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11-3D-2: APPLICABILITY:
A. Except as otherwise provided in this Chapter, it shall be unlawful for any
person to erect, construct, enlarge, move or convert any sign in the City, or
cause the same to be done, without first obtaining a sign permit through the
Planning and the Building departments. A permit shall not be required for a
change of copy on any sign, nor for the repainting, cleaning or other normal
maintenance or repair of a sign or sign structure for which a permit has
previously been issued in accord with this Code, provided that the sign or
sign structure is not altered in any way. See Figure 9 (previous page) for an
illustration of common sign types.
B. Super Graphics: Super graphics, as defined in Chapter 1, Article A
definitions of this Title are not regulated by this Code.
C. Classification and Status of Existing Signs: Signs in existence prior to
February 6, 2001, will fall under one of the three (3) following classifications
and be subject to procedures and actions as described:
1. Conforming: A sign that conforms to the requirements of this Article. These
signs may remain and continue to be governed according to this Article.
2. Nonconforming:
a. Any sign that does not conform to the requirements of this Article, but
which was legally erected in either of the following circumstances:
i. a valid permit was issued for the sign prior to the adoption of this
Code; or
ii. the sign required no permit but was a legal sign prior to the adoption
of this Code.
b. No temporary sign, prohibited sign, or sign for an illegal use shall be
eligible for "nonconforming" status.
c. A nonconforming sign shall lose its nonconforming status if:
i. There is a change of background area constituting fifty percent (50%)
or more of the total existing sign background area;
ii. The sign is moved to a position that violates this Article; or
iii. The sign cabinet or supporting structure is replaced; or
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Chapter 3 Article D. SIGN REQUIREMENTS
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iv. A new or additional sign, including reader boards, is provided for the
business using the nonconforming sign; or
v. There is a change in the use of the property on which the sign is
located; or
vi. There are alterations or enlargements to the site or building on the
property in excess of twenty-five percent (25%) or more of the
existing site or building. The amount of alterations shall be
cumulative overtime; or
vii. The legal nonconforming sign has been damaged to the extent of
more than fifty percent (50%) of its reproduction value.
viii. The sign is abandoned; see Section 11-3D-5 of this Article.
d. Upon occurrence of any of the above events, a nonconforming sign shall
lose its legal status. Thereafter, the sign owner shall remove the sign
within sixty (60) days, unless he/she is able to bring it into compliance
with this Code.
3. Illegal: Any sign that does not conform to the requirements of this Article
and for which a permit was never legally issued and that cannot meet the
requirements of a legal nonconforming sign. Illegal signs will be enforced
under the provisions of Sections 11-3D-10 and 11-3D-11 of this Article.
D. Public hearing notice signs as required by Section 11 -5A -5D of this Title
shall be exempt from the provisions of this Article.
11-3D-3: PROHIBITED SIGNS: The following types of signs are prohibited in
all districts:
A. Private signs within public right-of-way or upon city -owned property. (This
does not prohibit the Transportation Authority or City from placing signs on
the property.)
B. Pennants, strings of lights, ribbons, streamers, spinners, twirlers or
Propellers, balloons, bubble machines and similar devices of a carnival
nature.
C. Signs which because of color, wording, design, size, movement, location or
illumination resemble or conflict with any traffic -control device or with the
safe and efficient flow of traffic.
D. Signs that emit any sound, odor or visible matter.
E. Abandoned nonconforming Signs. (See Section 11 -3D -5.A)
2 Chapter 3 Article D. SIGN REQUIREMENTS
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F. Roof signs.
G. The parking of any idle vehicle or trailer on any property for more than 72
hours, any part of which is located within 35 feet of a public right-of-way, and
which has affixed to it a sign which is intended to attract or direct customers
to a business which is on or near the property. This prohibition is not
intended to apply to a fleet vehicle(s) which leaves the premises during the
hours of the business operation.
H. Strobe, revolving or flashing lights.
1. Reader boards in all residential districts, except as approved through the
Conditional Use Permit process for nonresidential uses.
1. Off -premise signs, except as permitted in Sections 11 -3D -6A6, 11 -3D -8D,
and 11 -3D -8H.
K. Signs for illegal uses.
11-3D-4: PROCESS:
A. Application for sign permit:
1. An application and fees, in accord with Chapter 5 ADMINISTRATION of this
Title, shall be submitted to the Director on forms provided by the Planning
Department.
2. The application shall contain such information as may be required by the
Building Code in accord with Title 7 of the Meridian City Municipal Code
and all appropriate regulations of the City.
3. Fees for sign permit applications shall be paid to the Building Department
at the time of sign permit issuance. Fees for temporary signs requiring
permits shall be paid to the Planning Department.
B. Effect of issuance: No permit for a sign issued hereunder shall be deemed to
constitute permission or authorization to maintain an unlawful sign nor shall
any permit issued hereunder constitute a defense in an action to abate an
unlawful sign.
C. Inspection markings:
1, All permanent signs regulated by this Article shall be marked with the sign
permit number. This marking shall be permanently placed on the exterior
face of the sign or the support structure in a location where the information
will be readily visible, legible, and accessible for inspection after
installation and erection.
Chapter 3 Article D. SIGN REQUIREMENTS
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2. All temporary signs regulated by this Article shall attach the permit issued
by the Planning Department to the temporary sign in a visible manner and
accessible for inspection.
D. Inspection. The Director and/or Building Inspector are hereby empowered to
enter or inspect, upon notification of the property owner or manager, any
building, structure or premises in the City on which or in connection with
which a sign is located, for the purpose of inspection of the sign, its
structural and electrical connections, and to ensure compliance with the
provisions of this Code. Such inspections shall be carried out during
business hours, unless an emergency exists.
E. Maintenance. The Director shall have the authority to order the repair or
structural alteration for safety of signs that present a hazard to the public.
F. Signs declared hazardous: Upon finding that any sign endangers public
safety by reason of inadequate maintenance, dilapidation or abandonment,
the Director may declare the sign hazardous. The Director shall send the
owner written notice that the sign has been declared hazardous, specifying
the reasons why the sign endangers public safety, and order that the sign be
repaired or removed by the owner within thirty (30) days. If a sign
determined to be hazardous presents an immediate and serious danger to
the public, it may be immediately removed by the City without prior notice
and the removal costs charged to the owner.
G. Time limitations: Every sign permit issued by the City shall become null and
void if erection or construction on-site is not commenced within one (1) year
from the date the permit was issued. If work authorized by such permit is
suspended or abandoned for one year any time after the work is
commenced, a new permit shall be obtained
11-3D-5: GENERAL STANDARDS: The following requirements shall apply to
signs in all districts:
A. Abandoned nonconforming signs: Except as otherwise provided in this
Code, any sign located on property that pertains to a time, event, business,
or purpose which no longer applies to that property and has been
continuously vacant for a period exceeding six (6) months shall be deemed
as abandoned. A nonconforming abandoned sign is prohibited and shall be
immediately removed upon notice by the City or brought into full compliance
by the owner of the sign or owner of the property.
B. Abandoned conforming signs: Except as otherwise provided in this Code,
any sign located on property that pertains to a time, event, business, or
Purpose which no longer applies to that property and has been continuously
vacant for a period exceeding six (6) months shall be deemed as
abandoned. Conforming abandoned sign structures may remain. However,
the business name panels shall be removed immediately. Such signs shall
be maintained in an aesthetically pleasing manner according to the
standards in Paragraph C of this section.
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C. Sign Maintenance and Repair:
1. All signs shall be continually maintained in a state of good appearance,
security, safety and repair throughout their life. Nothing in this code shall
relieve the owner or user of any sign or owner of property on which a sign
is located from maintaining the sign in a safe condition and in a state of
good repair.
2. Maintenance requirements include, but are not limited to, the following
situations:
a. Any metal pole covers and sign cabinets shall be kept free of rust and
rust stains;
b. Any internally illuminated sign cabinets or sign panels that have been
damaged shall remain unilluminated until repaired;
c. All abandoned signs shall either install blank opaque panels or reverse
the existing panels to avoid exposing any internal illumination;
d. Any signage that has been damaged to such extent that they may pose a
hazard to passersby shall be repaired or removed immediately.
D. Blanketing of signs: No freestanding permanent sign shall be erected in the
same horizontal plane with other signs unless spaced at least twenty-five
feet (25') apart.
E. Signs adjacent to residential districts:
1. Any freestanding sign located on a commercial or industrial property that is
adjacent to a residential district and shares the same street frontage shall
be set back to meet the front setback requirements of the adjoining
residential district.
2. No sign background or area facing the side or rear property line of an
abutting residential district shall be located within fifty feet (50') of such
side or rear property line.
3. Animated signs and/or signs using direct lighting shall be prohibited within
one hundred feet (100') of any residential district. Distance shall refer to
the linear measurement in either direction on the street to which the sign
faces only.
4. No sign shall be designed or located such that more than one-half ('/)
foot-candle of light fall occurs at ground level at the property line of a
residential district.
F. Clear vision triangles: Signs shall not be permitted in the clear vision triangle
5 Chapter 3 Article D. SIGN REQUIREMENTS
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as set forth in Section 11-3A-5 clear vision triangle of this Title.
G. Street -ground elevation differences: If a street elevation to which the sign is
oriented is more than the grade elevation at the base of the sign structure,
then the street elevation shall be used in determining the permitted height of
signs erected upon the ground. This provision shall apply only to
freestanding signs.
H. Utility power lines:
1. Signs shall be located in such a way that they maintain horizontal and
vertical clearance of all overhead electrical conductors in accord with
National Electric Safety Code specifications, as reviewed and determined
by the local power company.
2. Applicants are required to contact the local electric company before
erecting a sign nearer than twenty-five feet (25') of electric power lines.
3. No sign shall be placed within a power line easement without approval of
the holder of such easement.
Design:
1. Sign supports: The intent of this Section is to prohibit bare pylons and/or
mono poles, except in the 1-84 Overlay and Freeway Interchange Overlay
for signs over thirty-five feet (35') in height. All other pole support
structures shall be constructed with pole covers that meet the following
standards:
a. Covering shall be designed to fully enclose the pole(s).
b. Paint or wraps shall not be permitted types of covering. Vinyl or similar
materials that complement the sign background area may be allowed on
sign supports for sign ten feet (10') or less in height when such covering
meets or exceeds the intent of this Section, as determined by the
Director.
c. Special decorative elements such as sculptured metal, wrought iron or
other aesthetically pleasing materials that are incorporated into the
support structure design and do not fully enclose the structure may be
allowed, as determined by the Director when they meet or exceed the
intent of this Section.
2. Signs shall incorporate design and building materials that complement the
architectural theme of the building for which the sign identifies. For
permanent signs, architectural appurtenances or other decorative
elements that do not contain copy are allowed up to a maximum of fifteen
percent (15%) of the district's allowable sign height.
Chapter 3 Article D. SIGN REQUIREMENTS
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J. Landscape base requirement: All freestanding signs shall be set entirely
within a landscaped area having at least the same square footage as the
background area of the sign.
K. Street address:
1. All freestanding signs, except as otherwise approved for residential
subdivisions, shall include the street address(es) of the subject property.
2. The placement of the street address on the sign shall be in addition to any
address required to be placed on the building, unless otherwise authorized
by the Meridian Fire Department.
3. Numbering shall be a minimum of three and one-half inches (3.5") tail and
be of a contrasting color.
4. Street addresses shall not be included in the calculation for sign
background area, except for those portions that exceed five (5) square
feet.
5. On multitenant signs, addresses shall be included with the planned sign
program application.
6. Signs that identify multiple buildings and/or addresses may provide a
range of addresses.
11-3D-6: STANDARDS FOR TEMPORARY SIGNS:
A. General standards for all temporary signs:
1. Where applicable, temporary signs shall be removed upon expiration of
the allowed or permitted display period.
2. All temporary signs shall be securely fastened to the ground or to a
permanent structure, or the temporary sign shall be mounted upon a
permitted device. Signs shall be erected in a manner that does not create
a potential hazard of any kind. The attachment line and balloon (or other
sign) shall not exceed eighty percent (80%) of the horizontal distance to
the nearest overhead power line. For example, an inflatable sign with a
forty -foot (40') lead must be at least fifty feet (50'), (40' x 80%) from any
power line, measured in a horizontal distance.
3. No temporary sign shall be internally or externally illuminated.
4. No temporary sign shall be located within a public right-of-way, except as
Permitted under Section 11-3D-6.0 and where the applicant has written
approval from the Transportation Authority.
7 Chapter 3 Article D. SIGN REQUIREMENTS
6/2/05
5. All temporary signs shall be weatherproofed and kept in a state of good
appearance, safety, and repair. Any damaged or potentially hazardous
sign shall be repaired or removed immediately.
6. The following additional standards shall apply to temporary signs that
require a permit as set forth in the Section 11 -3D -6C of this Article.
a. A temporary sign permit may be obtained through the Planning
Department for thirty (30), sixty (60), or ninety (90) day time periods.
In no instance shall a temporary sign requiring a permit be
displayed for more than ninety (90) days per year per business.
ii. A permit must be obtained for every new temporary sign to be
displayed.
iii. If a permitted sign is removed for any portion of the permitted
time period, the time shall be forfeited and shall not accrue or be
added to the allowable display period for a temporary sign. For
example, if a business owner obtains a permit for ninety (90)
days for a banner sign, that would be the only temporary sign
allowed that year. Even if that business owner were to remove
the banner sign after thirty (30) days, that business would not be
eligible for an additional sixty (60) days of display time for a
temporary sign.
b. The temporary sign permit shall be attached to the approved sign so that
it is visible from the nearest public right-of-way.
c. All signs to be placed on private property shall obtain the written consent
of the property owner and file that consent with the Planning Department
prior to issuance of a permit.
B. Temporary Signs Not Requiring a Permit: The temporary signs listed below
do not require a permit, provided that the construction, placement and use of
the temporary signs are in conformance with all applicable standards of this
Article.
Construction signs shall be allowed, provided that such signs are erected
no more than thirty (30) days prior to the beginning of construction for
which a valid building permit has been issued, are confined to the site of
construction, and are removed five (5) days after completion of
construction and prior to occupancy. Construction sign shall be a
maximum of thirty-two (32) square -feet in area, unless legally required by a
governmental contract to be larger, (See Tables 11-3D-1 through 11-3D-9
for other standards related to constriction signs.)
2. Holiday decoration signs are allowed, provided that such signs are erected
no more than thirty (30) days prior to the official holiday and are removed
8 Chapter 3 Article D. SIGN REQUIREMENTS
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five (5) days after said holiday. Such decorations shall comply with the
standards in Section 11 -3D -6.A.
Temporary sign in residential districts are allowed, provided that such
signs are no more than six (6) square feet in area and no more than one
(1) temporary sign is displayed per property. If the sign pertains to an
event, the sign shall be removed within five (5) days after said event.
Events shall include, but not be limited to an election, home sale, garage
sale, seasonal event, birth announcement and similar events associated
with a residential district.
4. Temporary window signs are allowed in nonresidential districts, provided
that the temporary signs shall not exceed twenty five percent (25%) of the
window area, and the combined total copy are of temporary and
permanent window signs shall not exceed twenty five percent (25%) of the
total window area per building elevation.
5. Handheld signs are allowed.
C. Temporary signs requiring a permit: The following signs may be allowed
upon issuance of a permit from the Planning Department.
1. Street Banners stretched over public property that pertain to civic affairs
and that meet the following standards:
a. The Director shall determine that the banner pertains to a civic affair.
b. No banner shall be allowed over public property for a longer period than
fourteen (14) days.
c. A substantial rope at least one inch (11") in diameter shall be used as the
main support for banners and two and one-half inches (2'/") ropes shall
be used for securing each lower corner. The banner shall have sufficient
wind holes. Wire cable, metallic rope or other material capable of
conducting electricity shall not be used to secure the banner.
2. Searchlights that meet the following standards:
a. The searchlight is used by a business once annually for a maximum
period of seven (7) consecutive days, or for purposes of the grand
opening of a new business or a business under new management for a
maximum period of seven (7) consecutive days.
b. In no case shall the beam of the searchlight flash against any building or
sweep an arc greater than forty-five (45) degrees from vertical.
3. Balloons and other inflated devices and other temporary signs that exceed
the freestanding sign height allowances for the district, provided that such
balloons, devices and signs meet the following standards:
Chapter 3 Article D. SIGN REQUIREMENTS
6/2/05
a. No more than one (1) such sign or device is allowed per business per
year.
b. The sign or device is securely fastened to a permanent structure or
device.
c. No mylar, electricity or other power -conducting material is used in the
construction of the sign or device.
d. The sign or device is no greater than one and one-half (1'/) times the
maximum building height within the district.
4. Temporary sign in nonresidential districts that meet the following
standards:
a. A maximum of one (1) such sign shall be displayed per business at any
one time and a maximum of three (3) such signs per property.
b. The background area for temporary banner signs shall not exceed five
percent (5%) of the wall area on which the banner is fastened or three
percent (3%) if the same wall has a permanent wall sign.
c. The background area for all other temporary signs shall not exceed
sixteen (16) square feet.
d. The sign(s) shall not be attached to the support structure of a
freestanding sign, and shall comply with the permanent sign setback
requirements.
11-3D-7: STANDARDS FOR PERMANENT SIGNS ALLOWED WITHOUT A
PERMIT:
A. Directional or public service information signs. Directional signs shall be no
greater than four (4) square feet in area and no more than four feet (4') in
height. If business identification is used, then it shall be secondary in all
aspects to the primary use of these signs for directional purposes as
defined.
B. Conventional flags, emblems or insignia of any national or political
subdivision or corporation.
C. Governmental signs for the control of traffic or other regulatory purposes, or
signs of public service companies indicating danger, that are erected by or
on the order of a public officer in the performance of public duty.
D. House numbers and name plates.
E. Signs located within the interior of any building or structure that are not
10 Chapter 3 Article D. SIGN REQUIREMENTS
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visible from the public right-of-way.
F. "No Trespassing" or "No Dumping" signs that do not exceed one -one-half
(1%) square feet in area per sign and that do not exceed one (1) per one -
hundred feet (100') of the perimeter of the property. Special permission may
be obtained from the Director for additional signs where hazardous
nuisance conditions exist. or public
G. Memorial signs or tablets, names or buildings and date of erection that are
cut into masonry surface or inlaid so as to be part of the building.
H. Occupant wall signs not to exceed one (1) for each dwelling unit indicating
the name of the occupant, or the location or identification of a home or
Professional office except as limited by the district encompassing the use.
Plaques or nameplate signs of not more than two and one-half (2 '/) square
feet in area that are fastened directly to a building.
Public signs required or specifically authorized for a public purpose by any
law, statute or ordinance, that may be of any type, number, area, height
above grade, location, illumination or animation as required by the law,
statute or ordinance under which the signs are erected.
K. Historical signs or markers.
L. Permanent window signs (where such signs are allowed), provided that
permanent signs shall not exceed twenty-five percent (25%) of the window
area, and the combined total copy area of temporary and permanent window
signs shall not exceed fifty percent (50%) of the total window area.
M. Signs in the display windows of a business that are incorporated in a display
of merchandise and not attached to the window glass.
N. Religious symbols, commemorative plaques of recognized historical
agencies, or identification emblems of religious orders or historical agencies,
provided that no such symbol plaque or identification emblem shall exceed
four (4) square feet in area, and provided further that all such symbols,
plaques and identification emblems shall be placed flat against a building.
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Chapter 3 Article D. SIGN REQUIREMENTS
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0. Signs warning the public of the existence of danger, of a size as may be
necessary to be removed upon subsidence of danger. Such signs shall not
contain advertising material.
P. Any sign that is oriented only to the property on which it is located and is not
visible from the public right-of-way.
11-3D-8: STANDARDS FOR PERMANENT SIGNS ALLOWED WITH A
PERMIT: The following regulations apply in correlation with the sign types listed in
Tables 11-3D-1 through 11-3D-9 in this Section.
A. Rent, lease and sale Signs: the regulations in Sections 11 -3D -6.A.6 and 11-
3D -6.A.10 shall also apply.
B. Construction signs: the regulations in Section 11 -3D -6.A.2 shall also apply.
C. Freestanding signs (Single Building): In addition to the provisions of Tables
11-3D-1 through 11-3D-9, the following standards shall apply to all
freestanding signs not part of a planned sign program:
I. Number allowed: No building occupied by a single tenant may be signed
with more than one (1) freestanding sign unless the sign is sited on a
second public street frontage of the lot, or approved as a directional sign.
For single tenants on property in excess of ten (10) acres or more, the
Director may approve additional freestanding signs not exceeding four (4)
feet in height through the alternative compliance procedure in accord with
Chapter 5 ADMINISTRATION of this Title.
2. Maximum height and background area: The sign height and background
area shall be as provided in Tables 11-3D-1 through 11-30-9.
3. Setbacks and location: In all districts, no part of the sign, including the
footing, shall be located closer than five feet (51) from the side and rear
Property lines, unless greater separation is required. In commercial and
industrial districts, no part of the sign, including the footing, shall be
located closer than one foot (1') from the front property line. In residential
and office districts, the setback shall be a minimum of five feet (5') from the
front property line. (See Sections 11 -3D -5E and 11 -3D -5F for other
setback requirements.)
4. Illumination: Signs may utilize direct, indirect or internal lighting, except
that the use of direct lighting in or adjacent to residential districts is
prohibited.
Wall signs: In addition to the provisions of Tables 11-3D-1 through 11-3D-9,
the following standards shall apply to all wall signs:
1. Area: For wall signs oriented to a public street, the sign shall not exceed
eighteen percent (18%) of wall area (up to a maximum of seventy-five (75)
Chapter 3 Article D. SIGN REQUIREMENTS
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square feet in office districts). For wall signs not oriented to a public street,
the sign shall not exceed nine percent (9%) of wall area. 'Wall Area" shall
mean the wall surface of a single -tenant structure or the storefront of a
multitenant structure. When a combination of wall and freestanding signs
are used on a single site, the total area for wall signs oriented to a public
street shall be reduced by fifty percent (50%).
2. Height: No wall sign shall exceed the height of the wall face.
3. Number allowed: Each business with exterior frontage in office,
commercial or industrial districts or as otherwise approved as part of a
Planned Development shall be permitted wall signs. The combined area of
all signs on a single wall shall not exceed the allowable percentage.
4. Lighting: Direct illumination signs are prohibited.
5. Animation, flashing lights, and revolving signs are prohibited as wall signs.
6. The design of the sign, including color scheme, shall be compatible with
the wall face. Illuminated wall signs shall be designed in accord with
Sections 11-3D and 3E. No illuminated wall sign shall be visible from any
adjacent residential structure.
Projecting Signs:
1. Location: Projecting signs are prohibited in all districts except O -T and TN -
C or as approved under a planned sign program.
2. Maximum background area: The maximum background area shall be five
percent (5%) of building face facing a local
District, up to a maximum street within the Old Town
of fifteen (15) square feet; fifteen percent (15%)
in other districts where such signs are allowed. When both projecting and
wall signs are utilized, the allowable area for each sign type is to be
reduced by fifty percent (50%).
3. Projection above building height: No projecting sign shall ever project
above the building roof line.
4. Vertical clearance: The minimum clearance over public rights-of-way or
private walkways shall be eight feet (8').
5. Lighting: projecting signs shall have either direct or indirect lighting
sources.
6. Number allowed: Where permitted, no more than one (1) projecting sign
per business shall be allowed.
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Chapter 3 Article D. SIGN REQUIREMENTS
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7. Projection from wall: Projecting signs shall have a maximum projection of
ten feet (10') or to within two feet (2') of the face of the curb, whichever is
less.
F. General interest directional signs: Except as otherwise provided, sign
regulations governing erection of non -accessory directional signs at street
intersections and other appropriate locations by City of Meridian for direction
to places of general interest such as colleges, auditoriums, fairgrounds,
hospitals, airports, parks, playgrounds, and other places are to be treated as
public service information signs and regulated as such.
G. Billboards.
Existing billboards may be allowed to relocate with a Conditional Use
Permit if the new site is approved based on the findings and criteria set
forth in Paragraphs 2 and 3 of this Section.
2. Existing off -premise signs of the billboard category may be replaced
structure for structure,
3. The Planning and Zoning Commission and City Council shall make all of
the following findings in permitting a billboard relocation:
a. That the location and placement of the sign will not endanger motorists
or pedestrians and does not interfere with the clear vision triangle at
street, railroad, or street -driveway intersections.
b. That the sign will not cover or blanket any prominent view of a structure
or fagade of historical or architectural significance.
C. That the sign will not obstruct views of users of adjacent buildings to side
yards, yards, or to nearby open space. This requirement does not
include views of distant vistas.
d. That the sign will not negatively impact the visual quality of a public open
space such as a recreation facility, square, plaza, courtyard and the like.
e. That the height of the sign is compatible with the heights of buildings in
the immediate area of three hundred feet (300') radius from sign. Where
the view of the sign is obstructed by a building or buildings on the same
or adjacent properties, or where the view to the business or businesses
located on the same or adjacent properties would be obstructed by the
placement of the sign, the height of the sign may not exceed the height
of the building on the same or adjacent property by more than twelve feet
(12'). For safety reasons the minimum clearance of a sign shall never be
less than eight feet (8'). Height of signs located in undeveloped areas; an
area where no buildings are within three hundred feet (300') shall not
exceed twenty-two feet (22') above grade.
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Chapter 3 Article D. SIGN REQUIREMENTS
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f. That the sign's lighting will not cause hazardous or unsafe driving
conditions for motorists and will not glare, reflect, or spill onto adjacent
business or residential area.
H. Reader boards:
1. Automatic
a. Animation and/or automatic reader boards are prohibited on all signs in
Residential, L -O, C -N, C -C, O -T, TN -C, and TN -R districts.
b. In C -G, I -L and I -H districts, animation is allowed for a maximum of thirty
percent (30%) of the sign background area.
c. Public middle school and high schools shall be allowed one (1) on -
premise animated sign where the animation is a maximum of thirty
percent (30%) of the sign background area, regardless of the zone in
which the school is located. The Director may approve an alternative off -
premise location where it provides better information to the community.
In no case shall more than one (1) animated sign be allowed.
d. Direct light sources shall not exceed forty (40) watts or sixty (60)
milliamps. No part of the sign structure shall physically move. No part of
the sign shall flash or strobe. Flashing and/or animated signs are
prohibited within one hundred feet (100') of any residential district.
e. All animated signs that are visible from a public street shall be
programmed as follows:
i. Text messages that are longer than the display area and do not
contain any graphics shall scroll in a consistent and predictable
manner.
ii. In all other displays, including but not limited to graphics, letters
and/or numbers, each display shall remain unchanged for a minimum
of five (5) seconds, including unchanged color and brightness,
2. Manual reader boards are allowed for a maximum of fifty percent (50%) of
the sign background area.
Subdivision Identification Signs: In addition to the provisions of Tables 11-
3D-1 through 11-3D-9, the following standards shall apply to all subdivision
identification signs:
1. Within the R2, R4, R8, and TN -R Districts:
15 Chapter 3 Article D. SIGN REQUIREMENTS
6/2/05
a. Two (2) subdivision identification signs are allowed per entrance only if
the subdivision entrances are a minimum of 1,320 feet apart and signs
are on different sides of the entrance.
b. If the subdivision entrances are less than 1,320 feet apart, as measured
from centerline to centerline, then only one (1) subdivision identification
sign is allowed per entrance.
c. Subdivision identification signs located within medians shall be a
minimum of 20 feet back from the right-of-way line of the perpendicular
street.
2. Where a center sign is on the same street frontage as the subdivision
identification sign, the background area of the existing center sign shall be
subtracted from the allowable background area for the subdivision
identification sign.
3. Subdivision identification signs shall only identify the subdivision or
development name. Such signs shall not identify any businesses, tenant,
or developer names.
11-3D-9: PLANNED SIGN PROGRAM: In addition to the provisions of Tables
11-3D-1 through 11-3D-9, the following standards shall apply to all signs within a
planned sign program:
A. Purpose: The purpose of a planned sign program is to establish consistent
sign criteria tailored to multibuilding and/or multitenant developments. The
intent is to provide for flexible sign criteria that promotes superior design
through architectural integration of the site, buildings and signs. If approved,
a planned sign program may allow for increases to the background area,
height, and other standards for wall signs.
B. Applicability:
All developments in commercial, office or industrial districts comprising
more than one (1) principal building on a property shall apply for a planned
sign program.
2. All developments in commercial, office or industrial districts with more than
one (1) tenant per building and proposing more than one wall sign per
elevation shall apply for a planned sign program.
3. Existing developments that do not have a planned sign program shall be
required to apply for a planned sign program when the first tenant in the
project requests a change of sign background area as defined in this
Article. Thereafter, all subsequent changes of sign face in the project shall
be required to conform to the approved planned sign program.
16 Chapter 3 Article D. SIGN REQUIREMENTS
6/2/05
4. Planned sign programs may not be used by individual buildings or
developments to increase the size, dimensional, or other standards of the
district.
C. Process:
1. The planned sign program shall be filed with the Director and shall specify
standards for consistency among all signs within the development.
2. The approval of a planned sign program shall be required prior to issuance
of a building permit.
3. The installation of any sign may occur only after a planned sign program
has been submitted, reviewed and approved by the Director.
4. Thereafter, a sign that conforms to the approved planned sign program
may be permitted by the Director.
5. Approval of a planned sign program does not waive the permit
requirements for individual signs. In cases of existing sites that have no
approved planned sign program, all signs shall be regulated in
conformance with all other sections of this Title until such time as a
planned sign program is submitted, reviewed and approved.
D. Standards:
1. Signs shall incorporate materials, colors and a design motif that is
compatible with and complements the architectural theme and style of the
building or complex for which the sign identifies. Sign designs shall reflect
a common theme and incorporate similar design elements in terms of
materials, letter style, illumination, sign type and sign shape.
2. One (1) primary freestanding sign, hereinafter referred to as center sign,
shall be allowed per the subject area of the planned sign program unless
otherwise restricted by Section 11 -3D -$I, Subdivision Identification Signs.
One additional center sign shall be allowed per one thousand feet (1,0001)
of street frontage or any portion thereof. The one -thousand feet (1,000')
shall be cumulative for corner lots. For example, a corner lot with four
hundred feet (400') of frontage on one street and five hundred feet (500')
of frontage on a second street shall only be allowed one (1) enter sign
because the combined total street frontage is less than one thousand feet
(1,000').
a. In addition to the center sign, one (1) secondary freestanding sign for
each building within the development is permitted, with size and
background area in accord with Tables 11-3D-1 through 11-3D-9,
provided that no sign exceeds a height of ten feet (10') and background
area of seventy (70) square feet.
17 Chapter 3 Article D. SIGN REQUIREMENTS
6/2/05
Where there is a subdivision identification sign on the same street
frontage as the center sign, the background area of the subdivision
identification sign shall be subtracted from the allowable background
area for the center sign.
3. Wall signs are permitted in any number, location, or orientation, except
toward an adjoining residential property, provided that the total square
footage does not exceed eighteen percent (18%) of the wall face upon
which the sign is placed, or nine percent (9%) of the wall if combined with
a freestanding sign on the same lot.
4. Sign height and placement shall be consistent throughout the development
site.
5. After approval of a planned sign program, no signs shall be constructed
except in conformance with such plan. Upon approval, the sign program
shall apply to all existing and future tenants. This planned sign program
shall be included in the lease for each individual tenant. Proof of said
inclusions shall be submitted to the Planning Department by the property
owner.
11-3D-10: SIGN STANDARDS 13Y DISTRICT:
A. Signs shall conform to the dimension, location, and other standards
specified in Tables 11-3D-1 through 11-3D-9.
B. Allowable sign size exchange for corner property in all districts: In all
districts, land abutting more than one public street shall be allowed its quota
of signs on each street and up to twenty percent (20%) of the permitted sign
size quota on any street may be deducted there from and added to the
second street frontage.
C. 1-84 sign overlay: There shall be an 1-84 Sign Overlay located within an area
three hundred feet (300') from and parallel to the right-of-way line of 1-84 on
both the north and south sides of the interstate. Freestanding signs and wall
signs within the 1-84 sign overlay shall comply with the following standards:
I. Wall signs: See Table 11-3D-7 for specific standards. Only one (1) wall
sign oriented to 1-84 shall be allowed per business, or per tenant in a
building that is occupied by two or more tenants. However, not more than
two (2) freeway -oriented wall signs shall be allowed on any single building
or structure.
2. Maximum freestanding sign height: A freestanding sign located within the
1-84 sign overlay shall not exceed forty (40) feet in height.
3. Maximum background area: A freestanding sign located within the 1-84
sign overlay shall be one (1) square foot of sign area per linear foot of
18 Chapter 3 Article D. SIGN REQUIREMENTS
19
6/2/05
freeway frontage up to a maximum of on -hundred fifty (150) square feet for
single building signs and three hundred (300) square feet for center signs.
4. Spacing: The minimum distance between freestanding signs within the I-
84 sign overlay is five hundred feet (500').
5. Subdivision identification signs oriented to the freeway are permitted within
the 1-84 sign overlay, but the sign support shall be designed with a
foundation, pedestal or other non -pole design structure and be compatible
with the residential subdivision.
D. Freeway interchange sign overlay: A Freeway Interchange sign overlay shall
be established by this Article. Figures 10 through 12 graphically depict the
overlay boundaries. The intent of this overlay is to allow businesses located
near an 1-84 interchange the option of increased sign visibility and height.
Freestanding signs and wall signs within the Freeway Interchange Sign
Overlay shall comply with the following standards:
1. Wall Signs: All wall signs on buildings with 1-84 frontage shall comply with
the standards set forth in Section 11 -3D -9.C.1. All other wall signs shall
comply with the standards set forth in Section 11 -3D -8E.
2. Maximum Freestanding Sign Height: A freestanding sign located within the
Freeway Interchange Sign Overlay shall not exceed forty feet (40') in
height.
3. Maximum Background Area: A freestanding sign located within the
Freeway Interchange Sign Overlay shall be allowed a sign background
area no greater than one hundred twenty (120) square feet for a single
building and three hundred (300) square feet for a center sign.
4. Location: All freestanding signs using the increased sign height allowed by
the overlay shall be entirely located within the freeway interchange sign
overlay boundaries. If only a portion of a property falls within the overlay
boundary, the sign shall be located within said portion in compliance with
all other setback requirements of this Title. If the sign cannot comply with
other setback requirements, the sign shall meet the sign standards for the
base district.
5. Spacing: The minimum distance between freestanding signs within the
freeway interchange sign overlay is forty (40') feet.
Chapter 3 Article D. SIGN REQUIREMENTS
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FIGURE 10: 1-84 FREEWAY SIGN OVERLAY
Chapter 3 Article D. SIGN REQUIREMENTS
6/2/05
FIGURE 11: 1-84/MERIDIAN ROAD INTERCHANGE SIGN OVERLAY
Chapter 3 Article D. SIGN REQUIREMENTS
6/2/05
FIGURE 12: 1-84/EAGLE ROAD INTERCHANGE SIGN OVERLAY
Chapter 3 Article D. SIGN REQUIREMENTS
6/2/05
CHAPTER
REGULATIONS APPLYING TO ALL DISTRICTS
11-3E-3: PROCESS: The applicant shall obtain a Certificate of Zoning
Compliance for any temporary use.
11-3E-4: GENERAL STANDARDS:
A. Time period:
1. Except as otherwise defined in this section, a temporary use is allowed for
a specified period not exceeding twelve (12) months from issuance of
Certificate of Zoning Compliance.
2. For seasonal stands or events, the Certificate of Zoning Compliance shall
specify a beginning and end date.
B. Location:
1 Chapter 3 Article E. TEMPORARY USE REQUIREMENTS
ARTICLE E. TEMPORARY USE REQUIREMENTS
ARTICLE E.
SECTIONS:
11-3E-1:
PURPOSE
11-3E-2:
APPLICABILITY
11-3E-3:
PROCESS
11-3E-4:
GENERAL STANDARDS
11-3E-5:
STANDARDS FOR FIREWORKS STANDS
11-3E-6:
STANDARDS FOR SUBDIVISION MODEL HOME/REAL ESTATE SALES
OFFICES
11-3E-7:
STANDARDS FOR CONSTRUCTION SITES
11-3E-8:
STANDARDS FOR SEASONAL SALE OF AGRICULTURAL AND FOOD
PRODUCTS
11-3E-9:
STANDARDS FOR ARTS, ENTERTAINMENT OR RECREATION EVENTS
11-3E-10:
STANDARDS FOR VENDORS NOT ASSOCIATED WITH AN ARTS,
ENTERTAINMENT OR RECREATION EVENT
11-3E-11:
STANDARDS FOR PROMOTIONAL ACTIVITIES IN THE NONRESIDENTIAL
DISTRICTS INVOLVING THE SALE OF GOODS AND MERCHANDISE WHERE IT
IS ACCESSORY TO THE PRINCIPALLY PERMITTED USE.
11-3E-1:
PURPOSE: The regulations of this Article are intended to allow for
the temporary
or seasonal uses that support community events and celebrations,
or
uses of a limited duration that are accessory to a primary use.
11-3E-2:
APPLICABILITY: The regulations of this Article shall apply to all
temporary uses in all districts with the exception that special events and seasonal
activates that
are conducted as part of an education facility shall be deemed
accessory uses.
11-3E-3: PROCESS: The applicant shall obtain a Certificate of Zoning
Compliance for any temporary use.
11-3E-4: GENERAL STANDARDS:
A. Time period:
1. Except as otherwise defined in this section, a temporary use is allowed for
a specified period not exceeding twelve (12) months from issuance of
Certificate of Zoning Compliance.
2. For seasonal stands or events, the Certificate of Zoning Compliance shall
specify a beginning and end date.
B. Location:
1 Chapter 3 Article E. TEMPORARY USE REQUIREMENTS
6/2/05
1. Structures and/or the display of merchandise shall comply with the setback
requirements of the district within which it is located.
2. Temporary structures and merchandise shall be displayed so as not to
interfere with the clear vision triangle. In no case shall items be displayed,
or business conducted within the public right-of-way, unless otherwise
authorized by the Transportation Authority.
C. Structures:
1. A maximum of one (1) structure shall be allowed and may cover a
maximum of five hundred (500) square feet.
2. The use shall not result in the construction of any permanent structures
that would not otherwise be permitted subject to the regulations of this
Title.
3. Any temporary structures shall be portable and completely removed at the
end of the allowed time period.
4. The applicant shall obtain any necessary building permits.
D. Caretaker unit:
1. One (1) caretaker unit in a trailer or recreational vehicle maybe allowed on
the site only for the purposes of security and maintenance of the site.
2. The unit shall be completely removed at the end of the allowed time
period.
E. Parking and access:
1. Adequate off-street parking shall be provided to serve the use.
2. The use shall not displace the required off-street parking spaces or loading
areas of the principal permitted uses on the site.
3. The entrance and exit drives shall be designed to prevent traffic hazards
and nuisances.
4. All surfaces used for parking shall be constructed with paving, vegetative
cover or of dustless material.
F. Signs. All signs erected in association with the use shall be in compliance
with the regulations for signs, Chapter 3, Article D sign requirements of the
Meridian City Municipal Code.
2 Chapter 3 Article E. TEMPORARY USE REQUIREMENTS
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G. Noise: Compressors, fans, pumps, and other motorized equipment shall be
located or shielded to reduce noise levels to adjoining properties.
H. Site conditions:
1. The site shall be returned to a clean condition after the termination of the
use, including free of debris and garbage.
2. Unsold food products, trees, greens, or debris generated by the use shall
be properly disposed off the site.
Unobstructed sidewalk: If a private sidewalk or pedestrian way in front of the
building is used for the temporary use, a minimum width of four (4) feet shall
remain unobstructed for pedestrian use.
Conditions: The Director may require additional conditions to mitigate
adverse effects on surrounding properties, particularly regarding traffic
generated, compressor and pump noise, odor, light and glare, dust, and
hours of operation. The conditions may include, but not be limited to, any or
all of the following:
1. Standards related to the emission of noise, vibration, and other potentially
objectionable impacts.
2. Limits on time of day for the conduct of the specified use, including
deliveries and maintenance.
3. Other standards necessary to protect the public health, safety, and welfare
and mitigate adverse effects on surrounding property.
K. The use shall comply with any guidelines, regulations and permitting process
required by any authorizing public agencies, including but not limited to, the
Central District Health Department, Transportation Authority, and Meridian
City Departments.
11-3E-5: STANDARDS FOR FIREWORKS STANDS:
A. The use shall be prohibited in residential districts.
B. The applicant or owner shall obtain written approval of the Meridian City Fire
Department,
C. Dates of fireworks sales shall comply with Idaho Code §39-2606.
D. Applicant shall comply with the standards for access as determined by the
Transportation Authority.
Chapter 3 Article E. TEMPORARY USE REQUIREMENTS
6/2/05
E. Parking areas shall be paved, in vegetative cover, or improved with a
dustless material.
11-3E-6: STANDARDS FOR SUBDIVISION MODEL HOME/REAL ESTATE
SALES OFFICES:
A. The sales office shall be located on a lot within a subdivision or planned unit
development.
B. The principal use of the sales office shall be the sale of lots and/or dwellings
within the development.
C. The sales office shall meet the construction standards for commercial
occupancy and obtain all necessary permits as required by the Building
Code in accord with Title 7 of the Meridian City Municipal Code.
D. When required, the applicant or owner shall obtain a building permit to
convert the sales office to a dwelling or shall remove the sales office within
30 days of the sale or rent of the final lot or space.
11-3E-7: STANDARDS FOR CONSTRUCTION SITES:
A. New development shall contain construction debris on-site and prevent wind-
blown debris from entering neighboring properties.
B. Temporary buildings, construction trailers, equipment and materials may be
permitted in any district during the period construction work is in progress.
Such temporary facilities or equipment shall be removed within 60 days of
completion of the construction work.
11-3E-8: STANDARDS FOR SEASONAL SALE OF AGRICULTURAL AND
FOOD PRODUCTS:
A. The provisions of this title shall apply to holiday tree lot, snow cone shack,
pumpkin sale stand, produce stand, and similar uses as determined by the
Director.
B. The use shall be prohibited in residential districts.
C. Such sales are limited to a period of time not to exceed two (2) consecutive
months for pumpkin and Christmas tree sales, and four (4) consecutive
months per calendar year for other uses. Christmas tree lots shall be
removed by the 1 st day of January.
D. Applicant shall comply with the standards for access as determined by the
Transportation Authority.
4 Chapter 3 Article E. TEMPORARY USE REQUIREMENTS
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E. Parking areas shall be paved, in vegetative cover, or improved with a
dustless material.
11-3E-9: STANDARDS FOR ARTS, ENTERTAINMENT OR RECREATION
EVENT:
A. Events, such as festivals, carnivals, circuses, fairs, and amusement rides
may be allowed in any nonresidential district for a period not to exceed two
(2) weeks within any ninety- (90) day period.
B. The Meridian City Police Department shall approve the location and access
for any use in this category.
C. Vendors shall obtain a City of Meridian Vendor License.
11-3E-10; STANDARDS FOR VENDORS NOT ASSOCIATED WITH AN
ARTS, ENTERTAINMENT OR RECREATION EVENT:
A. The applicant shall provide notarized consent of the property owner.
B. The use shall be prohibited in Residential Districts.
C. Vendor shall obtain City of Meridian Vendor License.
D. No caretaker unit shall be allowed.
E. Signs shall only be allowed on the vending units and shall not exceed
sixteen (16) square feet in area.
F. No direct sales to customers in vehicles shall be allowed. The design and
placement of the units shall prohibit such sales. (Vendors with drive -up
windows must be in a structure and shall be processed as a conditional use
in accord with Chapter 5 administration of this Title.)
G. The 12 -month approval period shall be evaluated at the time of the annual
license renewal.
1. If Planning staff and/or the Code Enforcement Officers have unresolved,
compelling complaints regarding the vendor, a new temporary use shall be
required. Otherwise the twelve -(12) month approval period shall be
extended.
2. As complaints are received, the Director will determine if the complaint
represents a compelling health and/or safety issue. Any compelling
complaints will be forwarded to the Code Enforcement Officer for
resolution in accord with the enforcement provisions of the Meridian City
Code Section 6-1-6.
5 Chapter 3 Article E. TEMPORARY USE REQUIREMENTS
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11-3E-11: STANDARDS FOR PROMOTIONAL ACTIVITIES IN THE
NONRESIDENTIAL DISTRICTS INVOLVING THE SALE OF GOODS AND
MERCHANDISE WHERE IT IS ACCESSORY TO THE PRINCIPALLY
PERMITTED USE:
A. The applicant shall provide notarized consent of the property owner.
B. The use shall be prohibited in residential districts.
C. Activities may be conducted outside for a period of not more than two (2)
weeks.
D. Applicant may request renewal twice during any calendar year, for a
maximum of six (6) weeks per calendar year.
6 Chapter 3 Article E. TEMPORARY USE REQUIREMENTS
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CHAPTER 3
REGULATIONS APPLYING TO ALL DISTRICTS
ARTICLE F. PRIVATE STREET REQUIREMENTS
ARTICLE F.
SECTIONS:
11-3F-1:
PURPOSE
11-3F-2:
APPLICABILITY
11-3F-3:
PROCESS
11-3F-4:
STANDARDS
11-3F-5:
REQUIRED FINDINGS
11-3F-1: PURPOSE: The regulations of this Article are intended to provide
better circulation and safety within commercial, industrial, and multifamily
developments by establishing a clear emergency vehicle travel lane and private
street name addressing for properties that do not have internal public roads. It is not
the intent to approve private streets for single-family, duplex and/or townhouse
developments. The applicability may be extended where the Director determines
that private streets will enhance the safety of the development.
11-3F-2: APPLICABILITY: The provisions of this section shall apply to any
properties that do not have frontage on a public street or where frontage is not
required.
11-3F-3: PROCESS:
A. An application and fees, in accord with Chapter 5 administration of this Title,
shall be submitted to the Director on forms provided by the Planning
Department.
B Upon tentative approval of the application by the Director subject to any
applicable conditions of approval and the regulations of Chapter 5
administration of this Title, the applicant or owner shall have one (1) year to
complete the following tasks:
1. Obtain approval from the Ada County Street Name Committee for a private
street name(s);
2. Contact the Transportation Authority (ACRD) to install an approved street
name sign that complies with the regulations of the Ada County Uniform
Street Name Ordinance;
3. Create a perpetual ingress/egress easement or a single platted lot for the
Private street to all applicable properties; and
Chapter 3 Article F. PRIVATE STREET REQUIREMENTS
6/2/05
4. The applicant or owner shall provide documentation of a binding contract
that establishes the party or parties responsible for the repair and
maintenance of the private street, including regulations for the funding
thereof.
5. Upon completion of the items noted above, the Director shall issue a letter
stating that the private street has been approved. No building permit shall
be issued for any structure using a private street for access to a public
street until the private street has been approved.
11-3F-4: STANDARDS: All private streets shall be designed and constructed
to the following standards.
A. Design standards:
1. Easement: The private street shall be constructed on a perpetual
ingress/egress easement or a single platted lot that provides access to all
applicable properties.
2. Connection point: Where the point of connection of the private street is to a
public street, the private street shall be approved by the Transportation
Authority.
3. Emergency vehicle: The private street shall provide sufficient maneuvering
area for emergency vehicles as determined and approved by the Meridian
Fire Department.
4. Gates: Gates or other obstacles shall not be allowed.
B. Construction standards: The private street shall be constructed in accord
with the roadway and storm drainage standards of the Transportation
Authority or as approved by the City of Meridian based on plans submitted
by a certified engineer, and the following:
1. Street width: The private street shall be constructed within the easement
and shall have a travel lane width of twenty-six (26) feet.
2. Sidewalks: A five-foot (5') attached sidewalk or four -foot (4') detached
sidewalk shall be provided on one side of the street in commercial districts.
This requirement may be waived if the applicant can demonstrate that an
alternative pedestrian path exists.
3. Fire lanes: all drive aisles shall be posted as fire lanes with no parking
allowed. In addition, if a curb exists next to the drive aisle, it shall be
painted red.
Chapter 3 Article F. PRIVATE STREET REQUIREMENTS
6/2/05
4. Alternative compliance: Upon recommendation of the City Engineer, the
Director may approve, or recommend approval of alternative design or
construction standards when the applicant can demonstrate that the
proposed overall design meets or exceeds the intent of the required
standards of this Article and shall not be detrimental to the public health,
safety, and welfare.
11-3F-5: REQUIRED FINDINGS: In order to approve the application, the
Director shall find the following:
A. The design of the private street meets the requirements of this Article;
B. Granting approval of the private street would not cause damage, hazard, or
nuisance, or other detriment to persons, property, or uses in the vicinity; and
C. The use and location of the private street shall not conflict with the
Comprehensive Plan and/or the regional transportation plan.
3 Chapter 3 Article F. PRIVATE STREET REQUIREMENTS
6/2/05
CHAPTER 3
REGULATIONS APPLYING TO ALL DISTRICTS
ARTICLE G. COMMON OPEN SPACE AND SITE AMENITY REQUIREMENTS
ARTICLE G.
SECTIONS:
11-3G-1:
PURPOSE
11-3G-2:
APPLICABILITY
11-3G-3:
STANDARDS
11-3G-1: PURPOSE:
A. The regulations of this Article are intended to provide for common open
space and site amenities in residential districts that improve the livability of
residential neighborhoods, buffer the street edge, and protect natural
amenities.
B. The regulations are intended to establish minimum standards for common
open space and site amenities, and requirements for the long-term
maintenance of these areas.
11-3G-2: APPLICABILITY: The standards for common open space and site
amenities shall apply to all new single-family, townhouse, two-family duplex, and
multifamily developments of five (5) acres or more.
11-3G-3: STANDARDS:
A. Open space and site amenity requirement:
M
1. The total land area of all common open space shall equal or exceed five
percent (5%) of the gross land area of the development.
2. One (1) additional site amenity shall be required for each additional twenty
(20) acres of development area.
Qualified open space: The following may qualify to meet the common open
space requirements:
1. Any open space that is active or passive in its intended use, and
accessible by all residents of the development, including but not limited to:
a. Open grassy area of at least fifty feet (50') by one hundred feet (100') in
area;
b. Community garden;
c. Ponds or water features; or
2 Chapter 3 Article G. COMMON OPEN SPACE AND SITE AMENITY REQUIREMENTS
6/2/05
d. Plaza
2. Additions to a public park or other public open space area.
3. The buffer area along collector streets may be included in required
common open space for residential subdivisions.
4. A street buffer with a minimum of ten feet (10') in width and street trees
planted in accord with Section 11-313-7 LANDSCAPE BUFFERS ALONG
STREETS of this Title may count up to fifty percent (50%) of the
requirement.
5. Parkways along local residential streets that meet all the following
standards may count toward the common open space requirement:
a. The parkway is a minimum of five feet (5') in width from street curb to
edge of sidewalk.
b. The parkway is planted with street trees in accord with Section 11-36-
7.C.8 and Section 11-313-7.C.9 LANDSCAPE BUFFERS ALONG STREETS of
this Title.
c. Except for alley accessed dwelling units, the area for curb cuts to each
residential lot or common driveway shall be excluded from the open
space calculation. For purposes of this calculation, the curb cut area
shall be a minimum area of thirty feet (30') by the width of the parkway.
6. Parkways along collector and arterials that area minimum often feet (10')
in width from street curb to sidewalk can be counted toward the open
space requirement.
7. Stormwater detention facilities when designed in accord with Section 11-
36-11 STORMWATER INTEGRATION of this Title.
C. Qualified site amenities: Qualified site amenities shall include, but not be
limited to, the following:
1. Quality of life amenities:
a. Clubhouse;
b. Fitness facilities;
c. Enclosed bike storage;
d. Public art;
e. Picnic area; or
3 Chapter 3 Article G. COMMON OPEN SPACE AND SITE AMENITY REQUIREMENTS
6/2/05
f. Additional five percent (5%) open space.
2. Recreation amenities
a. Swimming pool;
b. Children's play structures; or
c. Sports courts.
3. Pedestrian or bicycle circulation system amenities meeting the following
requirements:
a. The system is not required sidewalks adjacent to public right-of-way;
b. The system connects to existing or planned pedestrian or bicycle routes
outside the development, as designated in the Meridian Parks
Department Pathway Plan; and
c. The system is designed and constructed in accord with standards set
forth by the Meridian Parks Commission.
4. Provision of transit stops, park-and-ride facilities or other multimodal
facilities to encourage alternative automobile transportation.
D. Location:
1. The common open spaces and site amenities shall be located on a
common lot or an area with a common maintenance agreement.
2. Common open space shall be grouped contiguously with open space from
adjacent developments whenever feasible.
E. Required improvements and landscaping:
1. Common open space shall be suitably improved for its intended use,
except that natural features such as wetlands, rock outcroppings, ponds,
creeks, etc. may be left unimproved.
2. At a minimum, common open space areas shall include one (1) deciduous
shade tree per eight thousand (8,000) square feet and lawn, either seed or
sod.
4 Chapter 3 Article G. COMMON OPEN SPACE AND SITE AMENITY REQUIREMENTS
6/2/05
F. Maintenance:
1. All common open space and site amenities shall be the responsibility of an
owners association for the purpose of maintaining the common area and
improvements thereon; or
2. Land designated as common open space may be conveyed to the City,
where the Parks Department agrees to accept conveyance.
Chapter 3 Article G. COMMON OPEN SPACE AND SITE AMENITY REQUIREMENTS
6/2/05
CHAPTER 3
REGULATIONS APPLYING TO ALL DISTRICTS
ARTICLE H. DEVELOPMENT ALONG FEDERAL AND STATE HIGHWAYS
ARTICLE H.
SECTIONS:
11-31-1-1:
PURPOSE
11-31-1-2:
APPLICABILITY
11-31-1-3:
PROCESS
11-31-1-4:
STANDARDS
11-3H-5:
REQUIRED FINDINGS
11-31-1-1: PURPOSE: The regulations of this Article are intended to achieve
three purposes: 1) limit access points to federal and state highways in order to
maintain traffic flow and provide better circulation and safety within the community,
2) to preserve right-of-way for future highway expansions, and 3) design new
residential development along federal and state highways to mitigate noise impacts
associated with such roadways.
11-31-1-2: APPLICABILITY: The following standards shall apply to all
development along federal and state highways, including but not limited to State
Highway 69, State Highway 55, State Highway 20-26, and Interstate 84. The
following standards shall also apply to development along McDermott Road from
Chinden Boulevard to Interstate 84 as the City of Meridian's preferred location for a
future highway right-of-way for the State Highway 16 extension. If the Idaho
Transportation Department (ITD) determines an alternate location for the State
Highway 16 extension, these standards shall apply to the ITD determined location.
11-3H-3: PROCESS: Staff shall review all development applications for
compliance with these standards. The decision making body may consider and
apply modifications to the standards of this section upon specific recommendation
of the Idaho Transportation Department,
11-31-1-4: STANDARDS:
A. Access to 1-84 and McDermott Road: no access shall be allowed except at
specific interchange locations as established by the Idaho Transportation
Department.
B. Access to State Highway 69, State Highway 55, and State Highway 20-26:
1. Use of existing approaches shall be allowed to continue provided that all of
the following conditions are met:
a. The existing use is lawful and properly permitted effective XX [insert date
of the adoption]
Chapter 3 Article H. DEVELOPMENT ALONG FEDERAL AND STATE HIGHWAYS
6/2/05
b. The nature of the use does not change (for example a residential use to
a commercial use).
c. The intensity of the use does not increase (for example an increase in
the number of residential dwelling units or an increase in the square
footage of commercial space).
2. If an applicant proposes a change or increase in intensity of use, the
owner shall develop or otherwise acquire access to a street other than the
state highway. The use of the existing approach shall cease and the
approach shall be abandoned and removed.
a. No new approaches directly accessing a state highway shall be allowed.
b. Public street connections to the state highway shall only be allowed at:
i. the section line road;
ii. the half -mile mark between section line roads; and
iii. the quarter -mile mark between section line roads where the applicant
has agreed to dedicate and construct sufficient area for an
acceleration and deceleration lane.
3. The applicant shall construct a collector street to provide future
connectivity and access to all properties fronting the state highway that lie
between the applicant's property and the nearest section line road and/or
half mile collector road.
a. The applicant shall be responsible to construct the segment of the
collector road within the applicant's property. This standard is not
intended to require off-site improvements.
b. The collector street shall meet the collector road standards of the Ada
County Highway District.
c. The street shall connect to the section line road at a distance that is no
closer than 660 (as measured from center line to center line) from the
intersection with the state highway.
d. The collector street shall provide buildable lots between the highway and
the collector road. For the purposes of this Article, such streets shall be
termed backage roads. Frontage streets or private streets may be
considered by the Council at the time of property annexation or through
the conditional use process.
C. Design and construction standards for state highways:
2 Chapter 3 Article H. DEVELOPMENT ALONG FEDERAL AND STATE HIGHWAYS
6/2/05
1. The applicant shall have an approved permit from the Idaho Transportation
Department for construction of any access to the state highway and/or any
construction done in the highway right of way.
2. The width of right-of-way reservations shall be as set forth below or as
required by the ITD (whichever setback is greater). All future right-of-ways
widths shall be measured from the existing center line of the highway.
a. State Highway 20-26. The applicant shall reserve or dedicate eighty-five
feet (85') for future highway right of way. As the state highway nears
intersections of section line roads or half mile section line collector roads,
the applicant shall reserve or dedicate an additional fifteen feet (15'), for
a total of one hundred feet (100'), for a distance of five hundred (500')
measured from the centerline of the section line road and/or half mile
section line collector road.
b. State Highway 69 and State Highway 55. As the state highway nears
intersections of section line roads or half mile section line collector roads,
the applicant shall reserve or dedicate one hundred feet (100'), for a
distance of five hundred (500') measured from the centerline of the
section line road and/or half mile section line collector road.
3. Along State Highway 55, the applicant shall be responsible for constructing
a ten -foot (10') multiuse pathway and installing streetlights and
landscaping consistent with the Eagle Road Corridor Study.
4. Along State Highway 69 and State Highway 20/26, the applicant shall
construct a minimum ten -foot (10) wide asphalt multi -use pathway outside
the public right-of-way and approximately parallel to the state highway.
The pathway shall meet City of Meridian design and construction
requirements for a multi -use pathway. Portions of the pathway may be
constructed within the right-of-way with a license agreement from ITD.
D. Noise abatement for residential uses along federal and state highways:
1. The applicant shall provide traffic noise abatement by constructing a berm
or a berm and wall combination approximately parallel to the federal or
state highway.
2. The top of the berm or berm and wall in combination shall be a minimum of
ten feet (10') higher than the elevation at the centerline of the federal or
state highway.
3. If a wall is proposed, the wall shall meet the following standards:
a. Wall materials shall be impervious concrete or stucco, unless otherwise
approved by the Idaho Transportation Department as a sound
attenuating material.
Chapter 3 Article H. DEVELOPMENT ALONG FEDERAL AND STATE HIGHWAYS
6/2/05
b. Intermittent breaks in the berm or berm and wall in combination will
degrade the function and shall not be allowed.
c. The applicant shall not construct a monotonous wall. In order to achieve
this standard, the applicant may choose one or both of the following
variations:
i. The color and/or texture of the wall shall be varied every 300 linear
feet. This could include murals or artwork.
ii. The wall shall be staggered every 300 linear feet subject to Section
11 -3H -4D4 above that prohibits breaks in the wall.
iii. The applicant may provide an alternative that meets or exceeds the
intent of this standard through the landscape Alternative Compliance
procedures set forth in Chapter 5 ADMINISTRATION of this Title.
4. The Director may approve alternative compliance as set forth in Chapter 5
ADMINISTRATION of this Title where the applicant has a substitute noise
abatement proposal that has been approved by the ITD.
4 Chapter 3 Article H. DEVELOPMENT ALONG FEDERAL AND STATE HIGHWAYS
6/2/05
CHAPTER 4
SPECIFIC USE STANDARDS
SECTIONS:
11-4-1: PURPOSE
11-4-2: APPLICABILITY
11-4-3: SPECIFIC USE STANDARDS
11-4-1: PURPOSE: This Chapter provides specific standards for all uses as set
forth within the applicable district in accord with Chapter 2 DISTRICT REGULATIONS of this
Title.
11-4-2: APPLICABILITY: These regulations apply to any property where the
specific use is listed as a permitted, accessory, or conditional use in the Table of
Allowed Uses by District in accord with Chapter 2 DISTRICT REGULATIONS of this Title.
11-4-3: SPECIFIC USE STANDARDS: These standards are in addition to the
requirements of Chapter 3 REGULATIONS APPLYING TO ALL DISTRICTS of this Title.
11-4-3.1: ANIMAL CARE FACILITY:
A. All animals shall be indoors at all times.
B. The facility owner and/or operator shall comply with all State and local
regulations relative to such a facility and shall maintain housekeeping practices
designed to prevent the creation of a nuisance and to reduce noise and odor to a
minimum.
11-4-3.2: ARTS, ENTERTAINMENT OR RECREATION FACILITY, INDOORS
AND OUTDOORS:
A. General Standards
1. All structures or outdoor recreation areas shall maintain a minimum setback of
one hundred feet (100') from any abutting residential districts. The playing
areas of golf courses, including golf tees, fairways, and greens, are an
exception to this standard.
2. No outdoor event or activity center shall be located within fifty feet (50') of any
property line and shall operate only between the hours of 6 a.m. and 11 p.m.
3. Accessory uses include, but are not limited to: retail, equipment rental,
restaurant and drinking establishments may be allowed if designed to serve
patrons of the use only.
4. Outdoor speaker systems shall comply with the Section 11-3A-13 OUTDOOR
SPEAKER SYSTEMS of this Title.
Chapter 4 SPECIFIC USE STANDARDS
6/2/05
B. Additional Standards for swimming pool: Any outdoor swimming pool shall be
completely enclosed within a 6 -foot non -scalable fence that meets the
requirements of the Building Code in accord with Title 10, Chapter 1, of the
Meridian City Code.
C. Additional standards for outdoor stage or musical venue: Any use with a capacity
of one hundred (100) seats or more or within one thousand feet (1,000') of a
residence or a residential district shall be subject to approval of a conditional use
permit.
11-4-3.3: ARTIST STUDIO:
A. All production, fabrication and assembly of materials shall be conducted within a
completely enclosed structure if adjoining a residence or a residential district.
B. If in an industrial district, accessory retail sales shall be limited to a floor area not
exceeding twenty-five percent (25%) of the total enclosed area of the use. Goods
sold shall be only those produced on the site or complementary products.
11-4-3.4: BUILDING MATERIAL, GARDEN EQUIPMENT AND SUPPLIES:
A. Outdoor storage areas for materials (excluding growing plants in -ground or in -
containers), and mechanical equipment shall comply with Section 11-3A-12
outdoor service and equipment areas of this Title.
B. Outdoor speaker systems shall comply with the Section 11-3A-13 outdoor
speaker systems of this Title.
11-4-3.5: CEMETERY: Graves and monuments shall not be located within fifteen
feet (15') from any property line.
11-4-3.6: CHURCH OR PLACE OF RELIGIOUS WORSHIP: Schools, child day
care services, meeting facilities for clubs and organizations, and other similar uses not
operated primarily for the purpose of religious instruction, worship, government of the
church, or the fellowship of its congregation may be permitted to the extent the activity is
otherwise permitted in the district.
11-4-3.7: CIVIC, SOCIAL OR FRATERNAL ORGANIZATIONS:
A. No outdoor event or activity center associated with the use shall be located within
fifty feet (50') of any property line.
B. Accessory sales and or distribution of beer and wine shall be allowed.
11-4-3.8: CONTRACTOR'S YARD:
A. All structures or outdoor storage areas shall be located a minimum of one
hundred feet (100') from any residential district.
Chapter 4 SPECIFIC USE STANDARDS
6/2/05
B. Outdoor storage areas shall comply with Section 11-3A-14 outdoor storage of
this Title.
C. The site shall not be used as a junkyard or vehicle wrecking yard as herein
defined.
11-4-3.9: DAY CARE FACILITY:
A. General standards for all child day care and adult care uses, including the
classifications of day care center; day care, family; and day care, group:
I. In determining the type of day care facility, the total number of children cared
for during the day and not the number of children at the facility at one time, is
the determining factor. The operator's children are excluded from the number.
2. On-site vehicle pickup, parking and turnaround areas shall be provided to
ensure safe discharge and pickup of clients.
3. The decision-making body shall specify the maximum number of allowable
clients and hours of operation as conditions of approval.
4. The applicant or owner shall secure and maintain a Basic Day Care License
from the State of Idaho Department of Health and Welfare—Family and
Children's Services Division.
5. Notwithstanding Section 11-56-6 CONDITIONAL USES, a Conditional Use Permit
issued for a day care facility shall terminate upon a change in owner of the day
care facility.
6. In residential districts or uses adjoining an adjacent residence, the hours of
operation shall be between 6:00 a.m. to 11:00 p.m. This standard may be
modified through approval of a Conditional Use Permit.
B. Additional standards for day care facilities that serve children:
1. All outdoor play areas shall be completely enclosed by minimum six-foot (6')
non -scalable fence to secure against exit/entry by small children and to screen
abutting properties. The fencing material shall meet the swimming pool fence
requirements of the Building Code in accord with Title 7 of the Meridian City
Municipal Code.
2. Outdoor play equipment over six feet (6') high shall not be located in a front
yard or within any required yard.
3. Outdoor play areas in residential districts adjacent to an existing residence
shall not be used after dusk.
3 Chapter 4 SPECIFIC USE STANDARDS
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11-4-3.10: DRINKING ESTABLISHMENT:
A. The facility shall comply with all Idaho Code regulations regarding the sale,
manufacturing, or distribution of alcoholic beverages.
B. The drinking establishment shall not be located within three hundred feet (300')
of a property used for a church or education service. Nor shall the drinking
establishment be located within one thousand feet (1,000') of an adult
entertainment establishment.
C. For properties abutting a residential district, no outside activity or event shall be
allowed on the site, except in accord with Chapter 3 Article E. temporary use
requirements of this Title.
11-4-3.11: DRIVE-THROUGH ESTABLISHMENT:
A. A drive-through establishment shall be an accessory use where the location does
not adjoin a residential district or an existing residence. Otherwise a Conditional
Use Permit is required.
B. All establishments providing drive-through service shall identify the stacking lane,
menu and speaker location (if applicable), and window location on the certificate
of zoning compliance or the Conditional Use Permit.
C. A site plan shall be submitted that demonstrates safe pedestrian and vehicular
access and circulation on the site and between adjacent properties. At a
minimum the plan shall demonstrate compliance with the following standards:
1. Stacking lanes shall have sufficient capacity to prevent obstruction of the public
right-of-way by patrons;
2. The stacking lane shall be a separate lane from the circulation lanes needed
for access and parking;
3. The stacking lane shall not be located within ten feet (10') of any residential
district or existing residence;
4. Any stacking lane greater than one hundred feet (100') in length shall provide
for an escape lane.
5. A letter from the Transportation Authority indicating the site plan is in
compliance with the authority's standards and policies shall be required.
D. The applicant shall provide a six-foot (6) sight -obscuring fence where a stacking
lane or window location adjoins a residential district or an existing residence.
4 Chapter 4 SPECIFIC USE STANDARDS
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11-4-3.12: DWELLING UNIT, SECONDARY:
A. One secondary dwelling unit is permitted on the same property in conjunction
with and clearly subordinate to a single-family dwelling.
B. Owner occupancy: To create and maintain a secondary dwelling unit, the
property owner shall reside on the property for more than six (6) months in any
twelve- (12) month period. The applicant for a secondary dwelling unit shall
demonstrate that either the single-family dwelling or the secondary unit is
occupied by the owner of the property. Owner occupancy is demonstrated by title
records, vehicle registration, voter registration or other similar means. Secondary
dwelling units shall not be subdivided or otherwise segregated in ownership from
the single-family dwelling unit.
C. Maximum size: Secondary dwelling units shall be limited to a maximum of seven
hundred (700) square feet in size.
D. Location: The secondary dwelling unit may be located within or attached to the
primary dwelling as a detached structure; or above a detached structure, such as
a garage. Detached secondary dwelling units shall be located to the side or rear
of a primary dwelling. No portion of the secondary dwelling unit shall be located
in front of the primary dwelling unit.
E. Parking: At least one (1) parking space shall be provided on-site for the
accessory dwelling unit in addition to the required parking for the existing
residential unit. The conversion of a covered parking area (garage/carport) into a
secondary dwelling unit is not allowed unless the required covered parking can
be provided elsewhere on site.
F. Entrance: Only one (1) entrance door of either the single-family dwelling or the
secondary dwelling unit shall be located facing any one street.
G. Design: The secondary unit shall be consistent in design with the single family
dwelling, including roof pitch, siding, color, materials, and window treatments.
H. Prohibitions: Manufactured and mobile homes, and recreation vehicles shall be
prohibited for use as a secondary dwelling unit.
Number of occupants: The total number of occupants in both the single-family
dwelling and the secondary dwelling shall not exceed the maximum number
established for a family, as defined in Chapter 1, Article A. definitions of this Title.
11-4-3.13: EDUCATION INSTITUTION:
A. Accessory uses: Accessory uses including, but not limited to, day care facilities,
special events, community services, social services, meeting facilities for clubs
and organizations, and school administration may be allowed.
Chapter 4 SPECIFIC USE STANDARDS
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B. Location criteria for elementary schools: Elementary schools should be located
within the center of neighborhoods with access encouraged from local streets.
Elementary school locations adjacent to public parks or open space are
encouraged. At least thirty percent (30%) of the perimeter of an elementary
school site should be open to streets or open space areas.
C. Location criteria for middle schools and high schools: Middle and high schools
may take access off a designated arterial or collector street.
D. Size: The desirable size for education institution should be as follows:
Elementary: 61,000 to 71,000 square feet; Middle School: 120,000 to 130,000
square feet; and High School: 250,000 to 260,000 square feet.
E. An education institution with less than one hundred and fifty (150) students or
located within the TN -R District may be exempt from the requirements for open
space, landscaping, parking and drop off areas.
F. A Conditional Use Permit shall be required for any education institution in which
any of the following circumstances exist:
1. The education institution is in excess of 250,000 square feet within a residential
district;
2. The education institution includes lighted fields adjoining or within a residential
district;
3. The education institution will generate in excess of 1,500 vehicular trips per
day;
4. The education institution takes access from a collector or an arterial street and
there is not a safe separate pedestrian and bikeway access between the
neighborhood and the school site.
G. Portable classrooms that are not indicated on an approved conditional use or
certificate of zoning compliance shall require administrative approval. If the
proposed use cannot meet all of the following specific use standards, the use
shall require conditional use approval.
1. The portable classroom shall not be located in the front yard of the principal
school structure.
2. The portable classroom shall not be located in any required yard.
3. The placement of the portable classroom shall not reduce the number of
required off-street parking spaces.
4. The portable structures shall comply with Building Code in accord with Title 7
of the Meridian City Municipal Code.
6 Chapter 4 SPECIFIC USE STANDARDS
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H. Additional standards for education institution, private: The applicant shall provide
written documentation that the facility meets the minimum site area guidelines as
established by the Idaho State Department of Education.
Additional standards for Vocational or Trade Schools: The applicant shall provide
written documentation that the school will have a major curriculum relating to
technological industrial research and processes.
11-4-3.14: EQUIPMENT RENTAL, SALES AND SERVICE: All repair activities
(including, but not limited to, open pits and lifts) shall occur within an enclosed structure.
11-4-3.15: ENTERTAINMENT ESTABLISHMENT, ADULT:
A. Separations. In recognition of Idaho Code, the following distance separations
shall be required:
1. No adult entertainment establishment shall be allowed within one thousand feet
(1,000) of the following:
a. an existing adult entertainment establishment;
b. a church or place of religious worship,
c. any youth organization, school, or school bus stop,
d. a park or public building.
e. any residential district boundary.
2. The applicant shall provide evidence certified by a professional land surveyor
licensed in the State of Idaho that the proposed adult entertainment
establishment conforms to the separation requirements of this Subsection.
B. Signs.
1. All adult entertainment establishments shall comply with the regulations of
Chapter 4, Article I of this Title. Further, signs for adult entertainment
establishments shall not contain any emphasis, either by movement, picture, or
otherwise, on matter relating to adult entertainment as herein defined.
2. Any business providing adult entertainment or adult material shall have in place
at each entrance to such business a legible door sign (as defined herein)
stating "Persons under 18 years of age not permitted." The sign shall be no
less than 0.5 square feet and no greater than one (1) square foot in area. Such
sign shall not require administrative approval in accord with Chapter 4, Article I,
Signs.
Chapter 4 SPECIFIC USE STANDARDS
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C. The applicant shall obtain and/or maintain a license in accord with Title 3,
Chapter 10 of the Meridian City Code.
11-4-3.16: FINANCIAL INSTITUTION:
A. The location, access and safety features of all automated teller machines
(ATM's) shall be subject to review and approval by the Meridian Police
Department, and in accord with the standards set forth in Sections 11-3A-11 of
this Title.
B. All ATMs shall be deemed an accessory use to a financial institution.
11-4-3.17: FLEX SPACE: Retail use shall not exceed twenty five percent (25%) of
leasable area in any tenant space.
11-4.3.18: FOOD PRODUCTS PROCESSING:
A. All structures, loading areas, outdoor activity areas, exclusive of parking shall be
located a minimum of six hundred feet (600') from any abutting residential
districts.
B. Food processing shall be located a minimum of one thousand feet (1,000') from
any hospital.
C. The application materials shall include written documentation that the proposed
facility meets any applicable federal, state, or local standards regarding such use
including, but not limited to, those of the U. S. Environmental Protection Agency,
the U. S. Department of Agriculture, Idaho Department of Environmental Quality
(DEQ), Idaho Department of Agriculture, Idaho Department of Water Resources,
and Central District Health Department.
11-4-3.19: FUEL SALES FACILITY AND FUEL SALES FACILITY, TRUCK STOP:
A. General standards:
1. When allowed as an accessory use, gasoline or diesel fuel sales facilities shall
not occupy more than twenty-five percent (25%) of the subject property.
2. The total height of any overhead canopy or weather protection device shall not
exceed twenty feet (20').
3. Vehicle stacking lanes shall be available on the property but outside the fueling
areas. Stacking lanes shall have sufficient capacity to prevent obstruction of
the public right-of-way by patrons. Such stacking lanes shall be separate from
areas required for access and parking. The stacking lanes shall not be located
within ten feet (10') of any abutting residential districts.
Chapter 4 SPECIFIC USE STANDARDS
6/2/05
4. If the use is unattended, the standards in accord with Section 11-3A-11 of this
Title shall also apply.
B. Additional standards for fuel sales facility, truck stop:
1. The use shall be located on a principal arterial or near an interstate
interchange.
2. The use shall be located a minimum of six hundred feet (600') from any
residential district and a minimum of one thousand feet (1,000') from any
hospital.
11-4-3.20: HOME OCCUPATION: The following standards apply to all home
occupation uses with the exception that strict adherence to the standards contained in
sections 11-4-3.20(2), 11-4-3.20(3) 11-4-3.20(5), and 11-4-3.20(6) in the TN -C and TN-
R Districts is not required:
A. In no way shall the home occupation cause the premises to differ from its
residential character in the appearance, lighting, signs, or in the emission of
noise, fumes, odors, vibrations, or electrical interference.
B. The home occupation shall be conducted entirely in the dwelling, and not more
than twenty-five percent (25%) of the gross floor area of said dwelling shall be
used for a home occupation or for storing goods associated with the home
occupation. Materials may be stored in an attached garage or storage area,
provided it shall not reduce the required off-street parking below the standard
established for that district.
C. No activity connected to the home occupation or any storage of goods, materials,
or products connected with a home occupation shall be allowed in any detached
accessory structure,
D. The home occupation shall not involve the use of more than one (1) commercial
vehicle.
E. The home occupation shall not have more than two (2) out -going pickups per day
from a common carrier.
F. The home occupation shall be conducted by the inhabitants of the dwelling, and
no more than one (1) nonresident employee shall be permitted.
G. The home occupation shall not serve as a headquarters or main office where
employees come to the site and are dispatched to other locations.
H. No retail sales shall be permitted from the dwelling except the sale of: a) services
or items produced or fabricated on the premises as a result of the home
occupation; or b) products related to the home occupation.
9 Chapter 4 SPECIFIC USE STANDARDS
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Off-street parking shall be provided as Section 11-3C-6 of this Title, in addition to
the required off-street parking for the dwelling.
J. All visits by clients, customers, and/or employees shall occur between the hours
of 8:00 a.m. and 8:00 p.m.
11-4-3.21: HOSPITAL:
A. If the hospital provides emergency care, the location shall have direct access on
an arterial street.
B. Accessory retail uses including but not limited to, retail shops, food or beverage
service, and personal service shops, may be allowed if designed to serve patrons
of the hospital and their visitors only.
C. No hospital shall be located within one thousand feet (1,000') of the following
uses: explosive manufacturing or storage, flammable substance storage,
foundry, freight and truck terminal, manufacture or processing of hazardous
chemicals, power plant, food product storage and processing plant.
11-4-3.22: HOTEL OR MOTEL:
A. Accessory uses including but not limited to restaurants, retail, drinking
establishments, and personal services, may be allowed if such uses are
completely within the hotel or motel structure. A drinking establishment shall
require separate or concurrent approval subject to the regulations of Section 11-
4-3.10 of this Title.
B. A Conditional Use Permit shall be required for any hotel or motel use that adjoins
a residential district or an existing residence.
11-4-3.23: INDUSTRY, INFORMATION:
A. The following adverse effects shall be mitigated through setbacks, buffers, sound
attenuation and/or hours of operation:
1. Noise, odor, or vibrations; or direct or reflected glare detectable by the human
senses without the aid of instruments.
2. Any other emission or radiation that endangers human health, results in
damages to vegetation or property or which exceed health and safety
standards.
B. The application materials shall include written statement that the proposed facility
meets any applicable federal, state, or local standards regarding such use,
including but not limited to, those of the U.S. Environmental Protection Agency,
the U. S. Department of Agriculture, Central District Health Department, Ada
County Air Quality Board and Idaho Department of Water Resources.
10 Chapter 4 SPECIFIC USE STANDARDS
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11-4-3.24: INDUSTRY, LIGHT AND HEAVY:
A. All mechanical equipment emissions; shipping and/or delivery; or other outdoor
activity areas shall be located a minimum of three hundred feet (300') from any
abutting residential districts, or the use is subject to a Conditional Use Permit.
B. The application shall identify how the proposed use will address the impacts of
noise and other emissions on adjoining residential districts. More specifically, the
following adverse effects shall be mitigated through setbacks, buffers, sound
attenuation and/or hours of operation:
1. Noise, odor, or vibrations; or direct or reflected glare detectable by the human
senses without the aid of instruments.
2. Radioactivity and electric or electromagnetic disturbances that unduly interfere
with the normal operation of equipment, instruments, or appliances on abutting
properties.
3. Any other emission or radiation that endangers human health, results in
damages to vegetation or property or which exceeds health and safety
standards.
4. In the event that the Director determines that the applicant cannot adequately
address such impacts, the use shall be subject to conditional use approval.
C. Additional standards for industry, heavy: The use shall be located a minimum of
one thousand feet (1,000') from a hospital.
D. The application materials shall include written statement that the proposed facility
meets any applicable federal, state, or local standards regarding such use
including, but not limited to those of the U.S. Environmental Protection Agency,
the U. S. Department of Agriculture, Central District Health Department, the Ada
County Air Quality Board and Idaho Department of Water Resources.
11-4-3.25: LAUNDROMAT: The hours of operation shall be limited to between 6:00
a.m. and 11:00 p.m. in the C -N and L -O Districts. If unattended, the use shall meet the
requirements of section 11-3A-11 SELF-SERVICE USES.
11-4-3.26: MULTIFAMILY DEVELOPMENT: Multifamily developments with multiple
properties shall be considered as one property for the purpose of implementing the
standards set forth in this section.
A. Purpose:
To create multifamily housing that is safe and convenient and that enhances
the quality of life of its residents.
11 Chapter 4 SPECIFIC USE STANDARDS
6/2/05
2. To create quality buildings and designs for multifamily development that
enhance the visual character of the community.
3. To create building and site design in multifamily development that is sensitive
to and well integrated with the surrounding neighborhood.
4. To create open space areas that contribute to the aesthetics of the community,
provide an attractive setting for buildings, and provide safe, interesting outdoor
spaces for residents.
B. Site design
1. Setbacks: Buildings shall provide a minimum setback of ten feet (10') unless a
greater setback is otherwise required by this Title. Building setbacks shall take
into account windows, entrances, porches and patios, and how they impact
adjacent properties
2. All on-site service areas, outdoor storage areas, waste storage, disposal
facilities, and transformer and utility vaults shall be located in an area not
visible from a public street, or shall be fully screened from view from a public
street.
3. A minimum of eighty (80) square feet of private, usable open space shall be
provided for each unit. This requirement can be satisfied through porches,
patios, decks, and/or enclosed yards. Landscaping, entryway and other access
ways shall not count toward this requirement.
4. For the purposes of this Section, vehicular circulation areas, parking areas, and
private useable open space shall not be considered common open space.
5. No recreational vehicles, snowmobiles, boats or other personal recreation
vehicles shall be stored on the site unless provided for in a separate,
designated and screened area.
6. The parking shall meet the requirements set forth in Chapter 3 REGULATIONS
APPLYING TO ALL DISTRICTS of this Title.
7. Developments with twenty (20) units or more shall provide the following:
a. A property management office.
b. A maintenance storage area.
c. A central mailbox location, including provisions for parcel mail, that provide
safe pedestrian and/or vehicular access.
d. A directory and map of the development at an entrance or convenient
location for those entering the development.
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C. Common open space design requirements:
1. A minimum area of outdoor common open space shall be provided as follows:
a. One hundred fifty (150) square feet for each unit containing five hundred
(500) or less square feet of living area.
b. Two hundred fifty (250) square feet for each unit containing more that five
hundred (500) square feet and up to one thousand two hundred (1,200)
square feet of living area.
c. Three hundred fifty (350) square feet for each unit containing more than one
thousand two hundred (1,200) square feet of living area.
2. Common open space shall be not less than four hundred (400) square feet in
area, and shall have a minimum length and width dimension of twenty feet
(20').
3. In phased developments, common open space shall be provided in each phase
of the development consistent with the requirements for the size and number of
dwelling units.
4. Common open space areas shall not be adjacent to collector or arterial streets
unless separated from the street by a constructed barrier at least four feet (4')
in height.
D. Site development amenities:
1. All multifamily developments shall provide for quality of life, open space and
recreation amenities to meet the particular needs of the residents as follows:
a. Quality of life
i. Clubhouse
ii. Fitness facilities
iii. Enclosed bike storage
iv. Public art such as a statue
b. Open space
i. Open grassy area of at least fifty (50) by one hundred (100) feet in size
ii. Community garden
iii. Ponds or water features
13 Chapter 4 SPECIFIC USE STANDARDS
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iv. Plaza
c. Recreation
-..
ii. Walking trails
iii. Children's play structures
iv. Sports courts
2. The number of amenities shall depend on the size of multifamily development
as follows:
a. For multifamily developments with less than twenty (20) units, two (2)
amenities shall be provided from two separate categories.
b. For multifamily development between twenty (20) and seventy-five (75) units,
three (3) amenities shall be provided, with one (1) from each category.
c. For multifamily development with seventy-five (75) units or more, four (4)
amenities shall be provided, with at least one (1) from each category.
3. The decision-making body shall be authorized to consider other improvements in
addition to those provided under subsection D, provided that these improvements
provide a similar level of amenity.
E. Architectural character
All building elevations shall have a minimum portion of the elevation devoted to
architectural features designed to provide articulation and variety. These
features shall include, but are not limited to windows, bays and offsetting walls
that extend at least two (2) feet; recessed entrances; and changes in material
types. Changes in material types shall have a minimum dimension of two feet
(2') and minimum area of twenty-five (25) square feet.
2. Main entrances, which are the primary point(s) of entry where the majority of
building users will enter and leave, shall be designed as an obvious entrance
and focal point of the building through architectural treatment, lighting, and
address identification.
3. Entrances shall be adequately covered, recessed, or treated with a permanent
architectural feature in such a way that weather protection is provided.
4. Roof forms shall be distinctive and include variety and detail when viewed from
the street. Sloped roofs shall have a significant pitch. Flat roofs should include
distinctive cornice treatments.
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6/2/05
5. Exterior building materials and finishes shall convey an impression of
permanence and durability. Materials such as masonry, stone, stucco, wood,
terra cotta, and tile are encouraged.
6. Windows are required to allow views to exterior activity areas or vistas.
Windows shall be provided on any building facing any common area used for
children's recreation.
7. All roof and wall -mounted mechanical, electrical, communications, and service
equipment should be screened from public view from the adjacent public
streets and properties by the use of parapets, walls, fences, enclosures, or by
other suitable means.
F. Landscaping requirements
1. Development shall meet the minimum landscaping requirements in accord with
Chapter 3 REGULATIONS APPLYING TO ALL DISTRICTS of this Title.
2. All street -facing elevations shall have landscaping along their foundation. The
foundation landscaping shall meet the following minimum standards:
a. The landscaped area shall be at least three (3) feet wide.
b. For every three (3) lineal feet of foundation, an evergreen shrub having a
minimum mature height of twenty-four (24) inches shall be planted.
c. Groundcover plants shall be planted in the remainder of the landscaped area.
G. All multifamily developments shall record legally binding documents that state the
maintenance and ownership responsibilities for the management of the
development, including but not limited to structures, parking, common areas, and
other development features.
11-4-3.27: NURSERY OR URBAN FARM:
A. Sales of agricultural products or live plant material shall be incidental to
agricultural production and shall be limited to what is grown on the property.
B. For new uses, the property used for nursery or urban farm shall be five (5) acres
or less. For annexation of existing nursery or urban farm use, the property may
be larger.
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11-4-3.28: NURSING OR RESIDENTIAL CARE FACILITIES:
A. General standards:
1. If the use results in more than ten (10) persons occupying a dwelling at any
one time, the applicant or owner shall concurrently apply for a change of
occupancy as required by the Building Code in accord with Title 7 of the
Meridian City Municipal Code.
2. The owner and/or operator of the facility shall secure and maintain a license
from the State of Idaho Department of Health and Welfare—Facility Standards
Division
B. Additional standards for uses providing care to children and juveniles under the
age of eighteen (18) years:
1. All outdoor play areas shall be completely enclosed by a minimum six-foot (6')
non -scalable fence to secure against exit/entry by small children and to screen
abutting properties. The fencing material shall meet the swimming pool fence
requirements of the Building Code in accord with Title 7 of the Meridian City
Municipal Code.
2. Outdoor play equipment over six feet (6) high shall not be located in a front
yard or within any required yard.
3. Outdoor play areas in residential districts or uses adjacent to an existing
residence shall not be used after dusk.
C. Additional standards for uses providing care to patients who suffer from
Alzheimer's disease, dementia or other similar disability that may cause
disorientation: A barrier with a minimum height of six feet (6'), along the
Perimeter of any portion of the site that is accessible to these patients shall be
provided. The fencing material shall meet the swimming pool fence requirements
of the Building Code in accord with Title 7 of the Meridian City Municipal Code.
11-4-3.29: PUBLIC OR QUASI -PUBLIC USE:
A. Public recreation and community centers: the use shall meet the standards in
accord with Section 11-3-3.3 arts, entertainment or recreation facility, of this
Article.
B. Public or quasi -public office: the use shall meet the standards for office use in
accord with the district in which the use is located.
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11-4-3.30: PUBLIC UTILITY, MAJOR; AND PUBLIC INFRASTRUCTURE:
A. Accessory uses directly related to the maintenance and fueling of vehicles
(including, but not limited to, truck and trailer washing, fuel pumps, garages for
minor repair) may be allowed.
B. Installation of underground fuel tanks shall require written approval from the
Idaho Division of Environmental Quality, Idaho Department of Water Resources,
and the appropriate Fire Authority.
C. No portion of the outside storage areas and/or outside activity areas may be
visible from any highway, interstate, gateway corridor, principal arterial, or minor
arterial as herein defined.
D. All driveways into and through the facility and any open area with a driving
surface shall be surfaced with a dustless material including, but not limited to,
asphalt, concrete, pavers or bricks.
E. For any use requiring the storage of fuel or hazardous material, the use shall be
located a minimum of one thousand feet (1,000') from a hospital.
11-4-3.31: RECYCLING CENTER; AND SOLID WASTE TRANSFER STATION:
A. The site shall be screened from the street(s) by a screen composed of a masonry
or concrete wall planted on the exterior side with a vegetative screen. The screen
shall be of sufficient height so that no storage containers shall be visible above
the required screening.
B. All grounds and facilities shall be maintained in an orderly manner so as not to
create a public nuisance.
C. All mechanical equipment emissions; power -driven processing (including, but not
limited to, aluminum foil and can compacting, baling, plastic shredding, or other
processing activities necessary for efficient temporary storage and shipment of
materials); and/or other outdoor activity areas shall be located a minimum of
three hundred feet (300') from any abutting residential districts. If the use does
not meet the minimum setback, or in the opinion of Director there are questions
regarding the adequacy of the mitigation of noise, emissions and /or blowing
debris from the site, the use shall be subject to a Conditional Use Permit.
D. All driveways into and through the facility and any open area with a driving
surface shall be surfaced with a dustless material including, but not limited to,
asphalt, concrete, pavers or bricks.
E. For any use requiring the storage of fuel or hazardous material, the use shall be
located a minimum of one thousand feet (1,000') from a hospital.
F. Additional standards for recycling centers:
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1. Any container provided for after-hours donation of recyclable materials shall be
a minimum of fifty feet (50') from any abutting residential district, shall be of
sturdy, rustproof construction, and shall have sufficient capacity to
accommodate materials collected.
2. Except for after-hours donation containers, no unsorted material shall be stored
outside.
11-4-3.32: STORAGE FACILITY, OUTSIDE:
A. Materials shall not be stored within the required yards. Stored items shall not
block sidewalks or parking areas and may not impede vehicular or pedestrian
traffic.
B. The site shall not be used as vehicle wrecking or junkyard as herein defined.
C. Additional standards for outside storage as an accessory use. Accessory outside
storage shall be allowed for approved uses subject to the following standards:
1. Outside storage of materials for commercial or industrial uses shall be limited
to those items owned or used by the business.
2. Outside storage of materials for a residential development or recreational
vehicle park shall be only for recreational vehicles or personal recreation items
of the owners and/or tenants.
3. Outside storage of materials for individual residential properties shall be
screened with a six-foot (6') site -obscuring fence.
D. For any use requiring the storage of fuel or hazardous material, the use shall be
located a minimum of one thousand feet (1,000') from a hospital.
11-4-3.33: STORAGE FACILITY, SELF-SERVICE:
A. Storage units and/or areas shall not be used as dwellings or as a commercial or
industrial place of business. The manufacture or sale of any item by a tenant
from or at a self-service storage facility is specifically prohibited.
B. On-site auctions of unclaimed items by the storage facility owners shall be
allowed as a temporary use in accord with Section 11-3E temporary use
requirements of this Title.
C. The distance between structures shall be a minimum of twenty-five feet (25').
D. The storage facility shall be completely fenced, walled, or enclosed and screened
from public view. Where abutting a residential district or public road, chain-link
shall not be allowed as fencing material.
18 Chapter 4 SPECIFIC USE STANDARDS
6/2/05
E. If abutting a residential district, the facility hours of public operation shall be
limited to 6:00 a.m. to 11:00 p.m.
F. No structure, facility, drive lane, parking area, nor loading area shall be located
adjacent to a residential district without a sound attenuation wall.
G. If the applicant provides a sound attenuation wall, landscaping buffers may be
reduced to ten feet (10').
H. If the use is unattended, the standards in accord with Section 11-3A-16 self
service uses of this Title shall also apply.
The facility shall have a second means of access for emergency purposes
J. All outdoor storage of material shall be maintained in an orderly manner so as
not to create a public nuisance. Materials shall not be stored within the required
yards. Stored items shall not block sidewalks or parking areas and may not
impede vehicular or pedestrian traffic.
K. The site shall not be used as vehicle wrecking or junkyard as herein defined.
L. For any use requiring the storage of fuel or hazardous material, the use shall be
located a minimum of one thousand feet (1,000') from a hospital.
11-4-3.35: TERMINAL, FREIGHT OR TRUCK:
A. The use shall be located with direct access on a principal arterial or near an
interstate interchange, and with no access through residential streets.
B. No outdoor activity area shall be located within three hundred feet (300') from
any residential district.
C. The use shall be located a minimum of one thousand feet (1,000') from any
hospital.
D. Accessory uses directly related to the maintenance and fueling of vehicles
(including, but not limited to, truck and trailer washing, fuel pumps, garages for
minor repair) may be allowed.
E. Installation of underground fuel tanks shall require written approval from the
Idaho Division of Environmental Quality, Idaho Department of Water Resources,
and the Meridian City Fire Department.
11-4-3.36: VEHICLE IMPOUND YARD:
A. Outside storage and outside activity areas shall comply with Section 11-3A-
14outdoor storage of this Title. The closed vision fence or wall and screening
materials shall be a minimum of ten feet (10) in height.
19 Chapter 4 SPECIFIC USE STANDARDS
1y�a11l.1
B. No portion of the vehicle impound yard, outside storage areas and/or outside
activity areas may be visible from any highway, interstate, gateway corridor,
principal arterial, or minor arterial as herein defined.
C. All materials or parts shall be stored and located within the closed vision fence or
walled area. No vehicles or materials shall be stored so they exceed the height of
the fence or wall.
D. The use shall not constitute a junkyard as herein defined.
11-4-3.37: VEHICLE REPAIR, MAJOR AND MINOR:
A. Where adjoining a residential property or district, all repair activities (including,
but not limited to, open pits and lifts) shall occur within an enclosed structure.
B. Inoperable or dismantled motor vehicles shall be stored behind a closed vision
fence, wall, or screen or within an enclosed structure and shall not be visible from
street.
11-4-3.38: VEHICLE SALES OR RENTAL:
A. Vehicle repair may be allowed as an accessory use, subject to the standards for
vehicle repair, major and minor in the district where the use is located.
B. Inoperable or dismantled motor vehicles shall be stored behind a closed vision
fence, wall, or screen or within an enclosed structure and shall not be visible from
any street.
C. Automotive sales and rental areas shall be subject to the minimum perimeter
landscape requirement of parking areas in Chapter 3 Article B. landscaping
requirements of this Title.
D. In addition to Chapter 3 Article B. landscaping requirements of this Title, one (1)
square foot of landscaping for every fifty (50) square feet of vehicle display area,
and one (1) tree for every two hundred (200) square feet of parking area shall be
provided.
11-4-3.39: VEHICLE WASHING FACILITY:
A. A site plan shall be submitted that demonstrates safe pedestrian and vehicular
access and circulation on the site and between adjacent properties. At a
minimum, the plan shall demonstrate compliance with the following standards:
1. Stacking lanes shall have sufficient capacity to prevent obstruction of the public
right-of-way by patrons.
2. The stacking lane shall be a separate lane from the circulation lanes needed
for access and parking.
20 Chapter 4 SPECIFIC USE STANDARDS
14MISM
3. The stacking lane shall not be located within ten feet (10') of any residential
district or existing residence.
4. A letter from the Transportation Authority indicating the site plan is in
compliance with the highway district standards and policies shall be required.
B. Within the industrial districts, a vehicle washing facility shall be allowed only as
an accessory use to a gasoline or diesel fuel sales facility for use by non -
passenger vehicles. The vehicle washing facility shall be limited in capacity to a
single vehicle. The intent is to discourage facilities that cater to passenger
vehicles.
C. Any use that is not fully enclosed shall be located a minimum one hundred feet
(100') from any abutting residential district, and shall be limited in operating hours
from 6:00 a.m. to 11:00 p.m.
D. If the use is unattended, the standards set forth in Section 11-3A-18 of this Title
shall also apply.
11-4-3.40: VEHICLE WRECKING OR JUNKYARD:
A. Outside storage and outside activity areas shall comply with Section 11-3A-14
outdoor storage of this Title. The fence or wall and screening materials shall be a
minimum of ten feet (10) in height.
B. No portion of the vehicle impound yard, outside storage areas and/or outside
activity areas may be visible from any highway, interstate, principal arterial, or
minor arterial.
C. All materials or parts shall be stored and located within a closed vision fence or
walled area. No vehicles or materials shall be stored so they exceed the height of
the fence or wall.
D. All structures or outside activity areas shall be located a minimum of three
hundred feet (300') from any property line. The use shall be located a minimum
of one thousand feet (1,000') from any residential district.
E. An area for processing vehicles as they are brought to the site shall be
designated on a site plan. The processing area shall be an impermeable surface
that has a means to collect and properly dispose of oils and fluids in the vehicles.
F. The applicant shall obtain all necessary permits for the storage of materials on
the site, including, but not limited to, oil, hazardous waste, and tires.
G. No person shall establish, operate, or maintain a vehicle wrecking yard, any
portion of which is within one thousand feet (1,000') of the nearest edge of the
right-of-way and visible from any highway, interstate, principal arterial, or minor
arterial as herein defined. See Idaho Code §40-313.
21 Chapter 4 SPECIFIC USE STANDARDS
6/2/05
11-4-3.41: VERTICALLY INTEGRATED RESIDENTIAL PROJECT:
A. A vertically integrated residential project shall be a structure that contains at least
two (2) stories.
B. A minimum of twenty five percent (25%) of the gross floor area of a vertically
integrated project shall be residential dwelling units, including outdoor patio
space on the same floor as a residential unit.
C. The minimum building footprint for a detached vertically integrated residential
project shall be twenty-four hundred (2,400) square feet.
D. The allowed nonresidential uses in a vertically integrated project include: arts,
entertainment or recreation facility; artist studio; civic, social or fraternal
organizations; day care facility; drinking establishment; Education Institution;
financial institution; health care or social assistance; industry, craftsman;
laundromat; nursing or residential care facility; personal or professional service;
public or quasi -public use; restaurant; or retail; or other uses that may be
considered through the Conditional Use Permit process.
E. None of the required parking shall be located in the front of the structure.
11-4-3.42: WAREHOUSE:
A. Accessory uses allowed: office not to exceed twenty five percent (25%) and retail
sales not to exceed ten percent (10%) of the total enclosed area of the use.
B. Outside activity areas shall be located a minimum of three hundred feet (300')
from any property line adjoining a residence or a residential district
11-4-3.43: WIRELESS COMMUNICATION FACILITY:
A. Purpose: The purpose of this section is to accommodate the communications
needs of its residents and businesses while at the same time protecting the
safety, aesthetic appeal and general welfare of the community. Furthermore, it is
the purpose of this section to regulate the impact of communications towers
within the city limits and to provide for the needs of the public and businesses for
wireless communications. The intent of this section is to:
1. Facilitate the provision of wireless telecommunication services to the residents
and businesses of the City of Meridian;
2. Minimize the adverse visual effects of communications towers and other similar
structures through careful design standards;
3. Avoid potential damage to adjacent properties from the structural failure of
towers and other such structures through structural standards and setback
requirements; and
22 Chapter 4 SPECIFIC USE STANDARDS
4. Require the co -location of new wireless communication equipment, when
possible, in order to reduce the number of towers required to serve the city.
B. Applicability: The following provisions shall apply to any construction, installation,
addition to or increase in the height of any wireless communications tower.
C. Process:
1. Amateur radio antennae that meet the standards as set forth in Section 11-4-
3.431 shall require accessory use approval.
2. Co -location of new equipment on an existing tower shall require a Certificate of
Zoning Compliance prior to installation.
Stealth towers and/or new antennae that meet the standards as set forth in
Chapter 5 Article B. SPECIFIC PROVISIONS shall require a Certificate of Zoning
Compliance prior to installation.
4. Wireless communication facilities in an industrial district shall require a
Certificate of Zoning Compliance prior to installation.
5. All other wireless communication facilities shall require conditional use
approval.
D. Required documentation: The applicant shall provide the following
documentation with the request for approval of a wireless communication facility:
1. Documentation from a qualified and licensed engineer showing that the
proposed facility will be in compliance with the FCC standards regarding radio
frequency (RF) emissions.
2. A report from a qualified and licensed structural engineer that describes the
tower height and design. The report shall include the following: a cross section
of the tower, elevations that document the height above grade for all potential
mounting positions for colocated antennae, and the minimum separation
distances between antennae. The report must also include a description of the
tower's capacity regarding the number and type of antennae that it can
accommodate and what precautions the applicant will take to avoid
interference with established public safety telecommunications. This report
must be stamped by the structural engineer and include other information
necessary to evaluate the request.
3. For all wireless communication facilities, a letter of intent committing the tower
owner and his, her or its successors to allow the shared use of the tower, as
required by this section, if an additional user agrees in writing to meet
reasonable terms and conditions for shared use.
4. A statement regarding compliance with regulations administered and enforced
by the Federal Aviation Administration (FAA).
23 Chapter 4 SPECIFIC USE STANDARDS
6/2/05
5. Propagation charts showing existing and proposed transmission coverage at
the subject site and within an area large enough to provide an understanding of
why the facility needs to be in the chosen location.
6. A written analysis demonstrating that the proposed site is the most appropriate
site within the immediate area. The analysis shall include, but is not limited to,
the following:
a. Description of the surrounding area, including topography;
b. Natural and manmade impediments, if any, that would obstruct adequate
wireless telephone transmissions;
c. Physical site constraints, if any, that would preclude construction of a
wireless communications facility on any other site;
d. Technical limitations of the system that limit siting options.
E. Amateur radio antenna standards: Pursuant to the FCC's preemptive ruling PRB
1, towers supporting amateur radio antennae (i.e., HAM radio antennae) of less
than thirty-five feet (35') in height are permitted, antennae with a height in excess
of thirty-five feet (36) shall require a Conditional Use Permit. No towers or
antennae shall be placed within the front, side or street side yard.
F. Stealth tower standards:
1. The facility shall be hidden or camouflaged.
2. The facility shall not exceed the height limitation of the district in which it is
located.
G. Antennae standards:
1. The antennae shall be less than four (4) square feet in area and mounted to:
a. New poles (not streetlights).
b. Existing poles or streetlights.
c. Buildings.
d. Towers.
e. New streetlights in existing neighborhoods shall only be allowed with
approval of the Public Works Director. The Public Works Director shall
determine if the benefit derived from the new streetlight is greater than the
maintenance and increased utility fees associated with the streetlight.
24 Chapter 4 SPECIFIC USE STANDARDS
6/2/05
2. The facility shall not exceed the height limitation of the district in which it is
located.
3. Where the applicant does not own the supporting structure, antennae attached
to support structures shall be allowed only after securing a license agreement
with the owner and other responsible parties, as applicable.
4. Streetlights or poles with attached antennae shall be separated by a minimum
of five hundred feet (500').
5. Antennae attached to streetlights shall be painted to match the streetlights and
shall be attached only to Meridian standard streetlights (not on ornamental
fixtures).
H. Design Standards: All new communications towers shall meet the following
minimum design standards:
1. Towers and antennae shall be required to blend into the surrounding
environment by paint or other camouflaging architectural treatment, except in
instances where the color is dictated by federal or state authorities such as the
federal aviation administration. All metal shall be corrosive -resistant or treated
to prevent corrosion.
2. All new communication towers shall be of monopole design, unless the
decision-making body determines that an alternative design (i.e,, lattice, guy
wire, etc.) would be appropriate because of location or necessity.
3. No part of any antenna, disk, array or other such item attached to a
communications tower shall be permitted to overhang any part of the right-of-
way or property line.
4. The base of all towers shall be surrounded by a sight obscuring security fence,
in accord with the underlying zone.
5. All tower facilities shall include a landscape buffer. The buffer shall consist of a
landscape strip of at least five feet (5') wide outside the perimeter of the
compound. A minimum of fifty percent (50%) of the plant material shall be of an
evergreen variety. In locations of where the visual impact of the tower is
minimal, the Director may waive this requirement through the alternative
compliance procedure in accord with Chapter 5 ADMINISTRATION of this Title.
6. All climbing pegs within the bottom twenty feet (20') of the tower shall be
removed except when the tower is being serviced.
7. All lighting on the tower, other than may be required by the FAA, shall be
prohibited.
8. No tower shall have constructed thereon, or attached thereto, in any way, any
platform, catwalk, crow's nest, or like structure, except during periods of
25 Chapter 4 SPECIFIC USE STANDARDS
6/2/05
construction or repair. No signs or banners shall be attached to any portion of a
wireless communications tower.
Setback standards: If the tower does not exceed the maximum building height
allowed for the zoning of the land upon which it is to be placed, the tower shall
meet the setback requirement for that zone, with the following exceptions:
1. If the property is located next to a residential district, the setback requirements
shall be one hundred twenty-five percent (125%) of the height of the tower.
a. If the tower exceeds the maximum height allowance for the district, the
setback requirements shall be one foot (1') for every ten feet (10) of tower
height, in addition to the district's setback requirements.
b. If the tower is not constructed to meet the standards set forth in the
Telecommunications Industry Association/Electronic Industries Association
(TIA/EIA) 222 revision F standards entitled "Structural Standards for Steel
Antenna Supporting Structures" the setback requirement shall be one foot (1')
for every foot in height of the tower. This shall be measured from all property
lines and shall be referred to as the "fall zone." Only the accessory equipment
building shall be permitted to be located within the fall zone.
2. Communication towers must be set back from all public owned right-of-way by
a minimum of two (2) times the height of the tower to be installed. If this
setback requirement is in conflict with any other setback requirement, the
setback shall be the greater distance.
3. All communication towers shall be set back at least three (3) times the height of
the tower from all principal arterial streets.
Co -location Standards:
1. A proposal for a new commercial communication tower shall not be approved
unless the decision-making body finds that the telecommunications equipment
planned for the proposed tower cannot be accommodated on an existing or
approved tower.
2. It shall be the burden of the applicant to demonstrate that the proposed tower
or antenna cannot be accommodated on an existing or approved tower or
structure. One or more following pieces of documentation shall be provided as
proof that the new tower is necessary:
a. Unwillingness of other tower or facility owners to entertain shared use.
b. The proposed co -location of an existing tower or facility would be in violation
of any state or federal law.
c. The planned equipment would exceed the structural capacity of existing
towers, as documented by a qualified and licensed structural engineer.
26 Chapter 4 SPECIFIC USE STANDARDS
IyMISM
d. The planned equipment would cause interference, materially impacting the
usability of other existing or planned equipment on the tower as documented
by a qualified and licensed engineer.
e. Existing or approved towers cannot accommodate the planned equipment at
a height necessary to function reasonably as documented by a qualified and
licensed engineer.
3. All proposed communication towers shall be designed (structurally, electrically,
and in all respects) to accommodate both the applicant's antennae and
comparable antennae for at least two (2) additional users if the tower is over
one hundred ten feet (110') in height and for at least one (1) additional user if
the tower is over fifty feet (50') in height.
K. Abandoned or unused towers or portions of towers: All abandoned or unused
towers and associated facilities shall be required to be removed within sixty (60)
days of cessation of use as a wireless communication facility, unless a time
extension is granted by the city council. A copy of the relevant portions of a
signed lease, which requires the applicant to remove the tower and associated
facilities upon cessation of the use as a wireless communication facility, shall be
submitted at the time of application and resubmitted upon renewal or termination.
In the event that the tower and associated facilities are not removed within the
sixty (60) days, the tower and associated facilities may be removed by the city
and the costs of removal assessed against the real property.
27 Chapter 4 SPECIFIC USE STANDARDS
CHAPTER
ADMINISTRATION
SECTIONS:
11-5-1: PURPOSE=
11-5-2: APPLICABILITY
6/2/05
11-5-1: PURPOSE: The purpose of this Chapter is to set forth the roles,
responsibilities and processes in the administration of permits that are authorized by this
Title and consistent with Idaho Code §67-6502 et seq. as amended.
11-5-2: APPLICABILITY:
A. All applications shall be administered in accord with Article A. general provisions
of this Chapter.
B. All applications shall be administered in accord with Article B. specific provisions
of this Chapter.
C. Surety agreements shall be in accord with Article C. surety agreements of this
Chapter.
Chapter 5 ADMINISTRATION
6/2/05
CHAPTER
ADMINISTRATION
ARTICLE A. GENERAL PROVISIONS
ARTICLE A. SECTIONS:
11-5A-1:
PURPOSE
11-5A-2:
DUTIES AND AUTHORITY
11-5A-3:
APPLICATION PROCESS
11-5A-4:
ADMINISTRATIVE PROCESS
11-5A-5:
PUBLIC HEARING PROCESS
11-5A-6:
CITY COUNCIL REVIEW PROCESS
11-5A-7:
FEES
11-5A-1: PURPOSE: The purpose of this Chapter is to set forth the roles,
responsibilities, and processes in the administration of permits that are authorized by
this Title consistent with Idaho Code §67-6502 et seq. as amended.
11-5A-2: DUTIES AND AUTHORITY:
A. City Council: The Meridian City Council shall have the authority to set policy and
legislation affecting land use and the administration of this Title. The City Council
shall act on recommendations from the Planning and Zoning Commission in
legislative and quasi-judicial matters and serve as a review authority on appeals
of discretionary and administrative actions. (See Table 11-5A-1.)
B. Planning and Zoning Commission: The Planning and Zoning Commission shall
be the designated planning agency for the City. The Planning and Zoning
Commission shall be responsible for final action on discretionary permits and for
recommendations to the City Council on land use legislation, comprehensive
plan amendments and quasi-judicial matters. In addition to the duties listed in
Title 1 of the Meridian City Code, the duties of the Planning and Zoning
Commission regarding implementation of this Title shall be as follows:
Provide for citizen meetings, hearings, surveys, or other methods to obtain
advice on the planning process, Comprehensive Plan, and implementation;
2. Conduct informational meetings and consult with public officials and agencies,
public utility companies, and civic, educational, professional, or other
organizations;
3. Promote a public interest in and understanding of the Commission's activities;
4. Make recommendations to the Council concerning the Comprehensive Plan,
planning process, or implementation of the Comprehensive Plan; and
Chapter 5 Article A. GENERAL PROVISIONS
2
6/2/05
5. Conduct public hearings and make recommendations based on the required
findings and standards to the City Council for applications in accord with Table
11-5A-1.
C. Planning Department Director: The Director shall be appointed by the mayor and
confirmed by a majority of the City Council as the administrative official for the
Unified Development Code, The Director or his or her authorized staff shall
administer and enforce this Title and fulfill all the duties imposed by law including,
but not limited to:
1. The Director shall make interpretations in the enforcement and administration
of this Title (See Table 11-5A-1) including, but not limited to, those in Chapter 1
GENERAL PROVISIONS of this Title and the following:
a. Conduct investigations of structures and use of property as are necessary to
determine compliance with the regulations of this Title;
b. Order the abatement of violations of this Title and aid in prosecuting such
violations;
C. Withhold any Certificate of Zoning Compliances on any property where
structures or uses are in violation of the Unified Development Code; and
d. Enforce penalties for violations in accord with Meridian City Code 6-1-6.
2. The Director shall provide information to the public on planning, and zoning,
matters.
3. The Director shall receive and examine applications including, but not limited
to, the following:
a. With the consent of the owner, enter upon any property to make
examinations and surveys;
b. Maintain records of all materials and correspondence related to land use
applications;
c. Transmit to outside agencies and provide written notice to surrounding
property owners on all Commission and Council hearings;
d. Maintain records of the Commission and Council hearings and actions
thereon;
e. Transmit to the Commission or Council all applications related to this Title.
4. The Director shall issue Certificates of Zoning Compliance.
Chapter 5 Article A. GENERAL PROVISIONS
11
-00166i
5. The Director shall review and act on requests for Alternative Compliance as
identified in Table 11-56-1.
D. The following is a summary list of the actions that the City shall take in
administration of this Title, the body responsible for the action, and reference to
the process under which the action shall be taken. In the case of a permit
requiring action from more than one decision body, the permits shall be
combined and the decision-making body with the highest authority shall be
responsible for all decisions.
TABLE 11-5A-1: DECISION-MAKING AUTHORITY BYAPPLICATION
A►PPLICATx)NI ;, `
RECOMMENLIING1';
1:@W11R
All persons making application for permits and decisions in accord with this
Title shall submit an application to the Director on forms approved by the
Planning and Zoning Commission and provided by the Planning Department.
2. Prior to the commencement of any substantive changes to the application
requirements, Director shall submit the changes to the Planning and Zoning
Commission at a public hearing,
C. Determination of completeness:
1. An application shall contain all information deemed necessary by the Director
to determine if the proposed permit or action will comply with the requirements
of the applicable district or development regulation.
2. Upon receipt of a compete application, the City will issue a notice of application
acceptance and completion.
3. The Director shall assign a file number and begin processing the application
once the application is deemed complete.
D. Fee: All complete applications shall be accompanied by a filing fee in an amount
established by City ordinance or resolution.
E. Resubmitted: No application that has been denied by the Director, the
Commission, or the Council shall be resubmitted, in substantially the same form
for the same use, within one (1) year from the date of denial. The Director may
waive the one- (1) year requirement and accept a new application, where the
subject property is affected by amendments to the Comprehensive Plan or to this
Title.
F. Request for City Council review: The City Council may be asked to review any
decision of the Director or the Commission by an applicant, any party of a record
or a City Council member through the provisions set forth in Section 11-5A-6 city
council review process.
11-5A-4: ADMINISTRATIVE PROCESS:
A. The Director may require conditions of approval that are deemed necessary to
protect the public health, safety, and welfare and prevent undue adverse impacts
on surrounding properties.
B. The Director shall provide the applicant written findings of fact and conclusions of
law in accord with Idaho Code §67-6519 stating the reasons for the decision
reached. All conditions of approval shall be attached to the written decision.
4 Chapter 5 Article A. GENERAL PROVISIONS
6/2/05
C. Mailed notice of the Director's decision shall be sent to all parties of record. Any
person aggrieved by the Director's decision may submit a written request for City
Council review in accord with Section 11-5A-6 of this Chapter. The Director's
decision is not final until the end of the fifteen- (15) day appeal period.
11-5A-5: PUBLIC HEARING PROCESS:
A. Decisions on permits and requests for action requiring a public hearing are based
on standards that require substantial discretion and are matters having broad
public interest.
S. Applicants for permits requiring a public hearing are required to conduct a pre -
application meeting with the Department.
C. Neighborhood meetings.
1. Applicants are required to hold a neighborhood meeting to provide an
opportunity for public review of the proposed project prior to the submittal of an
application.
2. Notice of the neighborhood meeting shall be provided to all property owners of
record within three hundred feet (300') of the exterior boundary of the
application property. Notice of the meeting shall be either hand -delivered or
mailed to the recipients.
3. Notice of the meeting shall be provided at least five days (5) prior to the
meeting. The meeting shall be held not more than three (3) months or less than
five (5) days prior to the submittal of an application.
D. Posting of public hearing notice
All applications requiring a public hearing shall post the subject property,
except posting is not required for a Unified Development Code text
amendment, a Comprehensive Plan text amendment and/or vacations.
2. Not less than ten (10) days prior to the hearing, the applicant shall post a copy
of the public hearing notice of the application on the property under
consideration. Except as noted herein, posting of the property must be in
substantial compliance with the following requirements:
a. Conditional Use Permit applications for daycare, group; and annexation,
preliminary plat, variance, rezone, and comprehensive plan amendment
applications for properties of land less than three (3) acres in size: The
applicant shall post a sign consisting of one eleven -inch by seventeen- inch
(11" x 17") piece of paper mounted to a rigid surface of at least equal size, or
other material stating the name of the applicant, a statement concerning the
proposed development, and the date, time and location of the public hearing.
b. All other hearings shall require the following posting notice:
Chapter 5 Article A. GENERAL PROVISIONS
6/2/05
i. The sign(s) shall consist of four -foot by four -foot (4' x 4') plywood or other
hard surface mounted on two (2) four -inch by four -inch (4" x 4") posts, or
attached to another Director -approved support in such a manner that it is
perpendicular to the roadway along which the sign is posted and the
bottom of the sign is at least three feet (3') above the ground.
Centered at the top of the four -foot by four -foot (4'x 4') signboard(s) in six
inch (6") letters shall be the words City of Meridian Public Hearing
Notice." In addition, each sign will inform the public of the nature of the
hearing, the date, time and address of the hearing location, a summary of
the proposal to be considered, a city contact phone number, the location
of the development and the name of the applicant, and if applicable, the
proposed development. Each sign shall be painted white, and the letters
shall be painted black and shall appear on both sides. An example of this
sign is set forth below.
Size =
six inches (6")
Size =
two inches (2")
Size
one and one-half
inches (1.5")
CITY OF MERIDIAN PUBLIC HEARING NOTICE
Meridian Planning and Zoning Commission
THE CITY OF MERIDIAN will hold a public hearing on
January 1, 2001, at 7:00 p.m. at the Meridian City Hall
(33 E. Idaho).
PURPOSE: Annexation and Zoning — You Name it Subdivision -
Zoning R-4, Subdivision Preliminary Plat, 7.66 acres, 29 lots,
single-family dwelling, 1 lot open space/drainage w/landscape
entryway.
PROPERTY LOCATION: SW corner of Ustick Rd. and Linder Rd.
APPLICATION BY: John and Jane Doe
Contact a City Planner at 884-5533 with any questions.
2. Sign placement: The signs shall be posted on the land being considered along
each roadway that is adjacent to the subject property boundaries. The sign(s)
shall be located on the property, outside of the public right-of-way. If the sign
cannot be placed on the property and still be clearly visible, the sign may be
placed within the right-of-way if the applicant can obtain the consent of the
owner of the right-of-way.
3. Proof of posting: The applicant shall submit a notarized statement and a
photograph of the posting to the City no later than seven (7) days prior to the
public hearing attesting to where and when the sign(s) were posted. Unless
Certificate is received by such date, the hearing will be continued.
Chapter 5 Article A. GENERAL PROVISIONS
E
6/2/05
4. Sign removal: The signs shall be removed no later than three (3) days after the
public hearing for which the sign had been posted is ended.
Mailing and publishing of the public hearing notice
1. Legal Notice: At least fifteen (15) days prior to the public hearing, the City shall
publish a notice of the time and place and a summary of the application in the
official newspaper of general circulation in Ada County.
2. Radius notice:
a. At least fifteen (15) days prior to the public hearing, the City shall send a
notice by first class mail of the time and place, and a summary of the
application to property owners or purchasers of record (as listed in the
current records of the Ada County Assessor) owning property within three
hundred feet (300') of the property being considered.
b. The noticing shall be extended to property owners within one thousand feet
(1,000') of the external property boundaries for heavy industries and wireless
communication facilities.
The Director may determine, or other applications provided for in this Title
may require, that notices be sent to property owners or purchasers of record
whose properties are further than three hundred feet (300') or one thousand
feet (1,000') from the external boundaries of the property.
3. Alternate forms of notice. When posted or mailed notice is required of two
hundred (200) or more property owners or purchasers of record, alternate
forms of notice may be provided as follows:
a. In lieu of mailed notice, one (1) additional notice of the time and place of the
hearing and summary of the proposal shall be published in a newspaper of
general circulation within the County, not less than ten (10) days prior to the
hearing; and/or
b. At least seven (7) days prior to the hearing, a public service announcement
shall be made available to newspapers, radio, and television stations
servicing the City.
4. Notice to other jurisdictions: The City shall send notice of the application to
other jurisdictions with interest and/or authority over the application, including
but not limited, to the following:
a. Other jurisdictions with joint jurisdiction;
b. Appropriate utility companies, irrigation companies or districts and drainage
districts;
7 Chapter 5 Article A. GENERAL PROVISIONS
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c. Health and transportation authorities; and
d. School district.
F. Public hearing
1, The City Council and/or Planning and Zoning Commission shall conduct the
public hearing in accord with the procedures set forth in Title 1 of the Meridian
City Code.
2. If the decision-making body (see Table 11-5A-1) finds that it does not have
sufficient information to make a decision, it may continue the public hearing.
The decision-making body may also choose to conduct a study session with all
parties of record to address questions and issues related to the application.
3. The decision-making body (see Table 11-5A-1) may require or recommend
conditions of approval that it deems necessary to protect the public health,
safety, and welfare and/or to prevent undue adverse impacts on surrounding
properties.
4. After the conduct of the public hearing, the Planning and Zoning Commission
may recommend approval, recommend denial, approve, approve with
conditions, or deny the application request; the City Council may approve,
approve with conditions, or deny the application request.
5. The decision-making body (see Table 11-5A-1) action shall be made within
seventy (70) days after receiving all information to make a decision or seventy
(70) days from the last meeting where the application is considered if additional
information is not needed. For applications where the Commission is acting as
a recommending body, the Commission shall forward its recommendation to
the Council within forty-five (45) days.
6. The decision-making body (see Table 11-5A-1) shall provide the applicant
written findings of fact and conclusions of law in accord with Idaho Code §67-
6519 and §67-6535 stating the reasons for the decision reached. Conditions of
approval shall be attached to the written decision or recommendation.
11-5A-6: CITY COUNCIL REVIEW PROCESS:
A. Request for City Council review of a decision of the Director or the Planning and
Zoning Commission concerning the administration of this Title may be made by
an applicant, the Director, or a party of record.
B. All requests for review shall be filed in writing with the Department within fifteen
(15) days after the written decision is issued. The request shall include the
following information:
1. The decision being requested for review;
Chapter 5 Article A. GENERAL PROVISIONS
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2. The name and address of the person requesting the review and their interest in
the matter; and
3. The specific grounds upon which the request is made.
C. After receipt of a request for review of the action of the Director or Commission,
the Council shall hold a de nova public hearing to reach a decision to uphold or
overrule the action.
D. By simple majority vote, the City Council may uphold or overrule the decision.
1. In the case of consideration of a decision of the Director:
a. If the action is overruled, the City Council shall issue a written decision and
send the matter back to the Director for action consistent with the City
Council's decision.
b. If the action of the Director is upheld, the City Council shall issue a written
decision stating the decision and the reasons for the decision.
2. In the case of consideration of a decision of the Commission, if the decision is
overruled, the Council shall issue findings consistent with the decision.
E. Stay of proceedings. A request for City Council review stays all proceedings in
furtherance of the action unless the Director certifies to the Council or
Commission, after notice of the request is filed, that by reason of facts stated in
the application, a stay would in the Director's opinion cause imminent peril to life
and property. In such cases, proceedings shall not be stayed other than by a
restraining order which may be granted by the Council or court based on an
application, with notice showing due cause.
F. Notification: Within ten (10) days, after a decision has been rendered by the City
Council, the Director shall send a copy of the written decision to the individual
requesting the City Council review and the applicant, as may be applicable.
11-5A-7: FEES: In the application of fees for the review of permit applications, the
following rules shall apply:
A. Basis for calculation: For any requested public hearing involving more than one
(1) classification of a petition or application, the filing fee shall be calculated on
the basis of the cumulative fee for the individual application(s).
B. Waiver of fee: Notwithstanding any of the preceding fee schedules, the City
Council shall have the authority to waive in whole or in part any application fee
when such a fee would present a hardship. An applicant for a hardship waiver
must present the request in writing to the City Council, outlining the degree of
such hardship.
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C. Fees not refundable: Fees to be charged for the various procedures stated above
are not refundable, except where a petition or application is withdrawn at least
three (3) weeks prior to the date of its scheduled public hearing, and then only
after order by the City Council.
10 Chapter 5 Article A. GENERAL PROVISIONS
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CHAPTER 5
ADMINISTRATION
ARTICLE B. SPECIFIC PROVISIONS
ARTICLE B.
SECTIONS:
11-513-1:
CERTIFICATE OF ZONING COMPLIANCE
11-58-2:
UNIFIED DEVELOPMENT CODE AMENDMENTS
11-56-3.
ANNEXATIONS AND REZONES
11-56-4:
VARIANCES
11-56-5:
ALTERNATIVE COMPLIANCE
11-513-6:
CONDITIONAL USES
11-56-1: CERTIFICATE OF ZONING COMPLIANCE
A. Purpose: The purpose of the Certificate of Zoning Compliance is to ensure that
all construction, alterations and/or the establishment of a new use complies with
all of the provisions of this Title before any work on the structure is started and/or
the use is established.
B. Applicability: These provisions apply to all requests for permits that involve
construction, exterior alterations and/or the establishment of a new use. These
Provisions do not apply to tenant improvements where the footprint of an existing
structure is not enlarged.
C. Process: A Certificate of Zoning Compliance shall be issued by the Director when
there is a demonstration that the development complies with all provisions of this
Title.
I. No Certificate of Zoning Compliance shall be issued for any use on a property
in violation of this Title or on a property that contains structures or uses in
violation of this Title.
2. The Certificate of Zoning Compliance shall be invalid:
a. If the Certificate was secured in violation of a State or Federal law;
b. Upon violation of any regulations of this Title on the subject property; or
c. If the conditions of the Certificate of Zoning Compliance have been violated.
All further work shall cease on a project until the violation has been remedied.
3. Certificate of Zoning Compliances issued in conjunction with a proposed use
shall expire if said use has not commenced within one (1) year of the date of
issuance of the Certificate of Zoning Compliance.
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4. Certificate of Zoning Compliances issued in conjunction with construction or
alteration of a structure shall expire if said construction or alteration has not
commenced within one (1) year of the date of issuance of the Certificate of
Zoning Compliance.
5. The Certificate of Zoning Compliance may require inspections and approvals
specified in the approval of the application.
11-56-2: UNIFIED DEVELOPMENT CODE TEXT AMENDMENTS:
A. Purpose: The purpose of this section is to establish procedures for amendments
to the text, tables and graphics of this Title.
B. Applicability: The provisions of this section shall apply to all text within this Title.
C. Process:
1. Unified Development Code Amendment initiated by the City. The Planning and
Zoning Commission may propose to amend this Title following notice and
Public hearing procedures in Article A. GENERAL PROVISIONS of this Chapter.
2. Unified Development Amendment initiated by a property owner. The applicant
shall complete a pre -application conference with the Director prior to submittal
of an application for a Unified Development Code text amendment. An
application and fees, in accord with Article A. GENERAL PROVISIONS of this
Chapter, shall be submitted to the Director on forms provided by the
Department.
3. The Council shall apply the standard listed in Section 11-513-2D and the
findings listed in Section 11-56-2E of this Title to review the Unified
Development Code text amendment.
D. Required findings. Upon recommendation from the Commission, the Council
shall make a full investigation and shall, at the public hearing, review the
application. In order to grant a text amendment to the Unified Development
Code, the Council shall make the following findings:
1. The text amendment complies with the applicable provisions of the
comprehensive plan;
2. The text amendment shall not be materially detrimental to the public health,
safety, and welfare; and
3. The text amendment shall not result in an adverse impact upon the delivery of
services by any political subdivision providing public services within the City
including, but not limited to, school districts.
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11-58-3: ANNEXATIONS AND REZONES:
A. Purpose: The purpose of this section is to establish procedures for annexations
and rezones, including amendments to the Official Zoning Maps,
B. Applicability: The provisions of this section shall apply to all lands within the
legally defined Meridian City limits, the Meridian Area of City Impact, and all other
annexable properties as set forth in Idaho Code §50-222.
C. Process:
1. Annexation and/or rezone initiated by Council. The City Council shall follow the
procedures for annexation as set forth in Idaho Code §50-222.
2. Annexation and/or rezone initiated by property owner. The applicant shall
complete a pre -application conference with the Director prior to submittal of an
application for an Annexation and/or Rezone. An application and fees, in
accord with Article A. GENERAL PROVISIONS of this Chapter, shall be submitted
to the Director on forms provided by the Department.
The Council shall apply the standard listed in Section 11-513-3D and the
findings listed in Section 11-513-3E of this Title to review the annexation and/or
rezone request.
D. Standards:
The subject property shall meet the minimum dimensional standards of the
proposed district.
2. The City may require a development agreement in conjunction with the
annexation or rezone pursuant to Idaho Code §65-6711A.
a. The termination of a development agreement shall result in the reversal of the
Official Zoning map amendment approval and applicable development
approval for any undeveloped portion of property subject to the development
agreement. The undeveloped property subject to the development agreement
shall be rezoned to the district classification in effect prior to approval of the
development agreement.
b. Any action by the Council to amend or terminate a previously recorded
development agreement shall be recorded in the office of the Ada County
Recorder by the Clerk to the Council.
E. Required Findings. Upon recommendation from the Commission, the Council
shall make a full investigation and shall, at the public hearing, review the
application. In order to grant an annexation and/or rezone, the Council shall
make the following findings:
Chapter 5 Article B. SPECIFIC PROVISIONS
1. The map amendment complies with the applicable provisions of the
comprehensive plan;
2. The map amendment complies with the regulations outlined for the proposed
district, specifically the purpose statement;
3. The map amendment shall not be materially detrimental to the public health,
safety, and welfare; and
4. The map amendment shall not result in an adverse impact upon the delivery of
services by any political subdivision providing public services within the City
including, but not limited to, school districts.
5. The annexation (as applicable) is in the best of interest of City.
11-513-4: VARIANCES:
A. Purpose: The purpose of this section is to establish procedures for modification
from the bulk and placement requirements of this Title.
B. Applicability: The provisions of this section shall apply to requests to vary from
the requirements of this Title with respect to lot size, width, and depth; front, side,
and rear setbacks; parking spaces; building height; and all other provisions of
this Title affecting the size and shape of a structure or the placement upon
properties.
C. Process.
1. The applicant shall complete a pre -application conference with the Director
prior to submittal of an application for a variance.
2. An application and fees, in accord with Article A. GENERAL PROVISIONS of this
Chapter, shall be submitted to the Director on forms provided by the Planning
Department.
3. The Council shall apply the standards listed in Section 11 -5B -4.D and all the
findings listed in Section 11 -5B -4.E of this Title to review the variance.
D. Standard. The variance shall comply with Idaho Code §67-6516.
E. Required findings. In order to grant a variance, the Council shall make the
following findings:
1. The variance shall not grant a right or special privilege that is not otherwise
allowed in the district;
2. The variance relieves an undue hardship because of characteristics of the site;
and
4 Chapter 5 Article B. SPECIFIC PROVISIONS
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3. The variance shall not be detrimental to the public health, safety, and welfare.
11-5B-5: ALTERNATIVE COMPLIANCE:
A. Purpose: The purpose of this process is to provide for alternative means in which
to meet the intended purposes of certain development regulations when explicit
compliance is not feasible or the alternative means is superior to what is
required. The regulations of this section are intended to encourage creative
solutions to land use problems. The City recognizes that some specific
requirements of this Title do not anticipate all possible situations. Further, the
City recognizes that there may be land use proposals that conform to the
purpose, intent, and objectives of the regulations in this Title but were not
anticipated in the specific regulations. This subsection sets forth an alternative
method of compliance in the event of these situations.
B. Applicability
1. This process is intended to replace specific requirements as set forth
throughout this Title as follows:
TABLE 11-5A-1: ALTERNATIVE COMPLIANCE
2. Requests for alternative compliance are allowed only when one (1) or more of
the following conditions exists:
a. Topography, soil, vegetation, or other site conditions are such that full
compliance is impossible or impractical;
b. The site involves space limitations or an unusually shaped lot;
c. Safety considerations make alternative compliance desirable;
Chapter 5 Article B. SPECIFIC PROVISIONS
6/2/05
d. Other regulatory agencies or departments having jurisdiction are requiring
design standards that conflict with the requirements of this Article;
e. The proposed design includes innovative design features based on "New
Urbanism," "Neo -Traditional Design," or other site designs that promote
walkable and mixed use neighborhoods; or
f. Additional environmental quality improvements would result from the
alternative compliance.
3. Requests for alternative compliance of the landscaping requirements may also
be based on the following conditions:
a. Because of a change of use on an existing site, the required landscape buffer
is larger than can be provided; or
b. The applicant is proposing a pond with a permanent water level in a required
landscape area.
C. Process:
1. The applicant shall submit a written application for alternative compliance prior
to the submittal of a development application or upon the determination that the
development request does not comply with specific provisions of this Title.
2. An application and fees, in accord with Article A. GENERAL PROVISIONS of this
Chapter, shall be submitted to the Director on forms provided by the
Development Services Department.
3. The application shall specify:
a. the specific requirements that are proposed to be modified;
b. the reasons for the modification; and
c. a demonstration of how the alternative means for compliance meets the
requirements' intended purpose.
4. The Director shall apply the standard listed in Section 11 -5B -4.D and the
findings listed in Section 11 -3B -4.E of this Title to review the request for
alternative compliance.
D. Standard: The proposed alternative means for compliance with the specific
requirements shall demonstrate that the alternative provides an equal or superior
means of meeting the intent and purpose of the regulation.
E. Required findings: In order to grant approval for an alternative compliance, the
Director shall determine the following:
6 Chapter 5 Article B. SPECIFIC PROVISIONS
7
6/2/05
1. Strict adherence or application of the requirements are not feasible; or
2. The alternative compliance provides an equal or superior means for meeting
the requirements; and
3. The alternative means will not be materially detrimental to the public welfare or
impair the intended uses and character of surrounding properties.
F. Precedent: Alternative compliance shall be limited to the specific project under
consideration and shall not establish precedent for acceptance in other cases.
11-5B-6: CONDITIONAL USES:
A. Purpose: The purpose of this section is to establish procedures that allow for a
particular use on a particular property subject to specific terms and conditions of
approval.
B. Applicability: The provisions of this section apply to all uses identified as
conditional use in Chapter 2 district regulations and as otherwise required by
specific development standards in Chapter 4 specific use standards.
C. Process:
1. The applicant shall complete a pre -application conference with the Director
prior to submittal of an application for a conditional use.
2. An application and fees, in accord with Article A. GENERAL PROVISIONS of this
Chapter, shall be submitted to the Director on forms provided by the Planning
Department,
3. The Director may require additional information concerning the social,
economic, fiscal or environmental effects of the proposed conditional use.
D. Standards: In approving any conditional use, the decision-making body may
prescribe appropriate conditions, bonds and safeguards in conformity with this
Title that:
1. Minimize adverse impact of the use on other property.
2. Control the sequence and timing of the use.
3. Control the duration of the use,
4. Assure that the use and the property in which the use is located is maintained
properly.
5. Designate the exact location and nature of the use and the property
development.
Chapter 5 Article B. SPECIFIC PROVISIONS
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6. Require the provision for on-site or off-site public facilities or services.
7. Require more restrictive standards than those generally required in this Title.
8. Require mitigation of adverse impacts of the proposed development upon
service delivery by any political subdivision, including school districts, that
provides services within the City.
E. Findings: The Commission shall base its determination on the Conditional Use
Permit request upon the following:
1. That the site is large enough to accommodate the proposed use and meet all
the dimensional and development regulations in the district in which the use is
located.
2. That the proposed use will be harmonious with the Meridian Comprehensive
Plan and in accord with the requirements of this Title.
3. That the design, construction, operation and maintenance will be compatible
with other uses in the general neighborhood and with the existing or intended
character of the general vicinity and that such use will not adversely change
the essential character of the same area.
4. That the proposed use, if it complies with all conditions of the approval
imposed, will not adversely affect other property in the vicinity.
5. That the proposed use will be served adequately by essential public facilities
and services such as highways, streets, schools, parks, police and fire
Protection, drainage structures, refuse disposal, water, and sewer.
6. That the proposed use will not create excessive additional costs for public
facilities and services and will not be detrimental to the economic welfare of the
community.
7. That the proposed use will not involve activities or processes, materials,
equipment and conditions of operation that will be detrimental to any persons,
property or the general welfare by reason of excessive production of traffic,
noise, smoke, fumes, glare or odors.
B. That the proposed use will not result in the destruction, loss or damage of a
natural, scenic or historic feature considered to be of major importance.
F. Time limitations and extensions:
Chapter 5 Article B. SPECIFIC PROVISIONS
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A Conditional Use Permit, when granted, shall be valid for a maximum period
of eighteen (18) months unless otherwise approved by the City. During this
time, the applicant shall commence the use as permitted in accord with the
conditions of approval, satisfy the requirements set forth in the conditions of
approval, and acquire building permits and commence construction of
permanent footings or structures on or in the ground.
2. For Conditional Use Permit that also require platting, the final plat must be
recorded within this eighteen- (18) month period.
3. For projects with multiple phases, the eighteen (18) month deadline shall apply
to the first phase. In the event that the development is made in successive
contiguous segments or multiple phases, such phases shall be constructed
within successive intervals of one (1) year from the original date of approval. If
the successive phases are not submitted within the one- (1) year interval, the
conditional approval of the future phases shall be null and void.
4. Upon written request and filed by the applicant prior to the termination of the
period in accord with 11 -5B -6.G.1 of this section, the Director may authorize a
single extension of time to commence the use not to exceed one eighteen (18)
month period. Additional time extensions up to eighteen (18) months as
determined and approved by the Commission may be granted. With all
extensions, the Director or Commission may require the conditional use comply
with the current provisions of this Chapter.
5. Approval of requests for time extension to an approved conditional use shall be
determined by the decision-making body at a public hearing and will not be
granted if any of the following conditions exist:
a. Significant amendments to the Comprehensive Plan or Unified Development
Code have been adopted that change the basis under which the Conditional
Use Permit was granted.
b. Significant changes in land use have occurred in the area that will impact or
be impacted by the project.
c. Hazardous conditions have developed or have been discovered that will
impact the project.
d. Community facilities and services are no longer adequate to serve the
project.
6. The Commission may place additional requirements, modify the previous
approval or deny the request.
7. No more than two (2) one- (1) year time extensions may be granted to a single
conditional use.
G. Transfers and Modifications:
Chapter 5 Article B. SPECIFIC PROVISIONS
6/2/05
With the exceptions of child care services, Conditional Use Permit are an
entitlement to the specific property on which the approval was granted and
upon property sale the entitlement transfers to the new owner(s) without further
application or approval, provided, however, the new owner(s) shall be bound by
the same time limits and conditions of approval as the original permit holder(s).
A Conditional Use Permit is not transferable from one property to another.
2. The Director may approve or deny specified minor modifications, provided such
modifications were not the subject of review during the original public hearing
and will not adversely impact adjacent properties. Such minor modifications
include, but are not limited to, the following:
a. A reduction in density not exceeding twenty-five percent (25%) of the total
units.
b. Minor relocation of dwelling units or building pads for practical reasons such
as road alignment, topography or access.
c. Minor changes to the recreation area or open space design, but not
elimination or reduction in area.
d. Increase in building square footage, not exceeding twenty percent (20%),
provided that the parking and landscaping requirements are met.
3. All other modifications shall be considered by the Planning and Zoning
Commission at a public hearing. The Commission may modify the conditions,
limitations and/or scope of the permit, in accord with the limitations and
requirements of Section 11 -5B -6B of this Article.
4. A change in ownership for a day care facility or group day care facility for
children shall require a modification to the original approval.
H. Revocation:
A Conditional Use Permit may be revoked or modified the City Council, upon
notice and hearing, for breach or violation of any condition of approval or
limitation of the permit.
2. If City Council decides to revoke a Conditional Use Permit, either on its own
action or upon complaint to the City Council, the Council shall notify the permit
holder of its intention to revoke the conditional use permit and provide the
permit holder with the opportunity to contest the revocation.
3. Fifteen (15) days' prior notice of the hearing shall be given to the permit holder
and all property owners within three hundred feet (300') of the boundaries of
the land that was issued the permit.
4. The City Council shall make findings of fact and conclusions of law supporting
its decision to revoke the Conditional Use Permit. If the Council does not
10 Chapter 5 Article B. SPECIFIC PROVISIONS
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decide to revoke the Conditional Use Permit, no findings of fact and
conclusions of law shall be made.
5. An aggrieved permit holder or complainant may appeal the decision of the City
Council under the Administrative Procedures Act of the State of Idaho, Idaho
Code §67-5215(b) through (g).
11 Chapter 5 Article B. SPECIFIC PROVISIONS
6/2/05
CHAPTERS
ADMINISTRATION
ARTICLE C. SURETY AGREEMENTS
ARTICLE C.
SECTIONS:
11-5C-1:
PURPOSE
11-5C-2:
APPLICABILITY
11-5C-3:
PROCESS
11-5C-4:
PENALTY FOR FAILURE TO COMPLETE CONSTRUCTION
11-5C-1: PURPOSE: The purpose of this section is to establish procedures that
guarantee the completion of improvements where occupancy of a. structure is desired,
but the improvements required by the City have not been completed.
11-5C-2: APPLICABILITY: The provisions of this section shall apply only to those
improvements that are not needed to protect the public heath, safety and life. Applicable
improvements include landscaping, fencing, pressurized irrigation systems and site
amenities. The following improvements must be installed and are not eligible for surety:
water, sewer, and power facilities; parking lot paving and striping; and street paving.
11-5C-3: PROCESS:
A. The City may withhold building, electrical or plumbing permits, certificates of
zoning compliance, or certificates of occupancy on the lots or land being
developed or subdivided, or the structures constructed thereon, if the
improvements required under this Title have not been constructed or installed, or
if such improvements are not functioning properly.
B. All improvements related to public life, safety and health shall be completed prior
to occupancy of the structures.
C. In the event that an applicant and/or owner cannot complete the non- life, safety
and health improvements, such as landscaping, pressurized irrigation, and
fencing, within the time specified in the final plat approval or prior to occupancy, a
surety agreement may be approved in accord with the procedures set forth in
Chapter 5 administration.
D. The amount of surety called for shall be equal to not less than 110 percent of the
cost of completing the required improvements. The estimated cost shall be
provided by the applicant and reviewed and approved by the City Engineer,
excluding landscape and fencing sureties. The estimated cost for landscape and
fencing sureties shall be provided by the applicant and reviewed and approved
by the Director.
Chapter 5 Article C. SURETY AGREEMENTS
6/2/05
E. The surety shall be in the form of an irrevocable letter of credit or a cash deposit.
In all cases the surety shall be drawn solely in favor of, and payable to, the order
of the City of Meridian, in accord with the regulations contained in the surety
agreement by and between the guarantor and the City of Meridian.
F. Where a surety is accepted by the City and deposited as provided by this Article,
the City may release temporary occupancy of a structure or structures. The term
of the temporary occupancy shall be determined by the City Engineer and/or
Director. The term shall not exceed one hundred eighty days (180) in length.
G. Where a surety is accepted by the City and deposited as provided by this Article,
the surety shall be released subject to the following regulations:
1. The owner shall submit a written request to the City to return the surety. The
request shall include the following documents:
a. A statement from the owner that the required improvements are complete.
b. Two sets of prints of the as -built plans and specifications for all
improvements.
2. The City Engineer and/or Director shall verify and certify that the required
improvements, as detailed in the surety agreement, have been installed. The
as -built plans shall be reviewed and approved by the City Engineer or Director.
3. Upon certification of the City Engineer and/or the Director, the City shall
release the sureties heretofore deposited in the manner and to the extent as
provided for in the surety agreement in accord with the regulations of this
Article.
11- 5C-4: PENALTY FOR FAILURE TO COMPLETE CONSTRUCTION: In the
event an applicant and/or owner shall, in any case, fail to complete the public
improvements in the time period required, the City Council may proceed to have such
work completed and recover the city's costs by any legal means available, including:
foreclosing its lien or, in the event financial guarantees have been required, to pursue
the remedies provided by those financial guarantees.
Chapter 5 Article C. SURETY AGREEMENTS
CHAPTER6
SUBDIVISION REGULATIONS
SECTIONS:
11-6-1: PURPOSE
11-6-2: APPLICABILITY
1yjaa1.1
11-6-1: PURPOSE: The purpose of this Chapter shall be to implement a general
rule and standards for the subdivision of the land in the Meridian City limits and the Area
of City Impact.
11-6-2: APPLICABILITY:
A. All subdivision applications shall be administered in accord with Article A. general
provisions of this Chapter.
B. All subdivision applications shall be processed in accord with Article B.
subdivision process of this Chapter.
C. All subdivisions shall meet the design standards as set forth in Article C.
subdivision design standards of this Chapter.
1 Chapter 6 SUBDIVISION REGULATIONS
6/2/05
CHAPTER
SUBDIVISION REGULATIONS
ARTICLE A. GENERAL PROVISIONS
ARTICLE A. SECTIONS:
11-6A-1: PURPOSE
11-6A-2: APPLICABILITY
11-6A-3: AUTHORITY
11-6A-1: PURPOSE: The purpose of this Chapter shall be to implement a general
rule for the subdivision of the land in the Meridian City limits and the Area of City Impact.
This Chapter shall be based on the officially adopted Comprehensive Plan of the City
and is enacted in order to promote and protect the public health, safety, comfort,
convenience, prosperity, and general welfare and to achieve the following objectives:
A. To promote the achievement of the proposals of the Meridian Comprehensive
Plan;
B. To advance the City as a self-sufficient employment and economic center;
C. To encourage excellence and creativity in the design of all future developments
and to preserve the natural beauty of Meridian.
D. To encourage orderly growth and development, to avoid scattered development
of land that results in:
1. Lack of water supply, sewer service, drainage, transportation facilities, or
otherwise essential public services; or
2. Excessive expenditure of public funds for the supply of such services;
E. To provide for desirable and appropriately located living areas and a variety of
dwelling types and densities with adequate provision for sunlight, fresh air, and
usable open space;
F. To provide for the manner and form of making and filing of plats;
G. To specify the requirements as to the extent and the manner in which:
1. Roads and streets shall be created and improved;
2. Water and sewer and other utility mains, piping connections, or other facilities
shall be installed;
3. Pedestrian pathways consistent with the Comprehensive Plan are to be located
and designed; and
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4. Opportunities for future transit routes and stations are created;
H. To protect existing surface waters (Five Mile, Nine Mile, and Ten Mile Creeks)
throughout the City; and
To specify the administration of the regulations of this Chapter by defining the
powers and duties of approval authorities.
11-6A-2: APPLICABILITY: These regulations shall apply to the subdivision of all
land within the legally defined Meridian City limits and the Area of City Impact.
11-6A-3: AUTHORITY: The Ordinance codified in this Chapter 6 SUBDIVISION
REGULATIONS is adopted pursuant to authority granted by Idaho Code §67-6501 et seq.
and Idaho Code §50-1301 et seq, and the Idaho Constitution article 12, section 2, as
amended or subsequently codified. No subdivision plat required by this Chapter or the
Idaho Code shall be admitted to the public land records of the County, or recorded by
the County Recorder, until such subdivision plat has received final approval by the City
Council and signature of the City Engineer,
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CHAPTER
SUBDIVISION REGULATIONS
ARTICLE B. SUBDIVISION PROCESS
ARTICLE B.
SECTIONS:
11-66-1:
APPLICABILITY
11-66-2:
PRELIMINARY PLAT PROCESS
11-66-3:
FINAL PLAT PROCESS
11-66-4:
COMBINED PRELIMINARY AND FINAL PIAT PROCESS
11-613-5:
SHORT PLAT PROCESS
11-613-6:
REQUIRED FINDINGS
11-613-7:
TERM OF PERMITS
11-613-8:
PROPERTY BOUNDARY ADJUSTMENT
11-68-1: APPLICABILITY: There are four processes that govern the
subdivision of land: preliminary plat, final plat, short plat, and combined preliminary and
final plat. The process to be followed will depend on the property, the number of lots
created and the type of land use proposed and/or allowed on the property. The four
processes apply to all requests for the subdivision of property with the following
exceptions:
A. A parcel created by court decree that meets the dimensional standards of the
district in effect at the date of decree shall be deemed eligible for development.
Any parcel created by court decree that does not meet the dimensional
standards of the applicable districts in effect at the date of the court decree shall
be recognized as a parcel for transfer of ownership; however, the parcel shall not
be eligible for development including any building permits for renovation or repair
of an existing structure.
B. Property boundary adjustments: Adjustment of property lines in accord with
Section 11-6B-8 of this Chapter.
11-6B-2: PRELIMINARY PLAT PROCESS:
A. Pre -application conference: The applicant shall complete a pre -application
conference with the Director or designee prior to submittal of an application for a
preliminary plat. The purpose of this meeting is to discuss early and informally
the purpose and effect of this Title and the criteria and standards contained
herein.
B. Neighborhood meeting: In accord with Chapter 5 administration of this Title,
applicants are required to hold a neighborhood meeting to provide an opportunity
for public review of the proposed project prior to the submittal of an application.
C. Application requirements: An application, map requirements, and fees, in accord
with Chapter 5 administration of this Title shall be submitted to the Director. At
the discretion of the Director or City Engineer, appropriate supplementary
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information may also be required to sufficiently detail the proposed development
within any special development area, including but not limited to hillside, planned
unit development, floodplain, cemetery, manufactured home parks, and/or
hazardous or unique areas of development.
D. Public hearing Requirements: All preliminary plat applications shall comply with
the public notice and hearing procedures in accord with Chapter 5 administration
of this Title.
E. Decision: In accord with Chapter 5 administration of this Title, a decision on a
preliminary plat for a parcel of land is made by the City Council based on the
recommendations of the Planning and Zoning Commission.
11-6B-3: FINAL PLAT PROCESS:
A. Application requirements: After the approval or conditional approval of the
preliminary plat, the applicant may cause the total parcel, or any part thereof, to
be surveyed and a final plat prepared in accord with the approved preliminary
plat. An application and fees, in accord with Chapter 5 administration of this Title
shall be submitted to the Director on forms provided by the Planning Department.
B. Contents of final plat: The final plat shall include and be in compliance with all
items required under Idaho Code §50-1301 et seq. The final plat submittal shall
include at least:
1. A written application for approval of such final plat as stipulated by the
Commission;
2. Proof of current ownership of the real property included in the proposed final
plat and consent of recorded owners of the plat;
3. Such other information as the Director or City Engineer may deem necessary
to establish whether or not all proper parties have signed and/or approved said
final plat;
4. A statement of conformance with the approved preliminary plat and meeting all
requirements or conditions thereof;
5. A statement of conformance with all requirements and provisions of this Title;
and
6. A statement of conformance with acceptable engineering, architectural and
surveying practices and local standards.
C. Director review:
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1. Acceptance: Upon receipt of the final plat, and compliance with all other
requirements as provided for herein, the Director shall certify the application as
complete and shall affix the date of acceptance.
2. Substantial compliance:
a. The Director or designee shall review the final plat for substantial compliance
with the approved or conditionally approved preliminary plat. The final plat
shall be determined in substantial compliance with the preliminary plat,
notwithstanding the following changes:
iii. The number of buildable lots is the same or fewer;
iv. The amount of common open space is increased;
V. The amount of open space is relocated with no reduction
in the total amount;
vi. The number of open space lots has been increased; or
vii. The Transportation Authority has required minor changes.
If the number of buildable lots has increased or there has been an overall
reduction in the amount of open space, the final plat shall be determined
not to be in substantial compliance with the preliminary plat. If the Director
determines that there is substantial difference in the final plat than that
which was approved as a preliminary plat or conditions that have not
been met, the Director may require that a new preliminary plat be
submitted to the Commission.
D. Decision on the final plat is made by the City Council in accord with Chapter
administration of this Title. Each final plat approval shall indicate the timing of the
construction and completion for all improvements and any required amenities
associated with the plat.
E. Recording of the final plat: Upon approval or approval with conditions by the
Council and signature of the City Engineer, the applicant may submit the final
plat to the Ada County Recorder for recording. The final plat shall contain the
certifications required under Idaho Code §50-1301 et seq. as well as those
required by the City of Meridian.
11-613-4: COMBINED PRELIMINARY AND FINAL PLAT PROCESS:
A. Applicability: A subdivision application may be processed as both a preliminary
and final plat if all of the following exist:
1. The proposed subdivision does not exceed four (4) lots.(excluding landscaping
lots); or a previous plat was approved on the subject property; and
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2. No new street dedication, excluding widening of an existing street, is required;
and
3. No major special development considerations are involved, such as
development in a floodplain or hillside development.
B. Neighborhood meeting: In accord with Chapter 5 administration of this Title,
applicants are required to hold a neighborhood meeting to provide an opportunity
for public review of the proposed project prior to the submittal of an application.
C. Application requirements: An application, and fees, in accord with Section 11-613-
3.A of this Chapter shall be submitted.
D. Contents of final plat: The final plat shall include all items required in accord with
Section 11-613-3.8 of this Chapter.
E. Decision: In accord with Chapter 5 administration of this Title, a decision on a
combined preliminary and final plat for a parcel of land is made by the City
Council based on the recommendations of the Planning and Zoning Commission.
A decision on a combined preliminary and final plat for platted land is made by
the City Council.
11-6B-5: SHORT PLAT PROCESS:
A. Applicability:
A subdivision application for property within an industrial, commercial, TN -C or
O -T district may be processed as a short plat. if all of the following exists:
a. The property is an original parcel of record or a lot in a recorded subdivision.
b. The property is not the result of a previous short plat of a parcel and/or the
property is not the result of an approved parcel division by Ada County
Development Services.
C. The proposed subdivision does not exceed four (4) lots (excluding
landscaping lots) on property previously platted property or does not exceed
two (2) lots (excluding landscaping lots) on a parcel of land, or is the creation
of condominium plat; and
d. No new street dedication, excluding widening of an existing street is involved;
e. There are no impacts on the health, safety or general welfare of the City, and
the subdivision is in the best interest of the City.
2. A condominium plat application for property in any district may be processed as
a short plat where no new development is proposed.
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B. Pre -application conference: The applicant shall complete a pre -application
conference with the Director or designee prior to submittal of an application for a
preliminary plat. The purpose of this meeting is to discuss early and informally
the purpose and effect of this Title and the criteria and standards contained
herein.
C. Application requirements: An application, map requirements, and fees, in accord
with Section 11 -6B -3.A of this Chapter shall be submitted.
D. Decision: In accord with Chapter 5 administration of this Title, a decision on a
short plat is made by the Director with recommendation from the City Engineer.
11-66-6: REQUIRED FINDINGS: In consideration of a preliminary plat, combined
preliminary and final plat, or short plat, the decision-making body shall make the
following findings:
A. The plat is in conformance with the Comprehensive Plan;
B. Public services are available or can be made available and are adequate to
accommodate the proposed development;
C. The plat is in conformance with scheduled public improvements in accord with
the City's capital improvement program;
D. There is public financial capability of supporting services for the proposed
development;
E. The development will not be detrimental the public heath, safety or general
welfare; and
F. The development preserves significant natural, scenic or historic features.
11-6B-7: TERM OF PERMITS:
A. Failure To submit final plat: Approval of a preliminary plat, combined preliminary
and final plat, or short plat shall become null and void if the applicant fails to
record a final plat within two (2) years of the approval of the preliminary plat or
one (1) year of the combined preliminary and final plat or short plat.
B. Phased development: In the event that the development of the preliminary plat is
made in successive phases in an orderly and reasonable manner, and conforms
substantially to the approved preliminary plat, such segments, if submitted within
successive intervals of eighteen (18) months, may be considered for final
approval without resubmission for preliminary plat approval
C. Authorize extension: Upon written request and filed by the applicant prior to the
termination of the period in accord withll-66-7.A. of this section, the Director
may authorize a single extension of time to record the final plat not to exceed
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eighteen (18) months. Additional time extensions up to eighteen (18) months as
determined and approved by the City Council may be granted. With all
extensions, the Director or City Council may require the preliminary plat,
combined preliminary and final plat or short plat to comply with the current
provisions of this Title.
D. Failure to meet timetable: If the above timetable is not met and the applicant
does not receive a time extension, the property shall be required to go through
the platting procedure again.
11-613-8: PROPERTY BOUNDARY ADJUSTMENT:
A. Purpose: The purpose of these regulations is to allow for the adjustment of
property lines between existing properties, and to allow for the reduction in the
number of buildable lots. A property boundary adjustment does not vacate the
platted lot lines or easements of a recorded subdivision.
B. Applicability: These provisions apply to all existing properties.
C. Process:
1. Application. An application and fees, in accord with Chapter 5 ADMINISTRATION
OF this Title, shall be submitted to the Director on forms provided by the
Planning Department.
2. Upon tentative approval of the application by the Director subject to any
applicable conditions of approval and the regulations of Chapter 5
ADMINISTRATION of this Title, the applicant or owner shall have one (1) year to
complete the following tasks:
a. Cause the property to be surveyed and a record of survey recorded;
b. Execute and record the necessary deeds to accomplish the property
boundary adjustments as approved;
c. Obtain new tax parcel numbers from the Ada County Assessor; and
d. Provide copies of the recorded record of survey, recorded deeds, and the
new tax parcel numbers to the Director.
3. Upon determination by the Director that the final property boundary adjustment
is in conformance with this Article, a certificate of zoning compliance shall be
issued.
D. Standards:
1. A property boundary adjustment shall not reduce the property size below the
minimum dimensional standards prescribed by this Title; or if one or more of
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the properties is nonconforming as to the minimum dimensional standards
prescribed by this Title, the property boundary adjustment shall not increase
the nonconformity.
2. A property boundary adjustment shall not increase the original number of
properties, and may decrease the original number of properties.
3. A property boundary adjustment shall not change or move any public streets or
publicly dedicated areas in any manner.
4. Any private or public easement shall be vacated in accord with the
requirements of this Title.
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CHAPTER 6
SUBDIVISION REGULATIONS
ARTICLE C. SUBDIVISION DESIGN AND IMPROVEMENT STANDARDS
ARTICLE C.
SECTIONS:
11-6C-1:
PURPOSE
11-6C-2:
APPLICABILITY
11-6C-3
STANDARDS
11-6C-1: PURPOSE: The purpose of this Article is to establish minimum design
and improvement standards in the subdivision of land to promote the public health,
safety, and general welfare of present and future residents, and to provide for
coordinated, efficient, and attractive development consistent with the provisions of the
Meridian Comprehensive Plan.
11-6C- 2: APPLICABILITY:
A. All plats submitted in accord with the provisions of this Chapter, and all
subdivisions, improvements and facilities done, constructed or made in accord
with said provisions shall comply with the minimum design standards set forth in
this Article provided, however, that any higher standards adopted by any
Transportation or Health Authority shall otherwise prevail.
B. It shall be the responsibility and liability of every applicant, and the owner of the
land being subdivided, to construct and install every improvement shown on the
plat of the subdivision, represented to be included in the subdivision at any
presentation before the Commission or the City Council, and all improvements
required by the ordinances of the City specifically including the requirements of
this Article, and this responsibility and liability shall be personal to the developer
and the owner and shall also run with the land, and this responsibility and liability
shall be shown on the plat of the subdivision.
11-6C-3: STANDARDS
A. The plat shall comply with all applicable requirements as set forth in Chapter 3
regulations applying to all districts.
B. Streets:
1. Dedication: Within a proposed subdivision, arterial and collector streets as
shown on the comprehensive plan shall be dedicated to the public in all cases;
in general, all other streets shall also be dedicated to public use.
2. Street Specifications: The design, location, and widths of all street and street
intersections shall comply with the requirements of the Transportation
Authority, unless alternative standards are adopted by the City of Meridian.
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3. Street Names: The naming of streets shall conform to the requirements of the
Ada County Street Name Committee, with the following exceptions:
a. The street name shall generally comply with Meridian City Code Section 8-2-
5 DESIGNATION OF STREET NAMES.
b. Street names shall not duplicate any existing street name within the county,
except where a new street is a continuation of an existing street.
C. Street names that may be spelled differently but sound the same as existing
streets shall not be used.
d. All new streets shall be named as follows: Streets having predominantly
north -south direction shall be named "Avenue" or "Road'; streets having a
predominantly east -west direction shall be named "Street" or "Way";
meandering streets shall be named "Drive," "Lane," "Terrace," "Path," or
"Trail;" and cul-de-sacs shall be named "Circle," "Court," and "Place".
e. For streets that provide primary access to a subdivision or neighborhood and
that align with an existing or planned street across an intersection that is not
Part of the same subdivision or neighborhood, the street name shall not
duplicate the name of the subdivision or neighborhood.
f. Proposed streets which are a continuation of an existing street shall be given
the same name as the existing street.
g. Street name signs shall be installed in the appropriate locations at each
street intersection.
h. The Meridian City Council may approve exceptions to the requirements for
street names in accord with subsections a to g above.
2. Cul-de-sacs: No street that ends in a cul-de-sac or a dead end shall be longer
than four hundred fifty -feet (450').
C. Driveways: All driveway openings in curbs shall comply with the requirements of
the Transportation Authority.
D. Common driveways:
1. Maximum dwelling units served: Common driveways shall serve a maximum of
four (4) dwelling units.
2. Width standards: Common driveways shall be a minimum of twenty feet (20) in
width.
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3. Maximum length: Common driveways shall be a maximum of one hundred fifty -
feet (150') in length or less, unless otherwise approved by the Meridian City
Fire Department.
4. Improvement standards: Common driveways shall be paved with a surface with
the capability of supporting fire vehicles and equipment.
5. Abutting properties: Unless limited by significant geographical features, all
properties that abut a common driveway shall take access from the driveway.
6. Turning radius: Common driveways shall be straight or provide a twenty-eight
foot (28') inside and forty-eight foot (48') outside turning radius.
7. Depictions: For any plats using a common driveway, the setbacks, building
envelope, and orientation of the lots and structures shall be shown on the
preliminary plat.
Easement: A perpetual ingress/egress easement shall be filed with the Ada
County Recorder, which shall include a requirement for maintenance of a
paved surface capable of supporting fire vehicles and equipment.
9. Alternative compliance: The Director may approve or recommend approval of
alternative design or construction standards when the applicant can
demonstrate that the proposed overall design meets or exceeds the intent of
the required standards of this Section and shall not be detrimental to the public
health, safety, and welfare.
E. Easements:
1. Utility easements shall be provided along front lot lines, rear lot lines and side
lot lines when deemed necessary by the City Engineer or designee.
2. Total easement width shall not be less than ten feet (10').
F. Blocks:
In the residential districts, no block face shall be more than seven hundred fifty
feet (750') in length without an intersecting, street or alley, or no block shall
have a length greater than thirteen hundred feet (1,300') without a pedestrian
connection.
2. In the TN -C and TN- R Districts, no block shall be more than five hundred feet
(500') in length without an intersecting street or alley, or no block shall have a
length greater than seven hundred feet (700') without a pedestrian connection.
Based on site design constraints or considerations, this requirement may be
amended by the Director through the Alternative Compliance procedures set
forth in Chapter 5 ADMINISTRATION of this Title.
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G. Reserve strips: Privately held reserve strips controlling access from adjacent
lands to public streets shall be prohibited.
H. Street buffers on local streets. Street buffers on local streets may be installed at
the time of the lot development; installation of such improvements shall not be
required at the time of plat approval.
4 Chapter 6 Article C. SUBDIVISION DESIGN AND IMPROVEMENT STANDARDS
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CHAPTER
PLANNED UNIT DEVELOPMENTS
AiC• IR3
11-7-1:
PURPOSE
11-7-2:
APPLICABILITY
11-7-3:
PROCESS
11-7-4:
STANDARDS
11-7-5:
REQUIRED FINDINGS
11-7-6
TIME LIMITS
11-7-7
MODIFICATIONS
11-7-1: PURPOSE:
A. The purpose of the Planned Unit Development (PUD) requirements is to
provide an opportunity for exemplary site development that meets the
following objectives:
1. Preserves natural, scenic and historic features of major importance;
2. Allows for innovative design that creates visually pleasing and cohesive
patterns of development; and
3. Creates functionally integrated development that allows for a more efficient
and cost-effective provision of public services.
B. It is not the intent that the PUD process be used solely for the purposes of
deviation from the dimensional standards in the district.
11-7-2: APPLICABILITY: A Planned Unit Development can be developed in
any district.
11-7-3: PROCESS:
A. Pre -application meeting: The applicant shall complete a pre -application
conference with the Director or designee prior to submittal of an application
for a planned unit development. The meeting should be held well in advance
of the preparation of the planned unit development application. A draft site
plan and preliminary plat map (if required) shall be available at the meeting.
B. Application Requirements: An application, map requirements, and fees, in
accord with Chapter 5 administration of this Title shall be submitted to the
Director.
1. At the discretion of the Director and/or City Engineer, appropriate
supplementary information may also be required to sufficiently detail the
proposed development within any special development area, including but
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not limited to, hillside, planned unit development, floodplain, cemetery,
manufactured home parks, or hazardous or unique areas of development.
Phasing plans shall be included in the application if the project is to be
phased.
2. A site amenity plan shall be provided with the planned unit development
application.
C. Concurrent review: Concurrent review of other applications may be required
as determined by the Director. In cases where subdivision platting would be
necessary, concurrent review of preliminary plat is required.
D. Public hearing requirements: All planned unit development applications shall
comply with the public notice and hearing procedures in accord with Chapter
5 administration of this Title.
E. Decision: In accord with Chapter 5 administration of this Title, a decision on
a planned unit development is made by the City Council based on the
recommendations of the Planning and Zoning Commission.
11-7-4: STANDARDS: The Council may approve planned unit
developments, upon recommendation by the Commission, in accord with the
following standards:
A. General use standards:
1. Deviations from underlying district requirements: Deviations from the
development standards and/or area requirements of the district in accord
with Chapter 2 DISTRICT REGULATIONS of this Title may be approved. The
exception is that along the periphery of the planned development, the
applicable setbacks as established by the district shall not be reduced.
2. Allowed uses: Applicant may request that specific conditional or accessory
use(s) allowed in the district be allowed as principal permitted use(s).
3. The uses within the planned unit development are interconnected through
a system of roadways and/or pathways as appropriate. Private streets and
service drives may be permitted, if designed and constructed to the
Transportation Authority standards and in accord with Chapter 3 Article F.
PRIVATE STREETS of this Title.
4. Buildings shall be clustered to preserve scenic or environmentally sensitive
areas in the natural state, or to consolidate small open spaces into larger,
more usable areas for common use and enjoyment.
B. Private open space: In addition to the common open space and site amenity
requirements as set forth in Chapter 3 regulations applying to all districts of
this Title, a minimum of eighty (80) square feet of private, usable open space
shall be provided for each residential unit. This requirement can be satisfied
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through porches, patios, decks, and enclosed yards. Landscaping, entryway
and other access ways do not count toward this requirement.
C. Residential use standards:
Multifamily: Notwithstanding the provisions of Chapter 2 DISTRICT
REGULATIONS of this Title, multifamily dwellings may be an allowed use
when approved through a planned unit development.
2. Housing types: A variety of housing types shall be included within a single
planned development, including attached units (townhouses, duplexes),
detached units (patio homes), single-family and multifamily units,
regardless of the district classification of the site, provided that the overall
density limit of the district is maintained.
3. Density formula: Residential density in a planned development shall be
calculated by multiplying the net residential area (gross acreage less the
area of nonresidential uses) by the maximum number of dwelling units per
acre allowed for the district in which the site is located.
4. A residential density bonus may be given for dedications of land for public
use such as school, park, fire station or recreational facility provided to the
public entity by donation or at a cost less than, or equal to, the applicant's
predevelopment cost for that land. The bonus shall be proportional to the
amount of land being dedicated. For example, if ten percent (10%) of the
total property is being dedicated, the density bonus shall be ten percent
(10%). However, is no case shall the bonus exceed twenty-five percent
(25%) of the units permitted by the district.
D. Infill Planned Developments: Properties of five (5) acres or less within the
City of Meridian, that are located in areas already substantially developed (at
least eighty percent (80%) of the land area within three hundred feet (300')
of the boundaries of the parcel). Upon recommendation of the Commission,
the Council may approve exceptions to other sections of this chapter as an
incentive for infill development as follows:
The decision-making body may allow up to a twenty-five percent (25%)
increase in the density permitted for the district in which the site is located.
2. The decision-making body may also waive one or more of the amenity
requirements set forth in Section 11-7-4 of this chapter depending on the
size and scale of the planned development.
E. In approving the planned development, the Council may prescribe
appropriate conditions additional conditions, bonds, and safeguards in
conformity with this Title that:
1. Minimize adverse impact of the use on other property.
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2. Control the sequence and timing of the use.
3. Control the duration of the use.
4. Assure that the use and the property in which the use is located is
maintained properly.
5. Designate the exact location and nature of the use and the property
development.
6. Require the provision for on-site or off-site public facilities or services.
7. Require more restrictive standards than those generally required in this
Title.
8. Require mitigation of adverse impacts of the proposed development upon
service delivery by any political subdivision, including school districts,
which provides services within the City.
11-7-5: REQUIRED FINDINGS: Upon recommendation from the
Commission, the Council shall make a full investigation and shall, at the public
hearing, review the application. In order to grant a planned development request,
the Council shall make the following findings:
A. The planned unit development demonstrates exceptional high quality in site
design through the provision of cohesive, continuous, visually related and
functionally linked patterns of development, street and pathway layout, and
building design.
B. The planned unit development preserves the significant natural, scenic
and/or historic features.
C. The arrangement of uses and/or structures in the development does not
cause damage, hazard, or nuisance to persons or property in the vicinity.
D. The internal street, bike and pedestrian circulation system is designed or the
efficient and safe flow of vehicles, bicyclists and pedestrians without having
a disruptive influence upon the activities and functions contained within the
development, nor place an undue burden upon existing transportation and
other public services in the surrounding area.
E. Community facilities, such as a park, recreational, and dedicated open
space areas are functionally related and accessible to all dwelling units via
pedestrian and/or bicycle pathways.
F. The proposal complies with the density and use standards requirements in
accord with Chapter 2 district regulations of this Title.
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G. The amenities provided are appropriate in number and scale to the proposed
development.
H. The planned unit development is in conformance with the comprehensive
plan.
11-7-6: TIME LIMITATIONS: The time limitations and extensions as set forth
for conditional uses in Section 11-513-6F of this Title shall also apply to planned unit
developments.
11-7-7: MODIFICATIONS: The modification provisions as set forth for
conditional uses in Section 11 -5B -6G of this Title shall also apply to planned unit
developments.
Chapter 7 PLANNED UNIT DEVELOPMENTS
EXHIBIT A --LIST OF PROPOSED CHANGES
1.) Add Article H.• Development along State and Federal Highways to Table of
Contents.
2.) Add new section on Code Enforcement. 11-1-10. Change all references to Section
6-1-6 to Sections 11-1-10 through 11-1-12. Discussed as substantive change.
3.) Modify all the dimensional standard tables for the residential districts to include
street landscaping buffers for collector and arterial streets. These were mistakenly
left off the tables when we relocated the street buffer standards. This is discussed
as a substantive change.
4.) Correct reference in 11 -2B -2C to read: "Table 11-2B-24."
S.) Modify Table 11-2D-1: Dimensional Standards in the TN -R District: replace
"private drive" with "private street" and delete "with 26' clearance to structures."
The rear setback will create a 30 -foot clearance to structures.
6.) Clarify measurement of clear vision triangle (Section 11 -3A-SAI & 2): "the area
defined by measuring, from the intersection of the edge of�� the travel lane
(excluding parking and sidewalk) a distance of... " "...from the intersection of the
edge of the travel lane and the corner of the
driveway or alley twenty feet (20 ) along the roadway and ten feet (10 ) along the
driveway or alley. "
7.) Relocate fence standards for micro -paths and common opens space to Section 11-
3A -7A7: Fences: Regulation for fences along micro paths and common open
space areas are set
below:
a. The developer is res onsible for constructing ences ad acent to micro
path connections to distinguish common from Drivate areas.
b. Fences ad'acent to micro pathways and common o en space shall be.-
i.
e:i. Ano en vision ence up to six ket 6' in height, as it provides
visibiliU rom adjacent homes or buildings; or
ii. I closed vision 'encing is used it shall not exceed Lour feet 4'
in hei ht. This does not allow four feet 4' of closed vision fence with two
Leet 2' of open vision fencing.
c. Intent: These restrictions are intended to apply to interior common open
s ace areas and micro Paths. They are not intended to aRDIX to street
bu ers or entrywav landscaping strips. These restrictions are not intended
to require kncinz on interior common oven sace.
8.) Delete Section 11 -3A -7A11 because it is no longer necessary: See Seetion 11 14
9.) Clarify residential fence standards in Section 11 -3A -7C2&3: "The maximum
fence height in the required front yard. " "On corner properties, the maximum
fence height in the street side yard shall be six feet (6 ) above the grade at the
property line, and the minimum setback shall be ten feet (10 )from the street side
property line. See Figure 5..
10.) Delete fence regulations from multi -use and micro -pathways Section 11 -3A -8G
because they have been relocated in the fence section. Subsection H will become
Subsection G.
Exhibit A --List of Proposed Changes page 1
11.) Add two subsections toll -3A-10: Noxious Use: "G. Hazardous materials: All
hazardous material storage must comply with the regulations and standards of
the Fire Department. H. Noise: Noise shall be subject to the provision of Section
6-3-6 of the Meridian City Code."
12.) Correct error on 11 -3A -12B: "trash Ddumpsters... "
13.) Change required width of parkway planter to reflect ACHD's concerns
regarding sidewalk maintenance and road maintenance over time: "E. The
minimum width of +-parkways shall be ei lg It five -feet (8�'). The width can be
measured from the back of curb when it . n be em ___ _.__ _. _ d ,- -- where there is
no likelyfor-expansion of the street section within the right-of-way.
The parkway width shall exclude the width of the sidewalk. Onley Class rr ti. ..
Class II trees are the
preferred parkway trees. Class I and Class III trees may be considered or
parkway lanters durin the landscape plan review. The Director shall evaluate
such trees Lor their suitability asarkwa lanter trees based on ultimate tree
canopy, root characteristics and branching height. The minimum parkway
planter for Class 1 and Class III trees shall be ten feet (10). F. The planter width
or Class II trees may be reduced to six feet (6 2 if there are root barriers that are
a minimum of eighteen inches (18')) below sub -grade adjacent to the sidewalk
and a minimum of twen - our inches 24" below sub- rade ad'acent to the curb.
The root barriers shall extend two inches 2 " above jzrade. " This is discussed as
a substantive change.
14.) Add standards for street tree placement to reflect ACHD's concerns regarding
sidewalk and road maintenance over time in Section 11 -3B -7C3: "d. Where street
trees are within a parkway, they shall be centered within the parkway planter.
Where street trees are not within a narkway,they shall be off -set a minimum o
ave feet 5' rom the ede o sidewalk." This is discussed as a substantive change.
15.) Correct error onl 1-3B-7C5a: "Authority's give year..."
16.) Clarify when parking lot reconstruction is required in Section 11-313-8. Add
statement to non -conforming use definition to include nonconforming parking lot
design and landscaping standards. Delete 11 -3B -8B2. The thresholds for
conforming to the new standards are the same, so this is not discussed as a
substantive change.
17.) Correct error on 11-313-8132b: "pperimeter and Bright -of -way landscaping"
18.) Re -title and amend Section 11-3B-9: LANDSCAPE BUFFERS TO
RESIDENTIAL AND NON -INDUSTRIAL BETWRR' i r "ND USES:
Subsection A: Purpose: The requirements in this section shall apply to the
landsca e buffer to residential uses Table 11-2B-3 and the landscape buffer to
non -industrial uses Table 11-2C-3.
19.) Remove redundancy in Section 11 -3B -11C1&6: "IA -e N —lope ha!Pe
" "Slopes shall be less than or equal to 3:1 (horizontal: vertical) for
accessibility and maintenance. "
20.) Clarify sand as acceptable material in Section 11-3B-1 lC3: "Gravel, rock, sand,
or cobble..."
21.) Correct number format in Section 11 -3B -11C7: "within twenty --four (241
hours..."
Exhibit A --List of Proposed Changes page 2
22.) Correct reference in Section 11-313-12C8: "See Section 11-3A-7&G ... "
23.) Add reference to sidewalks with regard to ADA compliance: "to ensure that the
parking lot design and sidewalk and/or access pLovisions meets.... "
24.) Consider amendment to Table 11-3C-2: REQUIRED PARKING SPACES FOR
RESIDENTIAL USE: Currently requires two off-street parking in an enclosed
garage for multi-family units with more than I bedroom. Also consider
requirement for guest parking facilities. Discussed under substantive changes.
25.) Consider amendment to Section 11-3C-6B with regard to parking standards for
nonresidential uses. "There
The followinz standards shall
yRp1j fora -street vehicle parking f6r nonresidential uses: In all Commercial
Districts and Traditional Neighborhood Districts the re uirement shall be one 1
s ace for everiz the hundred 500 square Leet of ss floor area. In all
Industrial District the re uirement shall be one 1 space Lor evea two thousand
2 000 square feet o ' ross floor area. " Discussed under substantive changes.
26.) Correct references in Section l I-3D-3J: Off-premise signs, except as permitted
in Sections 11-3D-6CIA6 11-3D-8GD, and I1-3D-9&H. "
27.) Add provisions for a 15 day temporary sign permit in Section 11-3D-6A6a: `for
,fifteen (15), thirty (30), sixty (60), or ninety (90) day time periods. "
28.) Consider allowing temporary off-premise signs that are no greater than six
square feet in area in Section 11-3D-6C. New subsection 5: Temporary off-
premise sign that meets the followin42, standards: a. A maximum of one 1 such
sin per proper4y shall be displayed at anv one time. The sign shall be considered
as a temporaa sign and shall be included in the application of Section 11-3D-
6A6a. b. The back round area shall not exceed six 6 square feet. c. The
alllicant shall provide the notarized consent of the Property owner. Discussed
under substantive changes.
29.) Remove Figure 10. Figures 11 and 12 portray identical information.
30.) Consider amendments to the private street requirements in Chapter 3 Article F
to increase the authority of the Fire Marshal and to address "mews" developments
similar to that proposed for the "Parkside Units" in the Messina Meadows.
Discussed under substantive changes.
31.) Consider amendments to Chapter 3 Article H: DEVELOPMENT ALONG
FEDERAL AND STATE HIGHWAYS as proposed by the Process Improvement
Group. Discussed under substantive changes.
32.) Consider separation standards for drive-through establishments in Section 11-4-
3.11: "A. drive-through establishment shall be an accessory use where the location
is not within 300 feet of another drive-throw h establishment or -1-ag He# hi a
residential district or an existing residence. Otherwise a Conditional Use Permit
is required. " Discussed under substantive changes.
33.) Remove size standards for schools in Section 11-4-3.13D: "
2:50, 000 te 260L, 000 squar-eftet-
Exhibit A --List of Proposed Changes page 3
34.) Take out requirement that adult entertainment establislun.ent maintain a buffer
from a park or public building in Section 11-4-3.151 d. Such separation standards
are not supported by state law.
35.) Modify text with regard to decision-making authority: "In the case of
concurrent applications a-pefnfit-requiring action from more than one decision
body, the gpplications shall be combined and the decision-making body
with the highest authority shall be responsible for all decisions excludin
variance and vacation applications, "
36.) Modify table to be consistent with text and current practices with regard to
decision-making authority.
Table 11 -SA -1: DECISION-MAKING AUTHORITY RV APPT,TrAT1nTNr-
37.) Add sub -section on administrative notice: 11 -5A -4A: "Where notice is required
the Director shall notify proper owners within 100 Met of the sub sect proper4y. "
The existing sub -sections would be renumbered.
38.) Add new Section on Comprehensive Plan Amendments as 11-55-3. Following
sections would be renumbered. This is discussed as a substantive change.
39.) Take out unnecessary word in Section 11-6B-5Ac: "... on pf%p�previously
platted property... " and add a common to Section 11-6B-5Ad: "No new street
dedication, excluding widening of an existing street, is involved."
40.) Allow for common driveways to be approved at final plat stage in Section 1 I -
6C -3D7: "For any plats using a common driveway, the setbacks, building
envelope, and orientation of the lots and structures shall be shown on the
preliminary and/or final plat. "
41.) Figures are currently numbered consecutively, but tables are not. Renumber
Figures to include the title, chapter, article, and number reference. For example,
Figure 11 would become Figure 11-3D-2.
Exhibit A --List of Proposed Changes page 4
EXHIBIT B—ENFORCEMENT
11-1-10: VIOLATIONS:
A. It is a violation of the Unified Development Code for any person to initiate or
maintain or cause to be initiated or maintained the use of any structure land or
real property within the City of Median without first obtaining proper permits or
authorizations required for the use by this Title.
B. It is a violation of the Unified Development Code for any person to use, construct
locate, demolish or cause to be used, constructed, located, or demolished anv
structure, land orrp operty within the City of Meridian in any manner that is not
permitted by the terms of any germit or authorization issued pursuant to this Title
or previous codes.
C. It is a violation of the Unified Development Code for any person to not comply
with specific conditions of a roval as stated in a Certificate of Zoning
Compliance, Conditional Use Permit, Final Plat, or Planned Development as set
forth in this Title.
D. It a violation of the Unified Development Code to misrepresent any material
fact in any application, Plans or other information submitted to obtain any land
use authorization as set forth in this Title.
E. It is a violation of the Unified Development Code for anyone to fail to comply with
the requirements of the development code as set out in the specific sections of
this Title.
11-1-11: CODE ENFORCEMENT:
A. Duty to Enforce:
1. It shall be the duty of the Planning Director to interpret this Title.
2. It shall be the duty of the Code Enforcement Division of the Police Department to
enforce the regulations of this Tile as set forth in Section 6-1-6 of the Meridian
City Code. Code Enforcement officers may call upon the services of the planning,
fire arks or other appropriate cit departments to assist in enforcement.
3. It is the intent of this Title to glace the obligation of complying with its
requirements upon the owner, occupier or other person res onsible for the
condition of the land and buildings within the scope this Title.
Q. Investigation:
1. The code enforcement officer shall investigate any structure or use which he or
she reasonably believes does not comply with the standards and requirements of
this Title.
,Exhibit B—Enforcement page 1
If after investigation, it is determined that the standards or requirements of this
Title have been violated a code enforcement officer shall serve a notice of
violation u on the owner, tenant or other Derson responsible for the condition.
The notice of violation shall state separately each standard or requirement
violated: shall state what corrective action if any, is necessary to comply with the
standards or requirements; and shall set a reasonable time for compliance. The
notice shall state that aDy further violation may result in criminal prosecution
and/or civil penalties.
The notice shall be served upon the owner, tenant or other person res onsible
for the condition by gersonal service rg istered mail or certified mail with return
receipt requested addressed to the last known address of such person. If after a
time and effort is made to serve or mail notice without success then notice may
be made bv publication in the news a er of record for the City of Meridian. The
Code Enforcement officer will record all efforts made to effect service in person
or by mail as part of their investigative report
C. Extension of Compliance Date:
1. The Planning Director -may grant a reasonable extension of time for compliance
with any notice or order, whether Pending or fiding that substantial
Progress toward compliance has been made and that the -public will not be
adversely affected by the extension. Such extension of time shall not exceed one
hundred and eighty 180 days.
An extension of time may be revoked by the Planning Director if it is shown that
any of the following are true: the conditions at the time the extension was granted
have than ed the Code Enforcement officer determines that a party is not
Performinq corrective actions as agreed and so notifies the Planning Director, or
if the extension creates an adverse effect on the public. The date of revocation
shall then be considered as the compliance date.
11-1-12: PENALTIES:
A. A violation of the Provisions of this Title is declared a Misdemeanor. Any person
violating or failing to comply with any of the grovisions of this Title shall be
subject to criminal prosecution and u on conviction shall be fined in a sum not
exceedinq one thousand dollars ($1,000.00) or be imprisoned for a term not
exceeding six 6 months or be both fined and imprisoned. Each day of
.noncompliance with any of the provisions of this Title shall constitute a separate
offense.
B. Notwithstanding the provisions of Subsection A above the City Attorney, at his or
her sole discretion may civil) rosecute any violation of this Code and seek all
available remedies that may include but are not limited to abatement of the non-
compliant conditions revocation of existing ermits for non-compliance, civil
damages for enforcement or anv other remedy as allowed by law.
Exhibit B—Enforcement page 2
C. The City may file a lien upon any real property owned by convicted person if the
fail toc_ omoly with the „penalty as set forth in this Section.
Exhibit B --Enforcement page 3
EXHIBIT C—PRIVATE STREETS
Add definition: mews: Dwelling units built around a common open space area or court
where the units face the open space area and are generally not accessed from a public
street.
11-3F-1: PURPOSE: The regulations of this Article are intended to provide better
circulation and safety within commercial, industrial, mews, and multifamily developments by
establishing a clear emergency vehicle travel lane and private street name addressing for
Properties that do not have internal public roads. It is not the intent to approve private streets for
single-family, duplex and/or townhouse developments other than those that face a common
mews. The applicability may be extended where the Director or Fire Marshall determines that
private streets will enhance the safety of the development. The Fire Marshall may require
designation of a private street within existing developments where it is in the best interest of the
public safety and health to be able to better locate a aiven r)ror)erty in the event of an
emergency.
11-3F-2: APPLICABILITY: The provisions of this section shall apply to any properties that
do not have frontage on a public street or where frontage is not required.
11-3F-4: STANDARDS: All private streets shall be designed and constructed to the
following standards.
A. Design standards:
Easement: The private street shall be constructed on a perpetual ingress/egress
easement or a single platted lot that provides access to all applicable properties.
2. Connection point: Where the point of connection of the private street is to a public
street, the private street shall be approved by the Transportation Authority.
3. Emergency vehicle: The private street shall provide sufficient maneuvering area for
emergency vehicles as determined and approved by the Meridian Fire Department.
4. Gates: Gates or other obstacles shall not be allowed.
B. Construction standards:
1. For conversion of an existing facility to a private street at the direction of the Fire
Marshall:
a. All drive aisles shall be gosted as fire lanes with no parking allowed.
b. If a curb exists next to the drive aisle it shall be painted red.
2. For all other Private streets:
Exhibit C—Private Streets page 1
a. Roadway and storm drainage: The private street shall be constructed in accord
with the roadway and storm drainage standards of the Transportation Authority or
as approved by the City of Meridian based on plans submitted by a certified
engineer.
b. Street width: The private street shall be constructed within the easement and
shall have a travel lane width of twenty-six (26) feet.
c. Sidewalks: A five-foot (5') attached sidewalk or four -foot (4') detached sidewalk
shall be provided on one side of the street in commercial districts. This
requirement may be waived if the applicant can demonstrate that an alternative
pedestrian path exists.
d. Fire lanes: all drive aisles shall be posted as fire lanes with no parking allowed. In
addition, if a curb exists next to the drive aisle, it shall be painted red.
2. Alternative compliance: Upon recommendation of the City Engineer and Fire Marshall,
the Director may approve, or recommend approval of alternative design or construction
standards when the applicant can demonstrate that the proposed overall design meets
or exceeds the intent of the required standards of this Article and shall not be
detrimental to the public health, safety, and welfare.
Exhibit C—Private Streets page 2
EXHIBIT E—COMPREHENSIVE PLAN AMENDMENTS
11-513-7: COMPREHENSIVE PLAN AMENDMENTS:
A. Pur ose: The purpose of this section is to establish Procedures for
amendments to the text and map components of the adopted
Comprehensive Plan of the City of Meridian.
B. Applicability: The -Provisions of this section shall apply to any
Com rehensive Plan Amendment application.
C. Process:
1. Comprehensive Plan Amendment initiated by the City. The Planning
and Zoning Commission may ro ose to amend the Com rehensive
Plan following notice and public hearing procedures in Article A.
GENERAL PROVISIONS of this Chapter and the hearing procedures in
Section 67-6509 of the Idaho Code
2. Comprehensive Plan Amendment initiated by a Property owner. The
goplicant shall complete a ore -application conference with the Director
rior to submittal of an application for a Comprehensive Plan
Amendment. An application and fees in accord with Article A.
GENERAL PROVISIONS of this Chapter, shall be submitted to the
Director on forms provided by the Department,
The apolication deadlines for amendments to the Land Use Ma
component of the Comprehensive Plan shall be June 15 and
December 15 of every year. Amendments to the text component of
the Plan may be submitted at any time. The Commission ma
recommend amendments to the Land Use Ma component of the
Com rehensive Plan not more frequently than every six 6 months.
Amendments to the text of the Comprehensive Plan may be
recommended by the Commission at any time.
4. The Commissionprior to recommending the adoption, amendment
or repeal of the Comprehensive Plan to the Council shall conduct at
least one public hearing in accordance with Article A. GENERAL
PROVISIONS of this Chapter and in accordance with the procedures in
Section 67-6509 of the Idaho Code
D. Required Findings: Upon recommendation from the Commission the
Council shall make a full investigation and shall at the Dublic hearin
review the application. In order to grant an amendment to the
Comprehensive Plan the Council shall make the following findings:
1. The pr000sed amendment is consistent with the other elements of the
Comprehensive Plan.
Exhibit E—Comprehensive Plan Amendments page 1
2. The pr000sed amendment provides an improved quide to future
growth and development of the city.
I The ProQosed amendment is internally consistent with the Goals
Ob'ectives and Policies of the Comprehensive Plan and the
Comprehensive Plan Land Use Map.
4. The groposed amendment is consistent with the Unified Development
Code.
5. The proposed amendment is in the best interest of the City of
Meridian.
Exhibit E—Comprehensive Plan Amendments page 2