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HomeMy WebLinkAboutPart 1 of UDCCITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE AN ORDINANCE REPEALING EXISTING ZONING AND SUBDIVISION REGULATIONS CODIFIED AT TITLE 11 AND TITLE 12 OF THE MERIDIAN CITY CODE; RE-ENACTING A NEW TITLE 11 TO BE KNOWN AS THE UNIFIED DEVELOPMENT CODE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in August 2002, the City of Meridian adopted a new Comprehensive Plan, setting the future course for growth and development in the City of Meridian and the Area of City Impact; and, WHEREAS, the new Unified Development Code will provide an opportunity to better support the Comprehensive Plan and provide a tool that is relevant and contemporary to the needs of the City; and, WHEREAS, a draft of the proposed Unified Development Code was prepared in April 2004 and was thoroughly reviewed and analyzed by a Process Improvement Group consisting of City planning staff, an architect, an engineer, and representatives from the development community; and, WHEREAS, the Meridian Planning and Zoning Commission held two workshops to review the proposed Unified Development Code beginning in February 2005, and also held public hearings on April 18, 2005 and April 25, 2005; and, WHEREAS, the Meridian City Council held public hearings on this matter on July 26, 2005 and August 9, 2005. NOW, THEREOFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 11 of the Meridian City Code is repealed. Section 2. That Title 12 of the Meridian City Code is repealed Section 3. That Title 11 of the Meridian City Code is re-enacted and shall read as presented on the following documents attached to this ordinance and incorporated herein by this reference: and, "City of Meridian Unified Development Code" dated June 02, 2005; Exhibit "A" — List of Proposed changes; and, Exhibit "B" _. Enforcement; and, Exhibit "C" — Private Streets; and, Exhibit "E" — Comprehensive Plan Amendments. (Note that Exhibit "D" has been intentionally deleted from this ordinance). UNIFIED DEVELOPMENT CODE - Page 1 of 3 Section 4. This ordinance shall be in full force and effect or, the 15th day of September, 2005, after its passage, approval and publication. PASSED by the City Council of the City of Meridian, Idaho, this 2005. day of APPROVED by the Mayor of the City of Meridian, Idaho, this 2005. day of APPROVED: MAYOR ATTEST: CITY CLERK UNIFIED DEVELOPMENT CODE - Page 2 of 3 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 05 - PROVIDING FOR THE ENACTMENT OF THE UNIFIED DEVELOPMENT CODE An Ordinance of the City of Meridian repealing existing zoning and subdivision regulations codified at Title 11 and Title 12 of the Meridian City Code and re-enacting a. new Title 11 to be known as the Unified Development Code. The new ordinance embodies the official zoning ordinance of the City of Meridian to provide for orderly growth and development and to carry out the policies of Meridian's Comprehensive Plan. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho, Meridian, Idaho. This ordinance shall become effective on September 15, 2005. City of Meridian Mayor and City Council By: William G. Berg, Jr., City Clerk First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES NO Second Reading. Third Reading: _ STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 05 - The undersigned, Ted W. Baird, Deputy City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 05- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this day of August, 2005. Ted W. Baird Deputy City Attorney UNIFIED DEVELOPMENT CODE - Page 3 of 3 cll'y OF IDAHO uRF.� V,�� **k",r,mE,vSufKiF- v swu 1903 CITY OF MERIDIAN UNIFIED DEVELOPMENT CODE 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 NATURALFEATURES 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 2 6/2/05 6/2/05 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 3 6/2/05 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: 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; Chapter 1 GENERAL REGULATIONS 6/2/05 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. 2 Chapter 1 GENERAL REGULATIONS 6/2/05 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). Chapter 1 GENERAL REGULATIONS 6/2/05 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: Where a district boundary approximately follows a property line, such property line shall be construed as the district boundary. 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 4 Chapter 1 GENERAL REGULATIONS 6/2/05 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. Chapter 1 GENERAL REGULATIONS 6/2/05 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 Chapter 1 GENERAL REGULATIONS 6/2/05 CHAPTER1 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 A detached structure in a residential base district that is incidental and subordinate to the STRUCTURE 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 An advisory group on street naming. NAME COMMITTEE 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, 11-28-2, 11-2C-2 and 11-2D-2, as a principal permitted, conditional, or an accessory use. ALTERATIONS, Any change, other than incidental repairs, which would prolong the life of the supporting STRUCTURAL members of a building or structures, such as bearing walls, columns, beams, and girders. ALTERNATIVE An administrative determination that a specific application achieves or exceeds specific COMPLIANCE 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. Chapter 1 Article A. DEFINITIONS 6/2/05 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 MACHINE (ATM) other signals, including omni -directional or whip, directional or panel, parabolic or dish, and ancillary antennae. ANTENNA, Also known as a whip antenna. Receives and transmits signals in a 360 degree pattern of OMNI -DIRECTIONAL 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 The use of a site or facility for entertainment, spectator sports or recreational activities. The AND RECREATION use includes, but is not limited to: amusement parks, carnivals, motion picture and performing FACILITIES arts theaters, racetracks, sports fields, golf courses, fitness clubs, museums, zoos, marinas, (NAICS CODE 71) 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 A pedestrian -oriented banking device operated by a financial institution for use by its MACHINE (ATM) 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. 2 Chapter 1 Article A. DEFINITIONS 6/2/05 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, The use of a site for the retail sale and service of merchandise used in home and garden GARDEN EQUIPMENT, improvements. The use includes home and garden centers; hardware stores; lawn and garden AND SUPPLIES (NAICS equipment supply stores; paint and wallpaper stores; lumber yards; nursery, garden and farm CODE 444) 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 Official certification that a building and site conform to the provisions of City Codes, including OCCUPANCY appropriate conditions such as a development agreement, and/or conditional use permit. CERTIFICATE OF A document issued by the Director that certifies that the structure or use meets the ZONING COMPLIANCE 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 An establishment that by design and construction is primarily intended for conducting RELIGIOUS WORSHIP 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 §63-6028. 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 A facility owned or operated by an organized association of persons for a social, literary, FRATERNAL political, educational or recreational purpose primarily for the exclusive use of members and ORGANIZATIONS (NAICS their guests; and not primarily operated for profit nor to render a service that is customarily CODE 813) carded on as a business. Chapter 1 Article A. DEFINITIONS 6/2/05 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 COUNCIL CUL-DE-SAC See property, comer. Meridian City Council. 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. 4 Chapter 1 Article A. DEFINITIONS 6/2/05 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 FAMILY ATTACHED subdivision of property, or any change in the use of the land that creates additional demand DWELLING, SINGLE- and/or need for public facilities. DEVELOPMENT A written agreement as a condition of annexation or rezone between the Council and an AGREEMENT owner or applicant concerning the use or development of a property in accord with Idaho TOWNHOUSE Code §67-6511 A and Chapter 5 ADMINISTRATION of this Title. DEVELOPMENT An application for development that requires approval and/or action by the Director, APPLICATION 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 The use of a site primarily for the sale or dispensing of alcohol by the drink or glass. The use ESTABLISHMENT includes, but is not limited, to bar, brewery, lounge, night club, and tavern. DRIVE-THROUGH The use of a portion of a structure where business is transacted, or is capable of being ESTABLISHMENT 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 Any structure, or portion thereof, providing independent living facilities for one family as herein DWELLING UNIT defined, including provisions for living, sleeping, eating, cooking, and sanitation. See Figure 2, of this Title, for types of dwellings. DWELLING, A structure, or portion thereof, that contains three (3) or more dwelling units or apartments, MULTIFAMILY 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- A structure containing two (2) dwelling units attached by a common wall or walls, where each FAMILY ATTACHED dwelling unit is located on a separate property. DWELLING, SINGLE- A detached structure that accommodates a single dwelling. FAMILY DETACHED DWELLING, A structure containing three (3) or more dwelling units attached by common walls where each TOWNHOUSE dwelling unit is located on a separate property. DWELLING, TWO-FAMILY A structure containing two (2) dwelling units attached by a common wall, where both dwelling DUPLEX units are located on the same property. EASEMENT A right of use, falling short of ownership, and usually for a certain stated purpose, as defined by Idaho Code §50-1301. Chapter 1 Article A. DEFINITIONS 6/2/05 EDUCATION The use of a site for education purposes not supported by the State of Idaho. The use INSTITUTION, PRIVATE includes, but is not limited to, elementary and secondary schools; institutions of higher (NAICS CODE 61) learning; professional, technical and trade schools; driving schools; fine arts schools and studios. EDUCATION The use of a site for education supported by the state of Idaho, The use includes, but is not INSTITUTION, PUBLIC limited to, elementary and secondary schools; institutions of higher learning; and vocational FLAG, DECORATIVE schools. (NAICS CODE 61) business identification and/or attract, distract, hold, direct or focus public attention. EMPLOYEE A person employed on the premises by the property owner and receiving not less than SUBSTANCE STORAGE 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, The use of a site for the sale, rental or servicing of tools, trucks, tractors, construction RENTAL AND SERVICES 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 (200/6), 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 The use of a site for lending, exchanging and handling money or currency for customers. The (NAICS CODE 52) 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 An establishment, or portion thereof, wherein combustible substances (as defined by the SUBSTANCE STORAGE 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 Chapter 1 Article A. DEFINITIONS 6/2/05 FLOOR AREA, GROSS The measure of total square footage of habitable space of a structure. FOOD PRODUCTS, PROCESSING The use of a site for producing, manufacturing, processing or storage of food products. The use includes, but is not limited to beverages, (NAILS CODE 311) coffee, ice, snacks, fruits, vegetables, spices, confections and dairy ry products, Excluded uses refining. are animal products, seafood, milling and 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 theproperty,measured along the street from side roe line to side property property rtY 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 Figure 5, of this Title. plane. See 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 6 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 land land being developed. gross area of the 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. Chapter 1 Article A. DEFINITIONS 6/2/05 HEAD-TO-HEAD Placement of sprinkler heads in a rectangular pattern such that one sprinkler head sprays to SPACING 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 HOSPITAL 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 The use of a site for ambulatory health care services. Included in this use are offices of SOCIAL SERVICES dentists; physicians; chiropractors; optometrists; mental health practitioners; physical, IMPACT AREA occupational and speech therapists; audiologists; outpatient care centers; family planning (NAICS CODE 62) centers, medical and diagnostic laboratories, imaging centers, kidney dialysis centers; blood IMPERVIOUS SURFACE and organ banks. HEAVY INDUSTRY See industry, heavy. HEIGHT, WIRELESS The vertical distance measured from finished grade to the top of the pole, structure, or tower, COMMUNICATION including the antenna. FACILITY 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, The use of a site for processing data. The use includes, but is not limited to, publishing INFORMATION industries such as newspapers, books, music, Internet and software; recording and broadcasting studios; data processing centers, call centers, Internet providers and other (NAISC CODE 51) 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 (801/6) 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. Chapter 'I Article A. DEFINITIONS 6/2/05 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 Watering, weeding, pruning, mowing, litter removal, pest control, and removal/repair of MAINTENANCE 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 An establishment that washes large quantities of laundry or dry cleaning for commercial CLEANING 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 Lighting for which the source of light is located in such a manner that the light must travel INTERNAL 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 A multifamily residential development developed exclusively for siting manufactured homes on PARK individual spaces that are rented or leased. MATCHED Sprinklers that are designed to work together on the same irrigation valve to deliver an PRECIPITATION RATES 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, Chapter 1 Article A. DEFINITIONS 6/2/05 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 where there are three (3) or more dwelling units or apartments located on the DEVELOPMENT 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 Abutting properties and any properties separated from the subject property solely by a PROPERTIES roadway or dedicated easement. NONCONFORMING A property that lawfully existed prior to the effective date of this Title, but that does not now PROPERTY conform to the dimensional standards for the district in which it is located. NONCONFORMING SIGN See sign, nonconforming. NONCONFORMING A structure that was lawfully constructed and/or existing prior to the effective date of this Title STRUCTURE 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 Any grounds, structures, greenhouses, or premises in which garden, landscaping, or florist's FARM stock is propagated, grown, stored, or packed for commercial sale, and where the general public may purchase goods. NURSING AND The use of a site for providing assistance to individuals needed to perform the routines of daily RESIDENTIAL CARE life. The use includes, but is not limited to, children's treatment facility, assisted care, skilled FACILITY nursing facility, residential care facility, and drug and alcohol treatment facility. (NAICS CODE 623) 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 An area not fully enclosed that is associated with the use, including storage, equipment, AREA 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. 10 Chapter 1 Article A. DEFINITIONS 6/2/05 PARCEL OF RECORD, A parcel of land that was of record in the Ada County Recorder's office prior to April 2, 1984. ORIGINAL 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 Removal of the existing parking surface done for the purpose of improvement or repair. REPLACEMENT of Chapter 3, Article C. OFF-STREET PARKING AND LOADING REQUIREMENTS of this Title. PARKING LOT, Any change in the configuration, size or distribution of existing painted stripes designed to RESTRIPING create spaces for motorized vehicles. PARKING SPACE, OFF- An area adequate for parking an automobile with dimensions conforming to the requirements STREET 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 PERSONAL AND dimensions of the human body. Design on a pedestrian scale is dimensionally smaller than PROFESSIONAL design intended for vehicular traffic flow. Examples are lighting and other street features that SERVICES 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 The use of a site for the provision of individualized services generally related to personal PROFESSIONAL needs. Personal service uses include, but are not limited to beauty and health care services 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 Property planned as a unit that demonstrates innovation and creativity in site design to protect DEVELOPMENT (PUD) 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. 11 Chapter 1 Article A. DEFINITIONS 6/2/05 PLAT, RECORDED A final plat including certificates, descriptions, approvals and requirements as set forth in PROPERTY BOUNDARY Chapter 6 SUBDIVISION REGULATIONS of this Title and the Idaho Statutes, and recorded with the ADJUSTMENT Ada County Recorder. POWER PLANT 1) An electricity -generating facility regulated by the Federal Energy Regulatory Commission PROPERTY, FLAG 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 The use of land or a structure allowed in a specific district as distinguished from an accessory USE 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 PROPERTY LINE, SIDE of this Title. PROPERTY A lot or parcel as herein defined. PROPERTY BOUNDARY The division for conveyance of a lot or parcel for the purpose of adjusting the boundary ADJUSTMENT 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- The use of a site for a public purpose or public facility, including municipal, state and federal PUBLIC USE 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 The use of a site for a public infrastructure including, but not limited to: 1) power substation, INFRASTRUCTURE electric substation, grid switching site, electric transmission line; 2) water reservoir; and 3) municipal wastewater and treatment facility. 12 Chapter 1 Article A. DEFINITIONS 6/2/05 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, The term personal recreation item shall include, but not be limited to, bus, boat, snowmobile, PERSONAL 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 A premise upon that two (2) or more parking sites are located, established, or maintained for PARK 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 cafe, 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, 13 Chapter 1 Article A. DEFINITIONS 6/2/05 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 Roof sign or projecting sign with no legs or braces that is an integral part of the building BLADE 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 The area comprising the portion of a sign on which copy could be placed, not including the AREA 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 See sign, readerboard. PANEL 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. 14 Chapter 1 Article A. DEFINITIONS 6/2/05 SIGN, DIRECTIONAL A sign that foremost contains words such as "entrance," "enter," "exit," "in," 'but," 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 Temporary signs in nature of decorations, clearly incidental to and customarily associated with DECORATION any national, local or religious holiday. SIGN, ILLUMINATED A sign that uses a source of light for illumination, SIGN, A sign, sign structure, or use of a sign lawfully existing prior to the effective date of this Title NONCONFORMING 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 A. sign that provides general public service information such as time, date, temperature, INFORMATION 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 Any sign that incorporates movement of the structure or any portion thereof. OSCILLATING 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. 15 Chapter 1 Article A. DEFINITIONS 6/2/05 SIGN STRUCTURE Any structure that is specifically designed to support a sign, including decorative cover. SIGN, SUBDIVISION A permanent structure intended to identify a subdivision that incorporates design elements IDENTIFICATION 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, STORAGE FACILITY, message or advertisement and for infrequent and limited time periods, (See Section 11-3D-6 SELF-SERVICE 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 See dwelling, single-family attached. ATTACHED DWELLING Plan for Ada County by the Community Planning Association of Southwest Idaho or the City of SINGLE-FAMILY See dwelling, single-family detached. DETACHED DWELLING 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 The use of a site for the collection and temporary storage of solid waste for subsequent TRANSFER STATION transport to a permanent disposal location. STATE The State of Idaho. STORAGE FACILITIES, The use of a site where equipment, inventory, supplies, or other similar items are stored OUTDOOR including a building with a roof but without walls completely enclosing the building, STORAGE FACILITY, A structure or group of structures with a controlled access and fenced compound that contains SELF-SERVICE 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 1 O, 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. 16 Chapter 1 Article A. DEFINITIONS 6/2/05 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 STRUCTURE 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 Arterial roadways that introduce both visitors and residents to the City of Meridian, as defined CORRIDOR by the City's Comprehensive Plan, STREET FRONTAGE The distance measured along the property line, which fronts upon a street or alley or other SUPER GRAPHICS 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 SWALE, STORMWATER 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, TEMPORARY USE 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 The use of a site where freight brought by truck or rail is transferred. The use may include the TRUCK storage or repair of trucks or rail cars. The use excludes the long-term or permanent storage of freight. THROUGH PROPERTY See property, through. 17 Chapter 1 Article A. DEFINITIONS 6/2/05 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 The Ada County Highway District, the Idaho Transportation Department, the Valley Regional AUTHORITY 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, The classes of trees are defined for the purposes of this Title by the publication Tree Selection CLASS I, II, III 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 The land area within an area of city impact where urban services are available or planned, as PLANNING AREA 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. 18 Chapter 1 Article A. DEFINITIONS 6/2/05 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 The sale, trade, or lease of new or used vehicles in operating condition and any repair work or RENTAL AND SERVICE 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 The use of a site where a vehicle may be washed, waxed, detailed, or vacuumed by the owner FACILITY of the vehicle or employees on the site. VEHICLE WRECKING OR Any area, lot, land, or parcel where two or more vehicles without current registration or two or JUNKYARD 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 The use of a multi story structure for residential and nonresidential uses where the different INTEGRATED uses are planned as a unified, complementary whole and functionally integrated to share RESIDENTIAL PROJECT 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 A structure used primarily for storing materials and/or freight, including, but not limited to, STORAGE goods, wares, merchandise, or vehicles. (NAICS CODE 493) 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 A steel monopole, guy wire tower, lattice tower or other similar structure designed to support COMMUNICATION directional antennae, parabolic dishes or antennae, microwave dishes, in addition to FACILITY associated ground equipment and other similar equipment used in the wireless communications industry. 19 Chapter 1 Article A. DEFINITIONS 6/2/05 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. 20 Chapter 1 Article A. DEFINITIONS CO w Q ti w 0 Q Q Z CO q a 0 w a ay LU crC x U Q lm— LU w U) LU CD z IN Al .I; U) z 0 1= z LU N U_ Q r Q U 6/2/05 FIGURE 2: TYPES OF DWELLING UNITS — Single family detached or manufactured home j ❑ ❑ j (� 1 structure j ❑ j _ J 1 property 1 dwelling unit i...—.,.^_, Duplex 1 structure 1 property j ❑ ❑ a 2 dwelling units Single family attached I I b 1 structure j (0'*" ❑❑❑ j E -J 2 properties j ❑ ❑ j - p 2 dwelling units - Townhouse j j I j b 1 structure j [:3❑ ❑ ❑ ❑ ❑ -13 properties C,❑ ❑ 0 3 or more dwelling units r--- ------ --- r I Multifamily j b 1 structure 1 property ❑ ❑ ❑ ❑ I 0 3 or more dwelling units I j L.-----------.—. 1 Chapter 1 Article A. DEFINITIONS 6/2/05 CHAPTER1 GENERAL REGULATIONS ARTICLE B. NONCONFORMING PROPERTY, USE OR STRUCTURE ARTICLE B. SECTIONS: 11-16-1: PURPOSE 11-113-2: APPLICABILITY 11-113-3: NONCONFORMING PROPERTY 11-1B-4: NONCONFORMING USE 11-1B-5: NONCONFORMING STRUCTURE 11-16-6: VIOLATIONS 11-113-1: 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. 11-113-3: 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: Chapter 1 Article B. NONCONFORMING PROPERTY, USE OR STRUCTURE 6/2/05 A. The nonconforming use may continue as long as the use remains lawful and is not expanded or extended, subject to the following provisions: 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. Chapter 1 Article B. NONCONFORMING PROPERTY, USE OR STRUCTURE 6/2/05 11-1 B-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. Chapter 1 Article B. NONCONFORMING PROPERTY, USE OR STRUCTURE 6/2/05 CHAPTER 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 RESIDENTIAL Map Symbol 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. Chapter 2 DISTRICT REGULATIONS 6/2/05 CHAPTER 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 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 PIC 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. Chapter 2 Article A. RESIDENTIAL DISTRICTS ODENSITY PER ACRE Low-densityresidential district R-2 2 Medium low-density residential district R-4 4 -We-diumdensity 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 PIC 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. Chapter 2 Article A. RESIDENTIAL DISTRICTS ;yra111.7 TABLE 11-2A-2: ALLOWED USES IN THE RESIDENTIAL DISTRICTS 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. 2 Chapter 2 Article A. RESIDENTIAL DISTRICTS IpENitAL 1118" R-15 R•46 Arts, entertainment or recreation facility, outdoors* - C C C Cemetery* - C C C C Church or placeof 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 Stora a facili , outside* A A A A A Storage facili , self-service* A A A A A Temporary use A A A A A Vertical integrated residentialproject* - -- -- C C Wireless communication facility, amateur radio antenna A A A A A Wireless communication facility, stealth - -- - P P *Iridis;40that ark suit atoPot, USE.WANDARDS in +J;iI ince may tib aw in tlx: R-� and R-8 Land U$e OOP included in a Planned Unit 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. 2 Chapter 2 Article A. RESIDENTIAL DISTRICTS 6/2/05 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. 3 Chapter 2 Article A. RESIDENTIAL DISTRICTS 14*1XIN 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: 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: 4 Chapter 2 Article A. RESIDENTIAL DISTRICTS 6/2/05 TABLE 11-2A-3: DIMENSIONAL STANDARDS FOR THE R-2 DISTRICT .S`FANPARD REQUIREMENT Minimum ro ert 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/sto Street setback" 20 Collector 25 Maximum building height in feet 35 Minimum living area insquare feet 1,500 Minimum ground floor area for multisto units insquare feet 800 ', alrelling uni( , ea$ured front back a(' idewaik., 25 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 Irl`FJ1M71AI1 REQUIREMENT Minimum property Size /DU' insquare 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 hei ht in feet 35 Minimum livinginsquare feet Detached 11400 Attached 800 Minimum qround floor area for multi stoy units insquare feet 800 unit hilted from back of Wealk: 5 Chapter 2 Article A. RESIDENTIAL DISTRICTS 6/2/05 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 114 STANDARD REQUIREMENT Minimum property Size /DU* insquare feet 2,400 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* 25 4,000 Any comer-PToperty 10 5,000 Minimum street frontage—SF detached DU n feet Side setback 4 with garage facing street 50 Maximum building height in feet with shared driveway or alley loaded garage 40 40 Minimum street frontage—SF attached & two-family du lex 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 ding, unit Ingle family rad from W.of W 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 '' "DARD REQUIREMENT Minimum property Size /DU* insquare 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 *Wdw ting unik cured from hack 6 Chapter 2 Article A. RESIDENTIAL DISTRICTS yND197 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 1 1'ORQ `i.` -. "" 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 * f17-:dwelllhg unit" ****red from back of ' idewak 7 Chapter 2 Article A. RESIDENTIAL DISTRICTS 6/2/05 CHAPTER DISTRICT REGULATIONS ARTICLE B. COMMERCIAL DISTRICTS ARTICLE B. SECTIONS: 11-28-1: PURPOSE 11-2B-2: ALLOWED USES 11-213-3: STANDARDS 11-2121-1: 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 OISTRICT ALLOWED USES LV , LOCATION NEIGHBORHOOD BUSINESS SMALL SCALE CONVENIENCE ACCESS TO ARTERIAL OR DISTRICT -(C -N) COLLECTOR COMMUNITY BUSINESS LARGER SCALE AND BROADER ACCESS TO ARTERIALS OR DISTRICT (C -C) MIX OF RETAIL, OFFICE, AND NONRESIDENTIAL COLLECTORS SERVICE USES GENERAL RETAIL AND SERVICE LARGEST SCALE AND CLOSE PROXIMITY AND/OR COMMERCIAL DISTRICT (C -G) BROADEST MIX OF RETAIL, ACCESS TO INTERSTATE OR OFFICE, SERVICE, AND LIGHT ARTERIAL INTERSECTIONS INDUSTRIAL USES LIMITED OFFICE DISTRICT (L-0) OFFICE CENTERS AND ACCESS TO ARTERIAL OR ADAPTIVE REUSE OF COLLECTOR RESIDENTIAL STRUCTURES 11-2B-2: ALLOWED USES: Table 11-281-2 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. Chapter 2 Article B. COMMERICAL DISTRICTS 6/2/05 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 uat G -N (C C -G L-0 Animal care facilit * P P P C Artist studio* P P P Arts, entertainment or recreation facili , indoors* P P P C Arts, entertainment or recreation facility, outdoors* C P P -- Arts, entertainment or recreation facility, outdoor C C sta a or music venue 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, famil * 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, ublic* 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 Laund and dry cleaning C P - Mortuary C P P Nursery or urban farm* C P P C Nursin 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 I P P 2 Chapter 2 Article B. COMMERICAL DISTRICTS 6/2/05 11-26-3: STANDARDS: The standards for all development in the commercial districts shall be as follows: A. Dimensional standards: Table 11-213-3 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. 3 Chapter 2 Article B. COMMERICAL DISTRICTS 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 *Inds ' Oogs.that are subjeOt, ta,swift use.90ards in accord w 4,, 11-26-3: STANDARDS: The standards for all development in the commercial districts shall be as follows: A. Dimensional standards: Table 11-213-3 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. 3 Chapter 2 Article B. COMMERICAL DISTRICTS 6/2/05 TABLE 11--28-3: DIMENSIONAL STANDARDS IN THE COMMERCIAL DISTRICTS DIEN I ,NAL STANDAR ",,,." :,P, '.: C*N C -G i:' wC-G L-0 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 Entyway 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 insquare 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 re uirements "i ll,*Wk5 6h0l1 be,rneasureq ,, ate righ"f--way for tho, ;pdass"on as shown on the adopted 7 dr►Plan. ,; ,„'�k.only alloi�d:;4M"tt';existing residarttial'�� i t jscent prdp i. is i *, C hector shall d6* tii#i,t)1 ti9 aep pro, y designation based on ristve Plan. i Mari:. 2. Encroachments allowed in any setback: Fire escapes may project a distance not exceeding one (1) foot. 3. Maximum height ILimit: 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. 4 Chapter 2 Article B. COMMERICAL DISTRICTS [IMOR 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. Chapter 2 Article B. COMMERICAL DISTRICTS 6/2/05 [N:/_liIII :I:&a 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. Chapter 2 Article C. INDUSTRIAL DISTRICTS 6/2/05 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 2 Chapter 2 Article C. INDUSTRIAL DISTRICTS 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 Cemete * C Church or place of religious worship* C C Contractor'syard* 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 facili * A/C A/C Fuel sales facility, truck stop* C C Industry, information* P Industry, light* P P Industry, heavy* P/C Launda and dry cleaning P P Mortuary P Nursery or urban farm* C Parkinq 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 2 Chapter 2 Article C. INDUSTRIAL DISTRICTS 6/2/05 11-2C-3: STANDARDS: A. Dimensional standards: 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 777 '777 pltWEN91,t)lV/ Lsi I 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 impoundyard* P P Vehicle repair, major* P P Vehicle repair, minor* P P Vehicle sales or rental and service* P —Parking requirements 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 its S that are W*0 W"0to SKG FIG USE STANDARDS in ac 0nt,, t4I tar 4. 11-2C-3: STANDARDS: A. Dimensional standards: 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 777 '777 pltWEN91,t)lV/ Lsi I i -LAN W 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 buffer to non -industrial uses in feet 25 I -L and 40 I -H —Landscape Maximum building height in feet 50 —Parking requirements See Chapter 3 Article C Landscaping requirements See Chapter 3 Article B shall be rr+ RS("d f00( -uPtim night -of -way f0itho s owsification as shown on the A ronSpOrMon Floq. Chapter 2 Article C. INDUSTRIAL DISTRICTS 6/2/05 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. 4 Chapter 2 Article C. INDUSTRIAL DISTRICTS 6/2/05 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 (0-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 Chapter 2 Article D. TRADITIONAL NEIGHBORHOOD DISTRICTS 6/2/05 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 0 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 Dwellin , sinqle-farnily detached P I C P Dwelling, townhouse P I P P 2 Chapter 2 Article D. TRADITIONAL NEIGHBORHOOD DISTRICTS 6/2/05 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 Chapter 2 Article D, TRADITIONAL NEIGHBORHOOD DISTRICTS 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 Parkinq facilitv 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 residentialproject* P P P Wireless communication facility, amateur radio antenna A A A Wireless communication facility, stealth P/C P/C P/C *l sJuies that are su ' t[� SIC f3SE STANDARDS in t►8 ti3r.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 Chapter 2 Article D, TRADITIONAL NEIGHBORHOOD DISTRICTS 6/2/05 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. 4 Chapter 2 Article D. TRADITIONAL NEIGHBORHOOD DISTRICTS 1;000141 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: 5 Chapter 2 Article D. TRADITIONAL NEIGHBORHOOD DISTRICTS 612105 TABLE 11-2D-1: DIMENSIONAL STANDARDS IN THE TN -R DISTRICT ' "0IMSNSIONA4"$TANdiAROS SY TYPE OF DWRzi.Llf, I TN -R 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 Cin 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 ;dVullin�. unif �: ,„"I��surec# flnm ba¢k-sidlkv 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: 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 Chapter 2 Article D. TRADITIONAL NEIGHBORHOOD DISTRICTS 6/2/05 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. 1 Chapter 3 REGULATIONS APPLYING TO ALL DISTRICTS 6/2/05 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. Chapter 3 Article A. STANDARD REGULATIONS IN ALL DISTRICTS 6/2/05 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 2 Chapter 3 Article A. STANDARD REGULATIONS IN ALL DISTRICTS 6/2/05 EDGE OF DRIVEWAY "'f 0 20' EDGE OF ROAD PROPERTYWO LINE t t i t SIGHT TRIANGLE Mic � t ao R PROJECTED INTERSECTION EDGE OF ROAD 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. 3 Chapter 3 Article A. STANDARD REGULATIONS IN ALL DISTRICTS 6/2/05 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. 4 Chapter 3 Article A. STANDARD REGULATIONS IN ALL DISTRICTS 101MIN 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 11-313-12 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. 5 Chapter 3 Article A. STANDARD REGULATIONS IN ALL DISTRICTS 6/2/05 10. See Section 11-3A-6.13.1 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 1-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 Chapter 3 Article A. STANDARD REGULATIONS IN ALL DISTRICTS Figure 4: Fence regulations ti'. - II. 6/2/05 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. "I C0 0 E P 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. 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. Pathways shall have easements at least fifteen feet (15') in width in accord with Section 11-36 landscaping requirements of this Title. 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. Micro pathways shall comply with the landscaping requirements in accord with Chapter 3 Article B landscaping requirements. 7 Chapter 3 Article A. STANDARD REGULATIONS IN ALL DISTRICTS 6/2/05 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: 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. Chapter 3 Article A. STANDARD REGULATIONS IN ALL DISTRICTS 6/2/05 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 9 Chapter 3 Article A. STANDARD REGULATIONS IN ALL DISTRICTS 12YiY1aUl•'i 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. 10 Chapter 3 Article A. STANDARD REGULATIONS IN ALL DISTRICTS \II \til 1 •'•, •;� i' 4' w�re,,,.�<,•ax,�„ •�9'try�,9p.' s'p ----- 'r - N„r., ., ,n 414 _"_ T why-� ....... a,sNr.r.......,„ a�r�ip„ .l \ .: '}^..4r, •S \ol + ,.xM.ib� � -An,uai.. r4nx�^r' '��� �"hyue,, r, ,:.# 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. 10 Chapter 3 Article A. STANDARD REGULATIONS IN ALL DISTRICTS 6/2/05 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 11 Chapter 3 Article A. STANDARD REGULATIONS IN ALL DISTRICTS 6/2/05 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 (6), 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 12 Chapter 3 Article A. STANDARD REGULATIONS IN ALL DISTRICTS 6/2/05 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. 13 Chapter 3 Article A. STANDARD REGULATIONS IN ALL DISTRICTS 6/2/05 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 fagade, 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. 14 Chapter 3 Article A. STANDARD REGULATIONS IN ALL DISTRICTS 6/2/05 3. Parking Lots: No more than seventy percent (70%) of the off-street parking area for the structure shall be located between the front fagade 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. 15 Chapter 3 Article A. STANDARD REGULATIONS IN ALL DISTRICTS 6/2/05 C. All development shall be connected to the City of Meridian water and sewer systems, unless otherwise approved by the City Engineer. 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. 16 Chapter 3 Article A. STANDARD REGULATIONS IN ALL DISTRICTS 6/2/05 CHAPTER 3 REGULATIONS APPLYING TO ALL DISTRICTS ARTICLE B. LANDSCAPING REQUIREMENTS ARTICLE B. SECTIONS 11-313-1: PURPOSE 11-313-2: APPLICABILITY 11-313-3: APPLICATION REQUIREMENTS 11-3B-4: APPLICATION PROCESS 11-313-5: STANDARDS AND INSTALLATION 11-36-6: IRRIGATION STANDARDS 11-3B-7: LANDSCAPE BUFFERS ALONG STREETS 11-313-8: PARKING LOT LANDSCAPING 11-313-9: BUFFERS BETWEEN LAND USES 11-3B-10: TREE PRESERVATION 11-3B-11: STORMWATER INTEGRATION 11-313-12: MICROPATH LANDSCAPING 11-313-13: 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. Chapter 3 Article B. LANDSCAPING REQUIREMENTS 6/2/05 11-36-2: 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. 11-36-4: APPLICATION PROCESS: A. A preliminary landscape plan review is recommended prior to submission for all developments, but is not required. 2 Chapter 3 Article B. LANDSCAPING REQUIREMENTS 6/2/05 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: I. 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. 11-38-5: 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 Ty"Pol" 1F ItIMMUM SIZE Shade Trees: Two inch T caliper minimum Omamental Trees: Two inch T caliper minimum Evergreen Trees: Six foot 6' hei ht minimum Woody Shrubs: Two 2gallon 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. Chapter 3 Article B. LANDSCAPING REQUIREMENTS 6/2/05 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: A TABLE 11-38-2: REQUIRED NUMBER OF TREES AND SPECIES REWIRED NUM 'Of TJ�1=ES "MUM NUMBER OF SPECIES 5 to 10 z 11 to 30 3 31 to 50 q more than 50 5 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. 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. 4 Chapter 3 Article B. LANDSCAPING REQUIREMENTS 6/2/05 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. Chapter 3 Article B. LANDSCAPING REQUIREMENTS 6/2/05 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 Chapter 3 Article B. LANDSCAPING REQUIREMENTS 6/2/05 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: 7 Chapter 3 Article B. LANDSCAPING REQUIREMENTS FIGURE 7: TREE SPACING Examples: x (X+—Y).8 Minimum'h-ee Spacing. Examples: Minimum TIrce Spacing. 5. Landscaping within right-of-way: (40+40).8 12' Min Spacing (4%15).8 = 22' Min Spacing 6/2/05 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. 8 Chapter 3 Article B. LANDSCAPING REQUIREMENTS 6/2/05 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 11-313-11. of this Article. Other stormwater detention and retention facilities shall not be permitted in the street buffer, except along 1-84. 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. Chapter 3 Article B. LANDSCAPING REQUIREMENTS 6/2/05 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. 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. 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 10 Chapter 3 ArtiCle B. LANDSCAPING REQUIREMENTS 6/2/05 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-0 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. 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. 11 Chapter 3 Article B. LANDSCAPING REQUIREMENTS 6/2/05 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- (6) 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. 11-38-10: 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. 12 Chapter 3 Article B. LANDSCAPING REQUIREMENTS 6/2/05 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 (6). 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. 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. 13 Chapter 3 Article B. LANDSCAPING REQUIREMENTS 19-911DR 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 11-313-7 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. 11-313-12: MICRO PATHWAY LANDSCAPING: 14 Chapter 3 Article B. LANDSCAPING REQUIREMENTS 6/2/05 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 11-313-3.1-1. 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. 15 Chapter 3 Article B. LANDSCAPING REQUIREMENTS 6/2/05 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. 11-36-14: 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. .1 Installation schedule: 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. 16 Chapter 3 Article B. LANDSCAPING REQUIREMENTS 6/2/05 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: 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. 17 Chapter 3 Article B. LANDSCAPING REQUIREMENTS 6/2/05 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. Chapter 3 Article C. OFF-STREET PARKING AND LOADING REQUIREMENTS 6/2/05 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 11-313-8 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. 2 Chapter 3 Article C. OFF-STREET PARKING AND LOADING REQUIREMENTS 6/2/05 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 Q PARKING, ANAL ' ; ' ; T):L WI TH, ��" ,, ±. "DNE .WAY DRIVE AISLE** 0° (parallel) 9'-0" 23'-0" 12'-0" 45° 10'-0" 15-0" 134" 60° 9'-0" 18-0" 17'-0" 90° 9'-0" 19'-0" 25'-0" *"stalls designe#fo vehicles may be reduced -he;a minloui of " laet;V). 1 Iti *th. FIGURE 8: PARKING SPACE AND DRIVE AISLE DESIGN 4M D 8 Angled Parking 00 Degree Parking 0 Degree Parking one -Way Drive Aisle Two -Way Drive Aisle One -Way Drive Aisle Improvements. 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. 3 Chapter 3 Article C. OFF-STREET PARKING AND LOADING REQUIREMENTS 6/2/05 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: 4 Chapter 3 Article C. OFF-STREET PARKING AND LOADING REQUIREMENTS 6/2/05 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 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. 5 Chapter 3 Article C. OFF-STREET PARKING AND LOADING REQUIREMENTS A KING SPACES* Dwelling, multifamily 1 bedroom 2 per dwelling unit,1 in enclosed garage more than 1 bedroom 2 per dwelling unit in an enclosed garage age -restricted elderly housing .5 per dwelling unit Dwelling, secondary 1 per dwelling unit Dwelling, single-family attached 1 bedroom 2 per dwelling unit, 1 in enclosed garage more than 1 bedroom 2 per dwelling unit in an enclosed garage Dwelling, single-family detached 2 per dwelling unit in an enclosed garage Dwelling, townhouse 1 bedroom 2 per dwelling unit,1 in enclosed garage more than Ibedroom 2er dwelli nq unit in an enclosed garage Dwelling, two-family duplex 1 bedroom 2 per dwelling unit,1 in enclosed garage more than 1 bedroom 2 per dwellinq unit in an enclosed ara e ")he size of the gar >req i d fpr dwelling units shall ext ft dimensions and shall t at least ten by tu+ my feet (","Q, "X 201 for a one, sp a tl my by twenty feet (20'X 20) fpr a m. game. 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. 5 Chapter 3 Article C. OFF-STREET PARKING AND LOADING REQUIREMENTS IS -9014i 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 % mile of the use; or b. There is an incentive program for carpooling, van pooling, or transit supported by the employer. 6 Chapter 3 Article C. OFF-STREET PARKING AND LOADING REQUIREMENTS 6/2/05 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 __w%yQo rr r*, A•t� 1 KE D 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 Twe 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. 7 Chapter 3 Article C. OFF-STREET PARKING AND LOADING REQUIREMENTS 6/2/05 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. Chapter 3 Article C. OFF-STREET PARKING AND LOADING REQUIREMENTS A JFXIR CHAPTER 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 11-30-7: 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 D E F Regulate signs that will be compatible with the building, site conditions and land uses the signs are intended to identify. 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. Set forth procedures that will facilitate the efficient processing of sign applications. Establish design criteria that will promote attractive and effective signs for Meridian residents, businesses, employees and visitors. 1 Chapter 3 Article D. SIGN REQUIREMENTS