® ILIA Iihlll t
/lll,tlmI � VIII
hillilll� 1114, J, ,`
Nil!' f 20' Setback ,��,o�t� Uig
��,►111j �� 3 Wood or Solid Fence
3' Wood or Solid Fence ♦. " 4 11111 or 4' Open Fence
or 4' Open Fence I "°' � eti'�
S e
30 ,'O1 tit
Site Triangle 3' Chain Link 4 ' x 4 '_ ground rea
or Open Fence
Leave lien Access
., to Water Meters,,
Fire Hydrant/
Power Transformers, etc
EXHIBIT "C"
n44111�9'"RM4•• 'F+'.ii.td .1'. ..4 i iJ..xnx r:_ •
9-617 A2 CITY OF MERIDIAN
Fence Regulation 728 Meridian Street
INSIDE LOT Property Line 888.4433
III mll•� olll� I 6' Solid or Open Fence
IllUll ►Ilfl Behind Set Back
���41111110111 •
011111111111 �
I I��IIDI
Property 1. ;,;
Line ;;•0 •
W. ilii, i
�eill 11,E
iii l i�'' Ily��
Property lid,•
0 0 Lin
n INI
"149 411 00 i ie • "110010111111
� 11 tr) ,
Huh11111Illllu4°% �,,1►
III�N1Setback3' Solid Fence 11� 20 p �j' 4 ' x 4 ' ground
or 4' Open /'n�lh) �'wil� ee'c area
N Type Fence 111 il> ' S
In Front of Setback n � � ..
Leave Open Access
to Water Meters,
Fence Regulation Fire Hydrant ,
Power Transformers, etc:
CORNER LOT
• iNr1111110 6' Wood, Solid
1111 N� 111111 ( or Open Fence
IIli�ll SMI
Property Line 1111v) II'llhIui
p y 111IIU
II �I
,41110111it l
ply I
iIINI W�11 IIID Ilei
'• Ally- 1111111111UU Ihlli
\lflliilll I (1 441;,- •
1111111) (I�� n° / IIS
114\ ® 11111101
"kIn ail
Ii lal
itiiIlulII l itL r `.
QUI% ,r 20' Setback .,�,inptIIItIIto,\
I%
�►. 0 3' Wood or Solid Fence
33J.Wood: or Solid Fence it or 4' Open Fence
or 4' Open Fence . .'"4"—:-.0,, ,f.•.%. - .iti."
30 ' ' �Stite
Site Triangle 3' Chain-1.-1 -n:
or Open Fence x 4' g�oun ar
-46-
Leave Open Access
to Water Meters, ,
Fire Hydrant,
Power Transformers, etc. .
EXHIBIT "D"
MERIDIAN CITY COUNCIL
SEPT. 3, 1991
PAGE #4
Motion Carried: All Yea:
ITEM #6: awilacimmua OR IMMONO) 4WOOMNIOWS TO 2NE, ZONING & DEVELOPMENT
*OWES:
Kingsfor _ -� %.1 ye public who would
{ „ �'" l close
x.,
Y h
like tom;.,_ h �- . .F -
the Public Hearing.
The Motion was made by Tolsma and seconded by Myers to approve the Findings of Fact and
Conclusions of Law prepared for P & Z.
Nal Q1004 V* *G.iesler -- Yea; Myers - Yea; Tol - Yea;
Joon Carried: All Yea:
"wx
moinance •. r to the Zoning i
s
trOttit:iiiirriAldi All Yea:
ITEM #7: RICH ALLISON:
Allison: Recently Meridian School District applied for Conditional Use Permits on
two construction projects. One being Lowell Scott Addition and the second being
Pioneer School, which ;will be located on McMillan Road between Eagle Road and Cloverdale,.
about half way on the south side. Upon getting these approvals, one of the conditions
that came up that seemed very pertinent was the fact that the Lowell Scott addition is
going to require a hookup to City Water for fire protection, and that being the case
the nearest water course is Boise Water,, which is approximately one mile from the
site. Secondly the new Pioneer School also is required City Water or equivalent, and
the equivalent is about 250,000 gallon capacity plus pumping and much what you would
find out here for Albertson's Dry Storage Facility. That being the case we did contact
Boise Water to find out what the, excuse me,, first of all we had an engineer do a
report to tell us how much the water costs would be to run one mile of water line.
Secondly to run a pressurized line from Pioneer School back to Centennial High School.
The cost on the water is approximately $200,000.00 plus some on-site work and the
cost of sewer is $97,,000.00. It is possible for Pioneer School to go on to septic
system now rather than onto a sewer system. The other thing that came up at the
Public Hearing for the Conditional Use Permit for the Planning o Zoning at Ada County
was that there was a developer there who represents Mike Cabin, they own 80 Acres
immediately adjacent to Centennial High School and they would like to develop immediately.
Additionally the Murdoch's who have the 80 acres to the south and all the way out to
Eagle Road are the ones that the school district is buying the twelve acre school site
from. They have indicated in the past that they are willing to participate in water
and sewer costs as well. Currently this lies within the Meridian Impact Area.
Kingsford: It's in Ada County, it's not in an impact area.
Allison: I guess the real question has come up either from the standpoint of Boise
City or the standpoint of the City of Meridian as to who is going to serve that area_
with water and sewer.
in the Petition which are 1 ) context , procedural , definitional and
text amendments to clarify and 2 ) substantive amendments .
3. That there are no amendments that pertain to one
specific, ,parcel of land nor are there amendments to the zoning
boundaries of any Zoning District .
4 . That the amendments are legislative and do not
specifically involve the owners or users of any specific property
or of the specific uses of any property.
5 . That at the public hearing held before the Planning and
Zoning Commission there were no public comments or testimony or
evidence submitted on the Petition to amend objecting to the
amendments .
6. That the definition changes are, in large part,
clarifications to existing definitions or the addition of
definitions which the Planning and Zoning Commission believe to
be helpful in understanding and interpreting the Ordinances .
7 . That one definitional change in "district or Zone" and
one substantive change in 11-2-407 C . , Official Schedule of
District Regulations Adopted , is the deletion of the Agricultural
zone; that this change is to reflect that the City does not now
have, nor did it since 1984 , have any land zoned Agricultural
although there are parcels that are used agriculturally but under
grandfather rights ; that agricultural uses are generally in
conflict with urban uses .
AMBROSE,A8. In the definition of Impact Area the language deleted
&CROOKSTON
Attorneys from the definition improperly stated that the Area of Impact was
end
Counselors
P.O.Sox 427
Meridian,Idaho FINDINGS OF FACT AND CONCLUSIONS OF LAW 2
63642
Telephone 666.4461
•
governed by the zoning and development ordinances of the City ; the
Impact Area, pursuant to Impact Area Agreements , is governed by
the Ordinances of Ada County.
9 . That the change in 11-2-404 C and the addition thereto
is to reflect that the terms of the Commission are in fact six
years and to add to the Commission ' s powers the ability to appoint
a hearing officer to hear certain matters as allowed under the
Local Planning Act which the Commissions deems appropriate to
assist it in its duties . Likewise the ability to appoint hearing
officers by the City Council , as allowed under the Local Planning
Act , is deemed to be appropriate and of administrative efficiency.
10. . That in numbers 6 . and 7 . of the Petition to Amend , the
Planning and Zoning Commission finds that such matter would be
more economically and efficiently handled under the variance
procedures rather than the conditional use procedures.
11 . That there are several amendments to reflect that the
initial Zoning and Subdivision and Development Ordinances were
passed on April 2 , 1984, and that such date should be inserted to
reflect that that date is determinative of grandfather related
rights ; the Planning and Zoning Commission finds that such
amendment reflects the actual policy in existence .
12. That the changes pertaining to the R-4 Residential
District , and the uses allowed therein , are amendments to more
stringently retain the residential nature and quality of
AMBROSE,
FITZGERALD
dCROOKSTO N residential life in the single-family dwelling neighborhoods of
Attorneys and the City and to restrict the use of single-family dwellings to
Counselors
P.O.Box 421
Meridian,Idaho FINDINGS OF FACT AND CONCLUSIONS OF LAW 3
!3644
Telephone 8811.44e1
•
•
that' use only rather than business or commercial ventures which
such uses are hereby found to be intrusions of incompatible non-
residential uses as presently prohibited under 11-2-408 B . 1 . , Low
Density Residential District .
13. That some of the amendments pertain to specific changes
which were ordered by the Fourth Judicial District Court regarding
the prior conditional use procedures of the City, specifically
pertaining to the applicant paying for cost of publication ,
attorney and engineering fees , granting a lien to secure payment
of the costs , making a statement that the use does not violate
covenants or deed restriction , and requiring the applicant to
obtain the consent of 75% of the property owners within 300 feet
of the applicant ' s property.
14 . That the Court mandated changes required the City to
make other changes , particularly in changing the responsibilities
of who gives notice and who mails the notices .
15. That the fee schedule was required to be deleted and the
City Council authorized to set the fees by resolution in that new
fees need to be adopted to reflect that many of the costs of
processing some applications cannot now be passed on to the
applicant ; additionally it was necessary to state that if the
filing fees for applications were not paid that the City could
revoke the permit or use granted ; this is an enforcement device
AMBROSE, to insure that the reasonable fees of the City are paid .
FITZGERALD
&CROOKSTON
16. That it is necessary to amend the illustrations for
Attorneys and
Counselors fences to show the areas where utility accesses are to be located
P.O.Box 42?
Meridian,Idaho
e3642
Telephone 0/111-4461 FINDINGS OF FACT AND CONCLUSIONS OF LAW 4
� n
and show sufficient area so the fence does not interfere with
access to the utility access .
17 . That there have been problems with the location of
fences and it is necessary to provide guidance and standards for
the placement of those fences .
18. That additional governmental agencies have requested
copies of development applications and therefore the number of
copies required to be filed needed to be increased , and only 4
copies of conceptual engineering plans were necessary and
therefore a change was required .
19 . That it is desireable for well planned subdivisions to
have the locations of street lights shown on the plans .
20. That the Meridian Transportation Committee has indicated
that 80 foot road rights-of-way are required for section line road
and therefore that requirement needed to be added to the
subdivision requirements .
21 . The covenants of subdivisions are actually reviewed at
the Council level and the ordinances should reflect that .
22 . That the City had in the past a requirement for tiling
or fencing ditches ; that for better safety it is found that tiling
of ditches will provide better safety and thus this requirement
is being added back into the Subdivision and Development
Ordinance.
23. That it is found that there have been occasions where
AMBROSE,
FITZERALD
CROimprovements developers have not constructed im rovements that were shown on
Attorneys and the plans ; that an enforcement and responsibility provision needed
Counselor
P.O.Box 427
Meridian,Idaho
63612 FINDINGS OF FACT AND CONCLUSIONS OF LAW 5
TNephone!!61161
to be enacted to place responsibility on the owner and developer
to install and construct the planned improvements .
24 . That the City has been requiring irrigation systems to
be installed in subdivisions to provide sprinkling water at
cheaper rates and to save City water ; that this requirement has
worked in some cases but there has been objection to it; that an
alternate method to pressurized irrigation would be to have
developers construct or contribute to construction of new City
wells .
CONCLUSIONS OF LAW
1 . That the requirements of the Local Planning Act , Title
67 , Chapter 65, Idaho Code , including all notice and hearing
requirements have been met ; that the Planning and Zoning
Commission has authority to recommend changes to the Zoning and
Subdivision and Development Ordinances .
2 . That the Application was initiated by the Planning and
Zoning Commission and not by any individual or private party .
3. That the Commission may take judicial or official notice
of existing conditions in the City, County and State, and of
governmental actions , policies and ordinances and of its own prior
findings in other land use Applications and those of the City
Council .
AMBRO8E, 4. That the function of adopting and amending the Zoning
FITZGERALD
RCROOKSTON and Subdivision and Development Ordinances , is a legislative
Attorneys end T h e
Counselors function mandated by the Local Planning Act itself . Burt vs .
P.O.Box 427
Meridian,Idaho
°311142 FINDINGS OF FACT AND CONCLUSIONS OF LAW 6
Telephone 9!64481
� n
+ 1
•
City of Idaho Falls , 105 Idaho 65 , 665 P . 2d 1075 ( 1983 ) . That
even though this is a legislative function , the Local Planning Act
requires that the procedures of 67-6509 , Idaho Code, be met and
thus Findings of Fact and Conclusions have been made .
5. That the Application itself is concluded to meet the
requirements of the Local Planning Act .
6. That the Commission concludes that the facts presented
and the officially noticed facts , the Commission ' s knowledge of
how the City currently processes applications , the Court rulings ,
current conditions in the City, and the Findings of Fact are
sufficient and support amendments to the Zoning and Subdivision
and Development Ordinances .
7 . That it is in the best interest of the City and its
citizens to amend the Zoning and Subdivision and Development
Ordinances as set forth in the Petition .
AMBROSE,
FITZGERALD
&CROOKSTON
Altomays and
Counselors
P.O.Box 427
Meridian,Idaho
TelephB3S42 4461 FINDINGS OF FACT AND CONCLUSIONS OF LAW 7
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian Planning and Zoning Commission hereby adopts
and approves these Findings of Fact and Conclusions .
ROLL CALL :
Commissioner Hepper Voted
Commissioner Rountree Voted
Commissioner Shearer Voted
Commissioner Alidjani Voted
Chairman Johnson ( Tie Breaker ) Voted
RECOMMENDATION
The Meridian Planning and Zoning Commission hereby recommends
to the City Council that the Planning and Zoning Commission ' s
proposed Amendments to the Meridian Zoning and Subdivision and
Development Ordinances should be approved and adopted .
MOTION :
APPROVED : DISAPPROVED :
AMBROSE,
FITZGERALD
&CROOKSTON
Attorneys and
Counselors
P.O.Box 427
Meridian,Idaho
FINDINGS OF FACT AND CONCLUSIONS OF LAW 8
Telsphons!!64461
1991 PETITION TO AMEND THE ZONING ORDINANCE AND
THE SUBDIVISION AND DEVELOPMENT ORDINANCE
OF THE CITY OF MERIDIAN
COMES NOW, the Planning and Zoning Commission of the City
of Meridian and hereby submits to itself and the City Council of
the City of Meridian the following proposals to amend the Zoning
and Subdivision and Development Ordinances of the City of
Meridian : to-wit
ZONING ORDINANCE
1 . To amend 11-2-401 C . , Jurisdiction , deleting the last
phrase in the paragraph which reads , "Commonly referred to as the
Area of Impact" , and replacing it with the following language,
"Under the Area of Impact agreements between the City and Ada
County" .
2. Amending 11-2-402 A. , Intent and Purpose, by deleting
the last three words in the first sentence of the paragraph which
read , "and impact zone" , and replacing them with the following
language, "and land over which the City has jurisdiction under the
Area of Impact Agreements between the City and Ada County" .
3. Amending 11-2-403 B. , Definitions as follows for the
following words , to wit :
Applicant , by adding to the definition , "Applicant also
includes any person submitting a request for rezone,
conditional use, accessory use, annexation , or request to be
allowed to make any application authorized under this
ordinance" .
Applications , to substitute a comma in the third line
of the definition after the word plats for the period
that presently exists there.
Automobile Wrecking Yard , to replace the sixty ( 60) day
requirement with thirty ( 30) days .
Building, existing, adding to the definition the following
language at the end, "as of the effective date of this
ordinance ' s initial adoption on April 2 , 1984.
Cemetery, deleting the fourth word in the second line
AMBROSE, of the definition , which is , "cemetery" , and
FITZGERALD substituting the word " internment" .
&CROOKSTON
Attorneys and
Counselors
1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
Box 427
Meridian,Idaho OF THE CITY OF MERIDIAN --- PAGE 1
83842
Telephone 8884481
Certificate of Occupancy, in the third line changing the
language which now reads as follows , "has been changed , the
purpose for which the building was constructed or was changed
is being" , to the following language, "has been changed , the
purpose for which the building was constructed or changed is
capable of being" .
Clinic (Medical , Dental , Optical ) , changing the definition
to read as follows , "A building ( other than a hospital ) used
by one ( 1 ) or more health care practitioners for the purpose
of care, diagnosis or treatment of sick, ailing, infirm, or
injured patients , or those who are in need of medical and
surgical attention , but which building does not provide
board , room or regular hospital care and services . "
Commercial Use or Business , changing the definition to read
as follows , "The purchase, sale or other transaction
involving the handling or disposition of any article,
substance or commodity, or the dispensing of services for
livelihood or profit; ownership or management of office
buildings , offices for recreational , entertainment or
amusement enterprises or the maintenance and use of offices
by professions and trades rendering services is included in
this definition . "
Convalescent or Nursing Home, Rest Home, changing the
definition to read as follows , "Any home, place or
institution which operates or maintains facilities providing
convalescent , or chronic care, or both , for a period in
excess of twenty-four ( 24 ) consecutive hours for two ( 2 ) or
more patients not related by blood or marriage to the
operator, and said patients , who by reason of illness or
infirmity, are unable to properly care for themselves .
Court, deleting from the definition , " located above grade
level " .
Dairy Farm, delete the last clause of the definition which
reads as follows , "and where the milking area is subject to
the approval of the Idaho State Department of Health .
District or Zone, in the third line of the definition
delete the sentence that reads as follows , "The letter
(A) shall represent the Agricultural District" .
Entertainment Facilities (Commercial ) , changing the
definition to read as follows , "Any structure housing any
AMBROSE, "for profit" activity, which is generally related to the
Oentertainment field , such as motion picture theaters ,
BCROOKSTOSTON taverns , night clubs , cocktail lounges , bowling allies , and
Attorneys and
Counselors
P.O.Box427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
Meridian,Idaho
83842 OF THE CITY OF MERIDIAN --- PAGE 2
Telephone 8884481
similar entertainment activities . "
Lot, Flag lot , adding this definition between Lot , Double
Frontage and Lot , Frontage, and the definition to read as
follows , "A lot in the shape of a flag on a pole or similar
design" . A flag lot shall have a minimum frontage of thirty
( 30) feet on a public street and a structure placed on a flag
lot shall have the house facing the street frontage .
Highway, deleting the definition presently stated and
inserting the following definition , "means the entire width
between the boundary lines of every way publicly maintained
when any part is open to the use of the public for vehicular
traffic , with jurisdiction extending to the adjacent property
line, including sidewalks , shoulders , berms , and rights-of-
way not intended for motorized traffic . The term ' street '
is interchangeable with highway. "
Impact Area, deleting from the definition the last
sentence, which reads as follows , "that area shall be
governed by the ordinances of the City of Meridian
pertaining to zoning and development" .
Loading and Unloading Space, Off Street, changing the " and"
in the second to the last word of the definition to "or" .
Manufacturing, Heavy, in the third line adding a comma
after the word "character" .
Manufacturing, Light, in the fourth line of said definition
deleting the semi -colon between the two words "structures" ,
and "and" , and inserting a comma.
Mobile Home, deleting the sentence "Amended Ordinance 207" .
Original Parcel of Land , adding at the end of the
definition the following, " , April 2 , 1984" .
Ownership, changing the definition to read as follows , "The
individual , firm, association , syndicate, partnership or
corporation who has title of property" .
Parking Area or Lot ( Public ) , in the third line changing
the "and" between automobiles and commercial , to "or" .
Professional Offices , deleting the definition and
substituting the following, "structures where those engaged
AMBROSE, in a profession conduct their business and activity" .
FITZGERALD
6CROOKSTON Seat, adding to the definition the insertion of the
Attorneys and
Counselors
P.O.Box427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
Meridian,Idaho OF THE CITY OF MERIDIAN --- PAGE 3
83842
Telephone 888-4461
following sentence right after seat, " the place at, or
the thing on , which one sits" .
Walkway, deleting from the definition the following
language, "five ( 5 ) feet or more in width" .
4 . Amending 11-2-404 C . , Commission-Planning and Zoning
Commission , such that it reads as follows :
"The Commission shall consist of five ( 5) voting members .
They shall be appointed by the mayor and confirmed by
majority vote of the council for terms of six ( 6) years . An
appointed member of the commission must have resided in the
county for five ( 5 ) years and in the city for one ( 1 ) year
prior to his appointment , and must remain a resident of the
city during his service on the commission . Except that at
least one ( 1 ) but not more than two ( 2 ) members may be
appointed from residents of the City Impact Area, outside the
corporate limits . Such members shall have similar residence
requirements as those within the City, except that they need
not have resided in the City for one ( 1 ) year . Members of
the Commission shall be selected without respect to political
affiliations and shall serve without compensation . Members
may be removed for cause by a majority vote of the council . "
And additionally amending 11-2-404 C , COMMISSION , 2 . , by the
addition thereto of the following at the end of the present
paragraph :
"Pursuant to Section 67-6520, Idaho Code, the Commission
may appoint hearing examiners for hearing applications for
subdivision and variance permits , and requests for zoning
district boundary changes which are in accordance with the
plan , and conduct all other business in accordance with Idaho
Code, Section 67-6520" .
5. Amending 11-2-404 D . , Council , 1 . , Duties , by the
addition thereto of the following :
"c . Pursuant to Section 67-6520, Idaho Code , the council
may appoint hearing examiners for hearing applications for
subdivision and variance permits , and requests for zoning
district boundary changes which are in accordance with the
plan , and conduct all other business in accordance with Idaho
Code, Section 67-6520" .
"d . The council shall perform such other duties as set
AMBROSE, forth herein " .
FITZGERALD
&CROOKSTON 6. 11-2-405 C. , Use and Bulk Regulations, 1 . at the end of
Attorneys and
Counselors
P.O.Box427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
Meridian,Idaho
83842 OF THE CITY OF MERIDIAN --- PAGE 4
Telephone 888-4461
i
paragraph 1 . , the term "conditional use" shall be replaced with
"variance" .
7 . 11-2-405 C. 2 . , Bulk , the phrase "conditional use" at
the end of the section shall be replaced with "variance" .
8. 11-2-406 B. , Avoidance of Undue Hardship, in the fourth
line the language "or amendment" should be deleted and after the
word ordinance there should be placed a comma and the date April
2 , 1984 .
9 . 11-2-406 C. in the fourth line the language "or
amendment" should be deleted and after the word ordinance there
should be placed a comma and the date April 2 , 1984.
10. 11-2-407 B. 2 . d . , should be amended to read as follows ,
"to have narrower or smaller rear yards , front yards , side yards ,
or other open spaces; and" .
11 . 11-2-407 C. , Official Schedule of District Regulations
Adopted , second paragraph in the second line the word
"agricultural " should be deleted .
12. 11-2-408 B. Zoning Districts 1 . , R-4 should be amended
to add the following language "Only Single Family Dwellings shall
be permitted and no conditional uses shall be permitted except for
Planned Residential Development and public schools" .
13 . 11-2-409 , Zoning Schedule Of Use Control , should be
amended to show that in the R-4 Residential District only single
family dwellings , planned residential developments and public
schools shall be allowed in that district; that the Residential ,
Commercial , and Industrial listings should be amended to reflect
the above and that no conditional uses shall be allowed for other
uses .
14 . 11-2-409, Commercial -Churches , should be amended so that
they are a permitted use in the Old Town District . Child Care
Centers should be a conditional use in the C-G Zone . Under Bars ,
Alcoholic Establishments , they should be a conditional use in the
Old Town Zone.
15. 11-2-409, Zoning Schedule Of Use Control , C. ,
Industrial , should be amended to remove from the "Fabricated Metal
Products ( Except Major Welding and Foundry Operations" the "Major
Welding" .
AMBROSE, 16. 11-2-410 A. , Zoning Schedule of Bulk and Coverage
FITZGERALD Controls , the A District and its associated requirements should
BCROOKSTON be deleted , and the I under Districts should be changed to I-L .
Attorneys and
Counselors 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
P.O.Box 427
Meridian,Idaho OF THE CITY OF MERIDIAN --- PAGE 5
83842
Telephone 888-4461
•
•
Also, an asterisk (*) should be added under R-15, Minimum Yard
Setback Requirements from road right-of-way interior side so that
the street frontage is determined on the cul -de-sac lots at the
setback line, and a footnote ( 7 ) should be added stating that "On
corner lots in Residential Districts , the rear set back may be
determined on a side of the structure, at the option of the
builder" , and a ( 7 ) shall be added under Minimum Yard Set Back
Requirements under Rear Set Back in the R-4, R-8, R-15 and R-40
Districts; and the phrase "from Road Right-of-Way" shall be
deleted from "Minimum Yard Setback Requirement from Road Right-
of-Way" .
17 . 11-2-410 B. 4. , Architectural Projections, should have
the word "chimney" added after the words "covered patios" and
before the word "and" .
18. 11-2-410 D. 1 . B . (4 ) , shall be changed to read as
follows , "The use shall be considered as a Commercial Use" .
19 . 11-2-410 D. 1 . b . ( 5 ) , shall be changed to read as
follows , "Pay the fee of $80. 00" .
20. 11-2-410 D. 1 . b ( 7 ) , shall be changed to read as
follows : " If there are no objections filed within the time for
filing the same the zoning administrator may grant the request" .
21 . 11-2-411 D. shall be amended to add a new paragraph at
the end of the subsection which shall read as follows :
"All single-family (R-4 , R-8, R-15) detached dwelling houses
which have multi -stories shall have a minimum of eight
hundred (800) square feet of living space on the ground
floor. "
22 . 11-2-413 C. 1 . , shall be repealed .
23. 11-2-413 C 11 . , shall be repealed .
24 . 11-2-414 D, Design Standards For Off Street Parking,
should have an additional subsection added to it, a 3 . , which
would state as follows :
"3. Drainage : A drainage plan designed by an architect
or an engineer shall be submitted and required for all
off street parking areas and shall be approved by the
City Engineer . "
Also, in that section 11-2-414 D . some requirement for
parking space requirements for schools should be added , and review
AMBROSE,
FITZGERALD the number of parking spaces required for a nursery and day care
BCROOKSTON
Attorneys and
Counselors 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
OF THE CITY OF MERIDIAN --- PAGE 6
P.O.Box 427
Meridian,Idaho
83842
Telephone 888-4461
centers relating to the number of children and staff.
25 . 11-2-416 B, Initiation of Zoning Amendments , last
paragraph shall have the following deleted , "When a zoning
amendment and development request are issued simultaneously, the
procedure that shall be followed shall be that which is outlined
in Section 4 , Title 9, Chapter 6, of the City Ordinances entitled
Subdivision Approval Procedure" .
26 . 11-2-416 C 17, shall be repealed .
27 . 11-2-416 E, Procedures, 1 . shall be amended to read as
follows :
"The applicant shall provide the City Clerk with the names
and addresses of property owners within 300 feet of the
external boundaries of the land being considered , and any
additional area that may be impacted by the said application ,
as determined by the Zoning Administrator the applicant shall
deliver a sworn notarized statement that the list of property
owners are the owners of the property as shown by the records
of the Ada County Assessor; one week prior to the hearing set
pursuant to 11-2-416 E . 2 . b . , Applicant shall post a copy
of said notice of hearing of the application on the property
under consideration ; and after the property has been posted
the applicant shall deliver to the zoning administrator a
notarized statement that he has posted the property and the
date the posting was placed .
28. 11-2-416 E . 2, shall be amended as follows :
"The commission shall :
a . Give notice of the hearing, at least fifteen ( 15 ) days
prior to the hearing, by certified mail to property owners
within the land being considered and to owners within three
hundred ( 300) feet of the external boundaries of the land
being considered and any additional area that may be impacted
by said application as determined by the Zoning
Administrator. Said notice, by certified mail , must be
deposited with the United States Post Office at least fifteen
( 15 ) days prior to the hearing and said notice shall contain
a vicinity map of the property, a brief statement of the
nature of the application , the name and address of the
applicant . When notice is required to two hundred (200) or
more property owners or residents , in lieu of the mail
notification , notice of the proceeding and hearing required
AMBROSE, hereby may be given by publishing the notice and vicinity map
FITZGERALD for two ( 2 ) consecutive weeks in the official newspaper of
S CROOKSTON the City o f Meridian .
Attorneys and
Counselors
P.O.Box 027 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
Meridian,Idaho OF THE CITY OF MERIDIAN --- PAGE 7
83842
Telephone 8884481
b . Prior to recommending an application , conduct at least
one ( 1 ) public hearing in which interested persons shall have
an opportunity to be heard . At least fifteen ( 15) days prior
to the hearing, notice of the time and place and a summary
of the application to be discussed shall be published in the
official newspaper or paper of general circulation within the
City of Meridian .
c . Within forty-five (45 ) days from the hearing, transmit
its recommendation to the Council with supportive reasons .
The Commission may, however, continue the matter from meeting
to meeting if it finds that it does not have sufficient
information to make a decision . The Commission shall
recommend that the application be approved, approved with
conditions or denied . The Commission shall insure that any
approval or approval with conditions of an application shall
be in accordance with the Comprehensive Plan , this Ordinance
and State law.
d . Maintain a record of the hearing, findings made and
actions taken .
29. 11-2-416 F. 1 . , should be amended such that it reads as
follows :
"Hearing : The Council shall conduct at least one ( 1 ) public
hearing following the notice and requirements contained in 11-2-
416 E. 2 . , but the Council need only mail notice as required by
11-2-416 E. 2. a. by ordinary first call mail .
30. 11-2-417, shall be amended by deleting from the second
paragraph of that section the following language, "And a statement
of the owner granting to the City a lien against the property to
secure the payment of all costs incurred by the City, including
engineering, publication and attorney costs and fees .
31 . 11-2-418 B. , shall be amended by the deletion in the
second sentence of the phrase "or lessee" .
32 . 11-2-418 B . 12, 14, 15 and 18 shall be repealed .
33. 11-2-419 B . 22, shall be repealed .
34. 11-2-422 A. shall be deleted and a new section 11-2-422
A . should be adopted which should read as follows :
"11-2-422 A. A Petitioner or applicant for any of the
AMBROSE,
FITZGERALD zoning or planning matters in this Title shall pay the fees
&CROOKSTON established by the City Council , by resolution . No petition
Attorneys and
Counselors
1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
Box 427
Meridian,Idaho OF THE CITY OF MERIDIAN --- PAGE 8
83842
Telephone 8884481
or application , except as hereafter provided , shall be
accepted by the City unless accompanied by the required
filing fee . "
35. 11-2-422 E, shall be amended by the deletion of
everything in the section , except the following language :
" If all fees are not paid , the City may revoke any zoning
permit, conditional use permit, accessory use permit,
variance, occupancy permit , zoning certificate or other grant
of authority initially given the applicant , and in the case
of an annexation procedure, the City may de-annex said
property. "
36. 11-2-424 A2 . , on the Fence Designations , the drawings
should show the dimensions around utility access facilities such
as water meters , fire hydrant , power transformers , etc . , to be 4 '
x 4 ' and the appendix shall have deleted from it references to
"chain link fence" and "open fence" shall be substituted
therefore.
SUBDIVISION AND DEVELOPMENT ORDINANCE
37 . 11-9-604 C. 4. c . shall be deleted and d . shall be re-
lettered to c .
38. 11-9-604 C. 5 . a. , b . and c. shall be amended to delete
the "twenty-seven ( 27 ) " copies and insert "thirty ( 30) " copies .
39. 11-9-604 C . 5. d . shall be amended to delete the seven
( 7 ) sets of conceptual engineering plans to four (4 ) conceptual
engineering plans and the City Engineer shall make the
determination as to the drawings conformance to the proposed
improvements to applicable regulations , ordinances and standards .
40. 11-9-604 C . 6. , Requirements of Preliminary Plats , m. ,
shall be amended to read as follows :
"Any proposed or existing utilities , including, but not
limited to, storm and sanitary sewers , irrigation laterals ,
ditches , drainages , bridges , culverts , water mains , fire
hydrants , street lights , and their respective profiles" .
41 . 11-9-604 H. 1 . a . shall be amended to delete twenty-
seven ( 27 ) and insert thirty ( 30 ) .
AMBROSE,
FITZGERALD 42 . 11-9-605 B . 3. a. shall be amended to add to that
&CROOKSTON portion of the Highway and Street Types under Major Arterial
"Section Line Roads" so that they are required to have 80 feet of
Attorneys and
Counselors
FA.Box da7
Meridian,Idaho 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
83842 OF THE CITY OF MERIDIAN --- PAGE 9
Telephone 8884461
• �l
tir �r,
0 ON, CWA RMAN LANK N N
--' ZO L . COMMISSION
AMBROSE,
FITZGERALD
&CROOKSTON
Attorneys and
Counselors
p.o.Box azo 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
Meridian,Idaho OF THE CITY OF MERIDIAN --- PAGE 12
83842
Telephone 888-4461
1991 PETITION TO AMEND THE ZONING ORDINANCE AND
THE SUBDIVISION AND DEVELOPMENT ORDINANCE
OF THE CITY OF MERIDIAN
COMES NOW, the Planning and Zoning Commission of the City
of Meridian and hereby submits to itself and the City Council of
the City of Meridian the following proposals to amend the Zoning
and Subdivision and Development Ordinances of the City of
Meridian : to-wit
ZONING ORDINANCE
1 . To amend 11-2-401 C . , Jurisdiction , deleting the last
phrase in the paragraph which reads , "Commonly referred to as the
Area of Impact" , and replacing it with the following language,
"Under the Area of Impact agreements between the City and Ada
County" .
2. Amending 11-2-402 A. , Intent and Purpose, by deleting
the last three words in the first sentence of the paragraph which
read , "and impact zone" , and replacing them with the following
language, "and land over which the City has jurisdiction under the
Area of Impact Agreements between the City and Ada County" .
3. Amending 11-2-403 B . , Definitions as follows for the
following words , to wit :
Applicant , by adding to the definition , "Applicant also
includes any person submitting a request for rezone,
conditional use, accessory use, annexation , or request to be
allowed to make any application authorized under this
ordinance" .
Applications , to substitute a comma in the third line
of the definition after the word plats for the period
that presently exists there.
Automobile Wrecking Yard , to replace the sixty ( 60) day
requirement with thirty ( 30) days .
Building, existing, adding to the definition the following
language at the end , "as of the effective date of this
ordinance ' s initial adoption on April 2 , 1984 .
Cemetery, deleting the fourth word in the second line
of the definition , which is , "cemetery" , and
AMBROSE, substituting the word " internment" .
FITZGERALD
&CROOKSTON
Attorneys and
Counselors 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
P.O.Box427 OF THE CITY OF MERIDIAN --- PAGE 1
Meridian,Idaho
83842
Telephone 888-4461
•
Certificate of Occupancy, in the third line changing the
language which now reads as follows , "has been changed , the
purpose for which the building was constructed or was changed
is being" , to the following language, "has been changed , the
purpose for which the building was constructed or changed is
capable of being" .
Clinic (Medical , Dental , Optical ) , changing the definition
to read as follows , "A building (other than a hospital ) used
by one ( 1 ) or more health care practitioners for the purpose
of care, diagnosis or treatment of sick , ailing, infirm, or
injured patients , or those who are in need of medical and
surgical attention , but which building does not provide
board , room or regular hospital care and services . "
Commercial Use or Business , changing the definition to read
as follows , "The purchase, sale or other transaction
involving the handling or disposition of any article,
substance or commodity, or the dispensing of services for
livelihood or profit; ownership or management of office
buildings , offices for recreational , entertainment or
amusement enterprises or the maintenance and use of offices
by professions and trades rendering services is included in
this definition . "
Convalescent or Nursing Home, Rest Home, changing the
definition to read as follows , "Any home, place or
institution which operates or maintains facilities providing
convalescent, or chronic care, or both, for a period in
excess of twenty-four ( 24 ) consecutive hours for two ( 2 ) or
more patients not related by blood or marriage to the
operator, and said patients , who by reason of illness or
infirmity, are unable to properly care for themselves .
Court, deleting from the definition , " located above grade
level " .
Dairy Farm, delete the last clause of the definition which
reads as follows , "and where the milking area is subject to
the approval of the Idaho State Department of Health .
District or Zone, in the third line of the definition
delete the sentence that reads as follows , "The letter
(A) shall represent the Agricultural District" .
Entertainment Facilities ( Commercial ) , changing the
definition to read as follows , "Any structure housing any
AMBROSE, "for profit" activity, which is generally related to the
FITZGERALD
entertainment field , such as motion picture theaters ,
&CROOKRooKSTON taverns , night clubs , cocktail lounges , bowling allies, and
Attorneys and
Counselors
P.O.Box 427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
Meridian,Idaho 42OF THE CITY OF MERIDIAN --- PAGE 2
Telephone 888.4481
•
similar entertainment activities . "
Fence. An enclosure; especially, an enclosing barrier , as
one to prevent straying from within or instrusion into.
Fence, Open . A fence that does not restrict or impede
vision or sight through the fence by more than twenty percent
( 20%) .
Lot, Flag lot, adding this definition between Lot, Double
Frontage and Lot, Frontage, and the definition to read as
follows , "A lot in the shape of a flag on a pole or similar
design" . A flag lot shall have a minimum frontage of thirty
( 30) feet on a public street and a structure placed on a flag
lot shall have the house facing the street frontage.
Highway, deleting the definition presently stated and
inserting the following definition , "means the entire width
between the boundary lines of every way publicly maintained
when any part is open to the use of the public for vehicular
traffic , with jurisdiction extending to the adjacent property
line, including sidewalks , shoulders , berms , and rights-of-
way not intended for motorized traffic . The term ' street '
is interchangeable with highway. "
Impact Area, deleting from the definition the last
sentence, which reads as follows , "that area shall be
governed by the ordinances of the City of Meridian
pertaining to zoning and development" .
• Loading and Unloading Space, Off Street, changing the "and"
in the second to the last word of the definition to "or" .
Manufacturing, Heavy, in the third line adding a comma
after the word "character" .
Manufacturing, Light, in the fourth line of said definition
deleting the semi -colon between the two words "structures" ,
and "and" , and inserting a comma.
Mobile Home, deleting the sentence "Amended Ordinance 207" .
Original Parcel of Land , adding at the end of the
definition the following, " , April 2, 1984" .
Ownership, changing the definition to read as follows , "The
individual , firm, association , syndicate, partnership or
AMBROSE, corporation who has title of property" .
FITZGERALD
BCROOKSTON Parking Area or Lot ( Public ) , in the third line changing
Attorneys and
Counselors
P.O.Box427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
Meridian, OF THE CITY OF MERIDIAN --- PAGE 3
Telephone 888-4461
•
the "and" between automobiles and commercial , to "or" .
Professional Offices , deleting the definition and
substituting the following, "structures where those engaged
in a profession conduct their business and activity" .
Seat, adding to the definition the insertion of the
following sentence right after seat , "the place at, or
the thing on , which one sits " .
Walkway, deleting from the definition the following
language, "five ( 5) feet or more in width" .
4. Amending 11-2-404 C . , Commission-Planning and Zoning
Commission , such that it reads as follows :
"The Commission shall consist of five ( 5 ) voting members .
They shall be appointed by the mayor and confirmed by
majority vote of the council for terms of six ( 6) years . An
appointed member of the commission must have resided in the
county for five ( 5) years and in the city for one ( 1 ) year
prior to his appointment , and must remain a resident of the
city during his service on the commission . Except that at
least one ( 1 ) but not more than two ( 2 ) members may be
appointed from residents of the City Impact Area, outside the
corporate limits . Such members shall have similar residence
requirements as those within the City, except that they need
not have resided in the City for one ( 1 ) year. Members of
the Commission shall be selected without respect to political
affiliations and shall serve without compensation . Members
may be removed for cause by a majority vote of the council . "
And additionally amending 11-2-404 C , COMMISSION, 2 . , by the
addition thereto of the following at the end of the present
paragraph :
"Pursuant to Section 67-6520, Idaho Code, the Commission
may appoint hearing examiners for h earing applications for
subdivision and variance permits , and requests for zoning
district boundary changes which are in accordance with the
plan , and conduct all other business in accordance with Idaho
Code, Section 67-6520" .
5. Amending 11-2-404 D . , Council , 1 . , Duties , by the
addition thereto of the following :
"c . Pursuant to Section 67-6520, Idaho Code, the council
AMBROSE, may appoint hearing examiners for hearing applications for
FITZGERALD
BCROOKSTON subdivision and variance permits , and requests for zoning
district boundary changes which are in accordance with the
Attorneys and
Counselors
P.O.Box 427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
Meridian,2Idaho OF THE CITY OF MERIDIAN --- PAGE 4
Telephone 888-4481
•
plan , and conduct all other business in accordance with Idaho
Code, Section 67-6520" .
"d . The council shall perform such other duties as set
forth herein" .
6. 11-2-405 C. , Use and Bulk Regulations , 1 . at the end of
paragraph 1 . , the term "conditional use" shall be replaced with
"variance" .
7 . 11-2-405 C. 2. , Bulk , the phrase "conditional use" at
the end of the section shall be replaced with "variance" .
8. 11-2-406 B . , Avoidance of Undue Hardship, in the fourth
line the language "or amendment" should be deleted and after the
word ordinance there should be placed a comma and the date April
2 , 1984.
9. 11-2-406 C . in the fourth line the language "or
deleted should be and after the word ordinance there
should be placed a comma and the date April 2 , 1984.
10. 11-2-407 B. 2. d . , should be amended to read as follows ,
"to have narrower or smaller rear yards , front yards , side yards ,
or other open spaces; and" .
11 . 11-2-407 C. , Official Schedule of District Regulations
Adopted , second paragraph in the second line the word
"agricultural " should be deleted .
12 . 11-2-408 B. Zoning Districts 1 . , R-4 should be amended
to add the following language "Only Single Family Dwellings shall
be permitted and no conditional uses shall be permitted except for
Planned Residential Development and public schools" .
13. 11-2-409, Zoning Schedule Of Use Control , should be
amended to show that in the R-4 Residential District only single
family dwellings , planned residential developments and public
schools shall be allowed in that district; that the Residential ,
Commercial , and Industrial listings should be amended to reflect
the above and that no conditional uses shall be allowed for other
uses .
14. 11-2-409, Commercial -Churches , should be amended so that
they are a permitted use in the Old Town District . Child Care
Centers should be a conditional use in the C-G Zone . Under Bars ,
Alcoholic Establishments , they should be a conditional use in the
AMBROSE,
FITZGERALD Old Town Zone.
&CROOKSTON
Attorneys and 15. 11-2-409, Zoning Schedule Of Use Control , C. ,
Counselors
P.o.Box d
Meridian,Idaho 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
h
83842 OF THE CITY OF MERIDIAN --- PAGE 5
Telephone 888-4461
Industrial , should be amended to remove from the "Fabricated Metal
Products ( Except Major Welding and Foundry Operations" the "Major
Welding" .
16. 11-2-410 A. , Zoning Schedule of Bulk and Coverage
Controls , the A District and its associated requirements should
be deleted , and the I under Districts should be changed to I-L .
Also, an asterisk (*) should be added under R-15, Minimum Yard
Setback Requirements from road right-of-way interior side so that
the street frontage is determined on the cul -de-sac lots at the
setback line, and a footnote ( 7 ) should be added stating that "On
corner lots in Residential Districts , the rear set back may be
determined on a side of the structure, at the option of the
builder" , and a ( 7 ) shall be added under Minimum Yard Set Back
Requirements under Rear Set Back in the R-4 , R-8, R-15 and R-40
Districts ; and the phrase "from Road Right-of-Way" shall be
deleted from "Minimum Yard Setback Requirement from Road Right-
of-Way" .
17. 11-2-410 B. 4. , Architectural Projections, should have
the word "chimney" added after the words "covered patios" and
before the word "and" .
18. 11-2-410 D. 1 . B . (4 ) , shall be changed to read as
follows , "The use shall be considered as a Commercial Use" .
19. 11-2-410 D. 1 . b. ( 5 ) , shall be changed to read as
follows , "Pay the fee of $80. 00" .
20. 11-2-410 D. 1 . b ( 7 ) , shall be changed to read as
follows : " If there are no objections filed within the time for
filing the same the zoning administrator may grant the request" .
21 . 11-2-411 D. shall be amended to add a new paragraph at
the end of the subsection which shall read as follows :
"All single-family (R-4, R-8, R-15) detached dwelling houses
which have multi -stories shall have a minimum of eight
hundred (800) square feet of living space on the ground
floor. "
22. 11-2-413 C. 1 . , shall be repealed .
23. 11-2-413 C 11 . , shall be repealed .
24 . 11-2-414 D, Design Standards For Off Street Parking,
should have an additional subsection added to it, a 3. , which
AMBROSE, would state as follows :
FITZGERALD
&CROOKSTON
"3. Drainage : A drainage plan designed by an architect
Attorneys and
Counselors
P.O.Box427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
Meridian,Idaho n, OF THE CITY OF MERIDIAN --- PAGE 6
Telephone 888.4481
or an engineer shall be submitted and required for all
off street parking areas and shall be approved by the
City Engineer . "
Additionally 11-2-414 E . f. ( 1 ) shall be amended to change
the space requirement to read as follows : "One ( 1 ) space for every
ten ( 10) children plus one ( 1 ) space per staff memeber" .
25 . 11-2-416 B, Initiation of Zoning Amendments , last
paragraph shall have the following deleted , "When a zoning
amendment and development request are issued simultaneously, the
procedure that shall be followed shall be that which is outlined
in Section 4 , Title 9, Chapter 6, of the City Ordinances entitled
Subdivision Approval Procedure" .
26. 11-2-416 C 17, shall be repealed .
27 . 11-2-416 E, Procedures , 1 . shall be amended to read as
follows :
"The applicant shall provide the City Clerk with the names
and addresses of property owners within 300 feet of the
external boundaries of the land being considered , and any
additional area that may be impacted by the said application ,
as determined by the Zoning Administrator and and the
applicant shall deliver a sworn notarized statement that the
list of property owners are the owners of the property as
shown by the records of the Ada County Assessor; one week
prior to the hearing set pursuant to 11-2-416 E . 2 . b . ,
Applicant shall post a copy of said notice of hearing of the
application on the property under consideration ; and after
the property has been posted the applicant shall deliver to
the zoning administrator a notarized statement that he has
posted the property and the date the posting was placed .
28. 11-2-416 E . 2, shall be amended as follows :
"The commission shall :
a . Give notice of the hearing, at least fifteen ( 15) days
prior to the hearing, by certified mail to property owners
within the land being considered and to owners within three
hundred ( 300) feet of the external boundaries of the land
being considered and any additional area that may be impacted
by said application as determined by the Zoning
Administrator. Said notice, by certified mail , must be
deposited with the United States Post Office at least fifteen
AL,
FITZGERERALD ( 15 ) days prior to the hearing and said notice shall contain
SCROOKSTON a vicinity map of the property, a brief statement of the
nature of the application , the name and address of the
Attorneys and
Counselors
P.O.Box 4271991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
Ida
Meridian,Idaho
83842 OF THE CITY OF MERIDIAN --- PAGE 7
Telephone 888.4481
applicant . When notice is required to two hundred (200) or
more property owners or residents , in lieu of the mail
notification , notice of the proceeding and hearing required
hereby may be given by publishing the notice and vicinity map
for two (2 ) consecutive weeks in the official newspaper of
the City of Meridian .
b . Prior to recommending an application , conduct at least
one ( 1 ) public hearing in which interested persons shall have
an opportunity to be heard . At least fifteen ( 15) days prior
to the hearing, notice of the time and place and a summary
of the application to be discussed shall be published in the
official newspaper or paper of general circulation within the
City of Meridian .
c . Within forty-five (45 ) days from the hearing, transmit
its recommendation to the Council with supportive reasons .
The Commission may, however, continue the matter from meeting
to meeting if it finds that it does not have sufficient
information to make a decision . The Commission shall
recommend that the application be approved , approved with
conditions or denied . The Commission shall insure that any
approval or approval with conditions of an application shall
be in accordance with the Comprehensive Plan , this Ordinance
and State law.
d . Maintain a record of the hearing, findings made and
actions taken .
29. 11-2-416 F. 1 . , should be amended such that it reads as
follows :
"Hearing : The Council shall conduct at least one ( 1 ) public
hearing following the notice and requirements contained in
11-2-416 E. 2. , but the Council need only mail notice as
required by 11-2-416 E . 2. a. by ordinary first call mail .
30. 11-2-417 , shall be amended by deleting from the second
paragraph of that section the following language, "And a statement
of the owner granting to the City a lien against the property to
secure the payment of all costs incurred by the City, including
engineering, publication and attorney costs and fees .
31 . 11-2-418 B. , shall be amended by the deletion in the
second sentence of the phrase "or lessee" .
AMBROSE, 32. 11-2-418 B. 12, 14, 15 and 18 shall be repealed .
FITZGERALD
&CROOKSTON 33. 11-2-419 B. 22, shall be repealed .
Attorneys and
Counselors
FA.Box da7
Meridian,Idaho 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
83842
Telephone 8884461 OF THE CITY OF MERIDIAN --- PAGE 8
34 . 11-2-422 A. shall be deleted and a new section 11-2-422
A. should be adopted which should read as follows :
"11-2-422 A. A Petitioner or applicant for any of the
zoning or planning matters in this Title shall pay the fees
established by the City Council , by resolution . No petition
or application , except as hereafter provided , shall be
accepted by the City unless accompanied by the required
filing fee. "
35. 11-2-422 E, shall be amended by the deletion of
everything in the section , except the following language :
" If all fees are not paid , the City may revoke any zoning
permit, conditional use permit, accessory use permit,
variance, occupancy permit, zoning certificate or other grant
of authority initially given the applicant , and in the case
of an annexation procedure, the City may de-annex said
property. "
36. 11-2-424 A2 . , on the Fence Designations, the drawings
should show the dimensions around utitlity access facilites such
as water meters , fire hydrant, power transformers , etc . , to be 4 '
x 4 ' and the appendix shall have deleted from it references to
"chain link fence" and "open fence" shall be substituted
therefore.
SUBDIVISION AND DEVELOPMENT ORDINANCE
37. 11-9-604 C . 4. c . shall be deleted and d . shall be re-
lettered to c .
38. 11-9-604 C. 5. a. , b . and c. shall be amended to delete
the "twenty-seven ( 27 ) " copies and insert " thirty ( 30) " copies .
39. 11-9-604 C . 5 . d . shall be amended to delete the seven
( 7 ) sets of conceptual engineering plans to four (4) conceptual
engineering plans and the City Engineer shall make the
determination as to the drawings conformance to the proposed
improvements to applicable regulations , ordinances and standards .
40. 11-9-604 C . 6. , Requirements of Preliminary Plats , m. ,
shall be amended to read as follows :
"Any proposed or existing utilities , including, but not
limited to, storm and sanitary sewers , irrigation laterals ,
AMBROSE, ditches , drainages , bridges , culverts , water mains , fire
FITZGERALD
&CROOKTON hydrants , street lights , and their respective profiles" .
Attorneys and
Counselors
P.O.Box427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
Meridian, OF THE CITY OF MERIDIAN --- PAGE 9
Telephone 888-4461
41 . 11-9-604 H. 1 . a. shall be amended to delete twenty-
seven (27 ) and insert thirty ( 30) .
42 . 11-9-605 B. 3. a. shall be amended to add to that
portion of the Highway and Street Types under Major Arterial
"Section Line Roads" so that they are required to have 80 feet of
right-of-way.
43. 11-9-605 I . , second paragraph , first sentence, shall be
amended to delete "Commission " and insert "Council " .
44. 11-9-605 J . Fences , shall be amended to add a new
subsection which shall be lettered k . and which shall read as
follows :
"11-9-605 J . 7. k . Any developer intending to construct a
fence on top of a berm shall show the berm and the fence on the
preliminary plat and shall include with the preliminary plat the
design , placement, heights , specifications , and drawing of said
fence. "
45 . 11-9-605 J. shall have a new paragraph numbered 11-9-
605 J. 8. which would read as follows :
"11-9-605 J . 8. Any developer intending to construct a
boundary fence on the boundaries of a proposed subdivision
shall show the fence on the preliminary plat and shall
include with the preliminary plat the design , placement,
heights , specifications , and drawing of said fence. "
46. 11-9-605 J. 10. a. 12 . shall be deleted .
47. A new section 11-9-605 M. , shall be added relating to
Piping Of Ditches , which would read as follows :
"M. Tiling of irrigation ditches , laterals or canals . All
waterways , irrigation ditches , laterals or canals , exclusive of
natural waterways , intersecting, crossing or lying adjacent and
contiguous to an area being subdivided shall be covered and
enclosed with tiling or other equivalent covering which has the
same ability to detour access to said ditch , lateral or canal , or
any part of said lands or areas being subdivided which abutt
either or both sides of said ditch , lateral or canal . The City
may waive this requirement for covering such ditch , lateral or
canal , if it finds that the public purpose requiring such will not
be served in the individual case. Any covering program involving
AMBROSE, the distribution system of any irrigation district shall have the
FITZGERALD prior approval of that affected irrigation district . No
SCROOKSTON subdivision plat shall be approved where the subdivision is
Attorneys and arbitrarily or artificially laid out to avoid being adjacent to
Counselors
a.o.Box dar
Meridian,Idaho 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
83842 OF THE CITY OF MERIDIAN --- PAGE 10
Telephone 888.4181
v f
any waterway, irrigation ditch , lateral or canal to which it would
otherwise be naturally adjacent or which it would otherwise
naturally include .
48. 11-9-606 A. , Responsibility For Plans , shall be amended
such that the existing paragraph is designated as paragraph 1 . and
a new paragraph added designated as 2 . which should read as
follows :
" It shall be the responsibility and liability of every
subdivider, and the owner of the land being subdivided , to
construct and install every improvement shown on the plat of
the subdivision or represented to be included in the
subdivision at any presentation before the Planning and
Zoning Commission or the City Council and this responsibility
and liability shall run with the land and this responsibility
and liability shall be shown on the plat of the subdivision . "
49. 11-9-606 B. 13. shall be amended to add a new paragraph
number 13. c . , which shall read as follows , "c . Every subdivider
shall show on his development plan where each street light is to
be placed in the subdivision " .
50. 11-9-606 B 14 should be amended by the addition of the
following language at the end of the existing paragraph :
"Also, the above requirement may be waived if the
subdivider either 1 ) deeds to the City land for a well ,
drills the well and places the well on line with the
City water system, including the necessary pumps ,
piping, values, pressure equipment, and all other
equipment necessary, and which well depth and capacity
are determined by the City; or 2 ) the subdivider
deposits , gives and grants sufficient funds with the
City to purchase land , construct and drill a well , and
purchase all necessary equipment to put the well on line
with the City water system. In many subdivisions the
latter option may be preferable to the City so that the
City may combine funds to drill and equip one large well
to service several subdivisions, rather than have
several smaller wells of less capacity.
51 . 11-9-615 A. 1 . should be deleted and a new section 11-
9-615 A. 1 . should be adopted which should read as follows :
"11-9-615 A. 1 . A Petitioner or applicant for any of the
subdivision or application matters in this Title shall pay the
AMBROSE, fees established by the City Council , by resolution . No petition
FITZGERALD
SCROOKSTON or application , except as except as hereafter provided , shall be
accepted by the City unless accompanied by the required filing
Attorneys and
Counselors
P.O.Box 427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
Meridian,Idaho 2OF THE CITY OF MERIDIAN --- PAGE 11
Telephone 8884481
1
•
fee.
52 . 11-9-617 A. 3. , there should be a drawing added showing
the sight triangles for fences .
DATED this day of 1991 .
A\:.; ,
ta
s ' i ` , fl 1 M N PLANNING AND
ONI . COMMISSION
AMBROSE,
FITZGERALD
&CROOKSTON
Attorneys and
Counselors
P.O.Box427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
Meridian,2Idaho OF THE CITY OF MERIDIAN --- PAGE 12
Telephone 888-4461
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City
of Meridian and the laws of the State of Idaho, that the City
Council of the City of Meridian will hold a public hearing at the
Meridian City Hall , 33 East Idaho Street , Meridian , Idaho, at the
hour of 7 : 30 o ' clock p.m. , on September 3, 1991 , for the purpose
of reviewing and considering the Planning and Zoning Commission ' s
1991 Petition to amend the Zoning Ordinance and the Subdivision
and Development Ordinance of the City of Meridian . The proposed
amendments are text amendments and no specific parcel of property
is involved although the amendments may effect property within the
city and the uses to which it may be put .
A summary of the proposed amendments states as follows , to-
wit :
ZONING ORDINANCE
-- 1 . To amend 11-2-401 C , Jurisdiction , by replacing the
language "Commonly referred to as the Area of Impact" , with,
"Under the Area of Impact agreements between the City and Ada
County" .
2 . Amending 11-2-402 A, Intent and Purpose, by replacing
in the first sentence of the paragraph , "and impact zone" , and
replacing them with , "and land over which the City has
jurisdiction under the Area of Impact Agreements between the City
and Ada County" .
3. Amending 11-2-403 B, Definitions to add a new
definition , change the definition , or delete language from the
existing definition for the following words :
Applicant ; Applications ; Automobile Wrecking Yard ; Building,
existing; Cemetery; Certificate of Occupancy ; Clinic
(Medical , Dental , Optical ) ; Convalescent or Nursing Home,
Rest Home; Court; Dairy Farm; District or Zone; Entertainment
Facilities (Commercial ) ; Fence; Fence, Open ; Lot, Flag lot;
Highway; Impact Area; Loading and Unloading Space,
Street; Manufacturing , Light; Mobile Home; Original Parcel
of Land ; Ownership; Parking Area or Lot ( Public ) ;
Professional Offices ; Seat; and Walkway.
4 . Amending 11-2-404 C , Commission-Planning and Zoning
Commission , such that the language for the term of commissioner
is changed from "not less than three ( 3) or more than six ( 6)
years" to "for terms of six ( 6) years" ; and further amending the
above section by adding : "Pursuant to Section 67-6520, Idaho
Code , the Commission may appoint hearing examiners for hear ni g
app ications for subdivision and variance permits , and requests
for zoning district boundary changes which are in accordance with
the plan , and conduct all business in accordance with Idaho Code,
AMBROSE, Section 67-6520" ' the addition
FITZGERALD 5. Amending 11-2-404 D . , Council , 1 ) by
&CROOKSTON thereto of the following :
Attorneys and
Counselors 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
Box 427
Meridian,Idaho OF THE CITY OF MERIDIAN --- PAGE 1
83842
Telephone 888-4481
32 . 11-2-419 B 22, shall be repealed .
33. 11-2-422 A. shall be repealed and re-enacted to read as
follows :
" A petitioner or applicant for a zoning or planning matter
shall pay, when filing an application or requesting a permit,
the fees set by the city council by resolution for the
particular application , permit or matter. No petition or
application , except as hereafter provided , shall be accepted
by the City unless accompanied by the required filing fee. "
34 . 11-2-422 E. , shall be amended by the deletion of
everything in the section , except the following language, " If all
fees are not paid , the City may revoke any zoning permit,
conditional use permit, accessory use permit, variance, occupancy
permit, zoning certificate initially given the applicant , and in
the case of an annexation procedure, the City may de-annex said
property" .
35. 11-2-424 Appendix A2. , on the Fence Regulation , the
drawings shall show the dimensions around utility accesses to be
4 ' x 4 ' and references to "open chain link fence" shall be amended
to "open fence" .
SUBDIVISION AND DEVELOPMENT ORDINANCE
36. 11= 604 C, Requirements of Preliminary Plats 6 . m. ,
shall be amended to read as follows , "Any proposed or existing
utilities , including , but not limited to, storm and sanitary
sewers , irrigation laterals , ditches , drainages , bridges,
culverts , water mains , fire hydrants , street lights , and their
respective profiles" .
37 . 11-9-604 C . 4. c . shall be repealed and d . of that
section shall be re-lettered to c .
38. 11-9-604 C . 5. a . , b . and c. shall be amended to delete
the "twenty-seven ( 27) " copies and insert "thirty ( 30) " copies .
39 . 11-9-604 C . 5. d . shall be amended to delete the " seven
( 7 ) sets of conceptual engineering plans" and insert "four ( 4 )
sets of conceptual engineering plans" .
40. 11-9-604 C . 6. , Requirements of Preliminary Plats , m. ,
shall be amended to read as follows :
"Any proposed or existing utilities , including, but not
limited to, storm and sanitary sewers , irrigation laterals ,
ditches , drainages , bridges , culverts , water mains , fire
hydrants , street lights , and their respective profiles . "
41 . 11-9-604 H. 1 . a . shall be amended to delete twenty-
seven (27 ) and insert four (4 ) .
42 . 11-9-605 B. 3. a. shall be amended to add to that
portion of the Highway and Street types under Major Arterial ,
"Section Line Roads" so that they are required to have 80 feet of
right-of-way.
AMBROSE, 43. 11-9-605 I . , second paragraph , first sentence, shall be
FITZGERALD amended to delete "Commission " and insert "Council " .
BCROOKSTON 44. 11-9-605 J. Fences , shall be amended to add a new
Attorneys and
Counselors
P.O.Box 427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
Meridian,Idaho OF THE CITY OF MERIDIAN --- PAGE 5
83842
Telephone 888-4461
be placed in the subdivision " .
50. 11-9-606 B. 14. shall be amended by the addition of the
following language at the end of the existing paragraph :
"Also, the above requirement may be waived if the
subdivider gives and grants sufficient funds to the
City, in an amount that would be sufficient to purchase
land, construct and drill a well , and purchase all
necessary equipment , to put a well on line with the City
water system to service only the subdivider ' s
subdivision . The City may then hold such funds and
combine them with similar grants and gifts from other
subdividers and the City may then drill a well and
supply the necessary equipment to drill and construct
and put on line a larger well than the individual
subdivider would have put on line which City well is
capable of servicing the subdivisions owned by the
subdividers from which the grant and gift of funds was
obtained . "
51 . 11-9-615 A. 1 . should be deleted and a new section 11-
9-615 A. 1 . should be adopted which should read as follows :
"11-9-615 A. 1 . A Petitioner or applicant for any of the
subdivision or application matters in this Title shall pay
the fees established by the City Council , by resolution . No
petition or application , except as except as hereafter
provided , shall be accepted by the City unless accompanied
by the required filing fee. "
52 . 11-9-617 A. 3. , there shall be a drawing added showing
the sight triangles for fences .
DATED this 14th day ..f Au . st _ 1991 .,:
JA IAN , I TY CLERK
CITY OF ME IDIAN
AMBROSE,
FITZGERALD
BCROOKSTON
Attorneys and
Counselors
P.O.Box427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
Meridian,8364
2ldaho OF THE CITY OF MERIDIAN --- PAGE 7
Telephone 888 4461
MERIDIAN PLANNING & ZONING
AUGUST 13, 1991
PAGE #9
Johnson: Anyone else to testify? Hearing and seeing no-one else I will close the
Public Hearing.
Rountree: We have some of the same concerns that we had at the last development that
was just down the road from this one as far as access, small enclaves and the
potential for additional enclaves, the potential for who knows what in the County
in terms of industrial or commercial activities adjacent to a residential area.
Explain to me what happens with the County on these commercial properties if commerical
developments go in there and aren't annexed into the City.
Clerk Niemann: I don't know that that is really zoned commercial under the county.
I haven't checked on it. As far as I know all that is pretty much rural transition.
Shearer: I don't think we can completely look at the impact on Pine and so on.
It's the same story as every single development, the development comes first then
the roads afterwards. We can't build the roads until after we have the development.
The Motion was made by Shearer and seconded by Hepper to have the attorney prepare
Findings of Fact and Conclusions of Law.
Motion Carried: All Yea:
The Motion was made by Hepper and seconded by Shearer to recommend approval to the
City Council for the annexation and zoning.
Motion Carried: Two Yea: One Nea:
ITEM #4: FINDINGS OF FACT & CONCLUSIONS ON PROPOSED AMENDMENTS TO THE ZONING AND
DEVELOPMENT ORDINANCES:
Johnson: Anybody have any questions on these Findings?
Rountree: It reads to me that there is no CUP in R-4, is that correct?
Crookston: Yes.
The Motion was made by Rountree and seconded by Shearer that the Meridian Planning and
Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions of
Law.
Roll Call Vote: Hepper - Yea; Rountree - Yea; Shearer - Yea; Alidjani - absent.
Motion Carried: All Yea:
The Motion was made by Rountree and seconded by Shearer that the Meridian Planning
and Zoning Commission hereby recommends to the City Council that the Planning and
Zoning Commission's proposed Amendments to the Meridian Zoning and Subdivision and
Development Ordinances should be approved and adopted.
Motion Carried: All Yea:
The Motion was made by Shearer and seconded by Rountree to adjourn at 9:00 P.M. :
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
JULY 1991 APPLICATION TO AMEND
THE ZONING ORDINANCE AND THE
SUBDIVISION AND DEVELOPMENT ORDINANCE
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled application to amend the Meridian Zoning
Ordinance and the Subdivision and Development Ordinance having
come on for public hearing on July 9, 1991 at 7 : 30 o ' clock p.m. ,
and the Planning and Zoning Commission having heard any and all
testimony that was submitted , which there was no testimony,
including the taking of judicial notice of matters of which it may
take judicial notice, and including its knowledge of existing
conditions and prior findings of fact and conclusions of law
adopted on prior amendments to the Ordinances and having duly
considered all the evidence, officially noticed evidence and the
facts of the Ordinances , the Local * Planning Act of 1975 , the
Comprehensive Plan of the City of Meridian , the Planning and
Zoning Commission makes the following :
FINDINGS OF FACT
1 . That the Application was submitted by the Planning and
Zoning Commission and is an amendment proposed by the Commission
after holding a special work session with the City Council which
AMBROSE,
FITZGERALD
&CROOKSTON was duly noticed .
Attorney.and 2 . That there are twos specific is t
Counselorsp ypes of amendments involved
P.O.Box 427
Meridian,Idaho
s364z FINDINGS OF FACT AND CONCLUSIONS OF LAW 1
Telephone 666.4461
in the Petition which are 1 ) context , procedural , definitional and
text amendments to clarify and 2 ) substantive amendments .
3. That there are no amendments that pertain to one
specific parcel of land nor are there amendments to the zoning
boundaries of any Zoning District .
4. That the amendments are legislative and do not
specifically involve the owners or users of any specific property
or of the specific uses of any property.
5. That at the public hearing held before the Planning and
Zoning Commission there were no public comments or testimony or
evidence submitted on the Petition to amend objecting to the
amendments .
6. That the definition changes are, in large part,
clarifications to existing definitions or the addition of
definitions which the Planning and Zoning Commission believe to
be helpful in understanding and interpreting the Ordinances .
7. That one definitional change in "district or Zone" and
one substantive change in 11-2-407 C. , Official Schedule of
District Regulations Adopted , is the deletion of the Agricultural
zone; that this change is to reflect that the City does not now
have, nor did it since 1984 , have any land zoned Agricultural
although there are parcels that are used agriculturally but under
grandfather rights ; that agricultural uses are generally in
conflict with urban uses .
AMBROSE,
FITZGERALD 8. In the definition of Impact Area the language deleted
&CROOKSTON
Attorneys and from the definition improperly stated that the Area of Impact was
Counselors
P.O.Box 427
Meridian,Idaho FINDINGS OF FACT AND CONCLUSIONS OF LAW 2
83842
Telephone 11811-4401
governed by the zoning and development ordinances of the City; the
Impact Area, pursuant to Impact Area Agreements , is governed by
the Ordinances of Ada County.
9. That the change in 11-2-404 C and the addition thereto
is to reflect that the terms of the Commission are in fact six
years and to add to the Commission ' s powers the ability to appoint
a hearing officer to hear certain matters as allowed under the
Local Planning Act which the Commissions deems appropriate to
assist it in its duties . Likewise the ability to appoint hearing
officers by the City Council , as allowed under the Local Planning
Act, is deemed to be appropriate and of administrative efficiency.
10. That in numbers 6. and 7 . of the Petition to Amend, the
Planning and Zoning Commission finds that such matter would be
more economically and efficiently handled under the variance
procedures rather than the conditional use procedures .
11 . That there are several amendments to reflect that the
initial Zoning and Subdivision and Development Ordinances were
passed on April 2 , 1984, and that such date should be inserted to
reflect that that date is determinative of grandfather related
rights ; the Planning and Zoning Commission finds that such
amendment reflects the actual policy in existence.
12 . That the changes pertaining to the R-4 Residential
District, and the uses allowed therein , are amendments to more
stringently retain the residential nature and quality of
AMBROSE,
FITZGERALD
&CROOKSTON residential life in the single-family dwelling neighborhoods of
Attorneys and the City and to restrict the use of single-family dwellings to
Counselors
P.O.Box 427
Mi1dian,Idaho FINDINGS OF FACT AND CONCLUSIONS OF LAW 3
Telephone 666.4461
that' use only rather than business or commercial ventures which I
such uses are hereby found to be intrusions of incompatible non-
residential uses as presently prohibited under 11-2-408 B . 1 . , Low
Density Residential District .
13. That some of the amendments pertain to specific changes
which were ordered by the Fourth Judicial District Court regarding
the prior conditional use procedures of the City, specifically
pertaining to the applicant paying for cost of publication ,
attorney and engineering fees , granting a lien to secure payment
of the costs , making a statement that the use does not violate
covenants or deed restriction , and requiring the applicant to
obtain the consent of 75% of the property owners within 300 feet
of the applicant ' s property.
14 . That the Court mandated changes required the City to
make other changes , particularly in changing the responsibilities
of who gives notice and who mails the notices .
15 . That the fee schedule was required to be deleted and the
City Council authorized to set the fees by resolution in that new
fees need to be adopted to reflect that many of the costs of
processing some applications cannot now be passed on to the
applicant ; additionally it was necessary to state that if the
filing fees for applications were not paid that the City could
revoke the permit or use granted ; this is an enforcement device
AMBROSE, to insure that the reasonable fees of the City y are paid .
&CROOKSTON
16. That it is necessary to amend the illustrations for
Attorneys and
Coix"''or` fences to show the areas where utility accesses are to be located
F.O.Box 427
Maldlan,Ideho
$3412
Ti1ipAons°°84461 FINDINGS OF FACT AND CONCLUSIONS OF LAW 4
1
/0-N
and show sufficient area so the fence does not interfere with
access to the utility access .
17. That there have been problems with the location of
fences and it is necessary to provide guidance and standards for
the placement of those fences .
18. That additional governmental agencies have requested
copies of development applications and therefore the number of
copies required to be filed needed to be increased , and only 4
copies of conceptual engineering plans were necessary and
therefore a change was required .
19. That it is desireable for well planned subdivisions to
have the locations of street lights shown on the plans .
20. That the Meridian Transportation Committee has indicated
that 80 foot road rights-of-way are required for section line road
and therefore that requirement needed to be added to the
subdivision requirements .
21. The covenants of subdivisions are actually reviewed at
the Council level and the ordinances should reflect that .
22. That the City had in the past a requirement for tiling
or fencing ditches ; that for better safety it is found that tiling
of ditches will provide better safety and thus this requirement
is being added back into the Subdivision and Development
Ordinance.
23. That it is found that there have been occasions where
AMBROSE,
FITZGERALD
&CROOKSTON developers have not constructed improvements that were shown on
Attorneys and the plans ; that an enforcement and responsibility provision needed
Counselors
P.O.Box 427
Medd83642 les,IdahoFINDINGS OF FACT AND CONCLUSIONS OF LAW 5
Telephone 8911-4461
to be enacted to place responsibility on the owner and developer
to install and construct the planned improvements .
24 . That the City has been requiring irrigation systems to
be in-stalled in subdivisions to provide sprinkling water at
cheaper rates and to save City water; that this requirement has
worked in some cases but there has been objection to it; that an
alternate method to pressurized irrigation would be to have
developers construct or contribute to construction of new City
wells .
CONCLUSIONS OF LAW
1 . That the requirements of the Local Planning Act , Title
67 , Chapter 65, Idaho Code , including all notice and hearing
requirements have been met; that the Planning and Zoning
Commission has authority to recommend changes to the Zoning and
Subdivision and Development Ordinances .
2 . That the Application was initiated by the Planning and
Zoning Commission and not by any individual or private party.
3. That the Commission may take judicial or official notice
of existing conditions in the City, County and State, and of
governmental actions , policies and ordinances and of its own prior
findings in other land use Applications and those of the City
Council . .
AMBROSE 4 . : That the function of adopting and amending the Zoning
FITZGERALD
&CROOKSTON and Subdivision and Development Ordinances , is a legislative
Attorneys and
cew»ewre function mandated by the Local Planning Act itself. Burt vs . The
P.O.Box 427
Meridien,Idaho
B9442 FINDINGS OF FACT AND CONCLUSIONS OF LAW 6
Togft M en.4bt
1
City of Idaho Falls , 105 Idaho 65 , 665 P . 2d 107519
( 83 ) . That
even though this is a legislative function , the Local Planning Act
requires that the 'procedures of 67-6509 , Idaho Code, be met and
thus Findings of Fact and Conclusions have been made .
5. That the Application itself is concluded to meet the
requirements of the Local Planning Act .
6. That the Commission concludes that the facts presented
and the officially noticed facts , the Commission ' s knowledge of
how the City currently processes applications , the Court rulings ,
current conditions in the City, and the Findings of Fact are
sufficient and support amendments to the Zoning and Subdivision
and Development Ordinances .
7. That it is in the best interest of the City and its
citizens to amend the Zoning and Subdivision and Development
Ordinances as set forth in the Petition .
AMBROSE.
FITZGERALD
&CROOKSTON
Attorneys and
Counselor*
P.O.Box 427
Merdian,Idaho
63642 FINDINGS OF FACT AND CONCLUSIONS OF LAW 7
TaNphone N6-4461
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian Planning and Zoning Commission hereby adopts
and approves these Findings of Fact and Conclusions .
ROLL CALL :
Commissioner Hepper Voted
Commissioner Rountree Voted
Commissioner Shearer Voted
Commissioner Alidjani Voted
Chairman Johnson ( Tie Breaker ) Voted
RECOMMENDATION
The Meridian Planning and Zoning Commission hereby recommends
to the City Council that the Planning and Zoning Commission' s
proposed Amendments to the Meridian Zoning and Subdivision and
Development Ordinances should be approved and adopted .
MOTION :
APPROVED : DISAPPROVED:
AMBROSE,
FITZGERALD
&CROOKSTON
Attorneys and
Counselors
P.O.Box 427
"i"dae;2daho
FINDINGS OF FACT AND CONCLUSIONS OF LAW 8
Telephone 8964161
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City
of Meridian and the laws of the State of Idaho, that the Planning
and Zoning Commission of the City of Meridian will hold a public
hearing at the Meridian City Hall , 33 East Idaho Street, Meridian ,
Idaho, at the hour of 7 : 30 o ' clock p.m. , on July 9, 1991 , for the
purpose of reviewing and considering the Planning and Zoning
Commission ' s 1991 Petition to amend the Zoning Ordinance and the
Subdivision and Development Ordinance of the City of Meridian .
The proposed amendments are text amendments and no specific parcel
of property is involved although the amendments may effect
property within the city and the uses to which it may be put .
A summary of the proposed amendments states as follows , to-wit :
ZONING ORDINANCE
To amend 11-2-401 C, Jurisdiction , by replacing the
language "Commonly referred to as the Area of Impact" , with,
"Under the Area of Impact agreements between the City and Ada
County" .
2 . Amending 11-2-402 A, Intent and Purpose, by replacing
in the first sentence of the paragraph , "and impact zone" , and
replacing them with, "and land over which the City has
jurisdiction under the Area of Impact Agreements between the City
and Ada County" .
3. Amending 11-2-403 B, Definitions to add a new
definition , change the definition , or delete language from the
existing definition for the following words :
Applicant; Applications ; Automobile Wrecking Yard; Building,
existing; Cemetery; Certificate of Occupancy; Clinic
(Medical , Dental , Optical ) ; Convalescent or Nursing Home,
Rest Home; Court; Dairy Farm; District or Zone; Entertainment
Facilities (Commercial ) ; Fence; Fence, Open ; Lot, Flag lot;
Highway; Impact Area; Loading and Unloading Space, Off
Street; Manufacturing, Light; Mobile Home; Original Parcel
of Land; Ownership; Parking Area or Lot ( Public ) ;
Professional Offices; Seat; and Walkway.
4 . Amending 11-2-404 C, Commission-Planning and Zoning
Commission , such that the language for the term of commissioner
is changed from "not less than three ( 3) or more than six ( 6)
years" to "for terms of six ( 6) years" ; and further amending the
above section by adding : "Pursuant to Section 67-6520, Idaho
Code, the Commission may appoint hearing examiners for hear n�g
app ications for subdivision and variance permits , and requests
for zoning district boundary changes which are in accordance with
the plan , and conduct all business in accordance with Idaho Code,
Section 67-6520" .
AMBROSE, 5. Amending 11-2-404 D . , Council , 1 ) by the addition
FITZGERALD
BCROOKROOKSTON thereto of the following :
"c . Pursuant to Section 67-6520, Idaho Code, the council
Attorneys and
Counselors
P.O.Box427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
Meridian,Idaho OF THE CITY OF MERIDIAN --- PAGE 1
Telephone 888-4461
•
may appoint hearing examiners for hearing applications for
subdivision and variance permits , and requests for zoning
district boundary changes which are in accordance with the
plan , and conduct all business in accordance with Idaho Code,
Section 67-6520" .
"d . The council shall perform such other duties as set
forth herein " .
6. 11-2-405 C, Use and Bulk Regulations , changing the term
"conditional use" to "variance" .
7. 11-2-405 C. 2. Bulk , the phrase "conditional use" shall
be replaced with "variance" .
8. 11-2-406 B, Avoidance of Undue Hardship, and in 11-2-
406 C. , Single non-conforming lots of record, the language "or
amendment" shall be deleted and the date "April 2, 1984" inserted .
9. 11-2-407 B. 2 . d . , should be amended to read as follows ,
"to have narrower or smaller rear yards , front yards , side yards ,
or other open spaces; and" .
10. 11-2-407 C, Official Schedule of District Regulations
Adopted , the use group of "agricultural " shall be deleted .
11 . 11-2-408 B. , Zoning Districts 1 . , R-4 shall be amended
to add the following language "Only Single Family Dwellings and
public schools shall be permitted and no conditional uses shall
be permitted except for Planned Residential Developments .
12. 11-2-409, Zoning Schedule Of Use Control , shall be
amended to show that in the R-4 Residential District only single
family dwellings , planned residential developments and public
schools shall be allowed in that district; that the Residential ,
Commercial , and Industrial listings shall be amended to reflect
the above and that no conditional uses shall be allowed for other
uses.
13. 11-2-409, Commercial -Churches , should be amended so that
they are a permitted use in the Old Town District . Child Care
Centers shall be a conditional use in the C-G Zone, Under Bars ,
Alcoholic Establishments , they should be a conditional use in the
Old Town Zone.
14. 11-2-409, Zoning Schedule Of Use Control , C, Industrial ,
shall be amended to remove from the "Fabricated Metal Products
( Except Major Welding and Foundry Operations" the "Major Welding" .
15 . 11-2-410 A, Zoning Schedule of Bulk and Coverage
Controls , the A District and its associated requirements shall be
deleted , and the I under Districts shall be changed to I -L . Also,
an asterisk (*) shall be added under R-15, Minimum Yard Setback
Requirements from road right-of-way interior side so that the
street frontage is determined on the cul -de-sac lots at the
setback line, and a footnote ( 7 ) shall be added stating that "On
corner lots in Residential Districts , the rear set back may be
determined on a side of the structure, at the option of the
AMBROSE,
FTZGERALD builder" , and a ( 7 ) shall be added under Minimum Yard Set Back
&CROOKSTON Requirements under Rear Set Back in the R-4, R-8, R-15 and R-40
Attorneys and Districts; and the phrase "from Road Right-of-Way" shall be
Counselors
P.O.Box427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
Meridian,
8384Idaho2 OF THE CITY OF MERIDIAN --- PAGE 2
8384
Telephone 888-4481
• /•••••1
deleted from "Minimum Yard Setback Requirement from Road Right-
of-Way" .
16. 11-2-410 B . 4. , Architectural Projections, shall have
the word "chimney" added after the words "covered patios" and
before the word "and" .
17. 11-2-410 D. 1 . b . (4) , shall be changed to read as
follows , "The use shall be considered as a Commercial Use" .
18. 11-2-410 D. 1 . B . ( 5 ) , shall be changed to read as
follows , "Pay the fee of $80. 00" .
19. 11-2-410 D. 1 . B. ( 7 ) , shall be changed to remove the
"not" and replace it with "no" .
20. 11-2-411 D. shall be amended to add a new paragraph at
the end of the subsection which shall read as follows :
"All single-family (R-4, R-8, R-15) detached dwelling houses
which have multi -stories shall have a minimum of eight
hundred (800) square feet of living space on the ground
floor. "
21 . 11-2-413 C . 1 . , shall be repealed .
22 . 11-2-413 C. 11 . , shall be repealed .
23. 11-2-414 D. , Design Standards For Off Street Parking,
shall have added to it a 3. , which would state as follows :
"3. Drainage : A drainage plan designed by an architect
or an engineer shall be submitted and required for all
off street parking areas and shall be approved by the
City Engineer. "
Additionally 11-2-414 E . f. ( 1 ) shall be amended to change
the space requirement to read as follows : "One ( 1 ) space for every
ten ( 10) children plus one ( 1 ) space per staff member" .
24. 11-2-416 B, Initiation of Zoning Amendments , last
paragraph shall have the following deleted , "When a zoning
amendment and development request are issued simultaneously, the
procedure that shall be followed shall be that which is outlined
in Section 4, Title 9, Chapter 6, of the City Ordinances entitled
Subdivision Approval Procedure" .
25 . 11-2-416 C 17, shall be repealed .
26. 11-2-416 E, Procedures, 1 ) shall be amended to read as
follows :
"The applicant shall provide the City Clerk with the names
and addresses of property owners within 300 feet of the
external boundaries of the land being considered , and any
additional area that may be impacted by the said application ,
as determined by the commission and one week prior to the
hearing set pursuant to 11-2-416 E. 2. b . , post a copy of
said notice on the property under consideration and deliver
to the zoning administrator a sworn , notarized statement that
he has posted the property and the date the posting was
placed and that the list of property owners is correct . "
AMBROSE, 27 . 11-2-416 E. 2. , shall be amended as follows :
FITZGERALD
&CROOKSTON "The commission shall :
a. Give notice of the hearing, at least fifteen ( 15) days
Attorneys and
Counselors
P.O.Box427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
Meridian, OF THE CITY OF MERIDIAN --- PAGE 3
Telephone 888-4481
prior to the hearing, by certified mail , to property owners
within the land being considered and to owners within three
hundred ( 300) feet of the external boundaries of the land
being considered and any additional area that may be impacted
by said application as determined by the Commission . Said
notice, addressed to those entitled to notice and mailed by
certified mail , must be deposited with the United States Post
Office at least fifteen ( 15 ) days prior to the hearing. Said
notice shall contain a vicinity map of the property, a brief
statement of the nature of the application , the name and
address of the applicant . When notice is required to two
hundred (200) or more property owners or residents , in lieu
of the mail notification , notice of the proceeding and
hearing required hereby may be given by publishing the notice
for two ( 2 ) consecutive weeks in the official newspaper of
the City of Meridian .
b . Prior to recommending an application , conduct at least
one ( 1 ) public hearing in which interested persons shall have
an opportunity to be heard . At least fifteen ( 15) days prior
to the hearing, notice of the time and place and a summary
of the application to be discussed shall be published in the
official newspaper or paper of general circulation within the
City of Meridian .
c . Within forty-five (45 ) days from the hearing, transmit
its recommendation to the Council with supportive reasons .
The Commission may, however, continue the matter from meeting
to meeting if it finds that it does not have sufficient
information to make a decision . The Commission shall
recommend that the application be approved , approved with
conditions or denied . The Commission shall insure that any
approval or approval with conditions of an application shall
be in accordance with the Comprehensive Plan , this Ordinance
and State law.
d . Maintain a record of the hearing, findings made and
actions taken . "
28. 11-2-416 F. 1 . , shall be amended such that it reads as
follows :
"Hearing, The Council shall conduct at least one ( 1 ) public
hearing following the notice and requirements contained in 11-2-
416 E . 2. , and the Council having given notice as required by 11-
2-416 E . 2. a. by ordinary first call mail .
29. 11-2-417, shall be amended by deleting from the second
paragraph of that section the following language, "And a statement
of the owner granting to the City a lien against the property to
secure the payment of all costs incurred by the City, including
engineering, publication and attorney costs and fees . "
30. 11-2-418 B. , shall be amended by the deletion in the
AMBROSE, second sentence of thehrase "or lessee" .
FITZGERALD p
&CROOKSTON 31 . 11-2-418 B . 12 . , 14. , 15 . and 18. shall be repealed .
32 . 11-2-419 B 22, shall be repealed .
Attorneys and
Counselors
P.O.Box 427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
Meridian,Idaho
83842 OF THE CITY OF MERIDIAN --- PAGE 4
Telephone 888-4461
• P
33. 11-2-422 A. shall be repealed and re-enacted to read as
follows :
A petitioner or applicant for a zoning or planning matter
shall pay, when filing an application or requesting a permit,
the fees set by the city council by resolution for the
particular application , permit or matter. No petition or
application , except as hereafter provided , shall be accepted
by the City unless accompanied by the required filing fee. "
34. 11-2-422 E. , shall be amended by the deletion of
everything in the section , except the following language, " If all
fees are not paid , the City may revoke any zoning permit,
conditional use permit, accessory use permit, variance, occupancy
permit, zoning certificate initially given the applicant , and in
the case of an annexation procedure, the City may de-annex said
property" .
35 . 11-2-424 Appendix A2 . , on the Fence Regulation , the
drawings shall show the dimensions around utility accesses to be
4 ' x 4 ' and references to "open chain link fence" shall be amended
to "open fence" .
SUBDIVISION AND DEVELOPMENT ORDINANCE
36. 11604 C, Requirements of Preliminary Plats 6. m. ,
shall be amended to read as follows , "Any proposed or existing
utilities, including, but not limited to, storm and sanitary
sewers , irrigation laterals , ditches , drainages , bridges ,
culverts , water mains, fire hydrants , street lights , and their
respective profiles" .
37. 11-9-604 C. 4. c . shall be repealed and d . of that
section shall be re-lettered to c .
38. 11-9-604 C. 5. a. , b . and c. shall be amended to delete
the "twenty-seven (27 ) " copies and insert "thirty ( 30) " copies .
39 . 11-9-604 C. 5. d . shall be amended to delete the "seven
( 7 ) sets of conceptual engineering plans" and insert "four (4 )
sets of conceptual engineering plans" .
40. 11-9-604 C. 6. , Requirements of Preliminary Plats , m. ,
shall be amended to read as follows :
"Any proposed or existing utilities , including, but not
limited to, storm and sanitary sewers , irrigation laterals ,
ditches, drainages, bridges , culverts , water mains , fire
hydrants , street lights , and their respective profiles . "
41 . 11-9-604 H. 1 . a. shall be amended to delete twenty-
seven ( 27 ) and insert four (4 ) .
42. 11-9-605 B. 3. a. shall be amended to add to that
portion of the Highway and Street types under Major Arterial ,
"Section Line Roads" so that they are required to have 80 feet of
right-of-way.
AMBROSE, 43. 11-9-605 I . , second paragraph , first sentence, shall be
FITZGERALD amended to delete "Commission" and insert "Council " .
&CROOKSTON 44. 11-9-605 J. Fences , shall be amended to add a new
Attorneys and subsection which shall be lettered k . and which shall read as
Counselors
Box 427
Meridian,Idaho 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
83642 OF THE CITY OF MERIDIAN --- PAGE 5
Telephone 888-4481
follows :
"11-9-605 J. 7. k . Any developer intending to construct a
fence on top of a berm shall show the berm and the fence on the
preliminary plat and shall include with the preliminary plat the
design, placement, heights , specifications , and drawing of said
fence. "
45. 11-9-605 J. shall have a new paragraph numbered 11-9-
605 J. 8. which would read as follows :
"11-9-605 J. 8. Any developer intending to construct a
boundary fence on the boundaries of a proposed subdivision
shall show the fence on the preliminary plat and shall
include with the preliminary plat the design, placement,
height, specifications, and drawing of said fence. "
46. 11-9-605 J. 10. a. 12 shall be deleted .
47. 11-9-605 L . , shall be added relating to Piping Of
Ditches , which would read as follows :
"Tiling of irrigation ditches , laterals or canals . All
irrigation ditches , lateral or canals , exclusive of natural
waterways , intersecting, crossing or lying adjacent and
contiguous to an area being subdivided shall be covered and
enclosed with tiling or other covering equivalent in ability
to detour access to said ditch , lateral or canal , or any part
of said lands or areas being subdivided which touch either
or both sides of said ditch, lateral or canal . The City may
waive this requirement for covering such ditch , lateral or
canal , if it finds that the public purpose requiring such
will not be served in the individual case. Any covering
program involving the distribution system of any irrigation
district shall have the prior approval of that affected
district . No subdivision plat shall be approved where the
subdivision is arbitrarily or artificially laid out to avoid
being adjacent to any irrigation ditch , lateral or canal to
which it would otherwise be naturally adjacent or which it
would otherwise naturally include. "
48. 11-9-606 A. , Responsibility For Plans , shall be amended
such that the existing paragraph is designated as paragraph 1 . and
a new paragraph added designated as 2. which shall read as
follows :
" It shall be the responsibility and liability of the
subdivider and owner of every subdivision to construct and
install every improvement shown on the plat of the
subdivision or represented to be included in the subdivision
at any presentation before the Planning and Zoning Commission
or the City Council and this responsibility and liability
shall run with the land and this responsibility and liability
shall be shown on the plat of the subdivision . "
AMBROSE, 49. 11-9-606 B . 13. shall be amended to add a new paragraph
FITZGERALD number 13. c . , which shall read as follows , "c . Every subdivider
&CROOKSTON shall show on his development plan where each street light is to
be placed in the subdivision " .
Attorneys and
Counselors
P.O.tion 427
Meridian,Idaho 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
83842 OF THE CITY OF MERIDIAN --- PAGE 6
Telephone 888-4461
•
50. 11-9-606 B. 14. shall be amended by the addition of the
following language at the end of the existing paragraph :
"Also, the above requirement may be waived if the
subdivider gives and grants sufficient funds to the
City, in an amount that would be sufficient to purchase
land, construct and drill a well , and purchase all
necessary equipment , to put a well on line with the City
water system to service only the subdivider ' s
subdivision . The City may then hold such funds and
combine them with similar grants and gifts from other
subdividers and the City may then drill a well and
supply the necessary equipment to drill and construct
and put on line a larger well than the individual
subdivider would have put on line which City well is
capable of servicing the subdivisions owned by the
subdividers from which the grant and gift of funds was
obtained . "
51 . 11-9-615 A. 1 . should be deleted and a new section 11-
9-615 A. 1 . should be adopted which should read as follows :
"11-9-615 A. 1 . A Petitioner or applicant for any of the
subdivision or application matters in this Title shall pay
the fees established by the City Council , by resolution . No
petition or application , except as except as hereafter
provided , shall be accepted by the City unless accompanied
by the required filing fee. "
52 . 11-9-617 A. 3. , there shall be a drawing added showing
the sight triangles for fences .
DATED this day of . . , e, 1.991 .
4.
JACK N, 'ITY CLERK
CITY OF MERID AN
AMBROSE,
FITZGERALD
&CROOKSTON
Attorneys and
Counselors
P.O.Box427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
Meridian, o OF THE CITY OF MERIDIAN --- PAGE 7
Telephone 888-4461
' MERIDIAN PLANNING & ZONING
JULY 9, 1991
PAGE #17
Hagon: Is this a whole zoning change?
Clerk Niemann: No, this is just for this specific piece of property.
Hagon: This complex will upgrade the neighborhood.
Johnson: Anyone else to testify?
Mark Burnham, 42 E. King, was sworn by the attorney.
Burnham: I hope the members of the Commission will grant the variance to Mr. Hepper.
We aren't going to stand in the way of progress at all. Our only request is that
Mr. Hepper save all of those trees. I think this project will really be an asset
to our community.
Johnson: Anyone else to testify? Hearing no response I will close the Public Hearing.
The Motion was made by Rountree and seconded by Alidjani to amend the Findings of
Facts and Conclusions of Law to allow the variance for not paving the alley and not
doing the street curb, gutter and sidewalk improvements as indicated by ACHD requirements.
Roll Call Vote: Alidjani - Yea; Shearer - Yea; Shearer - Yea; Rountree - Yea:
Motion Carried: All Yea:
The Motion was made by Rountree and seconded by Shearer that the Meridian Planning
and Zoning Commission recommends to the City Council that they approve the Conditional
Use Permit for Multi-Family Dwelling by Hepper Homes.
Motion Carried: All Yea:
ITEM #3: PUBLIC HEARING: PROPOSED AMENDMENTS TO THE ZONING & DEVELOPMENT ORDINANCE:
Johnson: I will now open the Public Hearing, is there anyone present to testify?
Hearing no response I will close the Public Hearing.
Discussion Held: (TAPE ON FILE)
The Motion was made by Rountree and seconded by Alidjani to have the Findings of Fact
and Conclusions of Law prepared.
Motion Carried: All Yea:
The Motion was made by Shearer and seconded by Rountree to adjourn at 9:20 P.M. :
Motion Carried: All Yea:
(TAPE ON FILE OF THESE PROCEEDINGS)
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City
of Meridian and the laws of the State of Idaho, that the Planning
and Zoning Commission of the City of Meridian will hold a public
hearing at the Meridian City Hall , 33 East Idaho Street, Meridian ,
Idaho, at the hour of 7 : 30 o ' clock p.m. , on July 9, 1991 , for the
purpose of reviewing and considering the Planning and Zoning
Commission ' s 1991 Petition to amend the Zoning Ordinance and the
Subdivision and Development Ordinance of the City of Meridian .
The proposed amendments are text amendments and no specific parcel
of property is involved although the amendments may effect
property within the city and the uses to which it may be put .
A summary of the proposed amendments states as follows , to-wit :
ZONING ORDINANCE
1 . To amend 11-2-401 C, Jurisdiction , by replacing the
language "Commonly referred to as the Area of Impact" , and it
with, "Under the Area of Impact agreements between the City and
Ada County" .
2. Amending 11-2-402 A, Intent and Purpose, by replacing
in the first sentence of the paragraph , "and impact zone" , and
replacing them wit, "and land over which the City has jurisdiction
under the Area of Impact Agreements between the City and Ada
County" .
3. Amending 11-2-403 B, Definitions to add a new
definition , change the definition , or delete language from the
existing definition for the following words :
Applicant; Applications ; Automobile Wrecking Yard ; Building,
existing; Cemetery; Certificate of Occupancy; Clinic
(Medical , Dental , Optical ) ; Convalescent or Nursing Home,
Rest Home; Court; Dairy Farm; District or Zone; Entertainment
Facilities (Commercial ) ; Fence; Fence, Open ; Lot, Flag lot;
Highway; Impact Area; Loading and Unloading Space, Off
Street; Manufacturing, Light; Mobile Home; Original Parcel
of Land; Ownership; Parking Area or Lot ( Public ) ;
Professional Offices; Seat; and Walkway.
4. Amending 11-2-404 C, Commission-Planning and Zoning
Commission, such that the language for the term of commissioner
is changed from "not less than three ( 3) or more than six ( 6)
years" to "for terms of six ( 6) years" ; and further amending the
above section by adding : "Pursuant to Section 67-6520, Idaho
Code, the Commission may appoint hearing examiners for hear ni g
AMBROSE, app ications for subdivision and variance permits , and requests
FITZGERALD f o r zoning
&CROOKSTON district boundary changes which are in accordance with
Attorneys and
Counselors 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
P.O.Box 427 OF THE CITY OF MERIDIAN --- PAGE 1
Meridian,Idaho
83842
Telephone 8884481
I!
ll
DATED this)' ) day of June , 1991 .
CITY tF MERID AN
AMBROSE,
FITZGERALD
&CROOKSTON
Attorneys and
Counselors
P.O.Box427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
Merld83642 IaIdaho OF THE CITY OF MERIDIAN --- PAGE 9
Telephone 888-4461
-fit'
/'•
1991 PETITION TO AMEND THE ZONING ORDINANCE AND
THE SUBDIVISION AND DEVELOPMENT ORDINANCE
OF THE CITY OF MERIDIAN
4
COMES'; NOW, the Planning and Zoning Commission of the City
of Meridian"'and hereby submits to itself and the City Council of
the City of Meridian the following proposals to amend the Zoning
and Subdivision and Development Ordinances of the City of
Meridian: to-wit
ZONING ORDINANCE
1 . To amend 11-2-401 C . , Jurisdiction , deleting the last
phrase in" the paragraph which reads , "Commonly referred to as the
Area of Impact" , and replacing it with the following language ,
"Under the Area of Impact agreements between the City and Ada
County" .
2 . Amending 11-2-402 A . , Intent and Purpose, by deleting
the last three words in the first sentence of the paragraph which
read , "and impact zone" , and replacing them with the following
language, "and land over which the City has jurisdiction under the
Area of Impact Agreements between the City and Ada County" .
3. Amending 11-2-403 B . , Definitions as follows for the
following words , to wit :
Applicant , by adding to the definition , "Applicant also
includes any person submitting a request for rezone,
conditional use, accessory use , annexation , or request to be
allowed to make any application authorized under this
ordinance" .
Applications , to substitute a comma in the third line
of the definition after the word plats for the period
that presently exists there .
Automobile Wrecking Yard , to replace the sixty ( 60) day
requirement with thirty ( 30) days .
Building, existing, adding to the definition the following
language at the end, " as of the effective date of this
ordinance ' s initial adoption on April 2 , 1984 .
Cemetery, deleting the fourth word in the second line
AMBROSE, of the definition , which is , "cemetery" , and
FITZGERALD substituting the word " internment" .
&CROOKSTON
Attorneys and
Counselors
p.o.Box.27 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
Meridian,Idaho OF THE CITY OF MERIDIAN --- PAGE 1
83842
Telephone 888-4481
/'t•
Certificate of .Occupancy , in the third line changing the
language which now reads as follows , "has been changed , the
purpose for which the building was constructed or was changed
is being" , to the following language, "has been changed , the
purpose for which the building was constructed or changed is
capable of being" .
Clinic ( Medical , Dental , Optical ) , changing the definition
to read as follows , "A building ( other than a hospital ) used
by one ( 1 ) or more health care practitioners for the purpose
of care, diagnosis or treatment of sick , ailing , infirm, or
injured patients , or those who are in need of medical and
surgical attention , but which building does not provide
board , room or regular hospital care and services . "
Commercial Use or Business , changing the definition to read
as follows , "The purchase , sale or other transaction
involving the handling or disposition of any article ,
substance or commodity, or the dispensing of services for
livelihood or profit; ownership or management of office
buildings , offices for recreational , entertainment or
amusement enterprises or the maintenance and use of offices
by professions and trades rendering services is included in
this definition . "
Convalescent or Nursing Home , Rest Home, changing the
definition to read as follows , "Any home, place or
institution which operates or maintains facilities providing
convalescent , or chronic care, or both , for a period in
excess of twenty-four ( 24 ) consecutive hours for two ( 2 ) or
more patients not related by blood or marriage to the
operator , and said patients , who by reason of illness or
infirmity, are unable to properly care for themselves .
Court, deleting from the definition , " located above grade
level " .
Dairy Farm, delete the last clause of the definition which
reads as follows , and where the milking area is subject to
the approval of the Idaho State Department of Health .
District or Zone , in the third line of the definition
delete the sentence that reads as follows , "The letter
(A) shall represent the Agricultural District" .
Entertainment Facilities ( Commercial ) , changing the
definition to read as follows , "Any structure housing any
AMBROSE, "for profit" activity, which is generally related to the
FITZGERALD 04`
dCROOKSTON entertainment field , such as motion picture theaters ,
• taverns , night clubs , cocktail lounges , bowling allies , and
Attomeys and
Counselors
F.O.Box 427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
Meridian,Idaho OF THE CITY OF MERIDIAN --- PAGE 2
83612
Telephone 888-4181
*MY'
similar entertainment activities . "
Lot , Flag lot , adding this definition between Lot , Double
Frontage and Lot , Frontage , and the definition to read as
follows , "A lot in the shape of a flag on a pole or similar
• design" . A flag lot shall have a minimum frontage of thirty
( 30) feet on a public street and a structure placed on a flag
•
lot shall have the house facing the street frontage .
Highway, deleting the definition presently stated and
inserting the following definition , "means the entire width
between the boundary lines of every way publicly maintained
when any part is open to the use of the public for vehicular
traffic , with jurisdiction extending to the adjacent property
line, including sidewalks, shoulders , berms , and rights-of-
waynot intended for motorized traffic . The term ' street '
is interchangeable with highway. "
Impact Area , deleting from the definition the last
sentence, which reads as follows , " that area shall be
governed by the ordinances of the City of Meridian
pertaining to zoning and development" .
Loading and Unloading Space , Off Street , changing the " and"
in the second to the last word of the definition to "or" .
Manufacturing , Heavy, in the third line adding a comma
after the word "character" .
Manufacturing , Light, in the fourth line of said definition
deleting the semi -colon between the two words "structures" ,
Ari and •"#and" , and inserting a comma .
Mobile Home, deleting the sentence "Amended Ordinance 207" .
Original Parcel of Land , adding at the end of the
definition the following , " , April 2 , 1984" .
Ownership , changing the definition to read as follows , "The
individual , firm, association , syndicate, partnership or
corporation who has title Of property" .
Parking Area or Lot ( Public ) , in the third line changing
the "and" between automobiles and commercial , to "or" .
Professional Offices , deleting the definition and
substituting the following , "structures where those engaged
AMBROSE, in a profession conduct their business and activity" .
FITZGERALD
acRoolcsT°" Seat, adding to the definition the insertion of the
Attorneys and
Counselors
P.O.Box 427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
Meridian,Idaho OF THE CITY OF MERIDIAN --- PAGE 3
83812
Telephone 888-4461
1
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City
of Meridian and the laws of the State of Idaho, that the Planning
and Zoning Commission of the City of Meridian will hold a public
hearing at the Meridian City Hall , 33 East Idaho Street, Meridian ,
Idaho, at the hour of 7 : 30 o ' clock p.m. , on July 9 , 1991 , for the
purpose of reviewing and considering the Planning and Zoning
Commission ' s 1991 Petition to amend the Zoning Ordinance and the
Subdivision and Development Ordinance of the City of Meridian .
The proposed amendments are text amendments and no specific parcel
of property is involved although the amendments may effect
property within the city and the uses to which it may be put .
A summary of the proposed amendments states as follows , to-wit :
ZONING ORDINANCE
1 . To amend 11-2-401 C, Jurisdiction , by replacing the
language "Commonly referred to as the Area of Impact" , and it
with, "Under the Area of Impact agreements between the City and
Ada County" .
2 . Amending 11-2-402 A, Intent and Purpose, by replacing
in the first sentence of the paragraph , "and impact zone" , and
replacing them wit , "and land over which the City has jurisdiction
under the Area of Impact Agreements between the City and Ada
County" .
3 . Amending 11-2-403 B, Definitions to add a new
definition , change the definition , or delete language from the
existing definition for the following words :
Applicant ; Applications; Automobile Wrecking Yard; Building,
existing; Cemetery; Certificate of Occupancy; Clinic
(Medical , Dental , Optical ) ; Convalescent or Nursing Home,
Rest Home; Court; Dairy Farm; District or Zone; Entertainment
Facilities (Commercial ) ; Fence; Fence, Open ; Lot, Flag lot;
Highway; Impact Area; Loading and Unloading Space, Off
Street; Manufacturing, Light; Mobile Home; Original Parcel
of Land ; Ownership; Parking Area or Lot ( Public ) ;
Professional Offices; Seat; and Walkway.
4 . Amending 11-2-404 C, Commission-Planning and Zoning
Commission, such that the language for the term of commissioner
is changed from "not less than three ( 3) or more than six ( 6)
years" to "for terms of six ( 6) years " ; and further amending the
above section by adding : "Pursuant to Section 67-6520, Idaho
Code, the Commission may appoint hearing examiners for heirni g
AMBROSE, app ications for subdivision and variance permits , and requests
FITZGERALD f o r zoning
&CROOKSTON district boundary changes which are in accordance with
Attorneys and
Counselors 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
P.O.Box427 OF THE CITY OF MERIDIAN --- PAGE 1
Meridian,Idaho
83842
Telephone 888-4461
the plan , and conduct all business in accordance with Idaho Code,
Section 67-6520" .
5 . Amending 11-2-404 D . , Council , 1 ) by the addition
thereto of the following :
"c . Pursuant to Section 67-6520, Idaho Code, the council
may appoint hearing examiners for hearing applications for
subdivision and variance permits , and requests for zoning
district boundary changes which are in accordance with the
plan, and conduct all business in accordance with Idaho Code,
Section 67-6520" .
"d . The council shall perform such other duties as set
forth herein" .
6. 11-2-405 C, Use and Bulk Regulations , changing the term
"conditional use" to "variance" .
7. 11-2-405 C. 2 . Bulk , the phrase "conditional use" shall
be replaced with "variance" .
8. 11-2-406 B, Avoidance of Undue Hardship, and in 11-2-
406 C. , Single non-conforming lots of record , line the language
"or amendment" shall be deleted and the date "April 2 , 1984"
inserted .
9. 11-2-407 B. 2 . d . , should be amended to read as follows ,
" to have narrower or smaller rear yards , front yards , side yards ,
or other open spaces; and" .
10. 11-2-407 C, Official Schedule of District Regulations
Adopted , the use group of "agricultural " shall be deleted .
11 . 11-2-408 B . , Zoning Districts 1 . , R-4 shall be amended
to add the following language "Only Single Family Dwellings and
public schools shall be permitted and no conditional uses shall
be permitted except for Planned Residential Developments .
12 . 11-2-409 , Zoning Schedule Of Use Control , shall be
amended to show that in the R-4 Residential District only single
family dwellings , planned residential developments and public
schools shall be allowed in that district ; that the Residential ,
Commercial , and Industrial listings shall be amended to reflect
the above and that no conditional uses shall be allowed for other
uses .
AMBROSE, 13. 11-2-409, Commercial -Churches , should be amended so that
FITZGERALD they are a permitted use in the Old Town District . Child Care
&CROOKSTON Centers shall be a conditional use in the C-G Zone. Under Bars ,
Attorneys and
Counselors 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
Box 427
Meridian,Idaho OF THE CITY OF MERIDIAN --- PAGE- 2
83842
Telephone 888-4481
Alcoholic Establishments , they should be a conditional use in the
Old Town Zone .
14 . 11-2-409, Zoning Schedule Of Use Control , C, Industrial ,
shall be amended to remove from the "Fabricated Metal Products
( Except Major Welding and Foundry Operations" the "Major Welding" .
15. 11-2-410 A, Zoning Schedule of Bulk and Coverage
Controls , the A District and its associated requirements shall be
deleted , and the I under Districts shall be changed to I-L . Also,
an asterisk (*) shall be added under R-15, Minimum Yard Setback
Requirements from road right-of-way interior side so that the
street frontage is determined on the cul -de-sac lots at the
setback line, and a footnote ( 7 ) shall be added stating that "On
corner lots in Residential Districts , the rear set back may be
determined on a side of the structure, at the option of the
builder" , and a ( 7 ) shall be added under Minimum Yard Set Back
Requirements under Rear Set Back in the R-4, R-8, R-15 and R-40
Districts ; and the phrase "from Road Right-of-Way" shall be
deleted from "Minimum Yard Setback Requirement from Road Right-
of-Way" .
16. 11-2-410 B . 4. , Architectural Projections, shall have
the word "chimney" added after the words "covered patios" and
before the word "and" .
17. 11-2-410 D. 1 . b . (4 ) , shall be changed to read as
follows , "The use shall be considered as a Commercial Use" .
18. 11-2-410 D. 1 . B . (5 ) , shall be changed to read as
follows , "Pay the fee of $80. 00" .
19. 11-2-410 D. 1 . B. (7 ) , shall be changed remove the "not '
and replace it with "no" .
20. 11-2-411 D. shall be amended to add a new paragraph at
the end of the subsection which shall read as follows :
"All single-family (R-4 , R-8, R-15) detached dwelling houses
which have multi -stories shall have a minimum of eight
hundred (800) square feet of living space on the ground
floor. "
21 . 11-2-413 C. 1 . , shall be repealed .
22 . 11-2-413 C. 11 . , shall be repealed .
AMBROSE, 23. 11-2-414 D . , Design Standards For Off Street Parking,
FITZGERALD
8 CROOKROOKSTON shall have added to it a 3 . , which would state as follows :
Attorneys and
Counselors
P.O.Box 427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
Meridian,ZIdaho OF THE CITY OF MERIDIAN --- PAGE 3
Telephone 888-4461
"3. Drainage : A drainage plan designed by an architect
or an engineer shall be submitted and required for all
off street parking areas and shall be approved by the
City Engineer. "
Also, in that section 11-2-414 D. , some requirement for
parking space requirements for schools shall be added , and review
the number of parking spaces required for a nursery and day care
centers relating to the number of children and staff.
24 . 11-2-416 B, Initiation of Zoning Amendments , last
paragraph shall have the following deleted , "When a zoning
amendment and development request are issued simultaneously, the
procedure that shall be followed shall be that which is outlined
in Section 4, Title 9, Chapter 6, of the City Ordinances entitled
Subdivision Approval Procedure" .
25 . 11-2-416 C 17, shall be repealed .
26. 11-2-416 E, Procedures , 1 ) shall be amended to read as
follows :
"The applicant shall provide the City Clerk with the names
and addresses of property owners within 300 feet of the
external boundaries of the land being considered , and any
additional area that may be impacted by the said application ,
as determined by the commission and one week prior to the
hearing set pursuant to 11-2-416 E . 2. b . , post a copy of
said notice on the property under consideration and deliver
to the zoning administrator a sworn , notarized statement that
he has posted the property and the date the posting was
placed and that the list of property owners is correct . "
27 . 11-2-416 E . 2. , shall be amended as follows :
"The commission shall :
a. Give notice of the hearing, at least fifteen ( 15) days
prior to the hearing, by certified mail , to property owners
within the land being considered and to owners within three
hundred ( 300) feet of the external boundaries of the land
being considered and any additional area that may be impacted
by said application as determined by the Commission . Said
notice, addressed to those entitled to notice and mailed by
certified mail , must be deposited with the United States Post
Office at least fifteen ( 15) days prior to the hearing. Said
notice shall contain a vicinity map of the property, a brief
AMBROSE, statement of the nature of the application , the name and
FITZGERALD
BCROOKSTON address of two
hundred ( 200) Bora more property icant . enoticen
residents ,ownersortored
inlieu
Attorneys and
Counselors
P.O.Box 427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
Merid83642 ian,Idaho OF TME CITY OF MERIDIAN --- PAGE 4
Telephone 888-4481
of the mail notification , notice of the proceeding and
hearing required hereby may be given by publishing the notice
for two (2 ) consecutive weeks in the official newspaper of
the City of Meridian .
b . Prior to recommending an application , conduct at least
one ( 1 ) public hearing in which interested persons shall have
an opportunity to be heard . At least fifteen ( 15) days prior
to the hearing, notice of the time and place and a summary
of the application to be discussed shall be published in the
official newspaper or paper of general circulation within the
City of Meridian .
c . Within forty-five (45 ) days from the hearing, transmit
its recommendation to the Council with supportive reasons.
The Commission may, however, continue the matter from meeting
to meeting if it finds that it does not have sufficient
information to make a decision . The Commission shall
recommend that the application be approved , approved with
conditions or denied . The Commission shall insure that any
approval or approval with conditions of an application shall
be in accordance with the Comprehensive Plan , this Ordinance
and State law.
d . Maintain a record of the hearing, findings made and
actions taken . "
28. 11-2-416 F. 1 . , shall be amended such that it reads as
follows :
"Hearing, The Council shall conduct at least one ( 1 ) public
hearing following the notice and requirements contained in 11-2-
416 E. 2. , and the Council having given notice as required by 11-
2-416 E . 2. a. by ordinary first call mail .
29. 11-2-417, shall be amended by deleting from the second
paragraph of that section the following language, "And a statement
of the owner granting to the City a lien against the property to
secure the payment of all costs incurred by the City, including
engineering, publication and attorney costs and fees. "
30. 11-2-418 B. , shall be amended by the deletion in the
second sentence of the phrase "or lessee" .
31 . 11-2-418 B . 12. , 14 . , 15. and 18. shall be repealed .
32. 11-2-419 B 22, shall be repealed .
AMBROSE,
FITZGERALD 33. 11-2-422 A. shall be repealed and re-enacted to read as
&CROOKSTON follows :
Attorneys and
Counselors
p.o.Box az7 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
Meridian,Idaho OF THE CITY OF MERIDIAN --- PAGE 5
83642
Telephone 888-4481
i
" A petitioner or applicant for a zoning or planning matter
shall pay, when filing an application or requesting a permit,
the fees set by the city council by resolution for the
particular application , permit or matter. No petition or
application , except as hereafter provided , shall be accepted
by the City unless accompanied by the required filing fee. "
34. 11-2-422 E. , shall be amended by the deletion of
everything in the section , except the following language, " If all
fees are not paid , the City may revoke any zoning permit,
conditional use permit, accessory use permit , variance, occupancy
permit, zoning certificate initially given the applicant , and in
the case of an annexation procedure, the City may de-annex said
property" .
35. 11-2-424 Appendix A2. , on the Fence Regulation , the
drawings shall show the dimensions around utility accesses to be
4 ' x 4 ' and references to "open chain link fence" shall be amended
to "open fence" .
SUBDIVISION AND DEVELOPMENT ORDINANCE
36. 11-9-604 C, Requirements of Preliminary Plats 6. m. ,
shall be amended to read as follows , "Any proposed or existing
utilities , including, but not limited to, storm and sanitary
sewers , irrigation laterals , ditches , drainages , bridges ,
culverts , water mains , fire hydrants , street lights, and their
respective profiles" .
37 . 11-9-604 C. 4. c . shall be repealed and d . of that
section shall be re-lettered to c .
38. 11-9-604 C. 5 . a . , b . and c. shall be amended to delete
the "twenty-seven (27 ) " copies and insert "thirty ( 30) " copies .
39. 11-9-604 C . 5. d . shall be amended to delete the "seven
( 7 ) sets of conceptual engineering plans" and insert "four (4 )
sets of conceptual engineering plans" .
40. 11-9-604 C. 6. , Requirements of Preliminary Plats , m. ,
shall be amended to read as follows :
"Any proposed or existing utilities, including, but not
limited to, storm and sanitary sewers , irrigation laterals ,
ditches , drainages , bridges , culverts , water mains, fire
hydrants , street lights , and their respective profiles . "
AMBROSE, 41 . 11-9-604 H. 1 . a. shall be amended to delete twenty-
FITZGERALD seven ( 27) and insert four (4 ) .
&CROOKSTON
Attorneys and
Counselors
1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
p.O.Box da7
Meridian,Idaho OF THE CITY OF MERIDIAN --- PAGE 6
83842
Telephone 888-4481
1
42 . 11-9-605 B. 3. a . shall be amended to add to that
portion of the Highway and Street types under Major Arterial ,
"Section Line Roads " so that they are required to have 80 feet of
right-of-way.
43. 11-9-605 I . , second paragraph , first sentence, shall be
amended to delete "Commission " and insert "Council " .
44. 11-9-605 J . Fences , shall be amended to add a new
subsection which shall be lettered k . and which shall read as
follows :
"11-9-605 J . 7. k . Any developer intending to construct a
fence on top of a berm shall show the berm and the fence on the
preliminary plat and shall include with the preliminary plat the
design, placement, heights , specifications , and drawing of said
fence. "
45 . 11-9-605 J . shall have a new paragraph numbered 11-9-
605 J . 8. which would read as follows :
" 11-9-605 J . 8. Any developer intending to construct a
boundary fence on the boundaries of a proposed subdivision
shall show the fence on the preliminary plat and shall
include with the preliminary plat the design, placement ,
height, specifications, and drawing of said fence. "
46. 11-9-605 J. 10. a . 12 shall be deleted .
47. 11-9-605 L . , shall be added relating to Piping Of
Ditches , which would read as follows :
"Tiling of irrigation ditches , laterals or canals . All
irrigation ditches , lateral or canals , exclusive of natural
waterways , intersecting, crossing or lying adjacent and
contiguous to an area being subdivided shall be covered and
enclosed with tiling or other covering equivalent in ability
to detour access to said ditch , lateral or canal , or any part
of said lands or areas being subdivided touch either or both
sides of said ditch , lateral or canal . The City may waive
this requirement for covering such ditch , lateral or canal ,
if it finds that the public purpose requiring such will not
be served in the individual case. Any covering program
involving the distribution system of any irrigation district
shall have the prior approval of that affected district . No
subdivision plat shall be approved where the subdivision is
arbitrarily or artificially laid out to avoid being adjacent
AMBROSE, to any irrigation ditch , lateral or canal to which it would
FITZGERALD
BCROOKSTON otherwise be naturally adjacent or which it would otherwise
naturally include . "
Attorneys and
Counselors
P.O.Box427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
Merid83642 iaIdaho OF THE CITY OF MERIDIAN --- PAGE 7
Telephone 888-4481
•
following sentence right after seat, " the place at , or
the thing on , which one sits " .
Walkway, deleting from the definition the following
language , "five ( 5 ) feet or more in width" .
•
4 . . Amending 11-2-404 C . , Commission-Planning and Zoning
Commission, such that it reads as follows :
"The Commission shall consist of five ( 5 ) voting members .
They shall be appointed by the mayor and confirmed by
majority vote of the council for terms of six ( 6) years . An
appointed member of the commission must have resided in the
county for five ( 5 ) years and in the city for one ( 1 ) year
prior to his appointment , and must remain a resident of the
city during his service on the commission. Except that at
least one ( 1 ) but not more than two ( 2 ) members may he
• appointed from residents of the City Impact Area , outside the
corporate limits . Such members shall have similar residence
requirements as those within the City, except that they need
not have resided in the City for one ( 1 ) year . Members of
the Commission shall be selected without respect to political
affiliations and shall serve without compensation . Members
may be removed for cause by a majority vote of the council . "
And additionally amending 11-2-404 C , COMMISSION , 2 . , by the
addition thereto of the following at the end of the present
paragraph :
"Pursuant to Section 67-6520, Idaho Code , the Commission
may appoint hearing examiners for hearing applications for
subdivision and variance permits , and requests for zoning
district boundary changes which are in accordance with the
plan , and conduct all other business in accordance with Idaho
Code, Section 67-6520" .
5. Amending 11-2-404 D . , Council , 1 . , Duties , by the
addition thereto of the following :
"c . Pursuant to Section 67-6520, Idaho Code, the council
may appoint hearing examiners for hearing applications for
subdivision and variance permits , and requests for zoning
district boundary changes which are in accordance with the
plan , and conduct all other business in accordance with Idaho
Code, Section 67-6520" .
"d . The council shall perform such other duties as set
AMBROSE, forth herein" .
FITZGERALD
&CROOKSTON
6. 11-2-405 C . , Use and Bulk Regulations, 1 . at the end of
Attorneys and
Counselors
P.0.Box 427 1991 PrETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
Meridian,Idaho
83842 ; .. OF THE CITY OF MERIDIAN - -- PAGE 4
•
Telephone 888.4481
•
paragraph .1 . , the term "conditional use" shall be replaced with
"variance
7 . 11-2-405 C . 2 . , Bulk , the phrase "conditional use" at
the end of the section shall be replaced with "variance" .
•
8. , 11-2-406 B . , Avoidance of Undue Hardship, in the fourth
line the V nguage "or amendment" should be deleted and after the
word ordinance there should be placed a comma and the date April
2 , 1984 .
9 .• 11-2-406 C . in the fourth line the language "or
deleted should be and after the word ordinance there
should be placed a comma and the date April 2 , 1984 .
10.- 11-2-407 B . 2 . d . , should be amended to read as follows ,
" to have narrower or smaller rear yards , front yards , side yards ,
or other open spaces ; and
11 . 11-2-407 C . , Official Schedule of District Regulations
Adopted , second paragraph in the second line the word
"agricultural " should be deleted .
12 . 11-2-408 B . Zoning Districts 1 . , R-4 should be amended
to add the following language "Only Single Family Dwellings shall
be permitted and no conditional uses shall be permitted except for
Planned Residential Development and public schools" .
13 . 11-2-409, Zoning Schedule Of Use Control , should be
amended to show that in the R-4 Residential District only single
family dwellings , planned residential developments and public
schools shall be allowed in that district ; that the Residential ,
Commercial , and Industrial listings should be amended to reflect
the above and that no conditional uses shall be allowed for other
uses .
14 .6011-2-409 , Commercial -Churches , should be amended so that
"tey are'''a permitted use in the Old Town District . Child Care
Centers should be a conditional use in the C-G Zone . Under Bars ,
Alcoholic Establishments , they should be a conditional use in the
Old Town Zone .
15. 11-2-409, Zoning Schedule Of Use Control , C. ,
Industrial , should be amended to remove from the "Fabricated Metal
Products ( Except Major Welding and Foundry Operations" the "Major
Welding" .
AMBROSE, 16. 11-2-410 A. , Zoning Schedule of Bulk and Coverage
FITZGERALD .the A District and its associated requirements should
&CROOKSTON be deleted , ,and the I under Districts should be changed to I -L .
Attorneys end
Counselors
p.o.Box 421 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
Meridian,Idaho OF THE CITY OF MERIDIAN --- PAGE 5
83642
Telephone 888-4481
•
Also , an asterisk ( * ) should be added under R-15 , Minimum Yard
Setback Requirements from road right-of-way interior side so that
the street frontage is determined on the cul -de-sac lots at the
setback line , and a footnote ( 7 ) should be added stating that "On
corner.: lots in Residential Districts , the rear set back may be
determined on a side of the structure , at the option of the
builder" , and a ( 7 ) shall be added under- Minimum Yard Set Back
Requirements under Rear Set Back in the R-4 , R-8, R-15 and R-40
Districts ; and the phrase " from Road Right-of-Way" shall be
deleted from "Minimum Yard Setback Requirement from Road Right-
of-Wayw.
17 . 11-2-410 B . 4 . , Architectural Projections , should have
the word "chimney" added after the words "covered patios " and
before the word "and " .
18. 11-2-410 D . 1 . B . (4 ) , shall be changed to read as
follows , "The use shall be considered as a Commercial Use" .
19 . 11-2-410 D . 1 . h . ( 5 ) , shall be changed to read as
follows , "Pay the fee of $80 . 00" .
20. 11-2-410 D . 1 . h ( 7 ) , shall be changed to read as
follows : " If there are no objections filed within the time for
filing the same the zoning administrator may grant the request" .
21 . 11-2-411 D . shall be amended to add a new paragraph at
the end of the subsection which shall read as follows :
"All single-family ( R-4 , R-8, R-15 ) detached dwelling houses
which have multi -stories shall have a minimum of eight
hundred ( 800) square feet of living space on the ground
floor. "
22 . 11-2-413 C . 1 . , shall be repealed .
r
' `23 . 11-2-413 C 11 . , shall be repealed .
24 . '11-2-414 0, Design Standards For Off Street Parking ,
should have an additional subsection added to it , a 3 . , which
would state as follows :
"3. Drainage : A drainage plan designed by an architect
or an engineer shall be submitted and required for all
off street parking areas and shall be approved by the
City Engineer . "
Also, in that section 11-2-414 D . some requirement for
AMBROSE, parking space requirements for schools should be added , and review
FITZGERALD the number of parking spaces required for a nursery and day care
&CROOKSTON
Attorneys and
Counselors1991 `PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
P.O.Box 427
OF THE CITY OF MERIDIAN --- PAGE 6
Meridian,Idaho
83842
Telephone 888.4481
/ •
', •centers relating to the number of children and staff .
2.5•. 1.1=2-416 B , Initiation of 7orrinq Amendments , last
.,;paragraph shall have the following deleted , "When a zoning
amendment And development request are issued simultaneously, the
''procedure that shall be followed shall be that which is outlined
in. Section 4, Title 9 , Chapter 6 , of the City Ordinances entitled
Su•bdiviSion .Approval Procedure" .
26 . 11-2-416 C 17 , shall be repealed .
27 . 1.11-2-416 E , Procedures , 1 . shall be amended to read as
' follows :
"The applicant shall provide the City Clerk with the names
and _,addresses of property owners within 300 feet of the
ex1.errra l boundaries of the land being ron s ider ed , and any
additional arca that may he impacted by ! he said app I ii:a I. ion ,
as determined by the Zoning Administrator the applicant shall
deliver a sworn notarized statement that the list of property
owners are the owners of the property as shown by the records
of the Ada County Assessor ; one week prior to the hearing set
pursuant to 11 -2-416 E . 2 . b . , Applicant shall post a copy
of said notice of hearing of the application on the property
under consideration ; and after the property has been posted
the applicant shall deliver to the zoning administrator a
notarized statement that he has posted the property and the
date the
posting was placed .
•
2$. 11-2-416 E . 2 , shall be amended as follows :
"The commission shall :
a . Give notice of the hearing , at least fifteen ( 15 ) days
prior to the hearing , by cer t. i f ied mail to property owners
within the land being considered and to owners within three
, hundFed: ( 300 ) feet of the external boundaries of the land
being considered and any additional area that may be impacted
:by said application as determined by the Zoning
r.. Administrator . Said notice , by certified mail , must be
deposited with the United States Post. Office at least. fifteen
( 15 ) `d.ays prior to the hearing and said notice shall contain
a vicinity map of the property , a brief statement of the
nature of the application , the name and address of the
applicant . When notice is required to two hundred ( 2.00 ) or
more property owners or residents , in lieu of the mail
notification , notice of the proceeding and hearing required
AMBROSE, q hereby may be given by publ ich inq the notice and vicinity map
FITZGERALD z �` for '-t>wo, ( 2 ) consecutive weeks in the official newspaper of
&CROOKSTON { the C i t;j of Meridian .
Attorneys and r'`r"
.
Counselors ,
PD.Box 42, 1991 PETITION TO AMEND THE I_UNiNG AND DEVELOPMENT ORDINANCES
Meridlsn,Idaho OF THE CITY OF MERIDIAN - - - PAGE 7
83642
Telephone 888-4461
i
/'1
• b . Prior to recommending an application , conduct at least
one ( 1 ) public hearing in which interested persons shall have
an opportunity to be heard . At least fifteen ( 15) days prior
to the hearing , notice of the time and place and a summary
of the application to be discussed shall be published in the
• official newspaper or paper of general circulation within the
City of Meridian .
c . Within forty-five ( 45 ) days from the hearing, transmit
its recommendation to the Council with supportive reasons .
The Commission may, however, continue the matter from meeting
to - meeting if it finds that it does not have sufficient
information to make a decision . The Commission shall
recommend that the application be approved , approved with
conditions or denied . The Commission shall insure that any
approval or approval with conditions of an application shall
be in accordance with the Comprehensive Plan , this Ordinance
and State law.
i• A• f
d . Maintain a record of the hearing, findings made and
actions taken .
• 29. 11-2-416 F . 1 . , should be amended such that it reads as
follows :
"Hearing : The Council shall conduct at least one ( 1 ) public
hearing following the notice and requirements contained in 11-2-
416 E . 2. , but the Council need only mail notice as required by
11-2-416 E. 2. a . by ordinary first call mail .
30. . 11-2-417, shall be amended by deleting from the second
pi .r'agraph3•of that section the following language , "And a statement
' OT the owner granting to the City a lien against the property to
�e;�ure thepayment of all costs incurred by the City, including
"engineering, publication and attorney costs and fees .
. 31 . 11-2-418 B . , shall be amended by the deletion in the
second sentence of the phrase "orlessee" .
32 . 11-2-418 B . 12, 14 , 15 and 18 shall be repealed .
33. 11-2-419 B . 22, shall be repealed .
34 . 11-2-422 A. shall be deleted and a new section 11-2-422
A . should be, adopted which should read as follows :
"11-2:-422 A. A Petitioner or applicant for any of the
AMBROSE,
. FITZGERALD ,zoning 'or planning matters in this Title shall pay the fees
&CROOKSTON established by the City Council , by resolution . No petition
Attorneys and
Counselors
• 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
P.O.Box
dah
Meridian,Idaho OF THE CITY OF MERIDIAN --- PAGE 8
83842
Telephone 88&4461
•
or application , except as hereafter provided , shall be
• accepted by the City unless accompanied by the required
filing ,fee . "
, 11`-2-422 E , shall be amended by the deletion of
'.everything in the section , except the following language :
" If all fees are not paid , the City may revoke any zoning
permit, conditional use permit , accessory use permit ,
variance , occupancy permit , zoning certificate or other grant
of • aut.hority initially given the applicant , and in the case
of • an annexation procedure , the City may de-annex said
property. "
36 . " 11-2-424 A2: , on the Fence Designations , the drawings
should show the dimensions around utility access facilities such
as water meters , fire hydrant , power transformers , etc . , to be 4 '
, 4 ' and the appendix shall have deleted from it references to
'chain link fence" and "open fence" shall be substituted
therefore.
SUBDIVISION AND DEVELOPMENT ORDINANCE
37. 11-9-604 C . 4 . c . shall be deleted and d . shall be re-
lettered to c .
38. 11-9-604 C . 5 . a . , b . and c . shall be amended to delete
the "twenty-seven ( 27 ) " copies and insert " thirty ( 30) " copies .
2 39 . ,11-9-604 C . 5 . d . shall be amended to delete the seven
C ) •sets of conceptual engineering plans to four ( 4 ) conceptual
engineering plans and the City Engineer shall make the
determination as to the drawings conformance to the proposed
improvements to applicable regulations , ordinances and standards .
40. 11-9-604 C . 6. , Requirements of Preliminary Plats , m. ,
shall be amended to read as follows :
"Any proposed or existing utilities , including , but not
limited to, storm and sanitary sewers , irrigation laterals ,
ditches , drainages , bridges , culverts , water mains , fire
. hydrants , street lights , and their respective profiles" .
41 . 11-9-604 H . 1 . a . shall be amended to delete twenty-
'. - ven '( 27 ), and insert thirty ( 30 ) .
AMBROSE,
FITZGERALD 42 . 11-9-605 B . 3 . a . shall be amended to add to that
BCROOKSTON portion ' of the Highway and Street Types under Major Arterial
Attorneys and "Section Line Roads " so that they are required to have 80 feet of
Counselors
P.O.Box 427
Meridian,Idaho 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
83812 OF THE CITY OF MERIDIAN --- PAGE 9
Telephone 888-1181
•
r•
right-of-way.
43 . 11-9-605 I . , second paragraph , first sentence , shall be
amended to delete "Commission" and insert "Council " .
•
44 .` 11;-9-605 J . Fences , shall be amended to add a new
-subsectio`n . which shall be lettered k . and which shall read as
follows :
" 11-9-605 J . 7. k . Any developer intending to construct a
fence on top of a berm shall show the berm and the fence on the
preliminary plat and shall include with the preliminary plat the
design , placement , heights , specifications , and drawing of said
fence . "
•
45 . 11-9-605 J . shall have a new paragraph numbered 11-9-
605 J . 8. which would read as follows :
11-9-405 J . 8. Any developer intending to construct a
boundary fence on the boundaries of a proposed subdivision
shall show the fence on the preliminary plat and shall
include with the preliminary plat the design , placement ,
heights , specifications , and drawing of said fence . "
46 . 11-9-605 J . 10. a . 12 . shall be deleted .
47 . A new section 11-9-605 M . , shall be added relating to
Piping Of Ditches , which would read as follows :
�;. "M. Tiling of irrigation ditches , laterals or canals . All
-,waterways i+rigation ditches , laterals or canals , exclusive of
.fatural waterways , intersecting, crossing or lying adjacent and
co.ntiguous to an area being subdivided shall be covered and
enclosed with tiling or other equivalent covering which has the
`same ability to detour access to said ditch , lateral or canal , or
any part of said lands or areas being subdivided which abut either
or both sides of said ditch, lateral or canal . The City may waive
this requirement for covering such ditch , lateral or canal , if it
finds that the public purpose requiring such will not be served
in the individual case. Any covering program involving the
distribution system of any irrigation district shall have the
prior approval of that affected irrigation district . No
subdivision plat shall be approved where the subdivision is
, arbitrarily or artificially laid out to avoid being adjacent to
any waterway, irrigation ditch , lateral or canal to which it would
otherwise be naturally adjacent or which it would otherwise
naturally include .
AMBROSE,
FITZGERALD
BCROOKSTON 48. 11-9-606 A. , Responsibility For Plans , shall be amended
such that the existing paragraph is designated as paragraph 1 . and
Attorneys and
Counselors
P 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
Meridian,Idaho
83842 OF THE CITY OF MERIDIAN --- PAGE 10
Telephone 888.4461
•
a new paragraph added designated as 2 . which should read as
follows :
" It shall be the responsibility and liability of every
• .,;, .subdivider , and the owner sof the land being subdivided , to
'' ,' construct and install every improvement shown on the plat of
, the subdivision or represented to be included in the
subdivision at any presentation before the Planning and
Zoning Commission or the City Council and this responsibility
and liability shall run with the land and this responsibility
and liability shall be shown on the plat of the subdivision . "
49 . - 11-9-606 B. 13 . shall be amended to add a new paragraph
�
number 13 . c . , which shall read as follows , c . Every subdivider
shall show on his development plan where each street light is to
be placed - in the subdivision " .
50. 11-9-606 B 14 should be amended by the addition of the
following language at the end of the existing paragraph :
"Also, the above requirement may be waived if the
subdivider either 1 ) deeds to the City land for a well ,
drills the well and places the well on line with the
City water system, including the necessary pumps ,
piping, values , pressure equipment , and all other
equipment necessary, and which well depth and capacity
are determined by the City; or 2 ) the subdivider
deposits , gives and grants sufficient funds with the
City to purchase land , construct and drill a well , and
purchase all necessary equipment to put the well on line
with the City water system. In many subdivisions the
latter option may be preferable to the City so that the
City may combine funds to drill and equip one large well
to service several subdivisions , rather than have
several smaller wells of less capacity.
51 . 11-9-615 A. 1 . should be deleted and a new section 11-
9-615 A. 1 . should be adopted which should read as follows :
" 11-9-615 A. 1 . A Petitioner or applicant for any of the
,_ subdivision or application matters in this Title shall pay the
fees establisPed by the City Council , by resolution . No petition
or •application , except as except as hereafter provided , shall be
a.c ,e-pted by `:the City unless accompanied by the required filing
52 . 11-9-617 A. 3 . , there should be a drawing added showing
AMBROSE, the sight triangles for fences .
FITZGERALD
&CROOKSTON DATED this day of _--, 1991 .
Attorneys and
Counselors
P.O.Box 42, 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
Meridien,Idaho OF THE ,CITY OF MERIDIAN --- PAGE 11
83842
Telephone 888-44e1 *`
•
JIM JOHNS-Nr, OHAFRMAN FLANNIN6 AND
ZONING COMMISSION
r • 0 .4
•
AMBROSE, +,
FITZGERALD
&CROOKSTON
Attorneys and
Counselors
P.o.Box 42T 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
Meridian,Idaho OF THE CITY OF MERIDIAN --- PAGE 12
83642
Telephone 8884461
MERIDIAN PLANNING & ZONING
JUNE 11, 1991
PAGE #5
The Motion was made by Rountree and seconded by Shearer that the Meridian Planning
and Zoning Commission hereby recommends to the City Council of the City of Meridian
that they approve the annexation and zone the property R-8 Residential, subject
to the conditions stated herein, but recommend that development be restricted
to single family dwellings and that such restriction be evidenced by the covenants
and restrictions for the proposed subdivision which must be submitted to the
City Council.
Motion Carried: All Yea:
The Motion was made by Hepper and seconded by Rountree to approve the preliminary
plat.
Motion Carried: All Yea:
#3: ROY JOHNSON, JOHNSON ENGINEERING: DISCUSSION ON PROPOSED DEVELOPMENT PROJECT:
Roy Johnson, 9390 Ustick Rd., Boise. I'm here with Mr. Yorgeson and we have a
project that we are proposing. Explained to the Commission the location of this
proposal. What we are proposing to do is an R-8 zone with lots that would have a
minimum of approximately 6600 sq. ft.. They would average around 68 to 6900 sq. ft..
In talking with the Clerk I understand that we have to have a Comp. Plan Amendment.
The size of the project in our opinion makes it work well for a residential area.
There is approximately 370 lots. Discussion held on access and zoning. Aren't we
allowed with a Conditional Use Permit to do residential in an industrial zone?
Crookston: No.
Johnson: Under PUD?
Crookston: I don't believe a residential PUD is allowed in industrial.
DISCUSSION:
Chairman Johnson: I really think that you would have problems with getting Council's
approval on this. You can also go beore the Council just like you did with us
tonight to get their input.
# W"
Cr.- item of the proposed amendments and advised
ComeC ''''': t*' 444Adw,04mancies. It was agreed upon_tb_add the definition of an open
fence. Also to correct: 90 A-424 A2 Diagram of a Fence & changing wording
of , . (TAPE ON FILE)
The - ' esSel M*1eMmteamdr --,' -j Hepper to pr
- aschanged and proceed with PliblicApeoga
Mot - ried: All Yea:
' I �•\
1991 PETITION TO AMEND THE ZONING ORDINANCE AND
THE SUBDIVISION AND DEVELOPMENT ORDINANCE
COMES NOW, the Planning and Zoning Commission of the City
of Meridian and hereby submits to itself and the City Council of
the City of Meridian the following proposals to amend the Zoning
and Subdivision and Development Ordinances of the City of
Meridian : to-wit
ZONING ORDINANCE
1 . To amend 11-2-401 C . , Jurisdiction , deleting the last
phrase in the paragraph which reads , "Commonly referred to as the
Area of Impact" , and replacing it with the following language,
"Under the Area of Impact agreements between the City and Ada
County" .
2 . Amending 11-2-402 A. , Intent and Purpose, by deleting
the last three words in the first sentence of the paragraph which
read , "and impact zone" , and replacing them with the following
language, "and land over which the City has jurisdiction under the
Area of Impact Agreements between the City and Ada County" .
3. Amending 11-2-403 B. , Definitions as follows for the
following words , to wit:
Applicant , by adding to the definition , "Applicant also
includes any person submitting a request for rezone,
conditional use, accessory use, annexation, or request to be
allowed to make any application authorized under this
ordinance" .
Applications , to substitute a comma in the third line
of the definition after the word plats for the period
that presently exists there.
Automobile Wrecking Yard , to replace the sixty ( 60) day
requirement with thirty ( 30) days .
Building, existing, adding to the definition the following
language at the end, "as of the effective date of this
ordinance ' s initial adoption on April 2 , 1984.
Cemetery, deleting the fourth word in the second line
of the definition , which is , "cemetery" , and
substituting the word " internment" .
AMBROSE,
FITZGERALD
&CROOKSTON Certificate of Occupancy, in the third line changing the
Attorneys and
0oan881Ofs 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
P.O.Box427 OF THE CITY OF MERIDIAN --- PAGE 1
Meridian,Idaho
83842
Telephone 8884481
language which now reads as follows , "has been changed , the
purpose for which the building was constructed or was changed
is being" , to the following language, "has been changed , the
purpose for which the building was constructed or changed is
capable of being . "
Clinic (Medical , Dental , Optical ) , changing the definition
to read as follows , "A building (other than a hospital ) used
by one ( 1 ) or more health care practitioners for the purpose
of care, diagnosis or treatment of sick , ailing, infirm, or
injured patients , or those who are in need of medical and
surgical attention , but which building does not provide
board, room or regular hospital care and services . "
Commercial Use or Business , changing the definition to read
as follows , "The purchase, sale or other transaction
involving the handling or disposition of any article,
substance or commodity, or the dispensing of services for
livelihood or profit; ownership or management of office
buildings , offices for recreational , entertainment or
amusement enterprises or the maintenance and use of offices
by professions and trades rendering services is included in
this definition . "
Convalescent or Nursing Home, Rest Home, changing the
definition to read as follows , "Any home, place or
institution which operates or maintains facilities providing
convalescent , or chronic care, or both , for a period in
excess of twenty-four ( 24 ) consecutive hours for two ( 2 ) or
more patients not related by blood or marriage to the
operator, and said patients , who by reason of illness or
infirmity, are unable to properly care for themselves .
Court, deleting from the definition , " located above grade
level " .
Dairy Farm, delete the last clause of the definition which
reads as follows , "and where the milking area is subject to
the approval of the Idaho State Department of Health .
District or Zone, in the third line of the definition
delete the sentence that reads as follows , "The letter
(A) shall represent the Agricultural District" .
Entertainment Facilities ( Commercial ) , changing the
definition to read as follows , "Any structure housing any
"for profit" activity, which is generally related to the
AMBROSE, entertainment field, such as motion picture theaters ,
FITZGERALD taverns , night clubs , cocktail lounges , bowling allies , and
BCROOKSTON similar entertainment activities . "
Attorneys and
Counselors
a.o.Box azo 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
Meridian,Idaho OF THE CITY OF MERIDIAN --- PAGE 2
83642
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•
Lot , Flag lot, adding this definition between Lot, Double
Frontage and Lot , Frontage, and the definition to read as
follows , "A lot in the shape of a flag on a pole or similar
design" . A flag lot shall have a minimum frontage of thirty
( 30) feet and a house place on a flag lot shall have the
house facing the street frontage.
Highway, deleting the definition presently stated and
inserting the following definition , "means the entire width
between the boundary lines of every way publicly maintained
when any part is open to the use of the public for vehicular
traffic , with jurisdiction extending to the adjacent property
line, including sidewalks , shoulders , berms , and rights-of-
way not intended for motorized traffic . The term ' street '
is interchangeable with highway. "
Impact Area, deleting from the definition the last
sentence,which reads as follows , "that area shall be
governed by the ordinances of the City of Meridian
pertaining to zoning and development" .
Loading and Unloading Space, Off Street, changing the "and"
in the second to the last word of the definition to "or" .
Manufacturing, Heavy, in the third line adding a comma
after the word "character" .
Manufacturing, Light, in the fourth line of said definition
deleting the semi -colon between the two words "structures" ,
and "and" , and inserting a comma.
Mobile Home, deleting the sentence "Amended Ordinance 207" .
Original Parcel of Land , adding at the end of the
definition the following, " , April 2 , 1984" .
Ownership, changing the definition to read as follows , "The
individual , firm, association , syndicate, partnership or
corporation who is the owner of property" .
Parking Area or Lot ( Public ) , in the third line changing
the "and" between automobiles and commercial , to "or" .
Professional Offices , deleting the definition and
substituting the following, "structures where those engaged
in a profession conduct their business and activity" .
AMBROSE,
FITZGERALD
BCROOKSTON Seat, adding to the definition the insertion of the
following sentence right after seat, "the place at, or
Attorneys and
Counselors
P.O.Box 427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
Meridian, OF THE CITY OF MERIDIAN --- PAGE 3
Telephone 888-4481
the thing on , which one sits" .
Walkway, deleting from the definition the following
language, "five ( 5) feet or more in width" .
4. Amending 11-2-404 C. , Commission-Planning and Zoning
Commission , such that it reads as follows :
"The Commission shall consist of five ( 5) voting members .
They shall be appointed by the mayor and confirmed by
majority vote of the council for terms of six ( 6) years . An
appointed member of the commission must have resided in the
county for five ( 5) years and in the city for one ( 1 ) year
prior to his appointment , and must remain a resident of the
city during his service on the commission . Except that at
least one ( 1 ) but not more than two ( 2 ) members may be
appointed from residents of the City Impact Area, outside the
corporate limits . Such members shall have similar residence
requirements as those within the City, except that they need
not have resided in the City for one ( 1 ) year . Members of
the Commission shall be selected without respect to political
affiliations and shall serve without compensation . Members
may be removed for cause by a majority vote of the council . "
And additionally 11-2-404 C, COMMISSION , 2. , by the addition
thereto of the following at the end of the present paragraph :
"Pursuant to Section 67-6520, Idaho Code, the Commission
may appoint hearing examiners for—fearing applications for
subdivision and variance permits , and requests for zoning
district boundary changes which are in accordance with the
plan, and conduct all business in accordance with Idaho Code,
Section 67-6520" .
5. Amending 11-2-404 D. , Council , 1 . , Duties , by the
addition thereto of the following :
"c. Pursuant to Section 67-6520, Idaho Code, the council
may appoint hearing examiners for hearing applications for
subdivision and variance permits , and requests for zoning
district boundary changes which are in accordance with the
plan , and conduct all business in accordance with Idaho Code,
Section 67-6520" .
"d. The council shall perform such other duties as set
forth herein" .
AMBROSE, 6. 11-2-405 C. , Use and Bulk Regulations, 1 . at the end of
FITZGERALD
&CROOKSTON the paragraph 1 . , the term "conditional use" shall be replaced
with "variance" .
Attorneys and
Counselors
P.O.Box427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
Meridian, OF THE CITY OF MERIDIAN --- PAGE 4
Telephone 888-4461
•
7 . 11-2-405 C. 2 . , Bulk , the phrase "conditional use" at
the end of the section shall be replaced with "variance" .
8. 11-2-406 B. , Avoidance of Undue Hardship, in the fourth
line the language "or amendment" should be deleted and after the
word ordinance there should be placed a comma and the date April
2, 1984.
9. 11-2-406 C. in the fourth line the language "or
deleted should be and after the word ordinance there
should be placed a comma and the date April 2 , 1984.
10. 11-2-407 B. 2. d . , should be amended to read as follows ,
"to have narrower or smaller rear yards , front yards , side yards ,
or other open spaces; and" .
11 . 11-2-407 C. , Official Schedule of District Regulations
Adopted , second paragraph in the second line the word
"agricultural " should be deleted .
12. 11-2-408 B . Zoning Districts 1 . , R-4 should be amended
to add the following language "Only Single Family Dwellings shall
be permitted and no conditional uses shall be permitted except for
Planned Residential Development and public schools " .
13. 11-2-409, Zoning Schedule Of Use Control , should be
amended to show that in the R-4 Residential District only single
family dwellings , planned residential developments and public
schools shall be allowed in that district; that the Residential ,
Commercial , and Industrial listings should be amended to reflect
the above and that no conditional uses shall be allowed for other
uses .
14. 11-2-409, Commercial -Churches, should be amended so that
they are a permitted use in the Old Town District . Child Care
Centers should be a conditional use in the C-G Zone. Under Bars ,
Alcoholic Establishments , they should be a conditional use in the
Old Town Zone.
15. 11-2-409, Zoning Schedule Of Use Control , C. ,
Industrial , should be amended to remove from the "Fabricated Metal
Products ( Except Major Welding and Foundry Operations" the "Major
Welding" .
16. 11-2-410 A. , Zoning Schedule of Bulk and Coverage
Controls , the A District and its associated requirements should
AMBROSE, be deleted , and the I under Districts should be changed to I-L .
aCRoRALD
KSTON Also, an asterisk (*) should be added under R-15, Minimum Yard
Setback Requirements from road right-of-way interior side so that
Attorneys and
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P.O.Box427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
Meridian, o OF THE CITY OF MERIDIAN --- PAGE 5
Telephone 888.4461
the street frontage is determined on the cul -de-sac lots at the
setback line, and a footnote ( 7) should be added stating that "On
corner lots in Residential Districts , the rear set back may be
determined on a side of the structure, at the option of the
builder" , and a ( 7 ) shall be added under Minimum Yard Set Back
Requirements under Rear Set Back in the R-4 , R-8, R-15 and R-40
Districts ; and the phrase "from Road Right-of-Way" shall be
deleted from "Minimum Yard Setback Requirement from Road Right-
of-Way" .
17. 11-2-410 B . 4. , Architectural Projections, should have
the word "chimney" added after the words "covered patios" and
before the word "and" .
18. 11-2-410 D. 1 . B. (4 ) , should be changed to read as
follows , "The use shall be considered as a Commercial Use" .
19. 11-2-410 D. 1 . b. ( 5) , shall be changed to read as
follows , "Pay the fee of $80. 00" .
20. 11-2-410 D. 1 . b ( 7 ) , should be changed to read as
follows : " If there are no objections filed within the time for
filing the same the zoning administrators may grant the request" .
21 . 11-2-413 C. 1 . , should be repealed .
22. 11-2-413 C 11 . , should be repealed .
23. 11-2-414 D, Design Standards For Off Street Parking,
should have an additional subsection added to it, a 3. , which
would state as follows :
"3. Drainage : A drainage plan designed by an architect
or an engineer shall be submitted and required for all
off street parking areas and shall be approved by the
City Engineer . "
Also, in that section 11-2-414 D. some requirement for
parking space requirements for schools should be added , and review
the number of parking spaces required for a nursery and day care
centers relating to the number of children and staff.
24 . 11-2-416 B, Initiation of Zoning Amendments , last
paragraph shall have the following deleted , "When a zoning
amendment and development request are issued simultaneously, the
procedure that shall be followed shall be that which is outlined
in Section 4 , Title 9, Chapter 6, of the City Ordinances entitled
AMBROSE, Subdivision Approval Procedure" .
FITZGERALD
&CROOKSTON
25. 11-2-416 C 17, should be repealed .
Attorneys and
Counselors
P.O.Box427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
MeridlanIdaho83642 OF THE CITY OF MERIDIAN --- PAGE 6
Telephone 888-4461
26. 11-2-416 E, Procedures , 1 . should be amended to read as
follows :
"The applicant shall provide the City Clerk with the names
and addresses of property owners within 300 feet of the
external boundaries of the land being considered , and any
additional area that may be impacted by the said application ,
as determined by the commission and fifteen ( 15) days prior
to the hearing set pursuant to 11-2-416 E 2 b, post a copy
of said notice on the property under consideration and
deliver to the zoning administrator a notarized statement
that he has posted the property and the date the posting was
placed . "
27 . 11-2-416 E. 2, shall be amended as follows :
"The commission shall :
a. Give notice of the hearing, at least fifteen ( 15) days
prior to the hearing, by certified mail to property owners
within the land being considered and to owners within three
hundred ( 300) feet of the external boundaries of the land
being considered and any additional area that may be impacted
by said application as determined by the Commission . Said
notice by certified mail must be deposited with the United
States Post Office at least fifteen ( 15) days prior to the
hearing . Said notice shall contain a vicinity map of the
property, a brief statement of the nature of the application ,
the name and address of the applicant . When notice is
required to two hundred (200) or more property owners or
residents, in lieu of the mail notification , notice of the
proceeding and hearing required hereby may be given by
publishing the notice for two (2 ) consecutive weeks in the
official newspaper of the City of Meridian provided that the
second notice appears ten ( 10) days prior to the public
hearing.
b . Prior to recommending an application , conduct at least
one ( 1 ) public hearing in which interested persons shall have
an opportunity to be heard . At least fifteen ( 15) days prior
to the hearing, notice of the time and place and a summary
of the application to be discussed shall be published in the
official newspaper or paper of general circulation within the
City of Meridian .
c . Within forty-five (45) days from the hearing, transmit
AMBROSE, its recommendation to the Council with supportive reasons.
FITZGERALD The Commission may, however, continue the matter from meeting
&CROOKSTON to meeting if it finds that it does not have sufficient
Attorneys and
Counselors
1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
Box 427
Meridian,Idaho OF THE CITY OF MERIDIAN --- PAGE 7
83842
Telephone 8884481
• ►
information to make a decision . The Commission shall ►
recommend that the application be approved , approved with
conditions or denied . The Commission shall insure that any
approval or approval with conditions of an application shall
be in accordance with the Comprehensive Plan , this Ordinance
and State law.
d . Maintain a record of the hearing, findings made and
actions taken .
28. 11-2-416 F. 1 . , should be amended such that it reads as
follows :
"Hearing : The Council shall conduct at least one ( 1 ) public
hearing following the notice and requirements contained in 11-2-
416 E. 2. , and the Council having given notice as required by 11-
2-416 E. 2.a. by ordinary first call mail .
29. 11-2-417, needs to be amended by deleting from the
second paragraph of that section the following language , "And a
statement of the owner granting to the City a lien against the
property to secure the payment of all costs incurred by the City,
including engineering, publication and attorney costs and fees .
30. 11-2-418 B . , needs to be amended by the deletion in the
second sentence of the phrase "or lessee" .
31 . 11-2-418 B . 12, 14, 15 and 18 need to be repealed .
32. 11-2-419 B. 22, needs to be repealed .
33. 11-2-422 A. should be deleted and a new section 11-2-
422 A. should be adopted which should read as follows :
" 11-2-422 A. A Petitioner or applicant for any of the
zoning or planning matters in this Title shall pay the fees
established by the City Council , by resolution . No petition
or application , except as except as hereafter provided , shall
be accepted by the City unless accompanied by the required
filing fee. "
34. 11-2-422 E, needs to be amended by the deletion of
everything in the section , except the following language :
" If all fees are not paid , the City may revoke any zoning
permit, conditional use permit, accessory use permit,
AMBROSE, variance, occupancy permit, zoning certificate initially
FITZGERALD given the applicant, and in the case of an annexation
&CROOKSTON
procedure, the City may de-annex said property. "
Attorneys and
Counselors
P.O.Box 427
Meridian,Idaho 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
83842
Telephone 888-4481 OF THE CITY OF MERIDIAN --- PAGE 8
•
►
35. 11-2-424 A. 2 . , on the Fence Designations , the drawings
should show the dimensions around a water meter and/or fire
hydrant to be 4 ' x 4 ' .
SUBDIVISION AND DEVELOPMENT ORDINANCE
36. 11-9-604 C. 4 . c . should be deleted and d . should be
re-lettered to c.
37. 11-9-604 C. 5. a. , b . and c, should be amended to delete
the "twenty-seven (27 ) " copies and insert "thirty (30) " copies .
38. 11-9-604 C. 5. d . should be amended to delete the seven
( 7 ) sets of conceptual engineering plans to four (4) conceptual
engineering plans and the City Engineer shall make the
determination as to the drawings conformance to the proposed
improvements to applicable regulations, ordinances and standards .
39. 11-9-604 C. 6. , Requirements of Preliminary Plats , m. ,
should be amended to read as follows :
"Any proposed or existing utilities, including, but not
limited to, storm and sanitary sewers , irrigation laterals ,
ditches , drainages, bridges , culverts , water mains, fire
hydrants , street lights , and their respective profiles" .
40. 11-9-604 H. 1 . a should be amended to delete twenty-
seven (27) and insert thirty ( 30) .
41 . 11-9-605 B . 3. a. should be amended to add to that
portion of the Highway and Street Types under Major Arterial
"Section Line Roads" so that they are required to have 80 feet of
right-of-way.
42 . 11-9-605 I . , second paragraph , first sentence, should
be amended to delete "Commission" and insert "Council " .
43. 11-9-605 J. Fences , needs to be amended to add a new
subsection which shall be lettered k . and which shall read as
follows :
"11-9-605 J . 7. k . Any developer intending to construct a
fence on top of a berm shall show the berm and the fence on the
FITZGERALD
AMBROSE, preliminary plat and shall include with the preliminary plat the
SCROOKSTON design, placement , heights , specifications, and drawing of said
fence.
Attorneys and
Counselors
P.O.Box 427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
Meridian,Idaho
83842 OF THE CITY OF MERIDIAN --- PAGE 9
Telephone 888-4481
• H
44 . 11-9-605 J. should have a new paragraph numbered 11-9-
605 J . 8. which would read as follows :
" 11-9-605 J . 8. Any developer intending to construct a
boundary fence on the boundaries of a proposed subdivision
shall show the fence on the preliminary plat and shall
include with the preliminary plat the design, placement,
heights , specifications , and drawing of said fence. "
45 . 11-9-605 J. 10. a. 12 should be deleted .
46. A new section 11-9-605 M. , should be added relating to
Piping Of Ditches , which would read as follows :
"M. Tiling of irrigation ditches , laterals or canals . All
irrigation ditches , lateral or canals , exclusive of natural
waterways , intersecting, crossing or lying adjacent and contiguous
to an area being subdivided shall be covered and enclosed with
tiling or other covering equivalent in ability to detour access
to said ditch , lateral or canal , or any part of said lands or
areas being subdivided touch either or both sides of said ditch,
lateral or canal . The City may waive this requirement for
covering such ditch, lateral or canal , if it finds that the public
purpose requiring such will not be served in the individual case.
Any covering program involving the distribution system of any
irrigation district shall have the prior approval of that affected
district. No subdivision plat shall be approved where the
subdivision is arbitrarily or artificially laid out to avoid being
adjacent to any irrigation ditch , lateral or canal to which it
would otherwise be naturally adjacent or which it would otherwise
naturally include .
47. 11-9-606 A. , Responsibility For Plans, should be amended
such that the existing paragraph is designated as paragraph 1 . and
a new paragraph added designated as 2 . which should read as
follows :
" It shall be the responsibility and liability of the
subdivider and owner of every subdivision to construct and
install every improvement shown on the plat of the
subdivision or represented to be included in the subdivision
at any presentation before the Planning and Zoning Commission
or the City Council and this responsibility and liability
shall run with the land and this responsibility and liability
shall be shown on the plat of the subdivision . "
AMBROSE,
FITZGERALD 48. 11-9-606 B. 13 should be amended to add a new paragraph
&CROOKSTON number 13. c . , which shall read as follows , "c . Every subdivider
Attorneys and shall show on his development plan where each street light is to
Counselors
P.O.Box d
Meridian,Idaho 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
83642 OF THE CITY OF MERIDIAN --- PAGE 10
Telephone 888-4461
•
be placed in the subdivision " .
49. 11-9-606 B 14 should be amended by the addition of the
following language at the end of the existing paragraph :
"Also, the above requirement may be waived if the
subdivider either 1 ) deeds to the City land for a well ,
drills the well and places the well on line with the
City water system, including the necessary pumps ,
piping, values , pressure equipment , and all other
equipment necessary, and which well depth and capacity
are determined by the City; or 2 ) the subdivider
deposits, gives and grants sufficient funds with the
City to purchase land, construct and drill a well , and
purchase all necessary equipment to put the well on line
with the City water system. In many subdivisions the
latter option may be preferable to the City so that the
City may combine funds to drill and equip one large well
to service several subdivisions, rather than have
several smaller wells of less capacity.
50. 11-9-615 A. 1 . should be deleted and a new section 11-
9-615 A. 1 . should be adopted which should read as follows :
" 11-9-615 A. 1. A Petitioner or applicant for any of the
subdivision or application matters in this Title shall pay the
fees established by the City Council , by resolution . No petition
or application , except as except as hereafter provided , shall be
accepted by the City unless accompanied by the required filing
fee.
51 . 11-9-617 A. 3. , there should be a drawing added showing
the sight triangles for fences .
DATED this day of 1991 .
f ON C' I • ' l , . kit , i )
ZONING COMMISSION
AMBROSE,
FITZGERALD
&CROOKSTON
Attorneys and
Counselors
P.O.Box427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
Meridian,2Idaho OF THE CITY OF MERIDIAN --- PAGE 11
Telephone 8884461
k'
k]oy.,k. , a/1 �j
n1 ¢ I( 0 ).10-14) ,,s , l�a��-� J QtoeJ
p11,r - - s-i9) 56 4 5c /(ory.
7 Car L,} 30 C a icz. ave 2- Go y c- L- O
--44? 2,O wl ,D 7 ( / e „.
30 ( etc. Qq ) 3)
OL (A)t, 7c I 9. 6o ,‘
/-? i Ski eA) CeU,ic , ( ? Qa7 C k )9)
7- 6,00 >6 _ A -l2.. O. Jel *1 , z I. 1J
MERIDIAN PLANNING & ZONING
MAY 14, 1991
PAGE #4
Weeks: Myself and a couple other neighbors do not want to be forced into have to
hook on to sewer.
Johnson: Anyone else to testify?
Crookston: Could Mr. Cherry please come back up. Are these accurate lots here
along the parcel there?
Cherry: This is a survey of it right here.
Crookston: Is there a house here on what you have as parcel #2?
Cherry: I bought this and had it divided. I own both parcels.
Discussion: TAPE ON FILE:
Johnson: Anyone else to testify?
Tealy: I would like to address some of the concerns. We'd be more than willing
to sit down with the people adjacent to us to determine where these stubs should
be put and to determine what this is going to cost. It should be pointed out that
11th Street, which is the street we are using for frontage for these lots is stubbed
out both from south and north. I'd like to also point out there would be no
assessments for street work, sewer work or water work, we pay for that entirely.
Crookston: Is there a concern by the Ada County Highway District as to whether or
not the other side, the west side of this road would ever be completed?
Tealy: Not at this time.
Johnson: Anyone else to testify? Hearing no response I will close the Public Hearing.
Hepper: I'd like to comment on Mr. Cherry's comments about the road crossing back of
his house. Alot of these subdivisions that we are seeing come through now have got
what they call a Collector Street designation. On a Collector Street houses are not
allowed to front on the Collector Street. It's probably not a desirable situation
but it's something that happens quite often.
The Motion was made by Rountree and seconded by Shearer to recommend approval to the
City Council with the indication from the developer 1) to work with adjacent property
owners, 2) also that they comply with the conditions set forth by ACHD.
Motion Carried: All Yea:
ITS ° _ ,-,-
mr SCE:
The.:petition to °* .. teiteessee ad prepared by the City
tk
Attorney , .. .,
- . /` \ /"\
MERIDIAN' PLANNING & ZONING
MAY 14, 1991
PAGE #5
A, r .gy some o ,. ,
Attorney was to include a couplee of .. '4:-. .,-' .:. . , , : 1 A the
Joint Worker"with the Council:
In: 11 2--409 x = - •w duplex units40,01,140 Towne
Dist : k ., .• :.-�' .;: x on
requited to be shown on the . ,, :' S _ .: --'' was
disci e the - ! ., - <, ' ce be
regairsd,onittAt .., . A .
Z v .t-r w- 'it'.z'
unit. ', : this e�
feet,. 2-411-D.
3
The ., ;„ .,r r` 4 -, -
,--4.-.i-4A, - 8-1 P.M.:
Motion Carried: All Yea:
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
JIM JOHNSON, CHAIRMAN
ATTEST:
-- O._
• NI n 1 , CITY CLERK
(/:7A
$c: Mayor & Council,
P & Z Members, Atty,
Ward, Stuart, Gass, Hallett,
Eng., Bldg., Police, Fire,
ACHD, NMID, CDH, Settlers,
Valley News, Statesman
File (3)
Mail (3)
,j
1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
OF THE CITY OF MERIDIAN
COMES NOW, the Planning and Zoning Commission of the City
of Meridian and hereby submits to itself and the City Council of
the City of Meridian the following proposals to amend the Zoning
and Development Ordinances of the City of Meridian : to-wit
1 . To amend 11-2-401 C , Jurisdiction , deleting the last
phrase in the paragraph which reads , "Commonly referred to as the
Area of Impact" , and replacing it with the following language ,
"Under the Area of Impact agreements between the City and Ada
County" .
2 . Amending 11-2-402 A, Intent and Purpose, by deleting
the last three words in the first sentence of the paragraph which
read , "and impact zone" , and replacing them with the following
language, "and land over which the City has jurisdiction under the
Area of Impact Agreements between the City and Ada County" .
3 . Amending 11-2-403 B, Definitions as follows for the
following words , to wit :
Applicant , by adding to the definition , "Applicant also
includes any person submitting a request for rezone ,
conditional use, accessory use, annexation , or request to be
allowed to make any application authorized under this
ordinance" .
Applications, to substitute a comma in the third line
of the definition after the word plats for the period
that presently exists there.
Automobile Wrecking Yard , to replace the sixty (60) day
requirement with thirty ( 30) days .
Building, existing, adding to the definition the following
language at the end, "as of the effective date of this
ordinance ' s initial adoption on April 2 , 1984 .
Cemetery, deleting the fourth word in the second line
of the definition , which is , "cemetery" , and
substituting the word " internment" .
AMBROSE,
FITZGERALD Certificate of Occupancy, in the third line changing the
&CROOKSTON language which now reads as follows , "has been changed , the
Attorneys and
Counselors
1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
P.O.Sox 427
P.0.N,ldeho OF THE CITY OF MERIDIAN --- PAGE 1
83042
Telephone 888.4401
purpose for which the building was constructed or was changed
is being" , to the following language , "has been changed , the
purpose for which the building was constructed or changed is
capable of being. "
Clinic (Medical , Dental , Optical ) , changing the definition
to read as followings , "A building ( other than a hospital )
used by one ( 1 ) or more health care practitioners for the
purpose of care, diagnosis or treatment of sick , ailing,
infirm, or injured patients , or those who are in need of
medical and surgical attention , but which building does not
provide board , room or regular hospital care and services . "
Commercial Use or Business , changing the definition to read
as follows , "The purchase, sale or other transaction
involving the handling or disposition of any article,
substance or commodity, or the dispensing of services for
livelihood or profit; ownership or management of office
buildings , offices for recreational , entertainment or
amusement enterprises or the maintenance and use of offices
by professions and trades rendering services is included in
this definition . "
Convalescent or Nursing Home , Rest Home, changing the
definition to read as follows , "Any home, place or
institution which operates or maintains facilities providing
convalescent , or chronic care, or both, for a period in
excess of twenty-four (24 ) consecutive hours for two ( 2 ) or
more patients not related by blood or marriage to the
operator, and said patients , who by reason of illness or
infirmity, are unable to properly care for themselves .
Court, deleting from the definition , " located above grade
level " .
Dairy Farm, delete the last clause of the definition which
reads as follows , "and where the milking area is subject to
the approval of the Idaho State Department of Health.
District or Zone, in the third line of the definition delete
the sentence that reads as follows , "The letter (A ) shall
represent the Agricultural District" .
Entertainment Facilities (Commercial ) , changing the
definition to read as follows , "Any structure housing any
"for profit" activity, which is generally related to the
entertainment field , such as motion picture theaters ,
AMBROSE, taverns, night clubs , cocktail lounges , bowling allies , and
FITZCROOKSTON
O
d CRSTO similar entertainment activities . "
Attorneys and
Counselors
P.O•Box 4V 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
Meridian,
eridam OF THE CITY OF MERIDIAN --- PAGE 2
Telephone 888-4411
C1 �1
Lot , Flag lot, adding this definition between Lot, Double
Frontage and Lot , Frontage , and the definition to read as
follows , "A lot in the shape of a flag on a pole or similar
design" .
Highway, deleting the definition presently stated and
inserting the following definition , "means the entire width
between the boundary lines of every way publicly maintained
when any part is open to the use of the public for vehicular
traffic , with jurisdiction extending to the adjacent property
line, including sidewalks , shoulders , berms , and rights-of-
way not intended for motorized traffic . The term ' street '
is interchangeable with highway. "
Impact Area, deleting from the definition the last sentence,
which reads as follows , " that area shall be governed by the
ordinances of the City of Meridian pertaining to zoning and
development" .
Loading and Unloading Space, Off Street, changing the "and"
in the second to the last word of the definition to "or" .
Manufacturing, Heavy, in the third line adding a comma after
the word "character" .
Manufacturing, Light, in the fourth line of said definition
deleting the semi -colon between the two words "structures" ,
and "and" , and inserting a comma.
Mobile Home, deleting the sentence "Amended Ordinance 207" .
Original Parcel of Land , adding at the end of the definition
the following , " , April 2 , 1984" .
Ownership, changing the definition to read as follows , "The
individual , firm, association , syndicate, partnership or
corporation who is the owner of property" .
Parking Area or Lot ( Public ) , in the third line changing the
"and" between automobiles and commercial , to "or" .
Professional Offices , deleting the definition and
substituting the following, "structures where those engaged
in a profession conduct their business and activity" .
Seat, adding to the definition the insertion of the following
sentence right after seat , "the place at, or the thing on ,
AMBROSE, which one sits" .
FITZGERALD
&CROOKSTON Walkway, deleting from the definition the following language,
Attorneys and
Counselors
no.Box 427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
Meridian,'dello OF THE CITY OF MERIDIAN --- PAGE 3
83642
Telephone 1108-44411
"five ( 5 ) feet or more in width" .
4. Amending 11-2-404 C, Commission-Planning and Zoning
Commission , such that it reads as follows , 1 ) "The Commission
shall consist of five ( 5 ) voting members . They shall be appointed
by the mayor and confirmed by majority vote of the council for
terms of six ( 6) years . An appointed member of the commission
must have resided in the county for five ( 5 ) years and in the city
for one ( 1 ) year prior to his appointment , and must remain a
resident of the city during his service on the commission . Except
that at least one ( 1 ) but not more than two ( 2 ) members may be
appointed from residents of the City Impact Area , outside the
corporate limits . Such members shall have similar residence
requirements as those within the City, except that they need not
have resided in the City for one ( 1 ) year . Members of the
Commission shall be selected without respect to political
affiliations and shall serve without compensation . Members may
be removed for cause by a majority vote of the council . "
Amending 11-2-404 C , COMMISSION , 2 . , by the addition thereto of
the following at the end of the present paragraph :
"Pursuant to Section 67-6520, Idaho Code , the Commission
may appoint hearing examiners for hearing applications for
subdivision and variance permits , and requests for zoning
district boundary changes which are in accordance with the
plan , and conduct all business in accordance with Idaho Code,
Section 67-6520" .
5. Amending 11-2-404 D , Council , 1 ) by the addition thereto
of the following,
"c . Pursuant to Section 67-6520, Idaho Code, the council
may appoint hearing examiners for hearing applications for
subdivision and variance permits , and requests for zoning
district boundary changes which are in accordance with the
plan , and conduct all business in accordance with Idaho Code,
Section 67-6520" .
"d . The council shall perform such other duties as set
forth herein " .
6. 11-2-405 C, Use and Bulk Regulations , 1 . at the end of
the paragraph 1 . , the term "conditional use" shall be replaced
with "variance" .
7. 11-2-405 C 2, Bulk , the phrase "conditional use" at the
AMBROSE, end of the section shall be replaced with "variance" .
FITZGERALD
it CROOKSTON
8. 11-2-406 B, Avoidance of Undue Hardship, in the fourth
Attorneys and
Counsellors
P•O•Box 427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
'o"d OF THE CITY OF MERIDIAN --- PAGE 4
TNaphona 88&4161
line the language "or amendment" should be deleted and after the
word ordinance there should be placed a comma and the date April
2 , 1984 .
9 . 11-2-406 C, in the fourth line the language "or
amendment" should be deleted and after the word ordinance there
should be placed a comma and the date April 2 , 1984.
10. 11-2-407 B 2 d , should be amended to read as follows ,
"to have narrower or smaller rear yards , front yards , side yards ,
or other open spaces ; and" .
11 . 11-2-407 C, Official Schedule of District Regulations
Adopted , second paragraph in the second line the word
"agricultural " should be deleted .
( POSSIBLY AMEND 11-2-408 B . , ZONING DISTRICTS
1 . R-4 TO SPECIFICALLY STATE THAT ONLY SINGLE FAMILY
DWELLINGS SHALL BE PERMITTED AND NO CONDITIONAL USES)
12 . 11-2-409, ZONING SCHEDULE OF USE CONTROL , A,
Residential , should be amended to allow only single-family
dwelling units in the R-4 District and that conditional uses for
any other purpose than single-family dwelling units shall be
prohibited . p., pL►.)“ 17? ,��s�-- ; � (11--
13. 11-2-409, Commercial -Churches , should be amended so that
they are a permitted use in the Old Town District . Child Care
Centers should be a conditional use in the C-G Zone. Under Bars ,
Alcoholic Establishments , they should be a conditional use in the
Old Town Zone.
14 . 11-2-409, ZONING SCHEDULE OF USE CONTROL , C, Industrial ,
should be amended to remove from the "Fabricated Metal Products
( Except Major Welding and Foundry Operations" the "Major Welding" .
15. 11-2-410 A, Zoning Schedule of Bulk and Coverage
Controls , the A District and its associated requirements should
be deleted , and the I under Districts should be changed to I-L .
Also, an asterisk (*) should be added under R-15, Minimum Yard
Setback Requirements from road right-of-way interior side so that
the street frontage is determined on the cul -de-sac lots at the
setback line.
16. 11-2-410 B 4, Architectural Projections, should have
the word "chimney" added after the words "covered patios " and
before the word "and" .
AMBROSE,
a RoosoN 17 . 11-2-410 D 1 B(4 ) , should be changed to read as follows ,
"The use shall be considered as a Commercial Use" .
Attom.ys and
Counselors
P.O•Box 427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
Mendian,Idaho OF THE CITY OF MERIDIAN --- PAGE 5
Telephone 038.4411
18. 11-2-410 D 1 B( 5 ) , shall be changed to read as follows ,
"pay the fee of $80. 00" .
19 . 11-2-410 D 1 B ( 7 ) , should be changed to read as follows :
" If there are no objections filed within the time for filing the
same the zoning administrators may grant the request" .
20. 11-2-413 C 1 , should be repealed . 04)44. .
\� aft f
21 . 11-2-413 C 11 , should be repealed .) 14. oma-
22. 11-2-414 D, Design Standards For Off Street Parking,
should have added to it a 3 . , which would state as follows :
"3. Drainage : A drainage plan designed by an architect
or an engineer shall be submitted and required for all
off street parking areas and shall be approved by the
City Engineer. "
Also, in that section 11-2-414 D . some requirement for parking
space requirements for schools should be added , and review the
number of parking spaces required for a nursery and day care
centers relating to the number of children and staff.
23. 11-2-416 B, Initiation of Zoning Amendments , last
paragraph shall have the following deleted, "When a zoning
amendment and development request are issued simultaneously, the
procedure that shall be followed shall be that which is outlined
in Section 4, Title 9, Chapter 6, of the City Ordinances entitled
Subdivision Approval Procedure" .
24 . 11-2-416 C 17, should be repealed .
25 . 11-2-416 E, Procedures , 1 ) should be amended to read as
follows :
"The applicant shall provide the City Clerk with the names
and addresses of property owners within 300 feet of the
external boundaries of the land being considered , and any
additional area that may be impacted by the said application ,
as determined by the commission and fifteen ( 15) days prior
to the hearing set pursuant to 11-2-416 E 2 b, post a copy
of said notice on the property under consideration and
deliver to the zoning administrator a notorized statement
that he has posted the property and the date the posting was
placed . "
AMBROSE, 26. 11-2-416 E . 2, shall be amended as follows , "The
FITZGERALD
&CROOKSTON commission shall :
Attorneys end
Counsebrs
P•O•Box 427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
"li"dian'Ids"
OS42 OF THE CITY OF MERIDIAN --- PAGE 6
Telephone 698.4461
/'1
a. Give notice of the hearing, at least fifteen ( 15) days
prior to the hearing, by certified mail to property owners
within the land being considered and to owners within three
hundred ( 300) feet of the external boundaries of the land
being considered and any additional area that may be impacted
by said application as determined by the Commission . Said
notice by certified mail must be deposited with the United
States Post Office at least fifteen ( 15 ) days prior to the
hearing . Said notice shall contain a vicinity map of the
property, a brief statement of the nature of the application ,
the name and address of the applicant . When notice is
required to two hundred ( 200) or more property owners or
residents , in lieu of the mail notification , notice of the
proceeding and hearing required hereby may be given by
publishing the notice for two (2) consecutive weeks in the
official newspaper of the City of Meridian provided that the
second notice appears ten ( 10) days prior to the public
hearing .
b. Prior to recommending an application , conduct at least
one ( 1 ) public hearing in which interested persons shall have
an opportunity to be heard . At least fifteen ( 15) days prior
to the hearing, notice of the time and place and a summary
of the application to be discussed shall be published in the
official newspaper or paper of general circulation within the
City of Meridian .
c . Within forty-five (45 ) days from the hearing, transmit
its recommendation to the Council with supportive reasons .
The Commission may, however , continue the matter from meeting
to meeting if it finds that it does not have sufficient
information to make a decision . The Commission shall
recommend that the application be approved , approved with
conditions or denied . The Commission shall insure that any
approval or approval with conditions of an application shall
be in accordance with the Comprehensive Plan , this Ordinance
and State law.
d . Maintain a record of the hearing, findings made and
actions taken .
27 . 11-2-416 F 1, should be amended such that it reads as
follows :
"Hearing, The Council shall conduct at least one ( 1 ) public
hearing following the notice and requirements contained in
11-2-416 E . 2. , and the Council having given notice as
AMBROSE, required by 11-2-416 E. 2. a . by ordinary first call mail .
FITZGERALD
&CRoolcsTON 28. 11-2-417, needs to be amended by deleting from the
Attorneys and
Counselors
P.O.Sox 427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
Meridian,Idaho OF THE CITY OF MERIDIAN --- PAGE 7
6:612
Telephone 888.4461
second paragraph of that section the following language, "And a
statement of the owner granting to the City a lien against the
property to secure the payment of all costs incurred by the City,
including engineering, publication and attorney costs and fees .
29. 11-2-418 B, needs to be amended by the deletion in the
second sentence of the phrase "or lessee" .
30. 11-2-418 B 12, 14, 15 and 18 need to be repealed .
31 . 11-2-419 B 22, needs to be repealed .
32 . 11-2-422 A 1 , needs to be revised to change the Fee
Schedule.
33. 11-2-422 E, needs to be amended by the deletion of
everything in the section , except the following language , " If all
fees are not paid , the City may revoke any zoning permit,
conditional use permit , accessory use permit , variance, occupancy
permit, zoning certificate initially given the applicant , and in
the case of an annexation procedure, the City may de-annex said
property" .
34. 11-2-424 A 2. , on the Fence Designations , the drawings
should show the dimensions around the water meter to be 4 ' x 4 ' .
35. 11-9-604 C, Requirements of Preliminary Plats 6. m. ,
should be amended to read as follows , "Any proposed or existing
utilities , including, but not limited to, storm and sanitary
sewers , irrigation laterals , ditches , drainages , bridges ,
culverts , water mains, fire hydrants , street lights , and their
respective profiles" ._. lkoJC)-%
36. 11-9-605 J. Fences , needs to be amended to add a
paragraph concerning the use of fences on top of berms . This
needs to be investigated .
37. 11-9-605 L . , should be added relating to Piping Of
Ditches , which would read as follows :
"Tiling of irrigation ditches , laterals or canals . All
irrigation ditches , lateral or canals , exclusive of natural
waterways , intersecting , crossing or lying adjacent and contiguous
to an area being subdivided shall be covered and enclosed with
tiling or other covering equivalent in ability to detour access
to said ditch , lateral or canal , or any part of said lands or
areas being subdivided touch either or both sides of said ditch ,
AMBROSE, lateral or canal . The City may waive this requirement for
FITZGERALD covering such ditch , lateral or canal , if it finds that the public
purpose requiring such will not be served in the individual case.
Anornsys and
Counselors
P.O.Box 427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
"a'`' Idaho
OF THE CITY OF MERIDIAN --- PAGE 8
Telephone 886-4461
S
Any covering program involving the distribution system of any
irrigation district shall have the prior approval of that affected
district . No subdivision plat shall be approved where the
subdivision is arbitrarily or artificially laid out to avoid being
adjacent to any irrigation ditch , lateral or canal to which it
would otherwise be naturally adjacent or which it would otherwise
naturally include.
38. 11-9-606 A. , RESPONSIBILITY FOR PLANS, should be amended
such that the existing paragraph is designated as paragraph 1 . and
a new paragraph added designated as 2 . which should read as
follows :
" It shall be the responsibility and liability of the
subdivider and owner of every subdivision to construct and
install every improvement shown on the plat of the
subdivision or represented to be included in the subdivision
at any presentation before the Planning and Zoning Commission
or the City Council and this responsibility and liability
shall run with the land and this responsibility and liability
shall be shown on the plat of the subdivision . "
39 . 11-9-617 A. 3. , there should be a drawing added showing
the sight triangles for fences .
DATED this day of May, 1991 .
JIM N, N-71LANNING AN[-
ZONING COMMISSION
AMBROSE,
FITZGERALD
&CROOKSTON
Attorneys and
Counselors
P•O•Box 427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
Meridian,1daho OF THE CITY OF MERIDIAN --- PAGE 9
Telophone/81-44/1
r'1 n
NOTICE OF SPECIAL MEETING
NOTICE IS HEREBY GIVEN that the Planning and Zoning
Commission and the City Council of the City of Meridian will hold
a joint special meeting at 6: 00 o ' clock p.m. , Tuesday, April 30,
1991 , at the Meridian City Hall , 33 East Idaho Street, Meridian ,
Idaho. The purpose of said meeting is to discuss the amendments
to the Zoning and Development Ordinances .
The public is welcome and but no comments and no testimony
will be taken regarding the above matter .
DATED this /JWhday of t)P ,-.. t , 1991 .
,d AC ' ` N "
l:t
AMBROSE,
FITZGERALD
d CROOKSTON
Attorneys and
Counselors
P.O.Box 427
Meridian,balm
$3642
Telephone 866.4461
HUB OF TREASURE VALLEY
OFFICIALS A Good Place to Live COUNCILMEN
JACK
NICEGA NN,City S,Treasurer is CITY OF MERIDIAN
JANICE GABS,Treasurer RONALD R.TOLSMA
BRUCE 0.STUART,Water Works Supt. E.BERTMYERS
ROBERT GIESLER
WAYNE G.CROOKSTON,JR.,Attorney 33 EAST IDAHO MAX YERRINGTON
EARL WARD,Waste Water Supt.
KENNY BOWERS,Fire Chief MERIDIAN, IDAHO 83642 Chairman Zoning&Planning
BILL GORDON,Police Chief Phone 888-4433 JIM JOHNSON
GARY SMITH,City Engineer
GRANT P.KINGSFORD
Mayor
April 12, 1991
Mr. Jim Boyd
The Winder Company
P. O. Box 7387
Boise, Idaho 83707
Dear Jim,
At the regular meeting of the Meridian Planning & Zoning
Commission held on April 10, 1991, we discussed the provision in
the Zoning & Development Ordinances that does not allow major
welding in a Light Industrial Zone, although it does allow
fabricated metal products.
It was the consensus of the Commission that we needed to either
clarify and define what is considered major welding or strike
this provision from the Ordinances. The Commission agreed that
this would be done along with some other changes needed sometime
this year.
Sincerely,
Ja . i e nn'"'�
Ci ' y Cl k &
Z . ing Administrator
pc: P & Z Members
111111111
ALL*AMERIC .4
91pINSURANCE
P.O. BOX 645 MERIDIAN, IDAHO 83642 (208) 888-1465
April 11, 1991
Honorable Mayor Grant Kingsford
City of Meridian
33 E. Idaho
Meridian, Idaho, 83642
Subject: Multi-Family Proposed Development
Dear Grant,
Your Planning & Zoning Commission members have requested direction
from you and the City Council regarding Meridian's stance on proposed
multi-family units, particularly duplexes, that are presented by
developers to the Commission for review. There is a feeling that council
members are sensitive to these types of proposals, to the point of being
negative on occassion.
Our request to you for guidance is generated by the following factors:
1. Meridian has been progressive and aggressive about promoting
economic growth.
2. The economic growth brings with it workers, many of whom are
renters, not home buyers.
3. Currently the average "entry" level home is costing about
$65,000 and is not affordable to many people attracted to our
Community because of our growth oriented attitude.
4. Developers and realtors have come before the Commission in
recent meetings expressing the real need for rental property
in our area.
Thus, the dilemma. Homeowners routinely have testified negatively about
multi-family rental being located in near proximity to their homes;
citing a decrease of property values, traffic, children, congestion,
crowded schools etc. etc.
We would prefer a joint meeting rather than a written response, perhaps
before a scheduled City Council meeting?
Best Regards,
OR. Johnson
s /es
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SUMMARY OF ORDINANCE 557 PAGE 1
0n 0ctober 1, 1991'
of the month, the Mer
0rdinance No. 5 57, whic
and the Subdivision and
in Ti.tle 11, ChaPters 2
Compi 1ed 0rdinances of
0rd i nance No. 557 reads
SUMMARY OF ORDINANCE 557
ORDINANCE NO. 557
at its |.egular meeting on the lst Tuesday
idian Citi Council passed and approved
h 0rd inanie amended the Zon ing 0rdinance
Devel opment 0rd'i nance which are contained
and 9, respective)y, of the Revised. and
the Ciiy of Meridian, the Title of which
as f ol lows:
AN0RDINANcE0FTHECITY0FMERI0IANAMENDINGCHAPTER2'
z0NINGoRDINANcE,ANDCHAPTERg,SUBDIVISI0NANDDEvEL0PMENT
o[ri ir'rnnci, BoTH 0F TITLE 11' br THE REvlsED AND couPILED
ORDINANCES OF THE CITY OF MEhIDIAN, lllHICH AMENDMENTS DO THE
ior-r-owme, t) nrennoltlo rur z0NlNG 0RDINANCE, IT cHAN.GES THE
JURiaDicTt0t'l 0F THE TouNG 0RDINANCE FRoM THE AREA 0F IMPACT T0
iii LNIIO THE CIIY HA. JUNISOTCIION OVER PURSUANT TO THE AREA OF
tMpACT A6REEMENTS; nr'liNos sECTt0N 11-2-403 B. DEFINITI0NS BY
noorNe, DELETING; nl4rnotno AN0 PUNCTUATING S0ME 0F THE
DEFiNiit0NSr REPEALs srcrl0N 11-2-404 c. I' AND RE-ENACTS sAlD
lEciion T0'0ELETE iHi nsqurREMENT THAT A pLANNTNG AND z0NING
COMMISSION MEMBER 5HqiI. BT ADDED FOR EACH ADDITIONAL 5'OOO
INCREASE IN POPULAiiON. AND TO SET THE TERM OF OFFICE OF
collNissiontRs AT slx YiARS; AMENDS sECrl0N l1-2-404 c' 2' BY THE
ADDITI0NTHERET00FTHEPow,ERBYTHEcoMMISSI0NT0APP0INTHEARING
ixntuHrns; AMENDS sECTI0N 11-2-404 D. 1. BY THE ADDITI0N THERET0
OFTI,IOSUBSECTIONSGIVINGTHECOUNCILPOl'1ERTOAPPOINTHEARING
EXAMINERS AND T0 pEnronu DUTIES AS REqUIRED BY --ltl-E-..z0NING0RDlNANci; AMENDS SEiirON 11-2-405 C. 1. AND 2 BY DELETING THE
vronos,coliotTI0NAL Uii' inrnrrn0M AND INSERTTNG "VARIANCE',; AMENDS
SECTION 11.2-406 C. BY DELETING THE WORDS UOR AMENDMENT' AND
ipirnrrne THE pHRASE'ApRlL 2, 1984"; AMENDS SECTT0N 11-2-407 B.
2.d.T0DELETEAN,.0"ANDINSERTTHEI.J0RD''0R..;AMENDSSECTI0N
11-2-407 C. T0 DELETE THE lrl0RD *AGRICULTURAL"; REPEALS-SECTI0N
it-z-qoe B. 1., Lot'l DENsITY REStDENTIAL DISTRICT, AND RE-ENACTS
into srcrloN, AND AMENDS sECTI0N 11-2-409, zolllI-NG lc!!.?^u.L! 0F usE
iolrrnoi, A.,' RESIDENTIAL, s0 B0TH STATE THAT 0NLy StNGLE-FAMILY
Olrrruiles, iUst-IC SCH00Li, nrio PLANNED RESIDENTIAL DEVEL0PMENTS
sHALL BE ALL01.1ED rN THE i-q oTSTRTCT; AMENDS SECTI0N 1l-2-409,
ZONING SCHEDULE OF USE CONTROL, B.' COMMERCIAL, TO S,TAT.E THAT
fttuncHrs ARE A PERMITTED USE lN-0LD T0lllN, CHILD CARE CENTERS ARE
A CONDITIONAL USE IN THE C.G ZONE, AND THAT BARS, AL(:OHOL
ESTABLISHMENTS ARE A CONDITIONAL IJSE IN OLD TOI'IN; AMENDS SECTION
11-2-409, Z0NING SCHEDULE 0F USE C0NTR0L, c., lND-US-TRIAL' T0
REMOVE FiIOM'FABRICATED METAL PRODUCTS" MAJOR 51ELDING; REPEALS
SECTION 11.2-410, ZONING SCHEDULE OF BULK AND COVERAGE CONTROLS'
A., AND RE-ENACTS SAID SECTION TO CHANGE THE REQUIREMENTS AND TO
DEIETE THE AGRICULTURAL DISTRICT AND TO CHANGE THE *]* DISTRICT
T0 "I-1"; AMENDS 11-2-410 B. 4. T0 ADD 'CHIMNEY' AS AN
ARCHITECTURAL PR0JECTI0N; AMENDS SECTI0N 11-2-4I0 D. 1. b. (4) T0
I
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FIT2GEFALO
achooKsroN
P.O. gor a27
B?t2
T.l.phon elar6l
SUl'lMARY OF ORDINANCE 557 PAGE
DELETE THE REQUIREMENT RELATING TO COVENANTS AND RESTRICTIONS;
AMENDS SECTION 11-2-4IO D. 1. b. (5) TO I]ELETE THE REFERENCE TO
C0STS 0F N0TICE, LTGAL AND ENGINEERING FEES; AMEN0S SECTI0N 1l-2-410 D. 1. b. (7) T0 DELETE IHE 'N0T" AND INSERT "N0"; AIvIENDS
SECTION 11-2-41i D. TO ADO A NEI^I SUBSECTION 6. TO STATE THAT
MULTI-STORIED SINGLE-FAMILY DWELI. INGS 14UST HAVE A MINIMUM OF 8OO
SQUARE FEET 0N THE GR0UND FL00R; REPEALS SECTI0N 1l-2-414 C. 1.
AND 1i.; AMENDS SECTI0N 1l-2-414 D. BY THE AD0III0N 0F A
SUBSECTI0N 3. DEALING l.llTH DRAINAGE; AMENDS SECTI0N L7-2-414f. (I) TO CHANGE "ONE SPACE FOR EACH BUS OR OTHER VEHICLE'TO "
SPACE F0R EVERY TEN CHILDREN'; AMENDS SECTI0N 17-2-4L6 B.
DELETE THE REQUIREMENT THAT A ZONING AND SUBDIVISION REQUEST
PR0CESSED AS SUBDIVISI0N APPL ICATI0N; REPEALS SECII0N 11-2-41617.; REPEALS SECTI0N l1-2-415 E. PR0CEDURE, 1. a. AND RE-ENACTS
SAID SECTION TO CHANGE THE REQUIREi4ENTS THAT AN APPLICANT MUST
PERF0RM IN 0BTAINING A Z0NING AMENDMTNT; REPEALS SECII0N 11-2-416E. PR0CEDURE, 1. c.; REPEALS SECII0N 11-2-476 E. PR0CEDURE, 2.
AND RE-ENACTS SAID SECTION TO SIATE THAT THT COMMISSION SHALI- GIVE
THE NOTICE OT HEARING RATHER THAN THE APPL TCANT; AMENDS SECTIONI1-2-416 F. 1. TO DELETE THE MAILING NOIICE REQUIREMENTS BY THE
APPLICANT AND HAVING THE CIIY PERFORM THAT TASK; AMENDS SECIIONII-2-4T7 TO DELETE THE REQUIREMENI THAT THI Ot,lNER GRANT A L IEN TO
SECURE PAYMENT 0F C0SIS; AMENDS SECII0N 11-2-418 L T0 REM0VE THE
ABlLITY OF A LESSEE IO APPLY FOR A CONDITIONAL U5E PERMIT; REPEALS
SEcTI0NS 11-2-41B B. 12, 14, 15, AND 18 T0 REM0VE THE REQUIREMENTS
OF 751 CONSENT, THE GRANTING OF A LIEN TO SECURE PAYMENT OF COSTS,A STATEMENT THAT THE USE DOES VIOLATE COVENANTS OR RESTRICTIONS,
AND REMOVING THE STATEMENT THAT NO CONDITIONAL USE !I ILI. BE GRANTEDIF IT VIOLATES THE COVENANTS OR RESTRICTIONS; REPEALS SECTION 11-
2-419 B. 22. REMOVING THE REQUIREMENT FROM THE VARIANCE PROVISIONS
THAT THE Ol.lNER GRANT A LIEN TO SECURE PAYMENT OF COSTS; REPEALS
SECTION 11-2-422 A. AND RE-ENACTS SAID SECTION REQUIRING
APPLICANIS TO PAY THE FEES ESIABLISHED BY THE CITY COUNCIL
PURSUANT T0 RES0LUTI0N; AND REPEALS SECTI0N l7-2-422 E. AND RE-
ENACTS SAID SECTION TO REMOVE THE REQUIREMENT THAT THE APPL ICANT
PAY THE LEGAL, ENGINEERING AND PUBLICATION COSIS AND GRANT A LIEN
TO SECURE THE PAYMENT THEREOF, BUT LEAVING THE LANGUAGE STATING
THAT IF THE FEES REQUIRED ARE NOT PAID THAT IHE CITY MAY REVOKE
ANY ACTION APPROVING THE APPL ICATION. 2) REGARDING THE
SUBDIVISION AND DEVELOPMENT ORDINANCI, IT REPEALS SECTlON 11-9-
604 C.4. c. AND RENUIIBERS 11-9-604 C.4. d. T0 11-9-604 C. 4. c.;
AMENDS SECTI0N 11-9-604 C. 5. a. b. AND c. T0 DELETE THE
REQUIREMENT OF TNENTY-SEVEN COPIES AND INSERIS THIRTY COPIES;
AMENDS SECTION I1-9-604 C.5. d. TO DELETE THE'/'COPIES ANDINSERTS IES OF CONCEPTUAL ENGINEERING PLANS AND CHANGES THE
,ADI'1 INISTRATOR' TO THE 'CITY ENGINEER" AS THE OFFICIAL TO
DETERMINE CONFORMANCE TO REGULATIONS, ORDINANCES AND STANDARDS OF
THE CITY; REPEALS SECTI0N 11-9-604 C.6. m. AND RE-ENACTS SAID
SECTI0N T0 ADD STREET L IGHTS; AMENDS SECII0N 11-9-604 H. 1. a. T0
DELETE'27'AND INSERT'30'C0PIES 0F THE PLAT; AMENDS 5-ECTI0N 11-
9-605 I. TO DELETE "COMMISSION.. AND INSERTS *COUNCIL" AS IHE
ENTITY THAT REVIEIilS C0vENANTS; AMEN0S SECTI0N 11-9-605 J., FENCES,
E.
ONE
TO
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AMAFOSE,
FITZGEFALO
tcaool(sroN
P.O. Bor.27
a}l2
T.l.phon. 86&a4tl
SUMMARY OF ORDINANCE 557
7. TO ADD A NEt.l SUBSECTION K. tiHICH SHALI. REQUIRE THAT FENCES TO
BE CONSTRUCT'ED ON BERMS BE SHOVJN ON THE PREL IMINARY PLAT; AMENDS
SECTION 11.9.605 J., FENCES, IO ADD A NEl.l SUBSECTION 8. IJHICH
SHALL REQUIRE THAT DEVELOPERS INTENDING IO CONSTRUCT BOUNDARY
FENCES SH0t,l THAT 0N THE PREL IMINARY PLAT; REPEALS SECTI0N i1-9-
605 J. 10. a. 12.; AMENDS SECTI0N 11-9-605 BY THE ADDITI0N THERET0
0F A NElil SUBSECTI0N M. T0 REQUIRE THAT DITCHES AND l.lATERIi,AYS IN
NEt,l SUBDMSI0NS BE PIPED; AMENDS SECTI0N 11-9-606 A. T0 RENUMBER
THE SECTION AND ADD A NEt.l SUBSECIION 2. STATING THAT II IS THE
LIAEILITY OF IHE SUBDIVIDER AND Ot.lNER TO SEE THAT IMPROVEMENTS
SH0l.,N 0N THE PLAT ARE C0NSTRUCTED; SECII0N 11-9-606 B. 13. IS
AMENDED TO ADD A NEI.i SUBSECTION C. REQUIRING THAT IHE LOCATION OF
STREET LIGHTS BE SH0llN 0N THE PLAT; SECTI0N 11-9-606 B. 14. IS
AMENDED BY THE ADDITION OF AN ADDITIONAL PARAGRAPH RELATING TO THE
t,lAIVER OF THE PRESSURIZED IRRIGATION REQUIREMENTS; REPEALS SECIION
11-9-615 A. 1. AND RE.ENACTS SAID SECTION IO REQUIRE THE
SUBDIVIOER TO PAY THE FEES ESTABLISHED BY IHE CtIY COUNCIL BY
RESOLUTION; AND PROVIDING AN EFFECTTVE OATE.
The prov'i sionsthe above title butas f ol I ows:
of 0rdinance No. 557 are
the principa l amendmen ts
accuratel y stated
of the 0rdinance
in
are
ZON I NG ORD I NANCE1. Amends the Jurisdiction of the Zon'i ng 0rd i nance to cover
land the City has jurisdiction over pursuant to the Area of Impact
Agreements between the City and Ada County.2. Deletes portions of, adds to, or amends some of the
existing definitions. Some of the changes are minoli nvolving
punctuat i on or adding to the def inition the effective date of the
original adopt'i on of the Zoning 0rdinance, Apri I 2, 1984, The
following refl ec t the changes of s ignif icance:
Appl icant is changed to mean any person submitting a request
for rezone, conditional use, accessory use, annexation, or
request to be a'l lowed to make any app'l ication authorized
under this ordinance,
Automob'i 'l e f,lrecking Yard is changed to ref lect
per i od rather than a 60 day tjme per j od as thefor the holding of an unl icensed veh'i cle before
holding js deemed a wrecking yard.
a 30 day t i me
t i memax l mum
the pl ace of
Clinic (Medical, Dental, 0ptical) is changed to mean a
building (other than a hospi tal ) used by one (1) or more
heal th care practit'i oners for the purpose of care, diagnosis
or treatment of s'i ck, ai'l ing, infirm, or injured patients,
or those who are in need of rnedical and surgical attention,
but which building does not provide board, room.or regu'l ar
hospital care and services."
PAGE - 3
AMBFOSE,
FITZGENAIO
I CROOXSTON
P.O. Box a27
l3L2
T.l.plron. 8t&al6 !
SUMt'lARY OF ORDINANCE 557 PAGE
Commerc i a I Use or Business is ch anged to mean the purchase,sale 'or other transaction involving the handling oidisposition of any article, substance or commodity, oi thedispensing of services for livel ihood or prof .i t; bwnershipor managemen t of of f ice bui ldings, of f ices f or recreational,entertainment or amusement enterprises or the ma i n tenance anduse.of_off ices by professions and trades rendering servicesis 'i ncluded in this def inition.,,
Conva'l escent or Nursing Home, Rest Home iany home, place or institution which operf aci'l ities providing convalescent, or chrofor a per i od in excess of twen ty-four (24)for two (2) or more patients not rel ated byto the opera tor, and said patients, who by
s changed to meanates or maintainsnic care, or both,
consecut ive hours
blood or marliage
reason of i llness
Ag r i c u I t u r a I
or inf irmity, are unable to proper ly care for themselves.
Distri ct or Zone is changed to delete theZone as a zone within the city.
Entertainment Facilities (Commer.cial) is changed to mean anystructure housing any "for prof it,, activity, which isgeneral ly related to the entertajnment f ield, such as motionpicture tieaters, taverns, night clubs, cocktai I lounges,bowling al'l ies, and simi lar entertajnment act'i v jt jes.',
Fence is added as a def inition which
especia1'l y an enclosing bart..i er, as onefrom within or intrusion into,
mean s an enc'l osure;to prevent straying
Fen ce, 0pen is added as a def inition
does not restrict or irnpede vis'i on orby rnore than twe n ty percent.
which rneans a fence thatsight through the fence
Lot, Flagthe shape
shal I haveplace on afrontage.
lot, is added as a def injtion wh'i ch means a lot jn
of a flag on a po'l e or similar design. A flag lot
a minimum frontage of thjrty (30) feet and a houseflag lot shalI h ave the house facing the street
Highway definition is changed to mean the ent ire width
between the boundary I jnes of evel'y way publ icly maintained
when any par t is open to the use of the publ ic for vehiculartraff ic, wi th jurisdict ion extending to the adjacent property
I ine, includjng sidewalks, shou l ders, berms, and rjghts-of-
way not i n tended for motori zed traf f ic. The term rstreet'
is interchangeabl e w'i th h ighway.
I mpac t Ar ea is changed to delete the I anguage which indicatedthat the Zoning 0rd inance app'l ied to alI land in- the lmpactArea rather than just the land over whjch the City hasj ur i sd i c t i on.
4
AMBFOSE.
FITZGENALO
I CBOOKSTON
P.O. Bor 427
8llia2
T.l.phoo. 8€6-aaCl
Ownership is changed to mean the indivirjual, firm,association, syndicate, partnership or corporali on wh6is the owner of property.
P r o f e s s i o n a 1'. 0 f f ices is changed to mean structures wherethose engaged in a profess i on conduc t their bus j ness andactivity".
lla'l kway is changed to delete the phrase ,,f .i ve (5) feet ormore in width."
3. The terms of the plann.i ng and Zon i ng Commission arefixed at six (6) years and the requil.ernent that a new Commissionmember be added for each add it iona I 5,000 i ncrease in population
i s de I e ted .
1. The City Counc i I and the p lann i ng and Zoning Commi s s ionare gi ven the authori ty to appo in t hear.ing officers, "
5. The Use and Bulk Regulations are amended to ref lect thatt!9-r9.'i ance procedure rather than the condi t.i onal use procedure,will be used for an applicant to obta in use and bulk regu'l ationchanges.6. There are severa I changes to more precisely ref 1ec t thatApriI 2, 1984, is the date from which gr:andfather ri ghts aredetermined rather than the date of enactmdnt of the ord'i"nance or'i ts amendmen t.. The Agricultural Zone is deleted from the Zoning0rdinance as an authori zed zone.8. The R-4, Single Famj ly Residential Zone restrictions areamended to reflect that no uses other than s.i ngle-familyalg]t ings,_ -public school s, or pl anned residential aeieiopmentswill be allowed in that zone. The Schedule of Use Conliol isamended to ref Iect this change.9, The Schedule of Use Control is amended to refl ect thatChurches are a perm i t ted use in 0ld Town, that Child Care Centersare a conditional use in the C-G Zone, that Bars, AlcoholicEstablishments are a conditional use in Old Town, and that MajorWelding is removed from the Fabri cated Metal products.
10. The Zoning Schedul e of Bu lk and Coverage Controls, isamended to remove the A District and i ts associ ate-d requirements,the I under D'i stricts is changed to I -1, and an asteri sk (*) i;added under R-15, Minimum Yard Se tbac k Requjrements from roadright-of-way interior s'i de so that the street frontage isdetermjned on the cul -de-sac lots at the setback 'l ine, ind afootnote (7) is added stating that ',0n corner lots in ResidentialDistricts, the rear set back may be determined on a side of the
s truc ture, at the option of the bu i l der", and a (7) shall be added
un der Minimum Yard Set Back Requj rements under Rear Set Bac k inthe R-4, R -8, R- l5 and R-40 Districts, and the phrase_,'From RoadRight-of -l'lay" is be deleted from "Minirnum Yard Setback Requirementfrom Road Ri ght-of -V,lay".11. Chimneys are added to the list of architectura'l
SUMI4ARY OF ORDINANCE 557 PAGE - 5
P.O. Bor a2?
t3!42 SUMMARY OF ORDINANCE 557 PAGE 6
the
proj.ections..12. Several sections are arnended or l.epealed to delete therequirement that appl icants pay the legal, engineering andpubl ication costs of process i ng the appl icit ion and grant i I iento secure those costs and regard i ng condi tional use -permi ts therequirements that the appl icant stite ttre use does not violatecovenants or deed restrictions and obtain the consent to 75I ofthe proper ty owners within 100 fee t, are deleted.13. The amendmen t now requ i res that all mul t i -s torj ed singlefamily dwel l ing_s have a minimum of 800 square feet of 'l .i ving spaceon the ground f loor.14. Two sections of the Zoning 0rdinance relating toaccessory.buj ldings- and home occupations were repealed since theywere dupl icative of existing sections.15. Dra i nage plans were added as a requirement for off-street park i ng and the park ing spac e r.equirement for nurseryschool!, day care centers and i i ndergartens was ch anged to onespace_for every ten children p'l us one space per staff -member.
.16. The requirement that a dual request for a zoningamendment and a deve'l opmen t, be processed under the devel opmentapproval procedure process was del eted.
. 17. The requirements to be fulfi lled by an appl icant for azoning. change, wh ich also appl y to other applications, werechanged so that the appl icant sti I I provides the names of piopertyovtners wjthin 300 feet, certif ies that the 'l ist is correct, anap0s ts the property with the not'i ce of hearj ng and certif jes thathe so pos ted the property, but the C.i ty perfoims most of the othernotice requirements, conducts the hearings on the appl ication,
mus t act on the appl'i cation within a ceitain time per i od, andkeeps a record of all proceedings.18. Removes the ability of a lessee to apply for acondi tional use p erm'i t.19. The fee schedule is repealed and authori zes the CityCounci I to prov j de for a fee schedule wh ich all appl icants mustpay before the appl jcation is accepted and 'i f for s ome reason thefee is not paid any approva I may be revoked.20. The fence illustration is arnended to change ,,chain l.i nkfenceu to "open fence" and to show that a 4'x 4, gr:ound area mustbe left open around uti lity accesses.
SUBDI VISION AND DEVEL(]PI,IENT ORDI NANCE2L. Several sections are amended or repealed to deleterequirement that applicants pay the I ega 1, engineeringpubl ication costs of processing the app'l icJtion and grant i 'l
to secure those costs,??. The number of required copies to be subm.i tted js chanfron 27 to 30 for both prel iminary and final plats but the numof copj es of conceptua'l engi neer i ng plans is ieduced form 7 to23. The official to check prel iminary plat draw.i ngschanged from the Zoning Administrator to the C ity Engineer.24. The placement of street lights are added to
requ irements of the prel imi nary p1at.
the
and
i en
ged
ber
4.
is
AMBROSE,
FITZGEFALO
I CFOO(SrON
AMBROSE,
FITZGEFALO
E CAOOXSTON
P.O.8or427
t3lta2
T.l.rhon. e8&aa6l SUMMARY OF ORDINANCI 55i PAGE
-25. The govern i n9 body to approve subdivision covenants andrestri ctions is changed from the Plann.i ng and Zon.i ng Commj s s ionto the City Council.26. Addjtional fence regulations are added which requirethat a fence to be constructed-on top of a berm o,^ consl '^rc idO asa boundary fence sha-lI be shown on the preliminary plat showingthe specif ications of the fence.27. A new section is added to the subdjvisjon requirementsthat a.l I w-aterways, irrigation ditches, laterals o" cinals,exclusive of natura I waterwiys, shal I be covered and enc I osed withti ling.28. The owner of the land, and the subdivider thereof, aremade responsible and liable ior construction of a'l I of' thei mp rovemen t s s hown on the plat or represented to the City ai belngincluded in the development.29. The fee schedu'l e is repea I ed anrj authori zes the CityCouncil to provide for a fee schedule wh.i ch a'l I applicanti mustpay be fo re the app'l ication is accepted.30. The fence illustration is amended to change ,,chain
l ink fence" to "open f ence,, and to show that a 4' x 4, g"round areamust be I eft open around uti I ity accesses.
The 0rdinance is effec t i ve upon passage, approva'l andpubl ication of this Summary accord ing to iaw.
f ul'l text of 0rdinance 557 is avai'l ab'l e at the
.,33 East Idaho, Merid'i an, Idaho, and wjll beby the City C'l erk to any citizen upon personal
ATTORNEY'S CERTIFICATE
CityA. (
rev i
Mer i
The underslsnea, |,lAYNE G. CR00KST0N, JR., in his capacity asnttorney of the City of l,4eridian, pursuant to Section 50:9013), Idaho Code, as amended, hereby certifies that tLe hiietved the above Summary of 0rd'i nance No. 5 57, of the City ofdian, Idaho, and finds the same to be true ind compl ete' andides adequate notice to the public of the provisions of thenance.
Th e
1t
U
Mer i d i an
promptly
request.
C i ty Haprovide
prov
0rd i
DATED thi, _ day of 0c tober, 1991.
E-AYNr -6. -r[00rsT0N'; -JP
C I TY
C I TY
ATTORNEY
OF MERIDIAN
7
t
AMBFOSE,
FfircEAALO
I CROOXSTON
P.O. 0or a27
Lta2
Td.!no.. t8&4441
L I {a"x- e-
oitt,ssfORDINANCE NO.
1 OT THE CITY OF MNRIDIAN AMENDING CHAPTER 2,
, . AND CHAPTER 9, SUBDMSION AND DEVELOPUENTr,\JrD 0r rrrlE 11, oF THE REvrsED AND colr{prLED
ORDINANCES OF THE' CITY OF MERIDIAN, WHICH AIITENDIIENTS DO TEAFOLLOWING: 1) REGARDING TEE ZONING ORDINANCE, IT CHAIIGES fHEiIURISDICTION OF THE ZONING ORDINANCE FROII,I THE AREA OF IMPACT ?OTHE LAND THE CITY IIAS JURISDTCTION OVER PURSUANT TO TEE AREA OFII1PACT AGREEMENTS, AMENDS SECTTON 11-2-403 B. DEFINITIONS ByADDING, DELETING, AI,IENDING AND PI'NCTUATING SOME OE' THEDEFINITIONS; REPEALS SECTION 11-2-404 C. 1. AND RE-ENACTS SAID
SECTION TO DELETE THE REOT'IREMENT THAT A PLANNING AND ZONINGcowlssloN MEMBER SHAIL BE ADDED FOR EACII ADDTTIONAT 5,OOOINCREASE IN POPI'IATION AND TO SET THE TERM OF OTFICE OF
COIqMISSIONERS AT SIx YEARS, A.I4ENDS SECTION 7l-2-404 C. 2. By THEADDITION THERETO OF THE POWER BY THE COMMISSION TO APPOINT HEARfNG
EXAITIINERS; AMENDS SECTION Ll-2-404 D. 1. By TIIE ADDITION TEERETOOF TWO SUBSECTIONS GIVING THE COI'NCIL POWTR TO APPOINT HEARINGEXAMINERS AND TO PERFORM DUTIES AS REQUIRED BY TEE ZONING
ORDINANCE, AIIiENDS SECTION 11-2-405 C. 1. AND 2 By DELETING TIiE
WORDS iCONDITIONAI USEi TEEREFROM AND TNSERTING iVARIAIICE', AIqENDS
SECTION 11-2-406 C. BY DELETING THE WOPDS "OR AMENDITIENT' ANDINSERTING THE PHRASE iAPRIL 2, 1984 ; AIvIENDS SECTION LL-2-4O7 B.2. il. TO DEIETE AN nOn AND INSERT THE WORD nORr; AI,IENDS SECTfONLl-2-407 C. TO DELETE THE WORD nAGRICULTURALi; REpEAIS SECTION11-2-408 B. 1., LOW DENSITY RESIDENTTAL DISTRTCT, AIiID RE-ENACTS
SAID SECTION, AND AUENDS SECTION LL-2-409, ZONING SCHEDUIE OF USE
CoNTROL, A., RESIDENTIAL, SO BOTE STATE THAT ONLY SINGLE-FA},II1Y
DVIELLINGS, PITBLIC SCEOOLS, AND PLANNED RESIDENTIAL DEVELOPMENTS
SIIALL BE AILOWED rN THE R-4 DISTRICI, AHENDS SECTION L!-2-409,zoNING SCEEDUL,E OF USE CONTROL, B., COMITIERCIAL, TO STATE THAT
CIIURCHES ARE A PERIT{ITTED USE IN OLD TOWN, CHILD CARE CENTERS AREA CONDTTIONAI USE IN THE C-G ZONE, ATiID THAT BARS, ALCOEOL
ESTABLISEITIENTS ARE A CONDITIONAI USE IN OLD TOWN; AMENDS SECT]ON\\-2-409, zoNING SCHEDULE OF USE CONTROL, C., INDUSTRTAT, TO
REMOVE E ROM iFABRICATED IIETAI., PRODUCTS", MAJOR WELDING, REPEALS
SECTION LT-2-4I0, ZONING SCIIEDUI.,E OF BULK AND COVERAGE CONTROI,S,A., AND RE-ENACTS SAID SECTION TO CHANGE THE REOUIREMENTS AND TO
DELETE TITE AGRICULTURAL DISTRfCT AND TO CHAIiIGE THE NfN DTSTRICTTO "f-L'i AI,IENDS 11-2-410 B. 4. TO ADD "CHUTINEY ' AS AN
ARCEITECTUR;AL PROJECTION; AI1IENDS SECTION 11-2-410 D. 1. b. (4) TO
DELETE TEE REOUIREMENT RELATING TO COVENANTS AND RESTRICTIONS;
AMENDS SECTTON LL-2-4L0 D. 1. b. (5) TO DELETE THE RETERENCE TO
COSTS OF NOTICE. LEGAL AND ENGINEERING FEES, AMENDS SECTION 11-2-
410 D. 1. b. (7) TO DELETE THE llNOT! AND INSERT nNO"; AIIENDS
SECTION 11-2-411 D. TO ADD A NEW SUBSECTION 6. TO STATE TIIAT
MUTTI-STORIED SINGTE-E'AMILY DWEI,LINGS MUST HAVE A MINIM[,Ii,1 OF 8OO
SQUARE FEET ON THE GROIIND FLOOR; REPEALS SECTION Ll-2-414 C. l.
AND 11.; AMENDS SECTION L1-2-474 D. BY THE ADDITION OF A
ORDINANCE AIITENDING THE ZONING ORDINANCE
Page - 1
I
AITBROSE,
NTzGENALD
tCF@IGTON
P.O lor 42?
Xr5Llt,ld.ioga:t
Llolrori.taaall
SUBSECTION 3. DEALING WITH DRAINAGE; AMENDS SECTToN l1-2-4L4 E.f. (1) TO CBANGE NONE SPACE FOR EACH BUS OR OTEER VEHICLE' TO iONE
SPACE FOR EVERY TEN CITILDRENn; AMENDS SECTION 11-2-416 B. TO
DELETE THE REQUIREMENT THAT A ZONING AND SUBDIVISION REQUEST BE
PROCESSED AS SUBDMSION APPLfCATION, REPEALS SECTION 11-2-416 C.17., REPEAIS SECTIoN LI-z-{LG E. PROCEDURE, 1. a. AND RE-ENACTS
SATD SECTION TO CHANGE THE REQUI REMENTS THAT AN APPLTCANT II,IUST
PERTOR!{ IN OBTAINING A ZONTNG AMENDTiENT, REPEALS SECTION ll-2-416E. PROCEDT RE, 1. c.; REPEAL,S SECTION ll-2-416 E. PROCEDURE, 2.
AND RE-ENACTS SAID SECTION TO STATE THAT THE COWISSION SHAI.,L GIVETEE NOTICE OF HEARING RATHER THAN THE APPLICANT; AMENDS SECTIONLI-2-4L6 F" 1. TO DELETE THE MATLING NOTICE REQUIREMEMTS BY TEE
APPLICANT AND HAVING THE CITY PERFORM TIIAT TASK; AMENDS sEcTIoNL7-2-4L7 TO DELETE TIIE REQUIREMENT THAT THE OWNER GRANT A LIEN TO
SECURE PAYMENT OF COSTS; AII{ENDS SECTION 11-2-418 B. TO REMOVE THEABILITY OT A LESSEE TO APPTY FOR A CONDITIONAL USE PERMIT, REPEAJ,S
SECTIONS 11-2-418 B. 12, L4. 15, AND 18 TO REMOVE THE REQUTREI{ENTS
OF 75I CONSENT, THE GRANTING OF A LIEN TO SECURE PAYMENT OF COSTS,A STATEMENT THAT THE USE DOES VIOLATE COVENANTS OR RESTRICTIONS,
AND REMOVING BEE STATEMENT TIIAT NO CONDITIONAL USE WILL BE GRANTEDIr IT VIOLATES TEE COVENANTS OR RESTRICTIONS, REPEAIS SECTION 11-2-419 B. 22. REMOVING THE REQUIREII{ENT FROM THE VARIANCE PROVISIONS
TEAT THE OWNER GRANT A LIEN TO SECURE pAyIr,tENT OF COSTS, REPEAIS
SECTION II-2-422 A. AND RE-ENACTS SAID SECTION REQUIRING
APPLICANTS TO PAY THE FEES ESTABLISHED BY THE CITY COUNCIL
PURSUANT TO RXSOLUTION; AND REPEAIS SECTION IL-2-422 E. A},ID RE-
ENACTS SAID SECTION TO REMOVE THE REQUIREMENT THAT THE APPLICANT
PAY TEE LEGAL, ENGINEERING AND PUBLICATION COSTS AND GRANT A LIENTO SECURE THE PAYI(ENT THEREOF, BUT LEAVING THE LANGUAGE STATINGTIIAT IF THE FEES REOUIRED ARE NOT PAID THAT THE CITY MAY REVOKEANY ACTION APPROVING THE APPLICATION. 2) REGARDING THE
SUBDMSION AND DEVELOPUENT ORDTNANCE, IT REPEAIS SECTION 11-9-
604 C. 4. c. AND RENITMBERS 11-9-604 C. 4. d. TO 11-9-604 C. 4. c.;
AMENDS SECTTON 11-9-604 C. 5. a. b. AND c. TO DELETE fgE
RXOUIREII{ENT OF TWENTY-SEVEN COPIES AND INSERTS THIRTY COPIES,
AII{ENDS SECTION ].1-9-504 C. 5.
'I.
TO DELETE TEE N7N COPIES AND
TNSERTS N4i COPIES OF'CONCEPTUAI., ENGINEERING PLANS AND CHANGES TEEIIADMINISTRATORII TO THE 'CITY ENGINEER" AS THE OFFICIAL TO
DETERMINE CONFORMANCE TO REGUTATIONS, ORDINANCES AND STANDARDS OF
fHE CITY; REPEALS SECTION 11-9-604 C. 5. m. AND RE-ENACTS SAID
SECTTON TO ADD STREET LIGHTS; A!/IENDS SECTION 11-9-504 H. 1. a. TO
DEIETE "27' AND INSERT n30i COPIES Or THE PLAT; AMENDS SECTION 11-9-605 I. TO DELETE I'COMII,IISSIONN AND INSERTS 'ICOUNCILN AS TEE
ETiITITY THAT REVIEWS COVENANTS; AIIIENDS SECTION 11-9-605 J., FENCES,7. TO ADD A NEW SUBSECTION K. WIIICH SHAIL REQUIRE TI1AT TEIiICES TO
BE CONSTRUCTED ON BER!,IS BE SEOVIN ON THE PRELIIqINARY PLAT r A!/iENDS
SECTION 11-9-605 J., FENCES, TO ADD A NEW SUBSECTTON 8. WHICIT
SIIAIJL REQUIRE THAT DEVELOPERS INTENDING TO CONSTRUCT BOIJNDARY
FENCES SHOW TEAT ON THE PRELIMINARY PLAT; REPEALS SECTION 11-9-
605 J. 10. a. 12., AIIENDS SECTION 11-9-605 BY THE ADDITION THERETO
OE A NEW SUBSECTION M. TO REQUIRX T}IAT DITCEES AND WATERWAYS IN
ORDINANCE A.I{ENDING TEE ZONING ORDINANCE
Page - 2
araaosE.
FlrZOENALO
I CnOOX8TON
P.O. lor ain
taaa2
T.h9ho.r 6&aat1
NEW ST BDMSIONS BE PIPED, AI4ENDS SECTION 11-9-60 6 A. TO RENITII{BER
TEE SECTION AND ADD A NEW SUBSECTION 2. STATING TEAT IT IS TITE
I,IABILITY OT EIIE SUBDIVIDER AND OWNER TO SEE THAT II{PROVEITIENTS
SIIOWN ON THE PLAT ARE CONSTRUCTED i SECTION 11-9-606 B. 13. fS
AMENDED TO ADD A NEW SUBSECTION c. REQUIRING TEAT TEE LOCATION OF
STREET LIGHTS BE SHOWN ON THE PLAT, SECTION 11-9-606 B. 14. rS
N{ENDED BY THE ADDITION OE'AN ADDITTONAL PARAG RAPH REI,ATING TO THE
WAII{ER OF TIIE PRESSURTZED IRRIGATION REQUIREIIENTS; P;EPEAIS SECTION11-9-'615 A. 1. AND RE-ENACTS SArD SECTTON TO REOUIRE TflE
ST'BDIVIDER TO PAY THE TEES ESTABLISHED BY THE CITY COUNCTL BY
RESOLUTTON, AND PROVIDING AN EFFECTIVE DATE.
yIIIEREAS, a petition to amend the Zoning Ordinance and the
Subdivislon and Development Ordinance of the Revised andl Complled
Ordinances of the City of Meridian was subml-tted by the Planning
and zoning Commisslon to itself andl City Council;
WEEREAS, the petltLon recognized that two OrdLnancea
revisl-ons to correct typographical erors and omissions, needed
to include desirecl requirements. needed to be changes to reflect
Court mandated changes, and to delete some requirementsi
WHEREAS, the City has followed the Local Planning Act of 1975
and the Ordinances of the City of Meridian in processing the
Petition to amend the Zonlng Ordinance and the Subdivision andt
Development Ordinance the and has made and adopted Fintlings of
Facts and Conclusions of Lawi and
IIEEREAS, the City Council anal the Mayor of the City of
Meridian, fdaho, have concluded that it is in the best interest
of the City to amentl Title 11, Chapter 2 Zoning Ordinance, anal
Chapter 9, Subdlvlslon and Development Ordlnance, of the RevLsed
and Compiled Ordinances of the City of MeridLan, Ada County, and
be effective upon approval and publication as required by Iaw.
ORDINANCE AIVIENDING TIIE ZONING OP.DINANCE
Page - 3
AMBROSE,
FlrZOE8ALO
r cFoo(sloN
Cosnaalo.r
P.O. &r.27
L.ddl.lt. kllo
aiLal2
r.l.9tlo r. Lt-a.61
NOW, TEEREF9RE, BE IT ORDAINED BY THE II'AYOR OF THE CITY OF
I{ERIDIAN, AND TEE CITY COUNCIT OF THE CITY OF MERIDIAN, ADA
couNTY, IDAHO.
SECrION 1. That Section 11-2-401 C, ,JURISDICTION, of the
ZoninE Ordinance is hereby repealed.
SECTION 2. That Section 11-2-401 C, JURISDICTION, of the
ZonJ-ng Ordinance is hereby re-enacted and shal1 read as follows:
These regulations shal1 apply to the development of allland within the IegaI1y defined Meridian City llmits andto property outsl-de the Clty limits for which annexatLonhas been requested and to land the City has jurlsdictlon
over pursuant to Chapter 65, Title 67, Idaho Code, underthe Area of Impact agreements between -Ef,E-CfEfland Ada
County .
SECTION 3 That Section !7-2-402 A, INTENT AND PURPOSE,
of the ZonJ.ng Ordinance is hereby repealed.
SECTION 4 That Section LL-2-402 A, INTENT AND PURPOSE,
of the Zoning Ordinance is hereby re-enacted
follows:
and sha1l read as
The intent of this Ordinance sha11 be to implement ageneral guide for the use of the land in the Meridian
9ity limits and lantl over which the Ctty hasjurisdiction untler the Area of Impact Agreements bLtweenthe City and Ada County. This Ordinance sha11 be basedon the gfficially adopted Comprehensive pLan of the Cityof ltieridlan ancl l-s enacted in order to pronote and toplotect the public health, safety, comfor€, convenience,prosperity and general welfare and to achieve thefollowing obj ective s :
1. To promote the achievement ofMeridian Comprehensive Plani
the proposals of the
2. To advance the Clty of Mericlian as a self-sufficient
employment and economic center;
' 3. To improve the character and quality of Meriilianr s man-
made environment while maintaining its identity as a
ORDINANCE AII{ENDING THE ZONING ORDINANCE
Page - 4
AMSFOSE.
FIIIOEF LO
I CBOOXSTON
PO. &r1,
Xrblt6,lddro
..aa2
rd-l\oil. trt;aal
4
self-suf ficient community;
To encourage orderly gro\,rth and deve J.opment, therebyavoiding scattered alevelopment of Iand that results Lneither of the following:
a. The lack of !'rater supply, sewer service, d.raLnage,transportation facilities, or otherwise essentlalpubllc services; and
b. The unnecessary irnposition of an excesslve
expenditure to public funds for the supply of such
servJ.ces;
To protect residential, commercial, industrial and civicareas from the Lntrusion of incompatl-ble uses and toprovlde opportunities for establishments to concentratefor effLcient operatlon l-n mutually beneficialrelationehips to each other and to shared servlces.
To provide for desirable and approprlately locatedllving areas in a varJ.ety of dwe11lng types and at awlde range of population and denslties with adequateprovislon for sunIlght, fresh al-r and usable open space.
To promote safe, fast and efficient movement of peopleand goods and the provision of adequate off-streetparking and loading;
To encourage excellence and creativity in the dlesign ofaII future ilevelopments and to preserve the natural
beauty of Meridianr s setting;
To provide for the manner and form of preparing andprocessing applicationsi for establishment, modification
and/or variances from zoning districts and regulations.
5
6
7
.,
9.
10. To encourage grorrth in those areas of the Clty which(due to topography, soil characterLstics and othercompatible features) provide the most favorable
conditions for future comnruni.ty servlces such as sewer,water, transportation, school, parks, etc.;
11. To encourage the proper distribution and compatibleintegration of nel-ghborhoocl commercial uses into all
resLdential areas of the City,
72. To protect existlng waters (Five !li1e, Nine !111e and TenMlIe Creeks) through the establishment of easements
throughout the Cltyt
ORDINANCE AIi{ENDING TflE ZONING ORDINANCE
Page - 5
At{8FOS€.
FlTz6EAALD
I CFOO(SION
P.O. 3or a27
Lrtdllr, td.tro
Gta:
Td.Dnon e{rar
13.To protect recognized historic anil archLtectural
Iand.mark s throughout the City,
14. To establish reasonabLe standards to which buitdLngs orstructures shaLl conformi
15.
16.
t7.
18.
To l-nsure that additions to and alteratLons orremodeling of existJ,ng buildings or structures cornplywith the restrictions and llmitations imposed hereundLrl
To provlde protection against fire, explosion, noxiousfumes and other hazards in the interest of the publichealth, safety, comfort and the general welfarei
To insure that buildings and land wlthin the City areadequately maintalned to prevent physical deterlorltionand tax base erosion;
To speclfy the admlnlstration of the regulatione of theOrdinance by definlng the powers and dutl,es of approvalauthorLtles.
SECTION 5. That each definition in Section 11-2-403 8.,
the City of Merl-dian is
Section IL-z-403 B,
Definitions, of the zoning Ordinance of
treated as a separate subsection of
Definitlons, and only the subsections mentioned below are amended,
ileleted, or adtled to in Section 11-2-403 B, Definitions, the
remaining definitions rernain the same, and additions are
underlined antl deletions are stricken out, to wit!
4pp 1l cant
includes an
ORDINANCE AII{ENDING THE ZONING ORDTNANCE
Page - 6
subtlividingnodiflcation of any improvement onrson submittin are uest for rezone
con t ona use acce s so use annexa on or re ueat toallto na ean a cat on author ze erordnance .
- Any person initiatingor development of l anal
an application forfor the building orland. Applicant also
s
Appllcation - Proposals which are initiated by a peraon toEE-offiission and Councll for conslderatlon. dn ap'plicattonshalI Lnclude, but not limited to, zonLng amendments,conditional use permits, variances, prelJ-minary developmentplans or plats;. final development plans or p1ats, appeals,certificates of zoning compliance, certificates of occupancyand annexation.
^)'BAOSE,FITZX}EBAID
I CROOXSTOT{
P.O. Eor {l7
t3&t
rd.9hor.r. Eat{aal
Aqtomobile WreckJ-ng Yard - Premises on which t$ro (2) or morecurrently non-LicEnsed motor vehicles or two l2') or moremotor vehicles not in operatlng conditLon are standlng morethan o#*tr--(6e)-{+?e thlrty (30) days and are dismantled orstorFd. "Motortrailers or trucks.this definltion.
vehidfeEa f ndlutie s aleo mobile homes,Fu1ly enclosed buildings are exempt from
Bui ld in Ex i stLn
e ect ve ate o th - A building erected prlor to theis Ordinance or one for which a legalbuilding permit has been issuetl as of the effective date ofthls ordinancers initLaL ad tion on r
Cemetery - land used or Lntentleil to be used for the burialoE the human or animal dead and dedicated for eearcterr]r
+rr{:crrrtracr* purpoaes, including crematories, mau so lEEfrE-EitImortuaries lf operated ln connectLon wlth and withl-n theboundarlee of such cemetery for which perpetual care andlmalntenance ls provided.
Certlflcate of Occupancy - A certifLcate which is leeued b vthe bul liilng InspeEEor to lndlcate that, after constructionof .the bulldlng has been completed, or a use in an exlstingbulltling
g has beqn changed, the
thls Ordinance. A structure cannot be occupied until acertificate of occupancy and license have been issued.C1lnic
ose for which the buililin vras constructed or Chan ed ia
ca eo ng carr e out n accor nce w t t terms o
Me ca1 DentaI o tlca 1
osp ta u sed one or
er e rc as 9t sa trennservces.
trans ac t on nvo n the hEntlL:in or s s t ono aarteSstance or cornmo t or the ns n oservcesorveood or ro t owners or mana ement
o ce u ngs, o ces for recreat onaf
- A building (other than a
nore health care practitionersfor.the purpose of care, tliagnosis artd or treatment of sick,ailing, infirm, or injured patients, #I or those who arein need of me?ical and surgical fttenti6-n; . but whichbuilding does not provide board, room or regular hospitalcare and services.
Commercial Use or Business - The urcha se sale or othertransaction involvin the ha or s s t ono anartcsstance or coruno tor mana emen o ce u n S o ces forrecreaonalentertainment or amusement ent r ses ort
ma ntenance a use o o ces ro ess ons an a seorot
enterta nmentor amusement enteipiiSes or theffi
OPDINANCE AMENDING THE ZONING ORDINANCE
Page - 7
ld:
na
ff:
AUEnOSE.
FIIiZSERALO
a chooxsrox
Cosn..lo.a
P.o. iox al2T
Xa.tdE! litaho
6l1a
T.Lpttdr. C-aaal
offices b
nc u ed nt rofessions and trades renderin services is
e n t Lon .
Convalescent or Nursin Home Rest Home - Htffia€€€l
ac t ES rov n conva e scent orc on c care or oto!a er o n excess o twent our c onsecut ve oursor two or more a ents not re a e oo or marr a etora tor an sa a ents o reason o nessornty, are una e to properl c are ort en se ves.
District or zone - A
vrh ic certai.n uni formcombinations thereo
portion of the City of Meridian withinregulations and requirements or variousf apply unaler provisions of thisOrdinance.di€#.The letter nR" shall represent the residentialdi stri cts, with the number following the letter nRn
representing the maximum a1lowable dwelling units per acre.The letter "C" shaI1 represent the commercial districts. TheLetter nC" sha1l represent the commercial districts. Theletter "f" sha1l represent the industriat district. TheIetters "tO" shal1 represent the limited office itistrLct.
Entertainment Facilities (Commercial)- Sdtff@ft+:-il€J*+ag
q--EI sae+i+i+i++r Any structure housing any r for prof it" activ j-ty,
which is generally related tq tbe e4tertainment fieId, suchas motion plctu
loun es botIin eTlies ffiacttes.
ORDINANCE AMENDING THE ZONING ORDINANCE
Page - I
I
or institution which or
gourt - A space which is open and unobstructed to the sky,@ on a Iot, and bounded on three (3)or more sJ-des by bullding walls or fences.
Daify {arm - A farm whose principal function is theproduction of milk and milk products and which may incLudethe processing of milk so produced. A dairy farm furtherrefers to a dairy barn or processing facility or feeding areawhere animals are kept, raised or fed in a restricted area,and where the milki+tE area 's sEbjeet te the approval ef the
AMAROS€.
FITZGERALO
e caooxSToN
Corina.lo.r
Fence An enclosurei espeqlqlly. an enclosing barrier, asone to. prevent sEiay
Fence, Open - A fence that does not restrict or de visionor bl ht throu ht e e nce more t an twent ercent 20$
Highway -* st.treet desfEnated'@. Means the entire width between theboundalines of ev wa ubl ic 1 maintainetl when an rt
S n ot use o e c or ve cu ar tra c turscton exten n tot ead
erms
a ce
a
term street
nt rt ner
nc u n s a s s ou rs r ts-o -ta notnteneor mo ze tra Lc.sor
P.O. 8or a2,
L.rldhn, ld.hoilll
t h9lrll. taaaaar
interch angeable with highway.
Loadin and Unloadin s ace Of f-Stree tsuracearea o an ot n a streetrwhich the principal use isunloading of motor vehicles,
ORDINANCE AMENDING TEE ZONING ORDITIANCE
Page - 9
generally major operations and extensive in character,require large sites, open storage and service areas;extensive services anal facilities, ready access to regionaltransportation and normally generate some nuisances such as
smoke, noise, vibration, dust, g1are, air potlution or waterpol lution .
- an open hard-or public way) infor the standing, loading andtractors crld or trailers.
u suaL lyfree of
noi se ,
enc 1o sed
tra ffic
recorded on any
Counly Recorder
Lo
t
FIa Lot - A lot in the sha eofafla ona Ie or
s ar es n.A a o s a ave a n mum ronta eortfeet on a u c street an a structure aced
a ot shal ave t ou se ac n t e streeterontage.
Manu fac tur in Hea - Manufacturing, processing, assembling,stor Dgr test ng and similar industrial uses which are
Ma nu facturi -La ht - Industrial uses
t
contro operat ons, relatively c Iean,
$rhich arequiet andobjectionable or hazardous elements such as smoke,odor or dusti which operates and store withinstructures? - antl which generate littIe industrial
and no nuisances.
Mobile Home @ A structurenffich has attachedtransportable1noto the structure a valid insiqnia which states that themobile home is in compliance hrith Federal !,tobile Home
Construction anal Safety Standards (HUD).
Ori inal Parcel of Land - A 1ot or tract as
p at or recor on e in the Office of the
I
I
I
I
I
I
.on a
AMBf,OSE,
FIT2OEFALO
I CHOOXgTON
Co0nxlora
or any unplatted contiguous parcel of l-and held in one (1)ownership. and of record at the effective date of thisOrdinance, April 2 , 1984.
Owne shi - synd+eate,
@r The individual firm ass oc i at ionsyndic ate p artner sh i or corporat onw o as t t eo
P.O. 8ox a?
I.ndlrr.ld.ho
t3..2
T.l.pho6. tEua61
propert
storage (for limited periods of time) of operable passengerautomobiles €id or commercial vehicles and available to [.trepublic whether f5i compensation, free or as an accorunodationto clients or customers.
Parkin Area or Lot (Public - An open, hard-surfaced. arealic way) to be used for theor tha n a street or p
Professional Of fices - ffiiniatrat*veo,Ffl=ea.t
conduct
Structures where those en a edina rofess ionthersness a act ty.
Seat - The lace at or the thin on which one sits. Forpurposes o
spaces for d erm n ng the n er of o -street parkingcertain uses, the number of seats is the number
SECTION 6. That Section 11-2-404 C, Commission, 1., of
the Zoning Ordinance of the Revised and Compiled Ordinances of the
City of Meridian is hereby repealed.
SECTION 7. That Section 11-2-404 C., Commission, 1., of
the Zoning Ordinance of the Revised and Compiled Ordinances of the
City of Meritlian is hereby re-enacted and sha11 read. as follows:
of seating units installed or indicated or each eighteen (1g)linea1 inches of benches, pevrs or space for 1oos6 chairs.
The Commission shalI consist of five (5) voting members.They sha11 be appointed by the Mayor and confirmed bymajority vote of the Council for terms of six (5) years.
An appointed member of the Commission must have residedin the County five (5) years and in the City for one (1)year prior to his appointment, anal must remain aresident of the City during his service on the
1
ORDINANCE A}4ENDING THE ZONING ORDINANCE
Page - 10
Walkway-Apublicway h forpedestrian use only, whether or not along the side of theroad.
AMSnOSE.
Fl,2OENALD
I ChOOl(arON
P.O. Eor 42?
llrtdhn, ftr.lro
il.a2
T.t ctlolr.ttta{r
Cornmission.. Except that at least one (1) but not more
than two (2) menbers may be appointed from residents ofthe City Impact AreaT outside the corporate timits.
Such members shall have similar resid.ence requirementsas those within the City, except that they need not haveresided in the City for one (1) year anil need. not be aresident of the City. Members of the Commission shallbe sel-ected without respect to political affiliations'and shaIl serve without compensation. Members may be
removed. for cause by a majority vote of the Council.
SECTION 8.That Section LL-2-404 C. Conunission, 2.
Or ganiz ation , of the Zoning Ordinance of the Revised and Compiled
Ortlinances of the City of Meridian is hereby repealed.
SECTION 9 That Section fl-2-AOA C. Commission, 2
Organization of the Zoning OrdLnance of the Revised and CompJ.led
Ordinancea of the City of Merl-dian is hereby re-enacted and sha1l
read as fol lows:
2. Organization: The Commission sha11 elect a Chairman andcreate End-EIII any other office that it may deem necessary.A Commission may establish subcommittees, citizen advisorycolnmittees, hearing examiners or neighborhood groups toadvise anil assist in carrying out the responsibilities. A
Commission may appoint non-voting ex officio advisors as maybe tleemed necessary. Pursuant to Section 67-6520, IdahoCode, the Commission may appoint hearing examj.ners forhearing applications for subdivision and variance permlts,and requests for zonLng district boundary changes which arein accordance with the plan, and conduct all other businessin accordance with fdaho Code, Section 67-6520.
SECTION 10. That Section 11-2-404 D. Council, 1. Duties: -
of the Zoning Ordinance of the Revised and Compiletl Ordinances of
the City of Meridian is hereby repealed.
SECTION 11. That Section 11-2-404 D. Council, 1. Duties,
of the Zoning Ordinance of the Revised and Compiled Ordinances of
the City of Meridian is hereby re-enacted and shal1 reatl as
fo lLows :
ORDINANCE AII{ENDING THE ZONING ORDINANCE
Page - l.1
AUBFOSE.
FIl2OEEALD
I CROOI(STON
P.O. 8or a27
L.ldhn, Nram
cyta2
I.Lpiorr 68+a4!t
1 Duties: Eor the purpose of this Ordinance,Council sha11 have the following duties:the
SECTION 12. That Section 11-2-405 c., usE AND BULK
Zoning Ordinance are hereby
amended to read as follows:
a
Use! A building, structure or land shaI1 hereafter beused or occupied, and a building or part thereof, orother struct!,re, sha1l be erected, raised, moved.,reconstructed, extended, enlarged or altered only as inconformity rdith the regulations herein specified ior thedistrict in which it is located. Excepfions to the useand_bu1k regulations of this Ordinance shall be only by€ar+!#se Variance.
Bulk: All new buitdings and structures shal-l conform6-Ttre regulations established herein for the districtin which each buililing sha11 be located except asotherrrise permitted in this Ordinance by eo,n*i+irna;F{}seVariance.
REGULATTONS, 1. and. 2 of the
1
SECTION 13. That Section 11-2-406 B., AVOIDANCE OF UNDUE
EARDSIIIP, of the Zoning Ordinance of the Revised and Compiled
Orilinanies of the City of Meridian is hereby amended and sha1l
ORDINANCE AII{ENDING THE ZONING ORDINANCE
Page - 12
I
I
Ia. The Council shall hear and decide appeals where itis alleged there is an error in an ord.er,requirement, deci"sion, interpretatLon ordetermination made by the Aalministrator, Commissionor Building Inspectori
b. The Council creating the Commission shall providethat the area and interests within its jurisdictionare broadly represented on the Comnission.
c. Pursuant to Sec.tion 67-6520, Idaho Code, theCouncil may appoint hearing examGEiF f6f-hearlngapplications for subdivision and variance permits,
and requests for zonl-ng district boundary changeswhich are in accordance wj,th the plan, andl conductaII other buslness in accordance with Idaho Code,Section 57-6520.
il. The Council shall perform such other duties as setforth herel,n .
P.O. 8or rlilT
tl6a2
,.Lpioo. aataaor
read as follows:
To avoid und.ue hardship, nothing in this Ordinance shatl bedeemed to require a change in the plans, construction ordesignated use of any building on whJ.ch. actual constructionwas lasrfu11y begun prior to the effective da te of adoption
and upon which
on diligently.
ril- 2 1984c+-anertilner* of this Ordinance.actual building construction hE een carr ed
SECTION 14. That Section LL-2-406 C SINGLE NON-
CONFORMfNG LOTS Otr' RECORD, of the Zoning Ordinance of the Revised
and Compiled Ordinances of the City of Meridian is hereby amended
and shall read as follows:
In any district in which single-family dwellings arepermitted, a single-family dwelling and cultomary aciessorybuiJ-dings may be erected on any slngle lot of iecord (seedeflnition of lot of record) at ttre ef fectl-ve date ofadoption cFanrerrdrrrerrt of thls Ordlnance, April 2. 1984.notvrlthstanding limitations imposed by otirer-^fiFo-7lfi oiE-5f.thls Ordlnance. Such lot must be in separate twnership andnot of continuous frontage with othei lots Ln the saneownership. This provision shal1 apply even though such Iotfails to meet the requirements foi-aiea or widtli, or both,that ale generally applicable in the district, provided thatyard dimensions and requirements other than tliose applyingto area or width, or both, of the lot sha1l conform to th6regulations for the district in which such 1ot is l-ocated.
SECTION 15.That Section IL-2-407 B. COI{PLIAI,ICE I{ITE
ZONfNG DISTRICT REGULATIONS , 2. d., of the Zoning Ordinance is
hereby amended to read as fo]lows:
cl. To have narro$rer or smaller rearside yards,or othe-r open
yards, front yards,
andspace s i
SECTION 16. That Section 11-2-407 C, OFTICIAI SCHEDULE OE
DISTRICT REGULATfONS ADOPTED, of the Zoning Ordinance of the
Revised and Compiled Ordinances of the City of Meridian is hereby
anended to read as follows:
ORDINANCE A.II{ENDING THE ZONING ORDINANCE
Page - 13
At BBOSE,
Flr20EAALo
I CHOOXSTON
I
I
AXBROSE.
FIIiZOEBALD
e cFooxsToN
P.O. 8or lu?
L..ldlm,l6ahoafir
rd.phoo. ,al-aGl
District regulations shaI1 be as set forth in the Zoning
of Bulk andSchedule .of Use Control", and Zonin Schedu 1e
Cover e Controls , and Per formanc e tan ar s orD str ct
Uses o t sOr nance.
The dl,strlcts of the City of Meridian are dlvided into fcn:{+} three (3) tand use groups: eqr*et++rr+a+, Residential,
Conun6iiill-a l-and htlustrial. when several combined lantl usei'exist, or are proposed, the most intensive land use shal1 beconsidered as the primary activity.
SECTION 17. That Section 11-2-408 8., ZONING DISTRICTS,
1. R-4) Low Density Residenti,al District of the Zoning Ordinance
of the Revised and Compiled Ortlinances of the City of Meridian is
amended to read as follows:
1. (R-4)
of the
Comintint
Sin
Low De ns Lt Residential Di strict:str ct s to per t the est
The purpose
abllshment of
Lo$, density single-family ilwellings, and to dellneatethose areas where predominately residential tlevelopmenthas, or is likely to occur in accord with theprehensive PIan of the City, andegrity of residential areas byrusion of incompatible non-residen
to protect theprohibiting thetial uses. Onlvermitted and nole Famil Dwe 11i s shall be
con I t ona uses s a e rm tte exc e t orP ann
Res en Deve nt and csc s.e R-
D str cta ows or a max mo our e1ling unitsper acre and requires connection to the Municipal Water
anal Sewer systems of the City of Meridian.
SECIION 18. That Section ll-2-409, ZONING SCHEDULE OF USE
CONTROL, of the Zoning Ordinance is hereby repealed.
SECTION 1.9. That Section 11-2-409, ZONING SCHEDULE OF USE
CONTROL, of the Zoning Ordinance is hereby re-enacted and shall
read as set forth in Exhibit "An attached hereto and incorporateil
herein by thls reference.
SECTION 20. That Section 11-2-410, ZONING SCIIEDULE OF BULK
A}ID COVERAGE
repealed.
CONTROLS, A., of the Zoning ordinance is hereby
OP.DINN{CE A},IENDING THE ZONING ORDINANCE
Page - 14
AUBFOSE.
F|TZOEFALD
I CmO|(8TON
P.O. 3or a:n
llLa2
l.l.gholl. !t&L6l
SECTION 21. That Section 11-2-410, ZONING SCHEDULE OF BULK
AND'COVERAGE CONTROLS, A., of the Zoning Ordinance is hereby re-
enacted, and shalL read. as set forth in Exhibit nBn attached hereto
and incorporated .herein by this reference.
SECTION 22. That Section 11-2-410 B. 4., Architectural
Projections, of the Zoning Ordinance of the Revised and Compiled
Ordinances of the City of Meridian is hereby amended. and sha11
read as follows:
4 Architectural Pro ectlons:Open structures such aBporcheEcanop€S,con es, platforms, carports, coveredpatiosrchimney and eimila r archltectural projections shaIlbe consi dered parts of the building to which lt is attachedand sha1l not project into the requirecl minimum front, sldeor rear yard.
SECTION 23. That Section 11-2-410 D. ACCESSORY USE
PRoVISIONS, 1.. b. (4), of the Zoning ordinance of the Revised and
Compiled Ordinances of the City of Meridian is hereby repealed.
SECTION 24. That Section 11-2-410 D. ACCESSORY USE
PROVISIONS, 1. b. (4), of the Zoning Ordinance of the Revised and
compiled ordinances of the city of Meridian is hereby re-enacted
and shaIl read as follows:
(4) The use sha1l be considered as a Cotnmercial Use.
SECTTON 25. That Section 7l-2-4t0 D. ACCESSORY USE
PROVISIONS, 1. b. (5), of the Zoning Ordinance of the Revised and
Compiled Ordinances of the City of Meridian are hereby repealed.
SECTION 26. That Section 11-2-410 D.
PROVISIONS, 1. b. (5), of the Zoning Orilinance
Meridian is hereby re-enacted antt shall read as
ORDINANCE AMENDING THE ZONING ORDINANCE
Page - 15
ACCESSORY USE
of the City of
follows:
AMBFOSE,
FITZOERALO
ecR@xsroN
Coullralo.r
P.O Bor (l7
l3a4lt
I.LDho.. tt8.arCl
(5) Pay the fee of $80.00.
' SECTION 27. That Section 11-2-410 D. ACCESSORY USE
PROVISIONS, 1. b. (7), of the Zoning Ordl-nance of the Revised and
Compiled Ordinances is hereby repealed.
' SECTION 28. That Section ]-L-2-4:-O D. ACCESSORY USE
PROVISIONS, 1. b. (7), of the Zoning Ordinance of the Revised and
Compiled Ordinances of the City of Meridian is hereby re-enacted
and shal1 read as follows:
(7) If there are noflling the same, therequeat.
objections flled within the timezoning atlministrators may grant for
the
SECTION 29.
R-8, R-15) DETACHED
ORDINANCE AIMNDING THE ZONING ORDINANCE
Page - 16
That Sectlon 11-2-411 D, STNGLE FAMILY (R-4,
HOUSING SoUARE FOOTAGE REQUIREMENTS, of the
Zonlng Ordinance of the City of Meridian is hereby repealed.
SECTION 30. That Section 11-2-411 D, SINGLE FAttILy (R_4,
R-8, R-15) DETACHED HoUSING SQUARE FooTAGE REQUIREMINTS, of the
Zoning Ordinance of the Revised and Compiled Ordinances of the
City of Meridian is hereby re-enacted and shal1 reaal as follows:
A1l_new single-family detached housing in Zones R-4, R-g andR-15 shall be constructeil to contain at least 1,300 squarefeet of living space (garage not to be included indetermining living space) unless there is dispersed among thenew residentlal development houses of varying sizes, and thefollowing schedule strall set the percentagls ind accompanyingsizes that sha1l exl-st in aIl new reside-ntial develoirments,except for those containing houses, all of which witl Eontain1,300 square feet or more, it being understood that the belowschedule is a minimum schedule and houses of larger sizes mayoccupy a larger percentage than as set forth below:
1. No houses may be constructeil which are less than 999square feet i
2. . Ten percent of the houses in a residentiat development" *uy be between 1,000 anil 1,099 square feeti
tiEFix.'F!
AUEAOSE,
FrlltOEsALO
r cFooxSToN
P.O. ior ll:l?
ll..ldh.ld.io
taaa2
T.l.pho.|. agL{Cr
3. Twenty percent of the houses in a residentialdefelopment may be betrtreen 1,100 and 1,199 square feeti
Forty percent of the houses in.a residentLal
d.eve lopment may be between 1,200 and Lr299i
Thirty percent of the houses in a residential
development may be larger than 11300 square feet.
4
5
A1I houses below the 1r300 square foot size sha11interspersed uniformly throughout the entire development.
A11 single-family (R-4, R-8, R-15) detached dwelling
houses which have multi-stories shall have a minimum oieight hundred (800) square feet of J-iving space on theground floor.
a. Landscaplng: tandscaping sha11 be required for alloff-street parklng areas for nulti-famity residential,
commercial , industrial and technicat developments;
b. Unalerground sprinkling systems shall be required tomaintain screening, planting strips, and otherlandscaping.
be
SECTION 31. That Sections ll-2-413 C., PROVISIONS FOR
TNIQUE LAND USES, 1. Accessory Buildings and 11. Home Occupatl-on6,
of the Zoning Ordinance are hereby repealed.
SECTION 32. That Section L!-2-4L4 D, DESIGN STANDARDS FOR
oFF-STREET PARKING, 2.,Screeninq or Land.scaplng , of the Zoning
Ordinance of the Revised and Compiled Ordinances of the City of
Meridian is hereby repealed.
SECTION 33. That Section I]--2-414 D, DESIGN STANDARDS FOR
OFF-STREET PARKING, 2., Screenin Landscap ing and Drainage ,of
the Zoning Ortlinance of the Revised and Compileil Ordinances of the
City of Meridian is hereby re-enacted. and shaIl read as follows:
2. Screenin Landscaping and Draina ge:
c. Screening:Whenever a commercial off-stlaet parking
ORDINANCE AMENDTNG TIIE ZONING ORDINANCE
Page - 17
ArsaosE.
FMEGEFALO
e caooxaro
Counaalora
P.O. Aor a2?
E3aa2
T.t pion !!;aa6l
area -is located in or ad j acent to a ResiilentialDistrict, it shalL be effectively screened on all sideswhich adjoin or face any property used for residentialpurposes by a wall, fence, or planting screeD that isnot less than four (4) feet in hei.ght plus a plantingstrip of four (4) feet minirmrm width or l-n an alternatearrangement as approved by the Commission.
Suitable landscaping and ground cover sha11 be provided
and maintained on a continuing basis within the plantingstrip. Planting screens or hedges shal1 not exceed two
!?l feet in height where location is such that sightlines are necessary for vehicular movement across
Pedestrian hrays.
At least one (1) tree of notdiameter slze cLass shall besquare feet of pavement area.
less than three (3)provlded for every
inch
1,500
d. Drainag: A drainage plan designed by an archltector aIEififi-eer eha1l Ue submitteCl ind reluired for alloff-street parklng areaa and sha1l be approveil by theCity Engineer.
SECTION 34. That Section LL-2-4L4 E., Schedule Of parking
Space Requirements f. (1), of the Zoning Ordi.nance is hereby
repealetl.
SECTION 35. That Section 11-2-414 E. SCITEDUIE OF PARKING
SPACE REQUIREMENTS, f. (1), of the Zoning Ordinance is hereby re-
enacted and shall read as follows:
Schools (Private or Public
(1) Nursery schooL forchildren, day carecenter, anCl kinder-
garten
space for everychildren plus
space per staff
one (1)
ten ( 10)
one (1)
member.
SECTION 35. That Section 11-2-41.6 B, INITIATION oF ZONING
AII{ENDII{ENTS, of the Zoning ordinance is hereby repealed.
SECTION 37. That Section 11-2-416 B, INITIATfON OF ZONING
AI4ENDI,iENTS, of the Zoning Ordinance is hereby re-enacted and sha1l
ORDINANCE A}IENDING TIIE ZONING ORDINANCE
Page - 18
f.
auEFosE.
FfTzgENALD
I CnOOXSTOX
Coonaalo.a
P.O. &r iE7
tScalI
T.Lprror 88&rtatr
reaal a s
B
follows: .
INITIATION OF
Zoning amend.ment s to
( 1). . of the .following
1. By adoption
2. By adoption
ZONING AII{ENDMENTS
this Ordinance may be initiated in one
hrays:
of recommendation by the Conunission.
of a motion by the Council; and
3. By the filing of an apptication by a property owneror a person who has existing interest in property withinthe area proposed to be changed or aflecled by saiilamentlment with the Admini strator.
An applicant requesting a zoning amend.ment of a parcelmay lnltiate the amendment request at the same time asthe development request.
SECTION 38. That Section 11-2-416 C., CONTENTS OE ZONING
AITTENDMENT APPLICATION, L7 ., is hereby repeal.ed.
SECTION 39. That Section 11-2-416 8., PROCEDURES, f. is
hereby repealetl.
SECTION 40. That Section 11-2-416 8., PROCEDURES, f. is
hereby re-enacted and shall read as follows:
1. The Appticant shall provide the City Clerk with thenames and addresses of property o$rner; within 300 feetof the external boundaries of ttre land being considered,and any additlonal area that may be impacted by the saidapplication, as determined by the zoning Administratorand the applicant shalI deliver a sworn notarizedstatement that the lj-st of property owners are theowners of the property as shown by the record.s of theAda County Assessori one week prior to the hearing setpursuant to 11-2-416 E. 2. b., Applicant shall post acopy of said notlce of hearing of the applicatlon on theproperty under considerationi and after the property hasbeen posted the applicant shall tleliver to the ZoningAdministrator a notarized statement that he has postedthe property and the date the posting was placed.
SECTION 41. That Section 11-2-416 E., PROCEDURES, 2. of
the Zoning Ordinance is hereby repealeil.
OP.DINANCE A}.{ENDING THE ZONING ORDINANCE
Page - 19
AMAROSE,
FITZGERALO
I CB@K8rO
P.O, 3or a27
l.aaz
rd.gioll. tlGaaal
SECTION 42. That Section Il-2-416 8., PROCEDURES, 2. of
thd Zoning' Ordinance is hereby re-enacted and shall read as
follows:
2. nThe cornmission shal-l:
' a. Give notice of the hearing, at least fifteen (15)
days prior to the hearing, by c6rtified mail to pr-pertyowners vrithin the land being considered and to ownersrrithin three hundred (300) feet of the externalboundaries of the land being considered and anyadditional area that may be impactecl by said applicationas determined by the Zoning Administralor. Sa-id notJ.ce,by certified mail, must be deposited with the UnitettStates Post Office at least fifteen (15) days prior tothe hearing and said notice shall contain a vlcinity mapof the property, a brief statement of the nature oi tfreappllcation, the name and address of the applicant.When notice ls required to two hundred (200f-or moreproperty owners or residents, in 1ieu of the nailnotification, notice of the proceeding and hearing
':equired hereby may be glven by publlshlng the notlc6for tero (2) consecutive weeks in tfre offtcill ne\ spaperof the City of Meridian provided that the second n6ticeappears ten (10) days prior to the public hearing.
b. Prior to recommending an application, conduct atleast one (1) public hearing in which interested personssha1I have an opportunity to be heard. At least fifteen(15) days prior to the hearing, notice of the time andplace and a sunmary of the application to be discussedshal1 be published in the official newspaper or paperof general circulation within the City of tferidian.
c. Within forty-five (45) days from the hearing,transmit its recommend.ation to the Council- wiitrsupportive reasons. The Commission Eay, however,continue the matter from meeting to meeting- if it findsthat it does not have sufficient information to make adecision. The Commission shall recommend that theapplication be approved, approvetl with conilitions ordenied. The Commission sha1l insure that any approvalor approval with conclitions of an application shal1 bein accordance with the Cornprehensi"ve Plan, this
Ordinance and State 1aw.
d. Maintain a record of the hearing, finilings made and
actions taken.
ORDINANCE AI{ENDING THE ZONING ORDINANCE
Page - 20
AXanosE.
FITZGERALO
I CnOOXSTON
P.O. 8or iu7
Baa2
T.Lpho.l. S{zl!!
COITNCII, 1. of the Zoning Ordinance is hereby repealed.
SECTION 44.That Sectlon 11-2-416 F. TRANSMTTIAL TO
COUNCIL, 1. of the Zoning Ordj-nance is hereby re-enacted and shal1
read. as follows:
Hearing:heaiint
L]--2-4L6
required
The Council shall conduct at least one (1) publicfollowing the notice and requirements contained inE. 2., and the Council having given notice asby 11-2-416 8.2.a. by ordinary first caII mai1.
SECTION 45. That Section LL-2-4L7, ANNEXATION AND ZONING
UPON ANNEXATION, of the ZonJ.ng Ordinance is hereby repealed.
SECTION 45. That Sectlon tL-2-4L7, ANNEXATION AND ZONTNG
UPON ANNEXATION, of the Zoning Ordinance is hereby re-enacted and
ehal1 read as follows:
Prior to annexation of an unincorporated area, the Counci_1shal1 request and receive a reconmendation from the planningand Zoning Commission on the proposed annexation and thtproposed zoning for the annexed. area. The Commission, theCity, the applicant, and the Council shall fo1low the notLceand hearing proceclures provided in Section LL-2-4L6, ZoningAmendment Procedures. provided, however, that the finaldecision of the Council sha11 not be appealable since suchdecision is a legislative function even -though the procedureis designed to be quasi-judicial in nature ind proiides dueprocess to the applicant. The application for annexationshalI include a request for a zoning designation and, uponannexation, the property shaI1 be zoned; however,procedurally, the property sha11 be deened to have been
annexed prior to being zoned and for appeal rights, there canbe no appeal from the zoning decision if the property is notfirst annexed.. If the annexation shal-1 necessitate an
amendment to the Comprehensive Plan, the Commission shal1advise the applicant to request a Comprehensive plan
Amendment prior to further consideration of the annexation.Tf the Commission and Council approve an annexation request,the Commission and Council shall insure that said annexationis in accord with this Ordinance and the Comprehensive pIan.
An Application for annexation and zoning shall be on a formsimilar to a zoning application as set forth in 11-2-415 c.
ORDINANCE A.I4ENDING THE ZONING ORDINANCE
Page - 21
SECTION 43. That Section ll-2-4]-6 F. TRAN Sli1r TTAI TO
AItBFOSE.
FTZGEAALD
I CROOXsTOT{
Counaalora
P.O. 60r al,
ta..l{rh.. ld.ho([42
T.Lplroo! U;aatt
and shaIl include the same information and any otherinformation deemed appropriate by the Administrator, and theapplication sha11 specifically include the payment of a feesae established by the City Council.
SECTION 47.r That Section 11-2-418 B., CONTENTS OF
Ordinance is herebyCONDITIONAL USE APPLICATION, of the Zoning
rePealed.
SECTION 48. That Sectlon 11-2-418 B., CONTENTS OF
CONDITIONAL USE APPLICATION, of the Zoning Ordinance is hereby re-
enacted and shall read as follows:
An application for a conditional use permit shal_I be filedwith the Administrator by the owner of ihe property for whlchsuch condLtional use 1s proposed. At i minimum theappLication shaIl contain {tre followlng informatlon:(Appllcation avallable from Administrator. )
1. Name, address and phone nurnber of applicant.
)
3.
4.
5.
6.
7.
8.
o
Name, address and phone number of owner of subjectproperty .
Legal description of property.
Proof of ownership of subject property.
Description of existing use.
Present use of subject property.
Proposed use of the subject property.
The District that pertains to the subject property.
Thirty (30) copies of a vicinity map of a scale of one(1) inch equals three hundred (300) feet.
10. Characteristics of subject property whlch makeconditional use desireable.
11.A listing of the mailing addresses of all property
owners (from authentic tax records of Ada County) whoare within three hundred (300) feet of the external
boundarles of the land being considered, and a list ofall owners within the area being considlered for a
a
ORDINANCE AII,IENDf NG TIIE ZONING ORDINANCE
Page - 22
AMATOSE.
Fl,2OENALD
r cioorcToN
P.O. 8or a2r
(l6a2
T.Lrhon tL{aal
A.fee established by the Council.
SECTION 49. That
STANDARD S FOR VARIANCES,
repealed.
SECTION
FEES, of the
SECTION
FEES, of the
as follows:
ORDINANCE AMENDTNG THE ZONTNG ORDINANCE
Page - 23
A statement that the applicant or the user of theproperty agrees to pay any additional sewer, water ortrash fees or charges, if any, associated with the use,r.rhether that use be residential , commercJ,al orindustrial.
14. The application shal1 be verified by the applicant whichshalL state that he has read the contents thereof andverifies that the information contained therein is trueand correct
L2.
13.
Section lI-2-ALg 8., APPI,ICATION AND
22., of the zoning Ordinance is hereby
50. That Sectiot lL-2-422 A., ZONING AND PLANNING
Zoning Ortlinance is hereby repealed.
51. That Section ll-2-422 A., ZONING AND PLANNTNG
Zoning Ordinance is hereby re-enacted and shall read
A petitioner or applicant for any of the zoning or planningmatters in this Title sha11 pay the fees establisfrea by tfr6City Council by resolution.- No petition or app1i.".iiorr.except as hereafter provided, sha11 be accepted Li tfre Citiunless accompanied by the required filinq fee.
SECTION 52. That Section tl-2-422 E PAYMENT OF CITY
COSTS, of the Zoning Ordinance is hereby repealed.
SECTION 53. That Section lL-2-422 E PAYMENT OF CITY
COSTS, of the Zoning Oralinance is hereby re-enacted and shall read
as follows:
If a1l- fees are not paid, the City may revoke any zoningpermit, contlitional use permit, accessory use permit,variance, occupancy permit, zoning certificate or other grantof authority initially given the applicant, and in t.he case
conditional use.
axBFos€,
F|TZGEAALO
I CFOOI(STON
Cou[alo.|
P.O. &r tU,
taca:
T.l.Dlioo. tat-aaol
of an annexation procedure, the City may d.e-annex saidproperty . .
SECTION 54. That Section lL-2-424 A2, Fence Regulation,
of the .'Zoning Ordinance of the City of Meridian is hereby
repea I ed.
SECTION 55. That Section Ll-2-424 A2, Fence Regulation,
of the Zoning Ordinance of the City of Meridian is hereby re-
enactedl and shalL read as set forth in Exhibit "c" attached hereto
and incorporated herein.
SECTION 56. That Section 11-9-604 C. PRELIMINARY PLAT, 4.
c. and d. of the Subdivislon and Devel.opment Ordlnance are hereby
rePealed.
SECTION 57. That Section 11-9-604 C. PRELIMINARY PLAT, 4.
c. of the Subdivision and Development Ordinance is hereby re-
enacted andl shal1 read as follows:
c. The applicant shall notify a1l adjoining property ownersof hearings aa required. See 9-604 C.- - -
SECTfON 58. That Sections 11-9-604 C. PRELIIT{INARY PLAT,
5. a., b., c. and d. of the Subdivision and Development Ordinance
are hereby repealed.
SECTION 59. That Sections 11-9-604 C. PRELIMINARY PLAT,
5. a., b. c. and d. of the Subdivision anal Development Ordinance
are hereby re-enacted and shall reail as follows:
a. Thirty (30) copies of the preliminaly plat of theproposed subdivision, drawn in accordance with therequirements hereinafter stateili each copy of thepreJ.iminary plat shaI1 be on good quality paper, sha1l
have dimensions of not less than twenty-four (24) inchesby thirty-six (36) inches, shalt be drawn to a scalesuitable to insure clarity of al-1 1ines, tlimensions antl
ORDINANCE AI{ENDING THE ZONING ORDINANCE
Page - 24
AllSnOSE.
FIIZGEFALO
ICFOOKSTON
P.O. Bor a27
Marldlan.ldaho
03012
l.Lr|toll. L.aaol
other data, shallindicate thereon,
d irect ion;
show the drafting date,by arrow, the general and sha1lnortherly
b Thirty (30) copies of a one (1) in-ch equals threehundred (300) feet scale map on 8-j,/2n i 1ln paperindicating thereon all adjacent development andTorIots of record. within three hundred (jOO) feet ofany boundary of the proposed development, and theIayout of the proposed development in Uota'outlinei
Thirty !:Ol copies of the completed and executedsubdivision application form;
F'our (4) sets of conceptual engineering plans (not meantto be detailed designs) for streets, -water, sewers,sidewalks and other required public improvementa. Suchengineering plans shal1 contjin suffiiient informationand detail to enable the City Engineer to make adetermination as to conformance "f the proposedimprovement6 to appllcable regulatLons, ordina-ncei andstandards.
c.
d
SECTION 60. That Section 11-9-504 C
6. m., of the Subdivision and Development
repe aIed.
., PRELIMINARY PLAT,
ordinance is hereby
SECTION 61. That Section 1.1-9-604 C., PRILIMINARY PLAT,
5. m., of the Subdivision and Development Ordinance is hereby re_
enacted and shall read as follows:
m. !1y. proposed or existing utilities, including, but notlimited to, storm and sanitary sewers, irriqation1ateraIs, ditches, drainages, bridges, cuiverts,-watermains, fire hydrants, street ligtrts, and theirrespective profiles;
SECTION 62. That Section 11-9-604 H., F INAI-, PLAT, 1. a.,
of the Subdivision and Development Ordinance is hereby repealed.
SECTION 63. That Section 11-9-504 H., FINAL pLAT, 1. a.,
of the Subdivision and Development Ordinance is hereby re-enacted
and shall read. as follows:
ORDINANCE AIi{ENDING THE ZONING ORDINANCE
Page - 25
AnBFqSE.
FIIZOENALD
I CnOOXSTON
P.O. eor a,l?
It ddLn,liralb
l$a2
T.bltoi. L.aaar
a
SECTION 54. That Section 1L-9-605 I. PROTECTIVE COVENANTS,
of the Subdivision and Development Ordinance is hereby repealed.
SECTION 65. That Section 11-9-505 r. PROTECTM COyENANTS,
of the SubdivisLon and Development Ordinance is hereby re-enacted
and shaIl read as follows:
I PROTECTfVE COVENANTS
Protective covenants may be prepared and recorded aspart of a subdivision. This is usual]y done to provideprotection to future property owners by establishinghigher standards than requlred under other regulatlons,The provislons within protective covenanta areenforceable through civil action, and 1oca1 governmentunltB shal1 not be requi.red to enforce these piovisl-ons.
The Council shal1 review and approvesubalivision restrictive covenants prior torecording. Protective covenants may includesuch things as: architectural committee,minimum building floor area, mobile homeprovisions, a11owable livestock, location ofrecreational vehicles, commercial andindustrial activity, number of dwellingunits, maintenance of open space, privateutility lines, allowab1e signing and
amendment provisions.
SECTION 66. That Section 11-9-605 J., FENCES, 6., of the
Subdivision and Development Ordinance is hereby repealed.
SECTION 57. That Section 11-9-605 J., FENCES, 6., of the
Subdivision and Development Ordinance is hereby re-enacted and
shalI read as follows:
Fences may be erecteal in aII residential and llmitedoffice districts subject to the following:
a. Solid or closed-vision fences to a height ofthlrty-six (36) inches, or open-vision type fences toa height of forty-eight (48) inches may be buitt fromthe front of the dwelling unit to and including the
ORDINANCE A.!,IENDING THE ZONING ORDINANCE
Page - 26
6
Thirty. (30) folded copies of the final plat;
AUaFOS€,
FmoEnALO
I CROOTSTON
P.O. Bor all,
ara2
Ll.phon. Saa.aaor
shal1 take
Al so
su
the above re uirement ma be waived if thevreter1eestotetanfor a we'r st e v/e a aces t ewe on new ttwaterstemncute necessa s
n va ves re s sure u an ot er
e nt necessar and w we d t an ca c taretneectortes
e s s,ves an rants su ent s!r ttourcse a nece s sar u nt to tt e we 1onne vt t ec t water s stem.In masusons t atter o onm re etottsotttCtmacneunsor and
e u one ar e vre to serv ce gevera s s onsrater than ave severa sma er $re so less capac ty.
SECTION 74. That Sectlon 11-9-615 A. Subdivisl-on Fees, 1.,
of the Subdivision and Development Ordinance of the Clty of
Meridl-an is hereby repea 1ed.
SECTION 75- That Sections 11-9-615 A. Subdivision Eees,
1., of the Subdivision and Devel,opment Ordinance of the City of
Meridian is hereby re-enacted and sha1l read as follows:
A petitioner or applicant for one of the followingsubdivision approval or applicati.on matters sha11 pay thefees set forth below t hen filing an application or req-ue-stinga permit before the Meridian planning and Zoning Coinissionand/or the City Council of Meridian. No letition orapplication, except as hereafter provided, shalt-be accepted
!y th-e City unles,q accompanied Uy ttre required filing iee.The- fees. required for the various types of petitioris andapplj.cations shal1 be as foLlows:
SECTION 76. That Section L1-9-617 A2, Fence Regulation,
of the Subdivision and Development Ordinance is hereby repealed.
SECTION 77- That Section 11-9-617 A2, I.ence Regulation,
of the subdivision and Deveropment ordinance is hereby re-enacted
and shal1 read as set forth in D<hibit "D" attached
lncorporated herein.
SECTION 78. EFFECTIVE DATE: This Ordinance
ORDTNANCE AII{ENDING THE ZONING ORDINANCEPage - 30
hereto and
nt
r
et
n6
I
AI'BFOSE,
FII'GERALO
& cnooKsToll
P.O. Aor allT
U.rldlrn,ld.tlo
!4442
Ll.9lrci. tt6{a!l
b
adopted by this reference as authorized by J.aw.Three (3) copj-es of Boise's Lighting Ordinancesha11 be maintained and on file in the office ofthe City C1erk, City of Meridian.
Thet in the event the above street lightingrequirements are waived in the case of an R-4single-family d$relling development or subdivision,the developer and 1ot owner shalt be responsiblefor ensuring that there is a yard 1ight installedin the front year of each houle in saiddevelopment; that the yard l-ight shall becontrolled by a photo-electric celI which causesthe yard light to come on and shut offautomatically and said yard light shaI1 beelectrically wired directly to the resldencer selectrical breaker panel and compty with theNational Electrical code.
Eve subdivider shalI show on his deve 1o ent 1anere eac street I sto e ace dsubdson.
Section 73. That Section 11-9-606 B.,
PUBLIC, L4., of the Subdivision and Development
hereby amended and sha1l read as follows:
t nt e
IMPROVEIT{ENTS,
Ordinance is
14.
ORDTNANCE AII.IENDING THE ZONING ORDINANCE
Page - 29
c.
Pressurized Irrigation System - In each subdivision thesubdivider sha11 provide by underground tiIe, or other
1ik9 satisfactory underground conduit, pressurizedirrigation vrater to each and every 1ot ;lthin thesubdivision; the pressurized irrigation system shall beconstructed and installed at the same time as thedomestic water lines, but sha1l not necessarily be inthe same trenches; there sha11 be no cross-conn;ctionsbetween the domestic water lines and the irrigationwater lines that do not comply with Section 4-143 -of tfreRevised and Compiled Ordinances of the City of l{eridian;the City Engineer is hereby authorized anld directed toestablish rules and regulations and standards forpressurized irrigation systems and that all pressurizedirrigation systems shal1 comply with those standards,rules and regulations. plovided, however, that therequirements of thl-s subsection may be waived upon proofthat any particular lot, parcel or piece of land-doesnot have water rights in an existing irrigationdistrict.
A BAOSE,
F[?GENALO
t cnooxsroN
Counaalo?t
subdivided shal-I be covered and enc
P.O. Eor C7
a$42
T.hpion Ut0aa6t
o
e
Iosed with tilin orruvaent cover n c has e sameetour access to sa d atera or cana or anart o sa an s or areas e s a trorotses o sa tc atera or canaeCtmaI/tra ve sr u remen or cover n suctc1aeraor cana t n st t cose t u r n su not e serve n the
n dua case. An cover n ro ram nvo n tstronsstem o an rr at on s r cts ahave t e r ora rova o that a ec te rr
1 t to
atstrct.osts
S on ats
on sar t rar]-or art
onearovewere
c a a outrratonto avo e n a acen to an wa erwatcateraor cana tow t wou ef I^,SE enaturaaacent or w t wou ot erw se na urancu
Section 70. That Section 11-9-605 A., RESPONSIBILITY FOR
PLANS, of the Subdivision and Development Ordlnance is hereby
repealed.
sEcTroN 71.That Section 11-9-606 A., RESPONSIBILTTY FOR
PIANS, of the Subdivision and Devetopment Ordinance is hereby re_
enacted and sha1l read as follows:
A. RESPONSIBILITY FOR PLANS
It shalI be th-e.responsibitity and liability of everysubdivider, and the owner of the land being si_rbdividedlto construct and install every improvement shown on theplat of the subdivision or repreLented to be includedin the subdivision at any lresentation before thePlanning and.Zoning Commission or the City Council andthis responsibility and liabitity shaI1 -run wlttr theland and this - responsibility ana liaUltity sha11 beshown on the plat of the subdivision
Section 72. That Section 11-9-606 B., IMPROVEMINTS,
PUBLIC, 13., Street Lighting, of the Subdivision and Development
Ordj.nance ls hereby amended and shall read as follows:
13. Street Lighting
a. The City of Boise,s Lighting Ordinance- is hereby
ORDINANCE AIT,IENDING THE zoNING oRDINANCE
Page - 28
ot
ATaBROSE,
F|TZGENALO
r c8ooKsroN
P.O. Aor a27
$..2
T.brnoncott aatl
effect'and be in force and
apptovaL and publication as
effect from and after its passage,
required by 1aw.
PASSED by the City Council and Approved by the Mayor of the
City 'of Meridian, Ada County, Id.aho, this _ day of October,
1991.
APPROVED:
MAYOR,GRANT P. K INGSFORD
ATTEST:
CITY CLERK,JACK NIEMANN
ORDINANCE AII{ENDING THE zoNING oRDINANCE
Page - 31
2AA ZONINGSCHEDULAOFtN}E@N:IROL
I,AND USES
}JrOg A iegideotial
Apartuent Houses
Boarding r
Iadging Itrousea
Child Care Centrrs
I'anil, Child Care Hoae
Crroup Child Care Home
Home Ocanpations
Librariea
trrlobile ltrome ParLs and Subdivisions
Multi-FaDily DweUingg
Plarned Uait Derreloprnent -
Generat Plannd Residential
Planned Sesidential Development (PD)
Single-Faeily Dwelling
Itree,Faaily Dwdliog
Two-Famib Dwelliag Duplex
P = Permitted Use
C = Conditional Use
P-A = Permitted as Accesaory Use
DIS'TRIGIIS
84 84 &15 R-lo LO c-N @ BSC C4 gt @
cccc
IM
)
c
c
P.A
c
P.A
c
c
c
c
c
c
c
c
c
P
c
c
P
P
P
c
c
c
c
c
c
c
P
c
P
P
P
c
c
c
c
c
c
c
c
c
c
c
c
I
I
c
c
c
c
P
c
c
c cc c c
c
P
c
P
c
P
)
380
EXHIBIT "A"
cc- c
P.A
c
P.A
P
21{19 ZONING SCEEDT'I,E OF USE @NTBOL
I.AND USES
210fJ B Commercial
Accmnting Services
Adninistretive Servicee
Automobile Repeir Shop
Automobile Service Stations
Automobile Washing Facilities
Bakery Stores
Banls and other Financial
Bars, Alcoholic Establishnents
Bmadcasting, Radio and T.V.
Buc and Rail Stations
Cemeteriee
Child Care Center
Chur&es
Clinics (Medical, Dental & Optical)
Clubc & Iadgee
Constnrction Bldgs., Temp.
P = Permitted Use
C = Conditional Use
DISTRIGIS
84 BBg &lE Rro LO GN @ BItr CS O[ f I M
P
c
c
c
P
P
c
c
P
P
c
P
c
P
c
P
P
c
c
P
P
c
c
P
c
c
P
P
c
P
P
P
c
c
c
c
P
c
c
P
P
c
c
c
c
c
c
c
c
c
c
c
c
c
c
c
c
c
c
c
c
c
c
P
c
c
c
P
P
c
P
P
P
P
c
c
P
C
P
c
)
I
N)
I
c
c
c
c
c
c
c
c
c
c
c
c
c
c
c
c
c
)
380
ccc
2Ag ZONING SCIIEDT'IJ OF USE CONTROL
T,ANTT USES
249 B Comnercial
(continncd)
Coavtoieoce Stores
Departueot Storea
Ihins-In lteaters, Drive-In
Eatablighmeots
Dry Clcoting
Entertaianent Ceoters, lndoor
Entertainmeut Centers, Outdoor
Family Child Care Houe
Gangea, Public
Greenhouse, Nurseries
Group Child Care Home
Home Occrrpations
Hogpitals
Hotels
Laboratories Uedical, Dental, Optical)
P = Peraitted Uae
C = Cooditiural Uge
P-A = Pernitt d as Accessory Uae
DrsffucNl
84 Ed &J5 EJo I4 CiI C{ 8tp C4 o[ ]E r M
cc
ccccP.A C
cccc
P-A Ccc
c
c
c
c
c
c
c
c
CP
c
c"c
c
c
P-A
c
c
c
c
c
c
c
c
c
P
c
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2AO9 ZONING SCUEDI'I.E OF USE CONIBOL
I,AND I]BES
21{Jf) B Commercid
(otinued)
Ianrndries, Commercial
Ianmdrorata, Self-Service
Libraries aad Museumg
Morhraries
It[otele
Nur.i.g Homeg & Sanitsriums
Nurseriea & Day Care Centers
Plsrnd Commereial Developuent
Plaoned Unit Dwelopment - Creneral
hofeggioual & Sales Ofices
Pub[c Parting Iats
Rrblic & Quasi-Public Uees
Public Sersice Bacilities
nrbtshiag & Prinli'g Facilities (s'nrll)
P = Permitted Uses
C = Conditional Uaes
DR = Derign Beview
DISITRICIS
84 8d &r5 8JO LO c-N C{ BSC'C4 0[ E IM
c
P
c
c
P
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c
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c
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c
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P
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2A@ ZONINGS6EEDI'I,EOTUSE@NTROL
I.AI'ID T'SES .
2& C Conoercial
(coatimcd)
Badio & T.V-
f,eeiood Shophg C€otor
Bestaurarts
Retail St r€!
Betir,eaent Eomes
Reseerch Facilities
Sales Iate (fuh, nec, & Agric., Etc)
School - Prinate, Nuraery
School - hrblic
P = Permitted Uses
C = Conditimal Ueeg
DISITTUGIS
84 B4 R"15 840 IA CJC @ 8SC CS Otr IE I U
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2,-{/09 ZONINGSCEEDUIAOFUSE@NTAOL
IIIND USES
2.-1Og C Coorercial
(contiaued)
ShopeiDg Ceoters, Coromuaity
Shopping C€oten, Neighborbood
Srhopping Ceoters, Regional
Storage Facilitier, Iadoors
Storage Pacilitier, Ortdoors
Serrice Statioas
thrck St ps
Technical School - (Wittr Curicula Related
to the Principal Usee)
Veterinary Clinics & Hoapitals
Wholegale Facilities
P = Permitted Uaea
C = Conditioaal Utes
DISTRICIS
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II
2-409 ZorIIrrc SCflBDt LE 0F USE CO|ITROL
I.II{D USES
2-409 C I}'DUSTBIIL
DISTRICTS
R-4 B-8 B-15 n-40 L-O C-ll C-C nsc 'c-c CIII TE Ill
lppar.l Hanufacturlng
A6pbrlt & Concrct.
Autcobllc Wrccling Yard & Storagc
Batcqr Products
Eottling & Pachaging
Eulk Storagc (Flanablc Liquidsor Gascs )
CabiD.tB, Doora, Toys & Other
Secondary Wood Products
Carp€t & Dry Clcaning
Contractors Iard
Elcctrical supplies & Appliances
Electronic Eguipocnt & Products
Equipocnt - Hcavy, Farn, Etc.
(Sales & Repair)
Fabricated l{etal Products
Ercept Foundry Operations
Feed, Secd & F€rtilizer Store
Fil,-a Laboratories
Fucl Yards
Industrial Research
fnstnnents
Junk Iard
Leather Products (Except Tanning)
LLEb€r Yards
llachiae Shop
llobile Home llanufacturing
tlotor Vehicle Repair
Uolded Plastic Products
c
c
P
PP
c
P
P
c
cc
(
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UT
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c
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CP
CPP
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P = Pcrmitted Use
c = conditional use
to
CP
2409 ZONINCSCHEDULEOFUSE@NTROL
LANDUSES
2409 C lndustrial (C.ontinued)
DISTRICTS
R4 R-8 R-15 R,40 LO C-N C4 RSC C6 CTT TE I M
OfGce Machines
Photographic Equipment
, Planned Unit Devclopment4cneral
Planned Unit Development- Industriel
P6lting and Publishing
Processing Plants
Public Urilii Yrrds
Reilroad Yards & Shops
Recyding Plana
Sm.Il Machinery & Component Parts
Solid Waste Trensfer Stations
Warehousing. & Wholcding
(Ord.499, 11-l-88; emended Ord. 499, l-17 -89)
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4.250 rq.rt (4)
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30' ( 1)
20' (2)rs'(7)R€
35'
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20'5...t
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S!€et Frontaga Ootemined on Cul-De-Sac
Lots at Setbad Une
(4) Two-FamilyOw€flirlgs(5'') Por Story(6) A Srmllo, Minimum Lot May b€ Rsqussbd and Granbd
i, Doomod F€asiuo (o'd. lls6. !345; .md. fr. 470,
lG€6: fr. '€0, lcr(}aT; Od. 524, 4-+90)
(7) On corner lots in Residential Districts,the rear set back may be determined on aside of a structure, at the )option of the
bui 1de r .
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Fence Regulation CITY OF MERIOIAN
728 Merldlen Strrot
888.{.131,
6' Solld or 0pen Fence
Behlnd Set Back
t.| >i 4t groundarea
Leave open Accessto llater Meters,
Flre Hydran!
Power Tr,tnsformers, et<
5' Wood, Solldor Open Fence
3' Sol id Fenceor 4' Open
Type FenceIn Front of Setback
ood or Sol ld Fencer 4' 0pen Fence
Fence Regulation
CORNER LOT
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roperty LlneINSIOE LOT (P
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o
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to t rt€r l.leters ,Flre HydrrntrPower Transformers,et
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I7 A2
perty Llne
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or 0pen Fence
CITY OF MERIOIAN
728 Merldlan Str$t
88&.14:B
t x 4t gr.o
Fence Regulation 9-6
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5' Solid or open Fence
Eehlnd Set Back
Property
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Fence Regulation
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Type FenceIn Front of Setback
Site Triangle
4t x 4' ground
area
Leave Open Access
to llater Meters,
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Por"/er Transformers, etc.'
6' Wood, Solldor 0pen Fence
CORNER LOT
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!'leeks: Myself and a couple other neighbors do not wan! !o be forced into have to
hook on to sewer.
Johnson: Anyone else t,o testify?
crookston: Could Mr. Cherry please corne back up. Are these accurate ]oLs here
along the parceL there?
Cherry: This is a survey of it right here.
Crookston: Is there a house here on what you have as parcel *2?
Cherry: I bought this and had it divided. I own both parcels.
Discussion: TAPE ON FILE:
Johnson: Anyone else to testify?
Tealy: I would Like to address some of the concerns. werd be rnore than willing
to sit down with the people adjacent to us to determine vhere these stubs should
be put and to determine rrhat this is going to cost. It should be pointed out that
1lth street, which is the street we are using for frontage for these lots is stubbed
ouE both from south and north. I'd Iike to also point out there would be no
assessrnents for street woEkr sev€E r.Jork or water lrork, we pay for Ehat entirely.
crookston: Is there a concern by the Ada County Highway District as to wheEher or
not the other sider the west side of this road would ever be completed?
Tealy: Not at this time.
Johnson: Anyone eLse to testify? Hearing no response I will close the Pr:bl ic Hearing.
Hepper: I'd like to conanent on Mr. Cherryrs comnents about the road crossing back of
his house. Alot of these subdivisions that we are seeing con€ through now have got
lrhat they ca]} a Collector Street designation. On a Collector Street houses are noE
alloried to front on the Co.Llector Street. Itrs probably not a desirable situation
but itrs something that happens quite often.
The Motion was nnde by Rountree and seconded by Shearer to reconrnend approva.L to the
City Council with the indication from the developer 1) to work with adjacent property
ovners, 2) also that they cornply with the conditions set forth by ACHD.
Motion Carried: A.LL Yea:
I?EM *4: DISCUSSION ON PROPOSED AMENDMMITS 10 THE ZONING & DEVELOPMEITI ORDINANCE:
The petition to amend Ehe Zoning & Developrnent Ordinances a6 prepared by the city
Attorney was discussed.
MERIDIAN PLANNING & ZONING
MAY 14, 1991
PAGE #4
MER,IDIAN PLANNING & ZONING
MAY 14, 1991
PAGE *5
l4oEion Carried: AII Yea:
( TAPE ON FILE OF THESE PROCEEDINGS )
ATTEST:
CITY CLERK
l4ayor & Council,
P&zt'lembers,Atty,
ward, stuart, Gass, HaIIeEt,
Eng., BIdg., Police, Fire,
ACHD, MID, CDH, Settlers,
VaJ.Iey News, Stat.esman
rile (3)
Mait (3)
APPROVED
JIM JOHNSON, CHAIRMAN
The attorney was asked to clarify some of the items in the petition. The
AtEorney wai asked to include a couple of items that have come up since the
Joint l,lorkshop with t.he council:
In: 7t-2-4og zoning Schedule Use Control- to allow duplex units in Old Towne
DistricE. To include in 11-9-604C that perirneter fences for subdivisions be
required to be shor.m on the prell.minary plat sutxnittal. one other item that was
diicussed is the reguirernent of a cerEain square footage of living space be
required on the ground floor of a housing unit where the unit is a tvro story
.,nit. It was the concensus of the Conrnission that this be set at 8OO sguare
feet as part of 2-4ll-D.
The !,lotion was IIEde by Shearer and seconded by Hepper to adjourn at 8:35 P'M':
(
"pc:
AlraBOSE,
FITiIGEFALO
t cBooKstoN
P.O. aor (u,
3!ca2
T.bto.. B.aaar
1991 PET]TION TO At',1EN D THE ZONING AND DEVELOPMENT ORDINANCES
THE CITY OF MERIDIANOF
1.
phrase
Ar ea of
"Under
C o u n ty "
of
the
and
C0MES N0W, the Pl annj ng and Zoning Commission of the CityMeridian and hereby submits to itself and the City Counci I o?City of Meridjan the fol'l owing proposa I s to amend the ZoningDevel opment 0rdinances of the C'i ty of Meridian: to-w i t
To amend 11-2-40i C, Jurisdict'i on, deleting the lastin the paragraph v{hich reads, ',Commonly referred to as the
. Impac t ", and repl acing it wjth the following language,the Area of Impact agreements between the City a,ia AOi
-2. Amending 11-2-402 A, Intent and purpose, by deletingthe last three words in the f irst sentence of the paragraph whiciread, " and i mpac t zone,,, and replac'i ng them w.i th the followingl anguage, "and l and over whjch the City -has jurisdictjon under th6Area of Impact Agreements between the Cjty and Ada County,,.
3. Amend'i ng ll-2-403 B, Def ini tions as f o'l lows f or thef ol'l owing words, to wit:
Appl icant, by adding to the definition, ,,Applicant alsoincludes 9ny person submitting a request for rezone,condi tional use, accessory use, annexation, or request to beallowed to make any application authoiized under th-isordinance".
Applof t
that
'i cations, to substitute a comma 'i nhe definition after the word platspresently exists there.
8ui lding, existing, adding to the definjtionlanguage at the end, ',as of the effectiveordinance's initial adoption on Apri 1 Z, 7984.
the f ol lowingdate of this
Ceme tery, deleting the four th word in the secondot the definitjon, .whjch js, ,,cemetery,,,substituting the word ',.i nternment,,.
I ine
and
Certificate of 0ccupancy, in the thirdlanguage which now reads as f o'l lows, ,,has
the
for
third I inethe per i od
sixty (60) dayAutomobi le LJrecking Yard, to replace therequrrement with thjrty (30) days.
I ine
been
changing
changed,
the
the
1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCESOF THE CITY OF MERIDIAN --- PAGE 1
AMAFOSE,
FrrZGENALO
I CFOOKSTON
P.O. Aox €7
(ta2
1991 PETITION TO AItlEND THE ZONING AtI D DEVELOPT,IENT ORDINANCES
OF THE CITY OF MERIDIAN -.- PAGE 2
purpose for wh'i ch the bu j lding was constructed or was changed
ls being", to the fol lowing l anguage, "has been ch an ged, the
purpose-for wh ich the bui lding was constructed or changed is
capable of being."
Clinic (Medjcal, Dental, 0ptical), changing the def in jt'i on
io read as f o'l lowings, iA bui1ding ( other than a hospital)
used by one (1) or more health care pract i t ioners for the
purpos; of care, diagnosis or treatment of sick, ailing'
infirm, or injuied pit i ents, or those who are in need of
medicai and surgical attention, but which building does not
prov i de board, ioom or regul ar hospi tal care and services."
Commercial Use or Business, chang'i ng the def in'i tion to read
as fol'l ows, "The purchase, sale or other transact'i on
involving itre handiing or d'i sposi tion of any article,
substanc6 or c ommod i ty, or the dispens'i ng of serv i ces for
l'i ve l j hood or profitj ownersh ip or management of office
buildings, off i ces for recreational, entertainment or
arusemeit enterpri ses or the maintenance and use of off ices
by professjons and trades renderi ng serv i ces is 'i ncl uded jn
this defini tion."
Convalescent or Nursjng Home, Rest Home, changing the
definjtion to read al f o'l lows, "Any home, place or
'i nsti tut i on wh'i ch operates or mainta'i ns f aci I ities prov i d'i ng
convalescent, or ch ron ic care, or both, for a period in
excess of twinty-four (24 ) consecutive hours for two (2) or
nore patients not related by blood or marriage to the
operator, and sa'i d pat i ents, who by reason of iIlness or
inf irmity, are unable to p ro per 1y care for themselves.
Court, delet'i ng f rorn the definjtion, "Iocated above grade
level".
Dairy F arm, del ete the last clause of the definition wh'i ch
reads as follows, "and where the m'i lking area js subject to
the approval of the Idaho State Department of Health.
District or Zone, in the third Iine of the def init'i on deletethe sentence that reads as fo I 1ows, "The letter (A) shall
represent the Agricul tural Di strict".
Entertainment Facilities (Commercial), changing thedefinition to read as follows, "Any structure hous i ng any
"for profit" actjvity, which is general ly re) ated to the
entertainment field, such as motion picture theaters,taverns, night clubs, cocktai 1 Iounges, bowl ing all ies, and
simi l ar entertai nment activi t'i es. "
AMBBOSE,
FITZGEAALD
I CnOO(SrON
P.O. Eor iEn
el.2
T.l.96on Eeaa0l
L ot, Flag
Frontage
f ol l ows,
design".
Loading and Unload'i ng SPace, 0ff
in the second to the last word of
0riginal Parcel of Land, addi ng at
the fol lowing, ", APrj I 2' 1984'.
Manufacturi ng, Heavy,
the word "character".
t''lobi le Home, del eting the sentence
tlanufacturing, Light, in the fourth
del eting the serni-colon between the
and "and", and 'i nserting a c omma.
in the third l'i ne add'i ng a comma after
line of said definition
two word s "structures",
Lot, Doubleto read asor similar
Street, chang'i ng the "and"the def in'i t'i on to "0r".
'Amended 0rdinance 207".
the end of the def inition
as fo I I ows, "Thepartnersh ip or
1ot, adding th'i s definition between
and Iot, Fr on t age, and the def inition
"A lot in the shaPe of a f lag on a Pole
H
,i
b
t
I
ighway, del eting the def init'i on presently stated .andnierting the f o'l iowing def jni tjon, "mean s the entire wjdth
e tween ihe boundary l ines of every way publ icly mainta jned
hen any part is open to the use of the publ ic f or vehicular
raff ic, with jurisdiction extending to the adjacent property
'i ne, including sidewalks, shou'l ders, berms, and rights-of-
ay irot intendid for motorized traffic. The term 'street'
s interchangeable wi th h'i ghwaY."i
I mpac t Area
which reads
ordinances
deve I opment
,d
a5
of
eleting from the def ini t'i on the last sentence,
follows, "that area shall be governed by the
the City of Meri djan pertainjng to zon i ng and
0wnership, changing the defjnitjon to read
individual, firm, association, syndicate'
corporat i on who 'i s the own er of property".
Park i ng Area or Lot (Publ ic), in the th jrd line changing the
"and" between automobjles and commercial, to "or".
Professional 0ffices, delet'i ng the definition and
substitut'i ng the fol lowing, "structures where those engagedin a profess i on conduct their bus iness and activityrr.
Seat, adding to the def inition the insertion of the f ollowing
sentence right after seat, " the pl ace at, or the thing on,
which one sits".
I'la1kway, deleting from the definitjon the f o'l lowing language,
1991 PETITION TO AMEND THE ZONING AI{ D DEVELOPMENT ORDINANCES
OF THE CITY OF I'IERIDIAN --- PAGE 3
AMAROSE,
FII'ZGERALD
lcRoo(sToN
P.O. &r 427
l!42
,'f ive (5) feet or more in width".
4. Amend'i ng Ll-2-404 C, Commjssion-Planning and Zoning
Commission, such that 'i t reads as f ol lovs, l) "The Comm'i ss jon
stralt consist of f ive (5) voting rnembers. They sha'l I be appo-'i nted
Uy tne mayor and conf irmed by majoni ty vote of the counci I for
tirms of iix (O) years. An appo i n ted member of the commission
must have res i ded in the coun ty for f jve (5) years and in the city
for one (i) year prior to his appointment, and must remain a
resident of tlie city during his service on the commission. Except
that at least one 1t) Uut- not more than two (2) members may be
appointed from res i dents of the City Impact Area, outs'i d.e the
ibrporate Iimits. Such members shall have similar resjdence
requirements as those with'i n the City,,.except that they need not
nive resided in the City for one (1) year. l'lembers -o.f the
Corrisr-ion shal l be seiected w'i thout respect to po'l it'i cal
affi I jations and shal I serve without compensatjon. l'4embers may
be removed for cause by a majori ty vote of the counci l
"'
Amendjng 11-2-404 C, CoMMISSION,2., by the addition thereto of
the f ol iow'i ng at the end of the present paragraph:
"Pursuant to Sect i on 67-6520, Idaho Code
may appoint hearing exami n.tt t o1-a6-a r-iiT
subdivision and vari ance permits' and req
djstrict boundary changes wh.i ch are in acc
p1an, and conduct a'l 1 bus i ness in accordance
Sect i on 67 -5520" .
, the Commi ssi on
applications f or
uests for zoning
ord ance with the
wi th Idaho Code,
5. Amending 11-2-404 D, Council' 1) by the addjtion thereto
of the fol lowing,
"c. Pursuant to Sect'i on 67-6520, Idaho Code, the counci'I
may appoint hearing exami ners for hTiiT-ng-appl icati ons for
su6division and vaiiance perm'i ts, and requests for zoning
d'i strjct boundary changes wh ich are in accordance wi th the
p1an, and conduct a
Sec t i on 67 -6520" .
l1 business in accordance wi th Idaho Code,
'd. The counc iI shall perform such other dut i es as set
forth herei n".
6. 11-2-405the paragraph 1.,
wi th "vari ance".
7. 11-2-405
end of the section
c, u
the
se and Bu)k Regu l at i on s, 1. at the end of
term "cond jt jona'l use" shall be rep) aced
C 2, 8u1 k, the phrase 'condit'i onal use" at theshall be repl aced w'i th "vari ance".
8. LL-?-406 B, Avo'i dance of Undue Hardship, in the fourth
1991 PETIIION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
OF THE CITY OF MERIDIAN --- PAGE 4
AMAROSE,
FlrzcEAALD
t cFooxsloN
P.O. 3or ail7
!$a2
llLpio.. Ear6t
DEVELOPMENT ORDI NANCES
10. ll-2-407 B 2 d, should
have narrower or smaller rear
other open spaces; and".
be del eted and after the
comma and the date April
"orthere
l jne the l anguage "or arnendment" should
wo rd ord inance there should be placed a
2, 1984.
9. 11-2-406 C, in the fourth line the language
amendment" shoul d be de leted and after the v{ord ordinance
should be pl aced a comma and the date April 2' 1984.
"to
0r
be amended to readyards, fron t yards,
as f o'l 'l ows,
side yards,
11. ll-?-407 C,0fficial ScheduleAdopted, second paragraPh in the
" agri cu'l tural " shou'l d be deleted.
(POSSIBLY AMEND 11-2.408 B., ZONING DISTRICTS
i. R-4 TO SPECIFICALLY STATE THAT ONLY SINGLE FAMILY
DI.IELLINGS SHALL BI PERMITTED AND NO CONDITIONAL USES)
13. 11-2-409, Commercial-Churches, should be amended so that
they are a permitted use in the 01d Town Djstrict. Child Care
Centers shou ld be a conditional use in the C-G Zone. Under Bars,
Al cohol i c Establ ishments, they s,hould be a conditjonal use 'i n the
0ld Town Zone.
14. l1-2-409, Z0NING SCHEDULE 0F USE C0NTR0L, C, Industri a1,
should be amended to remove from the "Fabri cated l'4etal Products
(Except Major l{elding and Foundry 0perations" the "Major I'le1ding".
15. 11-2-410 A, Zoning Schedule of Bulk and Coverage
Controls, the A Distrjct and its associated requirements should
be de le ted, and the I un der D'i stri cts shou'l d be changed to
A1so, an as ter i sk (*) shou I d be added under R-1.5, Minimum
Setback Requirements from road right-of-way 'i nterjor side sothe street frontage is determined on the cu l -de-sac lots a
setback I ine.
12, LI.?-409, ZONING SCHEDULE OF USE CONTROL'
Residential, should be amended to allow only single-fami
dwelling un its in the R-4 District and that condjtional uses f
any other purpose than single-family dwe11ing units shalI
prohibited.prpLlr ;;B $,.\\:..'.-i i4 O-I^
I -L .
Yard
thatt the
A,
1y
0r
be
of Districtsecond I ine
Regulationsthe word
16. 11- 2 - 410 B 4, Archjtectural Projections,the word "chimney" added after the words "coveredbefore the word
should havepatios" and
L7. 11-2-410 D 1 B(4), should be changed to read
"The use shal l be considered as a Commerc ial Use,,.
as f o'l I ows,
199i PETITION TO AMEND THE ZONING AIID
OF THE CITY OF MERIDIAN -.. PAGE 5
AUAFOSE.
FIIZGEFA!O
ICROOKSTON
P.O. gor rl27
83Ca2
T.l.phon. 08Ga4ll
18.
"pay the
11- 2 -410 D 1 B(5), shall be changed to read as fo lI ows,
fee of $80.00.. .
11- 2 - 410 D 1 B(7), should be changed to r ead as fol lows:
are no object i ons f i led within the time for f iling the
zoning admjnistrators may grant the request"." If
s ame
19.
there
the
20, 11-2-413 should be repealed.
2L. 11-2-413 C 1I, should be renealed.)
c 1,. .oJ
l't. \r ,),'-'19't{I
A
Street Park i n9'
as fol I ows:
parking
22. 11-2-4i4 D, Design Standards For 0ff
should have added to it a 3., which would state
"3. Drainage: A drainage pl an des i gned by an archjtect
or an engi-neer shalI be submitted and required for a.lI
off s treet parking areas and shall be approved by the
Ci ty Engineer. "
Also, jn that section 11- 2 -414 D. some requirement for
s pace requirements for schoo'l s shou I d be added, and re
number oi parking spaces requ i red for a nursery and
centers rel ating 1o the number of children and staff.
v I evt
day
the
care
23. 1l-2-476 B, Injtiation of Zoning Amendments, Iast
paragraph shall nave the following .de ) e ted, "llhen a -zoningimeniment and deve'l opment reques t are issued simultaneously, the
procedure that shalI be fo l lowed shalI be that wh'i ch is outl jned
in Section 4, Title 9, Chapter 6, of the City 0rd inances entitled
Subdj vis i on Approval Procedure".
24. 11-2-416 C i7, should be repealed.
1) shou'l d be amended to read as25.fol lows:
7L-2-416 E, Procedures,
"The appl icant shalI prov i de the City Cl erk w'i th the n ames
and addresses of property owners wjth'i n 300 feet of the
external boundari es of the Iand being considered, and any
additjonal area that may be 'i mpacted by the sa'i d appl ication,
as determined by the cornmission and f i fteen (15) days prior
to the hearing set pursuant to 11-2-416 E 2 b, post a copy
of said not i ie on the property under consideratjon and
del iver to the zoning adm i n'i strator a notorized statement
that he has pos ted the property and the date the posting was
p1aced."
26. 1l-2-416 E
commi ss i on shal I:2 sha'l I be amended as follows, "The
1991 PETITION TO AMEND THE ZONING ANO DEVELOPMENT ORDINANCES
OF THE CITY OF }4ERIDIAN --- PAGE 6
ATAFOSE,
FiIZGEFALD
lcFooxsToN
P.O. 8or a27
13642
T.l.9hon t8&aa61
a. Gj ve notice of the hearjng, at least f i fteen (15) daysprior to the heari ng, by certified majI to property ownerswjthin the land be'i ng considered and to owners v{ith jn three
hundred (300) feet of the external boundaries of the land
being considered and any add'i t'i onal area that may be impacted
by said applicat'i on as determ ined by the Commi ss ion. Saidnotice by cert'i fied mai'l must be deposited with the United
States Post 0ff ice at least f i fteen (15) days prior to the
hearjng. Sajd notice shall contain a vicinity map of the
property, a brief statement of the nature of the appl ication,
the name and address of the applicant. l,/hen notice is
requ i red to two hundred (200) or more property owners or
residents, in Iieu of the mai'l notification, notice of the
proceeding and hearing required hereby may be given by
publ ishing the notice for two (2) consecutive weeks in the
off jcial n ews paper of the City of Meridian prov j ded that the
second notice appears ten (10) days prior to the public
hearing.
b. Prior to recommending an appl ication, conduct at least
one (1) publ ic hear.i ng in wh'i ch interested persons sha'l I have
an opportun i ty to be heard. At least f ifteen (15) d ays prior
to the hearing, notice of the time and pl ace and a summaryof the appl ication to be discussed sha'l 1 be publ ished jn the
off jci al newspaper or paper of genera I ci rcul ation within the
City of Meridian.
c. tJithin forty-five (45) days from the hearing, transmjtits recornmendat i on to the Counci l rti th supportive reasons.
The Commjssion may, however, continue the matter f rom meeti ngto meeting if jt finds that it does not have sufficient
information to make a decision. The Commission shall
recommend that the app) ication be approved, approved with
condi tions or den j ed. The Commission shal'l j n sure that any
approval or approval with cond'i tions of an appljcatjon shal'l
be in accordance wi th the Comprehensive P'l an, thjs 0rdinance
and State I aw.
d. Mainta'i n a record of the hearing, f ind'i ngs made and
actions taken.
27. 11-2-416 F 1, should be amended such that it reads as
f ol lows:
"Hearing, The Counc i l shal l conduct at least one (1) public
hear i ng fol lowing the not i ce and requirements contained inLl-2-4L6 E.2., and the Counci'l having given notice as
requ i red by 11-2-416 E.2.a. by ord i n ary f irst call mail.
28. 11-2-4L7, needs to be amended by del eting from the
1991 PETITION TO AMEND THE ZONING AI{D DEVELOPMENT ORDINANCES
OF THE CITY OF MERIDIAN --- PAGE 7
AI'BhOSE,
FITZGEAAID
T CFOOKSTON
P.O. Aor .27
aL2
T.l.9hon 884{aal
DE VELOPI',IENT ORD I NANCES
second paragraph of that section the fol lowing I anguage, "And a
statement of the otrner grant i ng to the C ity a lien against the
property to secure the payment of al I costs incurred by the Ci ty,
including engineering, publ ication and attorney costs and fees.
29. 11-2-418 B, needs to be
second sentence of the phras e "or
32.
S c h ed u I e.
33. LL-2-422 E, needs to be
everything in the section, except thefees are not paid, the City may
cond'i tional use perm i t, accessory use
permi t, zoning certif icate in itial ly
the case of an annexation procedure,
property".
amended by the deletion
I esseet'.
in the
30. 11-2-418 B L2, 14, 15 and 18 need to be repealed.
31. l1-2 -419 B 22, needs to be repealed.
1l-2-422 A L,needs to be revised to change the Fee
amended by the deletion offol'l owjng I anguage, " If al'lrevoke any zoning permit,
perm i t, v ali an ce, occupancy
gi ven the appl icant, and in
the City may de-annex said
34. 17-?-424 A 2., on the Fence Designations, the drawings
should show the dimensions around the water meter to be 4' x 4'.
35. 11-9-604 C, Requirements of Prel imi nary Plats 6. m.,
should be amended to read as fo I 1ows, "Any proposed or existingutilities, including, but not limited to, storm and sanitary
seuJers, irrigation 1atera 1s, d itches, drainages, bridges,culverts, water mai ns, fire hydrant-s, street lights, and their
r espective profiles".-1 P.,,^-{* }^iCr
36. 11-9-605 J. Fences, needs to be amended to add a
paragraph concerning the use of fences on top of berms. This
needs to be jnvestigated.
37. l1-9-605 1., should be added relating to Piping 0f
D i tches, which wou ld read as follows:
"Ti l ing of irrigation ditches, I atera I s or cana I s. Allirrigation d i tches, I atera 1 or canals, exc lus i ve of naturalwaterways, 'i ntersectjng, crossing or lying adjacent and contiguousto an area being subdiv'i ded shall be covered and enc'l osed-wjthti1in9 or other cover i ng equivalent in abi lity to de tour accessto said dj tch, lateraI or canal, or any part of said Iands orareas being subdivjded touch either or both s.i des of said d.i tch,lateral or cana'l . The City may wajve this requirement forcovering suc h d.itch, I ateral or cana'l , if it f inds tirat the publicpurpose requiring such will not be served in the individual case.
1991 PETITION TO AMEND THE ZONING AND
OF THE CITY OF MERIDIAI.I .-- PAGE 8
P.O. Eor a27
gta2
Any cover i ng program involving the.distribut'i on sys tem of any
iriioation d.! siriit strall have ihe prior approval of that affected
aistiict. lio subdivision plat sha'l I be approved where the
subdivision .i s arb jtrarily or artif icially laid out to avo'i.d. being
;;j;.;"i io "ny irrigation ditch, lateral or canal to vihich it
woutO otte.w.i sd be naiura'l Iy adiacent or which it would otherwise
natural ly incl ude.
38. 11-9-606 A.,
such that the existing
a new paragraPh added
f o I I ows :
39. 11-9-617
the sight triangles
RESP0I'ISIEILITY F0R PLANS, should be amended
paragraph 'i s des i gnated as paragraph 1. and' deiignated as 2. which shou I d read as
"It shall be the responsibility and liability of the
subdjvider and own er of ev ery subdivision to construct and
iniiuil every improvement shorrn on the plat of !he
subdivis.i on oi represented to be included in the subdivis ion
ii-iny presentation before the Planning.and Zoning.Commission
ri 1ri.'City Council and this responsi!illtv and liuPllilv
ihull .rn wi tt the land and this responsibi lity and l iabi'l ity
sha'l 'l be shown on the plat of the subdjvision"'
A.3.,
for
there should be a drawi ng added showing
f ences.
DATED thJS day of May, i991.
JTtr-Io-H'['s0-N;-fH-rf R-ilT[-pI-A.NNING AND
ZON I NG COMI'4I SS I ON
1991 PETITION TO AMEND THE ZONING AND DEVELOPI.'IENT ORDINANCES
OF THE CITY OF MERIDIAII --. PAGE 9
AMAFOSE,
FIIZGERA!O
I CFOOI(STOi{
AMAnOSE.
FIIZGEFALO
tcaooKsToN
P.O. Eor aiu
Lr&T
Td.pnon SSaaatl
NOTICE OF SPECIAL MEETING
N0TICE IS HEREBY GIVEN that the Planning and Zoning
Commission and the City Councjl of the City of ttler jdian will hold
a joint special meet'i ng at 6:00 o'clock p.m., Tuesday, Apri'l 30'
1991, at the Meridian City Ha1l, 33 East Idaho Street, Meridian,
Idaho. The purpose of said meeting is to djscuss the amendments
to the Zoning and Development 0rdjnances.
The publ ic is welcome and but no comments and no test'i mony
will be taken regarding the above matter.
DATED th i, / 7l\auy or .r"l , 1991.
HUB OF TREASURE VALLEY
A Good Place to Live
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone ttt-,1433
GRANT P, KINGSFORD
MaYor
Ch.irm.n Zonln! E Pl.nnin0
JIM JOHNSON
OFFICIALS
JACl( NlEMANtl, Clly Clark
JANICE GASS, Tr.r!ut.r
BnUCE O SIUARI, rry.l.r Woli! SuPi
WAYNE G CBOO(STON,JB, AIIOIN'Y
EAeL wAFlO, W.!l! w.r.r SUP!.
(ENNY EOWEBS, Flro Chl6i
BlLLGoBooN, Polic. Cnlol
GARY SMITH, Clty E.9ln60r
CITY OF MERIDIAN
COUNCILMEN
AONALD R TOLSMA
J E, BEFI MY€FS
FOBERTGIESLEA
Dear Jitrt
nt the regular f,eeting of the Meridian Planning & Zonrng
Coaoisslott 6eld on APrit lO' 1991, we discussed the provision in
tfr" io"l"g & DeveloP.ent Ordinances that does not al lo|, f,ajor
*.ioi"g itt a Light Industrial Zone, althouqh it does allow
fabricated .etal Products.
Qpri I 1e' l99l
Mr. Jin Boyd
The l.l i nder CorPanY
P. O. Box 7387
Bo i se' Idaho 837O7
It was the consensus of
clarify and define what
this provision fron the
this r.rould be done alonq
thi s year.
SincereIyt
le nk&.inistrator
pc: P & Z I'le.bers
the Cortission that He needed to either
is considered rajor welding or strike
Ordinances. The Comnission agreed that
with so.e other changes needed so;etime
yC
ing7
Jaci
-if ALL*AMERlChr{
INSURANCE
P.O. BOX 645 MERIDIAN, IDAHO 83642 (208) 888-1465
April tl, 19 91
Honorable Mayor Grant Kingsford
City of Meridian
JJ .h. ldaho
Meridian, Idaho, 83642
Subj ect: Multi-Family Proposed Developnent
Dear Grant,
Your Plannlng & Zonlng Commlssion members have requested dlrectlon
from you and the City Council regarding Meridianrs stance on proposed
multi-family units, particularly duplexes, that are presented by
developers to the Commission for review. There Is a feeling that council
members are sensitive to these types of proposals, to the point of being
negative on occassion.
Thus, the d11ema. Homeowners routinely have testlfled negatlvely about!0ulti-fanily rental being located in near proximity to their hones;citing a decrease of property values, traffic, children, congestion,
crowded schools etc. etc,
We would prefer a joint neeting rather than a rarritten response, perhaps
before a scheduled Clty Council neeting?
Best Regards,
R. Johnson
/es
our request to you for guidance ls generated by the followlng factors:1, Meridian has been progressive and aggresslve about pronotlng
economic growth.
2. The economic growth brings with it workers, many of whorn are
renters, not hone buyers.
3, Currently the average entryrr leveL hone 1s costing about
$65,000 and is not affordable to many peopLe attracted to our
Conmunity because of our growth orlented attitude,
4, Developers and realtors have come before the Conmlssion in
recent meetlngs expresslng the real need for rental property
ln our area.
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