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HomeMy WebLinkAboutUDC 06 02 05.pdCITY OF MERIDIAN UNIFIED DEVELOPMENT CODE 6/2/05 2 TITLE 11 UNIFIED DEVELOPMENT CODE Chapter 1 – General Regulations Article A – Definitions Article B – Nonconforming Property, Use or Structure Chapter 2 – District Regulations Article A. Residential Districts Article B. Commercial Districts Article C. Industrial Districts Article D. Traditional Neighborhood Districts Chapter 3 – Regulations Applying to All Districts Article A. Standard Regulations in All Districts ACCUMULATION OF JUNK BIKEWAYS CLEAR VISION TRIANGLE DITCHES, LATERALS, CANALS OR DRAINAGE COURSES FENCES MULTIUSE AND MICRO PATHWAYS NATURAL FEATURES NOXIOUS USE OUTDOOR LIGHTING OUTDOOR SERVICE AND EQUIPMENT AREAS OUTDOOR SPEAKER SYSTEMS OUTDOOR STORAGE PRESSURIZED IRRIGATION SYSTEMS PUBLIC UTILITIES PUBLIC WATER SUPPLY AND SEWER SYSTEMS SELF-SERVICE USES SIDEWALKS AND PARKWAYS STORM DRAINAGE STRUCTURES SUBJECT TO DESIGN STANDARDS TRAVELING SLEEPING QUARTERS UTILITIES Article B. Landscaping Requirements Article C. Off-street Parking and Loading Requirements Article D. Sign Requirements Article E. Temporary Use Requirements Article F. Private Street Requirements Article G. Common Open Space and Site Amenity Requirements Chapter 4 – Specific Use Standards ANIMAL CARE FACILITY ARTS, ENTERTAINMENT AND RECREATION FACILITY, INDOOR AND OUTDOORS ARTIST STUDIO BUILDING MATERIAL, GARDEN EQUIPMENT AND SUPPLIES CEMETERY CHURCH OR PLACE OF RELIGIOUS WORSHIP CIVIC, SOCIAL AND FRATERNAL ORGANIZATIONS CONTRACTOR’S YARD DAY CARE FACILITY 6/2/05 3 DRINKING ESTABLISHMENT DRIVE-THROUGH ESTABLISHMENT DWELLING UNIT, SECONDARY EDUCATION INSTITUTION EQUIPMENT RENTAL, SALES, AND SERVICE ENTERTAINMENT ESTABLISHMENT, ADULT FINANCIAL INSTITUTION FLEX SPACE FOOD PRODUCTS, PROCESSING FUEL SALES FACILITY AND FUEL SALES FACILITY, TRUCK STOP HOME OCCUPATION HOSPITAL HOTEL OR MOTEL INDUSTRY, INFORMATION INDUSTRY, LIGHT AND HEAVY LAUNDROMAT MULTIFAMILY DEVELOPMENT NURSERY OR URBAN FARM NURSING AND RESIDENTIAL CARE FACILITY PUBLIC OR QUASI-PUBLIC USE PUBLIC UTILITY, MAJOR; AND PUBLIC INFRASTRUCTURE RECYCLING CENTER; SOLID WASTE TRANSFER STATION STORAGE FACILITY, OUTSIDE STORAGE FACILITY, SELF-SERVICE TERMINAL, FREIGHT OR TRUCK VEHICLE IMPOUND YARD VEHICLE REPAIR, MAJOR AND MINOR VEHICLE SALES OR RENTAL VEHICLE WASHING FACILITY VEHICLE WRECKING OR JUNKYARD VERTICALLY INTEGRATED RESIDENTIAL PROJECT WAREHOUSE WIRELESS COMMUNICATION FACILITY Chapter 5 - Administration Article A. General Provisions Article B. Specific Provisions CERTIFICATE OF ZONING COMPLIANCE UNIFIED DEVELOPMENT CODE TEXT AMENDMENTS ANNEXATIONS AND REZONES VARIANCES ALTERNATIVE COMPLIANCE CONDITIONAL USES Article C. Surety Agreements Chapter 6 - Subdivision Regulations Article A. General Provisions Article B. Subdivision Process Article C. Subdivision Design and Improvement Standards Chapter 7 - Planned Unit Developments 6/2/05 1 Chapter 1 GENERAL REGULATIONS CHAPTER 1 GENERAL REGULATIONS SECTIONS: 11-1-1: TITLE 11-1-2: PURPOSE 11-1-3: SCOPE AND CONTENT 11-1-4: APPLICABILITY 11-1-5: INTERPRETATION 11-1-6: ERRORS IN LEGAL DESCRIPTIONS OF PROPERTIES 11-1-7: REFERENCES 11-1-8: PRESERVATION OF PRIVATE PROPERTY RIGHTS 11-1-9: SAVING CLAUSE 11-1-1: TITLE: Upon adoption by the Meridian City Council, this portion of the Meridian City Code (Title 11) is declared to be and shall hereafter constitute the official zoning ordinance of the City of Meridian. Title 11 shall be known and cited as the Unified Development Code of the City of Meridian. The Unified Development Code of the City of Meridian is published by authority of the Meridian City Council, and it shall be kept up to date as provided in Section 1-1-3 of the Official Meridian City Municipal Code. Within this document, the Unified Development Code of the City of Meridian shall be referred to as “this Title.” 11-1-2: PURPOSE: A. Carry out the intent and purposes of the “Local Land Use Planning Act,” Idaho Code §67-6501 et seq. as amended; B. Carry out the policies of the comprehensive plan by classifying and regulating the uses of property and structures within the incorporated areas of the City of Meridian; C. Establish districts within the City of Meridian in accord with the adopted comprehensive plan in conformance with Idaho Code §67-6511; D. Provide standards for the orderly growth and development of the City of Meridian. As required by Idaho Code §67-6511, such standards include, but are not limited to, those regulating: 1. The height, number of stories, size, design, construction, reconstruction, alteration, repair or location of structures. 2. Size, minimum lot dimensions, landscape buffers, size of required yards, and density of residential properties. 3. The use of structures and property; E. Ensure the most appropriate use of properties; 6/2/05 2 Chapter 1 GENERAL REGULATIONS F. Protect property rights and enhance property values; G. Provide a method of administration and prescribe penalties for the violations of regulations hereafter described as authorized by the Constitution and Laws of the State of Idaho; and H. Protect and promote health, safety and the general welfare. 11-1-3: SCOPE AND CONTENT: This Title shall consist of the text adopted by Ordinance XX, as amended from time to time, and the Official Zoning Maps adopted by Ordinance XX, as amended from time to time. Copies are available for review at the Meridian City Hall. This Title and each and all of its terms are to be read and interpreted in light of the designations of the Official Zoning Maps. 11-1-4: APPLICABILITY: The regulations of this Title shall apply and govern development and use of all properties (a) within the corporate limits of the City of Meridian and (b) outside the City limits for which annexation has been requested, or as otherwise permitted through written agreement(s) with Ada County. A. No person or public agency shall construct, alter, move, or change the use of a structure or undertake any development unless: 1. The proposed use, structure, or division of property complies with this Title. 2. Any required approval is first obtained as provided by CHAPTER 5 ADMINISTRATION of this Title, and any applicable conditions of approval are met. B. Nothing in this Title shall eliminate the need for obtaining any other required permits, including, but not limited to, building permits, plumbing, electrical, or mechanical permits, grading permits, or any permit, approval, or entitlement required by other titles of the Meridian City Municipal Code, other political subdivisions of the State of Idaho, or agencies of the State of Idaho. C. All properties in the Meridian City corporate limits shall comply with the regulations of this Title unless otherwise preempted by Federal statute or local law statutory ordinance. D. The prosecution of violations that occurred under previous land use regulations and that remain a violation under this Title shall continue until resolved. E. Applications pending as of the effective date of this Ordinance [XX]: 1. Project with pending application. All applications shall be processed according to the regulations and requirements in effect as of the date the Director accepted the application. 6/2/05 3 Chapter 1 GENERAL REGULATIONS 2. Approved project with pending request for a time extension. Time extension requests shall be consistent with the requirements that are in effect when the original application was approved. 3. Approved projects not yet completed. Any approved application may still be completed as provided by the approval. 11-1-5: INTERPRETATION: A. Language. 1. Terminology. When used in this Title, all words used in the present tense shall include the future; words used in the singular number shall include the plural number and the plural the singular, unless the natural construction of the sentence indicates otherwise. The word “shall” is mandatory, and the word “may” is permissive. 2. Number of days. Whenever a number of days is specified in this Title, or in any permit, condition of approval, or notice issued or given as provided in this Title, the number of days shall be construed as calendar days, except that such time limits shall extend to the following working day when the last of the specified number of days falls on a weekend or Meridian City holiday. 3. Minimum requirements. When interpreting and applying the regulations of this Title, all regulations shall be considered to be minimum requirements, unless stated otherwise. Proposed uses shall comply with all applicable regulations and standards unless specifically exempt elsewhere in this Title. 4. Defined terms. Terms defined in Section 11-1A-1 of this Title shall have their defined meaning when used elsewhere in this Title. For the purpose of readability and clarity, such terms are not shown in initial caps. 5. Section headings. Section headings or captions are for reference purposes only and shall not be used in the interpretation of this Title. 6. References. All references to State or Federal laws and/or regulations shall refer to such laws and/or regulations as they may be amended over time. B. Measurements 1. Structure height shall be measured in accord with the Meridian City Building Code as set forth in Title 10, Chapter 1, of the Meridian City Municipal Code. 2. Linear distance shall be measured in a horizontal line; it shall not be measured along an inclined surface or line. For uses that have a separation standard, the distance shall be measured from the nearest customer entrance of the proposed use to the nearest property line of the specified use. The measurement is to be conducted in a radial fashion by the specified number of feet (e.g., 300 feet, 1,000 feet). 6/2/05 4 Chapter 1 GENERAL REGULATIONS C. District boundaries. Where uncertainty exists about the location of any district boundary shown on the Official Zoning Map, the following rules shall be used to resolve the uncertainty: 1. Where a district boundary approximately follows a property line, such property line shall be construed as the district boundary. 2. Where a district boundary approximately follows a street, alley, or railroad line, such street, alley, centerline, or the extension of such line shall be construed as the district boundary. 3. Where a district boundary approximately follows a watercourse, the centerline of the watercourse shall be construed to be such boundary. In the event of a change in the watercourse shoreline, the boundary shall be construed as moving with the actual shoreline. 4. Where a district boundary does not obviously coincide with any of the above lines (property; street, alley, or railroad line; watercourse), or where it is not designated by dimensions, it shall be deemed to be located along the nearest section, quarter section, or sixteenth section line. D. Conflicting regulations. 1. In case of conflict between the text and the maps of this Title, the maps shall prevail. 2. If conflicts occur between different regulations of this Title, or between this Title and other regulations of the Meridian City Municipal Code, the most restrictive regulation shall apply. 3. It is not intended that this Title interfere with, abrogate, or annul any easements, covenants, or other agreements between parties; however, where this Title imposes a greater restriction upon the use of structures or premises or upon the height of structures, or requires larger space than is imposed or required by ordinances, rules or regulations, or by easements, covenants, or agreements, the regulations of this Title shall govern. E. Allowed Uses. If a proposed use of property is not specifically listed in CHAPTER 2 district regulations, the use shall be prohibited, except as follows: the Director may determine that a proposed use not listed in 6/2/05 5 Chapter 1 GENERAL REGULATIONS CHAPTER 2 district regulations, is equivalent to a principal permitted or conditional use. In making the determination, the Director shall consider the following: 1. The impacts on public services and activities associated with the proposed use are substantially similar to those of one or more of the uses listed in the applicable base districts as allowed; 2. The proposed use shall not involve a higher level of activity or density than one or more of the uses listed in the applicable base districts as allowed; 3. The proposed use is within the same three- digit category of an allowed use listed in the latest edition of the North American Industrial Classification System (NAIC), published by the United States Department of Commerce; 4. The proposed use is consistent with the purpose of the district in which the use is proposed to be located; and 5. The proposed use is in substantial conformance with goals and objectives of the Comprehensive Plan. 11-1-6: ERRORS IN LEGAL DESCRIPTIONS OF PROPERTY: Where a property has not been zoned because of an error in a legal description, the following shall apply: A. If the error is caused by the City, the error shall be corrected and duly processed by the City as soon as the error is discovered. B. If the error is caused by the applicant and/or owner, the applicant shall apply for an Official Zoning Map amendment and submit the proper fees pursuant to CHAPTER 5 administration of this Title. 11-1-7: REFERENCES: References in this Title to other ordinances or codes of the City of Meridian and statutes of the State of Idaho are provided solely for the coordination of this Title with such other ordinances and statutes. Any amendments to cited codes that are adopted subsequent to the adoption of this Title shall be applicable to this Title. 11-1-8: PRESERVATION OF PRIVATE PROPERTY RIGHTS: A. This Title shall be interpreted to equally protect citizens from the undue encroachment on their private property by their neighbors’ use of their private property and equally protect each citizen’s right to use of their property without creating undue burden upon their neighbors. B. In the administration of this Title, every person shall be secure in their premises, and no employee of the City shall enter upon, investigate, or search any of the premises of any citizen without the consent of such citizen or order issued by a court of proper jurisdiction. 6/2/05 6 Chapter 1 GENERAL REGULATIONS C. Every citizen of Meridian City shall have the right to appear in person or be represented by their agent before the Council in the proper order of business to appeal a decision pursuant to the procedures contained in CHAPTER 5 administration of this Title. D. In the enforcement of this Title, it shall be deemed to apply equally to each citizen and each property in similar circumstances, and shall not be enforced to discriminate between one individual and/or another individual or other group as compared to all others. 11-1-9: SAVING CLAUSE: Should any section, clause, or regulation of this Title be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this Title as a whole, or any part thereof, other than the part so declared to be invalid, each section, clause, or regulation hereof being declared severable. 6/2/05 1 Chapter 1 Article A. DEFINITIONS CHAPTER 1 GENERAL REGULATIONS ARTICLE A. DEFINITIONS ARTICLE A. SECTIONS: 11-1A-1: DEFINITIONS 11-1A-2: FIGURE 1 AND FIGURE 2 11-1A-1: DEFINITIONS: As used in this Title, each of the terms defined shall have the meaning given in this section unless a different meaning is clearly required by the content. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. The most current version of the Merriam-Webster’s Unabridged Dictionary of the English Language shall be considered as providing accepted meanings. References to the NAIC are North American Industrial Classification System (NAIC), published by the United States Department of Commerce. ABANDONED To cease or discontinue a use or activity for twelve (12) months without apparent intent to resume. See also sign, abandoned. ABUT OR ABUTTING Having a common border with the subject property. ACCESSORY STRUCTURE A detached structure in a residential base district that is incidental and subordinate to the principal structure and is located upon the same property. The term accessory structure shall include, but not be limited to, the following: private garage, storage structure, workshop, and/or greenhouse. The term shall not include additional structures for approved public, commercial, or industrial uses. ACCESSORY USE A use that is incidental and subordinate to the principal use, and is conducted upon the same property. ADA COUNTY STREET NAME COMMITTEE An advisory group on street naming. ALLEY A public or private way affording only secondary means of access to abutting property at the back or side of a property. ALLOWED USE Any use listed in Tables 11-2A-2, 11-2B-2, 11-2C-2 and 11-2D-2, as a principal permitted, conditional, or an accessory use. ALTERATIONS, STRUCTURAL Any change, other than incidental repairs, which would prolong the life of the supporting members of a building or structures, such as bearing walls, columns, beams, and girders. ALTERNATIVE COMPLIANCE An administrative determination that a specific application achieves or exceeds specific requirements as set forth in this Title. Consideration of alternative compliance is limited in circumstances as identified in this Title. ANIMAL CARE FACILITY Any structure, or portion thereof, that is designed or used for the boarding, care, grooming, diagnosis or treatment of animals, including but not limited to sick, ailing, infirm or injured animals, and those that are in need of medical or surgical attention. The term animal care shall include but not be limited to an animal clinic, animal hospital, or veterinary office or kennel. 6/2/05 2 Chapter 1 Article A. DEFINITIONS ANNEXATION The process by which the City’s corporate boundary is expanded to incorporate additional property pursuant to Idaho Code §50-222. ANTENNA A transmitting or receiving device used in telecommunication that radiates or captures radio or other signals, including omni-directional or whip, directional or panel, parabolic or dish, and ancillary antennae. ANTENNA, OMNI-DIRECTIONAL Also known as a whip antenna. Receives and transmits signals in a 360 degree pattern of varying lengths and typically less than 4 inches in diameter. ANTENNA, ANCILLARY An antenna that is less than 12 inches in its largest dimension and that is not directly used to provide personal wireless communication services (i.e., cell phone service.) An example would be a global positioning antenna. ANTENNA, DIRECTIONAL Also known as panel antenna. Receives and transmits a signal in a directional pattern typically encompassing an arc of 120 degrees. ANTENNA, PARABOLIC Also known as dish antenna. A bowl-shaped device that receives and transmits signals in a specific directional pattern. APPROVED USE The term approved use as used in this Article shall include, but not be limited to: a principal permitted use with a certificate of zoning compliance; an approved conditional use; or an approved accessory use. ARTERIAL See street, arterial. ARTISTS STUDIO The use of the site for small-scale, craftsman-operated production of materials, assembly of parts, or the blending of materials, including metal, plastics, computer components, electronics, oils, and resins. Uses included are furniture refinishing, machine shops, cabinet- makers, frame shops, and works of art. ARTS, ENTERTAINMENT AND RECREATION FACILITIES (NAICS CODE 71) The use of a site or facility for entertainment, spectator sports or recreational activities. The use includes, but is not limited to: amusement parks, carnivals, motion picture and performing arts theaters, racetracks, sports fields, golf courses, fitness clubs, museums, zoos, marinas, bowling, video and other games and amusements. AWNING A projecting cover extending over a door, window or wall section with support attached to the structures and used as cover, protection, or as decoration. AUTOMATED TELLER MACHINE (ATM) A pedestrian-oriented banking device operated by a financial institution for use by its customers for conducting transactions. The machines may be located at or within the financial institutions, or in other locations. ATMs for use by customers in vehicles are included in the definition of drive-through establishment. BABYSITTING 1) The act of caring for up to three (3) children at the home of the babysitter while the parents or usual guardians are absent on a sporadic or occasional basis; or 2) The act of caring for sibling children at their home or at the home of a relative. Babysitting is not regulated by this Title. BARRIER A vertical element including, but not limited to, a fence, wall, structure, or a combination thereof, that completely surrounds an area and controls access to such area. BERM An earthen mound designed to provide visual interest, screen undesirable views, and/or decrease noise. 6/2/05 3 Chapter 1 Article A. DEFINITIONS BUFFER A combination of physical space and vertical elements, including but not limited to, trees, shrubs, berms, artwork, fountains, seating and/or other landscape features. BUILDING A building shall be as defined by Title 10 BUILDING REGULATIONS, Chapter 1, of the Meridian City Code. BUILDING ENVELOPE The area on a property exclusive of the required yards, setbacks, buffers, and unbuildable areas. See Figure 1. BUILDING MATERIAL, GARDEN EQUIPMENT, AND SUPPLIES (NAICS CODE 444) The use of a site for the retail sale and service of merchandise used in home and garden improvements. The use includes home and garden centers; hardware stores; lawn and garden equipment supply stores; paint and wallpaper stores; lumber yards; nursery, garden and farm supply stores. BUILDING OFFICIAL The officer or other designated authority charged with the administration and enforcement of the Building Code as established by Title 7 of the Meridian City Code or the Building Official’s duly authorized representative. CALIPER A measurement of the diameter of the trunk of a deciduous tree. The caliper of the trunk shall be measured six (6) inches above the ground for all trees up to and including 4-inch caliper size, and 12 inches above the ground for larger sizes. CANOPY A roof-like structure projecting from the exterior surface of a building, but not attached to the building or freestanding, constructed of a supporting framework and covered with nonrigid materials. CASH ESCROW Cash or certified check submitted to the City Clerk for incomplete landscape improvements in order to secure a temporary Certificate of Occupancy. CEMETERY The use of a site for the interment of human remains or cremated remains. The use includes burial parks, mausoleum for vault or crypt interments, columbarium for cinerary interments or a combination thereof. CERTIFICATE OF OCCUPANCY Official certification that a building and site conform to the provisions of City Codes, including appropriate conditions such as a development agreement, and/or conditional use permit. CERTIFICATE OF ZONING COMPLIANCE A document issued by the Director that certifies that the structure or use meets the requirements of this Title. CHORD MEASUREMENT A straight line measurement from the beginning point of a curvature to the ending point of a curvature. CHURCH OR PLACE OF RELIGIOUS WORSHIP An establishment that by design and construction is primarily intended for conducting organized religious services, meetings, and associated activities and that is recognized as a religious corporation or society of the State of Idaho with a state tax exempt status in accord with Idaho Code §63-602B. CITY The City of Meridian, Idaho. CITY ENGINEER The City Engineer of the City of Meridian, Idaho, or an authorized representative of the Meridian Public Works Department. CIVIC, SOCIAL AND FRATERNAL ORGANIZATIONS (NAICS CODE 813) A facility owned or operated by an organized association of persons for a social, literary, political, educational or recreational purpose primarily for the exclusive use of members and their guests; and not primarily operated for profit nor to render a service that is customarily carried on as a business. 6/2/05 4 Chapter 1 Article A. DEFINITIONS CLEAR VISION TRIANGLE The boundaries of an area at the intersection of (a) two (2) public streets; (b) the intersection of a public street and driveway; (c) the intersection of a public street and alley; or (d) at the crossing of a railroad over a street, where visual observations are limited and specified by this Title for the purpose of protecting public health and safety. Also known as a sight vision triangle. See Figure 3. COLOCATION The use of a single tower to support more than one wireless telecommunication service provider's equipment, or the mounting of an antenna to a preexisting structure. COMMERCIAL VEHICLE See vehicle, commercial. COMMISSION The Planning and Zoning Commission of the City of Meridian, Idaho. COMMON DRIVE An access shared by adjacent property owners that is privately owned and maintained. COMPREHENSIVE PLAN The duly adopted comprehensive plan for the City of Meridian, Idaho, pursuant to the “Local Land Use Planning Act,” Idaho Code §67-6501 et seq. as amended. CONDITIONAL USE A use that, owing to some special characteristics attendant to its operation or installation (for example, potential danger, hours of operation, or noise), is allowed in a district subject to approval by the Planning and Zoning Commission and subject to special requirements in conformance with Chapter 5, Article B of this Title and as enabled by Idaho Code §67-6512. CONDOMINIUM An estate in real property as defined in Idaho Code §55-101B that is not a subdivision. CONTIGUOUS LAND Unplatted parcels held in one ownership that abut each other at a common boundary. CONTRACTOR A person who agrees to furnish materials or perform services at a specified price, especially for construction. The term contractor shall include, but not be limited to, building, landscaping, electrical, plumbing, heating, or air conditioning contractors. CONTRACTOR’S YARD Any area of land used by a contractor for storage, maintenance, or processing incidental to the business of building, hauling, excavation, demolition, or similar activity and including any area of land used for minor pre-installation work or repair of machinery used for any of the above listed activities. CORNER PROPERTY See property, corner. COUNCIL Meridian City Council. CUL-DE-SAC See street, cul-de-sac. DAY CARE FACILITY Any home, structure or place where nonmedical care, protection or supervision is regularly provided to children under twelve years of age, or disabled persons of any age, for periods of less than twenty-four (24) hours per day, while the parents or guardians are not on the premises. There are three types of day care facilities distinguished by the number of individuals served: Day care center: more than twelve (12). Day care, group: more than six (6) but no greater than twelve (12). Day care, family: six (6) or fewer. DECISION-MAKING BODY The Director, Commission, or Council, as set forth in Chapter 5 of this Title. DEDICATION The setting apart of land or interests in land for public use, charitable, religious, or educational purposes. DENSITY The number of dwelling units per acre of land. 6/2/05 5 Chapter 1 Article A. DEFINITIONS DENSITY, GROSS The ratio of the total number of dwelling units within a development divided by the total area, including streets; alleys; easements; waterways; and common spaces. DEVELOPMENT Any construction or installation of a structure, or any change in use of a structure, or any subdivision of property, or any change in the use of the land that creates additional demand and/or need for public facilities. DEVELOPMENT AGREEMENT A written agreement as a condition of annexation or rezone between the Council and an owner or applicant concerning the use or development of a property in accord with Idaho Code §67-6511A and Chapter 5 ADMINISTRATION of this Title. DEVELOPMENT APPLICATION An application for development that requires approval and/or action by the Director, Commission, or Council. DIRECTOR The Director of the Meridian City Planning Department or an authorized representative. DISTRICT OR ZONE The zone district classification, listed in Chapter 2 of this Title, in effect on any given property. DRINKING ESTABLISHMENT The use of a site primarily for the sale or dispensing of alcohol by the drink or glass. The use includes, but is not limited, to bar, brewery, lounge, night club, and tavern. DRIVE-THROUGH ESTABLISHMENT The use of a portion of a structure where business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle. The term drive-through establishment shall include, but not be limited to, providing food or beverage service, bank service, and/or film processing. The term drive-through establishment shall not include fuel sales facility or vehicle washing facility as herein defined. DUSTLESS MATERIALS Hard surfaces used for driveways, loading and parking including but not limited to concrete, asphalt, grasscrete, pavers, bricks, and macadam. DWELLING OR DWELLING UNIT Any structure, or portion thereof, providing independent living facilities for one family as herein defined, including provisions for living, sleeping, eating, cooking, and sanitation. See Figure 2, of this Title, for types of dwellings. DWELLING, MULTIFAMILY A structure, or portion thereof, that contains three (3) or more dwelling units or apartments, where all such units are located on the same property. For the purposes of this Title, a multifamily dwelling shall be deemed multifamily development. DWELLING, SECONDARY A habitable dwelling unit established in conjunction with and subordinate to a single-family dwelling unit. The term shall include guest house, granny flat, carriage house, garage apartment and caretaker unit. DWELLING, SINGLE- FAMILY ATTACHED A structure containing two (2) dwelling units attached by a common wall or walls, where each dwelling unit is located on a separate property. DWELLING, SINGLE- FAMILY DETACHED A detached structure that accommodates a single dwelling. DWELLING, TOWNHOUSE A structure containing three (3) or more dwelling units attached by common walls where each dwelling unit is located on a separate property. DWELLING, TWO-FAMILY DUPLEX A structure containing two (2) dwelling units attached by a common wall, where both dwelling units are located on the same property. 6/2/05 6 Chapter 1 Article A. DEFINITIONS EDUCATION INSTITUTION, PRIVATE (NAICS CODE 61) The use of a site for education purposes not supported by the State of Idaho. The use includes, but is not limited to, elementary and secondary schools; institutions of higher learning; professional, technical and trade schools; driving schools; fine arts schools and studios. EDUCATION INSTITUTION, PUBLIC (NAICS CODE 61) The use of a site for education supported by the state of Idaho. The use includes, but is not limited to, elementary and secondary schools; institutions of higher learning; and vocational schools. EMPLOYEE A person employed on the premises by the property owner and receiving not less than seventy-five percent (75%) of the employee’s annual income from said property owners. ENTERTAINMENT, ADULT Adult entertainment shall be as defined in Title 3, Chapter 10 of the Meridian City Code. EQUIPMENT SALES, RENTAL AND SERVICES The use of a site for the sale, rental or servicing of tools, trucks, tractors, construction equipment, agricultural implements, or similar industrial equipment. FAMILY 1) A person living alone or two or more persons related by blood or marriage; 2) A group of not more than ten (10) persons who need not be related by blood or marriage living together in a dwelling unit; 3) Eight (8) or fewer unrelated mentally and/or physically handicapped or elderly persons residing in a dwelling under staff supervision, provided that no more than two (2) staff members reside in the dwelling at any one time. FENCE An enclosure or barrier constructed of wood, masonry, stone, wire, metal or other manufactured materials used to enclose, screen or separate areas. Walls, latticework, and screen are considered fences. FENCE, CLOSED VISION A fence that does restrict or impede vision or sight through the fence by twenty percent (20%) or more. FENCE, OPEN VISION A fence that does not restrict or impede vision or sight through the fence by more than twenty percent (20%). FENCE, NON-SCALABLE A fence erected as a barrier to unauthorized access by persons or vehicles, usually six feet (6’) in height and often made of wrought iron or woven wire. FENCE, SOLID A fence that effectively conceals from viewers in or on adjoining properties and streets, materials stored and operations conducted behind it. FINAL PLAT See plat, final. FINANCIAL INSTITUTION (NAICS CODE 52) The use of a site for lending, exchanging and handling money or currency for customers. The use includes, but is not limited to, credit unions, savings and loan, commercial banks, cash machines, insurance agents, and loan establishments. FLAG, CONVENTIONAL Any fabric or bunting containing distinctive colors, patterns, or emblems used as a symbol of a government, political subdivision, or other such entity. FLAG, DECORATIVE Any fabric or bunting containing distinctive colors, patterns, or symbols used to communicate business identification and/or attract, distract, hold, direct or focus public attention. FLAMMABLE SUBSTANCE STORAGE An establishment, or portion thereof, wherein combustible substances (as defined by the Uniform Fire Code) are stored. FLEX SPACE The use of a site for warehousing, offices, and/or retail showroom. Flexibility in use of the interior spaces and low-scale, attractive exterior appearance characterize flex buildings. 6/2/05 7 Chapter 1 Article A. DEFINITIONS FLOOR AREA, GROSS The measure of total square footage of habitable space of a structure. FOOD PRODUCTS, PROCESSING (NAICS CODE 311) The use of a site for producing, manufacturing, processing or storage of food products. The use includes, but is not limited to beverages, coffee, ice, snacks, fruits, vegetables, spices, confectionary, and dairy products, Excluded uses are animal products, seafood, milling and refining. FOOTPRINT Area of the ground covered by a structure, including the foundation and all areas enclosed by exterior walls and/or footings. FREIGHT TERMINAL See terminal, freight or truck. FRONT PROPERTY LINE See property line, front. FRONTAGE The front of the property, measured along the street from side property line to side property line. On corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage. FRONTAGE STREET See street, frontage. FULL CUT-OFF SHIELD In its installed position, a light fixture with a full cut-off shield will not allow any direct light above a horizontal plane and no more than five percent (5%) of the total light output may come from the zone from fifteen (15) degrees below the horizontal to the horizontal plane. See Figure 5, of this Title. FUEL SALES FACILITY A retail establishment that sells and supplies motor fuel, lubricating oils, and/or grease to on- premise trade. The use may also include an accessory convenience store selling a limited line of groceries and self- service food items. FUEL SALES FACILITY, TRUCK STOP A retail establishment that sells and supplies motor fuel, lubricating oils, and/or grease to on- premise trade, primarily to trucking industry. The use may also include accessory repair shops, automated washes, convenience store, restaurant and/or motel. GIRDLING Damaging or removing the bark and cambium layer around a tree trunk in a manner that usually kills the tree. GLARE Light emitted from a fixture with intensity great enough to cause visual discomfort, eye fatigue, reduction in a viewer’s ability to see and, in extreme cases, momentary blindness. GRADE The elevation of the finished surface of the ground adjacent to the midpoint of any exterior wall of a building or structure. GRANDFATHER RIGHTS See Chapter 1, Article B nonconforming property, use, or structure of this Title. GRAND OPENING A promotional activity used by newly established businesses, within two (2) months after occupancy, to inform the public of their location and service available to the community. Grand opening does not mean an annual or occasional promotion of retail sales by a business. GROSS LAND AREA The total area of the land being developed, exclusive of required street buffers and buffers between incompatible land uses. The calculation for required open space in residential subdivisions and multifamily residential development is based on the gross land area of the land being developed. HARDSHIP An unusual situation on an individual property that will not permit the property owner to enjoy the full utilization of their property as is enjoyed by others in the same District. A hardship can exist only when it is not self-created. Examples of hardship include unusual shape of the property, natural features, or other exceptional physical conditions on the property. 6/2/05 8 Chapter 1 Article A. DEFINITIONS HEAD-TO-HEAD SPACING Placement of sprinkler heads in a rectangular pattern such that one sprinkler head sprays to the next (spacing is fifty percent (50%) of the sprinkler’s spray diameter). HEALTH AUTHORITY The Central District Health Department, the Idaho Department of Health and Welfare, the United States Environmental Protection Agency, and any agency as may succeed to any of their powers. The term health authority shall be liberally construed to include all of the adopted, approved or certified plans, rules, regulations, statutes or laws of the health authority. HEALTH CARE AND SOCIAL SERVICES (NAICS CODE 62) The use of a site for ambulatory health care services. Included in this use are offices of dentists; physicians; chiropractors; optometrists; mental health practitioners; physical, occupational and speech therapists; audiologists; outpatient care centers; family planning centers, medical and diagnostic laboratories, imaging centers, kidney dialysis centers; blood and organ banks. HEAVY INDUSTRY See industry, heavy. HEIGHT, WIRELESS COMMUNICATION FACILITY The vertical distance measured from finished grade to the top of the pole, structure, or tower, including the antenna. HOME OCCUPATION An occupation, profession, activity, or use that is clearly an incidental and secondary use of a residential dwelling unit and that does not alter the exterior of the property or affect the residential character of the neighborhood. HOSPITAL A medical institution licensed by the State that is devoted to the maintenance and operation of facilities for the medical or surgical care of patients twenty-four (24) hours a day, including air transport facilities. The term hospital does not include health care and social services, nursing and residential care facility, or establishments that forcibly confine patients. HOTEL OR MOTEL An establishment that provides lodging to the public for a fee as defined by Idaho Code §67- 4711. IMPACT AREA The area of future possible city incorporation as established by the Area of City Impact Agreement with Ada County. IMPERVIOUS SURFACE A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration or absorption by water. It includes surfaces such as compacted sand or clay as well as most conventionally surfaced streets, roofs, sidewalks and parking lots. INDUSTRY, INFORMATION (NAISC CODE 51) The use of a site for processing data. The use includes, but is not limited to, publishing industries such as newspapers, books, music, Internet and software; recording and broadcasting studios; data processing centers, call centers, Internet providers and other information systems. INDUSTRY, HEAVY 1) A use engaged in the basic processing and manufacturing of materials or products, predominately from extracted or raw materials; 2) A use engaged in storage or manufacturing processes using flammable or explosive materials; 3) Storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions. INDUSTRY, LIGHT A use engaged in the manufacture, processing, fabrication, assembly, treatment, and/or packaging of finished products or parts, predominantly from previously prepared materials. INFILL Any vacant lot or parcel within a developed area of the City, where at least eighty percent (80%) of the land within a three hundred feet (300’) radius of the site has been developed, and where water, sewer, streets, schools and fire protection have already been developed and are provided. 6/2/05 9 Chapter 1 Article A. DEFINITIONS JUNK Discarded, used, or secondhand materials, including but not limited to, used machinery, scrap copper, brass, iron, steel, other ferrous and non-ferrous metals, tools, appliances, implements, vehicles or portions thereof, furniture, beds and bedding, rags, glass, plastic, cordage, rubber, building materials (excluding lumber), or other waste that has been abandoned from its original use and may be used again in its present or in a new form. LANDSCAPE MAINTENANCE Watering, weeding, pruning, mowing, litter removal, pest control, and removal/repair of vandalism as needed to maintain a neat and orderly appearance. LAUNDROMAT 1) An establishment that provides washing, drying, and/or ironing machines for hire; 2) an establishment that provides washing, drying and/or ironing services to walk-in retail customers. LAUNDRY AND DRY CLEANING An establishment that washes large quantities of laundry or dry cleaning for commercial patrons in machines larger than standard laundry machines. LETTER OF CREDIT A letter issued by a bank or other guaranteed financial institution authorizing the City of Meridian to draw a stated amount of money from the issuing bank under specific, stated conditions. LIGHT INDUSTRY See industry, light. LIGHTING, DIRECT Lighting, the source of which is visible to a viewer and/or which is reflected from the surface of a sign or building. LIGHTING, INDIRECT OR INTERNAL Lighting for which the source of light is located in such a manner that the light must travel through a translucent material other than the bulb or tube necessary to enclose the light source, which material has the effect of dispersing the light before it strikes the eye of the viewer. LIVING AREA The area of a residential dwelling as measured in square feet, excluding the garage. LOT A portion of a subdivision intended as a unit for transfer of ownership and development. LOT, COMMON A lot held in common ownership among all owners of the subdivision and separate from individual building lots. MANSARD ROOF A sloped facade architecturally able to be treated as a building wall. MANUFACTURED HOME 1) A dwelling constructed according to HUD/FHA construction and safety standards and as defined by Idaho Code §39-4105. 2) A rehabilitated dwelling certified by the State of Idaho Department of Labor and Industry, Building Safety Division. MANUFACTURED HOME PARK A multifamily residential development developed exclusively for siting manufactured homes on individual spaces that are rented or leased. MATCHED PRECIPITATION RATES Sprinklers that are designed to work together on the same irrigation valve to deliver an equivalent rate of water application, regardless of the arc of the nozzle being used. MICROPATH A pathway providing access by way of a short travel link between points of destination. MITIGATION An action that will eliminate, minimize or compensate for impacts from development or uses. MOBILE HOME A transportable structure suitable for year-round single-family occupancy and having water, electrical, sewage connections similar to those of conventional dwellings. This definition applies only to units constructed prior to June 15, 1976. 6/2/05 10 Chapter 1 Article A. DEFINITIONS MONOPOLE A cylindrical-shaped pole, usually made of steel, that has no visible break in shape or appearance, other than tapering, which is secured to the ground in a manner to stand vertically upright. MORTUARY An establishment in which deceased human bodies are kept and prepared for burial or cremation. MOTEL See hotel or motel. MULCH A protective covering placed around plants to prevent the evaporation of moisture, the freezing of roots, and the growth of weeds. MULTIFAMILY DEVELOPMENT Development where there are three (3) or more dwelling units or apartments located on the same property. A multifamily dwelling may or may not be present on the property. MULTIFAMILY DWELLING See dwelling, multifamily. NATURAL WATERWAYS Natural waterways as defined by the United States Army Corp of Engineers, including but not limited to, the Five Mile Creek, Eight Mile Creek, Ten Mile Creek, and Jackson Drain. NEIGHBORING PROPERTIES Abutting properties and any properties separated from the subject property solely by a roadway or dedicated easement. NONCONFORMING PROPERTY A property that lawfully existed prior to the effective date of this Title, but that does not now conform to the dimensional standards for the district in which it is located. NONCONFORMING SIGN See sign, nonconforming. NONCONFORMING STRUCTURE A structure that was lawfully constructed and/or existing prior to the effective date of this Title but that does not conform to the dimensional standards for the district in which it is located. NONCONFORMING USE A use that lawfully existed prior to the effective date of this Title but that does not now conform to the allowed uses for the district in which it is located. NURSERY OR URBAN FARM Any grounds, structures, greenhouses, or premises in which garden, landscaping, or florist’s stock is propagated, grown, stored, or packed for commercial sale, and where the general public may purchase goods. NURSING AND RESIDENTIAL CARE FACILITY (NAICS CODE 623) The use of a site for providing assistance to individuals needed to perform the routines of daily life. The use includes, but is not limited to, children’s treatment facility, assisted care, skilled nursing facility, residential care facility, and drug and alcohol treatment facility. OPEN SPACE An area substantially open to the sky that may be on the same property with a structure. The area may include, along with the natural environmental features, parks, playgrounds, trees, water areas, swimming pools, tennis courts, community centers or other recreational facilities. The term shall not include streets, parking areas, or structures for habitation. OUTDOOR ACTIVITY AREA An area not fully enclosed that is associated with the use, including storage, equipment, loading and docking, but excluding vehicle parking. OWNER A person, as herein defined, having sufficient proprietary interest in the land to maintain proceedings under this Title. PARCEL A tract of unplatted land or contiguous unplatted land held in single ownership, considered a unit for purposes of development. 6/2/05 11 Chapter 1 Article A. DEFINITIONS PARCEL OF RECORD, ORIGINAL A parcel of land that was of record in the Ada County Recorder’s office prior to April 2, 1984. PARKING FACILITY The use of a site for parking vehicles for a fee. PARKING LOT OVERLAY Any resurfacing of existing parking lot areas with asphalt or other permanent material. PARKING LOT REPLACEMENT Removal of the existing parking surface done for the purpose of improvement or repair. PARKING LOT, RESTRIPING Any change in the configuration, size or distribution of existing painted stripes designed to create spaces for motorized vehicles. PARKING SPACE, OFF- STREET An area adequate for parking an automobile with dimensions conforming to the requirements of Chapter 3, Article C. OFF-STREET PARKING AND LOADING REQUIREMENTS of this Title. PARK A public or private open space that is primarily used for active recreation. PARKWAY A landscaped area located between the edge of a street section or curb and a sidewalk dedicated to separate pedestrian and vehicular traffic. PEDESTRIAN SCALE The proportional relationship between buildings, outdoor spaces, or streetscapes and the dimensions of the human body. Design on a pedestrian scale is dimensionally smaller than design intended for vehicular traffic flow. Examples are lighting and other street features that are no higher than twelve feet (12’); surfaces with small dimensions such as brick and pavers, a variety of planting and landscaping; arcades or awnings that reduce the perception of wall heights; buildings that reflect detail, texture and variety, and signs that are designed for the pedestrian viewing from a short distance. PENNANT Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind. The display of a single pennant, unattached to another, may be regarded as a type of decorative flag. PERMITTED USE See principal permitted use. PERSON Includes, but is not limited to, an individual, associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other or any other similar entity. PERSONAL AND PROFESSIONAL SERVICES The use of a site for the provision of individualized services generally related to personal needs. Personal service uses include, but are not limited to beauty and health care services such as salons, hair, nail and skin care, spa, and barbers; locksmiths; and repairs such as footwear and leather goods, and watches. Professional service uses include, but are not limited to: architects, landscape architects and other design services; computer designers; consultants; lawyers; media advisors; photography studios, and title companies. The term does not include health care and social service. PLANNED UNIT DEVELOPMENT (PUD) Property planned as a unit that demonstrates innovation and creativity in site design to protect natural features, preserve open space and create public amenities. PLAT, FINAL A map or plan of an approved preliminary plat meeting all the requirements as set forth in Chapter 6 SUBDIVISION REGULATIONS of this Title and in a form required for recording with the Ada County Recorder. PLAT, PRELIMINARY A tentative map or plan of a proposed subdivision of land, cemetery, or replatting of land, meeting all the requirements set forth in Chapter 6 SUBDIVISION REGULATIONS of this Title. 6/2/05 12 Chapter 1 Article A. DEFINITIONS PLAT, RECORDED A final plat including certificates, descriptions, approvals and requirements as set forth in Chapter 6 SUBDIVISION REGULATIONS of this Title and the Idaho Statutes, and recorded with the Ada County Recorder. POWER PLANT 1) An electricity-generating facility regulated by the Federal Energy Regulatory Commission including, but not limited to, fossil fuel, geothermal, hydroelectric, biomass, and wind energy conversion facilities; or 2) A Qualifying Facility as set forth in 18 CFR Part 131.80. PRINCIPAL PERMITTED USE The use of land or a structure allowed in a specific district as distinguished from an accessory or conditional use. PROHIBITED USE Any use that is not listed as an allowed use for that district in Tables 11-2A-2, 11-2B-1, 11-2C-1, and 11-2D-1, or as determined by the Director in accord with Chapter 1 GENERAL REGULATIONS of this Title. PROPERTY A lot or parcel as herein defined. PROPERTY BOUNDARY ADJUSTMENT The division for conveyance of a lot or parcel for the purpose of adjusting the boundary between properties. PROPERTY, CORNER A property located at the intersection of two (2) or more streets. PROPERTY, FLAG A property in the shape of a flag on a pole where access to the street is from a narrow right-of- way. PROPERTY LINE, FRONT The line separating the lot or parcel from the street on which it takes access, excluding alleys. PROPERTY LINE, REAR The property line opposite and most distant from the front property line. Where the lot or parcel is irregular and the property lines converge, the rear property line shall be deemed to be a line at a point where the side property lines are not less than twenty (20) feet apart. PROPERTY LINE, SIDE Any property line other than a front or rear property line. A property line adjoining a street is called a street side property line. A property line adjoining another property is called an interior side property line. PROPERTY SIZE The computed horizontal area contained within a property. PROPERTY, THROUGH A property other than a corner property having frontage on two (2) parallel or approximately parallel streets, excluding alleys. PUBLIC AMENITY The term public use or amenity shall include, but not be limited to, the following: school site, bike path, transit shelter, park site, and public safety facility such as police, fire, or emergency medical facilities. PUBLIC OR QUASI- PUBLIC USE The use of a site for a public purpose or public facility, including municipal, state and federal services. The use includes, but is not limited to, city hall; community centers; courts; emission testing facility; fire station; law enforcement; library; park-and-ride lot; post office; and transit stations. PUBLIC RIGHT-OF-WAY A right-of-way open to the public and subject to the jurisdiction of a public highway agency. PUBLIC UTILITY Facilities owned and operated by a public utility as defined in Idaho Code §61-129. PUBLIC INFRASTRUCTURE The use of a site for a public infrastructure including, but not limited to: 1) power substation, electric substation, grid switching site, electric transmission line; 2) water reservoir; and 3) municipal wastewater and treatment facility. 6/2/05 13 Chapter 1 Article A. DEFINITIONS PUBLIC UTILITY, MINOR The use of a site for minor public utility infrastructure including, but not limited to: 1) pumping station for water, sewer, or gas; 2) electric sub-transmission line, electric distribution line; 3) water tank; and 4) storm drainage facility and storm detention facility that is not within a right- of-way. PUBLIC UTILITY, MAJOR The use of a site for a public purpose, including municipal and utility shops, garage, or storage. QUASI PUBLIC USE See public or quasi-public use. REAR PROPERTY LINE See property line, rear. REAR YARD See yard, rear. RECREATION ITEM, PERSONAL The term personal recreation item shall include, but not be limited to, bus, boat, snowmobile, horse trailer, and all terrain vehicles. RECREATIONAL VEHICLE A portable structure primarily designed as temporary living accommodation for recreational, camping, and travel use and as defined in Idaho Code §49-119. RECREATIONAL VEHICLE PARK A premise upon that two (2) or more parking sites are located, established, or maintained for occupancy by recreational vehicles for temporary use for recreation or vacation purposes. RECYCLING CENTER An establishment that is not a junkyard and in which recoverable resource materials, such as paper products, glassware, and metal cans, are collected, sorted, flattened, crushed, or bundled within a completely enclosed structure prior to shipment to others who use such resource materials to manufacture new products. RESIDENTIAL DISTRICT For the purposes of this Title, the term residential district shall include the Low Density Residential District (R-2), Medium Low Density Residential District (R-4), Medium Density Residential District (R-8), Medium High Density Residential District (R-15), High Density Residential District (R-40), and Traditional Neighborhood Residential District (TN-R). REQUIRED YARD See yard, required. RESTAURANT 1) The use of a site for the primary purpose of food preparation, having kitchen and cooking facilities, and where meals are regularly served to the public for compensation. The use includes, but is not limited to café, coffee shop, delicatessen, diner, eatery, grill, pizza parlor, restaurant, retail bakery; sushi bar, steakhouse. 2) Establishments with a liquor license that includes a restaurant certificate and that meet the definition of restaurant as set forth in Idaho Administrative Code 11.05.01.04. 3) Establishments with a beer and wine license that meet the definition of restaurant as set forth in Idaho Administrative Code 11.05.01.04, including but not limited to brew pubs and wine bars. RETAIL STORE The use of a site that offers merchandise to the public for monetary compensation. The use includes, but is not limited to, convenience stores; food stores; apparel and accessories stores; book, computer, and music stores; electronics and appliances; florists; furniture and home furnishings; general merchandise stores; health and personal care stores; hobby, office supplies, stationary and gift stores; specialty stores; sporting goods; and used merchandise stores. RIGHT-OF-WAY See public right-of-way. SECTION LINE ROADS The following roads are section line roads within the Meridian Area of City Impact: McDermott, Black Cat, Ten Mile, Liner, Meridian, Locust Grove, Eagle, Chinden, McMillan, Ustick, Fairview, Franklin, Overland, Victory, and Amity. The term shall include other roadways that follow surveying section lines as additional areas are added to the Meridian Area of City Impact. 6/2/05 14 Chapter 1 Article A. DEFINITIONS SELF-SERVICE USES Any commercial use in which there is not an attendant on the site during all hours of operation, including but not limited to automated teller machines, laundromats, vehicle washing, fuel sales facilities, and storage facilities. SETBACK The minimum required distance between the property line and the nearest structure. See Figure 1. SIDE PROPERTY LINE See property line, side. SIDE YARD See yard, side. SIGHT VISION TRIANGLE See clear vision triangle. SIGN Any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, to communicate information of any kind to the public. See Figure 9. SIGN, ABANDONED 1) A sign that no longer serves to advertise a bona fide business, lessor, owner, or activity conducted or product available on the premises, where such sign is located. 2) An inoperable reader board. SIGN, ANIMATED A sign, any visible part of which blinks, flashes, moves or changes color to depict action or create a special effect or scene, regardless of the source of energy causing the animation, except signs performing only a public service function indicating time, temperature, stock market quotations or similar services. SIGN, ARCHITECTURAL BLADE Roof sign or projecting sign with no legs or braces that is an integral part of the building structure, rather than an object added to or standing on the building. SIGN, AWNING The copy area or separate background areas attached to an awning. To be computed as a wall sign when awning is parallel to the wall. SIGN, BACKGROUND AREA The area comprising the portion of a sign on which copy could be placed, not including the supporting structure. When computing the area of sign background, only the face or faces that may be seen from one direction at one time shall be considered. SIGN, BANNER Any lightweight fabric or similar material, usually with a message attached, that is mounted to a pole, building or other on-site structure. Flags, as herein described, shall not be considered banner signs. SIGN, BILLBOARD A non-point-of-sale sign that advertises a business, organization, event, person, place or thing and that is typically located adjacent to a state or interstate highway right-of-way. SIGN, CENTER A freestanding sign allowed as part of the planned sign program. See Section 11-3D-9 of this Title. SIGN, CHANGEABLE PANEL See sign, readerboard. SIGN, CONSTRUCTION Any temporary sign located upon a property or construction site with a valid and active building permit and generally used for the purpose of identifying the participants, type, time, and reason for construction. SIGN, COPY Any combination of letters, numbers, or logos (identifying print) that is intended to inform, direct, or otherwise transmit information. SIGN, COPY AREA The area of the sign occupied by copy. It is computed by measuring the area enclosed by straight lines drawn to enclose the extremities of the copy. 6/2/05 15 Chapter 1 Article A. DEFINITIONS SIGN, DIRECTIONAL A sign that foremost contains words such as "entrance," "enter," "exit," "in," "out," or characters indicating traffic directions and used either in conjunction with such words or separately. SIGN, FREESTANDING A sign whose background or copy area is wholly supported by a column, pole, foundation, pedestal or other support structure in or upon the ground and that is independent from any structure or other structure. SIGN, HEIGHT OF The distance measured vertically from the adjacent street grade as measured from the top of curb (or edge of pavement where no curb exists) to the highest point of the sign or visual appurtenances. The height of any landscape berm or other structure erected to support or ornament the sign shall be measured as part of the sign height. For residential subdivision identification signs, sign height applies only to that portion of a structure which is physically supporting the sign background area. Other architectural elements primarily related to the entry feature are not regulated as part of the sign height. SIGN, HANGING See sign, under canopy. SIGN, HOLIDAY OR DECORATION Temporary signs in nature of decorations, clearly incidental to and customarily associated with any national, local or religious holiday. SIGN, ILLUMINATED A sign that uses a source of light for illumination. SIGN , NONCONFORMING A sign, sign structure, or use of a sign lawfully existing prior to the effective date of this Title but that does not now conform to the dimensional standards for the district in which it is located. SIGN, OFF-PREMISES A sign that is not related to the property upon which it is located or to the activity being conducted thereon. SIGN, ORIENTATION The placement of a sign in accord with its primary visibility from a particular location. SIGN, PERMANENT Any sign intended and constructed to be long term in nature. SIGN, POLE COVER Decorative structure or treatment that encloses the support structure of a freestanding sign. SIGN, PROJECTING A sign other than a wall sign, that projects from and is supported entirely by a wall of a building or other structure. SIGN, PROJECTION The distance by which a sign extends over public property or beyond the building line. SIGN, PUBLIC SERVICE INFORMATION A. sign that provides general public service information such as time, date, temperature, weather, directional information and other non-commercial messages of interest to the traveling public. SIGN, READERBOARD A sign on which copy is changed. Copy can be changed manually or automatically. Also known as a sign, changeable panel. Automated readerboards may also be classified as animated signs. SIGN, REVOLVING OR OSCILLATING Any sign that incorporates movement of the structure or any portion thereof. SIGN, ROOF Any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure or extending vertically above the highest portion of the roof. A mansard roof is treated as a wall. SIGN, SCROLLING Text or graphics usually as part of an electronic reader board that moves up or down or across a display screen in a consistent and predictable manner. 6/2/05 16 Chapter 1 Article A. DEFINITIONS SIGN STRUCTURE Any structure that is specifically designed to support a sign, including decorative cover. SIGN, SUBDIVISION IDENTIFICATION A permanent structure intended to identify a subdivision that incorporates design elements and building materials consistent with the architecture and theme of the subdivision buildings and features. SIGN, TEMPORARY Any sign not permanently mounted or secured, displayed solely for short-term announcement, message or advertisement and for infrequent and limited time periods. (See Section 11-3D-6 TEMPORARY SIGNS OF this Title for specific types of temporary signs.) SIGN, UNDER CANOPY A sign suspended below the overhang or roof of a canopy SIGN, WALL Any sign that is attached, erected, or painted on the exterior wall of a building with the exposed face of the sign parallel to the wall. Also known as a fascia sign. SIGN, WINDOW Any sign, picture, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the windowpanes or glass and is visible from the exterior of the window. SINGLE-FAMILY ATTACHED DWELLING See dwelling, single-family attached. SINGLE-FAMILY DETACHED DWELLING See dwelling, single-family detached. SITE PLAN A plan, to scale, showing existing and proposed uses, structures and improvements proposed for a property as required by the regulations involved. Such plans Include property lines, streets, driveways, parking, building sites, landscaping, open space, and utility easements. SOIL STABILIZATION The state of having sufficient vegetation and gradual slopes to prevent soil erosion and sedimentation onto adjacent features such as sidewalks, driveways, parking areas, lawns, or water bodies. SOLID WASTE TRANSFER STATION The use of a site for the collection and temporary storage of solid waste for subsequent transport to a permanent disposal location. STATE The State of Idaho. STORAGE FACILITIES, OUTDOOR The use of a site where equipment, inventory, supplies, or other similar items are stored, including a building with a roof but without walls completely enclosing the building. STORAGE FACILITY, SELF-SERVICE A structure or group of structures with a controlled access and fenced compound that contains individual, compartmentalized, or controlled units that are leased or sold to store material (including, but not limited to, goods, wares, merchandise, or vehicles.) STORY The term story shall be as defined by Meridian City Building Code as set forth in Title 10, Chapter 1, of the Meridian City Municipal Code. STREET A private or public right-of-way that provides vehicular access to adjacent properties. The term street shall include, but not be limited to, a road, thoroughfare, parkway, avenue, boulevard, lane, place, or highway. STREET, ARTERIAL A street designated as a major or minor arterial on the most recent Regional Transportation Plan for Ada County by the Community Planning Association of Southwest Idaho or the City of Meridian Comprehensive Plan that carries high-volume through traffic on a continuous route. 6/2/05 17 Chapter 1 Article A. DEFINITIONS STREET, COLLECTOR A street designated as a major or minor collector on the most recent Regional Transportation Plan for Ada County adopted by the Community Planning Association of Southwest Idaho or the City of Meridian Comprehensive Plan that carries traffic from local streets to arterials. STREET, CUL-DE-SAC A dead-end street provided with a turnaround at its terminus. STREET, ENTRYWAY CORRIDOR Arterial roadways that introduce both visitors and residents to the City of Meridian, as defined by the City’s Comprehensive Plan. STREET FRONTAGE The distance measured along the property line, which fronts upon a street or alley or other principal thoroughfare that provides vehicular access to a property. STREET ISLAND A landscape island located within or surrounded by public street right-of-way. STREET KNUCKLE An expansion of a local street providing access to abutting properties. STREET, LOCAL A street used primarily for access to abutting properties. STREET, PUBLIC A street that is subject to the jurisdiction of the Idaho Department of Transportation (ITD) or the Transportation Authority (ACHD). STREET, PRIVATE A roadway that is not dedicated to the public that is not a part of the public highway system, and that is approved pursuant to Chapter 3, Article F. PRIVATE STREET REQUIREMENTS of this Title. STROBE LIGHT An attention-getting device that emits a repetitive light; independent of, or as part of a sign. For the purposes of this Code. a strobe light shall not be considered an animated sign. STRUCTURE See building. SUBDIVISION 1) The division of a lot or parcel of land, into two or more lots for the purpose of conveyance of ownership or for building development; and the recorded plat thereof; or 2) The platting of one lot or parcel for the purposes of remedying a prior illegal division of property or as deemed appropriate by the Director and/or City Engineer. SUPER GRAPHICS Any abstract mosaic, mural, painting, graphic art technique or any combination thereof that does not contain any copy, business logo or other visual elements intended to advertise. SURETY Cash, or cash equivalent, including an irrevocable letter of credit or a certificate of deposit, guaranteeing the performance of the terms and conditions of a development approval. SWALE A shallow, grassy depression. SWALE, STORMWATER A broad, shallow channel covered with erosion-resistant vegetation and used to conduct, infiltrate, and pretreated surface runoff. TEMPORARY USE The use of a site on a seasonal basis and for a short period of time. The use includes, but is not limited to, Christmas tree lots, construction buildings, firework stands, food service vehicles, model homes, produce stands, snow cone stands, and pumpkin stands. TERMINAL, FREIGHT OR TRUCK The use of a site where freight brought by truck or rail is transferred. The use may include the storage or repair of trucks or rail cars. The use excludes the long-term or permanent storage of freight. THROUGH PROPERTY See property, through. 6/2/05 18 Chapter 1 Article A. DEFINITIONS TOWER, LATTICE A tower made of an open metal framework consisting of strips of metal overlapped in a pattern to achieve strength and height. TOWER, MONOPOLE A cylindrical-shaped pole usually made of steel that has no visible break in shape or appearance, other than tapering, which is secured to the ground in a manner to stand vertically upright. TOWNHOUSE DWELLING See dwelling, townhouse. TRANSPORTATION AUTHORITY The Ada County Highway District, the Idaho Transportation Department, the Valley Regional Transit and any other agency that may succeed to their powers or establish public jurisdiction in the field of transportation. The term transportation authority shall be liberally construed to include all the adopted, approved, or certified plans, rules, regulations, statutes, or laws of the transportation authority. TREES, CLASS I, II, III The classes of trees are defined for the purposes of this Title by the publication Tree Selection Guide for Streets and Landscapes Throughout Idaho by the Urban Forestry Unit of the Boise Parks and Recreation Department (latest edition). In general, Class I trees are smaller ornamental trees, Class II trees are medium/large trees appropriate for street tree planting, and Class III trees are very large trees. TRUCK TERMINAL See terminal, freight or truck. UNPLATTED A parcel that is not included in any subdivision of record in Ada County. UP-LIGHTING Lighting that is directed in such a manner as to shine light rays onto a building surface. URBAN SERVICE PLANNING AREA The land area within an area of city impact where urban services are available or planned, as provided and described in the Comprehensive Plan and designated on the adopted area of city impact boundary map. USE The term use shall include the specific purposes for which an area or structure is arranged, designed, constructed, altered, converted, rented, leased, or intended to be maintained and/or occupied. USE, CHANGE OF A change of use shall include, but not be limited to, an expansion, alteration, or change in occupancy resulting in a more intense use of a site, such as additional dwelling units, gross floor area, seating capacity, UTILITY Electrical, natural gas water, wastewater, telephone and cable services and facilities. VARIANCE A relief from development standards as allowed by Chapter 5, ADMINISTRATION of this Title and as enabled by Idaho Code §67-6516. VEHICLE The term vehicle shall include, but not limited to, automobile, truck, motorcycle, recreational vehicle, personal recreation item or as otherwise defined in Idaho Code §49-123 which includes every device in, upon, or by which any person or property is or may be transported or drawn (e.g., travel trailers) upon a public highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks. VEHICLE, COMMERCIAL Any currently licensed and operable motor vehicle with a gross vehicle weight rating over 26,000 pounds and as defined by Idaho Code §49-123. VEHICLE IMPOUND YARD The use of a site for the temporary storage of vehicles to be claimed by the owners. VEHICLE, INOPERABLE A vehicle that cannot move under its own power or does not meet the minimum legal requirements necessary for the motor vehicle to be operated in a safe and lawful manner upon the roadways and highways in the State of Idaho, as set forth in Idaho Code §49. 6/2/05 19 Chapter 1 Article A. DEFINITIONS VEHICLE REPAIR, MAJOR The use of a site for major vehicle rebuilding or reconditioning. The use includes engine rebuilding; major reconditioning of worn or damaged motor vehicles; and collision service, including body, frame, or fender straightening or repair. VEHICLE REPAIR, MINOR The use of a site for minor vehicle maintenance and repair. The use includes vehicle repair garages, muffler shops, tire sales and installations, transmission shops, and wheel and brake shops VEHICLE SALES OR RENTAL AND SERVICE The sale, trade, or lease of new or used vehicles in operating condition and any repair work or minor service. Repair work or minor service shall include, but not be limited to, replacement of parts (e.g., tires, shocks, brakes, mufflers, windshields, radiators, upholstery), oil change, minor engine repair, tune-up, and accessory sales of replacement parts. Any operation specified under vehicle, major repair is excluded. VEHICLE WASHING FACILITY The use of a site where a vehicle may be washed, waxed, detailed, or vacuumed by the owner of the vehicle or employees on the site. VEHICLE WRECKING OR JUNKYARD Any area, lot, land, or parcel where two or more vehicles without current registration or two or more inoperable or dismantled vehicles that are not in operating condition (or parts thereof) are stored, dumped, dismantled, partially dismantled or wrecked; or as defined by Idaho Code §40-111, the use of a site that is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard, garbage dumps and sanitary fills. The following uses are excluded from this definition: agricultural equipment on a farm as herein defined and vehicles stored or dismantled within a completely enclosed structure. VERTICALLY INTEGRATED RESIDENTIAL PROJECT The use of a multi story structure for residential and nonresidential uses where the different uses are planned as a unified, complementary whole and functionally integrated to share vehicular and pedestrian access and parking. VETERINARY OFFICE See animal care facility. VISION TRIANGLE See clear vision triangle. WALKWAY A public way for non-vehicular use only, whether or not along the side of a road. WALL AREA Wall area is defined as the total square footage of an exterior wall and determined by multiplying the total lineal elevation of the building (or the leased portion thereof) by the distance from the roof line to pedestrian grade. WAREHOUSE AND STORAGE (NAICS CODE 493) A structure used primarily for storing materials and/or freight, including, but not limited to, goods, wares, merchandise, or vehicles. WATER AMENITY Any body of water either natural or manmade, which either exists or is proposed to be improved as a part of the development, in which its banks in all places adjacent to and located on said development are no steeper than one foot (1’) vertical per every four feet (4’) horizontally (4:1) and which has a depth and velocity in all places adjacent to and located on said development such that the product of the maximum depth (feet) multiplied by the peak velocity (feet per second) does not exceed four (4). WHOLESALE SALES The use of a site for selling, distributing, or brokering merchandise to retailers, business users, or other wholesalers. This use can include incidental retail sales to the general public. WIRELESS COMMUNICATION FACILITY A steel monopole, guy wire tower, lattice tower or other similar structure designed to support directional antennae, parabolic dishes or antennae, microwave dishes, in addition to associated ground equipment and other similar equipment used in the wireless 6/2/05 20 Chapter 1 Article A. DEFINITIONS XERISCAPE Landscaping that is characterized by the use of vegetation that is drought tolerant or of low water use in character. YARD, STREET An area extending across the full width of the property and lying between the front property line and the nearest line of a principal structure. See Figure 1. YARD, REAR An area extending across the full width of the property and lying between the rear property line and the nearest line of the principal structure. See Figure 1. YARD, REQUIRED An area that extends along a property line to a depth or width specified in the setback regulations for the district in which the property is located. See Figure 1. YARD, SIDE An area extending from the front yard to the rear yard between the side property line and the nearest line of the principal structure. See Figure 1. 11-1A-2: FIGURE 1 AND FIGURE 2: See following pages. 6/2/05 1 Chapter 1 Article A. DEFINITIONS FIGURE 1: SETBACKS, REQUIRED YARDS AND PROPERTY TYPES D D D B C D R E W D R I VE S e t b a c k s o n c o r n e r property T h r o u g h p r o p e r t y C A A A A A C C A A D D B B B B B B B B A B B D B Building Envelope D A LEGEND A Front setback B Side setback C Side street setback D Rear setback Required Front Yard Required Side Yard Required Side Yard Required Rear Yard communications industry. 6/2/05 1 Chapter 1 Article A. DEFINITIONS FIGURE 2: TYPES OF DWELLING UNITS Duplex 1 structure 1 property 2 dwelling units Single family attached 1 structure 2 properties 2 dwelling units Multifamily 1 structure 1 property 3 or more dwelling units Townhouse 1 structure 3 properties 3 or more dwelling units Single family detached or manufactured home 1 structure 1 property 1 dwelling unit EASEMENT A right of use, falling short of ownership, and usually for a certain stated purpose, as defined by Idaho Code §50-1301. 6/2/05 1 Chapter 1 Article B. NONCONFORMING PROPERTY, USE OR STRUCTURE CHAPTER 1 GENERAL REGULATIONS ARTICLE B. NONCONFORMING PROPERTY, USE OR STRUCTURE ARTICLE B. SECTIONS: 11-1B-1: PURPOSE 11-1B-2: APPLICABILITY 11-1B-3: NONCONFORMING PROPERTY 11-1B-4: NONCONFORMING USE 11-1B-5: NONCONFORMING STRUCTURE 11-1B-6: VIOLATIONS 11-1B-1: PURPOSE: The purpose of this Article is to allow any nonconforming property, use, or structure that lawfully existed prior to the effective date [XX] of this Title to continue until they are removed, but not to encourage their continuation. It is further the intent of this Article that nonconforming uses or structures shall not expand or extend the nonconforming aspect of the property, use, or structure, unless approved subject to a conditional use permit as set forth in the regulations of Chapter 5 ARTICLE B. SPECIFIC PROVISIONS of this Title. 11-1B-2: APPLICABILITY: These regulations shall apply to any lawfully existing nonconforming property, use, or structure in any district, except: In the event that a property, use, or structure that was deemed nonconforming under past regulations now complies with the standards of this title, such property, use, or structure shall be deemed conforming. 11-1B-3: NONCONFORMING PROPERTY: A. The nonconforming property shall not be diminished in size. B. Any property reduced by governmental action that reduces an existing conforming parcel below the required property size shall be deemed as a conforming property for the purpose of development. To be deemed a conforming property, the owner or applicant shall submit documents to the Director proving the following: 1. The property was in compliance with the minimum property size requirement of the applicable district prior to the decrease in property size; and 2. The decrease in property size was caused by acquisition through prescription, purchase, or other means by the Transportation Authority, a utility company or corporation under the jurisdiction of the Idaho Public Utilities Commission, or other local, State, or Federal agency. 11-1B-4: NONCONFORMING USE: 6/2/05 2 Chapter 1 Article B. NONCONFORMING PROPERTY, USE OR STRUCTURE A. The nonconforming use may continue as long as the use remains lawful and is not expanded or extended, subject to the following provisions: 1. Alteration: No existing structure containing a nonconforming use may be enlarged, extended, constructed, reconstructed, moved or structurally altered except; (a) through the approval of a conditional use permit in accord with the procedures set forth in Chapter 5 Article B SPECIFIC PROVISIONS of this Title; or (b) where the use of the structure is changed to a conforming use. 2. Extension: A nonconforming use may be extended to occupy additional land area only through the approval of a conditional use permit in accord with the procedures set forth in Chapter 5 Article B. SPECIFIC PROVISIONS of this Title. B. If a nonconforming use has ceased for twelve (12) consecutive months or has been replaced with a conforming use, the nonconforming use shall be deemed abandoned and shall not be reestablished. C. A nonconforming use or structure housing a nonconforming use that is damaged more than fifty percent (50%) of its current assessed taxable value by fire, flood, explosion, wind, earthquake, war, riot, calamity, or other catastrophic event, shall comply with this Title upon reconstruction. If the damage to the nonconforming use or structure housing the nonconforming use is fifty percent (50%) or less of its current assessed taxable value, the nonconforming use may continue, provided that the nonconforming use commences within twelve (12) months of the event. D. Uses housed within structures listed on the National Register of Historic Places shall be exempt from the regulations of this Section. 11-1B-5: NONCONFORMING STRUCTURE: A. Nonconforming structures may be enlarged, repaired or modified, provided that the additions or modifications to the structure conform to the requirements of this Title. B. A nonconforming structure that is damaged more than seventy-five percent (75%) of its current assessed taxable value by fire, flood, explosion, wind, earthquake, war, riot, calamity, or other catastrophic event, shall comply with this Title upon restoration or reconstruction. If the damage to the nonconforming structures is seventy-five percent (75%) or less of its current assessed taxable value, the structure may be restored or reconstructed, provided that restoration or reconstruction commences within twelve (12) months of the event. C. Structures listed on the National Register of Historic Places shall be exempt from the regulations of this Section. 6/2/05 3 Chapter 1 Article B. NONCONFORMING PROPERTY, USE OR STRUCTURE 11-1B-6: VIOLATIONS: Properties, uses, or structures that were in violation of previous land use regulations and that remain a violation under this Title shall be considered continuing violations. 6/2/05 1 Chapter 2 DISTRICT REGULATIONS CHAPTER 2 DISTRICT REGULATIONS SECTIONS: 11-2-1: ZONING DISTRICTS ESTABLISHED 11-2-2: OFFICIAL ZONING MAP 11-2-1: ZONING DISTRICTS ESTABLISHED: For the purpose of this Title, the incorporated territory of the City of Meridian, Idaho, is divided into the following districts: DISTRICTS Map Symbol RESIDENTIAL Low-Density Residential District R-2 Medium low-Density Residential District R-4 Medium-Density Residential District R-8 Medium High-Density Residential District R-15 High-Density Residential District R-40 COMMERCIAL Neighborhood Business District C-N Community Business District C-C General Retail and Service Commercial District C-G Limited Office District L-O INDUSTRIAL Light Industrial District I-L Heavy Industrial District I-H TRADITIONAL NEIGHBORHOOD Old Town O-T Traditional Neighborhood Center TN-C Traditional Neighborhood Residential TN-R 11-2-2: OFFICIAL ZONING MAP: The boundaries of the districts are shown on the Official Zoning Map of the City of Meridian. The Official Zoning Map is made a part of this Title, as well as such other map or maps that are duly adopted. Said Official Zoning Maps properly attested, shall be placed and remain on file in the office of the Meridian City Clerk. 6/2/05 1 Chapter 2 Article A. RESIDENTIAL DISTRICTS CHAPTER 2 DISTRICT REGULATIONS ARTICLE A. RESIDENTIAL DISTRICTS ARTICLE A. SECTIONS: 11- 2A-1: PURPOSE 11- 2A-2: ALLOWED USES 11- 2A-3: STANDARDS 11- 2A-1: PURPOSE: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. Residential land uses are also allowed within the O-T, TN-C, and TN-R districts as set forth in Chapter 3 Article D. TABLE 11-2A-1: MAXIMUM GROSS DENSITY IN THE RESIDENTIAL DISTRICTS DISTRICT MAXIMUM GROSS DENSITY (PER ACRE) Low-density residential district (R-2) 2 Medium low-density residential district (R-4) 4 Medium-density residential district(R-8) 8 Medium high-density residential district (R-15) 15 High-density residential district (R-40) 40 11- 2A-2: ALLOWED USES: Table 11-2A-2 lists principal permitted (P), accessory (A), and conditional (C), or prohibited (--), uses. A. Permitted uses and accessory uses shall be reviewed in accord with Chapter 4 specific use standards of this Title. B. Conditional uses shall be approved in accord with the procedures and regulations for conditional uses set forth in Chapter 5 administration and the specific use standards in Chapter 4 specific use standards of this Title. C. Any use not explicitly listed in Table 11-2A-2 is prohibited in all residential districts. D. Uses that are listed as P/C or A/C may be subject to a conditional use permit depending on if the use is in accord with the specific use standards as set forth in Chapter 4 specific use standards. E. Interpretation of the inclusion or exclusion of allowed uses shall be made by the Director and based on the Director’s findings in review of the criteria established in Chapter 1 general regulations of this Title. 6/2/05 2 Chapter 2 Article A. RESIDENTIAL DISTRICTS TABLE 11-2A-2: ALLOWED USES IN THE RESIDENTIAL DISTRICTS RESIDENTIAL USE R-2 R-4 R-8 R-15 R-40 Arts, entertainment or recreation facility, outdoors* -- -- C C C Cemetery* -- C C C C Church or place of religious worship* -- -- C C C Civic, social or fraternal organizations* -- -- C C C Day care center* -- C C P P Day care, family* -- A A A C Day care, group* -- C P P Dwelling, multifamily* 1 -- -- -- C P Dwelling, secondary* A A A A A Dwelling , single-family attached -- C P P P Dwelling, single family detached P P P P A/C Dwelling, townhouse -- C P P C Dwelling, two-family duplex -- C P P C Education Institution, Private* C C C C Education Institution, Public* C C P/C P/C Home, manufactured or mobile subdivision -- -- C C C Home occupation* A A A A A Laundromat* -- -- -- A A/C Manufactured Home Park -- -- -- C -- Multifamily development* 1 -- -- -- C C Nursing or residential care facility* -- -- C C C Parking Facility -- -- -- -- C Parks, public and private P P P P P Personal or professional service -- -- -- -- A Public or quasi-public use* -- -- C C C Public, infrastructure C C C C C Public utility, minor P P P P P Recreation vehicle park -- -- -- -- C Restaurant -- -- -- -- A Storage facility, outside* A A A A A Storage facility, self-service* A A A A A Temporary use A A A A A Vertical integrated residential project* -- -- -- C C Wireless communication facility, amateur radio antenna A A A A A Wireless communication facility, stealth -- -- -- P P *Indicates uses that are subject to SPECIFIC USE STANDARDS in accord with Chapter 4. 1Multifamily dwellings may be allowed in the R-4 and R-8 Land Use Districts when included in a Planned Unit Development (PUD). 11-2A-3: STANDARDS: The standards for development in all residential districts shall be as follows: A. Minimum property size: 1. Each property shall be of sufficient size to meet the minimum setbacks as established in this section and dwelling unit size requirements in accord with Sections 11-2A-3.F of this Title. 6/2/05 3 Chapter 2 Article A. RESIDENTIAL DISTRICTS 2. Minimum property size shall be determined exclusive of land that is used for the conveyance of irrigation water, drainage, creek or river flows unless: 1) the water is conveyed through pipe or tile; and 2) included as part of a utility easement that generally runs along the property lines. 3. When two (2) or more parcels of land, each of which is of inadequate area and dimension to qualify for a permitted use under the requirements of the district in which the parcels are located, are held in one ownership, they shall be used as one property for such use. B. Minimum street frontage: 1. Properties with street frontages on cul-de-sacs or at approximately a 90° angle shall be a minimum of thirty feet (30’) measured as a chord measurement. 2. Street knuckles shall be separated from through traffic by a landscape island. Properties with frontages on such knuckles shall be a minimum of thirty feet (30’) measured as a chord measurement. 3. Street frontage for two (2) properties sharing a common drive shall be a minimum of fifteen feet (15’) for each property. 4. Street frontage for three (3) or four (4) properties sharing a common drive shall be a minimum of ten feet (10’) for each property. 5. Street frontage for flag properties that do not share a common drive shall be a minimum of thirty feet (30’). C. Corner lot setbacks: Corner properties shall have one (1) interior side setback and one (1) rear setback. D. Encroachments allowed in any setback: 1. Open structures such as porches, canopies, balconies, platforms, covered patios, cornices, eaves or other projections, which do not increase the volume of space enclosed by the building and do not project into any required setback by more than two feet (2’). 2. Chimneys, pop-out windows, direct vent gas fireplaces, entertainment centers, window seats and other projections which do not increase the usable floor area and do not exceed eight feet (8') in width may project up to two feet (2') into any required setback. 3. One detached accessory building that is less than two hundred (200) square feet in area and eight feet (8’) or less in height shall be allowed in the required rear yard. 6/2/05 4 Chapter 2 Article A. RESIDENTIAL DISTRICTS E. Maximum height limit: 1. The maximum height limitations shall not apply to the following architectural features not intended for human occupation: spire or steeple, belfry, cupola, chimney. Such architectural features shall have a maximum height limit of twenty feet (20’) as measured from the roof line. 2. The maximum height limitations shall not apply to the following: amateur radio antenna; bridge tower; fire and hose tower; observation tower; power line tower; smokestack; water tank or tower; ventilator; windmill; wireless communication facility, or other commercial or personal tower and/or antenna structure; or other appurtenances usually required to be placed above the level of the ground and not intended for human occupancy. 3. Notwithstanding other height limitations as set forth in this Chapter, the maximum height for EDUCATION FACILITIES SHALL BE 40’. 4. No exception shall be allowed to the height limit where the height of any structures will constitute a hazard to the safe landing and take-off of aircraft in an established airport. F. Living Space: Excluding the garage, all detached residential dwelling units in the R-2 and R-4 Districts shall meet minimum living space size requirements in accord with Sections 11-2A-4 and 11-2A-5. G. Roof Design: All residential dwelling structures shall have a pitched roof not less than three feet (3’) in height for each twelve feet (12’) in length. H. Drainage: 1. In no case shall a development propose less than a five-foot (5’) setback adjacent to a property that is not part of the development application. 2. Properties shall provide adequate area to maintain drainage on the site. 11-2A-4: LOW-DENSITY RESIDENTIAL DISTRICT (R-2): Dimensional Standards for development in the R-2 Residential District shall be as follows: 6/2/05 5 Chapter 2 Article A. RESIDENTIAL DISTRICTS TABLE 11-2A-3: DIMENSIONAL STANDARDS FOR THE R-2 DISTRICT R-2 STANDARD REQUIREMENT Minimum property size/DU* (in square feet) 12,000 Minimum street frontage (in feet) 80 Rear setback (in feet) 15 Interior side setback (in feet) 7.5/story Street setback** Local 20 Collector 25 Maximum building height (in feet) 35 Minimum living area (in square feet) 1,500 Minimum ground floor area for multistory units (in square feet) 800 *DU= dwelling unit ** Measured from back of sidewalk. 11-2A-5: MEDIUM LOW-DENSITY RESIDENTIAL DISTRICT (R-4): Dimensional Standards for development in the R-4 Residential District shall be as follows: TABLE 11-2A-4: DIMENSIONAL STANDARDS FOR THE R-4 DISTRICT R-4 STANDARD REQUIREMENT Minimum property Size /DU* (in square feet) 8,000 Minimum street frontage (in feet) 60 Rear setback (in feet) 15 Interior side setback (in feet) 5 Street setback** to garage (in feet) Local 20 Collector 25 Street setback** to living area (in feet) Local 15 Collector 25 Maximum building height (in feet) 35 Minimum living (in square feet) Detached 1,400 Attached 800 Minimum ground floor area for multi story units (in square feet) 800 *DU= dwelling unit **Measured from back of sidewalk. 6/2/05 6 Chapter 2 Article A. RESIDENTIAL DISTRICTS 11-2A-6: MEDIUM-DENSITY RESIDENTIAL DISTRICT (R-8): Dimensional Standards for development in the R-8 Residential District shall be as follows: TABLE 11-2A-5: DIMENSIONAL STANDARDS FOR THE R-8 DISTRICT R-8 STANDARD REQUIREMENT Minimum property Size /DU* (in square feet) SF** detached DU* with garage facing the front property line 5,000 SF** detached DU* with shared driveway or alley loaded garage 4,000 SF** attached & two-family duplex DU* 4,000 Any corner property 5,000 Minimum street frontage—SF detached DU (n feet) with garage facing street 50 with shared driveway or alley loaded garage 40 Minimum street frontage—SF attached & two-family duplex DU (in feet) 40 Street setback*** to garage (in feet) Local 20 Collector 25 Street setback*** to living area (in feet) Local 15 Collector 25 Side setback 4 Rear setback 12 Maximum building height (in feet) 35 *DU= dwelling unit **SF= single family ***Measured from back of sidewalk. 11-2A-7: MEDIUM HIGH-DENSITY RESIDENTIAL DISTRICT (R-15): Dimensional Standards for development in the R-15 Residential District shall be as follows: TABLE 11-2A-6: DIMENSIONAL STANDARDS FOR THE R-15 DISTRICT R-15 STANDARD REQUIREMENT Minimum property Size /DU* (in square feet) 2,400 Minimum street frontage 0 Street setback** to garage (in feet) Local 20 Collector 25 Street setback** to living area (in feet) Local 10 Collector 20 Side setback 4 Rear setback 12 Maximum building height (in feet) 40 *DU= dwelling unit **Measured from back of sidewalk. 6/2/05 7 Chapter 2 Article A. RESIDENTIAL DISTRICTS 11-2A-8: HIGH-DENSITY RESIDENTIAL DISTRICT (R-40): Dimensional Standards for development in the R-40 Residential District shall be as follows: TABLE 11-2A-7: DIMENSIONAL STANDARDS FOR THE R-40 DISTRICT R-40 STANDARD REQUIREMENT Minimum property Size/DU* (in square feet) 1,200 Minimum street frontage (in feet) 0 Rear setback (in feet) 15 Interior side setback (in feet) 5/story Street setback to garage (in feet) Local 20 Collector 25 Street setback** to living area (in feet) Local 10 Collector 20 Maximum building height (in feet) 60 *DU= dwelling unit **Measured from back of sidewalk. 6/2/05 1 Chapter 2 Article B. COMMERICAL DISTRICTS CHAPTER 2 DISTRICT REGULATIONS ARTICLE B. COMMERCIAL DISTRICTS ARTICLE B. SECTIONS: 11-2B-1: PURPOSE 11-2B-2: ALLOWED USES 11-2B-3: STANDARDS 11-2B-1: PURPOSE: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways: TABLE 11-2B-1: PURPOSE AND ALLOWED USE BY COMMERCIAL DISTRICT DISTRICT ALLOWED USES LOCATION NEIGHBORHOOD BUSINESS DISTRICT (C-N) SMALL SCALE CONVENIENCE ACCESS TO ARTERIAL OR COLLECTOR COMMUNITY BUSINESS DISTRICT (C-C) LARGER SCALE AND BROADER MIX OF RETAIL, OFFICE, AND SERVICE USES ACCESS TO ARTERIALS OR NONRESIDENTIAL COLLECTORS GENERAL RETAIL AND SERVICE COMMERCIAL DISTRICT (C-G) LARGEST SCALE AND BROADEST MIX OF RETAIL, OFFICE, SERVICE, AND LIGHT INDUSTRIAL USES CLOSE PROXIMITY AND/OR ACCESS TO INTERSTATE OR ARTERIAL INTERSECTIONS LIMITED OFFICE DISTRICT (L-O) OFFICE CENTERS AND ADAPTIVE REUSE OF RESIDENTIAL STRUCTURES ACCESS TO ARTERIAL OR COLLECTOR 11-2B-2: ALLOWED USES: Table 11-2B-2 lists principal permitted (P), accessory (A), and conditional (C) or prohibited (--) uses within each commercial district. A. Permitted uses and accessory uses shall be reviewed in accord with Chapter 4 specific use standards of this Title. B. Conditional uses shall be approved in accord with the procedures and regulations for conditional uses set forth in Chapter 5 administration and the specific use standards in Chapter 4 specific use standards of this Title. C. Any use not explicitly listed in Table 11-2B-1 is prohibited in all commercial districts. 6/2/05 2 Chapter 2 Article B. COMMERICAL DISTRICTS D. Uses that are listed as P/C or A/C may be subject to a conditional use permit depending on if the use is in accord with the specific use standards as set forth in Chapter 4 specific use standards. E. Interpretation of the inclusion or exclusion of allowed uses shall be made by the Director and based on the Director’s findings in review of the criteria established in Chapter 1 general regulations of this Title. F. For uses that may fall into more than one category, the Director shall determine the most appropriate category based on the more restrictive standards. TABLE 11-2B-2: ALLOWED USES IN THE COMMERCIAL DISTRICTS USE C-N C-C C-G L-O Animal care facility* P P P C Artist studio* P P P -- Arts, entertainment or recreation facility, indoors* P P P C Arts, entertainment or recreation facility, outdoors* C P P -- Arts, entertainment or recreation facility, outdoor stage or music venue -- C C _ Building material, garden equipment and supplies* C P P -- Cemetery* -- -- -- C Church or place of religious worship* P P P P Civic, social or fraternal organizations* C C C C Day care center* A/C A/C A/C P Day care, family* A A A A Day care, group* P P A P Drinking establishment* C C C -- Drive-through establishment* A/C A/C A/C -- Dwelling, multifamily -- C C C Education institution, private* P P P P Education institution, public* P P P P Equipment rental, sales, and service* -- C C -- Financial institution* P P P P Flex space* -- P P -- Fuel sales facility* C P P -- Fuel sales facility, truck stop* -- -- C -- Health care or social services P P P P Hospital* -- C C C Hotel and motel* P/C P/C P/C -- Industry, information* P P P C Industry, light* -- -- C C Laundromat* P P P C Laundry and dry cleaning -- C P -- Mortuary C P P -- Nursery or urban farm* C P P C Nursing or residential care facility* C C -- C Parking facility C C P C Parks, public and private P P P P Personal or professional service P P P P 6/2/05 3 Chapter 2 Article B. COMMERICAL DISTRICTS USE C-N C-C C-G L-O Public or quasi-public use* P P P P Public, infrastructure C C C C Public utility, minor P P P P Recreational vehicle park -- -- P -- Restaurant P P P C Retail store P P P -- Storage facility, outside* A A A -- Storage facility, self-service* -- C C -- Temporary use A A A A Vehicle repair, minor* A P P -- Vehicle sales or rental and service* -- C P -- Vehicle washing facility* C P P -- Vertical integrated residential project* C P P C Warehouse * -- -- A -- Wholesale sales -- -- A -- Wireless communication facility* -- C C C Wireless communication facility, amateur radio antenna A A A A Wireless communication facility, stealth P P P P *Indicates uses that are subject to specific use standards in accord with Chapter 4. 11-2B-3: STANDARDS: The standards for all development in the commercial districts shall be as follows: A. Dimensional standards: 1. Table 11-2B-3 shall be used for determining required setbacks, street and residential landscape buffers and maximum building height standards for development in each of the respective commercial districts. Sections 11- 2A.2 through A.3 set forth certain exceptions and additional clarification for the dimensional standards. 6/2/05 4 Chapter 2 Article B. COMMERICAL DISTRICTS TABLE 11-2B-3: DIMENSIONAL STANDARDS IN THE COMMERCIAL DISTRICTS DIMENSIONAL STANDARDS* C-N C-C C-G L-O Front setback ( in feet) 20 0 20 Rear setback (in feet) 25 0 20 Interior side setback (in feet) 0 10/5** Street landscape buffer (in feet) Local 10 Collector 20 Arterial 25 Entryway corridor 35 Interstate 50 Landscape buffer to residential uses (in feet)*** 20 25 25 20 Maximum building height (in feet) 35 50 65 35 Maximum building size without design standard approval as set forth in 11-3A 3 (in square feet) 7,500 60,000 200,000 10,000 Parking Requirements See Chapter 3 Article C. off-street parking and loading requirements Landscaping Requirements See Chapter 3 Article B. landscaping requirements *All setbacks shall be measured from the ultimate right-of-way for the street classification as shown on the adopted Transportation Plan. **minimum setback only allowed with reuse of existing residential structure. ***Where the adjacent property is vacant, the Director shall determine the adjacent property designation based on the Comprehensive Plan designation. 2. Encroachments allowed in any setback: Fire escapes may project a distance not exceeding one (1) foot. 3. Maximum height lLimit: a. The maximum height limitations shall not apply to the following architectural features not intended for human occupation: spire or steeple, belfry, cupola, chimney. Such architectural features shall have a maximum height limit of twenty feet (20’) as measured from the roof line. b. The maximum height limitations shall not apply to the following: amateur radio antenna; bridge tower; fire and hose tower; observation tower; power line tower; smokestack; water tank or tower; ventilator; windmill; wireless communication facility, or other commercial or personal tower and/or antenna structure; or other appurtenances usually required to be placed above the level of the ground and not intended for human occupancy. c. No exception shall be allowed to the height limit where the height of any structures will constitute a hazard to the safe landing and take-off of aircraft in an established airport. 6/2/05 5 Chapter 2 Article B. COMMERICAL DISTRICTS d. Additional height not to exceed twenty percent (20%) of the maximum height allowed for the district may be approved by the Director through the Alternative Compliance procedures set forth in Chapter 5 ADMINISTRATION of this Title. Additional height shall be allowed when the development provides ten percent (10%) of the building square feet in open space, courtyards, patios, or other usable outdoor space available for the employees and/or patrons of the structure, excluding required setbacks and landscape buffers. e. Additional height exceeding twenty percent (20%) of the maximum height allowed for the district or when additional height is requested without providing the required open space in accord with paragraph d. above, requires approval through a conditional use permit. 6/2/05 1 Chapter 2 Article C. INDUSTRIAL DISTRICTS CHAPTER 2 DISTRICT REGULATIONS ARTICLE C. INDUSTRIAL DISTRICTS ARTICLE C. SECTIONS: 11- 2C-1: PURPOSE 11- 2C-2: ALLOWED USES 11- 2C-3: STANDARDS 11- 2C-1: PURPOSE: A. LIGHT INDUSTRIAL DISTRICT (I-L): The purpose of the I-L District is to provide for convenient employment centers of light manufacturing, research and development, warehousing, and distributing. In accord with the Meridian Comprehensive Plan, the I-L District is intended to encourage the development of industrial uses that are clean, quiet and free of hazardous or objectionable elements and that are operated, entirely, or almost entirely, within enclosed structures. Accessibility to transportation systems is a requirement of this District. B. HEAVY INDUSTRIAL DISTRICT (I-H) The purpose of the I-H District is to provide for the existing manufacturing, warehousing and heavy distribution centers that exist along major transportation corridors. In accord with the Meridian Comprehensive Plan, these areas require buffering from residential uses to mitigate the effects of noise, vibration, traffic, odor, dust, smoke or glare that is typically associated with the uses allowed in the I-H District. Accessibility to transportation systems is a requirement of this District. 11-2C-2 ALLOWED USES: Table 11-2C-1 lists principal permitted (P), accessory (A), conditional (C), or prohibited (--) uses within each industrial district. A. Permitted uses and accessory uses shall be reviewed in accord with Chapter 4 specific use standards of this Title. B. Conditional uses shall be approved in accord with the procedures and regulations for conditional uses set forth in Chapter 5 administration and the specific use standards in Chapter 4 specific use standards of this Title. C. Any use not explicitly listed in Table 11-2C-1 is prohibited in all industrial districts. D. Uses that are listed as P/C or A/C may be subject to a conditional use permit depending on if the use is in accord with the specific use standards as set forth in Chapter 4 specific use standards. 6/2/05 2 Chapter 2 Article C. INDUSTRIAL DISTRICTS E. Interpretation of the inclusion or exclusion of allowed uses shall be made by the Director and based on the Director’s findings in review of the criteria established in Chapter 1 general regulations of this Title. F. For uses that may fall into more than one category, the Director shall determine the most appropriate category based on the more restrictive standards. TABLE 11-2C-1: ALLOWED USES IN THE INDUSTRIAL DISTRICTS USE I-L I-H Animal care facility* P -- Artist studio* P P Arts, entertainment or recreation facility, indoors* C -- Arts, entertainment or recreation facility, outdoors* C -- Arts, entertainment or recreation facility, outdoor stage or music venue C -- Building material, garden equipment and supplies* A A Cemetery* C -- Church or place of religious worship* C C Contractor’s yard* P P Day care center* A -- Day care, group* A -- Drive-through establishment* A -- Dwelling, single family detached A -- Entertainment establishment, adult* C -- Equipment rental, sales, and service* P P Financial institution* A -- Flex space* P P Food products processing* P P Fuel sales facility* A/C A/C Fuel sales facility, truck stop* C C Industry, information* P -- Industry, light* P P Industry, heavy* -- P/C Laundry and dry cleaning P P Mortuary P -- Nursery or urban farm* C -- Parking facility P P Parks, public and private C C Personal or professional service A -- Public or quasi-public use* C C Public, infrastructure* P P Public utility, minor P P Public utility, major* P P Public utility, transmission lines P P Recreational vehicle park C --- Recycling center* P/C P/C Restaurant A A Retail store A A Solid waste transfer station C P/C 6/2/05 3 Chapter 2 Article C. INDUSTRIAL DISTRICTS USE I-L I-H Storage facility, outside* P P Storage facility, self-service* P P Temporary use A A Terminal, freight or truck * P P Vehicle impound yard* P P Vehicle repair, major* P P Vehicle repair, minor* P P Vehicle sales or rental and service* P -- Vehicle washing facility* A/C A Vehicle wrecking or junkyard* -- P Warehouse * P P Wholesale sales P P Wireless communication facility* P P Wireless communication facility, amateur radio antenna A A Wireless communication facility, stealth P P *Indicates uses that are subject to SPECIFIC USE STANDARDS in accord with Chapter 4. 11-2C-3: STANDARDS: A. Dimensional standards: 1. Table 11-2C-2 shall be used for determining required setbacks, street and use landscape buffers and maximum building height standards for development in each of the industrial districts. Section 11-2C-3.A.2 sets forth certain exceptions and additional clarification for the dimensional standards. TABLE 11-2C-2: DIMENSIONAL STANDARDS IN THE INDUSTRIAL DISTRICTS DIMENSIONAL STANDARDS I-L AND I-H Front setback ( in feet) 0 Rear setback (in feet) 0 Interior side setback (in feet) 0 Street setback* (in feet) 35 Street landscape buffer (in feet) Local 10 Collector 20 Arterial 25 Entryway corridor 35 Interstate 50 Landscape buffer to non-industrial uses (in feet) 25 I-L and 40 I-H Maximum building height (in feet) 50 Parking requirements See Chapter 3 Article C Landscaping requirements See Chapter 3 Article B * All setbacks shall be measured from the ultimate right-of-way for the street classification as shown on the adopted Transportation Plan. 6/2/05 4 Chapter 2 Article C. INDUSTRIAL DISTRICTS 2. Maximum height limit: a. The maximum height limitations shall not apply to the following architectural features not intended for human occupation: spire or steeple, belfry, cupola, chimney. Such architectural features shall have a maximum height limit of twenty feet (20’) as measured from the roof line. b. The maximum height limitations shall not apply to the following: amateur radio antenna; bridge tower; fire and hose tower; observation tower; power line tower; smokestack; water tank or tower; ventilator; windmill; wireless communication facility, or other commercial or personal tower and/or antenna structure; or other appurtenances usually required to be placed above the level of the ground and not intended for human occupancy. c. No exception shall be allowed to the height limit where the height of any structures will constitute a hazard to the safe landing and take-off of aircraft in an established airport. d. Additional height not to exceed twenty percent (20%) of the maximum height allowed for the district may be approved by the Director through the Alternative Compliance procedures set forth in Chapter 5 ADMINISTRATION of this Title. Additional height shall be allowed when the development provides ten percent (10%) of the building square feet in open space, courtyards, patios, or other usable outdoor space available for the employees and/or patrons of the structure, excluding required setbacks and landscape buffers. e. Additional height exceeding twenty percent (20%) of the maximum height allowed for the district or when additional height is requested without providing the required open space in accord with paragraph d. above requires approval through a conditional use permit. 6/2/05 1 Chapter 2 Article D. TRADITIONAL NEIGHBORHOOD DISTRICTS CHAPTER 2 DISTRICT REGULATIONS ARTICLE D. TRADITIONAL NEIGHBORHOOD DISTRICTS ARTICLE D. SECTIONS: 11-2D-1: PURPOSE 11-2D-2: ALLOWED USES 11-2D-3: STANDARDS APPLICABLE IN ALL TRADITIONAL NEIGHBORHOOD DISTRICTS 11-2D-4: STANDARDS IN THE OLD TOWN DISTRICT (O-T) 11-2D-5: STANDARDS IN THE TRADITIONAL NEIGHBORHOOD CENTER DISTRICT (TN-C) 11-2D-6: STANDARDS IN THE TRADITIONAL NEIGHBORHOOD RESIDENTIAL DISTRICT (TN-R) 11- 2D-1: PURPOSE: The purpose of the traditional neighborhood districts is to encourage mixed-use, compact development that is sensitive to the environmental characteristics of the land and facilitates the efficient use of services. Vertically integrated residential projects are encouraged in all traditional neighborhood districts. A traditional neighborhood district diversifies and integrates land uses within close proximity to each other, and it provides for the daily recreational and shopping needs of the residents. A. OLD TOWN DISTRICT (O-T) The purpose of the O-T District is to accommodate and encourage further intensification of the historical city center in accord with the Meridian Comprehensive Plan. The intent of the O- T District is to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, quasi-public, cultural, financial and recreational center of the City. Public and quasi-public uses integrated with general business, and medium-high to high-density residential is encouraged to provide the appropriate mix and intensity of activities necessary to establish a truly urban city center. B. TRADITIONAL NEIGHBORHOOD CENTER DISTRICT (TN-C): The purpose of the TN-C District is to serve as the focal point of a neighborhood center, containing retail, commercial, and community services to meet the daily needs of community residents within a one- to two-mile radius. A TN-C is pedestrian-oriented, and it is designed to encourage pedestrian connection with a Traditional Neighborhood Residential District. TN-C District uses include small-scale retail, restaurants, recreational, personal services, public or quasi-public uses, churches, and attached and multifamily dwellings. C. TRADITIONAL NEIGHBORHOOD RESIDENTIAL DISTRICT (TN-R): The purpose of the TN-R District is to provide for a variety of residential land uses including attached and detached single-family residential, duplex, townhouse, and multifamily. A TN-R District includes open spaces and promotes pedestrian activity through well-designed and varied streetscapes that also provide for the safe and efficient movement of vehicular traffic. Most dwelling units should be accessed from alleys. The maximum density 6/2/05 2 Chapter 2 Article D. TRADITIONAL NEIGHBORHOOD DISTRICTS of the TN-R District is fifteen (15) units per acre. The minimum density is six (6) units per acre. Density should decrease away from the center and closer to conventional residential districts. The TN-R District should be generally located: adjacent to a TN-C District, along a transit corridor, or within a mixed use neighborhood. For the purposes of this Title, the term residential district shall also include the Traditional Neighborhood Residential District. 11-2D-2: ALLOWED USES: Table 11-2D-1 lists principal permitted (P), accessory (A), and conditional (C) or prohibited (--) uses within each Traditional Neighborhood District. A. Permitted uses and accessory uses shall be reviewed in accord with Chapter 4 specific use standards of this Title. B. Conditional uses shall be approved in accord with the procedures and regulations for conditional uses set forth in Chapter 5 administration and the specific use standards in Chapter 4 specific use standards of this Title. C. Any use not explicitly listed in Table 11-2D-1 is prohibited in all Traditional Neighborhood Districts. D. Uses that are listed as P/C or A/C may be subject to a conditional use permit depending on if the use is in accord with the specific use standards as set forth in Chapter 4 specific use standards. E. Interpretation of the inclusion or exclusion of allowed uses shall be made by the Director and based on the Director’s findings in review of the criteria established in Chapter 1 general regulations of this Title. TABLE 11-2D-1: ALLOWED USES IN THE TRADITIONAL NEIGHBORHOOD DISTRICTS USE O-T TN-C TN-R Artist studio* P P -- Arts, entertainment or recreation facility, indoors* P C -- Arts, entertainment or recreation facility, outdoors* C C -- Arts, entertainment or recreation facility, outdoor stage or music venue C C _ Building material, garden equipment and supplies* C C -- Church or place of religious worship* P P C Civic, social or fraternal organizations* P C C Day care facility* C C C Day care, family* A A A Day care, group* P P C Drinking establishment* C C -- Dwelling, multifamily P P P Dwelling, secondary* A A A Dwelling, single-family attached P P P Dwelling, single-family detached P C P Dwelling, townhouse P P P 6/2/05 3 Chapter 2 Article D. TRADITIONAL NEIGHBORHOOD DISTRICTS USE O-T TN-C TN-R Dwelling, two-family duplex P C P Education institution, private* P C C Education institution, public* P P P/C Financial institution* P P C Health care or social services P P -- Home occupation* A A A Hospital* C -- -- Hotel and motel* P/C C -- Industry, information* P/C P/C -- Industry, light* C -- -- Laundromat* P P A Mortuary C C -- Nursing or residential care facility* C C C Parking facility C C -- Parks, public and private P P P Personal or professional service P P C Public or quasi-public use* P P C Public, infrastructure* C C C Public utility, minor C P P Restaurant P P -- Retail store P P -- Temporary use A A A Vehicle repair, minor* A -- -- Vertical integrated residential project* P P P Wireless communication facility, amateur radio antenna A A A Wireless communication facility, stealth P/C P/C P/C *Indicates uses that are subject to SPECIFIC USE STANDARDS in accord with Chapter 4. 11-2D-3: STANDARDS APPLICABLE IN ALL TRADITIONAL NEIGHBOR- HOOD DISTRICTS: The standards for development in all the Traditional Neighborhood Districts are set forth in this section as follows: A. Encroachments allowed in any setback: Open structures on the second floor such as porches, canopies, balconies, platforms, covered patios, cornices, eaves or other projections, which do not increase the volume of space enclosed by the building and do not project into any required setback by more than two feet (2’). B. Maximum height limit: 1. The maximum height limitations shall not apply to the following architectural features not intended for human occupation: spire or steeple, belfry, cupola, chimney. Such architectural features shall have a maximum height limit of twenty feet (20’) as measured from the roof line. 2. The maximum height limitations shall not apply to the following: amateur radio antenna; bridge tower; fire and hose tower; observation tower; power line tower; smokestack; water tank or tower; ventilator; windmill; wireless communication facility, or other commercial or personal tower and/or 6/2/05 4 Chapter 2 Article D. TRADITIONAL NEIGHBORHOOD DISTRICTS antenna structure; or other appurtenances usually required to be placed above the level of the ground and not intended for human occupancy. 3. No exception shall be allowed to the height limit where the height of any structures will constitute a hazard to the safe landing and take-off of aircraft in an established airport. 4. In the TN-C District and O-T districts, additional height exceeding the maximum height allowed for the district requires approval through a conditional use permit. In the TN-C, the additional height allowed is limited to twenty percent (20%) of the maximum height allowed for the district. C. Street and pedestrian systems: 1. Street layout: The street system shall be based on a grid with connections to the existing street system. 2. Block length: No block face shall have a length greater than five hundred feet (500’) without a dedicated street or alley, or no block face shall have a length greater than seven hundred feet (700’) without a pedestrian connection. This standard may be varied for site design constraints or hardship considerations. D. Parking: See Chapter 3 Article C. off-street parking and loading requirements. E. Landscaping Requirements: See Chapter 3 Article B. landscaping requirements. 11-2D-4: STANDARDS IN THE OLD TOWN DISTRICT (O-T): The standards for development in the Old Town District are set forth in this section as follows: A. Maximum building height is seventy-five (75’). B. Minimum number of stories for new construction is two (2). C. Additional height exceeding the maximum height allowed requires approval through a conditional use permit. D. Administrative design review: 1. All new construction and exterior modifications shall be subject to administrative design review in accord with the procedures set forth in CHAPTER 5 ADMINISTRATION of this Title. 2. The criteria for the administrative design review is set forth in the document Downtown Meridian Design Guidelines. 6/2/05 5 Chapter 2 Article D. TRADITIONAL NEIGHBORHOOD DISTRICTS 3. Any applications that do not meet the criteria in the Design Guidelines shall be subject to a conditional use permit as forth in CHAPTER 5 ADMINISTRATION. E. Parking: There are no off-street parking requirements in the Old Town District. F. Landscaping Requirements: See Chapter 3 Article B. landscaping requirements. 11-2D-5: STANDARDS IN THE TRADITIONAL NEIGHBORHOOD CENTER DISTRICT (TN-C): The standards for development in the Traditional Neighborhood Center District are set forth in this section as follows: A. Maximum building height is forty-five (45’). B. Minimum number of stories for new construction is two (2). C. Maximum building footprint is twenty thousand (20,000) square feet. D. Minimum contiguous district size is six (6) acres. E. Administrative design review: 1. All new construction and exterior modifications shall be subject to administrative design review in accord with the procedures set forth in CHAPTER 5 ADMINISTRATION of this Title. 2. The criteria for the administrative design review is set forth in the document Meridian Traditional Neighborhood Center Design Guidelines. 3. Any applications that do not meet the criteria in the Design Guidelines shall be subject to a conditional use permit as forth in CHAPTER 5 ADMINISTRATION. 11-2D-6: STANDARDS IN THE TRADITIONAL NEIGHBORHOOD RESIDENTIAL DISTRICT (TN-R): The standards for development in the Traditional Neighborhood Residential District are set forth in this section as follows: A. Dimensional Standards: 6/2/05 6 Chapter 2 Article D. TRADITIONAL NEIGHBORHOOD DISTRICTS TABLE 11-2D-1: DIMENSIONAL STANDARDS IN THE TN-R DISTRICT DIMENSIONAL STANDARDS TN-R BY TYPE OF DWELLING UNIT DETACHED ATTACHED AND TWO- FAMILY DUPLEX Minimum-density (DU*/acre) 6 Maximum-density 15 Minimum Access ( in feet) Street 29’ with parking on both sides of the street or private drive Alley only 20’ right-of-way, 16’ paved, with 26’ clearance to structures Minimum rear setback (in feet) 5 Minimum front setback** (in feet) 10 5 Minimum front setback** to garage (in feet) 20 20 Minimum side setback 5 0 Minimum side street setback** (in feet) Alley 3 Local street 5 Collector 20 Minimum landscape buffer to streets 0 Maximum building height (in feet) 40 *DU= dwelling unit **Measured from back of sidewalk. B. Minimum property size: Each building site shall be of sufficient size to meet the minimum setbacks as established in this section. C. Housing unit allocation: In the TN-R District, a minimum of two (2) housing types, including but not limited to, single-family dwellings, townhouses, and multifamily dwellings, shall be required on any subdivision submittal or planned unit development application. D. Drainage: 1. In no case shall a development propose less than a five-foot (5’) setback adjacent to a property that is not part of the development application. 2. Properties shall provide adequate area to maintain drainage on the site. 6/2/05 1 Chapter 3 REGULATIONS APPLYING TO ALL DISTRICTS CHAPTER 3 REGULATIONS APPLYING TO ALL DISTRICTS SECTIONS: 11-3-1: PURPOSE 11-3-2: APPLICABILITY 11-3-1: PURPOSE: This chapter establishes regulations for all uses in accord with the applicable districts, including specific regulations. 11-3-2: APPLICABILITY: The regulations of this Chapter shall apply as follows: A. All development shall be in accord with Article A. standard regulations in all districts. B. All development shall be in accord with Article B. landscaping requirements. C. All development shall be in accord with Article C. off-street parking and loading requirements. D. All development shall be in accord with Article D. sign requirements. E. All development shall be in accord with Article E. temporary use requirements. F. All development shall be in accord with Article F. private street requirements. G. All development shall be in accord with Article G. common open space and site amenity requirements of this Chapter. 6/2/05 1 Chapter 3 Article A. STANDARD REGULATIONS IN ALL DISTRICTS CHAPTER 3 REGULATIONS APPLYING TO ALL DISTRICTS ARTICLE A. STANDARD REGULATIONS IN ALL DISTRICTS ARTICLE A. SECTIONS: 11-3A-1: PURPOSE 11-3A-2 APPLICABILITY 11-3A-3: ACCUMULATION OF JUNK 11-3A-4: BIKEWAYS 11-3A-5 CLEAR VISION TRIANGLE 11-3A-6: DITCHES, LATERALS, CANALS OR DRAINAGE COURSES 11-3A-7: FENCES 11-3A-8: MULTIUSE AND MICRO PATHWAYS 11-3A-9: NATURAL FEATURES 11-3A-10: NOXIOUS USE 11-3A-11: OUTDOOR LIGHTING 11-3A-12: OUTDOOR SERVICE AND EQUIPMENT AREAS 11-3A-13: OUTDOOR SPEAKER SYSTEMS 11-3A-14: OUTDOOR STORAGE 11-3A-15: PRESSURIZED IRRIGATION SYSTEM 11-3A-16: SELF-SERVICE USES 11-3A-17: SIDEWALKS AND PARKWAYS 11-3A-18: STORM DRAINAGE 11-3A-19: STRUCTURES SUBJECT TO DESIGN STANDARDS 11-3A-20: TRAVELING SLEEPING QUARTERS 11-3A-21: UTILITIES 11-3A-1: PURPOSE: This Article provides standard regulations for the location, design, and development of new land uses and the alteration of existing land uses. This Article supplements the regulations for development in each district and in accord with Chapter 2 district regulations of this Title. 11-3A-2: APPLICABILITY: This Article shall apply to the development of all principal permitted, accessory, and conditional uses. The following regulations are the minimum standards of development. Additional standards may be applied in accord with specific use standards, or other regulations of this Title. 11-3A-3: ACCUMULATION OF JUNK: The accumulation of junk on any property not meeting the requirements of Chapter 4 specific use standards Section 11-4-3.40 of this Title is prohibited. 6/2/05 2 Chapter 3 Article A. STANDARD REGULATIONS IN ALL DISTRICTS 11-3A-4: BIKEWAYS: A. Bikeways shall be encouraged within all subdivisions, within the public right- of-way or separate easement, consistent with the City’s Comprehensive Plan. B. The Bicycle-Pedestrian Design Manual For Ada County (as prepared by the Ada County Highway District) should be considered when reviewing bikeway designs. C. Consistent with the Comprehensive Plan, on-street bikeways shall be constructed on all collector streets. 11-3A-5: CLEAR VISION TRIANGLE: A. Measurement of the clear vision triangle: 1. For two (2) public streets or a street and railroad crossing, the area is defined by measuring from the intersection of the edge of pavement a distance of forty feet (40’) along each road. See Figure 3. 2. For a public street and driveway or alley, the area is defined by measuring from the intersection of the property adjacent to the roadway and the corner of the driveway twenty feet (20’) along the roadway and ten feet (10’) along the driveway. See Figure 3. Figure 3: Clear Vision Triangle Drawings 6/2/05 3 Chapter 3 Article A. STANDARD REGULATIONS IN ALL DISTRICTS B. Standards, both at controlled and uncontrolled intersections: 1. Planting and Development Standards: a. Any Class I or Class II trees planted within a clear vision triangle shall be pruned to a minimum height of eight feet (8’) above the ground or sidewalk surface and fourteen feet (14’) above the adjacent street surface. See Figure 3. b. No evergreen trees shall be planted within any clear vision triangle. c. No Class III trees shall be planted within any clear vision triangle. d. The maximum height of any berm or vegetative groundcover at maturity within the clear vision triangle shall be three feet (3’) from the lowest adjacent street grade. e. No fences higher than three feet (3’) from the lowest adjacent street grade are permitted in the clear vision triangle. f. No signs taller than three feet (3’) are permitted in the clear vision triangle, except for street/stop signs approved by the Transportation Authority. 6/2/05 4 Chapter 3 Article A. STANDARD REGULATIONS IN ALL DISTRICTS 2. Other agency standards: In all cases, the Transportation Authority standards shall apply in addition to City of Meridian standards. 11-3A-6: DITCHES, LATERALS, CANALS OR DRAINAGE COURSES: A. Piping: 1. Natural waterways intersecting, crossing, or lying within the area being developed shall remain as a natural amenity and shall not be piped or otherwise covered. See also Section 11-3A-6.B.1. 2. Irrigation ditches, laterals, canals, and drains may be left open when used as a water amenity or linear open space. See also Section 11-3A-6.B.2. 3. Except as allowed above, all other irrigation ditches, laterals or canals, intersecting, crossing or lying within the area being developed, shall be piped, or otherwise covered. This requirement does not apply to property with only an irrigation easement where the actual drainage facility is located on an adjoining property. a. The City Council may waive the requirement for covering such ditch, lateral, canal, or drain, if it finds that the public purpose requiring such will not be served and public safety can be preserved. b. The City Council may also waive this requirement for large-capacity facilities. B. Fencing: 1. Fencing along all natural waterways shall not prevent access to the waterway. In limited circumstances and in the interest of public safety, larger open water systems may require fencing as determined by the City Council, Director and/or Public Works Director. 2. Ditches, laterals, canals, and drains do not require fencing if it can be demonstrated by the applicant to the satisfaction of the Director that said ditch, lateral, canal, or drain serves as or will be improved as a part of the development, to be a water amenity. Construction drawings and relevant calculations prepared by a qualified licensed professional registered in the State of Idaho shall be submitted to both the Director and the authorized representative of the water facility for approval. 3. Except as allowed above, all other open irrigation ditches, laterals, canals, and drains shall be fenced with a chain-link fence at least six feet (6') in height and having an eleven (11) gauge, two-inch (2") mesh or other construction, equivalent in ability to deter access to said ditch, lateral, canal or drain, which fence shall be securely fastened at its base at all places where any part of said lands or areas being subdivided touches either or both sides of said ditch, lateral, canal, or drain. 6/2/05 5 Chapter 3 Article A. STANDARD REGULATIONS IN ALL DISTRICTS C. Impeding movement of water prohibited: For any irrigation or drainage ditch not within the jurisdiction of an irrigation or drainage district, piping shall not impede the movement of the amount of water crossing the property prior to development or the amount of water delivered to downstream properties. D. Natural drainage courses: All natural drainage courses shall be left undisturbed or be improved in a manner that will improve the hydraulics and ease of maintenance of the channel. Relocation of natural swales is acceptable if the hydraulics and ease of maintenance are provided for. The term natural drainage course shall not be deemed to apply to minor swales and depressions that are located entirely on the applicant's property and which serve a relatively small area where runoff is infrequent. 11-3A-7: FENCES: The following regulations shall govern the type, location, and construction of all fences: A. General Standards: 1. When a fence is erected not in conjunction with a building permit for a principal use or building, a separate building permit is required. 2. Electric wire fencing shall be prohibited. 3. Barb wire fencing shall be prohibited, except in the C-C, C-G, I-L, and I-H Districts when: a) used as the top section for security fencing; and b) located a minimum of six feet (6’) above grade to the bottom wire. 4. Unsightly materials: The use of boxes, sheet metal, old or decayed wood, broken masonry blocks, or other like unsightly materials for fencing shall be prohibited. 5. No fence shall obstruct access to public utility boxes, meters or other infrastructure. 6. Fences shall be kept free from advertising and graffiti and maintained in good repair. 7. Regulations for fences along micro-paths and common open space areas are set forth in Article B. LANDSCAPING REQUIREMENTS Section 11-3B-12 of this Chapter. 8. A fence constructed in the public right-of-way shall require a license agreement from the Transportation Authority. 9. If an owner or applicant desires to obtain an alternative compliance from the provisions of this Section, the procedure shall be in accord with Chapter 5 ADMINISTRATION of this Title. 6/2/05 6 Chapter 3 Article A. STANDARD REGULATIONS IN ALL DISTRICTS 10. See Section 11-3A-6.B.1 for additional fencing requirements along irrigation ditches, laterals, canals, and/or drains. 11. See Section 11-3A-8 for additional fencing requirements along pathways. B. Additional standards in the C-N, C-C, C-G, I-L, and I-H Districts: 1. The maximum fence height shall not exceed eight feet (8’). 2. Open vision fences may be built to the property line. C. Additional standards in the R-2, R-4, R-8, R-15, R-40, L-O, O-T, TN-C, and TN-R Districts: 1. The maximum fence height shall not exceed six feet (6’), subject to the provisions set forth in Sections 2 and 3 below. 2. The maximum fence height in the front yard including the front and side yard property lines shall be three feet (3’) for a closed vision fence and four feet (4’) for an open vision fence. See Figure 4. 3. On corner properties, the maximum fence height shall be six feet (6’) above the grade at the property line, and the minimum setback shall be ten feet (10’) from the property line. 4. Where the rear yard of one property adjoins the front yard of another property, the fence along the rear and side yards where they adjoin the adjacent front yard shall be flush or angled at forty-five (45) degrees to provide continuity with the adjoining fence and property line. See Figure 4. 6/2/05 7 Chapter 3 Article A. STANDARD REGULATIONS IN ALL DISTRICTS Figure 4: Fence regulations 11-3A-8: MULTIUSE AND MICRO PATHWAYS: A. Multiuse and micro pathways shall be required consistent with the Comprehensive Plan within new residential and commercial developments as part of the public right-of-way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobiles) can be provided throughout the urban service planning area. B. The Bicycle-Pedestrian Design Manual for Ada County (as prepared by the Ada County Highway District) and the City of Meridian Parks and Recreation Master Plan should be considered when reviewing pathway designs. C. Right-of-way for pathways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks, other residential areas, and/or shopping areas. D. Pathways shall have easements at least fifteen feet (15') in width in accord with Section 11-3B landscaping requirements of this Title. E. Micro pathways shall be less than two hundred and fifty feet (250’) or two lot depths in length and have a walking surface of least five feet (5') in width. F. Micro pathways shall comply with the landscaping requirements in accord with Chapter 3 Article B landscaping requirements. 6/2/05 8 Chapter 3 Article A. STANDARD REGULATIONS IN ALL DISTRICTS G. The developer is responsible for the construction of the fences adjacent to all micro pathways. Fences shall be required along micro pathways to distinguish common from private areas. The following fence restrictions shall be included as a note on all final plats that include a micro pathway. Fences adjacent to a micro pathway shall be: 1. An open vision fence, as it provides visibility from adjacent homes or buildings; or 2. If closed vision fencing is used, it shall not exceed four feet (4’) in height. H. Multiuse pathways along utility easements or connecting regional facilities shall have a hard surface area of at least ten feet (10’) unless more is needed for utility access. 11-3A-9: NATURAL FEATURES: Existing natural features that add value to development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved or mitigated in the design of the development. 11-3A-10: NOXIOUS USE: No area or structure in any district shall be used or occupied in any manner creating dangerous, injurious, noxious or hazardous conditions to the surrounding areas. A. Fire hazard. Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate fire-fighting and fire prevention equipment and by such safety devices as are normally used in the handling of any such materials. Such hazards shall be kept removed from adjacent activities to a distance that is compatible with the potential danger involved as specified in the Uniform Fire Code, Title 5 of the Meridian City Code and the National Safety Foundation publications. B. Radioactivity or electrical disturbance. No activity shall emit harmful radioactivity at any point, or electrical disturbance adversely affecting the operation of any equipment at any point other than that of the creator of such disturbance. C. Vibration. No vibration shall be permitted that is discernible without instruments on any adjoining property. D. Air pollution. Air pollution shall be subject to the requirements and regulations established by the health authority. E. Erosion. No erosion shall be permitted that will carry objectionable substances onto neighboring properties. F. Water pollution. Water pollution shall be subject to the requirements and regulations established by the health authority. 6/2/05 9 Chapter 3 Article A. STANDARD REGULATIONS IN ALL DISTRICTS 11-3A-11: OUTDOOR LIGHTING: A. The following types of lighting are exempt from the regulations of this Section: 1. Light fixtures that have a maximum output of less than 260 lumens. 2. All outdoor lighting produced by the direct combustion of natural gas or other fossil fuels such as kerosene lanterns or gas lamps. 3. Temporary holiday lighting used for forty (40) days or less per year. 4. Vehicular lights and all temporary emergency lighting needed for fire protection, police protection, and/or other emergency services. 5. All hazard warning lights required by Federal or State regulatory agencies. B. The installation of any of the following types of lighting are prohibited: 1. Mercury vapor lamp fixture and/or lamp. 2. Laser source light or any similar high-intensity light when projected above the horizontal. 3. Changing colors, strobe or moving lights, or searchlights (for advertising purposes) are prohibited in all districts, except where approved for temporary uses. 4. Lighting, including holiday lighting, on commercial or private tower structures that exceed the district height limit is prohibited, except as required by regulations of the Federal Aviation Administration (FAA). C. Standards. 1. Light fixtures that have a maximum output of 260 lumens or more shall have an opaque top to prevent up-lighting. 2. Light fixtures that have a maximum output of 1,000 lumens or more per fixture shall have an opaque top to prevent up-lighting, and the bulb shall not be visible. 3. Light fixtures that have a maximum output of 1,800 lumens or more shall have an opaque top to prevent up-lighting; the bulb shall not be visible and shall have a full cut-off shield. See Figure 5. 4. Light fixtures with a maximum output of 1,800 lumens or more shall be placed such that the effective zone of light (as documented by the 6/2/05 10 Chapter 3 Article A. STANDARD REGULATIONS IN ALL DISTRICTS photometric test report) shall not trespass on abutting residential properties. See Figure 6. FIGURE 5: EXAMPLES OF FULL CUT-OFF SHIELDS ALLOWED NOT ALLOWED FIGURE 6: LIGHT TRESPASS 5. Floodlight fixtures shall be located in such a manner as to prevent direct glare into a street and to minimize impact on abutting properties. a. Floodlight fixtures shall be set to go on only when triggered by activity on the property (sensor-activated) and to go off within 5 minutes after activation has ceased. b. Floodlight fixtures shall be installed so that they do not tilt up more than 45 degrees down from vertical. 6/2/05 11 Chapter 3 Article A. STANDARD REGULATIONS IN ALL DISTRICTS 6. Up-lighting shall only be allowed in cases where the fixture and any light it emits are shielded from the sky by a roof overhang or similar structural shield. 7. In residential districts, the height of a freestanding light fixture on private property shall not exceed six feet (6’). Street lamps are exempt from this height restriction. 8. Light fixtures mounted on a wall may extend to the full height of the structure, but no farther. 9. Electrical feeds to outdoor light fixtures shall be underground, not overhead. 10. Alternative compliance procedure: If an owner or applicant desires to obtain an alternative compliance from the provisions of this Section, the procedure shall be in accord with Chapter 5 ADMINISTRATION of this Title. 11-3A-12: OUTDOOR SERVICE AND EQUIPMENT AREAS: A. Outdoor mechanical equipment (including, but not limited to, heaters and fans) shall not be located within fifty feet (50’) of any abutting residential districts. To reduce noise, permanently mounted mechanical equipment shall be enclosed to the maximum extent possible. B. Outdoor utility meters, HVAC equipment, trash Dumpsters, trash compaction and other service functions shall be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. 11-3A-13: OUTDOOR SPEAKER SYSTEMS: Any outdoor speaker system associated with the use shall be located a minimum one hundred feet (100’) from all residential districts. No outdoor speaker systems shall be allowed within a residential district. These standards may be waived through approval of a Conditional Use Permit. 11-3A-14: OUTDOOR STORAGE: A. All outdoor storage of material shall be maintained in an orderly manner so as not to create a public nuisance. Materials shall not be stored within the required yards. Stored items shall not block sidewalks or parking areas and may not impede vehicular or pedestrian traffic. B. The site shall not be used as a vehicle wrecking or junkyard as herein defined. C. Outdoor storage shall be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions 6/2/05 12 Chapter 3 Article A. STANDARD REGULATIONS IN ALL DISTRICTS are fully contained and out of view from adjacent properties and public streets. 11-3A-15: PRESSURIZED IRRIGATION SYSTEMS: A. System installation required: In each development, the applicant shall provide underground, pressurized irrigation water. For subdivisions, each and every lot within the subdivision shall have underground pressurized irrigation water in compliance with Title 9, Chapter 1 water use and service. The pressurized irrigation system shall be constructed and installed at the same time as the domestic water lines, but it shall not necessarily be in the same trenches. B. Cross-connections: All cross-connections between the domestic water lines and the irrigation water lines shall be in accord with the City’s adopted standards, specifications and ordinances. C. Waiver of requirements: The requirements for pressurized irrigation may be waived upon proof that any particular property does not have water rights in an existing irrigation district. The City’s domestic water system shall be the last option for providing irrigation water to a proposed subdivision. D. If any property does not have water rights from an existing irrigation district, the applicant shall pay well development fees as determined by the City. 11-3A-16: SELF-SERVICE USES: Any unattended, self-service uses, including but not limited to, laundromats, automatic teller machines (ATMs), vehicle washing facilities, fuel sales facilities, and storage facilities, shall comply with the following requirements. The Meridian Police Chief or designee may approve alternative standards where it is determined that a similar or greater level of security is provided: A. Entrance or view of the self-service facility shall be open to the public street or to adjoining businesses and shall have low-impact security lighting. B. Financial transaction areas shall be oriented to and visible from an area that receives a high volume of traffic, such as a collector or arterial street. C. Landscape shrubbery shall be limited to no more than three feet (3’) in height between entrances and financial transaction areas and the public street. 11-3A-17: SIDEWALKS AND PARKWAYS: A. All sidewalks shall be a minimum of five feet (5’), except if detached sidewalks are provided on local streets in residential subdivisions, the minimum sidewalk width may be reduced to four feet (4’). B. Sidewalks shall be designed to flare around mail boxes, utility boxes and 6/2/05 13 Chapter 3 Article A. STANDARD REGULATIONS IN ALL DISTRICTS other impediments to pedestrian circulation to maintain a minimum four feet (4’) of travel width. C. Detached sidewalks shall be required along all arterial and collector streets. The requirement for detached sidewalks can be waived by the Director for sidewalks less than three hundred (300) linear feet in length and between two adjoining properties with attached sidewalks. D. Sidewalks shall be required on both sides of the street, except where the average width of lots, as measured at the street frontage line or at the building setback line, is over one hundred fifty feet (150'); sidewalks on only one side of the street may be allowed. E. The minimum width of a parkway shall be five feet (5’). The width can be measured from the back of curb when it can be demonstrated that there is no opportunity for expansion of the street section within the right-of-way; the parkway width shall exclude the width of the sidewalk. Only Class II trees may be planted in parkways less than ten feet (10’) in width. 11-3A-18: STORM DRAINAGE: An adequate storm drainage system shall be required in all developments in accord with the City’s adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City. 11-3A-19: STRUCTURES SUBJECT TO DESIGN STANDARDS: A. Purpose: 1. To create unique character and quality architectural design in the development of large structures. 2. To minimize the impact of the scale, bulk and color of large structures on surrounding properties. 3. To encourage high-quality materials and longevity in large structures. 4. To protect the safety and convenience of pedestrian access to large structures, and create attractive pedestrian amenities. 5. To provide greater attention to the design and location of large structures in relationship to the surrounding street. 6. To locate noise-generating activities away from any adjacent residential uses. 7. To create attractive and quality designed structures reflecting the unique character of Meridian along the City’s entryway corridors. 6/2/05 14 Chapter 3 Article A. STANDARD REGULATIONS IN ALL DISTRICTS 8. To guide the design of structures, not control the type, intensity or density of the use. B. Applicability: All structures greater than the following sizes are subject to the requirements of this section: 1. All structures greater than 7,500 square feet in the C-N District; 2. All structures greater than 10,000 square feet in the L-O District; 3. All structures greater than 60,000 square feet in the C-C District; and 4. All structures greater than 200,000 square feet in the C-G District. 5. All structures on property adjacent to an entryway corridor. C. Standards 1. Architectural Character: a. Facades: Facades visible from a public street shall incorporate modulations in the façade, roof line recesses and projections along a minimum of twenty percent (20%) of the length of the facade. b. Primary public entrance(s): The primary building entrance(s) shall be clearly defined by the architectural design of the building. Windows, awnings, or arcades shall total a minimum of thirty percent (30%) of the facade length facing a public street. c. Roof lines: Roof design shall demonstrate two or more of the following: a) overhanging eaves, b) sloped roofs; c) two (2) or more roof planes; d) varying parapet heights; and e) cornices. d. Pattern variations: At least two (2) changes in one (1) or a combination of the following shall be incorporated into the building design: color, texture and/ materials. e. Mechanical equipment: All ground-level and rooftop mechanical equipment shall be screened to the height of the unit as viewed from the property line. 2. Color and materials: Exterior building walls shall demonstrate the appearance of high-quality materials of stone, brick, wood or other native materials. Acceptable materials include tinted or textured masonry block, textured architectural coated concrete panels, tinted or textured masonry block, or stucco or stucco-like synthetic materials. Smooth-faced concrete block, tilt-up concrete panels, or prefabricated steel panels are prohibited except as accent materials. 6/2/05 15 Chapter 3 Article A. STANDARD REGULATIONS IN ALL DISTRICTS 3. Parking Lots: No more than seventy percent (70%) of the off-street parking area for the structure shall be located between the front façade of the structure and abutting streets, unless the principal building(s) and/or parking is/are screened from view by other structures, landscaping and/or berms. 4. Pedestrian walkways: a. A continuous internal pedestrian walkway that is a minimum of eight feet (8’) in width shall be provided from the perimeter sidewalk to the main building entrance. The walkway width shall be maintained clear of any outdoor sale displays, vending machines, or temporary structures. b. The internal pedestrian walkway shall be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks. c. Walkways at least eight feet (8’) in width, shall be provided for any aisle length that is greater than one-hundred fifty (150) parking spaces or two hundred feet (200’) away from the main building entrance. d. The walkways shall have weather protection (including but not limited to an awning or arcade) within twenty feet (20’) of all customer entrances. D. Alternative compliance: The Director may approve, or recommend approval of, an alternative compliance proposal in accord with Chapter 5 administration of this Title, when the overall design, as proposed by the applicant, meets or exceeds the intent and the requirements of this Section and shall not be detrimental to public health, safety, and welfare. 11-3A-20: TRAVELING SLEEPING QUARTERS: Recreation vehicles and equipment, including but not limited to, travel trailers, fifth-wheels, recreational vehicles, motor coaches, and tent, shall not be used as living quarters unless within an approved campground or recreational vehicle park. 11-3A-21: UTILITIES: A. All utilities for an approved use shall be installed at or below grade in accord with the City’s adopted standards, specifications and ordinances. B. Street lighting shall be installed in accord with the City’s adopted standards, specifications and ordinances. 6/2/05 16 Chapter 3 Article A. STANDARD REGULATIONS IN ALL DISTRICTS C. All development shall be connected to the City of Meridian water and sewer systems, unless otherwise approved by the City Engineer. 1. All public water supply or sewer systems (serving one or more separate premises or households) shall be constructed in accord with the City’s adopted master plans. 2. All new public water supply or sewer systems shall be an extension of an existing public system. D. Fire hydrants and water mains: Adequate fire protection shall be required in accord with the appropriate fire district standards. 6/2/05 1 Chapter 3 Article B. LANDSCAPING REQUIREMENTS CHAPTER 3 REGULATIONS APPLYING TO ALL DISTRICTS ARTICLE B. LANDSCAPING REQUIREMENTS ARTICLE B. SECTIONS 11-3B-1: PURPOSE 11-3B-2: APPLICABILITY 11-3B-3: APPLICATION REQUIREMENTS 11-3B-4: APPLICATION PROCESS 11-3B-5: STANDARDS AND INSTALLATION 11-3B-6: IRRIGATION STANDARDS 11-3B-7: LANDSCAPE BUFFERS ALONG STREETS 11-3B-8: PARKING LOT LANDSCAPING 11-3B-9: BUFFERS BETWEEN LAND USES 11-3B-10: TREE PRESERVATION 11-3B-11: STORMWATER INTEGRATION 11-3B-12: MICROPATH LANDSCAPING 11-3B-13: LANDSCAPE MAINTENANCE 11-3B-14: INSTALLATION 11-3B-1: PURPOSE: A. The regulations of this Article are intended to promote landscaping in the City of Meridian that will improve community livability, preserve the quality of life, and enhance the aesthetic quality, economic viability, and environmental health of the city. B. The City of Meridian recognizes that landscaping can be a significant expense to business people and residents. At the same time, landscaping improves the livability of residential neighborhoods, enhances the appearance and customer attraction of commercial areas, increases property values, improves the compatibility of adjacent uses, screens undesirable views, and can reduce air and noise pollution. C. The intent of these regulations is to achieve a balance between the right of individuals to develop and maintain their property in a manner they prefer and the rights of City residents to live, work, shop, and recreate in pleasant, healthy, and attractive surroundings. D. These regulations are intended to promote the use of native and other low- water-use plant materials and to discourage landscaping that requireds high water use for maintenance, such as large expanses of lawn. 6/2/05 2 Chapter 3 Article B. LANDSCAPING REQUIREMENTS 11-3B-2: APPLICABILITY: A landscape plan shall be required for the following: A. All development, redevelopment, additions, or site modifications except detached and attached single-family, two-family duplexes, and townhouse dwelling units. B. All common lots in all subdivisions. C. All applications for a Conditional Use Permit (CUP), Preliminary Plat (PP), Final Plat (FP), Certificate of Zoning Compliance (CZC), or Planned Unit Development (PUD). D. Applicability of additions to existing structures: Existing development shall be required to conform to this section based upon the following guidelines: 1. For additions less than twenty five percent (25%) of the existing structure or developed area, no additional landscaping shall be required. 2. For additions that are twenty five percent (25%) to fifty percent (50%) of the existing structure or developed area, Perimeter and Right-of-way Landscaping as required by this Article shall be installed. 3. For additions greater than fifty percent (50%) of the existing structure or developed area, all current landscape standards of this Article shall be met. 4. If the location of existing buildings or other structures prevents conformance with the requirements of this section, or if its implementation would create a non-conformity, the Director shall determine how this Article is to be applied through the Alternative Compliance process in accord with Chapter 5 ADMINISTRATION of this Title. 11-3B-3: APPLICATION REQUIREMENTS: A. All landscape plans shall comply with the requirements for size, scale, number of copies, and contents as detailed in the application form. B. The landscape plan may be on the same site plan used to show parking layout, setback compliance, etc. C. All landscape plans shall be prepared by a landscape architect, landscape designer, or qualified nurseryman. 11-3B-4: APPLICATION PROCESS: A. A preliminary landscape plan review is recommended prior to submission for all developments, but is not required. 6/2/05 3 Chapter 3 Article B. LANDSCAPING REQUIREMENTS B. A landscape plan will be reviewed in accord with the standards and procedures set forth in this Article and approved by the Department. C. Landscape plan modification: 1. An approved Landscape Plan shall not be altered without prior approval of the Planning Department. 2. No significant field changes to the plan are permitted. 3. Prior written approval of all material changes is required. 4. All approved changes to the landscape plan shall be documented prior to issuance of a Certificate of Occupancy. 11-3B-5: STANDARDS AND INSTALLATION: A. Approved plant material: The publication titled Tree Selection Guide for Streets and Landscapes throughout Idaho by the Urban Forestry Unit of the Boise Parks and Recreation Department (latest edition) is hereby adopted by this reference as the City of Meridian’s list of approved and prohibited plant material. The publication categorizes the trees by size as Class I, Class II, or Class III trees. The City recognizes that new plant varieties are being produced every year and will consider other species not listed in the publication. Copies of the publication will be available at the Planning Department. B. Minimum plant sizes: The following are minimum plant sizes for all required landscape areas: TABLE 11-3B-1: MINIMUM PLANT SIZES TYPE OF TREE MINIMUM SIZE Shade Trees: Two inch (2”) caliper minimum Ornamental Trees: Two inch (2”) caliper minimum Evergreen Trees: Six foot (6’) height minimum Woody Shrubs: Two (2) gallon pot minimum C. Prohibited plant material: The plants listed under Trees Not Permitted for Rights-of-Way Property Planting are prohibited from being planted along any street or within any parking lot regulated by this Article. The only exception is that conifers may be planted in the center of street buffers that have a minimum width of twenty feet (20’) as measured from the edge of the sidewalk to the street curb. For public safety purposes, the location of such conifers shall maintain view corridors of nonresidential structures. 6/2/05 4 Chapter 3 Article B. LANDSCAPING REQUIREMENTS D. Tree species mix: When five (5) or more trees are to be planted to meet the requirements of any portion of this Article (including street trees, street buffers, parking lot landscaping and other landscape guidelines), a mix of species shall be provided. The number of species to be planted shall vary according to the overall number of trees required to be planted. See the table below: TABLE 11-3B-2: REQUIRED NUMBER OF TREES AND SPECIES REQUIRED NUMBER OF TREES MINIMUM NUMBER OF SPECIES 5 to 10 2 11 to 30 3 31 to 50 4 more than 50 5 E. Plant quality: All plant material installed pursuant to this Article shall meet or exceed the minimum federal standards as regulated by ANSI Z60.1, American Standard for Nursery Stock. F. Planting standards: All trees, shrubs, and other plant material shall be planted using accepted nursery standards as published by the American Association of Nurserymen (latest edition) including hole size, backfilling, and fertilization. G. Staking: tree staking is not required but may be used in areas with high winds or other situations that make staking desirable. If trees are staked, the stakes shall be removed within 12 months to prevent damage to the tree. H. Mulching: Mulch shall be used in all required planting areas. Approved mulches may be organic, such as bark or soil aid, or they may include rock products, such as “permabark” or similar products. Use of mulch, organic or rock, as the only groundcover in required planting areas is prohibited. Required landscape areas shall be at least seventy percent (70%) covered with vegetation at maturity, with mulch used under and around the plants. Pea gravel, drain rock, road base gravel, and similar products shall not be used as mulch. All mulch shall be contained by a curb or other edging material to contain the mulch and prevent it from migrating to adjacent surfaces. If rock mulch is used, a weed barrier fabric shall be used beneath the rock. Impermeable plastic weed barriers are prohibited because they restrict water and oxygen to the plants. I. Curbing: All planting areas that border driveways, parking lots, and other vehicle use areas shall be protected by curbing, wheel stops, or other approved protective devices. Such devices shall be a minimum of thirty inches (30”) from all tree trunks to prevent cars from damaging tree trunks. 6/2/05 5 Chapter 3 Article B. LANDSCAPING REQUIREMENTS J. Utilities: The following standards apply to the planting of trees near existing utilities and to trenching for new utilities near existing trees: 1. Overhead utilities: Only Class I trees in the Recommended Plant List may be planted under or within ten (10) lateral feet of any overhead utility wires. 2. Underground utilities: All trees shall be planted outside of any easement that contains a City water or sewer main, unless written approval is obtained from the City Engineer. If any utility easement precludes trees required by this Article, the width of the required buffer shall be increased to accommodate the required trees. 3. Trenching: New underground utilities shall stay outside of the dripline of existing trees if trenched, or be tunneled a minimum of three (3’) feet below existing grade within the tree's dripline. The guiding principle is that no root two inches (2’) or larger shall be cut. Note: This requirement is for placement of new utilities and does not affect the City’s ability to access existing utilities for repair and maintenance. K. Erosion control: The landscape installation shall stabilize all soil and slopes. L. Berms: berm slopes shall not exceed 2:1 (horizontal: vertical). 3:1 maximum slopes are recommended. Grass that requires mowing shall not be used on slopes steeper than 3:1. 11-3B-6: IRRIGATION STANDARDS: A. Irrigation required: All landscape areas regulated by this Article shall be served with an automatic underground irrigation system. Additional requirements affecting pressurized irrigation systems can be found in the Meridian City Code Section 9-1-28 pressurized irrigation. B. Performance specifications: Three (3) copies of detailed irrigation performance specifications shall be submitted with the landscape plan for all Final Plats and Certificates of Zoning Compliance. Performance specifications shall state design requirements, materials, construction methods, and point of connection, and the following specifications: 1. Coverage. The irrigation system shall be designed to provide 100% coverage with head-to-head spacing or triangular spacing as appropriate. 2. Matched precipitation rates. Sprinkler heads shall have matched precipitation rates within each control valve circuit. 3. Irrigation districts. Sprinkler heads irrigating lawn or other high-water- demand areas shall be circuited so that they are on a separate zone or districts from those irrigating trees, shrubs, or other reduced-water-demand areas. 6/2/05 6 Chapter 3 Article B. LANDSCAPING REQUIREMENTS 4. Overspray. Sprinkler heads shall be adjusted to reduce overspray onto impervious surfaces such as streets, sidewalks, driveways, and parking areas. C. Backflow prevention: Provide an appropriate backflow prevention device as required by Meridian City Code Chapter 9, Article 3 cross connection control. D. Irrigation water: Use of non-potable irrigation water is required when determined to be available by the City Public Works Department as set forth in Meridian City Code Section 9-1-28 pressurized irrigation. Water availability during the fall and spring seasons is also required by connecting to City potable water or an on-site well as a secondary source, except where xeriscape landscaping has been provided. If City potable water is used, a separate water meter is required so the owner can avoid paying sewer fees for irrigation water. E. Subdivision irrigation systems: If the irrigation system is part of a plat, any irrigation pump station shall be on a common lot. The irrigation system shall be owned and maintained by an irrigation district or an Owners Association. 11-3B-7: LANDSCAPE BUFFERS ALONG STREETS: A. Purpose: The intent of these requirements is to ensure the long term and consistent maintenance of landscape buffers along streets that improve the visual quality of the streetscape, unify diverse architecture, and carry out the Comprehensive Plan policies related to promoting attractive street(s) and street beautification. B. Applicability: Landscape buffers shall be required along streets in all locations, except for local streets adjacent to single-family residential, duplex, and townhouse properties. C. Standards for landscape buffers along streets shall be as follows: 1. Buffer size: See Chapter 2 DISTRICT REGULATIONS. a. Street buffers with attached sidewalks: All street buffers with attached sidewalks shall be measured from the property line and not from the sidewalk or curb. b. Where the buffer is encumbered by easements or other restrictions, the buffer area shall include a minimum five-foot (5’) wide area for planting shrubs and trees. c. Width reduction: In a development where the required street buffer width results in an otherwise unavoidable hardship to the property, a written request for a buffer reduction may be submitted through the Alternative Compliance process in accord with Chapter 5 ADMINISTRATION of this Title. The request shall demonstrate evidence of the hardship caused by 6/2/05 7 Chapter 3 Article B. LANDSCAPING REQUIREMENTS the required street buffer and propose a specific alternative width. In no case shall the width be reduced to less than ten percent (10%) of the depth of the lot, except in Old Town. 2. Buffer location: Landscape buffers along streets shall be located at all subdivision boundaries. a. All residential subdivision street buffers shall be on a common lot, maintained by a home-owners association. b. All commercial, industrial, and other nonresidential street buffers shall be on a common lot or on a permanent easement, maintained by the property owner or business owners association. c. Except where fences and walls are used as decorative landscape elements, fences and walls are permitted only on the interior edge of the street buffer. 3. Street trees: a. All required landscape buffers along streets shall be planted with trees and shrubs, lawn, or other vegetative groundcover. b. The minimum density of one (1) tree per thirty-five (35) linear feet is required. If this calculation results in a fraction five (5) or greater, round up to an additional tree. If the calculation results in a fraction less than five (5), round the number down. c. Large shrubs, hedges and conifers should be used sparingly and in clusters that are well integrated with the landscape design. Such plants shall not screen or create a public safety hazard. 4. Tree spacing: For design flexibility, trees may be grouped together or spaced evenly as desired. However, trees shall be spaced no closer than eighty percent (80%) of the average mature width of the trees, as demonstrated in the following examples: 6/2/05 8 Chapter 3 Article B. LANDSCAPING REQUIREMENTS FIGURE 7: TREE SPACING 5. Landscaping within right-of-way: a. If the unimproved street right-of-way is ten feet (10’) or greater from edge of pavement to edge of sidewalk or property line, and street widening project is not in the Transportation Authority’s 5-year funded plan, developer shall maintain a ten- (10) foot-wide compacted gravel shoulder meeting the construction standards of the Transportation Authority and landscape the remainder with lawn or other vegetative groundcover. b. Landscaping improvements within the right-of-way shall require a license agreement between the property owner and the Transportation Authority. 6. Impervious surfaces: Allowed impervious surfaces within the landscape buffer include driveways, signs and walkways. Vehicle display pads and other related impervious surfaces are prohibited in the required buffer. 6/2/05 9 Chapter 3 Article B. LANDSCAPING REQUIREMENTS 7. Berms in street buffers: Berm design is subject to the provisions in accord with subsections 11-3B-5.L of this Article. 8. Stormwater detention: Stormwater swales may be incorporated into the buffer in accord with subsection 11-3B-11. of this Article. Other stormwater detention and retention facilities shall not be permitted in the street buffer, except along I-84. 11-3B-8: PARKING LOT LANDSCAPING: A. Purpose: The purpose of perimeter and internal parking lot landscaping is to soften and mitigate the visual affect of a large expanse of asphalt in parking lots. Landscaping can also reduce summer heat gain in parking areas and define pedestrian ways. B. Applicability: The requirements for perimeter and internal lot landscaping shall apply to all commercial, industrial and multifamily development, with the following exceptions: 1. Industrial exclusion: Parking spaces adjoining loading areas in the I-L and I-H districts are excluded from the interior landscape requirements. 2. Reconstruction of existing parking lots: Reconstruction of existing parking lots shall require a Certificate of Zoning Compliance in accord with Chapter 5 ADMINISTRATION of this Title to demonstrate conformance with the following standards: a. For restriping parking lot overlays with no increase in the square footage of the parking area, or parking lot replacement less than twenty-five percent (25%), no additional landscaping shall be required. b. For parking lot replacement that is twenty-five to fifty percent (25 to 50%) of the parking area, Perimeter and Right-of-way Landscaping as required by the Article shall be installed. 3. For parking lot replacement that is greater than fifty percent (50%) of the parking area, all current landscape standards of the Article shall be met. 4. If the location of existing buildings or other structures prevents conformance with the requirements of this section, or if its implementation would create a nonconformity with parking standards, the Director shall determine how this Article is to be applied through the Alternative Compliance process. 6/2/05 10 Chapter 3 Article B. LANDSCAPING REQUIREMENTS C. Standards: 1. For perimeter landscaping: The following standards apply to all interior lot lines, side or rear, adjacent to parking lots or other vehicular use areas, including driveways: a. Provide a five- (5) foot minimum perimeter landscape buffer along all interior lot lines that are adjacent to parking, loading, or other paved vehicular use areas, including driveways, vehicle sales areas, truck parking areas, bus parking areas, and vehicle storage areas. This requirement may be reduced at the determination of the Director where there is a shared driveway with an adjacent property. b. Landscaping: The perimeter landscape buffer shall be planted with one (1) tree per thirty-five (35) lineal feet and shrubs, lawn, or other vegetative groundcover. c. Encroachments: Structures less than 120 square feet, including but not limited, to trash enclosures and storage sheds, may encroach into the perimeter landscape buffer. 2. For internal landscaping: Interior parking lot landscaping shall be required on any parking lot with more than twelve (12) spaces. The following standards apply to internal landscaping: a. Planter size: Landscape planters shall contain a minimum of fifty (50) square feet, and the planting area shall not be less than five feet (5’) in any dimension, measured inside curbs. The only exception to the five- foot minimum dimension is at the tip of triangular planters located at the end of rows of angled parking. b. Parking spaces: No linear grouping of parking spaces shall exceed twelve (12) in a row, without an internal planter island. The planter island shall run the length of the parking space and may be reduced by two feet (2’) to allow for improved vehicular maneuvering. c. Parking lot layout: Interior landscaping shall, insofar as possible, be used to delineate and guide major traffic movement within the parking area so as to prevent cross-space driving. Interior landscape planters shall be spaced as evenly as feasible and at the ends of rows of parking throughout the lot to consistently reduce the visual impact of long rows of parked cars. d. Trees required: Each interior planter that serves a single row of parking spaces shall be landscaped with at least one (1) tree and shall be covered with low shrubs, lawn, or other vegetative groundcover. Each interior planter that serves a double row of parking spaces shall have at least two (2) trees and shall be covered with low shrubs, lawn, or other vegetative groundcover. Deciduous shade trees shall be pruned to a 6/2/05 11 Chapter 3 Article B. LANDSCAPING REQUIREMENTS minimum height of eight feet (8’) above the adjacent parking areas. Evergreen trees and Class III trees are prohibited in interior planters. e. Design flexibility: In parking areas where the strict application of this subsection 11-3B-7C will seriously limit the function and circulation of the lot, up to fifty percent (50%) of the required landscaping may be located near the perimeter of the paved area to emphasize entrance corridors or special landscape areas within the general parking area. Such required interior landscaping that is relocated shall be in addition to perimeter landscape and right-of-way screening requirements. 11-3B-9: BUFFERS BETWEEN LAND USES: A. Purpose: The landscape requirements in this section are intended to ensure that incompatible, adjoining land uses are adequately protected and are provided an appropriate amount of land separation to conduct permitted uses without causing adverse impact. B. Applicability: The landscape buffer is required in the C-N, C-C, C-G, and L-O districts on any parcel sharing a contiguous lot line with a residential land use. The landscape buffer is required in the I-L and I-H districts on any property sharing a contiguous lot line with a nonindustrial use. C. Standards: 1. Buffer materials: The materials within the required buffer between incompatible land uses are regulated as follows: a. Mix of materials: All buffer areas shall be comprised of, but not limited to, a mix of evergreen and deciduous trees, shrubs, lawn, or other vegetative groundcover. Fences, walls and berms may also be incorporated into the buffer area. b. Barrier effectiveness: The required buffer area shall result in a barrier that allows trees to touch at the time of the tree maturity. c. Buffer wall and/or fence: Where existing or proposed adjacent land uses cannot be adequately buffered with plant material(s), the City may require inclusion of a wall, fence, or other type of screen that mitigates noise and/or unsightly uses. If a wall or fence at least six feet (6’) tall is provided, the planting requirement may be reduced to at least one tree per 35 lineal feet, plus shrubs, lawn, or other vegetative groundcover. d. Chainlink Fencing: Chainlink fencing with or without slats does not qualify as a screening material. Except in the I-L and I-H districts, chainlink or cyclone fencing is prohibited within required buffers between different land uses. Chainlink may be used beyond the required buffer. 6/2/05 12 Chapter 3 Article B. LANDSCAPING REQUIREMENTS 2. Minimum buffer size: The size of the buffer is determined by the district in which the property is located. The tables of dimensional standards for each district in accord with Chapter 2 DISTRICT REGULATIONS of this Title establish the minimum buffer size. 3. Pedestrian access: Landscape buffers shall facilitate pedestrian access from residential development to abutting commercial districts and vice versa. 4. Relationship to parking lot perimeter requirements: All buffers between different land uses may include any required perimeter parking lot landscape buffers (see subsection 11-3B-9B) when calculating the minimum width of the buffer. 5. Buffers along planned pathways: All commercial, industrial, and employment developments shall provide a five-foot- (5’) wide minimum buffer adjacent to any planned pathways in the City’s Comprehensive Plan or Park System Master Plan. The buffer shall be planted with a minimum of one (1) tree per thirty-five (35) lineal feet. 6. Open water ponds: Aesthetically designed open water ponds and holding areas may comprise up to twenty-five percent (25%) of a required open space area. All ponds with a permanent water level shall meet the following standards: a. The pond shall have recirculated water. b. The pond shall be maintained such that it does not become a mosquito breeding ground. 11-3B-10: TREE PRESERVATION: A. Purpose: The regulations of this section are intended to preserve existing trees four-inch (4”) caliper or greater from destruction during the development process. B. Applicability: Tree preservation is required in all districts. C. Standards: 1. Site plans: Site plans shall make all feasible attempts to maintain existing trees four-inch (4”) caliper or greater within their design. 2. Landscape plan: All existing trees greater than four-inch (4”) caliper shall be shown on the landscape plan. Indicate whether each tree is to be retained or removed. Include on the plan a description of how existing trees to be retained are to be protected during construction. 6/2/05 13 Chapter 3 Article B. LANDSCAPING REQUIREMENTS 3. Protection during construction: Existing trees that are retained shall be protected from damage to bark, branches, and roots during construction. The City of Meridian Parks Department arborist shall approve the protection fence(s) prior to construction. Any severely damaged tree shall be replaced in accord with subsection 11-3B-10.C.5 of this Article. 4. Construction within the dripline of existing trees: Construction, excavation, or fill occurring within the drip line of any existing tree shall be avoided. Specific requirements for construction within the dripline of existing trees are as follows: a. Paving: Whenever possible, impervious paving surfaces shall remain outside of the dripline of existing trees. When it is not possible, impervious surfaces shall be allowed at a distance from the trunk of a retained tree equal to the diameter of the tree trunk plus five feet (5’). b. Grade changes: Grade changes greater than six inches (6”) are prohibited within the dripline of existing trees. c. Compaction: A fence or barrier that encloses the entire area beneath the tree canopy shall be in place prior to construction. d. Utilities: New underground utilities to be placed within the dripline of existing trees shall be installed in accord with subsection 11-3B-5.J.3 of this Article. 5. Mitigation: a. Mitigation shall be required for all existing trees four-inch (4”) caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of one hundred percent (100%) replacement. (Example: two (2) 10-inch caliper trees removed may be mitigated with four (4) 5-inch caliper trees, five (5) 4-inch caliper trees, or seven (7) 3-inch caliper trees.) b. No mitigation is required in the following: (a) existing prohibited trees within the street buffer or parking lot; (b) existing dead, dying, or hazard trees certified prior to removal by the City of Meridian Parks Department arborist; (c) trees that are required to be removed by another governmental agency having jurisdiction over the project. 6. Required landscaping: Existing trees that are retained or relocated on site may count toward the required landscaping. Mitigation trees are in addition to all other landscaping required by this Article. 6/2/05 14 Chapter 3 Article B. LANDSCAPING REQUIREMENTS 7. Incentives: The Director may allow a reduction up to ten percent (10%) of the required parking spaces to accommodate existing trees through the Alternative Compliance process in accord with Chapter 5 ADMINISTRATION of this Title. Approval of the reduction in required parking shall be obtained in writing prior to submittal of plans. 11-3B-11: STORMWATER INTEGRATION: A. Purpose: The regulations of this section are intended to improve water quality and provide a natural, effective form of flood and water pollution control through the integration of vegetated, well-designed stormwater filtration swales into required landscape areas, where topography and hydrologic features allow. B. Applicability: The standards for stormwater integration shall apply to all subdivisions, site improvements and ACHD stormwater facilities. C. Standards 1. Stormwater swales incorporated into required landscape areas shall be vegetated with grass or other appropriate plant materials. The maximum slope shall be 3:1. Such swales shall also be designed to accommodate the required number of trees as per Section 11-3B-7 if located in a street buffer or other required landscape area. 2. A rock sump may be incorporated into a vegetated swale to facilitate drainage. The rock sump inlet may not exceed more than five feet (5’) in any horizontal dimension. Grates for sand/grease interceptors may also be incorporated, but the inlet structures may not exceed two feet (2’) in any horizontal dimension. 3. Gravel, rock, or cobble stormwater facilities are not permitted on the surface of required landscape areas, unless designed as a dry creek bed or other design feature. 4. Plant materials shall be a species that are able to withstand the anticipated changes in soil wetness and moisture levels. 5. Organic mulch shall not be used against drainage catch basins because of potential sediment clogging. 6. Slopes shall be less than 3:1 (horizontal: vertical) for accessibility and maintenance. 7. The stormwater facility shall be designed free-draining with no standing water within 24 hours of the completion of a storm event. 11-3B-12: MICRO PATHWAY LANDSCAPING: 6/2/05 15 Chapter 3 Article B. LANDSCAPING REQUIREMENTS A. Purpose: The purpose of this section is to promote trees and other landscaping along micro pathways developed within the City. The required landscaping will provide shade and visual interest along the micro pathways. B. Applicability: Whenever micro pathways are installed, the landscaping standards within this section shall apply. C. Standards: 1. Planter width: A landscape strip a minimum of five feet (5’) wide shall be provided along either side of the micro pathway. Designs are encouraged in which the landscape buffers alternates along either side of the micro pathway and provides additional width to allow trees to be planted farther from the pathway, preventing root damage to the path. 2. Required plants: The landscape buffers shall be planted with a minimum of one (1) deciduous tree per thirty-five (35) linear feet of either side of the micro pathway and shrubs, lawn, or other vegetative ground cover. 3. Improvements: The pathways shall be paved with two (2) inches of asphaltic concrete or equivalent. 4. Tree branching height: Trees along the pathway shall be pruned with a clear branching height of at least eight feet (8’) above the path surface. 5. Shrub height: Shrubs are limited to three feet (3’) high or less at mature size to allow for safety provisions and sight distance. 6. Mulch: The solitary use of mulches, such as bark alone without vegetative ground covers, is prohibited. Mulch under the trees and shrubs is required in accord with subsection 11-3B-3.H. of this Article. 7. Prohibited trees: No evergreen trees or Class III trees shall be planted within the required landscape strip because of safety, sight distance, and maintenance concerns. 8. Fences: See Section 11-3A-8G of this Title for micro pathway fencing standards. 11-3B-13: LANDSCAPE MAINTENANCE: A. Purpose: The regulations of this section are intended to ensure that all required landscaping is maintained in a healthy, growing condition at all times. B. Applicability: The requirement for landscape maintenance applies in all districts where landscaping has been required. 6/2/05 16 Chapter 3 Article B. LANDSCAPING REQUIREMENTS C. Standards: 1. Responsibility: The property owner is responsible for the maintenance of all landscaping and screening devices required by this Article. 2. Topping prohibited: Topping any street tree required by this Article is prohibited. 3. Tree grates: Tree grates shall be widened to accommodate the growing tree trunk and prevent girdling of any trees planted in tree wells within sidewalks or other public right-of-way. 4. Dead and diseased plant materials: Plant materials that exhibit evidence of insect pests, disease, and/or damage shall be appropriately treated to correct the problem. Dead plant materials shall be replaced. 5. Inspections: All landscaping required by this subsection may be subject to periodic inspections by City officials to determine compliance or to investigate. 11-3B-14: INSTALLATION: A. Certificate of completion: A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. B. Installation schedule: 1. All required landscaping, irrigation systems and site features shall be installed according to the approved landscape plan prior to issuance of a final Certificate of Occupancy. 2. Private site improvements that are above and beyond the requirements placed on the development do not require completion prior to occupancy. (For example a clubhouse in a residential development need not be completed prior to occupancy of residences in the development). 3. For final plats, all landscape buffers along streets, with the exception of local streets, shall be installed prior to signature on the final plat. Street buffers on local streets may be installed at the time of the lot development; installation of such improvements shall not be required at the time of plat approval. 6/2/05 17 Chapter 3 Article B. LANDSCAPING REQUIREMENTS C. Extension of time for installation: The Director may issue a Temporary Certificate of Occupancy for a specified time period, not to exceed one hundred eighty (180) days when: 1. Due to weather or other circumstances, the landscaping or other required site amenities cannot be completed; and 2. The applicant has bonded for the required improvements consistent with the provisions of Chapter 5 Article C. SURETY AGREEMENTS of this Title. 6/2/05 1 Chapter 3 Article C. OFF-STREET PARKING AND LOADING REQUIREMENTS CHAPTER 3 REGULATIONS APPLYING TO ALL DISTRICTS ARTICLE C. OFF-STREET PARKING AND LOADING REQUIREMENTS ARTICLE C. SECTIONS: 11-3C-1: PURPOSE 11-3C-2: APPLICABILITY 11-3C-3: PROCESS 11-3C-4: PARKING USE REGULATIONS 11-3C-5: DESIGN STANDARDS 11-3C-6: REQUIRED NUMBER OF OFF-STREET PARKING SPACES 11-3C-7: PARKING REDUCTION 11-3C-8: OFF-STREET LOADING SPACE REQUIREMENTS 11-3C-1: PURPOSE: The purpose of this Article is to provide regulations and standards for off-street parking and loading facilities with the intent to provide off- street parking areas, minimize traffic hazards and congestion, and mitigate impacts on surrounding properties. 11-3C-2: APPLICABILITY: The following standards shall apply to any new construction, alteration, or moving of a structure or any new or more intense use of property. The number of off-street parking spaces, as set forth in this Article, shall be provided for all allowed uses in any district. A greater number of spaces may be required in any application involving a conditional use permit. 11-3C-3: PROCESS: An off-street parking and loading plan shall be required as a component of any discretionary permit or applicable building permit. Such plan shall show the following: A. The off-street parking and loading plan shall contain the location, size, and type of all proposed off-street parking and loading facilities. B. If the proposed development project shall be completed in phases, such phases shall be noted on the plan. 11-3C-4: PARKING USE STANDARDS: A. Required parking spaces shall be used for vehicle parking only. B. Parking areas for residential dwellings: 1. Parking of one (1) commercial vehicle as defined in Chapter 1 GENERAL REGULATIONS of this Title per property may be allowed, provided it is operated by the occupant and used to commute from home to work at an off-site location or used as part of an approved home occupation. 6/2/05 2 Chapter 3 Article C. OFF-STREET PARKING AND LOADING REQUIREMENTS 2. Vehicles without current registration shall not be parked or stored on any residential property other than in an enclosed space. 3. One (1) boat and one (1) travel trailer may be stored in the side or rear yard. 11-3C-5: DESIGN STANDARDS: A. Design of parking areas. 1. All parking areas shall be designed and constructed to provide the type and number of off-street parking spaces required by Section 11-3C-6 of this Title, and designed as required by this Section. 2. Location of parking spaces relative to structure(s). a. Parking spaces for all detached residential dwelling units shall be located on the same lot as the use that they are intended to serve. b. Parking for attached residential dwelling units shall be located not more than three hundred feet (300’)from the structure(s), except as provided by Section 11-3C-7. c. Parking spaces for nonresidential uses shall be located not more than five hundred feet (500’) from structure(s), except as provided by Section 11-3C-7. d. For any vertically integrated residential project, not more than ten percent (10%) of the required parking shall be located in the front of the structure. 3. Off-street parking spaces shall not be located in any landscape buffer as required by Article B. LANDSCAPING REQUIREMENTS of this Chapter. 4. Parking lots shall be designed in accord with Section 11-3B-8 PARKING LOT LANDSCAPING of this Chapter. 5. Parking stalls and driving aisles shall be designed in accord with the standards in Table 11-3C-1. Figure 8 shows the parking design dimensions. 6. All required parking as determined in Section 11-3C-6 shall be designed for standard vehicles. Compact stalls are discouraged, but may be used for any parking above the number of required parking spaces. 7. All parking areas shall provide on-site turnarounds in accord with the Meridian Fire Department standards for all off-street parking spaces and loading facilities. 6/2/05 3 Chapter 3 Article C. OFF-STREET PARKING AND LOADING REQUIREMENTS 8. The design of off-street parking areas shall not require moving any car to gain access to a required parking space. 9. It is the responsibility of the applicant to ensure that the parking lot design meets all American with Disabilities Act (ADA) requirements. TABLE 11-3C-1: REQUIRED STALL WIDTH AND LENGTH BY PARKING ANGLE PARKING ANGLE STALL WIDTH STALL DEPTH* ONE –WAY DRIVE AISLE** 0° (parallel) 9’-0” 23’-0” 12’-0” 45° 10’-0” 15-0” 13’-0” 60° 9’-0” 18-0” 17’-0” 90° 9’-0” 19’-0” 25’-0” *Stalls designed for compact vehicles may be reduced in depth by two feet (2’). ** All two-way drive aisles shall be a minimum of twenty five feet (25’) in width. FIGURE 8: PARKING SPACE AND DRIVE AISLE DESIGN B. Improvements. 1. Except as otherwise provided in this Section, all off-street parking areas and driveways into and through a parking area shall be improved with a compacted gravel base, not less than four inches (4”) thick, surfaced with dustless material, including but not limited to, asphalt, concrete, pavers, bricks, or recycled asphalt. This standard shall not apply to temporary uses. 6/2/05 4 Chapter 3 Article C. OFF-STREET PARKING AND LOADING REQUIREMENTS 2. All parking and loading areas shall provide proper drainage of surface water to prevent the drainage of such water onto adjacent properties or walkways. 3. Except as otherwise provided in this Section, all off-street parking areas shall be provided with a substantial wheel restraint to prevent cars from encroaching upon abutting private and public property or overhanging beyond the designated parking stall dimensions. This standard shall not apply to temporary uses. 4. When a bumper overhangs onto a sidewalk or landscape area, the parking stall dimensions may be reduced two feet (2’) in length if two feet (2’) is added to the width of the sidewalk or landscaped area planted in ground cover. 5. Parking spaces and access lanes shall be marked, including handicapped symbols and signs. 6. All lighting provided to illuminate a parking area shall comply with the lighting standards provided in Article A. STANDARD REGULATIONS IN ALL DISTRICTS of this Chapter. 7. All landscaping improvements shall comply with Article B. LANDSCAPING REQUIREMENTS of this Chapter. C. Bicycle parking facilities shall meet the following location and design standards: 1. Bicycle parking facilities shall be located as close as possible to the building entrance(s). 2. Bicycle parking facilities shall not obstruct pedestrian walkways, public sidewalks, or building entrances. 3. It is the responsibility of the applicant to ensure that the bicycle parking facilities meet all American with Disabilities Act (ADA) requirements. 4. Bicycle parking facilities shall support the bicycle and allow the owner to lock the frame and front wheel with one lock. D. The Director may approve, or recommend approval of, an alternative off- street parking and loading plan, through the Alternative Compliance process when the overall design, as proposed by the applicant, meets or exceeds the intent and the requirements of this Article and shall not be detrimental to the public health, safety, and welfare. Mitigating circumstances might include, but not be limited to access to, an adequate public transit system and/or an unusually low parking demand. 11-3C-6: REQUIRED NUMBER OF OFF-STREET PARKING SPACES: 6/2/05 5 Chapter 3 Article C. OFF-STREET PARKING AND LOADING REQUIREMENTS A. The minimum number of required off-street vehicle parking spaces for residential uses shall be in accord with Table 11-3C-2. TABLE 11-3C-2: REQUIRED PARKING SPACES FOR RESIDENTIAL USE USE REQUIRED PARKING SPACES* Dwelling, multifamily 1 bedroom more than 1bedroom age-restricted elderly housing 2 per dwelling unit, 1 in enclosed garage 2 per dwelling unit in an enclosed garage .5 per dwelling unit Dwelling, secondary 1 per dwelling unit Dwelling , single-family attached 1 bedroom more than 1 bedroom 2 per dwelling unit, 1 in enclosed garage 2 per dwelling unit in an enclosed garage Dwelling, single-family detached 2 per dwelling unit in an enclosed garage Dwelling, townhouse 1 bedroom more than 1bedroom 2 per dwelling unit, 1 in enclosed garage 2 per dwelling unit in an enclosed garage Dwelling, two-family duplex 1 bedroom more than 1bedroom 2 per dwelling unit, 1 in enclosed garage 2 per dwelling unit in an enclosed garage *The size of the garage required for dwelling units shall be measured by exterior dimensions and shall be at least ten by twenty feet (10’ X 20’) for a one space garage and twenty by twenty feet (20’ X 20’) for a two-space garage. B. There shall be no specified standard for required off-street vehicle parking spaces for nonresidential uses. In circumstances where there would appear to be a public safety issue, the Director may request additional information from the applicant to determine if there is sufficient parking. When in the determination of the Director there is insufficient parking, the applicant shall provide alternatives to on-site parking as set forth in Section 11-3C-7 of this Title. The determination by the Director shall be based on the following criteria: 1. The specific use(s) proposed and/or on the property; 2. Uses in the vicinity of the property; 3. A traffic study, if prepared, forecasting the expected traffic and parking needs expected from the use(s); 4. The availability of on-street, shared, and/or public parking within the vicinity of the use; and/or 5. The availability of public transit, van pooling or other alternative transportation to serve the use. 6/2/05 6 Chapter 3 Article C. OFF-STREET PARKING AND LOADING REQUIREMENTS C. Upon any change of use, the number of vehicle parking spaces to be provided shall be calculated according to the requirements of this Article for the new use. D. It is the responsibility of the applicant to ensure that the size and number of handicap accessible spaces meets all American with Disabilities Act (ADA) requirements. E. The required vehicle parking spaces shall be provided and continuously maintained. F. No required parking area or space provided, as required by this Article, shall later be eliminated, reduced, or converted in any manner unless other equivalent facilities approved by the Director are provided. G. One (1) bicycle parking space shall be provided for every twenty-five (25) vehicle parking spaces, except for single family residences, two-family duplex, and townhouses. 11-3C-7: STANDARDS FOR ALTERNATIVES TO ON-SITE PARKING: Alternatives to providing on-site parking as set forth in this Section are encouraged in all developments. When required to meet minimum parking standards of Section 11-3C-6B, alternatives shall include but not limited to, shared-use facilities, access to transit and availability of other forms of transportation such as carpool and van pools. A. Conditions favorable to providing alternatives to on-site parking are as follows: 1. Shared use: a. There are convenient pedestrian connections between separate properties; b. The properties and/or uses are within 1,000 feet of each other; c. The principal operating hours of the uses are not in substantial conflict with one another; and d. Directional signs provide notice of the availability of parking. 2. Alternative transportation: a. There is a transit stop within ¼ mile of the use; or b. There is an incentive program for carpooling, van pooling, or transit supported by the employer. 6/2/05 7 Chapter 3 Article C. OFF-STREET PARKING AND LOADING REQUIREMENTS B. Where alternative modes of transportation are available, on-site parking may be reduced by an equivalent amount to the demand that is met by the alternative transportation mode, as documented in a transportation plan prepared by a registered engineer. C. Agreement: 1. All parties involved with the shared-use parking area shall submit a written agreement to the Director, signed by the applicable parties involved. The agreement shall specify the following: a. Party or parties responsible for construction; and b. Party or parties responsible for maintenance. 2. The applicant or owner shall record such agreement with the Ada County Recorder prior to issuance of any permits. 3. The shared-use parking agreement may be terminated by the parties only if off-street parking is provided in conformance with this Article and approved by the Director prior to the termination. 11-3C-8: OFF-STREET LOADING SPACE REQUIREMENTS: A. Off-street loading spaces for commercial and industrial uses shall be provided in accord with Table 8-4G-3. TABLE 8-4G-3: REQUIRED LOADING SPACES BY GROSS FLOOR AREA GROSS FLOOR AREA IN SQUARE FEET REQUIRED TYPE AND NUMBER OF SPACES 0 to 36,000 1 Type B 36,001 to 100,000 1 Type A and 1 Type B Each additional 75,000 or fraction thereof 1 additional Type A B. Type A spaces shall be not less than 12 feet in width and 35 feet in length. Type B spaces shall be not less than 15 feet in width and 65 feet in length. All spaces shall have 14 feet of vertical clearance. C. Parking and loading areas shall be designed so vehicles shall not back out into the street. D. No off-street loading space shall be located closer than fifty feet (50’) to an abutting rural or residential district unless wholly enclosed within a sound attenuating structure, such as masonry block. No off-street loading space shall face an abutting residential district. 6/2/05 8 Chapter 3 Article C. OFF-STREET PARKING AND LOADING REQUIREMENTS E. Any off-street loading space located within fifty feet (50’) feet of a residential district shall not operate between the hours of 10:00 p.m. and 7:00 a.m. 6/2/05 1 Chapter 3 Article D. SIGN REQUIREMENTS CHAPTER 3 REGULATIONS APPLYING TO ALL DISTRICTS ARTICLE D. SIGN REQUIREMENTS ARTICLE D. SECTIONS: 11-3D-1: PURPOSE 11-3D-2: APPLICABILITY 11-3D-3: PROHIBITED SIGNS 11-3D-4: PROCESS 11-3D-5: GENERAL STANDARDS 11-3D-6: STANDARDS FOR TEMPORARY SIGNS 11-3D-7: STANDARDS FOR PERMANENT SIGNS ALLOWED WITHOUT A PERMIT 11-3D-8: STANDARDS FOR PERMANENT SIGNS ALLOWED WITH A PERMIT 11-3D-9: PLANNED SIGN PROGRAM 11-3D-10 STANDARDS BY ZONING DISTRICT: 11-3D-1: PURPOSE: The regulations of this Article are intended to: A. Require architectural and aesthetic harmony for signs as they relate to building design and surrounding landscaping. B. Regulate sign size, height, and quality of signs, which will allow for good visibility for the public and the needs of business while providing for the health and safety of the public by minimizing distractions to motorists and pedestrians. C. Regulate signs that will be compatible with the building, site conditions and land uses the signs are intended to identify. D. Require the maintenance of existing signs and provide for a program of bringing nonconforming signs into conformance with the standards of this Article as changes are made to the sign or business. E. Set forth procedures that will facilitate the efficient processing of sign applications. F. Establish design criteria that will promote attractive and effective signs for Meridian residents, businesses, employees and visitors. 6/2/05 1 Chapter 3 Article D. SIGN REQUIREMENTS FIGURE 9: SIGN TYPES Projecting Freestanding Awning Window Under Canopy Door Wall Parapet Sign Background Area 6/2/05 1 Chapter 3 Article D. SIGN REQUIREMENTS 11-3D-2: APPLICABILITY: A. Except as otherwise provided in this Chapter, it shall be unlawful for any person to erect, construct, enlarge, move or convert any sign in the City, or cause the same to be done, without first obtaining a sign permit through the Planning and the Building departments. A permit shall not be required for a change of copy on any sign, nor for the repainting, cleaning or other normal maintenance or repair of a sign or sign structure for which a permit has previously been issued in accord with this Code, provided that the sign or sign structure is not altered in any way. See Figure 9 (previous page) for an illustration of common sign types. B. Super Graphics: Super graphics, as defined in Chapter 1, Article A definitions of this Title are not regulated by this Code. C. Classification and Status of Existing Signs: Signs in existence prior to February 6, 2001, will fall under one of the three (3) following classifications and be subject to procedures and actions as described: 1. Conforming: A sign that conforms to the requirements of this Article. These signs may remain and continue to be governed according to this Article. 2. Nonconforming: a. Any sign that does not conform to the requirements of this Article, but which was legally erected in either of the following circumstances: i. a valid permit was issued for the sign prior to the adoption of this Code; or ii. the sign required no permit but was a legal sign prior to the adoption of this Code. b. No temporary sign, prohibited sign, or sign for an illegal use shall be eligible for “nonconforming” status. c. A nonconforming sign shall lose its nonconforming status if: i. There is a change of background area constituting fifty percent (50%) or more of the total existing sign background area; ii. The sign is moved to a position that violates this Article; or iii. The sign cabinet or supporting structure is replaced; or 6/2/05 2 Chapter 3 Article D. SIGN REQUIREMENTS iv. A new or additional sign, including reader boards, is provided for the business using the nonconforming sign; or v. There is a change in the use of the property on which the sign is located; or vi. There are alterations or enlargements to the site or building on the property in excess of twenty-five percent (25%) or more of the existing site or building. The amount of alterations shall be cumulative over time; or vii. The legal nonconforming sign has been damaged to the extent of more than fifty percent (50%) of its reproduction value. viii. The sign is abandoned; see Section 11-3D-5 of this Article. d. Upon occurrence of any of the above events, a nonconforming sign shall lose its legal status. Thereafter, the sign owner shall remove the sign within sixty (60) days, unless he/she is able to bring it into compliance with this Code. 3. Illegal: Any sign that does not conform to the requirements of this Article and for which a permit was never legally issued and that cannot meet the requirements of a legal nonconforming sign. Illegal signs will be enforced under the provisions of Sections 11-3D-10 and 11-3D-11 of this Article. D. Public hearing notice signs as required by Section 11-5A-5D of this Title shall be exempt from the provisions of this Article. 11-3D-3: PROHIBITED SIGNS: The following types of signs are prohibited in all districts: A. Private signs within public right-of-way or upon city-owned property. (This does not prohibit the Transportation Authority or City from placing signs on the property.) B. Pennants, strings of lights, ribbons, streamers, spinners, twirlers or propellers, balloons, bubble machines and similar devices of a carnival nature. C. Signs which because of color, wording, design, size, movement, location or illumination resemble or conflict with any traffic-control device or with the safe and efficient flow of traffic. D. Signs that emit any sound, odor or visible matter. E. Abandoned nonconforming Signs. (See Section 11-3D-5.A) 6/2/05 3 Chapter 3 Article D. SIGN REQUIREMENTS F. Roof signs. G. The parking of any idle vehicle or trailer on any property for more than 72 hours, any part of which is located within 35 feet of a public right-of-way, and which has affixed to it a sign which is intended to attract or direct customers to a business which is on or near the property. This prohibition is not intended to apply to a fleet vehicle(s) which leaves the premises during the hours of the business operation. H. Strobe, revolving or flashing lights. I. Reader boards in all residential districts, except as approved through the Conditional Use Permit process for nonresidential uses. J. Off-premise signs, except as permitted in Sections 11-3D-6A6, 11-3D-8D, and 11-3D-8H. K. Signs for illegal uses. 11-3D-4: PROCESS: A. Application for sign permit: 1. An application and fees, in accord with Chapter 5 ADMINISTRATION of this Title, shall be submitted to the Director on forms provided by the Planning Department. 2. The application shall contain such information as may be required by the Building Code in accord with Title 7 of the Meridian City Municipal Code and all appropriate regulations of the City. 3. Fees for sign permit applications shall be paid to the Building Department at the time of sign permit issuance. Fees for temporary signs requiring permits shall be paid to the Planning Department. B. Effect of issuance: No permit for a sign issued hereunder shall be deemed to constitute permission or authorization to maintain an unlawful sign nor shall any permit issued hereunder constitute a defense in an action to abate an unlawful sign. C. Inspection markings: 1. All permanent signs regulated by this Article shall be marked with the sign permit number. This marking shall be permanently placed on the exterior face of the sign or the support structure in a location where the information will be readily visible, legible, and accessible for inspection after installation and erection. 6/2/05 4 Chapter 3 Article D. SIGN REQUIREMENTS 2. All temporary signs regulated by this Article shall attach the permit issued by the Planning Department to the temporary sign in a visible manner and accessible for inspection. D. Inspection. The Director and/or Building Inspector are hereby empowered to enter or inspect, upon notification of the property owner or manager, any building, structure or premises in the City on which or in connection with which a sign is located, for the purpose of inspection of the sign, its structural and electrical connections, and to ensure compliance with the provisions of this Code. Such inspections shall be carried out during business hours, unless an emergency exists. E. Maintenance. The Director shall have the authority to order the repair or structural alteration for safety of signs that present a hazard to the public. F. Signs declared hazardous: Upon finding that any sign endangers public safety by reason of inadequate maintenance, dilapidation or abandonment, the Director may declare the sign hazardous. The Director shall send the owner written notice that the sign has been declared hazardous, specifying the reasons why the sign endangers public safety, and order that the sign be repaired or removed by the owner within thirty (30) days. If a sign determined to be hazardous presents an immediate and serious danger to the public, it may be immediately removed by the City without prior notice and the removal costs charged to the owner. G. Time limitations: Every sign permit issued by the City shall become null and void if erection or construction on-site is not commenced within one (1) year from the date the permit was issued. If work authorized by such permit is suspended or abandoned for one year any time after the work is commenced, a new permit shall be obtained 11-3D-5: GENERAL STANDARDS: The following requirements shall apply to signs in all districts: A. Abandoned nonconforming signs: Except as otherwise provided in this Code, any sign located on property that pertains to a time, event, business, or purpose which no longer applies to that property and has been continuously vacant for a period exceeding six (6) months shall be deemed as abandoned. A nonconforming abandoned sign is prohibited and shall be immediately removed upon notice by the City or brought into full compliance by the owner of the sign or owner of the property. B. Abandoned conforming signs: Except as otherwise provided in this Code, any sign located on property that pertains to a time, event, business, or purpose which no longer applies to that property and has been continuously vacant for a period exceeding six (6) months shall be deemed as abandoned. Conforming abandoned sign structures may remain. However, the business name panels shall be removed immediately. Such signs shall be maintained in an aesthetically pleasing manner according to the standards in Paragraph C of this section. 6/2/05 5 Chapter 3 Article D. SIGN REQUIREMENTS C. Sign Maintenance and Repair: 1. All signs shall be continually maintained in a state of good appearance, security, safety and repair throughout their life. Nothing in this code shall relieve the owner or user of any sign or owner of property on which a sign is located from maintaining the sign in a safe condition and in a state of good repair. 2. Maintenance requirements include, but are not limited to, the following situations: a. Any metal pole covers and sign cabinets shall be kept free of rust and rust stains; b. Any internally illuminated sign cabinets or sign panels that have been damaged shall remain unilluminated until repaired; c. All abandoned signs shall either install blank opaque panels or reverse the existing panels to avoid exposing any internal illumination; d. Any signage that has been damaged to such extent that they may pose a hazard to passersby shall be repaired or removed immediately. D. Blanketing of signs: No freestanding permanent sign shall be erected in the same horizontal plane with other signs unless spaced at least twenty-five feet (25’) apart. E. Signs adjacent to residential districts: 1. Any freestanding sign located on a commercial or industrial property that is adjacent to a residential district and shares the same street frontage shall be set back to meet the front setback requirements of the adjoining residential district. 2. No sign background or area facing the side or rear property line of an abutting residential district shall be located within fifty feet (50’) of such side or rear property line. 3. Animated signs and/or signs using direct lighting shall be prohibited within one hundred feet (100’) of any residential district. Distance shall refer to the linear measurement in either direction on the street to which the sign faces only. 4. No sign shall be designed or located such that more than one-half (½) foot-candle of light fall occurs at ground level at the property line of a residential district. F. Clear vision triangles: Signs shall not be permitted in the clear vision triangle 6/2/05 6 Chapter 3 Article D. SIGN REQUIREMENTS as set forth in Section 11-3A-5 clear vision triangle of this Title. G. Street-ground elevation differences: If a street elevation to which the sign is oriented is more than the grade elevation at the base of the sign structure, then the street elevation shall be used in determining the permitted height of signs erected upon the ground. This provision shall apply only to freestanding signs. H. Utility power lines: 1. Signs shall be located in such a way that they maintain horizontal and vertical clearance of all overhead electrical conductors in accord with National Electric Safety Code specifications, as reviewed and determined by the local power company. 2. Applicants are required to contact the local electric company before erecting a sign nearer than twenty-five feet (25’) of electric power lines. 3. No sign shall be placed within a power line easement without approval of the holder of such easement. I. Design: 1. Sign supports: The intent of this Section is to prohibit bare pylons and/or mono poles, except in the I-84 Overlay and Freeway Interchange Overlay for signs over thirty-five feet (35’) in height. All other pole support structures shall be constructed with pole covers that meet the following standards: a. Covering shall be designed to fully enclose the pole(s). b. Paint or wraps shall not be permitted types of covering. Vinyl or similar materials that complement the sign background area may be allowed on sign supports for sign ten feet (10’) or less in height when such covering meets or exceeds the intent of this Section, as determined by the Director. c. Special decorative elements such as sculptured metal, wrought iron or other aesthetically pleasing materials that are incorporated into the support structure design and do not fully enclose the structure may be allowed, as determined by the Director when they meet or exceed the intent of this Section. 2. Signs shall incorporate design and building materials that complement the architectural theme of the building for which the sign identifies. For permanent signs, architectural appurtenances or other decorative elements that do not contain copy are allowed up to a maximum of fifteen percent (15%) of the district’s allowable sign height. 6/2/05 7 Chapter 3 Article D. SIGN REQUIREMENTS J. Landscape base requirement: All freestanding signs shall be set entirely within a landscaped area having at least the same square footage as the background area of the sign. K. Street address: 1. All freestanding signs, except as otherwise approved for residential subdivisions, shall include the street address(es) of the subject property. 2. The placement of the street address on the sign shall be in addition to any address required to be placed on the building, unless otherwise authorized by the Meridian Fire Department. 3. Numbering shall be a minimum of three and one-half inches (3.5”) tall and be of a contrasting color. 4. Street addresses shall not be included in the calculation for sign background area, except for those portions that exceed five (5) square feet. 5. On multitenant signs, addresses shall be included with the planned sign program application. 6. Signs that identify multiple buildings and/or addresses may provide a range of addresses. 11-3D-6: STANDARDS FOR TEMPORARY SIGNS: A. General standards for all temporary signs: 1. Where applicable, temporary signs shall be removed upon expiration of the allowed or permitted display period. 2. All temporary signs shall be securely fastened to the ground or to a permanent structure, or the temporary sign shall be mounted upon a permitted device. Signs shall be erected in a manner that does not create a potential hazard of any kind. The attachment line and balloon (or other sign) shall not exceed eighty percent (80%) of the horizontal distance to the nearest overhead power line. For example, an inflatable sign with a forty-foot (40’) lead must be at least fifty feet (50’), (40’ x 80%) from any power line, measured in a horizontal distance. 3. No temporary sign shall be internally or externally illuminated. 4. No temporary sign shall be located within a public right-of-way, except as permitted under Section 11-3D-6.C and where the applicant has written approval from the Transportation Authority. 6/2/05 8 Chapter 3 Article D. SIGN REQUIREMENTS 5. All temporary signs shall be weatherproofed and kept in a state of good appearance, safety, and repair. Any damaged or potentially hazardous sign shall be repaired or removed immediately. 6. The following additional standards shall apply to temporary signs that require a permit as set forth in the Section 11-3D-6C of this Article. a. A temporary sign permit may be obtained through the Planning Department for thirty (30), sixty (60), or ninety (90) day time periods. i. In no instance shall a temporary sign requiring a permit be displayed for more than ninety (90) days per year per business. ii. A permit must be obtained for every new temporary sign to be displayed. iii. If a permitted sign is removed for any portion of the permitted time period, the time shall be forfeited and shall not accrue or be added to the allowable display period for a temporary sign. For example, if a business owner obtains a permit for ninety (90) days for a banner sign, that would be the only temporary sign allowed that year. Even if that business owner were to remove the banner sign after thirty (30) days, that business would not be eligible for an additional sixty (60) days of display time for a temporary sign. b. The temporary sign permit shall be attached to the approved sign so that it is visible from the nearest public right-of-way. c. All signs to be placed on private property shall obtain the written consent of the property owner and file that consent with the Planning Department prior to issuance of a permit. B. Temporary Signs Not Requiring a Permit: The temporary signs listed below do not require a permit, provided that the construction, placement and use of the temporary signs are in conformance with all applicable standards of this Article. 1. Construction signs shall be allowed, provided that such signs are erected no more than thirty (30) days prior to the beginning of construction for which a valid building permit has been issued, are confined to the site of construction, and are removed five (5) days after completion of construction and prior to occupancy. Construction sign shall be a maximum of thirty-two (32) square-feet in area, unless legally required by a governmental contract to be larger. (See Tables 11-3D-1 through 11-3D-9 for other standards related to constriction signs.) 2. Holiday decoration signs are allowed, provided that such signs are erected no more than thirty (30) days prior to the official holiday and are removed 6/2/05 9 Chapter 3 Article D. SIGN REQUIREMENTS five (5) days after said holiday. Such decorations shall comply with the standards in Section 11-3D-6.A. 3. Temporary sign in residential districts are allowed, provided that such signs are no more than six (6) square feet in area and no more than one (1) temporary sign is displayed per property. If the sign pertains to an event, the sign shall be removed within five (5) days after said event. Events shall include, but not be limited to an election, home sale, garage sale, seasonal event, birth announcement and similar events associated with a residential district. 4. Temporary window signs are allowed in nonresidential districts, provided that the temporary signs shall not exceed twenty five percent (25%) of the window area, and the combined total copy are of temporary and permanent window signs shall not exceed twenty five percent (25%) of the total window area per building elevation. 5. Handheld signs are allowed. C. Temporary signs requiring a permit: The following signs may be allowed upon issuance of a permit from the Planning Department. 1. Street Banners stretched over public property that pertain to civic affairs and that meet the following standards: a. The Director shall determine that the banner pertains to a civic affair. b. No banner shall be allowed over public property for a longer period than fourteen (14) days. c. A substantial rope at least one inch (1”) in diameter shall be used as the main support for banners and two and one-half inches (2½”) ropes shall be used for securing each lower corner. The banner shall have sufficient wind holes. Wire cable, metallic rope or other material capable of conducting electricity shall not be used to secure the banner. 2. Searchlights that meet the following standards: a. The searchlight is used by a business once annually for a maximum period of seven (7) consecutive days, or for purposes of the grand opening of a new business or a business under new management for a maximum period of seven (7) consecutive days. b. In no case shall the beam of the searchlight flash against any building or sweep an arc greater than forty-five (45) degrees from vertical. 3. Balloons and other inflated devices and other temporary signs that exceed the freestanding sign height allowances for the district, provided that such balloons, devices and signs meet the following standards: 6/2/05 10 Chapter 3 Article D. SIGN REQUIREMENTS a. No more than one (1) such sign or device is allowed per business per year. b. The sign or device is securely fastened to a permanent structure or device. c. No mylar, electricity or other power-conducting material is used in the construction of the sign or device. d. The sign or device is no greater than one and one-half (1½) times the maximum building height within the district. 4. Temporary sign in nonresidential districts that meet the following standards: a. A maximum of one (1) such sign shall be displayed per business at any one time and a maximum of three (3) such signs per property. b. The background area for temporary banner signs shall not exceed five percent (5%) of the wall area on which the banner is fastened or three percent (3%) if the same wall has a permanent wall sign. c. The background area for all other temporary signs shall not exceed sixteen (16) square feet. d. The sign(s) shall not be attached to the support structure of a freestanding sign, and shall comply with the permanent sign setback requirements. 11-3D-7: STANDARDS FOR PERMANENT SIGNS ALLOWED WITHOUT A PERMIT: A. Directional or public service information signs. Directional signs shall be no greater than four (4) square feet in area and no more than four feet (4’) in height. If business identification is used, then it shall be secondary in all aspects to the primary use of these signs for directional purposes as defined. B. Conventional flags, emblems or insignia of any national or political subdivision or corporation. C. Governmental signs for the control of traffic or other regulatory purposes, or signs of public service companies indicating danger, that are erected by or on the order of a public officer in the performance of public duty. D. House numbers and name plates. E. Signs located within the interior of any building or structure that are not 6/2/05 11 Chapter 3 Article D. SIGN REQUIREMENTS visible from the public right-of-way. F. “No Trespassing” or “No Dumping” signs that do not exceed one-one-half (1½) square feet in area per sign and that do not exceed one (1) per one- hundred feet (100’) of the perimeter of the property. Special permission may be obtained from the Director for additional signs where hazardous or public nuisance conditions exist. G. Memorial signs or tablets, names or buildings and date of erection that are cut into masonry surface or inlaid so as to be part of the building. H. Occupant wall signs not to exceed one (1) for each dwelling unit indicating the name of the occupant, or the location or identification of a home or professional office except as limited by the district encompassing the use. I. Plaques or nameplate signs of not more than two and one-half (2 ½) square feet in area that are fastened directly to a building. J. Public signs required or specifically authorized for a public purpose by any law, statute or ordinance, that may be of any type, number, area, height above grade, location, illumination or animation as required by the law, statute or ordinance under which the signs are erected. K. Historical signs or markers. L. Permanent window signs (where such signs are allowed), provided that permanent signs shall not exceed twenty-five percent (25%) of the window area, and the combined total copy area of temporary and permanent window signs shall not exceed fifty percent (50%) of the total window area. M. Signs in the display windows of a business that are incorporated in a display of merchandise and not attached to the window glass. N. Religious symbols, commemorative plaques of recognized historical agencies, or identification emblems of religious orders or historical agencies, provided that no such symbol plaque or identification emblem shall exceed four (4) square feet in area, and provided further that all such symbols, plaques and identification emblems shall be placed flat against a building. 6/2/05 12 Chapter 3 Article D. SIGN REQUIREMENTS O. Signs warning the public of the existence of danger, of a size as may be necessary to be removed upon subsidence of danger. Such signs shall not contain advertising material. P. Any sign that is oriented only to the property on which it is located and is not visible from the public right-of-way. 11-3D-8: STANDARDS FOR PERMANENT SIGNS ALLOWED WITH A PERMIT: The following regulations apply in correlation with the sign types listed in Tables 11-3D-1 through 11-3D-9 in this Section. A. Rent, lease and sale Signs: the regulations in Sections 11-3D-6.A.6 and 11- 3D-6.A.10 shall also apply. B. Construction signs: the regulations in Section 11-3D-6.A.2 shall also apply. C. Freestanding signs (Single Building): In addition to the provisions of Tables 11-3D-1 through 11-3D-9, the following standards shall apply to all freestanding signs not part of a planned sign program: 1. Number allowed: No building occupied by a single tenant may be signed with more than one (1) freestanding sign unless the sign is sited on a second public street frontage of the lot, or approved as a directional sign. For single tenants on property in excess of ten (10) acres or more, the Director may approve additional freestanding signs not exceeding four (4) feet in height through the alternative compliance procedure in accord with Chapter 5 ADMINISTRATION of this Title. 2. Maximum height and background area: The sign height and background area shall be as provided in Tables 11-3D-1 through 11-3D-9. 3. Setbacks and location: In all districts, no part of the sign, including the footing, shall be located closer than five feet (5’) from the side and rear property lines, unless greater separation is required. In commercial and industrial districts, no part of the sign, including the footing, shall be located closer than one foot (1’) from the front property line. In residential and office districts, the setback shall be a minimum of five feet (5’) from the front property line. (See Sections 11-3D-5E and 11-3D-5F for other setback requirements.) 4. Illumination: Signs may utilize direct, indirect or internal lighting, except that the use of direct lighting in or adjacent to residential districts is prohibited. D. Wall signs: In addition to the provisions of Tables 11-3D-1 through 11-3D-9, the following standards shall apply to all wall signs: 1. Area: For wall signs oriented to a public street, the sign shall not exceed eighteen percent (18%) of wall area (up to a maximum of seventy-five (75) 6/2/05 13 Chapter 3 Article D. SIGN REQUIREMENTS square feet in office districts). For wall signs not oriented to a public street, the sign shall not exceed nine percent (9%) of wall area. “Wall Area” shall mean the wall surface of a single-tenant structure or the storefront of a multitenant structure. When a combination of wall and freestanding signs are used on a single site, the total area for wall signs oriented to a public street shall be reduced by fifty percent (50%). 2. Height: No wall sign shall exceed the height of the wall face. 3. Number allowed: Each business with exterior frontage in office, commercial or industrial districts or as otherwise approved as part of a Planned Development shall be permitted wall signs. The combined area of all signs on a single wall shall not exceed the allowable percentage. 4. Lighting: Direct illumination signs are prohibited. 5. Animation, flashing lights, and revolving signs are prohibited as wall signs. 6. The design of the sign, including color scheme, shall be compatible with the wall face. Illuminated wall signs shall be designed in accord with Sections 11-3D and 3E. No illuminated wall sign shall be visible from any adjacent residential structure. E. Projecting Signs: 1. Location: Projecting signs are prohibited in all districts except O-T and TN- C or as approved under a planned sign program. 2. Maximum background area: The maximum background area shall be five percent (5%) of building face facing a local street within the Old Town District, up to a maximum of fifteen (15) square feet; fifteen percent (15%) in other districts where such signs are allowed. When both projecting and wall signs are utilized, the allowable area for each sign type is to be reduced by fifty percent (50%). 3. Projection above building height: No projecting sign shall ever project above the building roof line. 4. Vertical clearance: The minimum clearance over public rights-of-way or private walkways shall be eight feet (8’). 5. Lighting: projecting signs shall have either direct or indirect lighting sources. 6. Number allowed: Where permitted, no more than one (1) projecting sign per business shall be allowed. 6/2/05 14 Chapter 3 Article D. SIGN REQUIREMENTS 7. Projection from wall: Projecting signs shall have a maximum projection of ten feet (10’) or to within two feet (2’) of the face of the curb, whichever is less. F. General interest directional signs: Except as otherwise provided, sign regulations governing erection of non-accessory directional signs at street intersections and other appropriate locations by City of Meridian for direction to places of general interest such as colleges, auditoriums, fairgrounds, hospitals, airports, parks, playgrounds, and other places are to be treated as public service information signs and regulated as such. G. Billboards: 1. Existing billboards may be allowed to relocate with a Conditional Use Permit if the new site is approved based on the findings and criteria set forth in Paragraphs 2 and 3 of this Section. 2. Existing off-premise signs of the billboard category may be replaced structure for structure. 3. The Planning and Zoning Commission and City Council shall make all of the following findings in permitting a billboard relocation: a. That the location and placement of the sign will not endanger motorists or pedestrians and does not interfere with the clear vision triangle at street, railroad, or street-driveway intersections. b. That the sign will not cover or blanket any prominent view of a structure or façade of historical or architectural significance. c. That the sign will not obstruct views of users of adjacent buildings to side yards, yards, or to nearby open space. This requirement does not include views of distant vistas. d. That the sign will not negatively impact the visual quality of a public open space such as a recreation facility, square, plaza, courtyard and the like. e. That the height of the sign is compatible with the heights of buildings in the immediate area of three hundred feet (300’) radius from sign. Where the view of the sign is obstructed by a building or buildings on the same or adjacent properties, or where the view to the business or businesses located on the same or adjacent properties would be obstructed by the placement of the sign, the height of the sign may not exceed the height of the building on the same or adjacent property by more than twelve feet (12’). For safety reasons the minimum clearance of a sign shall never be less than eight feet (8’). Height of signs located in undeveloped areas; an area where no buildings are within three hundred feet (300’) shall not exceed twenty-two feet (22’) above grade. 6/2/05 15 Chapter 3 Article D. SIGN REQUIREMENTS f. That the sign’s lighting will not cause hazardous or unsafe driving conditions for motorists and will not glare, reflect, or spill onto adjacent business or residential area. H. Reader boards: 1. Automatic a. Animation and/or automatic reader boards are prohibited on all signs in Residential, L-O, C-N, C-C, O-T, TN-C, and TN-R districts. b. In C-G, I-L and I-H districts, animation is allowed for a maximum of thirty percent (30%) of the sign background area. c. Public middle school and high schools shall be allowed one (1) on- premise animated sign where the animation is a maximum of thirty percent (30%) of the sign background area, regardless of the zone in which the school is located. The Director may approve an alternative off- premise location where it provides better information to the community. In no case shall more than one (1) animated sign be allowed. d. Direct light sources shall not exceed forty (40) watts or sixty (60) milliamps. No part of the sign structure shall physically move. No part of the sign shall flash or strobe. Flashing and/or animated signs are prohibited within one hundred feet (100’) of any residential district. e. All animated signs that are visible from a public street shall be programmed as follows: i. Text messages that are longer than the display area and do not contain any graphics shall scroll in a consistent and predictable manner. ii. In all other displays, including but not limited to graphics, letters and/or numbers, each display shall remain unchanged for a minimum of five (5) seconds, including unchanged color and brightness. 2. Manual reader boards are allowed for a maximum of fifty percent (50%) of the sign background area. I. Subdivision Identification Signs: In addition to the provisions of Tables 11- 3D-1 through 11-3D-9, the following standards shall apply to all subdivision identification signs: 1. Within the R2, R4, R8, and TN-R Districts: 6/2/05 16 Chapter 3 Article D. SIGN REQUIREMENTS a. Two (2) subdivision identification signs are allowed per entrance only if the subdivision entrances are a minimum of 1,320 feet apart and signs are on different sides of the entrance. b. If the subdivision entrances are less than 1,320 feet apart, as measured from centerline to centerline, then only one (1) subdivision identification sign is allowed per entrance. c. Subdivision identification signs located within medians shall be a minimum of 20 feet back from the right-of-way line of the perpendicular street. 2. Where a center sign is on the same street frontage as the subdivision identification sign, the background area of the existing center sign shall be subtracted from the allowable background area for the subdivision identification sign. 3. Subdivision identification signs shall only identify the subdivision or development name. Such signs shall not identify any businesses, tenant, or developer names. 11-3D-9: PLANNED SIGN PROGRAM: In addition to the provisions of Tables 11-3D-1 through 11-3D-9, the following standards shall apply to all signs within a planned sign program: A. Purpose: The purpose of a planned sign program is to establish consistent sign criteria tailored to multibuilding and/or multitenant developments. The intent is to provide for flexible sign criteria that promotes superior design through architectural integration of the site, buildings and signs. If approved, a planned sign program may allow for increases to the background area, height, and other standards for wall signs. B. Applicability: 1. All developments in commercial, office or industrial districts comprising more than one (1) principal building on a property shall apply for a planned sign program. 2. All developments in commercial, office or industrial districts with more than one (1) tenant per building and proposing more than one wall sign per elevation shall apply for a planned sign program. 3. Existing developments that do not have a planned sign program shall be required to apply for a planned sign program when the first tenant in the project requests a change of sign background area as defined in this Article. Thereafter, all subsequent changes of sign face in the project shall be required to conform to the approved planned sign program. 6/2/05 17 Chapter 3 Article D. SIGN REQUIREMENTS 4. Planned sign programs may not be used by individual buildings or developments to increase the size, dimensional, or other standards of the district. C. Process: 1. The planned sign program shall be filed with the Director and shall specify standards for consistency among all signs within the development. 2. The approval of a planned sign program shall be required prior to issuance of a building permit. 3. The installation of any sign may occur only after a planned sign program has been submitted, reviewed and approved by the Director. 4. Thereafter, a sign that conforms to the approved planned sign program may be permitted by the Director. 5. Approval of a planned sign program does not waive the permit requirements for individual signs. In cases of existing sites that have no approved planned sign program, all signs shall be regulated in conformance with all other sections of this Title until such time as a planned sign program is submitted, reviewed and approved. D. Standards: 1. Signs shall incorporate materials, colors and a design motif that is compatible with and complements the architectural theme and style of the building or complex for which the sign identifies. Sign designs shall reflect a common theme and incorporate similar design elements in terms of materials, letter style, illumination, sign type and sign shape. 2. One (1) primary freestanding sign, hereinafter referred to as center sign, shall be allowed per the subject area of the planned sign program unless otherwise restricted by Section 11-3D-8I, Subdivision Identification Signs. One additional center sign shall be allowed per one thousand feet (1,000’) of street frontage or any portion thereof. The one-thousand feet (1,000’) shall be cumulative for corner lots. For example, a corner lot with four hundred feet (400’) of frontage on one street and five hundred feet (500’) of frontage on a second street shall only be allowed one (1) enter sign because the combined total street frontage is less than one thousand feet (1,000’). a. In addition to the center sign, one (1) secondary freestanding sign for each building within the development is permitted, with size and background area in accord with Tables 11-3D-1 through 11-3D-9, provided that no sign exceeds a height of ten feet (10’) and background area of seventy (70) square feet. 6/2/05 18 Chapter 3 Article D. SIGN REQUIREMENTS b. Where there is a subdivision identification sign on the same street frontage as the center sign, the background area of the subdivision identification sign shall be subtracted from the allowable background area for the center sign. 3. Wall signs are permitted in any number, location, or orientation, except toward an adjoining residential property, provided that the total square footage does not exceed eighteen percent (18%) of the wall face upon which the sign is placed, or nine percent (9%) of the wall if combined with a freestanding sign on the same lot. 4. Sign height and placement shall be consistent throughout the development site. 5. After approval of a planned sign program, no signs shall be constructed except in conformance with such plan. Upon approval, the sign program shall apply to all existing and future tenants. This planned sign program shall be included in the lease for each individual tenant. Proof of said inclusions shall be submitted to the Planning Department by the property owner. 11-3D-10: SIGN STANDARDS BY DISTRICT: A. Signs shall conform to the dimension, location, and other standards specified in Tables 11-3D-1 through 11-3D-9. B. Allowable sign size exchange for corner property in all districts: In all districts, land abutting more than one public street shall be allowed its quota of signs on each street and up to twenty percent (20%) of the permitted sign size quota on any street may be deducted there from and added to the second street frontage. C. I-84 sign overlay: There shall be an I-84 Sign Overlay located within an area three hundred feet (300’) from and parallel to the right-of-way line of I-84 on both the north and south sides of the interstate. Freestanding signs and wall signs within the I-84 sign overlay shall comply with the following standards: 1. Wall signs: See Table 11-3D-7 for specific standards. Only one (1) wall sign oriented to I-84 shall be allowed per business, or per tenant in a building that is occupied by two or more tenants. However, not more than two (2) freeway-oriented wall signs shall be allowed on any single building or structure. 2. Maximum freestanding sign height: A freestanding sign located within the I-84 sign overlay shall not exceed forty (40) feet in height. 3. Maximum background area: A freestanding sign located within the I-84 sign overlay shall be one (1) square foot of sign area per linear foot of 6/2/05 19 Chapter 3 Article D. SIGN REQUIREMENTS freeway frontage up to a maximum of on-hundred fifty (150) square feet for single building signs and three hundred (300) square feet for center signs. 4. Spacing: The minimum distance between freestanding signs within the I- 84 sign overlay is five hundred feet (500’). 5. Subdivision identification signs oriented to the freeway are permitted within the I-84 sign overlay, but the sign support shall be designed with a foundation, pedestal or other non-pole design structure and be compatible with the residential subdivision. D. Freeway interchange sign overlay: A Freeway Interchange sign overlay shall be established by this Article. Figures 10 through 12 graphically depict the overlay boundaries. The intent of this overlay is to allow businesses located near an I-84 interchange the option of increased sign visibility and height. Freestanding signs and wall signs within the Freeway Interchange Sign Overlay shall comply with the following standards: 1. Wall Signs: All wall signs on buildings with I-84 frontage shall comply with the standards set forth in Section 11-3D-9.C.1. All other wall signs shall comply with the standards set forth in Section 11-3D-8E. 2. Maximum Freestanding Sign Height: A freestanding sign located within the Freeway Interchange Sign Overlay shall not exceed forty feet (40’) in height. 3. Maximum Background Area: A freestanding sign located within the Freeway Interchange Sign Overlay shall be allowed a sign background area no greater than one hundred twenty (120) square feet for a single building and three hundred (300) square feet for a center sign. 4. Location: All freestanding signs using the increased sign height allowed by the overlay shall be entirely located within the freeway interchange sign overlay boundaries. If only a portion of a property falls within the overlay boundary, the sign shall be located within said portion in compliance with all other setback requirements of this Title. If the sign cannot comply with other setback requirements, the sign shall meet the sign standards for the base district. 5. Spacing: The minimum distance between freestanding signs within the freeway interchange sign overlay is forty (40’) feet. 6/2/05 20 Chapter 3 Article D. SIGN REQUIREMENTS TABLE 11-3D-1 STANDARDS IN THE R-2, R-4, R-8 AND TN-R DISTRICTS SIGN TYPE MAXIMUM BACKGROUND AREA MAX. HEIGHT LOCATION/ SETBACK ILLUMINATION NUMBER ALLOWED PROJECTION CLEARANCE (ABOVE R-O-W) PERMIT REQUIRED Rent, Lease & Sale Signs 6 sq. ft. 6 ft. 5 ft. from property line (or greater) None 1 per lot -- -- y 8 sq. ft. No higher than eave Attached flat on building, or on an awning Home None 1 per lot None -- N Occupations Wall & Window Signs Freestanding CUP required (Maximum 16 sq. ft. in any zone) Y Construction 32 sq. ft. per sign 6 ft. 5 ft. from property line (or greater) None Max. 3 signs per lot -- -- N Subdivision Identification . 50 sq. ft. 6 ft. 5 ft. from any property line. Positioned at the subdivision entrance Indirect or Internal 2 per each entrance to the subdivision1,2 -- -- Y All Other Signs Prohibited 1 Two (2) subdivision identification signs are allowed per entrance only if the subdivision entrances are a minimum of 1,320 feet apart and signs are on different sides of the entrance. If the subdivision entrances are less than 1,320 feet apart, as measured from centerline to centerline, then only one (1) subdivision identification sign is allowed per 6/2/05 21 Chapter 3 Article D. SIGN REQUIREMENTS TABLES11-3C-2 STANDARDS IN THE R-15 AND R-40 DISTRICTS SIGN TYPE MAXIMUM BACKGROUND AREA MAX. HEIGHT LOCATION /SETBACK ILLUMINATION NUMBER ALLOWED PROJECTION CLEARANCE (ABOVE R-O-W) PERMIT REQUIRED Rent, Lease & Sale Signs 32 sq. ft. 6 ft. 5 ft. from property line (or greater) None 1 per lot -- -- N 8 sq. ft. No higher than eave Attached flat on building Home Occupations None 1 per lot None -- N Wall & Window Signs B. Freestanding Prohibited Construction 32 sq. ft. per sign 6 ft. 5 ft. from property line (or greater) None Max. three signs per site -- -- N Subdivision Identification 32 sq. ft. 6 ft. 5 ft. from any property line. Positioned at the subdivision entrance Indirect or Internal 1 at each entrance to the complex or subdivision -- -- Y All Other Signs Prohibited 6/2/05 22 Chapter 3 Article D. SIGN REQUIREMENTS TABLE 11-3C-3 STANDARDS IN THE L-O, O-T. AND TN-C DISTRICTS SIGN TYPE MAXIMUM BACKGROUND AREA MAX. HEIGHT LOCATION/ SETBACK ILLUMINATION NUMBER ALLOWED PROJECTION CLEARANCE (ABOVE R-O-W) PERMIT REQUIRED Freestanding (Single bldg.) 1 sq. ft. per three lineal ft. of street frontage. Max. 50 sq. ft. 8 ft. 5 ft. from any property line Direct, Indirect, Internal 1 per street frontage -- -- tY Center Signs2 See Section 11- 3D-9 1 sq. ft. per three lineal ft. of street frontage. Max. 80 sq. ft. 15 ft. 5 ft. from any property line Direct, Indirect, Internal 1 per 1000 lineal feet of street frontage -- -- Y Wall Signs1 18% of wall area Max. 75 sq. ft. Not to project above the wall See Section 11- 3D-8D Indirect, Internal See Section 11-3D-8D 18 inches from wall. 8 ft. Y Canopy Signs 50% of canopy face 6/2/05 23 Chapter 3 Article D. SIGN REQUIREMENTS TABLE 11-3C-4 STANDARDS IN THE C-N AND C-C DISTRICTS SIGN TYPE MAXIMUM BACKGROUND AREA MAX. HEIGHT LOCATION/ SETBACK ILLUMINATION NUMBER ALLOWED PROJECTION CLEARANCE (ABOVE R-O-W) PERMIT REQUIRED Freestanding (Single bldg.) 1 sq. ft. per lineal ft. of frontage. Max. 70 sq. ft. 15 ft. 1 ft. from front property line; 5 ft. from side Direct, Indirect, Internal 1 per street frontage -- -- Y Center Signs2 (See Section 11- 3D-9E) 1 sq. ft. per lineal ft. Max.150 sq. ft. 20 ft. 1 ft. from front property line; 5 ft. from side Direct, Indirect, Internal 1 per 1,000 lineal feet of street frontage -- -- Y Wall Signs1 18% of wall area. Not to project Above wall See Section 11- 3D-8D Indirect, Internal See Section 11-3D-8D Max. 18 inches from wall 8 ft. Y 6/2/05 24 Chapter 3 Article D. SIGN REQUIREMENTS TABLE 11-3C-5 STANDARDS IN THE C-G DISTRICTS SIGN TYPE MAXIMUM BACKGROUND AREA MAX. HEIGHT LOCATION/ SETBACK ILLUMINATION NUMBER ALLOWED PROJECTION CLEARANCE (ABOVE R-O-W) PERMIT REQUIRED Freestanding (Single bldg.) 1 sq. ft. per lineal ft. of frontage. Max. 80 sq. ft. 20 ft. 1 ft. from front property line; 5 ft. from side Direct, Indirect, Internal 1 per street frontage -- -- Y Center Signs2 (See Section 11- 3D-9E) 200 sq. ft. 35 ft. 1 ft. from front property line; 5 ft. from side Direct, Indirect, Internal 1 per 1,000 lineal feet of street frontage -- -- Y Wall Signs1 18% of wall area. Not to project above the wall face See Section 11- 3D-8D Indirect, Internal See Section 11-3D-8D Max. 18 inches from wall Min. 12 ft. Y Canopy Signs 50% of canopy face Not to extend above top of canopy -- Indirect, 6/2/05 25 Chapter 3 Article D. SIGN REQUIREMENTS TABLE 11-3C-6 STANDARDS IN THE I-L AND I-H DISTRICTS SIGN TYPE MAXIMUM BACKGROUND AREA MAX. HEIGHT LOCATION/ SETBACK ILLUMINATION NUMBER ALLOWED PROJECTION CLEARANCE (ABOVE R-O-W) PERMIT REQUIRED Freestanding (Single bldg.) 1 sq. ft. per lineal ft. of frontage. Max. 70 sq. ft. 15 ft. 1 ft. from front property line; 5 ft. from side Direct, Indirect, Internal 1 per street frontage -- -- Y Center Signs2 (See Section 11- 3D-9E) 150 sq. ft. 25 ft. 1 ft. from front property line; 5 ft. from side Direct, Indirect, Internal 1 per 1,000 lineal feet of street frontage -- -- Y Wall Signs1 18% of wall area Not to extend above roof line See Section 11- 3D-8D Indirect, Internal See Section 11-3D-8D Max. 18 inches from wall Min. 12 ft. Y Canopy Signs 50% of canopy face 6/2/05 26 Chapter 3 Article D. SIGN REQUIREMENTS TABLE 11-3C-7 STANDARDS IN THE I-84 SIGN OVERLAY SIGN TYPE MAXIMUM BACKGROUND AREA MAX. HEIGHT LOCATION/ SETBACK ILLUMINATION NUMBER ALLOWED PROJECTION CLEARANCE (ABOVE R-O-W) PERMIT REQUIRED Freestanding (Single bldg.) 1 sq. ft. per lineal ft. of frontage. Max. 150 sq. ft. 40 ft. 25% of freeway frontage taken from side lot line Direct, Indirect, Internal 1 per freeway orientation -- -- Y Center Signs2 (See Section 11-3- 9E) 300 sq. ft. 60 ft. 1 ft. from front property line; 5 ft. from side Direct, Indirect, Internal 1 per 1,000 lineal feet of street frontage -- -- Y Wall Signs 18% of wall area Not to project above the wall face See Section 11- 3D-8D Indirect, Internal See Section 11-3D-8D Max. 18 inches from wall Min. 12 ft. Y Subdivision Identification2 300 sq. ft Max. building height of district 5 ft. from 6/2/05 27 Chapter 3 Article D. SIGN REQUIREMENTS TABLE 11-3C-8 STANDARDS IN THE FREEWAY INTERCHANGE SIGN OVERLAY SIGN TYPE MAXIMUM BACKGROUND AREA MAX. HEIGHT LOCATION/ SETBACK ILLUMINATION NUMBER ALLOWED PROJECTION CLEARANCE (ABOVE R-O-W) PERMIT REQUIRED Freeway Interchange Sign Overlay Freestanding (Single bldg.) Max. 120 sq. ft. 40 ft. 1 ft. from front property line; 5 ft. from side Direct, Indirect, Internal 1 per buildable lot -- -- Y Center Signs (See Secton 11- 3D-9E) Max. 300 sq. ft. 40 ft. 1 ft. from front property line; 5 ft. from side Direct, Indirect, Internal 1 per 1,000 lineal feet of street frontage -- -- Y Wall Signs 18% of wall area Not to project above the wall face See Section 11- 3D-8D Indirect, Internal See Section 11-3D-8D Max. 18 inches from wall Min. 12 ft. Y property line Indirect, Internal 1 per entrance -- -- Y 1When combination of wall & freestanding signs are used, total area for wall signs shall be reduced by 50% if all signage is oriented to same frontage. 2 See Sections 11-3D-8I and 11-3D-9D2b for allowable background area where a subdivision identification sign and center sign are on the same street frontage. 6/2/05 1 Chapter 3 Article D. SIGN REQUIREMENTS FIGURE 10: I-84 FREEWAY SIGN OVERLAY 6/2/05 2 Chapter 3 Article D. SIGN REQUIREMENTS FIGURE 11: I-84/MERIDIAN ROAD INTERCHANGE SIGN OVERLAY 6/2/05 3 Chapter 3 Article D. SIGN REQUIREMENTS FIGURE 12: I-84/EAGLE ROAD INTERCHANGE SIGN OVERLAY Not to extend above top of canopy -- Indirect, Internal 2 per street frontage No projection -- Y Under Canopy Length not to exceed 75% of canopy width 8 ft. min. clearance -- Internal only 1 per business -- Min. 8 ft. Y Awning Signs Regulated as Wall Signs Rent, Lease & Sale Signs 64 sq. ft. 10 ft. 5’ from property line None 1 per street frontage -- -- N Construction 32 sq. ft. per sign 12 ft. 5’ from property line None Max. 3 signs per lot -- -- N Subdivision Identification2 150 sq. ft Max. building height of district 5 ft. from property line Indirect, Internal 1 per entrance -- -- Y 1When combination of wall & freestanding signs are used, total area for wall signs shall be reduced by 50% if all signage is oriented to same frontage. 2 See Sections 11-3D-8I and 11-3D-9D2b for allowable background area where a subdivision identification sign and center sign are on the same street frontage. 6/2/05 1 Chapter 3 Article E. TEMPORARY USE REQUIREMENTS CHAPTER 3 REGULATIONS APPLYING TO ALL DISTRICTS ARTICLE E. TEMPORARY USE REQUIREMENTS ARTICLE E. SECTIONS: 11-3E-1: PURPOSE 11-3E-2: APPLICABILITY 11-3E-3: PROCESS 11-3E-4: GENERAL STANDARDS 11-3E-5: STANDARDS FOR FIREWORKS STANDS 11-3E-6: STANDARDS FOR SUBDIVISION MODEL HOME/REAL ESTATE SALES OFFICES 11-3E-7: STANDARDS FOR CONSTRUCTION SITES 11-3E-8: STANDARDS FOR SEASONAL SALE OF AGRICULTURAL AND FOOD PRODUCTS 11-3E-9: STANDARDS FOR ARTS, ENTERTAINMENT OR RECREATION EVENTS 11-3E-10: STANDARDS FOR VENDORS NOT ASSOCIATED WITH AN ARTS, ENTERTAINMENT OR RECREATION EVENT 11-3E-11: STANDARDS FOR PROMOTIONAL ACTIVITIES IN THE NONRESIDENTIAL DISTRICTS INVOLVING THE SALE OF GOODS AND MERCHANDISE WHERE IT IS ACCESSORY TO THE PRINCIPALLY PERMITTED USE. 11-3E-1: PURPOSE: The regulations of this Article are intended to allow for the temporary or seasonal uses that support community events and celebrations, or uses of a limited duration that are accessory to a primary use. 11-3E-2: APPLICABILITY: The regulations of this Article shall apply to all temporary uses in all districts with the exception that special events and seasonal activates that are conducted as part of an education facility shall be deemed accessory uses. 11-3E-3: PROCESS: The applicant shall obtain a Certificate of Zoning Compliance for any temporary use. 11-3E-4: GENERAL STANDARDS: A. Time period: 1. Except as otherwise defined in this section, a temporary use is allowed for a specified period not exceeding twelve (12) months from issuance of Certificate of Zoning Compliance. 2. For seasonal stands or events, the Certificate of Zoning Compliance shall specify a beginning and end date. B. Location: 6/2/05 2 Chapter 3 Article E. TEMPORARY USE REQUIREMENTS 1. Structures and/or the display of merchandise shall comply with the setback requirements of the district within which it is located. 2. Temporary structures and merchandise shall be displayed so as not to interfere with the clear vision triangle. In no case shall items be displayed, or business conducted within the public right-of-way, unless otherwise authorized by the Transportation Authority. C. Structures: 1. A maximum of one (1) structure shall be allowed and may cover a maximum of five hundred (500) square feet. 2. The use shall not result in the construction of any permanent structures that would not otherwise be permitted subject to the regulations of this Title. 3. Any temporary structures shall be portable and completely removed at the end of the allowed time period. 4. The applicant shall obtain any necessary building permits. D. Caretaker unit: 1. One (1) caretaker unit in a trailer or recreational vehicle may be allowed on the site only for the purposes of security and maintenance of the site. 2. The unit shall be completely removed at the end of the allowed time period. E. Parking and access: 1. Adequate off-street parking shall be provided to serve the use. 2. The use shall not displace the required off-street parking spaces or loading areas of the principal permitted uses on the site. 3. The entrance and exit drives shall be designed to prevent traffic hazards and nuisances. 4. All surfaces used for parking shall be constructed with paving, vegetative cover or of dustless material. F. Signs. All signs erected in association with the use shall be in compliance with the regulations for signs, Chapter 3, Article D sign requirements of the Meridian City Municipal Code. 6/2/05 3 Chapter 3 Article E. TEMPORARY USE REQUIREMENTS G. Noise: Compressors, fans, pumps, and other motorized equipment shall be located or shielded to reduce noise levels to adjoining properties. H. Site conditions: 1. The site shall be returned to a clean condition after the termination of the use, including free of debris and garbage. 2. Unsold food products, trees, greens, or debris generated by the use shall be properly disposed off the site. I. Unobstructed sidewalk: If a private sidewalk or pedestrian way in front of the building is used for the temporary use, a minimum width of four (4) feet shall remain unobstructed for pedestrian use. J. Conditions: The Director may require additional conditions to mitigate adverse effects on surrounding properties, particularly regarding traffic generated, compressor and pump noise, odor, light and glare, dust, and hours of operation. The conditions may include, but not be limited to, any or all of the following: 1. Standards related to the emission of noise, vibration, and other potentially objectionable impacts. 2. Limits on time of day for the conduct of the specified use, including deliveries and maintenance. 3. Other standards necessary to protect the public health, safety, and welfare and mitigate adverse effects on surrounding property. K. The use shall comply with any guidelines, regulations and permitting process required by any authorizing public agencies, including but not limited to, the Central District Health Department, Transportation Authority, and Meridian City Departments. 11-3E-5: STANDARDS FOR FIREWORKS STANDS: A. The use shall be prohibited in residential districts. B. The applicant or owner shall obtain written approval of the Meridian City Fire Department. C. Dates of fireworks sales shall comply with Idaho Code §39-2606. D. Applicant shall comply with the standards for access as determined by the Transportation Authority. 6/2/05 4 Chapter 3 Article E. TEMPORARY USE REQUIREMENTS E. Parking areas shall be paved, in vegetative cover, or improved with a dustless material. 11-3E-6: STANDARDS FOR SUBDIVISION MODEL HOME/REAL ESTATE SALES OFFICES: A. The sales office shall be located on a lot within a subdivision or planned unit development. B. The principal use of the sales office shall be the sale of lots and/or dwellings within the development. C. The sales office shall meet the construction standards for commercial occupancy and obtain all necessary permits as required by the Building Code in accord with Title 7 of the Meridian City Municipal Code. D. When required, the applicant or owner shall obtain a building permit to convert the sales office to a dwelling or shall remove the sales office within 30 days of the sale or rent of the final lot or space. 11-3E-7: STANDARDS FOR CONSTRUCTION SITES: A. New development shall contain construction debris on-site and prevent wind- blown debris from entering neighboring properties. B. Temporary buildings, construction trailers, equipment and materials may be permitted in any district during the period construction work is in progress. Such temporary facilities or equipment shall be removed within 60 days of completion of the construction work. 11-3E-8: STANDARDS FOR SEASONAL SALE OF AGRICULTURAL AND FOOD PRODUCTS: A. The provisions of this title shall apply to holiday tree lot, snow cone shack, pumpkin sale stand, produce stand, and similar uses as determined by the Director. B. The use shall be prohibited in residential districts. C. Such sales are limited to a period of time not to exceed two (2) consecutive months for pumpkin and Christmas tree sales, and four (4) consecutive months per calendar year for other uses. Christmas tree lots shall be removed by the 1st day of January. D. Applicant shall comply with the standards for access as determined by the Transportation Authority. 6/2/05 5 Chapter 3 Article E. TEMPORARY USE REQUIREMENTS E. Parking areas shall be paved, in vegetative cover, or improved with a dustless material. 11-3E-9: STANDARDS FOR ARTS, ENTERTAINMENT OR RECREATION EVENT: A. Events, such as festivals, carnivals, circuses, fairs, and amusement rides may be allowed in any nonresidential district for a period not to exceed two (2) weeks within any ninety- (90) day period. B. The Meridian City Police Department shall approve the location and access for any use in this category. C. Vendors shall obtain a City of Meridian Vendor License. 11-3E-10: STANDARDS FOR VENDORS NOT ASSOCIATED WITH AN ARTS, ENTERTAINMENT OR RECREATION EVENT: A. The applicant shall provide notarized consent of the property owner. B. The use shall be prohibited in Residential Districts. C. Vendor shall obtain City of Meridian Vendor License. D. No caretaker unit shall be allowed. E. Signs shall only be allowed on the vending units and shall not exceed sixteen (16) square feet in area. F. No direct sales to customers in vehicles shall be allowed. The design and placement of the units shall prohibit such sales. (Vendors with drive-up windows must be in a structure and shall be processed as a conditional use in accord with Chapter 5 administration of this Title.) G. The 12-month approval period shall be evaluated at the time of the annual license renewal. 1. If Planning staff and/or the Code Enforcement Officers have unresolved, compelling complaints regarding the vendor, a new temporary use shall be required. Otherwise the twelve-(12) month approval period shall be extended. 2. As complaints are received, the Director will determine if the complaint represents a compelling health and/or safety issue. Any compelling complaints will be forwarded to the Code Enforcement Officer for resolution in accord with the enforcement provisions of the Meridian City Code Section 6-1-6. 6/2/05 6 Chapter 3 Article E. TEMPORARY USE REQUIREMENTS 11-3E-11: STANDARDS FOR PROMOTIONAL ACTIVITIES IN THE NONRESIDENTIAL DISTRICTS INVOLVING THE SALE OF GOODS AND MERCHANDISE WHERE IT IS ACCESSORY TO THE PRINCIPALLY PERMITTED USE: A. The applicant shall provide notarized consent of the property owner. B. The use shall be prohibited in residential districts. C. Activities may be conducted outside for a period of not more than two (2) weeks. D. Applicant may request renewal twice during any calendar year, for a maximum of six (6) weeks per calendar year. 6/2/05 1 Chapter 3 Article F. PRIVATE STREET REQUIREMENTS CHAPTER 3 REGULATIONS APPLYING TO ALL DISTRICTS ARTICLE F. PRIVATE STREET REQUIREMENTS ARTICLE F. SECTIONS: 11-3F-1: PURPOSE 11-3F-2: APPLICABILITY 11-3F-3: PROCESS 11-3F-4: STANDARDS 11-3F-5: REQUIRED FINDINGS 11-3F-1: PURPOSE: The regulations of this Article are intended to provide better circulation and safety within commercial, industrial, and multifamily developments by establishing a clear emergency vehicle travel lane and private street name addressing for properties that do not have internal public roads. It is not the intent to approve private streets for single-family, duplex and/or townhouse developments. The applicability may be extended where the Director determines that private streets will enhance the safety of the development. 11-3F-2: APPLICABILITY: The provisions of this section shall apply to any properties that do not have frontage on a public street or where frontage is not required. 11-3F-3: PROCESS: A. An application and fees, in accord with Chapter 5 administration of this Title, shall be submitted to the Director on forms provided by the Planning Department. B Upon tentative approval of the application by the Director subject to any applicable conditions of approval and the regulations of Chapter 5 administration of this Title, the applicant or owner shall have one (1) year to complete the following tasks: 1. Obtain approval from the Ada County Street Name Committee for a private street name(s); 2. Contact the Transportation Authority (ACHD) to install an approved street name sign that complies with the regulations of the Ada County Uniform Street Name Ordinance; 3. Create a perpetual ingress/egress easement or a single platted lot for the private street to all applicable properties; and 6/2/05 2 Chapter 3 Article F. PRIVATE STREET REQUIREMENTS 4. The applicant or owner shall provide documentation of a binding contract that establishes the party or parties responsible for the repair and maintenance of the private street, including regulations for the funding thereof. 5. Upon completion of the items noted above, the Director shall issue a letter stating that the private street has been approved. No building permit shall be issued for any structure using a private street for access to a public street until the private street has been approved. 11-3F-4: STANDARDS: All private streets shall be designed and constructed to the following standards. A. Design standards: 1. Easement: The private street shall be constructed on a perpetual ingress/egress easement or a single platted lot that provides access to all applicable properties. 2. Connection point: Where the point of connection of the private street is to a public street, the private street shall be approved by the Transportation Authority. 3. Emergency vehicle: The private street shall provide sufficient maneuvering area for emergency vehicles as determined and approved by the Meridian Fire Department. 4. Gates: Gates or other obstacles shall not be allowed. B. Construction standards: The private street shall be constructed in accord with the roadway and storm drainage standards of the Transportation Authority or as approved by the City of Meridian based on plans submitted by a certified engineer, and the following: 1. Street width: The private street shall be constructed within the easement and shall have a travel lane width of twenty-six (26) feet. 2. Sidewalks: A five-foot (5’) attached sidewalk or four-foot (4’) detached sidewalk shall be provided on one side of the street in commercial districts. This requirement may be waived if the applicant can demonstrate that an alternative pedestrian path exists. 3. Fire lanes: all drive aisles shall be posted as fire lanes with no parking allowed. In addition, if a curb exists next to the drive aisle, it shall be painted red. 6/2/05 3 Chapter 3 Article F. PRIVATE STREET REQUIREMENTS 4. Alternative compliance: Upon recommendation of the City Engineer, the Director may approve, or recommend approval of alternative design or construction standards when the applicant can demonstrate that the proposed overall design meets or exceeds the intent of the required standards of this Article and shall not be detrimental to the public health, safety, and welfare. 11-3F-5: REQUIRED FINDINGS: In order to approve the application, the Director shall find the following: A. The design of the private street meets the requirements of this Article; B. Granting approval of the private street would not cause damage, hazard, or nuisance, or other detriment to persons, property, or uses in the vicinity; and C. The use and location of the private street shall not conflict with the Comprehensive Plan and/or the regional transportation plan. 6/2/05 2 Chapter 3 Article G. COMMON OPEN SPACE AND SITE AMENITY REQUIREMENTS CHAPTER 3 REGULATIONS APPLYING TO ALL DISTRICTS ARTICLE G. COMMON OPEN SPACE AND SITE AMENITY REQUIREMENTS ARTICLE G. SECTIONS: 11-3G-1: PURPOSE 11-3G-2: APPLICABILITY 11-3G-3: STANDARDS 11-3G-1: PURPOSE: A. The regulations of this Article are intended to provide for common open space and site amenities in residential districts that improve the livability of residential neighborhoods, buffer the street edge, and protect natural amenities. B. The regulations are intended to establish minimum standards for common open space and site amenities, and requirements for the long-term maintenance of these areas. 11-3G-2: APPLICABILITY: The standards for common open space and site amenities shall apply to all new single-family, townhouse, two-family duplex, and multifamily developments of five (5) acres or more. 11-3G-3: STANDARDS: A. Open space and site amenity requirement: 1. The total land area of all common open space shall equal or exceed five percent (5%) of the gross land area of the development. 2. One (1) additional site amenity shall be required for each additional twenty (20) acres of development area. B. Qualified open space: The following may qualify to meet the common open space requirements: 1. Any open space that is active or passive in its intended use, and accessible by all residents of the development, including but not limited to: a. Open grassy area of at least fifty feet (50’) by one hundred feet (100’) in area; b. Community garden; c. Ponds or water features; or 6/2/05 3 Chapter 3 Article G. COMMON OPEN SPACE AND SITE AMENITY REQUIREMENTS d. Plaza 2. Additions to a public park or other public open space area. 3. The buffer area along collector streets may be included in required common open space for residential subdivisions. 4. A street buffer with a minimum of ten feet (10’) in width and street trees planted in accord with Section 11-3B-7 LANDSCAPE BUFFERS ALONG STREETS of this Title may count up to fifty percent (50%) of the requirement. 5. Parkways along local residential streets that meet all the following standards may count toward the common open space requirement: a. The parkway is a minimum of five feet (5’) in width from street curb to edge of sidewalk. b. The parkway is planted with street trees in accord with Section 11-3B- 7.C.8 and Section 11-3B-7.C.9 LANDSCAPE BUFFERS ALONG STREETS of this Title. c. Except for alley accessed dwelling units, the area for curb cuts to each residential lot or common driveway shall be excluded from the open space calculation. For purposes of this calculation, the curb cut area shall be a minimum area of thirty feet (30’) by the width of the parkway. 6. Parkways along collector and arterials that are a minimum of ten feet (10’) in width from street curb to sidewalk can be counted toward the open space requirement. 7. Stormwater detention facilities when designed in accord with Section 11- 3B-11 STORMWATER INTEGRATION of this Title. C. Qualified site amenities: Qualified site amenities shall include, but not be limited to, the following: 1. Quality of life amenities: a. Clubhouse; b. Fitness facilities; c. Enclosed bike storage; d. Public art; e. Picnic area; or 6/2/05 4 Chapter 3 Article G. COMMON OPEN SPACE AND SITE AMENITY REQUIREMENTS f. Additional five percent (5%) open space. 2. Recreation amenities a. Swimming pool; b. Children’s play structures; or c. Sports courts. 3. Pedestrian or bicycle circulation system amenities meeting the following requirements: a. The system is not required sidewalks adjacent to public right-of-way; b. The system connects to existing or planned pedestrian or bicycle routes outside the development, as designated in the Meridian Parks Department Pathway Plan; and c. The system is designed and constructed in accord with standards set forth by the Meridian Parks Commission. 4. Provision of transit stops, park-and-ride facilities or other multimodal facilities to encourage alternative automobile transportation. D. Location: 1. The common open spaces and site amenities shall be located on a common lot or an area with a common maintenance agreement. 2. Common open space shall be grouped contiguously with open space from adjacent developments whenever feasible. E. Required improvements and landscaping: 1. Common open space shall be suitably improved for its intended use, except that natural features such as wetlands, rock outcroppings, ponds, creeks, etc. may be left unimproved. 2. At a minimum, common open space areas shall include one (1) deciduous shade tree per eight thousand (8,000) square feet and lawn, either seed or sod. 6/2/05 5 Chapter 3 Article G. COMMON OPEN SPACE AND SITE AMENITY REQUIREMENTS F. Maintenance: 1. All common open space and site amenities shall be the responsibility of an owners association for the purpose of maintaining the common area and improvements thereon; or 2. Land designated as common open space may be conveyed to the City, where the Parks Department agrees to accept conveyance. Internal 2 per street frontage No projection -- Y Under Canopy Length not to Exceed 75% of Width 8 ft. minimum clearance -- Internal 1 per business -- Min. 8 ft. Y Awning Signs Regulated as Wall Signs Rent, Lease & Sale Signs 64 sq. ft. 10 ft. 5 ft. from property line None 1 per street frontage -- -- N Construction 32 sq. ft. per sign 12 ft. 5 ft. from property line None Max. 3 signs per lot -- -- N Subdivision Identification2 200 sq. ft Max. building height of district 5 ft. from property line Indirect, Internal 1 per entrance -- -- Y 1When combination of wall & freestanding signs are used, total area for wall signs shall be reduced by 50% if all signage is oriented to same frontage. 2 See Sections 11-3D-8I and 11-3D-9D2b for allowable background area where a subdivision identification sign and center sign are on the same street frontage. 6/2/05 1 Chapter 3 Article H. DEVELOPMENT ALONG FEDERAL AND STATE HIGHWAYS CHAPTER 3 REGULATIONS APPLYING TO ALL DISTRICTS ARTICLE H. DEVELOPMENT ALONG FEDERAL AND STATE HIGHWAYS ARTICLE H. SECTIONS: 11-3H-1: PURPOSE 11-3H-2: APPLICABILITY 11-3H-3: PROCESS 11-3H-4: STANDARDS 11-3H-5: REQUIRED FINDINGS 11-3H-1: PURPOSE: The regulations of this Article are intended to achieve three purposes: 1) limit access points to federal and state highways in order to maintain traffic flow and provide better circulation and safety within the community, 2) to preserve right-of-way for future highway expansions, and 3) design new residential development along federal and state highways to mitigate noise impacts associated with such roadways. 11-3H-2: APPLICABILITY: The following standards shall apply to all development along federal and state highways, including but not limited to State Highway 69, State Highway 55, State Highway 20-26, and Interstate 84. The following standards shall also apply to development along McDermott Road from Chinden Boulevard to Interstate 84 as the City of Meridian’s preferred location for a future highway right-of-way for the State Highway 16 extension. If the Idaho Transportation Department (ITD) determines an alternate location for the State Highway 16 extension, these standards shall apply to the ITD determined location. 11-3H-3: PROCESS: Staff shall review all development applications for compliance with these standards. The decision making body may consider and apply modifications to the standards of this section upon specific recommendation of the Idaho Transportation Department. 11-3H-4: STANDARDS: A. Access to I-84 and McDermott Road: no access shall be allowed except at specific interchange locations as established by the Idaho Transportation Department. B. Access to State Highway 69, State Highway 55, and State Highway 20-26: 1. Use of existing approaches shall be allowed to continue provided that all of the following conditions are met: a. The existing use is lawful and properly permitted effective XX [insert date of the adoption] 6/2/05 2 Chapter 3 Article H. DEVELOPMENT ALONG FEDERAL AND STATE HIGHWAYS b. The nature of the use does not change (for example a residential use to a commercial use). c. The intensity of the use does not increase (for example an increase in the number of residential dwelling units or an increase in the square footage of commercial space). 2. If an applicant proposes a change or increase in intensity of use, the owner shall develop or otherwise acquire access to a street other than the state highway. The use of the existing approach shall cease and the approach shall be abandoned and removed. a. No new approaches directly accessing a state highway shall be allowed. b. Public street connections to the state highway shall only be allowed at: i. the section line road; ii. the half-mile mark between section line roads; and iii. the quarter-mile mark between section line roads where the applicant has agreed to dedicate and construct sufficient area for an acceleration and deceleration lane. 3. The applicant shall construct a collector street to provide future connectivity and access to all properties fronting the state highway that lie between the applicant’s property and the nearest section line road and/or half mile collector road. a. The applicant shall be responsible to construct the segment of the collector road within the applicant’s property. This standard is not intended to require off-site improvements. b. The collector street shall meet the collector road standards of the Ada County Highway District. c. The street shall connect to the section line road at a distance that is no closer than 660 (as measured from center line to center line) from the intersection with the state highway. d. The collector street shall provide buildable lots between the highway and the collector road. For the purposes of this Article, such streets shall be termed backage roads. Frontage streets or private streets may be considered by the Council at the time of property annexation or through the conditional use process. C. Design and construction standards for state highways: 6/2/05 3 Chapter 3 Article H. DEVELOPMENT ALONG FEDERAL AND STATE HIGHWAYS 1. The applicant shall have an approved permit from the Idaho Transportation Department for construction of any access to the state highway and/or any construction done in the highway right of way. 2. The width of right-of-way reservations shall be as set forth below or as required by the ITD (whichever setback is greater). All future right-of-ways widths shall be measured from the existing center line of the highway. a. State Highway 20-26. The applicant shall reserve or dedicate eighty-five feet (85’) for future highway right of way. As the state highway nears intersections of section line roads or half mile section line collector roads, the applicant shall reserve or dedicate an additional fifteen feet (15’), for a total of one hundred feet (100’), for a distance of five hundred (500’) measured from the centerline of the section line road and/or half mile section line collector road. b. State Highway 69 and State Highway 55. As the state highway nears intersections of section line roads or half mile section line collector roads, the applicant shall reserve or dedicate one hundred feet (100’), for a distance of five hundred (500’) measured from the centerline of the section line road and/or half mile section line collector road. 3. Along State Highway 55, the applicant shall be responsible for constructing a ten-foot (10’) multiuse pathway and installing streetlights and landscaping consistent with the Eagle Road Corridor Study. 4. Along State Highway 69 and State Highway 20/26, the applicant shall construct a minimum ten-foot (10’) wide asphalt multi-use pathway outside the public right-of-way and approximately parallel to the state highway. The pathway shall meet City of Meridian design and construction requirements for a multi-use pathway. Portions of the pathway may be constructed within the right-of-way with a license agreement from ITD. D. Noise abatement for residential uses along federal and state highways: 1. The applicant shall provide traffic noise abatement by constructing a berm or a berm and wall combination approximately parallel to the federal or state highway. 2. The top of the berm or berm and wall in combination shall be a minimum of ten feet (10’) higher than the elevation at the centerline of the federal or state highway. 3. If a wall is proposed, the wall shall meet the following standards: a. Wall materials shall be impervious concrete or stucco, unless otherwise approved by the Idaho Transportation Department as a sound attenuating material. 6/2/05 4 Chapter 3 Article H. DEVELOPMENT ALONG FEDERAL AND STATE HIGHWAYS b. Intermittent breaks in the berm or berm and wall in combination will degrade the function and shall not be allowed. c. The applicant shall not construct a monotonous wall. In order to achieve this standard, the applicant may choose one or both of the following variations: i. The color and/or texture of the wall shall be varied every 300 linear feet. This could include murals or artwork. ii. The wall shall be staggered every 300 linear feet subject to Section 11-3H-4D4 above that prohibits breaks in the wall. iii. The applicant may provide an alternative that meets or exceeds the intent of this standard through the landscape Alternative Compliance procedures set forth in Chapter 5 ADMINISTRATION of this Title. 4. The Director may approve alternative compliance as set forth in Chapter 5 ADMINISTRATION of this Title where the applicant has a substitute noise abatement proposal that has been approved by the ITD. 6/2/05 1 Chapter 4 SPECIFIC USE STANDARDS CHAPTER 4 SPECIFIC USE STANDARDS SECTIONS: 11-4-1: PURPOSE 11-4-2: APPLICABILITY 11-4-3: SPECIFIC USE STANDARDS 11-4-1: PURPOSE: This Chapter provides specific standards for all uses as set forth within the applicable district in accord with Chapter 2 DISTRICT REGULATIONS of this Title. 11-4-2: APPLICABILITY: These regulations apply to any property where the specific use is listed as a permitted, accessory, or conditional use in the Table of Allowed Uses by District in accord with Chapter 2 DISTRICT REGULATIONS of this Title. 11-4-3: SPECIFIC USE STANDARDS: These standards are in addition to the requirements of Chapter 3 REGULATIONS APPLYING TO ALL DISTRICTS of this Title. 11–4-3.1: ANIMAL CARE FACILITY: A. All animals shall be indoors at all times. B. The facility owner and/or operator shall comply with all State and local regulations relative to such a facility and shall maintain housekeeping practices designed to prevent the creation of a nuisance and to reduce noise and odor to a minimum. 11-4-3.2: ARTS, ENTERTAINMENT OR RECREATION FACILITY, INDOORS AND OUTDOORS: A. General Standards 1. All structures or outdoor recreation areas shall maintain a minimum setback of one hundred feet (100’) from any abutting residential districts. The playing areas of golf courses, including golf tees, fairways, and greens, are an exception to this standard. 2. No outdoor event or activity center shall be located within fifty feet (50’) of any property line and shall operate only between the hours of 6 a.m. and 11 p.m. 3. Accessory uses include, but are not limited to: retail, equipment rental, restaurant and drinking establishments may be allowed if designed to serve patrons of the use only. 4. Outdoor speaker systems shall comply with the Section 11-3A-13 OUTDOOR SPEAKER SYSTEMS of this Title. 6/2/05 2 Chapter 4 SPECIFIC USE STANDARDS B. Additional Standards for swimming pool: Any outdoor swimming pool shall be completely enclosed within a 6-foot non-scalable fence that meets the requirements of the Building Code in accord with Title 10, Chapter 1, of the Meridian City Code. C. Additional standards for outdoor stage or musical venue: Any use with a capacity of one hundred (100) seats or more or within one thousand feet (1,000’) of a residence or a residential district shall be subject to approval of a conditional use permit. 11-4-3.3: ARTIST STUDIO: A. All production, fabrication and assembly of materials shall be conducted within a completely enclosed structure if adjoining a residence or a residential district. B. If in an industrial district, accessory retail sales shall be limited to a floor area not exceeding twenty-five percent (25%) of the total enclosed area of the use. Goods sold shall be only those produced on the site or complementary products. 11-4-3.4: BUILDING MATERIAL, GARDEN EQUIPMENT AND SUPPLIES: A. Outdoor storage areas for materials (excluding growing plants in-ground or in- containers), and mechanical equipment shall comply with Section 11-3A-12 outdoor service and equipment areas of this Title. B. Outdoor speaker systems shall comply with the Section 11-3A-13 outdoor speaker systems of this Title. 11-4-3.5: CEMETERY: Graves and monuments shall not be located within fifteen feet (15’) from any property line. 11-4-3.6: CHURCH OR PLACE OF RELIGIOUS WORSHIP: Schools, child day care services, meeting facilities for clubs and organizations, and other similar uses not operated primarily for the purpose of religious instruction, worship, government of the church, or the fellowship of its congregation may be permitted to the extent the activity is otherwise permitted in the district. 11-4-3.7: CIVIC, SOCIAL OR FRATERNAL ORGANIZATIONS: A. No outdoor event or activity center associated with the use shall be located within fifty feet (50’) of any property line. B. Accessory sales and or distribution of beer and wine shall be allowed. 11-4-3.8: CONTRACTOR’S YARD: A. All structures or outdoor storage areas shall be located a minimum of one hundred feet (100’) from any residential district. 6/2/05 3 Chapter 4 SPECIFIC USE STANDARDS B. Outdoor storage areas shall comply with Section 11-3A-14 outdoor storage of this Title. C. The site shall not be used as a junkyard or vehicle wrecking yard as herein defined. 11-4-3.9: DAY CARE FACILITY: A. General standards for all child day care and adult care uses, including the classifications of day care center; day care, family; and day care, group: 1. In determining the type of day care facility, the total number of children cared for during the day and not the number of children at the facility at one time, is the determining factor. The operator’s children are excluded from the number. 2. On-site vehicle pickup, parking and turnaround areas shall be provided to ensure safe discharge and pickup of clients. 3. The decision-making body shall specify the maximum number of allowable clients and hours of operation as conditions of approval. 4. The applicant or owner shall secure and maintain a Basic Day Care License from the State of Idaho Department of Health and Welfare—Family and Children’s Services Division. 5. Notwithstanding Section 11-5B-6 CONDITIONAL USES, a Conditional Use Permit issued for a day care facility shall terminate upon a change in owner of the day care facility. 6. In residential districts or uses adjoining an adjacent residence, the hours of operation shall be between 6:00 a.m. to 11:00 p.m. This standard may be modified through approval of a Conditional Use Permit. B. Additional standards for day care facilities that serve children: 1. All outdoor play areas shall be completely enclosed by minimum six-foot (6’) non-scalable fence to secure against exit/entry by small children and to screen abutting properties. The fencing material shall meet the swimming pool fence requirements of the Building Code in accord with Title 7 of the Meridian City Municipal Code. 2. Outdoor play equipment over six feet (6’) high shall not be located in a front yard or within any required yard. 3. Outdoor play areas in residential districts adjacent to an existing residence shall not be used after dusk. 6/2/05 4 Chapter 4 SPECIFIC USE STANDARDS 11-4-3.10: DRINKING ESTABLISHMENT: A. The facility shall comply with all Idaho Code regulations regarding the sale, manufacturing, or distribution of alcoholic beverages. B. The drinking establishment shall not be located within three hundred feet (300’) of a property used for a church or education service. Nor shall the drinking establishment be located within one thousand feet (1,000’) of an adult entertainment establishment. C. For properties abutting a residential district, no outside activity or event shall be allowed on the site, except in accord with Chapter 3 Article E. temporary use requirements of this Title. 11-4-3.11: DRIVE-THROUGH ESTABLISHMENT: A. A drive-through establishment shall be an accessory use where the location does not adjoin a residential district or an existing residence. Otherwise a Conditional Use Permit is required. B. All establishments providing drive-through service shall identify the stacking lane, menu and speaker location (if applicable), and window location on the certificate of zoning compliance or the Conditional Use Permit. C. A site plan shall be submitted that demonstrates safe pedestrian and vehicular access and circulation on the site and between adjacent properties. At a minimum the plan shall demonstrate compliance with the following standards: 1. Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of-way by patrons; 2. The stacking lane shall be a separate lane from the circulation lanes needed for access and parking; 3. The stacking lane shall not be located within ten feet (10’) of any residential district or existing residence; 4. Any stacking lane greater than one hundred feet (100’) in length shall provide for an escape lane. 5. A letter from the Transportation Authority indicating the site plan is in compliance with the authority’s standards and policies shall be required. D. The applicant shall provide a six-foot (6’) sight-obscuring fence where a stacking lane or window location adjoins a residential district or an existing residence. 6/2/05 5 Chapter 4 SPECIFIC USE STANDARDS 11-4-3.12: DWELLING UNIT, SECONDARY: A. One secondary dwelling unit is permitted on the same property in conjunction with and clearly subordinate to a single-family dwelling. B. Owner occupancy: To create and maintain a secondary dwelling unit, the property owner shall reside on the property for more than six (6) months in any twelve- (12) month period. The applicant for a secondary dwelling unit shall demonstrate that either the single-family dwelling or the secondary unit is occupied by the owner of the property. Owner occupancy is demonstrated by title records, vehicle registration, voter registration or other similar means. Secondary dwelling units shall not be subdivided or otherwise segregated in ownership from the single-family dwelling unit. C. Maximum size: Secondary dwelling units shall be limited to a maximum of seven hundred (700) square feet in size. D. Location: The secondary dwelling unit may be located within or attached to the primary dwelling as a detached structure; or above a detached structure, such as a garage. Detached secondary dwelling units shall be located to the side or rear of a primary dwelling. No portion of the secondary dwelling unit shall be located in front of the primary dwelling unit. E. Parking: At least one (1) parking space shall be provided on-site for the accessory dwelling unit in addition to the required parking for the existing residential unit. The conversion of a covered parking area (garage/carport) into a secondary dwelling unit is not allowed unless the required covered parking can be provided elsewhere on site. F. Entrance: Only one (1) entrance door of either the single-family dwelling or the secondary dwelling unit shall be located facing any one street. G. Design: The secondary unit shall be consistent in design with the single family dwelling, including roof pitch, siding, color, materials, and window treatments. H. Prohibitions: Manufactured and mobile homes, and recreation vehicles shall be prohibited for use as a secondary dwelling unit. I. Number of occupants: The total number of occupants in both the single-family dwelling and the secondary dwelling shall not exceed the maximum number established for a family, as defined in Chapter 1, Article A. definitions of this Title. 11-4-3.13: EDUCATION INSTITUTION: A. Accessory uses: Accessory uses including, but not limited to, day care facilities, special events, community services, social services, meeting facilities for clubs and organizations, and school administration may be allowed. 6/2/05 6 Chapter 4 SPECIFIC USE STANDARDS B. Location criteria for elementary schools: Elementary schools should be located within the center of neighborhoods with access encouraged from local streets. Elementary school locations adjacent to public parks or open space are encouraged. At least thirty percent (30%) of the perimeter of an elementary school site should be open to streets or open space areas. C. Location criteria for middle schools and high schools: Middle and high schools may take access off a designated arterial or collector street. D. Size: The desirable size for education institution should be as follows: Elementary: 61,000 to 71,000 square feet; Middle School: 120,000 to 130,000 square feet; and High School: 250,000 to 260,000 square feet. E. An education institution with less than one hundred and fifty (150) students or located within the TN-R District may be exempt from the requirements for open space, landscaping, parking and drop off areas. F. A Conditional Use Permit shall be required for any education institution in which any of the following circumstances exist: 1. The education institution is in excess of 250,000 square feet within a residential district; 2. The education institution includes lighted fields adjoining or within a residential district; 3. The education institution will generate in excess of 1,500 vehicular trips per day; 4. The education institution takes access from a collector or an arterial street and there is not a safe separate pedestrian and bikeway access between the neighborhood and the school site. G. Portable classrooms that are not indicated on an approved conditional use or certificate of zoning compliance shall require administrative approval. If the proposed use cannot meet all of the following specific use standards, the use shall require conditional use approval. 1. The portable classroom shall not be located in the front yard of the principal school structure. 2. The portable classroom shall not be located in any required yard. 3. The placement of the portable classroom shall not reduce the number of required off-street parking spaces. 4. The portable structures shall comply with Building Code in accord with Title 7 of the Meridian City Municipal Code. 6/2/05 7 Chapter 4 SPECIFIC USE STANDARDS H. Additional standards for education institution, private: The applicant shall provide written documentation that the facility meets the minimum site area guidelines as established by the Idaho State Department of Education. I. Additional standards for Vocational or Trade Schools: The applicant shall provide written documentation that the school will have a major curriculum relating to technological industrial research and processes. 11-4-3.14: EQUIPMENT RENTAL, SALES AND SERVICE: All repair activities (including, but not limited to, open pits and lifts) shall occur within an enclosed structure. 11-4-3.15: ENTERTAINMENT ESTABLISHMENT, ADULT: A. Separations. In recognition of Idaho Code, the following distance separations shall be required: 1. No adult entertainment establishment shall be allowed within one thousand feet (1,000) of the following: a. an existing adult entertainment establishment; b. a church or place of religious worship, c. any youth organization, school, or school bus stop, d. a park or public building. e. any residential district boundary. 2. The applicant shall provide evidence certified by a professional land surveyor licensed in the State of Idaho that the proposed adult entertainment establishment conforms to the separation requirements of this Subsection. B. Signs. 1. All adult entertainment establishments shall comply with the regulations of Chapter 4, Article I of this Title. Further, signs for adult entertainment establishments shall not contain any emphasis, either by movement, picture, or otherwise, on matter relating to adult entertainment as herein defined. 2. Any business providing adult entertainment or adult material shall have in place at each entrance to such business a legible door sign (as defined herein) stating “Persons under 18 years of age not permitted.” The sign shall be no less than 0.5 square feet and no greater than one (1) square foot in area. Such sign shall not require administrative approval in accord with Chapter 4, Article I, Signs. 6/2/05 8 Chapter 4 SPECIFIC USE STANDARDS C. The applicant shall obtain and/or maintain a license in accord with Title 3, Chapter 10 of the Meridian City Code. 11-4-3.16: FINANCIAL INSTITUTION: A. The location, access and safety features of all automated teller machines (ATM’s) shall be subject to review and approval by the Meridian Police Department, and in accord with the standards set forth in Sections 11-3A-11 of this Title. B. All ATMs shall be deemed an accessory use to a financial institution. 11-4-3.17: FLEX SPACE: Retail use shall not exceed twenty five percent (25%) of leasable area in any tenant space. 11-4-3.18: FOOD PRODUCTS PROCESSING: A. All structures, loading areas, outdoor activity areas, exclusive of parking shall be located a minimum of six hundred feet (600’) from any abutting residential districts. B. Food processing shall be located a minimum of one thousand feet (1,000’) from any hospital. C. The application materials shall include written documentation that the proposed facility meets any applicable federal, state, or local standards regarding such use including, but not limited to, those of the U. S. Environmental Protection Agency, the U. S. Department of Agriculture, Idaho Department of Environmental Quality (DEQ), Idaho Department of Agriculture, Idaho Department of Water Resources, and Central District Health Department. 11-4-3.19: FUEL SALES FACILITY AND FUEL SALES FACILITY, TRUCK STOP: A. General standards: 1. When allowed as an accessory use, gasoline or diesel fuel sales facilities shall not occupy more than twenty-five percent (25%) of the subject property. 2. The total height of any overhead canopy or weather protection device shall not exceed twenty feet (20’). 3. Vehicle stacking lanes shall be available on the property but outside the fueling areas. Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of-way by patrons. Such stacking lanes shall be separate from areas required for access and parking. The stacking lanes shall not be located within ten feet (10’) of any abutting residential districts. 6/2/05 9 Chapter 4 SPECIFIC USE STANDARDS 4. If the use is unattended, the standards in accord with Section 11-3A-11 of this Title shall also apply. B. Additional standards for fuel sales facility, truck stop: 1. The use shall be located on a principal arterial or near an interstate interchange. 2. The use shall be located a minimum of six hundred feet (600’) from any residential district and a minimum of one thousand feet (1,000’) from any hospital. 11-4-3.20: HOME OCCUPATION: The following standards apply to all home occupation uses with the exception that strict adherence to the standards contained in sections 11-4-3.20(2), 11-4-3.20(3) 11-4-3.20(5), and 11-4-3.20(6) in the TN-C and TN- R Districts is not required: A. In no way shall the home occupation cause the premises to differ from its residential character in the appearance, lighting, signs, or in the emission of noise, fumes, odors, vibrations, or electrical interference. B. The home occupation shall be conducted entirely in the dwelling, and not more than twenty-five percent (25%) of the gross floor area of said dwelling shall be used for a home occupation or for storing goods associated with the home occupation. Materials may be stored in an attached garage or storage area, provided it shall not reduce the required off-street parking below the standard established for that district. C. No activity connected to the home occupation or any storage of goods, materials, or products connected with a home occupation shall be allowed in any detached accessory structure. D. The home occupation shall not involve the use of more than one (1) commercial vehicle. E. The home occupation shall not have more than two (2) out-going pickups per day from a common carrier. F. The home occupation shall be conducted by the inhabitants of the dwelling, and no more than one (1) nonresident employee shall be permitted. G. The home occupation shall not serve as a headquarters or main office where employees come to the site and are dispatched to other locations. H. No retail sales shall be permitted from the dwelling except the sale of: a) services or items produced or fabricated on the premises as a result of the home occupation; or b) products related to the home occupation. 6/2/05 10 Chapter 4 SPECIFIC USE STANDARDS I. Off-street parking shall be provided as Section 11-3C-6 of this Title, in addition to the required off-street parking for the dwelling. J. All visits by clients, customers, and/or employees shall occur between the hours of 8:00 a.m. and 8:00 p.m. 11-4-3.21: HOSPITAL: A. If the hospital provides emergency care, the location shall have direct access on an arterial street. B. Accessory retail uses including but not limited to, retail shops, food or beverage service, and personal service shops, may be allowed if designed to serve patrons of the hospital and their visitors only. C. No hospital shall be located within one thousand feet (1,000’) of the following uses: explosive manufacturing or storage, flammable substance storage, foundry, freight and truck terminal, manufacture or processing of hazardous chemicals, power plant, food product storage and processing plant. 11-4-3.22: HOTEL OR MOTEL: A. Accessory uses including but not limited to restaurants, retail, drinking establishments, and personal services, may be allowed if such uses are completely within the hotel or motel structure. A drinking establishment shall require separate or concurrent approval subject to the regulations of Section 11- 4-3.10 of this Title. B. A Conditional Use Permit shall be required for any hotel or motel use that adjoins a residential district or an existing residence. 11-4-3.23: INDUSTRY, INFORMATION: A. The following adverse effects shall be mitigated through setbacks, buffers, sound attenuation and/or hours of operation: 1. Noise, odor, or vibrations; or direct or reflected glare detectable by the human senses without the aid of instruments. 2. Any other emission or radiation that endangers human health, results in damages to vegetation or property or which exceed health and safety standards. B. The application materials shall include written statement that the proposed facility meets any applicable federal, state, or local standards regarding such use, including but not limited to, those of the U.S. Environmental Protection Agency, the U. S. Department of Agriculture, Central District Health Department, Ada County Air Quality Board and Idaho Department of Water Resources. 6/2/05 11 Chapter 4 SPECIFIC USE STANDARDS 11-4-3.24: INDUSTRY, LIGHT AND HEAVY: A. All mechanical equipment emissions; shipping and/or delivery; or other outdoor activity areas shall be located a minimum of three hundred feet (300’) from any abutting residential districts, or the use is subject to a Conditional Use Permit. B. The application shall identify how the proposed use will address the impacts of noise and other emissions on adjoining residential districts. More specifically, the following adverse effects shall be mitigated through setbacks, buffers, sound attenuation and/or hours of operation: 1. Noise, odor, or vibrations; or direct or reflected glare detectable by the human senses without the aid of instruments. 2. Radioactivity and electric or electromagnetic disturbances that unduly interfere with the normal operation of equipment, instruments, or appliances on abutting properties. 3. Any other emission or radiation that endangers human health, results in damages to vegetation or property or which exceeds health and safety standards. 4. In the event that the Director determines that the applicant cannot adequately address such impacts, the use shall be subject to conditional use approval. C. Additional standards for industry, heavy: The use shall be located a minimum of one thousand feet (1,000’) from a hospital. D. The application materials shall include written statement that the proposed facility meets any applicable federal, state, or local standards regarding such use including, but not limited to those of the U.S. Environmental Protection Agency, the U. S. Department of Agriculture, Central District Health Department, the Ada County Air Quality Board and Idaho Department of Water Resources. 11-4-3.25: LAUNDROMAT: The hours of operation shall be limited to between 6:00 a.m. and 11:00 p.m. in the C-N and L-O Districts. If unattended, the use shall meet the requirements of section 11-3A-11 SELF-SERVICE USES. 11-4-3.26: MULTIFAMILY DEVELOPMENT: Multifamily developments with multiple properties shall be considered as one property for the purpose of implementing the standards set forth in this section. A. Purpose: 1. To create multifamily housing that is safe and convenient and that enhances the quality of life of its residents. 6/2/05 12 Chapter 4 SPECIFIC USE STANDARDS 2. To create quality buildings and designs for multifamily development that enhance the visual character of the community. 3. To create building and site design in multifamily development that is sensitive to and well integrated with the surrounding neighborhood. 4. To create open space areas that contribute to the aesthetics of the community, provide an attractive setting for buildings, and provide safe, interesting outdoor spaces for residents. B. Site design 1. Setbacks: Buildings shall provide a minimum setback of ten feet (10’) unless a greater setback is otherwise required by this Title. Building setbacks shall take into account windows, entrances, porches and patios, and how they impact adjacent properties 2. All on-site service areas, outdoor storage areas, waste storage, disposal facilities, and transformer and utility vaults shall be located in an area not visible from a public street, or shall be fully screened from view from a public street. 3. A minimum of eighty (80) square feet of private, usable open space shall be provided for each unit. This requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Landscaping, entryway and other access ways shall not count toward this requirement. 4. For the purposes of this Section, vehicular circulation areas, parking areas, and private useable open space shall not be considered common open space. 5. No recreational vehicles, snowmobiles, boats or other personal recreation vehicles shall be stored on the site unless provided for in a separate, designated and screened area. 6. The parking shall meet the requirements set forth in Chapter 3 REGULATIONS APPLYING TO ALL DISTRICTS of this Title. 7. Developments with twenty (20) units or more shall provide the following: a. A property management office. b. A maintenance storage area. c. A central mailbox location, including provisions for parcel mail, that provide safe pedestrian and/or vehicular access. d. A directory and map of the development at an entrance or convenient location for those entering the development. 6/2/05 13 Chapter 4 SPECIFIC USE STANDARDS C. Common open space design requirements: 1. A minimum area of outdoor common open space shall be provided as follows: a. One hundred fifty (150) square feet for each unit containing five hundred (500) or less square feet of living area. b. Two hundred fifty (250) square feet for each unit containing more that five hundred (500) square feet and up to one thousand two hundred (1,200) square feet of living area. c. Three hundred fifty (350) square feet for each unit containing more than one thousand two hundred (1,200) square feet of living area. 2. Common open space shall be not less than four hundred (400) square feet in area, and shall have a minimum length and width dimension of twenty feet (20’). 3. In phased developments, common open space shall be provided in each phase of the development consistent with the requirements for the size and number of dwelling units. 4. Common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a constructed barrier at least four feet (4’) in height. D. Site development amenities: 1. All multifamily developments shall provide for quality of life, open space and recreation amenities to meet the particular needs of the residents as follows: a. Quality of life i. Clubhouse ii. Fitness facilities iii. Enclosed bike storage iv. Public art such as a statue b. Open space i. Open grassy area of at least fifty (50) by one hundred (100) feet in size ii. Community garden iii. Ponds or water features 6/2/05 14 Chapter 4 SPECIFIC USE STANDARDS iv. Plaza c. Recreation i. Pool ii. Walking trails iii. Children’s play structures iv. Sports courts 2. The number of amenities shall depend on the size of multifamily development as follows: a. For multifamily developments with less than twenty (20) units, two (2) amenities shall be provided from two separate categories. b. For multifamily development between twenty (20) and seventy-five (75) units, three (3) amenities shall be provided, with one (1) from each category. c. For multifamily development with seventy-five (75) units or more, four (4) amenities shall be provided, with at least one (1) from each category. 3. The decision-making body shall be authorized to consider other improvements in addition to those provided under subsection D, provided that these improvements provide a similar level of amenity. E. Architectural character 1. All building elevations shall have a minimum portion of the elevation devoted to architectural features designed to provide articulation and variety. These features shall include, but are not limited to windows, bays and offsetting walls that extend at least two (2) feet; recessed entrances; and changes in material types. Changes in material types shall have a minimum dimension of two feet (2’) and minimum area of twenty-five (25) square feet. 2. Main entrances, which are the primary point(s) of entry where the majority of building users will enter and leave, shall be designed as an obvious entrance and focal point of the building through architectural treatment, lighting, and address identification. 3. Entrances shall be adequately covered, recessed, or treated with a permanent architectural feature in such a way that weather protection is provided. 4. Roof forms shall be distinctive and include variety and detail when viewed from the street. Sloped roofs shall have a significant pitch. Flat roofs should include distinctive cornice treatments. 6/2/05 15 Chapter 4 SPECIFIC USE STANDARDS 5. Exterior building materials and finishes shall convey an impression of permanence and durability. Materials such as masonry, stone, stucco, wood, terra cotta, and tile are encouraged. 6. Windows are required to allow views to exterior activity areas or vistas. Windows shall be provided on any building facing any common area used for children’s recreation. 7. All roof and wall-mounted mechanical, electrical, communications, and service equipment should be screened from public view from the adjacent public streets and properties by the use of parapets, walls, fences, enclosures, or by other suitable means. F. Landscaping requirements 1. Development shall meet the minimum landscaping requirements in accord with Chapter 3 REGULATIONS APPLYING TO ALL DISTRICTS of this Title. 2. All street-facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following minimum standards: a. The landscaped area shall be at least three (3) feet wide. b. For every three (3) lineal feet of foundation, an evergreen shrub having a minimum mature height of twenty-four (24) inches shall be planted. c. Groundcover plants shall be planted in the remainder of the landscaped area. G. All multifamily developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including but not limited to structures, parking, common areas, and other development features. 11-4-3.27: NURSERY OR URBAN FARM: A. Sales of agricultural products or live plant material shall be incidental to agricultural production and shall be limited to what is grown on the property. B. For new uses, the property used for nursery or urban farm shall be five (5) acres or less. For annexation of existing nursery or urban farm use, the property may be larger. 6/2/05 16 Chapter 4 SPECIFIC USE STANDARDS 11-4-3.28: NURSING OR RESIDENTIAL CARE FACILITIES: A. General standards: 1. If the use results in more than ten (10) persons occupying a dwelling at any one time, the applicant or owner shall concurrently apply for a change of occupancy as required by the Building Code in accord with Title 7 of the Meridian City Municipal Code. 2. The owner and/or operator of the facility shall secure and maintain a license from the State of Idaho Department of Health and Welfare—Facility Standards Division B. Additional standards for uses providing care to children and juveniles under the age of eighteen (18) years: 1. All outdoor play areas shall be completely enclosed by a minimum six-foot (6’) non-scalable fence to secure against exit/entry by small children and to screen abutting properties. The fencing material shall meet the swimming pool fence requirements of the Building Code in accord with Title 7 of the Meridian City Municipal Code. 2. Outdoor play equipment over six feet (6’) high shall not be located in a front yard or within any required yard. 3. Outdoor play areas in residential districts or uses adjacent to an existing residence shall not be used after dusk. C. Additional standards for uses providing care to patients who suffer from Alzheimer’s disease, dementia or other similar disability that may cause disorientation: A barrier with a minimum height of six feet (6’), along the perimeter of any portion of the site that is accessible to these patients shall be provided. The fencing material shall meet the swimming pool fence requirements of the Building Code in accord with Title 7 of the Meridian City Municipal Code. 11-4-3.29: PUBLIC OR QUASI-PUBLIC USE: A. Public recreation and community centers: the use shall meet the standards in accord with Section 11-3-3.3 arts, entertainment or recreation facility, of this Article. B. Public or quasi-public office: the use shall meet the standards for office use in accord with the district in which the use is located. 6/2/05 17 Chapter 4 SPECIFIC USE STANDARDS 11-4-3.30: PUBLIC UTILITY, MAJOR; AND PUBLIC INFRASTRUCTURE: A. Accessory uses directly related to the maintenance and fueling of vehicles (including, but not limited to, truck and trailer washing, fuel pumps, garages for minor repair) may be allowed. B. Installation of underground fuel tanks shall require written approval from the Idaho Division of Environmental Quality, Idaho Department of Water Resources, and the appropriate Fire Authority. C. No portion of the outside storage areas and/or outside activity areas may be visible from any highway, interstate, gateway corridor, principal arterial, or minor arterial as herein defined. D. All driveways into and through the facility and any open area with a driving surface shall be surfaced with a dustless material including, but not limited to, asphalt, concrete, pavers or bricks. E. For any use requiring the storage of fuel or hazardous material, the use shall be located a minimum of one thousand feet (1,000’) from a hospital. 11-4-3.31: RECYCLING CENTER; AND SOLID WASTE TRANSFER STATION: A. The site shall be screened from the street(s) by a screen composed of a masonry or concrete wall planted on the exterior side with a vegetative screen. The screen shall be of sufficient height so that no storage containers shall be visible above the required screening. B. All grounds and facilities shall be maintained in an orderly manner so as not to create a public nuisance. C. All mechanical equipment emissions; power-driven processing (including, but not limited to, aluminum foil and can compacting, baling, plastic shredding, or other processing activities necessary for efficient temporary storage and shipment of materials); and/or other outdoor activity areas shall be located a minimum of three hundred feet (300’) from any abutting residential districts. If the use does not meet the minimum setback, or in the opinion of Director there are questions regarding the adequacy of the mitigation of noise, emissions and /or blowing debris from the site, the use shall be subject to a Conditional Use Permit. D. All driveways into and through the facility and any open area with a driving surface shall be surfaced with a dustless material including, but not limited to, asphalt, concrete, pavers or bricks. E. For any use requiring the storage of fuel or hazardous material, the use shall be located a minimum of one thousand feet (1,000’) from a hospital. F. Additional standards for recycling centers: 6/2/05 18 Chapter 4 SPECIFIC USE STANDARDS 1. Any container provided for after-hours donation of recyclable materials shall be a minimum of fifty feet (50’) from any abutting residential district, shall be of sturdy, rustproof construction, and shall have sufficient capacity to accommodate materials collected. 2. Except for after-hours donation containers, no unsorted material shall be stored outside. 11-4-3.32: STORAGE FACILITY, OUTSIDE: A. Materials shall not be stored within the required yards. Stored items shall not block sidewalks or parking areas and may not impede vehicular or pedestrian traffic. B. The site shall not be used as vehicle wrecking or junkyard as herein defined. C. Additional standards for outside storage as an accessory use. Accessory outside storage shall be allowed for approved uses subject to the following standards: 1. Outside storage of materials for commercial or industrial uses shall be limited to those items owned or used by the business. 2. Outside storage of materials for a residential development or recreational vehicle park shall be only for recreational vehicles or personal recreation items of the owners and/or tenants. 3. Outside storage of materials for individual residential properties shall be screened with a six-foot (6’) site-obscuring fence. D. For any use requiring the storage of fuel or hazardous material, the use shall be located a minimum of one thousand feet (1,000’) from a hospital. 11-4-3.33: STORAGE FACILITY, SELF-SERVICE: A. Storage units and/or areas shall not be used as dwellings or as a commercial or industrial place of business. The manufacture or sale of any item by a tenant from or at a self-service storage facility is specifically prohibited. B. On-site auctions of unclaimed items by the storage facility owners shall be allowed as a temporary use in accord with Section 11-3E temporary use requirements of this Title. C. The distance between structures shall be a minimum of twenty-five feet (25’). D. The storage facility shall be completely fenced, walled, or enclosed and screened from public view. Where abutting a residential district or public road, chain-link shall not be allowed as fencing material. 6/2/05 19 Chapter 4 SPECIFIC USE STANDARDS E. If abutting a residential district, the facility hours of public operation shall be limited to 6:00 a.m. to 11:00 p.m. F. No structure, facility, drive lane, parking area, nor loading area shall be located adjacent to a residential district without a sound attenuation wall. G. If the applicant provides a sound attenuation wall, landscaping buffers may be reduced to ten feet (10’). H. If the use is unattended, the standards in accord with Section 11-3A-16 self service uses of this Title shall also apply. I. The facility shall have a second means of access for emergency purposes. J. All outdoor storage of material shall be maintained in an orderly manner so as not to create a public nuisance. Materials shall not be stored within the required yards. Stored items shall not block sidewalks or parking areas and may not impede vehicular or pedestrian traffic. K. The site shall not be used as vehicle wrecking or junkyard as herein defined. L. For any use requiring the storage of fuel or hazardous material, the use shall be located a minimum of one thousand feet (1,000’) from a hospital. 11-4-3.35: TERMINAL, FREIGHT OR TRUCK: A. The use shall be located with direct access on a principal arterial or near an interstate interchange, and with no access through residential streets. B. No outdoor activity area shall be located within three hundred feet (300’) from any residential district. C. The use shall be located a minimum of one thousand feet (1,000’) from any hospital. D. Accessory uses directly related to the maintenance and fueling of vehicles (including, but not limited to, truck and trailer washing, fuel pumps, garages for minor repair) may be allowed. E. Installation of underground fuel tanks shall require written approval from the Idaho Division of Environmental Quality, Idaho Department of Water Resources, and the Meridian City Fire Department. 11-4-3.36: VEHICLE IMPOUND YARD: A. Outside storage and outside activity areas shall comply with Section 11-3A- 14outdoor storage of this Title. The closed vision fence or wall and screening materials shall be a minimum of ten feet (10) in height. 6/2/05 20 Chapter 4 SPECIFIC USE STANDARDS B. No portion of the vehicle impound yard, outside storage areas and/or outside activity areas may be visible from any highway, interstate, gateway corridor, principal arterial, or minor arterial as herein defined. C. All materials or parts shall be stored and located within the closed vision fence or walled area. No vehicles or materials shall be stored so they exceed the height of the fence or wall. D. The use shall not constitute a junkyard as herein defined. 11-4-3.37: VEHICLE REPAIR, MAJOR AND MINOR: A. Where adjoining a residential property or district, all repair activities (including, but not limited to, open pits and lifts) shall occur within an enclosed structure. B. Inoperable or dismantled motor vehicles shall be stored behind a closed vision fence, wall, or screen or within an enclosed structure and shall not be visible from street. 11-4-3.38: VEHICLE SALES OR RENTAL: A. Vehicle repair may be allowed as an accessory use, subject to the standards for vehicle repair, major and minor in the district where the use is located. B. Inoperable or dismantled motor vehicles shall be stored behind a closed vision fence, wall, or screen or within an enclosed structure and shall not be visible from any street. C. Automotive sales and rental areas shall be subject to the minimum perimeter landscape requirement of parking areas in Chapter 3 Article B. landscaping requirements of this Title. D. In addition to Chapter 3 Article B. landscaping requirements of this Title, one (1) square foot of landscaping for every fifty (50) square feet of vehicle display area, and one (1) tree for every two hundred (200) square feet of parking area shall be provided. 11-4-3.39: VEHICLE WASHING FACILITY: A. A site plan shall be submitted that demonstrates safe pedestrian and vehicular access and circulation on the site and between adjacent properties. At a minimum, the plan shall demonstrate compliance with the following standards: 1. Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of-way by patrons. 2. The stacking lane shall be a separate lane from the circulation lanes needed for access and parking. 6/2/05 21 Chapter 4 SPECIFIC USE STANDARDS 3. The stacking lane shall not be located within ten feet (10’) of any residential district or existing residence. 4. A letter from the Transportation Authority indicating the site plan is in compliance with the highway district standards and policies shall be required. B. Within the industrial districts, a vehicle washing facility shall be allowed only as an accessory use to a gasoline or diesel fuel sales facility for use by non- passenger vehicles. The vehicle washing facility shall be limited in capacity to a single vehicle. The intent is to discourage facilities that cater to passenger vehicles. C. Any use that is not fully enclosed shall be located a minimum one hundred feet (100’) from any abutting residential district, and shall be limited in operating hours from 6:00 a.m. to 11:00 p.m. D. If the use is unattended, the standards set forth in Section 11-3A-18 of this Title shall also apply. 11-4-3.40: VEHICLE WRECKING OR JUNKYARD: A. Outside storage and outside activity areas shall comply with Section 11-3A-14 outdoor storage of this Title. The fence or wall and screening materials shall be a minimum of ten feet (10) in height. B. No portion of the vehicle impound yard, outside storage areas and/or outside activity areas may be visible from any highway, interstate, principal arterial, or minor arterial. C. All materials or parts shall be stored and located within a closed vision fence or walled area. No vehicles or materials shall be stored so they exceed the height of the fence or wall. D. All structures or outside activity areas shall be located a minimum of three hundred feet (300’) from any property line. The use shall be located a minimum of one thousand feet (1,000’) from any residential district. E. An area for processing vehicles as they are brought to the site shall be designated on a site plan. The processing area shall be an impermeable surface that has a means to collect and properly dispose of oils and fluids in the vehicles. F. The applicant shall obtain all necessary permits for the storage of materials on the site, including, but not limited to, oil, hazardous waste, and tires. G. No person shall establish, operate, or maintain a vehicle wrecking yard, any portion of which is within one thousand feet (1,000’) of the nearest edge of the right-of-way and visible from any highway, interstate, principal arterial, or minor arterial as herein defined. See Idaho Code §40-313. 6/2/05 22 Chapter 4 SPECIFIC USE STANDARDS 11-4-3.41: VERTICALLY INTEGRATED RESIDENTIAL PROJECT: A. A vertically integrated residential project shall be a structure that contains at least two (2) stories. B. A minimum of twenty five percent (25%) of the gross floor area of a vertically integrated project shall be residential dwelling units, including outdoor patio space on the same floor as a residential unit. C. The minimum building footprint for a detached vertically integrated residential project shall be twenty-four hundred (2,400) square feet. D. The allowed nonresidential uses in a vertically integrated project include: arts, entertainment or recreation facility; artist studio; civic, social or fraternal organizations; day care facility; drinking establishment; Education Institution; financial institution; health care or social assistance; industry, craftsman; laundromat; nursing or residential care facility; personal or professional service; public or quasi-public use; restaurant; or retail; or other uses that may be considered through the Conditional Use Permit process. E. None of the required parking shall be located in the front of the structure. 11-4-3.42: WAREHOUSE: A. Accessory uses allowed: office not to exceed twenty five percent (25%) and retail sales not to exceed ten percent (10%) of the total enclosed area of the use. B. Outside activity areas shall be located a minimum of three hundred feet (300’) from any property line adjoining a residence or a residential district 11-4-3.43: WIRELESS COMMUNICATION FACILITY: A. Purpose: The purpose of this section is to accommodate the communications needs of its residents and businesses while at the same time protecting the safety, aesthetic appeal and general welfare of the community. Furthermore, it is the purpose of this section to regulate the impact of communications towers within the city limits and to provide for the needs of the public and businesses for wireless communications. The intent of this section is to: 1. Facilitate the provision of wireless telecommunication services to the residents and businesses of the City of Meridian; 2. Minimize the adverse visual effects of communications towers and other similar structures through careful design standards; 3. Avoid potential damage to adjacent properties from the structural failure of towers and other such structures through structural standards and setback requirements; and 6/2/05 23 Chapter 4 SPECIFIC USE STANDARDS 4. Require the co-location of new wireless communication equipment, when possible, in order to reduce the number of towers required to serve the city. B. Applicability: The following provisions shall apply to any construction, installation, addition to or increase in the height of any wireless communications tower. C. Process: 1. Amateur radio antennae that meet the standards as set forth in Section 11-4- 3.43.F shall require accessory use approval. 2. Co-location of new equipment on an existing tower shall require a Certificate of Zoning Compliance prior to installation. 3. Stealth towers and/or new antennae that meet the standards as set forth in Chapter 5 Article B. SPECIFIC PROVISIONS shall require a Certificate of Zoning Compliance prior to installation. 4. Wireless communication facilities in an industrial district shall require a Certificate of Zoning Compliance prior to installation. 5. All other wireless communication facilities shall require conditional use approval. D. Required documentation: The applicant shall provide the following documentation with the request for approval of a wireless communication facility: 1. Documentation from a qualified and licensed engineer showing that the proposed facility will be in compliance with the FCC standards regarding radio frequency (RF) emissions. 2. A report from a qualified and licensed structural engineer that describes the tower height and design. The report shall include the following: a cross section of the tower, elevations that document the height above grade for all potential mounting positions for colocated antennae, and the minimum separation distances between antennae. The report must also include a description of the tower's capacity regarding the number and type of antennae that it can accommodate and what precautions the applicant will take to avoid interference with established public safety telecommunications. This report must be stamped by the structural engineer and include other information necessary to evaluate the request. 3. For all wireless communication facilities, a letter of intent committing the tower owner and his, her or its successors to allow the shared use of the tower, as required by this section, if an additional user agrees in writing to meet reasonable terms and conditions for shared use. 4. A statement regarding compliance with regulations administered and enforced by the Federal Aviation Administration (FAA). 6/2/05 24 Chapter 4 SPECIFIC USE STANDARDS 5. Propagation charts showing existing and proposed transmission coverage at the subject site and within an area large enough to provide an understanding of why the facility needs to be in the chosen location. 6. A written analysis demonstrating that the proposed site is the most appropriate site within the immediate area. The analysis shall include, but is not limited to, the following: a. Description of the surrounding area, including topography; b. Natural and manmade impediments, if any, that would obstruct adequate wireless telephone transmissions; c. Physical site constraints, if any, that would preclude construction of a wireless communications facility on any other site; d. Technical limitations of the system that limit siting options. E. Amateur radio antenna standards: Pursuant to the FCC's preemptive ruling PRB 1, towers supporting amateur radio antennae (i.e., HAM radio antennae) of less than thirty-five feet (35') in height are permitted, antennae with a height in excess of thirty-five feet (35') shall require a Conditional Use Permit. No towers or antennae shall be placed within the front, side or street side yard. F. Stealth tower standards: 1. The facility shall be hidden or camouflaged. 2. The facility shall not exceed the height limitation of the district in which it is located. G. Antennae standards: 1. The antennae shall be less than four (4) square feet in area and mounted to: a. New poles (not streetlights). b. Existing poles or streetlights. c. Buildings. d. Towers. e. New streetlights in existing neighborhoods shall only be allowed with approval of the Public Works Director. The Public Works Director shall determine if the benefit derived from the new streetlight is greater than the maintenance and increased utility fees associated with the streetlight. 6/2/05 25 Chapter 4 SPECIFIC USE STANDARDS 2. The facility shall not exceed the height limitation of the district in which it is located. 3. Where the applicant does not own the supporting structure, antennae attached to support structures shall be allowed only after securing a license agreement with the owner and other responsible parties, as applicable. 4. Streetlights or poles with attached antennae shall be separated by a minimum of five hundred feet (500’). 5. Antennae attached to streetlights shall be painted to match the streetlights and shall be attached only to Meridian standard streetlights (not on ornamental fixtures). H. Design Standards: All new communications towers shall meet the following minimum design standards: 1. Towers and antennae shall be required to blend into the surrounding environment by paint or other camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities such as the federal aviation administration. All metal shall be corrosive-resistant or treated to prevent corrosion. 2. All new communication towers shall be of monopole design, unless the decision-making body determines that an alternative design (i.e., lattice, guy wire, etc.) would be appropriate because of location or necessity. 3. No part of any antenna, disk, array or other such item attached to a communications tower shall be permitted to overhang any part of the right-of- way or property line. 4. The base of all towers shall be surrounded by a sight obscuring security fence, in accord with the underlying zone. 5. All tower facilities shall include a landscape buffer. The buffer shall consist of a landscape strip of at least five feet (5') wide outside the perimeter of the compound. A minimum of fifty percent (50%) of the plant material shall be of an evergreen variety. In locations of where the visual impact of the tower is minimal, the Director may waive this requirement through the alternative compliance procedure in accord with Chapter 5 ADMINISTRATION of this Title. 6. All climbing pegs within the bottom twenty feet (20') of the tower shall be removed except when the tower is being serviced. 7. All lighting on the tower, other than may be required by the FAA, shall be prohibited. 8. No tower shall have constructed thereon, or attached thereto, in any way, any platform, catwalk, crow's nest, or like structure, except during periods of 6/2/05 26 Chapter 4 SPECIFIC USE STANDARDS construction or repair. No signs or banners shall be attached to any portion of a wireless communications tower. I. Setback standards: If the tower does not exceed the maximum building height allowed for the zoning of the land upon which it is to be placed, the tower shall meet the setback requirement for that zone, with the following exceptions: 1. If the property is located next to a residential district, the setback requirements shall be one hundred twenty-five percent (125%) of the height of the tower. a. If the tower exceeds the maximum height allowance for the district, the setback requirements shall be one foot (1') for every ten feet (10') of tower height, in addition to the district's setback requirements. b. If the tower is not constructed to meet the standards set forth in the Telecommunications Industry Association/Electronic Industries Association (TIA/EIA) 222 revision F standards entitled "Structural Standards for Steel Antenna Supporting Structures" the setback requirement shall be one foot (1') for every foot in height of the tower. This shall be measured from all property lines and shall be referred to as the "fall zone.” Only the accessory equipment building shall be permitted to be located within the fall zone. 2. Communication towers must be set back from all public owned right-of-way by a minimum of two (2) times the height of the tower to be installed. If this setback requirement is in conflict with any other setback requirement, the setback shall be the greater distance. 3. All communication towers shall be set back at least three (3) times the height of the tower from all principal arterial streets. J. Co-location Standards: 1. A proposal for a new commercial communication tower shall not be approved unless the decision-making body finds that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower. 2. It shall be the burden of the applicant to demonstrate that the proposed tower or antenna cannot be accommodated on an existing or approved tower or structure. One or more following pieces of documentation shall be provided as proof that the new tower is necessary: a. Unwillingness of other tower or facility owners to entertain shared use. b. The proposed co-location of an existing tower or facility would be in violation of any state or federal law. c. The planned equipment would exceed the structural capacity of existing towers, as documented by a qualified and licensed structural engineer. 6/2/05 27 Chapter 4 SPECIFIC USE STANDARDS d. The planned equipment would cause interference, materially impacting the usability of other existing or planned equipment on the tower as documented by a qualified and licensed engineer. e. Existing or approved towers cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed engineer. 3. All proposed communication towers shall be designed (structurally, electrically, and in all respects) to accommodate both the applicant’s antennae and comparable antennae for at least two (2) additional users if the tower is over one hundred ten feet (110’) in height and for at least one (1) additional user if the tower is over fifty feet (50’) in height. K. Abandoned or unused towers or portions of towers: All abandoned or unused towers and associated facilities shall be required to be removed within sixty (60) days of cessation of use as a wireless communication facility, unless a time extension is granted by the city council. A copy of the relevant portions of a signed lease, which requires the applicant to remove the tower and associated facilities upon cessation of the use as a wireless communication facility, shall be submitted at the time of application and resubmitted upon renewal or termination. In the event that the tower and associated facilities are not removed within the sixty (60) days, the tower and associated facilities may be removed by the city and the costs of removal assessed against the real property. Canopy Signs 50% of canopy face Not to extend above top of canopy -- Indirect or Internal 1 per street frontage No projection -- Y Under Canopy Length not to Exceed 75% of canopy width 8 ft. minimum clearance -- Internal 1 per business -- 8 ft. Y Awning Signs Regulated as Wall Signs Rent, Lease & Sale Signs 64 sq. ft. 10 ft. 5’ from property line (or greater) None 1 per street frontage -- -- N Construction 32 sq. ft. per sign 12 ft. 5’ from property line (or greater) None Max. 3 signs per lot -- -- N Subdivision Identification2 150 sq. ft Max. building height of district 5 ft. from property line Indirect, Internal 1 per entrance -- -- Y 1When combination of wall & freestanding signs are used, total area for wall signs shall be reduced by 50% if all signage is oriented to same frontage. 2 See Sections 11-3D-8I and 11-3D-9D2b for allowable background area where a subdivision identification sign and center sign are on the same street frontage. 6/2/05 1 Chapter 5 ADMINISTRATION CHAPTER 5 ADMINISTRATION SECTIONS: 11-5-1: PURPOSE 11-5-2: APPLICABILITY 11-5-1: PURPOSE: The purpose of this Chapter is to set forth the roles, responsibilities and processes in the administration of permits that are authorized by this Title and consistent with Idaho Code §67-6502 et seq. as amended. 11-5-2: APPLICABILITY: A. All applications shall be administered in accord with Article A. general provisions of this Chapter. B. All applications shall be administered in accord with Article B. specific provisions of this Chapter. C. Surety agreements shall be in accord with Article C. surety agreements of this Chapter. Not to extend above top of canopy -- Indirect, Internal 1 per property No projection -- Y Under Canopy Length not to Exceed 75% of canopy width 8 ft. minimum clearance -- Internal 1 per business -- 8 ft. Y Awning Signs Regulated as Wall Signs Rent, Lease & Sale Signs 32 sq. ft. 8 ft. 5 ft. from property line None 1 per lot -- -- N Construction 32 sq. ft. per sign 8 ft. 5 ft. from property line None Max. 3 signs per lot -- -- N Subdivision Identification2 80 sq. ft Max. building height of district 5 ft. from property line Indirect, Internal 1 per entrance -- -- Y 1When combination of wall & freestanding signs are used, total area for wall signs shall be reduced by 50% if all signage is oriented to same frontage. 2 See Sections 11-3D-8I and 11-3D-9D2b for allowable background area where a subdivision identification sign and center sign are on the same street frontage. 6/2/05 1 Chapter 5 Article A. GENERAL PROVISIONS CHAPTER 5 ADMINISTRATION ARTICLE A. GENERAL PROVISIONS ARTICLE A. SECTIONS: 11-5A-1: PURPOSE 11-5A-2: DUTIES AND AUTHORITY 11-5A-3: APPLICATION PROCESS 11-5A-4: ADMINISTRATIVE PROCESS 11-5A-5: PUBLIC HEARING PROCESS 11-5A-6: CITY COUNCIL REVIEW PROCESS 11-5A-7: FEES 11-5A-1: PURPOSE: The purpose of this Chapter is to set forth the roles, responsibilities, and processes in the administration of permits that are authorized by this Title consistent with Idaho Code §67-6502 et seq. as amended. 11-5A-2: DUTIES AND AUTHORITY: A. City Council: The Meridian City Council shall have the authority to set policy and legislation affecting land use and the administration of this Title. The City Council shall act on recommendations from the Planning and Zoning Commission in legislative and quasi-judicial matters and serve as a review authority on appeals of discretionary and administrative actions. (See Table 11-5A-1.) B. Planning and Zoning Commission: The Planning and Zoning Commission shall be the designated planning agency for the City. The Planning and Zoning Commission shall be responsible for final action on discretionary permits and for recommendations to the City Council on land use legislation, comprehensive plan amendments and quasi-judicial matters. In addition to the duties listed in Title 1 of the Meridian City Code, the duties of the Planning and Zoning Commission regarding implementation of this Title shall be as follows: 1. Provide for citizen meetings, hearings, surveys, or other methods to obtain advice on the planning process, Comprehensive Plan, and implementation; 2. Conduct informational meetings and consult with public officials and agencies, public utility companies, and civic, educational, professional, or other organizations; 3. Promote a public interest in and understanding of the Commission’s activities; 4. Make recommendations to the Council concerning the Comprehensive Plan, planning process, or implementation of the Comprehensive Plan; and 6/2/05 2 Chapter 5 Article A. GENERAL PROVISIONS 5. Conduct public hearings and make recommendations based on the required findings and standards to the City Council for applications in accord with Table 11-5A-1. C. Planning Department Director: The Director shall be appointed by the mayor and confirmed by a majority of the City Council as the administrative official for the Unified Development Code. The Director or his or her authorized staff shall administer and enforce this Title and fulfill all the duties imposed by law including, but not limited to: 1. The Director shall make interpretations in the enforcement and administration of this Title (See Table 11-5A-1) including, but not limited to, those in Chapter 1 GENERAL PROVISIONS of this Title and the following: a. Conduct investigations of structures and use of property as are necessary to determine compliance with the regulations of this Title; b. Order the abatement of violations of this Title and aid in prosecuting such violations; c. Withhold any Certificate of Zoning Compliances on any property where structures or uses are in violation of the Unified Development Code; and d. Enforce penalties for violations in accord with Meridian City Code 6-1-6. 2. The Director shall provide information to the public on planning, and zoning, matters. 3. The Director shall receive and examine applications including, but not limited to, the following: a. With the consent of the owner, enter upon any property to make examinations and surveys; b. Maintain records of all materials and correspondence related to land use applications; c. Transmit to outside agencies and provide written notice to surrounding property owners on all Commission and Council hearings; d. Maintain records of the Commission and Council hearings and actions thereon; e. Transmit to the Commission or Council all applications related to this Title. 4. The Director shall issue Certificates of Zoning Compliance. 6/2/05 3 Chapter 5 Article A. GENERAL PROVISIONS 5. The Director shall review and act on requests for Alternative Compliance as identified in Table 11-5B-1. D. The following is a summary list of the actions that the City shall take in administration of this Title, the body responsible for the action, and reference to the process under which the action shall be taken. In the case of a permit requiring action from more than one decision body, the permits shall be combined and the decision-making body with the highest authority shall be responsible for all decisions. TABLE 11-5A-1: DECISION-MAKING AUTHORITY BY APPLICATION APPLICATION RECOMMENDING BODY DECISION-MAKING BODY PROCESS Accessory use NONE D N Accessory use, home occupation with no customers or clients NONE D A Administrative design review NONE D A Alternative compliance NONE D A Annexation and/or rezone PZ CC PH City council review NONE CC PH Certificate of occupancy NONE D A Certificate of zoning compliance NONE D A Comprehensive plan amendment PZ CC PH Conditional use D PZ PH Landscaping plans NONE D A Modifications to an approved permit same decision-maker and process as initial approval Planned unit development PZ CC PH Plat, combination PZ CC PH Plat, final D CC A Plat, preliminary PZ CC PH Plat, short NONE D A Property boundary adjustment NONE D A Sign NONE D A Temporary use NONE D A Unified development code amendment PZ CC PH Vacations, exempt per Idaho Code §5-1306A(5) all others NONE D D CC A PH Variance D CC PH CC = City Council A = Administrative D = Director N = Administrative with public notice PZ = Planning and Zoning Commission PH = Public Hearing 11-5A-3: APPLICATION PROCESS: A. Purpose: The purpose of this section is to outline the general application process for a permit or decision under provisions of this Title. B. Application requirements: 6/2/05 4 Chapter 5 Article A. GENERAL PROVISIONS 1. All persons making application for permits and decisions in accord with this Title shall submit an application to the Director on forms approved by the Planning and Zoning Commission and provided by the Planning Department. 2. Prior to the commencement of any substantive changes to the application requirements, Director shall submit the changes to the Planning and Zoning Commission at a public hearing. C. Determination of completeness: 1. An application shall contain all information deemed necessary by the Director to determine if the proposed permit or action will comply with the requirements of the applicable district or development regulation. 2. Upon receipt of a compete application, the City will issue a notice of application acceptance and completion. 3. The Director shall assign a file number and begin processing the application once the application is deemed complete. D. Fee: All complete applications shall be accompanied by a filing fee in an amount established by City ordinance or resolution. E. Resubmitted: No application that has been denied by the Director, the Commission, or the Council shall be resubmitted, in substantially the same form for the same use, within one (1) year from the date of denial. The Director may waive the one- (1) year requirement and accept a new application, where the subject property is affected by amendments to the Comprehensive Plan or to this Title. F. Request for City Council review: The City Council may be asked to review any decision of the Director or the Commission by an applicant, any party of a record or a City Council member through the provisions set forth in Section 11-5A-6 city council review process. 11-5A-4: ADMINISTRATIVE PROCESS: A. The Director may require conditions of approval that are deemed necessary to protect the public health, safety, and welfare and prevent undue adverse impacts on surrounding properties. B. The Director shall provide the applicant written findings of fact and conclusions of law in accord with Idaho Code §67-6519 stating the reasons for the decision reached. All conditions of approval shall be attached to the written decision. 6/2/05 5 Chapter 5 Article A. GENERAL PROVISIONS C. Mailed notice of the Director’s decision shall be sent to all parties of record. Any person aggrieved by the Director’s decision may submit a written request for City Council review in accord with Section 11-5A-6 of this Chapter. The Director’s decision is not final until the end of the fifteen- (15) day appeal period. 11-5A-5: PUBLIC HEARING PROCESS: A. Decisions on permits and requests for action requiring a public hearing are based on standards that require substantial discretion and are matters having broad public interest. B. Applicants for permits requiring a public hearing are required to conduct a pre- application meeting with the Department. C. Neighborhood meetings. 1. Applicants are required to hold a neighborhood meeting to provide an opportunity for public review of the proposed project prior to the submittal of an application. 2. Notice of the neighborhood meeting shall be provided to all property owners of record within three hundred feet (300’) of the exterior boundary of the application property. Notice of the meeting shall be either hand-delivered or mailed to the recipients. 3. Notice of the meeting shall be provided at least five days (5) prior to the meeting. The meeting shall be held not more than three (3) months or less than five (5) days prior to the submittal of an application. D. Posting of public hearing notice 1. All applications requiring a public hearing shall post the subject property, except posting is not required for a Unified Development Code text amendment, a Comprehensive Plan text amendment and/or vacations. 2. Not less than ten (10) days prior to the hearing, the applicant shall post a copy of the public hearing notice of the application on the property under consideration. Except as noted herein, posting of the property must be in substantial compliance with the following requirements: a. Conditional Use Permit applications for daycare, group; and annexation, preliminary plat, variance, rezone, and comprehensive plan amendment applications for properties of land less than three (3) acres in size: The applicant shall post a sign consisting of one eleven-inch by seventeen- inch (11" x 17") piece of paper mounted to a rigid surface of at least equal size, or other material stating the name of the applicant, a statement concerning the proposed development, and the date, time and location of the public hearing. b. All other hearings shall require the following posting notice: 6/2/05 6 Chapter 5 Article A. GENERAL PROVISIONS CITY OF MERIDIAN PUBLIC HEARING NOTICE Meridian Planning and Zoning Commission THE CITY OF MERIDIAN will hold a public hearing on January 1, 2001, at 7:00 p.m. at the Meridian City Hall (33 E. Idaho). PURPOSE: Annexation and Zoning – You Name it Subdivision- Zoning R-4, Subdivision Preliminary Plat, 7.66 acres, 29 lots, single-family dwelling, 1 lot open space/drainage w/landscape entryway. PROPERTY LOCATION: SW corner of Ustick Rd. and Linder Rd. APPLICATION BY: John and Jane Doe Contact a City Planner at 884-5533 with any questions. i. The sign(s) shall consist of four-foot by four-foot (4' x 4') plywood or other hard surface mounted on two (2) four-inch by four-inch (4" x 4") posts, or attached to another Director-approved support in such a manner that it is perpendicular to the roadway along which the sign is posted and the bottom of the sign is at least three feet (3') above the ground. ii. Centered at the top of the four-foot by four-foot (4' x 4') signboard(s) in six inch (6") letters shall be the words "City of Meridian Public Hearing Notice." In addition, each sign will inform the public of the nature of the hearing, the date, time and address of the hearing location, a summary of the proposal to be considered, a city contact phone number, the location of the development and the name of the applicant, and if applicable, the proposed development. Each sign shall be painted white, and the letters shall be painted black and shall appear on both sides. An example of this sign is set forth below. Size = six inches (6”) Size = two inches (2”) Size = one and one-half inches (1.5”) 2. Sign placement: The signs shall be posted on the land being considered along each roadway that is adjacent to the subject property boundaries. The sign(s) shall be located on the property, outside of the public right-of-way. If the sign cannot be placed on the property and still be clearly visible, the sign may be placed within the right-of-way if the applicant can obtain the consent of the owner of the right-of-way. 3. Proof of posting: The applicant shall submit a notarized statement and a photograph of the posting to the City no later than seven (7) days prior to the public hearing attesting to where and when the sign(s) were posted. Unless Certificate is received by such date, the hearing will be continued. 6/2/05 7 Chapter 5 Article A. GENERAL PROVISIONS 4. Sign removal: The signs shall be removed no later than three (3) days after the public hearing for which the sign had been posted is ended. E. Mailing and publishing of the public hearing notice 1. Legal Notice: At least fifteen (15) days prior to the public hearing, the City shall publish a notice of the time and place and a summary of the application in the official newspaper of general circulation in Ada County. 2. Radius notice: a. At least fifteen (15) days prior to the public hearing, the City shall send a notice by first class mail of the time and place, and a summary of the application to property owners or purchasers of record (as listed in the current records of the Ada County Assessor) owning property within three hundred feet (300’) of the property being considered. b. The noticing shall be extended to property owners within one thousand feet (1,000’) of the external property boundaries for heavy industries and wireless communication facilities. c. The Director may determine, or other applications provided for in this Title may require, that notices be sent to property owners or purchasers of record whose properties are further than three hundred feet (300’) or one thousand feet (1,000’) from the external boundaries of the property. 3. Alternate forms of notice. When posted or mailed notice is required of two hundred (200) or more property owners or purchasers of record, alternate forms of notice may be provided as follows: a. In lieu of mailed notice, one (1) additional notice of the time and place of the hearing and summary of the proposal shall be published in a newspaper of general circulation within the County, not less than ten (10) days prior to the hearing; and/or b. At least seven (7) days prior to the hearing, a public service announcement shall be made available to newspapers, radio, and television stations servicing the City. 4. Notice to other jurisdictions: The City shall send notice of the application to other jurisdictions with interest and/or authority over the application, including but not limited, to the following: a. Other jurisdictions with joint jurisdiction; b. Appropriate utility companies, irrigation companies or districts and drainage districts; 6/2/05 8 Chapter 5 Article A. GENERAL PROVISIONS c. Health and transportation authorities; and d. School district. F. Public hearing 1. The City Council and/or Planning and Zoning Commission shall conduct the public hearing in accord with the procedures set forth in Title 1 of the Meridian City Code. 2. If the decision-making body (see Table 11-5A-1) finds that it does not have sufficient information to make a decision, it may continue the public hearing. The decision-making body may also choose to conduct a study session with all parties of record to address questions and issues related to the application. 3. The decision-making body (see Table 11-5A-1) may require or recommend conditions of approval that it deems necessary to protect the public health, safety, and welfare and/or to prevent undue adverse impacts on surrounding properties. 4. After the conduct of the public hearing, the Planning and Zoning Commission may recommend approval, recommend denial, approve, approve with conditions, or deny the application request; the City Council may approve, approve with conditions, or deny the application request. 5. The decision-making body (see Table 11-5A-1) action shall be made within seventy (70) days after receiving all information to make a decision or seventy (70) days from the last meeting where the application is considered if additional information is not needed. For applications where the Commission is acting as a recommending body, the Commission shall forward its recommendation to the Council within forty-five (45) days. 6. The decision-making body (see Table 11-5A-1) shall provide the applicant written findings of fact and conclusions of law in accord with Idaho Code §67- 6519 and §67-6535 stating the reasons for the decision reached. Conditions of approval shall be attached to the written decision or recommendation. 11-5A-6: CITY COUNCIL REVIEW PROCESS: A. Request for City Council review of a decision of the Director or the Planning and Zoning Commission concerning the administration of this Title may be made by an applicant, the Director, or a party of record. B. All requests for review shall be filed in writing with the Department within fifteen (15) days after the written decision is issued. The request shall include the following information: 1. The decision being requested for review; 6/2/05 9 Chapter 5 Article A. GENERAL PROVISIONS 2. The name and address of the person requesting the review and their interest in the matter; and 3. The specific grounds upon which the request is made. C. After receipt of a request for review of the action of the Director or Commission, the Council shall hold a de nova public hearing to reach a decision to uphold or overrule the action. D. By simple majority vote, the City Council may uphold or overrule the decision. 1. In the case of consideration of a decision of the Director: a. If the action is overruled, the City Council shall issue a written decision and send the matter back to the Director for action consistent with the City Council’s decision. b. If the action of the Director is upheld, the City Council shall issue a written decision stating the decision and the reasons for the decision. 2. In the case of consideration of a decision of the Commission, if the decision is overruled, the Council shall issue findings consistent with the decision. E. Stay of proceedings. A request for City Council review stays all proceedings in furtherance of the action unless the Director certifies to the Council or Commission, after notice of the request is filed, that by reason of facts stated in the application, a stay would in the Director’s opinion cause imminent peril to life and property. In such cases, proceedings shall not be stayed other than by a restraining order which may be granted by the Council or court based on an application, with notice showing due cause. F. Notification: Within ten (10) days, after a decision has been rendered by the City Council, the Director shall send a copy of the written decision to the individual requesting the City Council review and the applicant, as may be applicable. 11-5A-7: FEES: In the application of fees for the review of permit applications, the following rules shall apply: A. Basis for calculation: For any requested public hearing involving more than one (1) classification of a petition or application, the filing fee shall be calculated on the basis of the cumulative fee for the individual application(s). B. Waiver of fee: Notwithstanding any of the preceding fee schedules, the City Council shall have the authority to waive in whole or in part any application fee when such a fee would present a hardship. An applicant for a hardship waiver must present the request in writing to the City Council, outlining the degree of such hardship. 6/2/05 10 Chapter 5 Article A. GENERAL PROVISIONS C. Fees not refundable: Fees to be charged for the various procedures stated above are not refundable, except where a petition or application is withdrawn at least three (3) weeks prior to the date of its scheduled public hearing, and then only after order by the City Council. 6/2/05 1 Chapter 5 Article B. SPECIFIC PROVISIONS CHAPTER 5 ADMINISTRATION ARTICLE B. SPECIFIC PROVISIONS ARTICLE B. SECTIONS: 11-5B-1: CERTIFICATE OF ZONING COMPLIANCE 11-5B-2: UNIFIED DEVELOPMENT CODE AMENDMENTS 11-5B-3: ANNEXATIONS AND REZONES 11-5B-4: VARIANCES 11-5B-5: ALTERNATIVE COMPLIANCE 11-5B-6: CONDITIONAL USES 11-5B-1: CERTIFICATE OF ZONING COMPLIANCE: A. Purpose: The purpose of the Certificate of Zoning Compliance is to ensure that all construction, alterations and/or the establishment of a new use complies with all of the provisions of this Title before any work on the structure is started and/or the use is established. B. Applicability: These provisions apply to all requests for permits that involve construction, exterior alterations and/or the establishment of a new use. These provisions do not apply to tenant improvements where the footprint of an existing structure is not enlarged. C. Process: A Certificate of Zoning Compliance shall be issued by the Director when there is a demonstration that the development complies with all provisions of this Title. 1. No Certificate of Zoning Compliance shall be issued for any use on a property in violation of this Title or on a property that contains structures or uses in violation of this Title. 2. The Certificate of Zoning Compliance shall be invalid: a. If the Certificate was secured in violation of a State or Federal law; b. Upon violation of any regulations of this Title on the subject property; or c. If the conditions of the Certificate of Zoning Compliance have been violated. All further work shall cease on a project until the violation has been remedied. 3. Certificate of Zoning Compliances issued in conjunction with a proposed use shall expire if said use has not commenced within one (1) year of the date of issuance of the Certificate of Zoning Compliance. 6/2/05 2 Chapter 5 Article B. SPECIFIC PROVISIONS 4. Certificate of Zoning Compliances issued in conjunction with construction or alteration of a structure shall expire if said construction or alteration has not commenced within one (1) year of the date of issuance of the Certificate of Zoning Compliance. 5. The Certificate of Zoning Compliance may require inspections and approvals specified in the approval of the application. 11-5B-2: UNIFIED DEVELOPMENT CODE TEXT AMENDMENTS: A. Purpose: The purpose of this section is to establish procedures for amendments to the text, tables and graphics of this Title. B. Applicability: The provisions of this section shall apply to all text within this Title. C. Process: 1. Unified Development Code Amendment initiated by the City. The Planning and Zoning Commission may propose to amend this Title following notice and public hearing procedures in Article A. GENERAL PROVISIONS of this Chapter. 2. Unified Development Amendment initiated by a property owner. The applicant shall complete a pre-application conference with the Director prior to submittal of an application for a Unified Development Code text amendment. An application and fees, in accord with Article A. GENERAL PROVISIONS of this Chapter, shall be submitted to the Director on forms provided by the Department. 3. The Council shall apply the standard listed in Section 11-5B-2D and the findings listed in Section 11-5B-2E of this Title to review the Unified Development Code text amendment. D. Required findings. Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant a text amendment to the Unified Development Code, the Council shall make the following findings: 1. The text amendment complies with the applicable provisions of the comprehensive plan; 2. The text amendment shall not be materially detrimental to the public health, safety, and welfare; and 3. The text amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts. 6/2/05 3 Chapter 5 Article B. SPECIFIC PROVISIONS 11-5B-3: ANNEXATIONS AND REZONES: A. Purpose: The purpose of this section is to establish procedures for annexations and rezones, including amendments to the Official Zoning Maps. B. Applicability: The provisions of this section shall apply to all lands within the legally defined Meridian City limits, the Meridian Area of City Impact, and all other annexable properties as set forth in Idaho Code §50-222. C. Process: 1. Annexation and/or rezone initiated by Council. The City Council shall follow the procedures for annexation as set forth in Idaho Code §50-222. 2. Annexation and/or rezone initiated by property owner. The applicant shall complete a pre-application conference with the Director prior to submittal of an application for an Annexation and/or Rezone. An application and fees, in accord with Article A. GENERAL PROVISIONS of this Chapter, shall be submitted to the Director on forms provided by the Department. 3. The Council shall apply the standard listed in Section 11-5B-3D and the findings listed in Section 11-5B-3E of this Title to review the annexation and/or rezone request. D. Standards: 1. The subject property shall meet the minimum dimensional standards of the proposed district. 2. The City may require a development agreement in conjunction with the annexation or rezone pursuant to Idaho Code §65-6711A. a. The termination of a development agreement shall result in the reversal of the Official Zoning map amendment approval and applicable development approval for any undeveloped portion of property subject to the development agreement. The undeveloped property subject to the development agreement shall be rezoned to the district classification in effect prior to approval of the development agreement. b. Any action by the Council to amend or terminate a previously recorded development agreement shall be recorded in the office of the Ada County Recorder by the Clerk to the Council. E. Required Findings. Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 6/2/05 4 Chapter 5 Article B. SPECIFIC PROVISIONS 1. The map amendment complies with the applicable provisions of the comprehensive plan; 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; and 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts. 5. The annexation (as applicable) is in the best of interest of City. 11-5B-4: VARIANCES: A. Purpose: The purpose of this section is to establish procedures for modification from the bulk and placement requirements of this Title. B. Applicability: The provisions of this section shall apply to requests to vary from the requirements of this Title with respect to lot size, width, and depth; front, side, and rear setbacks; parking spaces; building height; and all other provisions of this Title affecting the size and shape of a structure or the placement upon properties. C. Process. 1. The applicant shall complete a pre-application conference with the Director prior to submittal of an application for a variance. 2. An application and fees, in accord with Article A. GENERAL PROVISIONS of this Chapter, shall be submitted to the Director on forms provided by the Planning Department. 3. The Council shall apply the standards listed in Section 11-5B-4.D and all the findings listed in Section 11-5B-4.E of this Title to review the variance. D. Standard. The variance shall comply with Idaho Code §67-6516. E. Required findings. In order to grant a variance, the Council shall make the following findings: 1. The variance shall not grant a right or special privilege that is not otherwise allowed in the district; 2. The variance relieves an undue hardship because of characteristics of the site; and 6/2/05 5 Chapter 5 Article B. SPECIFIC PROVISIONS 3. The variance shall not be detrimental to the public health, safety, and welfare. 11-5B-5: ALTERNATIVE COMPLIANCE: A. Purpose: The purpose of this process is to provide for alternative means in which to meet the intended purposes of certain development regulations when explicit compliance is not feasible or the alternative means is superior to what is required. The regulations of this section are intended to encourage creative solutions to land use problems. The City recognizes that some specific requirements of this Title do not anticipate all possible situations. Further, the City recognizes that there may be land use proposals that conform to the purpose, intent, and objectives of the regulations in this Title but were not anticipated in the specific regulations. This subsection sets forth an alternative method of compliance in the event of these situations. B. Applicability: 1. This process is intended to replace specific requirements as set forth throughout this Title as follows: TABLE 11-5A-1: ALTERNATIVE COMPLIANCE PERMIT SECTION Block length in the TN-C and TN-R Districts 11-6C-3 Common driveway 11-6C-3 Fence requirements 11-3A-7 Height maximum in commercial districts 11-2B-3 Height Maximum in industrial districts 11-2C-3 Landscape buffer for wireless communication facilities 11-4-3.43 Landscape requirements 11-3B Landscaping for base of freestanding sign 11-3D-5 Outdoor lighting requirements 11-3A-7 Parking and loading plan requirements 11-3C-5 Parking requirements 11-3C-6 Private street standards 11-3F-4 Sign location in the O-T District 11-3B-5 Structures subject to design review 11-3A-21 2. Requests for alternative compliance are allowed only when one (1) or more of the following conditions exists: a. Topography, soil, vegetation, or other site conditions are such that full compliance is impossible or impractical; b. The site involves space limitations or an unusually shaped lot; c. Safety considerations make alternative compliance desirable; 6/2/05 6 Chapter 5 Article B. SPECIFIC PROVISIONS d. Other regulatory agencies or departments having jurisdiction are requiring design standards that conflict with the requirements of this Article; e. The proposed design includes innovative design features based on “New Urbanism,” “Neo-Traditional Design,” or other site designs that promote walkable and mixed use neighborhoods; or f. Additional environmental quality improvements would result from the alternative compliance. 3. Requests for alternative compliance of the landscaping requirements may also be based on the following conditions: a. Because of a change of use on an existing site, the required landscape buffer is larger than can be provided; or b. The applicant is proposing a pond with a permanent water level in a required landscape area. C. Process: 1. The applicant shall submit a written application for alternative compliance prior to the submittal of a development application or upon the determination that the development request does not comply with specific provisions of this Title. 2. An application and fees, in accord with Article A. GENERAL PROVISIONS of this Chapter, shall be submitted to the Director on forms provided by the Development Services Department. 3. The application shall specify: a. the specific requirements that are proposed to be modified; b. the reasons for the modification; and c. a demonstration of how the alternative means for compliance meets the requirements’ intended purpose. 4. The Director shall apply the standard listed in Section 11-5B-4.D and the findings listed in Section 11-3B-4.E of this Title to review the request for alternative compliance. D. Standard: The proposed alternative means for compliance with the specific requirements shall demonstrate that the alternative provides an equal or superior means of meeting the intent and purpose of the regulation. E. Required findings: In order to grant approval for an alternative compliance, the Director shall determine the following: 6/2/05 7 Chapter 5 Article B. SPECIFIC PROVISIONS 1. Strict adherence or application of the requirements are not feasible; or 2. The alternative compliance provides an equal or superior means for meeting the requirements; and 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of surrounding properties. F. Precedent: Alternative compliance shall be limited to the specific project under consideration and shall not establish precedent for acceptance in other cases. 11-5B-6: CONDITIONAL USES: A. Purpose: The purpose of this section is to establish procedures that allow for a particular use on a particular property subject to specific terms and conditions of approval. B. Applicability: The provisions of this section apply to all uses identified as conditional use in Chapter 2 district regulations and as otherwise required by specific development standards in Chapter 4 specific use standards. C. Process: 1. The applicant shall complete a pre-application conference with the Director prior to submittal of an application for a conditional use. 2. An application and fees, in accord with Article A. GENERAL PROVISIONS of this Chapter, shall be submitted to the Director on forms provided by the Planning Department. 3. The Director may require additional information concerning the social, economic, fiscal or environmental effects of the proposed conditional use. D. Standards: In approving any conditional use, the decision-making body may prescribe appropriate conditions, bonds and safeguards in conformity with this Title that: 1. Minimize adverse impact of the use on other property. 2. Control the sequence and timing of the use. 3. Control the duration of the use, 4. Assure that the use and the property in which the use is located is maintained properly. 5. Designate the exact location and nature of the use and the property development. 6/2/05 8 Chapter 5 Article B. SPECIFIC PROVISIONS 6. Require the provision for on-site or off-site public facilities or services. 7. Require more restrictive standards than those generally required in this Title. 8. Require mitigation of adverse impacts of the proposed development upon service delivery by any political subdivision, including school districts, that provides services within the City. E. Findings: The Commission shall base its determination on the Conditional Use Permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. 7. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. F. Time limitations and extensions: 6/2/05 9 Chapter 5 Article B. SPECIFIC PROVISIONS 1. A Conditional Use Permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. 2. For Conditional Use Permit that also require platting, the final plat must be recorded within this eighteen- (18) month period. 3. For projects with multiple phases, the eighteen (I8) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one- (I) year interval, the conditional approval of the future phases shall be null and void. 4. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.1 of this section, the Director may authorize a single extension of time to commence the use not to exceed one eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission may be granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of this Chapter. 5. Approval of requests for time extension to an approved conditional use shall be determined by the decision-making body at a public hearing and will not be granted if any of the following conditions exist: a. Significant amendments to the Comprehensive Plan or Unified Development Code have been adopted that change the basis under which the Conditional Use Permit was granted. b. Significant changes in land use have occurred in the area that will impact or be impacted by the project. c. Hazardous conditions have developed or have been discovered that will impact the project. d. Community facilities and services are no longer adequate to serve the project. 6. The Commission may place additional requirements, modify the previous approval or deny the request. 7. No more than two (2) one- (1) year time extensions may be granted to a single conditional use. G. Transfers and Modifications: 6/2/05 10 Chapter 5 Article B. SPECIFIC PROVISIONS 1. With the exceptions of child care services, Conditional Use Permit are an entitlement to the specific property on which the approval was granted and upon property sale the entitlement transfers to the new owner(s) without further application or approval, provided, however, the new owner(s) shall be bound by the same time limits and conditions of approval as the original permit holder(s). A Conditional Use Permit is not transferable from one property to another. 2. The Director may approve or deny specified minor modifications, provided such modifications were not the subject of review during the original public hearing and will not adversely impact adjacent properties. Such minor modifications include, but are not limited to, the following: a. A reduction in density not exceeding twenty-five percent (25%) of the total units. b. Minor relocation of dwelling units or building pads for practical reasons such as road alignment, topography or access. c. Minor changes to the recreation area or open space design, but not elimination or reduction in area. d. Increase in building square footage, not exceeding twenty percent (20%), provided that the parking and landscaping requirements are met. 3. All other modifications shall be considered by the Planning and Zoning Commission at a public hearing. The Commission may modify the conditions, limitations and/or scope of the permit, in accord with the limitations and requirements of Section 11-5B-6B of this Article. 4. A change in ownership for a day care facility or group day care facility for children shall require a modification to the original approval. H. Revocation: 1. A Conditional Use Permit may be revoked or modified the City Council, upon notice and hearing, for breach or violation of any condition of approval or limitation of the permit. 2. If City Council decides to revoke a Conditional Use Permit, either on its own action or upon complaint to the City Council, the Council shall notify the permit holder of its intention to revoke the conditional use permit and provide the permit holder with the opportunity to contest the revocation. 3. Fifteen (15) days’ prior notice of the hearing shall be given to the permit holder and all property owners within three hundred feet (300') of the boundaries of the land that was issued the permit. 4. The City Council shall make findings of fact and conclusions of law supporting its decision to revoke the Conditional Use Permit. If the Council does not 6/2/05 11 Chapter 5 Article B. SPECIFIC PROVISIONS decide to revoke the Conditional Use Permit, no findings of fact and conclusions of law shall be made. 5. An aggrieved permit holder or complainant may appeal the decision of the City Council under the Administrative Procedures Act of the State of Idaho, Idaho Code §67-5215(b) through (g). entrance. 2 Subdivision identification signs located within medians shall be a minimum of 20 feet back from the right-of-way line of the perpendicular street. 6/2/05 1 Chapter 5 Article C. SURETY AGREEMENTS CHAPTER 5 ADMINISTRATION ARTICLE C. SURETY AGREEMENTS ARTICLE C. SECTIONS: 11-5C-1: PURPOSE 11-5C-2: APPLICABILITY 11-5C-3: PROCESS 11-5C-4: PENALTY FOR FAILURE TO COMPLETE CONSTRUCTION 11-5C-1: PURPOSE: The purpose of this section is to establish procedures that guarantee the completion of improvements where occupancy of a structure is desired, but the improvements required by the City have not been completed. 11-5C-2: APPLICABILITY: The provisions of this section shall apply only to those improvements that are not needed to protect the public heath, safety and life. Applicable improvements include landscaping, fencing, pressurized irrigation systems and site amenities. The following improvements must be installed and are not eligible for surety: water, sewer, and power facilities; parking lot paving and striping; and street paving. 11-5C-3: PROCESS: A. The City may withhold building, electrical or plumbing permits, certificates of zoning compliance, or certificates of occupancy on the lots or land being developed or subdivided, or the structures constructed thereon, if the improvements required under this Title have not been constructed or installed, or if such improvements are not functioning properly. B. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. C. In the event that an applicant and/or owner cannot complete the non- life, safety and health improvements, such as landscaping, pressurized irrigation, and fencing, within the time specified in the final plat approval or prior to occupancy, a surety agreement may be approved in accord with the procedures set forth in Chapter 5 administration. D. The amount of surety called for shall be equal to not less than 110 percent of the cost of completing the required improvements. The estimated cost shall be provided by the applicant and reviewed and approved by the City Engineer, excluding landscape and fencing sureties. The estimated cost for landscape and fencing sureties shall be provided by the applicant and reviewed and approved by the Director. 6/2/05 2 Chapter 5 Article C. SURETY AGREEMENTS E. The surety shall be in the form of an irrevocable letter of credit or a cash deposit. In all cases the surety shall be drawn solely in favor of, and payable to, the order of the City of Meridian, in accord with the regulations contained in the surety agreement by and between the guarantor and the City of Meridian. F. Where a surety is accepted by the City and deposited as provided by this Article, the City may release temporary occupancy of a structure or structures. The term of the temporary occupancy shall be determined by the City Engineer and/or Director. The term shall not exceed one hundred eighty days (180) in length. G. Where a surety is accepted by the City and deposited as provided by this Article, the surety shall be released subject to the following regulations: 1. The owner shall submit a written request to the City to return the surety. The request shall include the following documents: a. A statement from the owner that the required improvements are complete. b. Two sets of prints of the as-built plans and specifications for all improvements. 2. The City Engineer and/or Director shall verify and certify that the required improvements, as detailed in the surety agreement, have been installed. The as-built plans shall be reviewed and approved by the City Engineer or Director. 3. Upon certification of the City Engineer and/or the Director, the City shall release the sureties heretofore deposited in the manner and to the extent as provided for in the surety agreement in accord with the regulations of this Article. 11- 5C-4: PENALTY FOR FAILURE TO COMPLETE CONSTRUCTION: In the event an applicant and/or owner shall, in any case, fail to complete the public improvements in the time period required, the City Council may proceed to have such work completed and recover the city’s costs by any legal means available, including: foreclosing its lien or, in the event financial guarantees have been required, to pursue the remedies provided by those financial guarantees. 6/2/05 1 Chapter 6 SUBDIVISION REGULATIONS CHAPTER 6 SUBDIVISION REGULATIONS SECTIONS: 11-6-1: PURPOSE 11-6-2: APPLICABILITY 11-6-1: PURPOSE: The purpose of this Chapter shall be to implement a general rule and standards for the subdivision of the land in the Meridian City limits and the Area of City Impact. 11-6-2: APPLICABILITY: A. All subdivision applications shall be administered in accord with Article A. general provisions of this Chapter. B. All subdivision applications shall be processed in accord with Article B. subdivision process of this Chapter. C. All subdivisions shall meet the design standards as set forth in Article C. subdivision design standards of this Chapter. 6/2/05 1 Chapter 6 Article A. GENERAL PROVISIONS CHAPTER 6 SUBDIVISION REGULATIONS ARTICLE A. GENERAL PROVISIONS ARTICLE A. SECTIONS: 11-6A-1: PURPOSE 11-6A-2: APPLICABILITY 11-6A-3: AUTHORITY 11-6A-1: PURPOSE: The purpose of this Chapter shall be to implement a general rule for the subdivision of the land in the Meridian City limits and the Area of City Impact. This Chapter shall be based on the officially adopted Comprehensive Plan of the City and is enacted in order to promote and protect the public health, safety, comfort, convenience, prosperity, and general welfare and to achieve the following objectives: A. To promote the achievement of the proposals of the Meridian Comprehensive Plan; B. To advance the City as a self-sufficient employment and economic center; C. To encourage excellence and creativity in the design of all future developments and to preserve the natural beauty of Meridian. D. To encourage orderly growth and development, to avoid scattered development of land that results in: 1. Lack of water supply, sewer service, drainage, transportation facilities, or otherwise essential public services; or 2. Excessive expenditure of public funds for the supply of such services; E. To provide for desirable and appropriately located living areas and a variety of dwelling types and densities with adequate provision for sunlight, fresh air, and usable open space; F. To provide for the manner and form of making and filing of plats; G. To specify the requirements as to the extent and the manner in which: 1. Roads and streets shall be created and improved; 2. Water and sewer and other utility mains, piping connections, or other facilities shall be installed; 3. Pedestrian pathways consistent with the Comprehensive Plan are to be located and designed; and 6/2/05 2 Chapter 6 Article A. GENERAL PROVISIONS 4. Opportunities for future transit routes and stations are created; H. To protect existing surface waters (Five Mile, Nine Mile, and Ten Mile Creeks) throughout the City; and I. To specify the administration of the regulations of this Chapter by defining the powers and duties of approval authorities. 11-6A-2: APPLICABILITY: These regulations shall apply to the subdivision of all land within the legally defined Meridian City limits and the Area of City Impact. 11-6A-3: AUTHORITY: The Ordinance codified in this Chapter 6 SUBDIVISION REGULATIONS is adopted pursuant to authority granted by Idaho Code §67-6501 et seq. and Idaho Code §50-1301 et seq, and the Idaho Constitution article 12, section 2, as amended or subsequently codified. No subdivision plat required by this Chapter or the Idaho Code shall be admitted to the public land records of the County, or recorded by the County Recorder, until such subdivision plat has received final approval by the City Council and signature of the City Engineer. 6/2/05 1 Chapter 6 Article B. SUBDIVISION PROCESS CHAPTER 6 SUBDIVISION REGULATIONS ARTICLE B. SUBDIVISION PROCESS ARTICLE B. SECTIONS: 11-6B-1: APPLICABILITY 11-6B-2: PRELIMINARY PLAT PROCESS 11-6B-3: FINAL PLAT PROCESS 11-6B-4: COMBINED PRELIMINARY AND FINAL PLAT PROCESS 11-6B-5: SHORT PLAT PROCESS 11-6B-6: REQUIRED FINDINGS 11-6B-7: TERM OF PERMITS 11-6B-8: PROPERTY BOUNDARY ADJUSTMENT 11-6B-1: APPLICABILITY: There are four processes that govern the subdivision of land: preliminary plat, final plat, short plat, and combined preliminary and final plat. The process to be followed will depend on the property, the number of lots created and the type of land use proposed and/or allowed on the property. The four processes apply to all requests for the subdivision of property with the following exceptions: A. A parcel created by court decree that meets the dimensional standards of the district in effect at the date of decree shall be deemed eligible for development. Any parcel created by court decree that does not meet the dimensional standards of the applicable districts in effect at the date of the court decree shall be recognized as a parcel for transfer of ownership; however, the parcel shall not be eligible for development including any building permits for renovation or repair of an existing structure. B. Property boundary adjustments: Adjustment of property lines in accord with Section 11-6B-8 of this Chapter. 11-6B-2: PRELIMINARY PLAT PROCESS: A. Pre-application conference: The applicant shall complete a pre-application conference with the Director or designee prior to submittal of an application for a preliminary plat. The purpose of this meeting is to discuss early and informally the purpose and effect of this Title and the criteria and standards contained herein. B. Neighborhood meeting: In accord with Chapter 5 administration of this Title, applicants are required to hold a neighborhood meeting to provide an opportunity for public review of the proposed project prior to the submittal of an application. C. Application requirements: An application, map requirements, and fees, in accord with Chapter 5 administration of this Title shall be submitted to the Director. At the discretion of the Director or City Engineer, appropriate supplementary 6/2/05 2 Chapter 6 Article B. SUBDIVISION PROCESS information may also be required to sufficiently detail the proposed development within any special development area, including but not limited to hillside, planned unit development, floodplain, cemetery, manufactured home parks, and/or hazardous or unique areas of development. D. Public hearing Requirements: All preliminary plat applications shall comply with the public notice and hearing procedures in accord with Chapter 5 administration of this Title. E. Decision: In accord with Chapter 5 administration of this Title, a decision on a preliminary plat for a parcel of land is made by the City Council based on the recommendations of the Planning and Zoning Commission. 11-6B-3: FINAL PLAT PROCESS: A. Application requirements: After the approval or conditional approval of the preliminary plat, the applicant may cause the total parcel, or any part thereof, to be surveyed and a final plat prepared in accord with the approved preliminary plat. An application and fees, in accord with Chapter 5 administration of this Title shall be submitted to the Director on forms provided by the Planning Department. B. Contents of final plat: The final plat shall include and be in compliance with all items required under Idaho Code §50-1301 et seq. The final plat submittal shall include at least: 1. A written application for approval of such final plat as stipulated by the Commission; 2. Proof of current ownership of the real property included in the proposed final plat and consent of recorded owners of the plat; 3. Such other information as the Director or City Engineer may deem necessary to establish whether or not all proper parties have signed and/or approved said final plat; 4. A statement of conformance with the approved preliminary plat and meeting all requirements or conditions thereof; 5. A statement of conformance with all requirements and provisions of this Title; and 6. A statement of conformance with acceptable engineering, architectural and surveying practices and local standards. C. Director review: 6/2/05 3 Chapter 6 Article B. SUBDIVISION PROCESS 1. Acceptance: Upon receipt of the final plat, and compliance with all other requirements as provided for herein, the Director shall certify the application as complete and shall affix the date of acceptance. 2. Substantial compliance: a. The Director or designee shall review the final plat for substantial compliance with the approved or conditionally approved preliminary plat. The final plat shall be determined in substantial compliance with the preliminary plat, notwithstanding the following changes: iii. The number of buildable lots is the same or fewer; iv. The amount of common open space is increased; v. The amount of open space is relocated with no reduction in the total amount; vi. The number of open space lots has been increased; or vii. The Transportation Authority has required minor changes. b. If the number of buildable lots has increased or there has been an overall reduction in the amount of open space, the final plat shall be determined not to be in substantial compliance with the preliminary plat. If the Director determines that there is substantial difference in the final plat than that which was approved as a preliminary plat or conditions that have not been met, the Director may require that a new preliminary plat be submitted to the Commission. D. Decision on the final plat is made by the City Council in accord with Chapter administration of this Title. Each final plat approval shall indicate the timing of the construction and completion for all improvements and any required amenities associated with the plat. E. Recording of the final plat: Upon approval or approval with conditions by the Council and signature of the City Engineer, the applicant may submit the final plat to the Ada County Recorder for recording. The final plat shall contain the certifications required under Idaho Code §50-1301 et seq. as well as those required by the City of Meridian. 11-6B-4: COMBINED PRELIMINARY AND FINAL PLAT PROCESS: A. Applicability: A subdivision application may be processed as both a preliminary and final plat if all of the following exist: 1. The proposed subdivision does not exceed four (4) lots (excluding landscaping lots); or a previous plat was approved on the subject property; and 6/2/05 4 Chapter 6 Article B. SUBDIVISION PROCESS 2. No new street dedication, excluding widening of an existing street, is required; and 3. No major special development considerations are involved, such as development in a floodplain or hillside development. B. Neighborhood meeting: In accord with Chapter 5 administration of this Title, applicants are required to hold a neighborhood meeting to provide an opportunity for public review of the proposed project prior to the submittal of an application. C. Application requirements: An application, and fees, in accord with Section 11-6B- 3.A of this Chapter shall be submitted. D. Contents of final plat: The final plat shall include all items required in accord with Section 11-6B-3.B of this Chapter. E. Decision: In accord with Chapter 5 administration of this Title, a decision on a combined preliminary and final plat for a parcel of land is made by the City Council based on the recommendations of the Planning and Zoning Commission. A decision on a combined preliminary and final plat for platted land is made by the City Council. 11-6B-5: SHORT PLAT PROCESS: A. Applicability: 1. A subdivision application for property within an industrial, commercial, TN-C or O-T district may be processed as a short plat. if all of the following exists: a. The property is an original parcel of record or a lot in a recorded subdivision. b. The property is not the result of a previous short plat of a parcel and/or the property is not the result of an approved parcel division by Ada County Development Services. c. The proposed subdivision does not exceed four (4) lots (excluding landscaping lots) on property previously platted property or does not exceed two (2) lots (excluding landscaping lots) on a parcel of land, or is the creation of condominium plat; and d. No new street dedication, excluding widening of an existing street is involved; e. There are no impacts on the health, safety or general welfare of the City, and the subdivision is in the best interest of the City. 2. A condominium plat application for property in any district may be processed as a short plat where no new development is proposed. 6/2/05 5 Chapter 6 Article B. SUBDIVISION PROCESS B. Pre-application conference: The applicant shall complete a pre-application conference with the Director or designee prior to submittal of an application for a preliminary plat. The purpose of this meeting is to discuss early and informally the purpose and effect of this Title and the criteria and standards contained herein. C. Application requirements: An application, map requirements, and fees, in accord with Section 11-6B-3.A of this Chapter shall be submitted. D. Decision: In accord with Chapter 5 administration of this Title, a decision on a short plat is made by the Director with recommendation from the City Engineer. 11-6B-6: REQUIRED FINDINGS: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan; B. Public services are available or can be made available and are adequate to accommodate the proposed development; C. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; D. There is public financial capability of supporting services for the proposed development; E. The development will not be detrimental the public heath, safety or general welfare; and F. The development preserves significant natural, scenic or historic features. 11-6B-7: TERM OF PERMITS: A. Failure To submit final plat: Approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. B. Phased development: In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval C. Authorize extension: Upon written request and filed by the applicant prior to the termination of the period in accord with11-6B-7.A. of this section, the Director may authorize a single extension of time to record the final plat not to exceed 6/2/05 6 Chapter 6 Article B. SUBDIVISION PROCESS eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of this Title. D. Failure to meet timetable: If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. 11-6B-8: PROPERTY BOUNDARY ADJUSTMENT: A. Purpose: The purpose of these regulations is to allow for the adjustment of property lines between existing properties, and to allow for the reduction in the number of buildable lots. A property boundary adjustment does not vacate the platted lot lines or easements of a recorded subdivision. B. Applicability: These provisions apply to all existing properties. C. Process: 1. Application. An application and fees, in accord with Chapter 5 ADMINISTRATION OF this Title, shall be submitted to the Director on forms provided by the Planning Department. 2. Upon tentative approval of the application by the Director subject to any applicable conditions of approval and the regulations of Chapter 5 ADMINISTRATION of this Title, the applicant or owner shall have one (1) year to complete the following tasks: a. Cause the property to be surveyed and a record of survey recorded; b. Execute and record the necessary deeds to accomplish the property boundary adjustments as approved; c. Obtain new tax parcel numbers from the Ada County Assessor; and d. Provide copies of the recorded record of survey, recorded deeds, and the new tax parcel numbers to the Director. 3. Upon determination by the Director that the final property boundary adjustment is in conformance with this Article, a certificate of zoning compliance shall be issued. D. Standards: 1. A property boundary adjustment shall not reduce the property size below the minimum dimensional standards prescribed by this Title; or if one or more of 6/2/05 7 Chapter 6 Article B. SUBDIVISION PROCESS the properties is nonconforming as to the minimum dimensional standards prescribed by this Title, the property boundary adjustment shall not increase the nonconformity. 2. A property boundary adjustment shall not increase the original number of properties, and may decrease the original number of properties. 3. A property boundary adjustment shall not change or move any public streets or publicly dedicated areas in any manner. 4. Any private or public easement shall be vacated in accord with the requirements of this Title. 6/2/05 1 Chapter 6 Article C. SUBDIVISION DESIGN AND IMPROVEMENT STANDARDS CHAPTER 6 SUBDIVISION REGULATIONS ARTICLE C. SUBDIVISION DESIGN AND IMPROVEMENT STANDARDS ARTICLE C. SECTIONS: 11-6C-1: PURPOSE 11-6C-2: APPLICABILITY 11-6C-3 STANDARDS 11-6C-1: PURPOSE: The purpose of this Article is to establish minimum design and improvement standards in the subdivision of land to promote the public health, safety, and general welfare of present and future residents, and to provide for coordinated, efficient, and attractive development consistent with the provisions of the Meridian Comprehensive Plan. 11-6C- 2: APPLICABILITY: A. All plats submitted in accord with the provisions of this Chapter, and all subdivisions, improvements and facilities done, constructed or made in accord with said provisions shall comply with the minimum design standards set forth in this Article provided, however, that any higher standards adopted by any Transportation or Health Authority shall otherwise prevail. B. It shall be the responsibility and liability of every applicant, and the owner of the land being subdivided, to construct and install every improvement shown on the plat of the subdivision, represented to be included in the subdivision at any presentation before the Commission or the City Council, and all improvements required by the ordinances of the City specifically including the requirements of this Article, and this responsibility and liability shall be personal to the developer and the owner and shall also run with the land, and this responsibility and liability shall be shown on the plat of the subdivision. 11-6C-3: STANDARDS A. The plat shall comply with all applicable requirements as set forth in Chapter 3 regulations applying to all districts. B. Streets: 1. Dedication: Within a proposed subdivision, arterial and collector streets as shown on the comprehensive plan shall be dedicated to the public in all cases; in general, all other streets shall also be dedicated to public use. 2. Street Specifications: The design, location, and widths of all street and street intersections shall comply with the requirements of the Transportation Authority, unless alternative standards are adopted by the City of Meridian. 6/2/05 2 Chapter 6 Article C. SUBDIVISION DESIGN AND IMPROVEMENT STANDARDS 3. Street Names: The naming of streets shall conform to the requirements of the Ada County Street Name Committee, with the following exceptions: a. The street name shall generally comply with Meridian City Code Section 8-2- 5 DESIGNATION OF STREET NAMES. b. Street names shall not duplicate any existing street name within the county, except where a new street is a continuation of an existing street. c. Street names that may be spelled differently but sound the same as existing streets shall not be used. d. All new streets shall be named as follows: Streets having predominantly north-south direction shall be named "Avenue" or "Road"; streets having a predominantly east-west direction shall be named "Street" or "Way"; meandering streets shall be named "Drive," "Lane," “Terrace,” "Path," or "Trail;" and cul-de-sacs shall be named "Circle," "Court," and "Place". e. For streets that provide primary access to a subdivision or neighborhood and that align with an existing or planned street across an intersection that is not part of the same subdivision or neighborhood, the street name shall not duplicate the name of the subdivision or neighborhood. f. Proposed streets which are a continuation of an existing street shall be given the same name as the existing street. g. Street name signs shall be installed in the appropriate locations at each street intersection. h. The Meridian City Council may approve exceptions to the requirements for street names in accord with subsections a to g above. 2. Cul-de-sacs: No street that ends in a cul-de-sac or a dead end shall be longer than four hundred fifty-feet (450'). C. Driveways: All driveway openings in curbs shall comply with the requirements of the Transportation Authority. D. Common driveways: 1. Maximum dwelling units served: Common driveways shall serve a maximum of four (4) dwelling units. 2. Width standards: Common driveways shall be a minimum of twenty feet (20’) in width. 6/2/05 3 Chapter 6 Article C. SUBDIVISION DESIGN AND IMPROVEMENT STANDARDS 3. Maximum length: Common driveways shall be a maximum of one hundred fifty- feet (150’) in length or less, unless otherwise approved by the Meridian City Fire Department. 4. Improvement standards: Common driveways shall be paved with a surface with the capability of supporting fire vehicles and equipment. 5. Abutting properties: Unless limited by significant geographical features, all properties that abut a common driveway shall take access from the driveway. 6. Turning radius: Common driveways shall be straight or provide a twenty-eight foot (28’) inside and forty-eight foot (48’) outside turning radius. 7. Depictions: For any plats using a common driveway, the setbacks, building envelope, and orientation of the lots and structures shall be shown on the preliminary plat. 8. Easement: A perpetual ingress/egress easement shall be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. 9. Alternative compliance: The Director may approve or recommend approval of alternative design or construction standards when the applicant can demonstrate that the proposed overall design meets or exceeds the intent of the required standards of this Section and shall not be detrimental to the public health, safety, and welfare. E. Easements: 1. Utility easements shall be provided along front lot lines, rear lot lines and side lot lines when deemed necessary by the City Engineer or designee. 2. Total easement width shall not be less than ten feet (10'). F. Blocks: 1. In the residential districts, no block face shall be more than seven hundred fifty feet (750’) in length without an intersecting, street or alley, or no block shall have a length greater than thirteen hundred feet (1,300’) without a pedestrian connection. 2. In the TN-C and TN- R Districts, no block shall be more than five hundred feet (500’) in length without an intersecting street or alley, or no block shall have a length greater than seven hundred feet (700’) without a pedestrian connection. Based on site design constraints or considerations, this requirement may be amended by the Director through the Alternative Compliance procedures set forth in Chapter 5 ADMINISTRATION of this Title. 6/2/05 4 Chapter 6 Article C. SUBDIVISION DESIGN AND IMPROVEMENT STANDARDS G. Reserve strips: Privately held reserve strips controlling access from adjacent lands to public streets shall be prohibited. H. Street buffers on local streets. Street buffers on local streets may be installed at the time of the lot development; installation of such improvements shall not be required at the time of plat approval. 6/2/05 1 Chapter 7 PLANNED UNIT DEVELOPMENTS CHAPTER 7 PLANNED UNIT DEVELOPMENTS SECTIONS: 11-7-1: PURPOSE 11-7-2: APPLICABILITY 11-7-3: PROCESS 11-7-4: STANDARDS 11-7-5: REQUIRED FINDINGS 11-7-6 TIME LIMITS 11-7-7 MODIFICATIONS 11-7-1: PURPOSE: A. The purpose of the Planned Unit Development (PUD) requirements is to provide an opportunity for exemplary site development that meets the following objectives: 1. Preserves natural, scenic and historic features of major importance; 2. Allows for innovative design that creates visually pleasing and cohesive patterns of development; and 3. Creates functionally integrated development that allows for a more efficient and cost-effective provision of public services. B. It is not the intent that the PUD process be used solely for the purposes of deviation from the dimensional standards in the district. 11-7-2: APPLICABILITY: A Planned Unit Development can be developed in any district. 11-7-3: PROCESS: A. Pre-application meeting: The applicant shall complete a pre-application conference with the Director or designee prior to submittal of an application for a planned unit development. The meeting should be held well in advance of the preparation of the planned unit development application. A draft site plan and preliminary plat map (if required) shall be available at the meeting. B. Application Requirements: An application, map requirements, and fees, in accord with Chapter 5 administration of this Title shall be submitted to the Director. 1. At the discretion of the Director and/or City Engineer, appropriate supplementary information may also be required to sufficiently detail the proposed development within any special development area, including but 6/2/05 2 Chapter 7 PLANNED UNIT DEVELOPMENTS not limited to, hillside, planned unit development, floodplain, cemetery, manufactured home parks, or hazardous or unique areas of development. Phasing plans shall be included in the application if the project is to be phased. 2. A site amenity plan shall be provided with the planned unit development application. C. Concurrent review: Concurrent review of other applications may be required as determined by the Director. In cases where subdivision platting would be necessary, concurrent review of preliminary plat is required. D. Public hearing requirements: All planned unit development applications shall comply with the public notice and hearing procedures in accord with Chapter 5 administration of this Title. E. Decision: In accord with Chapter 5 administration of this Title, a decision on a planned unit development is made by the City Council based on the recommendations of the Planning and Zoning Commission. 11-7-4: STANDARDS: The Council may approve planned unit developments, upon recommendation by the Commission, in accord with the following standards: A. General use standards: 1. Deviations from underlying district requirements: Deviations from the development standards and/or area requirements of the district in accord with Chapter 2 DISTRICT REGULATIONS of this Title may be approved. The exception is that along the periphery of the planned development, the applicable setbacks as established by the district shall not be reduced. 2. Allowed uses: Applicant may request that specific conditional or accessory use(s) allowed in the district be allowed as principal permitted use(s). 3. The uses within the planned unit development are interconnected through a system of roadways and/or pathways as appropriate. Private streets and service drives may be permitted, if designed and constructed to the Transportation Authority standards and in accord with Chapter 3 Article F. PRIVATE STREETS of this Title. 4. Buildings shall be clustered to preserve scenic or environmentally sensitive areas in the natural state, or to consolidate small open spaces into larger, more usable areas for common use and enjoyment. B. Private open space: In addition to the common open space and site amenity requirements as set forth in Chapter 3 regulations applying to all districts of this Title, a minimum of eighty (80) square feet of private, usable open space shall be provided for each residential unit. This requirement can be satisfied 6/2/05 3 Chapter 7 PLANNED UNIT DEVELOPMENTS through porches, patios, decks, and enclosed yards. Landscaping, entryway and other access ways do not count toward this requirement. C. Residential use standards: 1. Multifamily: Notwithstanding the provisions of Chapter 2 DISTRICT REGULATIONS of this Title, multifamily dwellings may be an allowed use when approved through a planned unit development. 2. Housing types: A variety of housing types shall be included within a single planned development, including attached units (townhouses, duplexes), detached units (patio homes), single-family and multifamily units, regardless of the district classification of the site, provided that the overall density limit of the district is maintained. 3. Density formula: Residential density in a planned development shall be calculated by multiplying the net residential area (gross acreage less the area of nonresidential uses) by the maximum number of dwelling units per acre allowed for the district in which the site is located. 4. A residential density bonus may be given for dedications of land for public use such as school, park, fire station or recreational facility provided to the public entity by donation or at a cost less than, or equal to, the applicant's predevelopment cost for that land. The bonus shall be proportional to the amount of land being dedicated. For example, if ten percent (10%) of the total property is being dedicated, the density bonus shall be ten percent (10%). However, is no case shall the bonus exceed twenty-five percent (25%) of the units permitted by the district. D. Infill Planned Developments: Properties of five (5) acres or less within the City of Meridian, that are located in areas already substantially developed (at least eighty percent (80%) of the land area within three hundred feet (300’) of the boundaries of the parcel). Upon recommendation of the Commission, the Council may approve exceptions to other sections of this chapter as an incentive for infill development as follows: 1. The decision-making body may allow up to a twenty-five percent (25%) increase in the density permitted for the district in which the site is located. 2. The decision-making body may also waive one or more of the amenity requirements set forth in Section 11-7-4 of this chapter depending on the size and scale of the planned development. E. In approving the planned development, the Council may prescribe appropriate conditions additional conditions, bonds, and safeguards in conformity with this Title that: 1. Minimize adverse impact of the use on other property. 6/2/05 4 Chapter 7 PLANNED UNIT DEVELOPMENTS 2. Control the sequence and timing of the use. 3. Control the duration of the use. 4. Assure that the use and the property in which the use is located is maintained properly. 5. Designate the exact location and nature of the use and the property development. 6. Require the provision for on-site or off-site public facilities or services. 7. Require more restrictive standards than those generally required in this Title. 8. Require mitigation of adverse impacts of the proposed development upon service delivery by any political subdivision, including school districts, which provides services within the City. 11-7-5: REQUIRED FINDINGS: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant a planned development request, the Council shall make the following findings: A. The planned unit development demonstrates exceptional high quality in site design through the provision of cohesive, continuous, visually related and functionally linked patterns of development, street and pathway layout, and building design. B. The planned unit development preserves the significant natural, scenic and/or historic features. C. The arrangement of uses and/or structures in the development does not cause damage, hazard, or nuisance to persons or property in the vicinity. D. The internal street, bike and pedestrian circulation system is designed or the efficient and safe flow of vehicles, bicyclists and pedestrians without having a disruptive influence upon the activities and functions contained within the development, nor place an undue burden upon existing transportation and other public services in the surrounding area. E. Community facilities, such as a park, recreational, and dedicated open space areas are functionally related and accessible to all dwelling units via pedestrian and/or bicycle pathways. F. The proposal complies with the density and use standards requirements in accord with Chapter 2 district regulations of this Title. 6/2/05 5 Chapter 7 PLANNED UNIT DEVELOPMENTS G. The amenities provided are appropriate in number and scale to the proposed development. H. The planned unit development is in conformance with the comprehensive plan. 11-7-6: TIME LIMITATIONS: The time limitations and extensions as set forth for conditional uses in Section 11-5B-6F of this Title shall also apply to planned unit developments. 11-7-7: MODIFICATIONS: The modification provisions as set forth for conditional uses in Section 11-5B-6G of this Title shall also apply to planned unit developments.