HomeMy WebLinkAbout1991 – Ordinance Amendment 3 of 3 3
Certificate of Occupancy ,
in the third line changing the
language which now reads as follows , "has been changed , the
purpose for which the bui Iding was constructed or was changed
is being" , to the following language , "has been changed ,
purpgQe for which the building was constructed or changed is
capable of being" .
Clinic ( Medical , Dental , Optical ) , changing the definition
to read as follows , "A building ( other than a hospital ) used
by one ( 1 ) or more health care practitioners for the purpose
of care , diagnosis or treatment of sick , ailing , infirm , or
injured patients , or those who are in need of medical and
surgical attention , but which building does not�� provide
board , room or regular hospital care and services .
Commercial use or Business , changing the definition to read
as follows , "The purr.hase , sale or• other transact. ion
involving the handling Or disposition of any article ,
substance or commodity , or the dispensing of services foi-
1 ive I i hood or profit ; ownership or management of office
buildings , offices for recreational , entertainment or
amusement enterprises or the maintenance and use of offices
by professions and trades rendering services is included in
this definition . "
Convalescent or Nursing Home , Rest Home , changing the
definition to read as follows , "Any home , place or
institution which operates or maintains facilities providing
convalescent , or chronic care, or both , for a period in
excess of twenty-fout' ( 24 ) consecutive hours for two ( 2 ) or
more patients not related by blood or marriage to the
operator , and said patients , who by reason of illness or
infirmity, are unable to properly care for themselves .
Court, deleting from the definition , " located above grade
level " .
Dairy Farm , delete the last clause of the definition which
reads as follows , and where the milking area is subject to
the approval of the Idaho State Department of Health .
District or Zone , in the third line of the definition
delete the sentence that reads as follows , "The latter
( A ) shall represent the Agricultural District" .
Entertainment Facilities ( Commercial ) , changing the
definition to read as follows , Any structure housing any
AMBROSE, "for profit" activity , which i 5 genera 1 1 y related to the
FITZGERALD 't• R`
dCROOKSTON entertainment freld , such as motion picture theaters ,
taverns , night clubs , cocktail lounges , bowling allies , and
Allorneys and
Counselors
n n 1
P.O.Box427 1991. PETITION TO AMEND THE ZONING AND DFYELOPMENT ORDINANCES
Meridian,Idaho 83642 OF THE CITY OF MERIDIAN - - - PAGE 7.
Telephone SIM14461
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similar entertainment activities . " f
Lot , Flag Io-t , adding this definition between Lot , Double
Frontage and Lot , Frontage , and the definition to read as
follows , "A Iot in the shape of a flag on a pole or, similar
design " . A flag lot shall have a minimum frontage of thirty
( 30 ) feet on a public street and a structure placed on a flag
lot shall have the house facing the street frontage .
Highway, deleting the definition presently stated and
inserting the following definition , "means the entire width
between the boundary lines of every way publicly maintained
when any part is open to the use of the public for vehicular
traffic , with jurisdiction extending to the adjacent property
line , including sidewalks , shoulders , berms , and rights -of-
way ' not intended for, motorized traffic . The term ' street '
is interchangeable with highway. ''
Impact Area , deleting from the definition the last
sentence, which reads as follows , " that area shall be
governed by the ordinances of the City of Meridian
pertaining to zoning and development" .
Loading and Unloading Space, Off Street , changing the " and "
in the second to the last word of the definition to "or" .
Manufacturing , Heavy, in the third line adding a comma
after the word "character•" .
Manufacturing , Light , in the fourth line of said definition
deleting the semi -colon between the two words "structures" ,
nk : and J*and" , and inserting a comma .
-Mobile Home , deleting the sentence "Amended Ordinance 207 " .
Original Parcel of Land , adding at the end of the
definition the following , " , April 2 , 1984 " .
Ownership , changing the definition to read as follows , "The
individual , firm, association , syndicate, partnership or
corporation who has title of property" .
Parking Area or Lot ( Public ) , in the third line changing
the "and" between automobiles and commercial , to "or" ,
Professional Offices , deleting the definition and
substituting the following , " structures where those engaged
A MBROSE. in a profession conduct their business and activity" .
PITZGERALD
6CROOKSTON
Attorneys and Seat , adding to the definition the insertion of the
Counselors
P,O.Box 427 1991 PETITION TO AMEND THE
Meridian,Idaho ZONING, AND DEVELOPMENT" ORDINANCES
831A2 Idaho OF THE CITY OF MERIDIAN - - - PAGE 3
35�
Telephone 888-4461
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following sentence right after seat , " the place at , or
the thing on , which one sits " .
Walkway, deleting from the rlPfinition t.hP following
language , " five ( 5 ) feet or more in width" .
4 . Amending 11-2-404 C . , Commission-Planning and Zoning
Commission , such that it reads as follows :
"The Commission shall consist of five ( 5 ) voting members .
They shall be appointed by the mayor and confirmed by
majority vote of the council for terms of six ( 6 ) years . An
appointed member of the commission must have resided in the
county for five ( 5 ) years and in the city for one ( 1 ) year
prior to his appointment , and must remain a resident of the
city during his service on the commission . Except that at
least one ( 1 ) but not more than two ( 2 } members may be
appointed from residents of the City Impact Area , outside the
corporate limits . Such members shall have similar residence
requirements as those within the City, except that they need
not have resided in the City for one ( 1 ) year . Members of
the Commission shall be selected without respect to political
affiliations and shall serve without compensation . Members
may be removed for cause by a majority vote of the council . "
And additionally amending 11-2-404 C , COMMISSION , 2 . , by the
addition thereto of the following at the end of the present
paragraph :
" Pursuant to Section 67-6520, Idaho Code , the Commission
may appoint hearing examiners for Tiearing applications for
subdivision and variance permits , and requests for zoning
district boundary changes which are in accordance with the
plan , and conduct all other business in accordance with Idaho
Code, Section 67-6520" .
5 . Amending 11 -2-404 0 . , Councii , 1 . , Duties , by the
addition thereto of the following :
"c . Pursuant to Section 67-65209 Idaho Code , the council
may appoint hearing examiners for hearing applications for
subdivision and variance permits , and requests for zoning
district boundary changes which are in accordance with the
Plan , and conduct all other business in accordance with Idaho
Code , Section 67-6520" .
j "d . The council shall perform such other duties as set
t=lTzG
l=
AM forth herein "
FRALn RA�
RCROOKSTON
Attorneys and 6• 11-2-405 C . , Use and Bulk RRgulations , 1 . at the and of
Counselors
P,O,Box'27 1991 PeETITION TO AMEND THE TONING AND DEVELOPMENT ORDINANCES
Merldlan.Idaho
aas,z :. OF THE CITY OF MERIDIAN - -- PAGE 4
Telephone M84481
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,paragraph .1 . , the term "conditional use" shall be replaced -with
"variance" .
7 . 11 -2-405 C . 2 . , Bulk , the phrase "conditional use" at
the end of the section shall be replaced with "variance" .
8 . 11 -2-406 B . , Avoidance of Undue Hardship , in the fourth
line the I'anguage "or, amendment" should be deleted and after- the
word ordinance there should be placed a comma and the date April
2 , 1984 .
9 . 11-2-406 C . , in the fourth line the language "or
amendment" should be deleted and after- the word ordinance there
should be placed a comma and the date April 2 , 1984 .
10. 11-2-407 B . 2 . d . , should be am(-nded to read as follows ,
" to have narrower or smaller tear- yards , front yards , side yards ,
or other- open spaces ; and" .
II . 11-2-407 C . , Official Schedule of District Regulations
Adopted , second paragraph in the second line the word
"agricultural " should be deleted .
12 . 11-2-408 B . , Zoning Districts 1 . , R-4 should be amended
to add the following language "Only Single Family Dwellings shall
be permitted and no conditional uses shall be permitted except for
Planned Residential Development and public schools " .
13 . 11-2-409 , Zoning Schedule Of Use Control , should be
amended to show that in the R-4 Residential District only single
family dwellings , planned residential developments and public
schools shall be allowed in that district ; that the Residential ,
Commercial , and Industrial listings should be amended to reflect
the above and that no conditional uses shall be allowed for other
uses .
R
14 .%., 11-2-409 , Commercial -Churches , should be amended so that
't ey are*-'a permitted use in the Old Town District . Child Care
• centers should be a conditional use in the C-G Zone . Under Bars ,
Alcoholic Establishments , they should be a conditional use in the
Old Town Zone.
15 . 11-2-409 , Zoning Schedule Of Use Control , C . ,
Industrial , should be amended to remove from the "Fabricated Metal
Products ( Except Major Welding and Foundry Operations" the "Major
Welding" .
AMBROSE, 16 . �11-2-410 A . , Zoning Schedule of Bulk and Coverage
dITZGERALCROOKSTON gpn.trols.,, the A District and its associated requirements should
be. deleted.•, and the I under Districts should be changed to I -L .
Attorneys and -
Counselors
P.O_Box 427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
Merldlan,Idaho OF THE CITY OF MERIDIAN - - - PAGE 5
BMW
Telephone 8U-4481
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Also , an asterisk ( * } should be added under R- 15 , Minimum Yard
Setback Requirements from road right-of -way interior side so that
the street frontage is determined on the cul -de-sac lots at the
setback line , and a footnote ( 7 ) should by added stating that "On
corner lots in Residential Districts , the rear set back may be
determined on a side of the structure, at the option of the
builder" , and a ( 7 ) shal 1 be added under Min imum Yard Set Back
Requirements under- Rear Set Back in the R-4 , R-8, R-15 and R-40
Districts ; and the phrase " from Road Right-of-Way" shall be
deleted from "Minimum Yard Setback Requirement from Road Right-
of-Way" .
17 . 11-2-410 B . 4 . , Architectural Projections , should have
the word "chimney" added after the words "covered patios " and
before the word "and " .
18 . '' 11-2-410 D . 1 . B . ( 4 } , sha11 be changed to read as
follows , " The use shall be considered as a Commercial Use" .
19 . 11-2-410 D . 1 - b - ( 5 ) , shall be changed to read as
follows , "Pay the fee of $80 . 00" .
20 . 11 -2-410 0 . 1 , b ( 7 ) , shall be changed to read as
follows : " If there are no objections filed within the time for,
filing the same the zoning administrator may grant the request " .
21 . 11-2-411 D . shall be amended to add a new paragraph at
the end of the subsection which shall read as follows :
11A11 single-family ( R-4 , R-89 R- 15 ) detached dwelling houses
which have multi -stories shall have a minimum of eight
hundred ( 800 ) square feet of living space on the ground
floor. . "
22 . 11 -2-413 C . 1 . , shall be repealed .
23,, .11-2-413 C 11 . , shall be repealed .
24 11-2-414 D , Design Standards For Off Street Parking ,
should have an additional subsection added to it , a 3 . , which
would state as follows :
" 3 . Drainage : A drainage plan designed by an architect
or an engineer shall be submitted and required for all
off street parking areas and shall be approved by the
City Engineer• . "
Also , in that section 11-2-414 D . some requirement for-
AMBROSE, parking space requirements for schools should be added , and review
FITZGERALo the number of parking spaces required for a nursery and day care
6 CROOKSTON
A1lornays and
elors
Counselors 1991 -PEtIFION TO AMEND THEZONING AND DEVELOPMENT ORDINANCES
P0 Box 427 OF THE CITY OF MERIDIAN - -- - PAGE 6
Me6dlan,Idaho
83542
Telephone 868-a4B1
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centers r'eIatirig to the rlrlinl►r,r of c hi IelrPn and s1.aff ,
2.5 l.•1-2 -416 B i I'll it. ial iM' of 7f►ning AinPndinPni- S , last
paI-agr•aph S.ha11 11aVe 1.111' fill ltrwinq (1" IPted , "WhPit a 70ninq
amendment and development r•erluPsI al-P 1SSUPd Simulranvoij-, iy, the
•prpcedure that sItaI I be fol IowP(l Shal l 1)P that which is outl ined
1n. Section 4 , Title 9 , Chapt.Pr 6 , of the City Ordinance% entitled
Subdivision Approval PrUCPdurP
26 . 11 -2 -416 c 17 , shall be i•ppeaIPff
27 . all -2 -416 1= , Pt•ocprlrrrPS , 1 , steal 1 be amended to read a5
follows :
"The appl icant steal l prnv ide tI,P C i t. y C I P I k wi tlr the namps
and _addrpsSeS of trrrrlrPr 1 y nwnnr e w i t h i11 illf) f�PI- rrf 1. 11P
pxf.Pit-na l lrlrlllllllr I S trl f trh I .In11 I!I' Irrlf r iln �ilflrI I.,rl , .11ld arly
add 1 t i o n a I arn.� t h.Zt Wray 1!r im1l.ir 1 fed by f Irr� Sa in alrlrl icrli irllr ,
as (IPt.Prnlin0d by II]P 7crninq /lrintini ; lralr►r IhP alrlriicant Slrali
del fiver a Swo1.11 Irnlar- i '?ml SI .11nIuI 11r IIt ,rl I11r1 1 iSt of 1)1oper1. y
owner's are the ownf+r S of I }re IIi nlrnt I y aS ;hlrwti by t Ire t-P.cor11S
of the Ada County AssPSSnr ; on(-, wPf•k ill, inr t-o the hpar• ing Spt
pursuant to 11 -2. -416 F . 2 , fir , , A{1t► I icanl shall post: a copy
of said notice of hearing of the app1 ication on the property
under consideration ; and after- t.hP property has been posted
the applicant S h a I 1 del fiver t.o the 7orling adnliniStrator a
notarized sLaterrrenk that he has prr% tPd t.lie property and the
date the posting was plar_Pd .
28. 11 -2-416 F . 2 , %teal I hp ainPnrlr�(I ae fnl Ir1ws :
"The commission shall :
a . Give notice of the healing , at least fifteen ( .15 ) days
prior, to the hearing , by certified mail to property owners
k wi th in the 1 and be ing cons iderpd and to owners wi th ill three
hunOed ( 300 ) feet of the ex t e r n a I boundaries of the land
being cons idered and any add t lona i area that may be impacted
by said appI ication a deter-Irli11ed by the Zoning
Adininistrator . Said notice , by r.ert1fiPd mall , must he
deposi. ted with the llni tpd StaIPs Post Off ice at least f iftpen
( 15 ) 'd.ays prior to the lip al- 1119 and said notice shall contain
a vicinity map of the proppt- ty, a brief statement of the
nature of the appl icat ion , the tramp and address of the
applicant . When notice i % i Prluir p(I to two hundred ( 2()0 ) Or-
more property owners or r•esiLie11ts , in lieu of the rnai !
notification , notice of the pi-rrr_PPdirlq and liparinq r•Priilir•ad
AMBROSE, hereby may be i v e rr h q FITZGERALD ._ q Y h it b i i S h 1 r+ t h e it o t 1 c p a rr(l v i r. y m a p
A cgcrvlcsrort
For twa. ( 2 ) consecut rvp wpPks irr the off fir. i a l newspaper of
the ev,ity of Meridian .
Attorney@ and ! ,
Counselor@ ,•
P.0.BoR421 1991 PETITION TO AMP0 INF ION INC, ANO DEVE _ [)t'MF_ IVT f)RUIN
Meridian,Idaho O F THE E CITY O F M E R I D I A N - A N C F S
83PAz -. - PAGF 7
TelePhone 888-U87 _
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b . Prior to recommending an application , conduct at least
one ( 1 ) public hearing in which interested persons shall have
an opportunity to be heard . At least fifteen ( 15 ) days prior
to the hearing , notice of the time and place and a summary
of the application to be discussed shall be published in the
official newspaper or paper of general circulation w i th i n the
City of Meridian .
c . Within forty-five ( 45 ) days from the hearing , transmit
its recommendation to the Council with supportive reasons .
The Commission may, however , continue the matter from meeting
to - meeting if it finds that it does not have sufficient
information to make a decision . The Commission shall
recommend that the application be approved , approved with
conditions or- denied . The Commission shall insure that any
approval or approval with conditions of an application shall
be in accordance with the Comprehensive Plan , this Ordinance
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and State law.
d . Maintain a record of the hearing, findings made and
actions taken .
29. 11 -2-416 F . 1 . , should be amended such that it reads as
follows :
"Hearing : The Council shall conduct at least one ( 1 ) public
hearing following the notice and requirements contained in 11-2-
416 E . 2 . , but the Council need only mail notice as required by
11-2-416 E . 2. a , by ordinary first call mail .
30 . • 11-2-417 , shall be amended by deleting from the second
plf agraph:•of that section the following language , "And a statement
dr the owne-r granting to the City a lien against the property to
'.5exure the `payment of all costs incurred by the City, including
en 1.gineering, publication and attorney costs and fees .
31 . 11-2-418 B . , shall be amended by the deletion in the
second sentence of the phrase "or lessee" .
32 . 11-2-418 B . 12 , 14 , 15 and 18 shall be repealed .
33. 11-2-419 B . 22 , shall be repealed .
34 . 11-2-422 A . shall be deleted and a new section 11-2-422
A . should bejadopted which should read as follows :
AMBROSE, - � " 11-2�-422 A. A Petitioner- or• appiicant for an
FiTzcERALo zoning or planning matters in this Title shall y ° f the
A.CROOKSTON established by the City Council , by resolution , pay
the fees
Attorneys and p e t i t l o n
Counaelors
P.o.BOX 427 1991 PETITION TO AMEND THE ZONING AND DEVEf OPMENT ORDINANCES
Marfdlan.Idaho OF T H E CITY T Y O F MERIDIAN R I D I A N -BMW PAGE 8
Telephone BM-4461
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or application , except as hereafter provided , shall be
accepted by the City unless accompanied by the required
fit ing .fee . "
. . 35 . , 1k-2-422 E , shall be amended by the deletion of
everything in the section , except the following language :
" If all fees are not paid , the City may revoke any zoning
permit , conditional use permit , accessory use permit ,
variance , occupancy permit , zoning certificate or other grant
of authority initially given the applicant , and in the case
of - an annexation procedure , the City may de-annex said
property . "
36 . 11 -2-424 A2-. , on the Fence Des i gna t i errs , the drawings
should show the dimensions around utility access facilities such
as water- meters , f ire hydrant: , power transformers , etc , , to be 4 '
6' 4 ' and the appendix shall have deleted from it references to
" chain link fence " and "open fence" shall be substituted
therefore.
SUBDIVISION AND DEVELOPMENT ORDINANCE
37 . 11 -9-604 C . 4 . c , shall be deleted and d , shall be re-
lettered to c .
38 . 11 -9-604 C . 5 . a . , b , and c . shall be amended to delete
the " twenty-seven ( 27 ) " copies and insert " thirty ( 30 ) " copies .
39 . ,11-9-604 C . 5 . d . shall be amended to delete the seven
( 7 ) sets of conceptual engineering plans to four ( 4 ) conceptual
engineering plans and the City Engineer shall make the
determination as to the drawings conformance to the proposed
improvements to applicable regulations , ordinances and standards .
40. 11-9-604 C . 6. , Requirements of Preliminary Plats , m. ,
shall be amended to read as follows :
"Any proposed or existing utilities , including , but not
limited to, storm and sanitary sewers , irrigation laterals ,
ditches , drainages , bridges , culverts , water mains , fire
s hydrants , street lights , and their respective profiles " .
41 ; 11-9-604 H. 1 , a . shall be amended to delete twenty-
seven ( 27 ) and insert thirty ( 30 ) ,
AMBROSE,
FITZGERALD 42 . 11 -9-605 Q . 3 . a . shall be amended to add to that
ACROOKSTON portion of the Highway and Street Types under Major Arterial
Afiorneys and " Section Line Roads " so that they are required to have 80 feet of
COunnalors
P,O,Box 427
Merldlan,Idaho 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
� OF THE CITY OF MERIDIAN -- - PAGE 9
Telephonep BBB.4�gt
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right-of-way.
43 . 11-9-605 I . , second paragraph , first sentence , shall be
amended to delete "Commission " and insert "Council " .
44 . ` 11,-9-605 J . Fences , shall be amended to add a new
subsection which shall be lettered k , and which shall read as
'f of 1 ows :
" 11-9-605 J . 7 , k . Any developer intending to construct a
fence on top of a berm shall show the berm and the fence on the
preliminary plat and shall include with the preliminary plat the
design , placement , heights , specifications , and drawing of said
fence . "
45 . 11 -9-605 J . Shall have a new paragraph numbered 11 -9-
605 J . B. which would read as follows :
" 11-9-.605 J . 8. Any developer- intending to construct a
boundary fence on the boundaries of a proposed subdivision
shall show the fence on the preliminary plat and shall
include with the preliminary plat the design , placement ,
heights , specifications , and drawing of said fence . "
46 . 11-9-605 J . 10. a . 12. shall be deleted ,
47 . A new section 11-9-605 M . , shall be added relating to
Piping Of Ditches , which would read as follows :
"M . Tiling of irrigation ditches , laterals or canals . All
waterways , irrigation ditches , laterals or canals , exclusive of
natural waterways , intersecting , crossing or lying adjacent and
contiguous to an area being subdivided shall be covered and
enclosed with tiling or other equivalent covering which has the
sane ability to detour access to said ditch , lateral or canal , or
any part of said lands or areas being subdivided which abut either
or both sides of said ditch , lateral or canal . The City may waive
this requirement for covering such ditch , lateral or canal , if it
finds that the public purpose requiring such will not be served
in the individual case. Any covering program involving the
distribution system of any irrigation district shall have the
prior approval of that affected irrigation district . No
subdivision plat shall be approved where the subdivision is
arbitrarily or artificially laid out to avoid being adjacent to
any waterway, irrigation ditch , lateral or canal to which it would
otherwise be naturally adjacent or which it would otherwise
AMBROSE, naturally include .
EITZGERALO
a.CROOKSTON 48. 11-9-606 A . , Responsibility For Plans , shall be amended
Attorneys and such that the existing paragraph is designated as paragraph 1 . and
Counselors
PC Box 427
Meridian,W fdaha 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
ah
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Telephone888J481 OF THE CITY OF MERIDIAN PAGE 10
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a new paragraph added designated as 2 . which should read as
follows .
" It shall be the responsibility and Iiability of every
subdivider , and the owner -of the land being subdivided , to
'construct and install every improvement shown on the plat of
! the subdivision or, represented to be included in the
subdivision at any presentation before the Planning and
Zoning Commission or, the City Council and this responsibility
and Iiability shall run with the land and this responsibility
and liability shall be shown on the plat of the subdivision . "
49 . - 11-9-606 B . 13 . shall be amended to add a new paragraph
number 13 . c . , which shall read as follows , "c . Every subdivider
shall show on his development plan where each street light is to
be placed in the subdivision " .
50. 11 -9-606 8 14 should be amended by the addition of the
following language at the end of the existing paragraph :
"Also, the above requirement may 1)e waived if the
subdivider either 1 ) deeds to the City land for a well ,
drills the well and places the well on line with the
City water system, including the necessary pumps ,
piping , values , pressure equipment , and a I I other
equipment necessary , and which well depth and capacity
are determined by the City ; or 2 ) the subdivider
deposits , gives and grants sufficient funds with the
City to purchase land , construct and drill a well , and
purchase all necessary equipment to put the well on i i n e
with the City water system . In many subdivisions the
latter option may be preferable to the City so that the
City may combine funds to drill and equip one large well
to service several subdivisions , rather than have
several smaller- wells of less capacity .
51 . 11-9-615 A . 1 . should be deleted and a new section 11-
9-615 A. 1 . should be adopted which should read as follows :
" 11-9--615 A . 1 . A Petitioner or applicant for any of the
subdivision or application matters in this Title shall pay the
- fees establis4ed by the City Council , by resolution . No petition
or '•application , except as except as hereafter provided , shall be
a.cT,epted by .the City unless accompanied by the required filing
fee,.
52 . 11-9-611 A. 3 . , there should be a drawing added showing
AMBROSE, the sight triangles for fences .
FITZGERALD
a CROOKSTON DATED this _ day of 1991 .
Altorneya and
Counesiore
P.C.Box427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
Marldlan.Idaho OF T H E CITY OF MERIDIAN 93%42 - --- PAGE 11
Tala{lhone ON-44131
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TT N� 301IN-50 N
ZONING COMMISSION
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AMBROSE,
FITZGERALD
&CROOKSTON
Atlarneys and _
Counselors
P.O.Box427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
Merldlan.Idaho OF THE CITY OF MERIDIAN -- - PAGE 12
63642
Telephone BW4461
MW
MERIDIAN PLANNING & ZONING
JUNE 11, 1991
PAGE #5
The Motion was made by Rountree and seconded by Shearer that the Meridian Planning
and Zoning Commission hereby recommends to the City Council of the City of Meridian
that they approve the annexation and zone the property R-8 Residential, subject
to the conditions stated herein, but recommend that development be restricted
to single family dwellings and that such restriction be evidenced by the covenants
and restrictions for the proposed subdivision which must be submitted to the
City Council.
Motion Carried: All Yea:
The Motion was made by Hepper and seconded by Rountree to approve the preliminary
plat.
Motion Carried: All Yea:
#3: ROY JOHNSON, JOHNSON ENGINEERING: DISCUSSION ON PROPOSED DEVELOPMENT PROJECT:
Roy Johnson, 9390 Ustick Rd., Boise. I'm here with Mr. Yorgeson and we have a
project that we are proposing. Explained to the Commission the location of this
proposal. What we are proposing to do is an R-8 zone with lots that would have a
minimum of approximately 6600 sq. ft. . They would average around 68 to 6900 sq. ft. .
In talking with the Clerk I understand that we have to have a Comp. Plan Amendment.
The size of the project in our opinion makes it work well for a residential area.
There is approximately 370 lots. Discussion held on access and zoning. Aren't we
allowed with a Conditional Use Permit to do residential in an industrial zone?
Crookston: No.
Johnson: Under PUD?
Crookston: I don't believe a residential PUD is allowed in industrial.
DISCUSSION:
Chairman Johnson: I really think that you would have problems with getting Council's
approval on this. You can also go beore the Council just like you did with us
tonight to get their input.
#4: PROPOSED AMENDMENTS TO THE ZONING AND DEVELOPMENT ORDINANCES:
Crookston: Attorney went over each item of the proposed amendments and advised
Commission of the changes. It was agreed upon .to_ add the definition of an open
fence. Also to correct page 90 A-424 A2 Diagram of a Fence & changing wording
of 11-9-606 B--14. (TAPE ON FILE)
The Motion was made by Rountree and seconded by Hepper to proceed with the proposed
amendments as changed and proceed with Public Hearing.
Motion Carried: All Yea:
I
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I
1991 PETITION TO AMEND THE ZONING ORDINANCE AND
THE SUBDIVISION AND DEVELOPMENT ORDINANCE
COMES NOW , the Planning and Zoning Commission of the City
of Meridian and hereby submits to itself and the City Council of
the City of Meridian the following proposals to amend the Zoning
and Subdivision and Development Ordinances of the City of
Meridian : to-wit
ZONING ORDINANCE
1 . To amend 11-2-401 C . , Jurisdiction , deleting the last
phrase in the paragraph which reads , "Commonly referred to as the
Area of Impact" , and replacing it with the following language ,
"Under the Area of Impact agreements between the City and Ada
County" .
2 . Amending 11-2-402 A . , intent and Purpose, by deleting
the last three words in the first sentence of the paragraph which
read , "and impact zone" , and replacing them with the following
language , "and land over which the City has jurisdiction under the
Area of Impact Agreements between the City and Ada County" .
3 . Amending 11 -2-403 B . , Definitions as follows for the
following words , to wit :
Applicant , by adding to the definition , "Applicant also
includes any person submitting a request for rezone,
conditional use, accessory use , annexation , or request to be
allowed to make any application authorized under this
ordinance" .
Applications , to substitute a comma in the third line
of the definition after the word plats for the period
that presently exists there.
Automobile Wrecking Yard , to replace the sixty ( 60) day
requirement with thirty ( 30 ) days ,
Building, existing, adding to the definition the following
language at the end , " as of the effective date of this
ordinance ' s initial adoption on April 2 , 1984 .
Cemetery, deleting the fourth word in the second line
of the definition , which is , "cemetery" , and
substituting the word " internment" .
AMBROSE,
FITZGERALD
&CROOKSTON Certificate of Occupancy , in the third 1 ine changing the
Attorneys and
Counselors 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
P.O.Box427 OF THE CITY OF MERIDIAN --- PAGE 1
Meridian,Idaho
83642
Tolephone 8W4461
language which now reads as follows , "has been changed , the
purpose for which the building was constructed or was changed
is being " , to the following language , "has been changed , the
purpose for which the building was constructed or changed is
capable of being . "
Clinic ( Medical , Dental , Optical ) , changing the definition
to read as follows , "A building ( other than a hospital ) used
by one ( 1 ) or more health care practitioners for the purpose
of care , diagnosis or treatment of sick , ailing , infirm, or
injured patients , or those who are in need of medical and
surgical attention , but which building does not provide
board , room or regular hospital care and services . "
Commercial Use or Business , changing the definition to read
as follows , "The purchase, sale or other transaction
involving the handling or disposition of any article,
substance or commodity, or the dispensing of services for
livelihood or profit; ownership or management of office
buildings , offices for recreational , entertainment or
amusement enterprises or the maintenance and use of offices
by professions and trades rendering services is included in
this definition . "
Convalescent or Nursing Home , Rest Home, changing the
definition to read as follows , "Any home, place or
institution which operates or maintains facilities providing
convalescent , or chronic care , or both , for a period in
excess of twenty-four ( 24 ) consecutive hours for two ( 2 ) or
more patients not related by blood or marriage to the
operator, and said patients , who by reason of illness or
infirmity , are unable to properly care for themselves .
Court , deleting from the definition , " located above grade
level " .
Dairy Farm, delete the last clause of the definition which
reads as follows , "and where the milking area is subject to
the approval of the Idaho State Department of Health .
District or Zone , in the third line of the definition
delete the sentence that reads as follows , "The letter
( A ) shall represent the Agricultural District" .
Entertainment Facilities ( Commercial ) , changing the
definition to read as follows , "Any structure housing any
"for profit" activity, which is generally related to the
AMBROSE, entertainment field , such as motion picture theaters ,
FITZGERA!_0 taverns , night clubs , cocktail lounges , bowling allies , and
&CROOKSTON similar entertainment activities . "
Attorneys and
Counselors
P.O.Box427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
Meridian,Idaho OF T H E CITY OF MERIDIAN --- PAGE 2
&3542
Telephone 8B8.4M1
I
Lot , Flag lot , adding this definition between Lot, Double
Frontage and Lot , Frontage, and the definition to read as
follows , "A lot in the shape of a flag on a pole or similar
design" . A flag lot shall have a minimum frontage of thirty
( 30 ) feet and a house place on a flag lot shall have the
house facing the street frontage .
Highway, deleting the definition presently stated and
inserting the following definition , "means the entire width
between the boundary lines of every way publicly maintained
when any part is open to the use of the public for vehicular
traffic , with jurisdiction extending to the adjacent property
line, including sidewalks , shoulders , berms , and rights -of-
way not intended for motorized traffic . The term ' street '
is interchangeable with highway. "
Impact Area , deleting from the definition the last
sentence,which reads as follows , " that area shall be
governed by the ordinances of the City of Meridian
pertaining to zoning and development " .
Loading and Unloading Space , Off Street , changing the " and"
in the second to the last word of the definition to "or" .
Manufacturing , Heavy, in the third line adding a comma
after the word "character" .
Manufacturing , Light, in the fourth line of said definition
deleting the semi-colon between the two words " structures " ,
and "and" , and inserting a comma.
Mobile Home, deleting the sentence "Amended Ordinance 207 " .
Original Parcel of Land , adding at the end of the
definition the following , " , April 2 , 1984" .
Ownership , changing the definition to read as follows , "The
individual , firm, association , syndicate , partnership or
corporation who is the owner of property" .
Parking Area or Lot ( Public ) , in the third line changing
the "and" between automobiles and commercial , to "or" .
Professional Offices , deleting the definition and
substituting the following, " structures where those engaged
in a profession conduct their business and activity" .
aMBRose,
FiALD
d CROOKROOKSTO N Seat, adding to the definition the insertion of the
Attorneys and following sentence right after seat , " the place at , or
Counselors
P.O.Box427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
Meridian, OF THE CITY OF MERIDIAN --- PAGE 3
Telephone 888-4461
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the thing on , which one sits " .
Walkway, deleting from the definition the following
language , "five ( 5 ) feet or more in width" .
4 . Amending 11-2-404 C . , Commission-Planning and Zoning
Commission , such that it reads as follows :
"The Commission shall consist of five ( 5 ) voting members .
They shall be appointed by the mayor and confirmed by
majority vote of the council for terms of six ( 6) years . An
appointed member of the commission must have resided in the
county for five ( 5 ) years and in the city for one ( 1 ) year
prior to his appointment , and must remain a resident of the
city during his service on the commission . Except that at
least one ( 1 ) but not more than two ( 2 ) members may be
appointed from residents of the City Impact Area, outside the
corporate limits . Such members shall have similar residence
requirements as those within the City, except that they need
not have resided in the City for one ( 1 ) year . Members of
the Commission shall be selected without respect to political
affiliations and shall serve without compensation . Members
may be removed for cause by a majority vote of the council . "
And additionally 11-2-404 C , COMMISSION, 2 . , by the addition
thereto of the following at the end of the present paragraph :
"Pursuant to Section 67-6520, Idaho Code , the Commission
may appoint hearing examiners for Fearing applications for
subdivision and variance permits , and requests for zoning
district boundary changes which are in accordance with the
plan , and conduct all business in accordance with Idaho Code,
Section 67-6520" .
5, Amending 11-2-404 D . , Council , 1 . , Duties , by the
addition thereto of the following :
"c . Pursuant to Section 67-65209 Idaho Code , the council
may appoint hearing examiners for hearing applications for
subdivision and variance permits , and requests for zoning
district boundary changes which are in accordance with the
plan , and conduct all business in accordance with Idaho Code ,
Section 67-6520" .
"d . The council shall perform such other duties as set
forth herein " .
AMBROSE, 6 . 11-2-405 C . , Use and Bulk Re ulations I . at the end of
FITZGERALD 9 ,
SCROOKSTON the paragraph 1 . , the term "conditional use" shall be replaced
with "variance" .
Attorneys and
Counselors
P.o.Box 42'Meridian,Idaho 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
83642 3S4 OF THE CITY OF MERIDIAN --- PAGE 4
Telephone BBB-4461
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7 . 11-2-405 C . 2 . , Bulk , the phrase "conditional use" at
the end of the section shall be replaced with "variance" .
8. 11-2-406 B . , Avoidance of Undue Hardship , in the fourth
line the language "or amendment" should be deleted and after the
word ordinance there should be placed a comma and the date April
2 , 1984 .
9 . 11-2-406 C . , in the fourth line the language "or
amendment" should be deleted and after the word ordinance there
should be placed a comma and the date April 2 , 1984 .
10. 11-2-407 B. 2 . d . , should be amended to read as follows ,
"to have narrower or smaller rear yards , front yards , side yards ,
or other open spaces ; and" .
11 . 11-2-407 C . , Official Schedule of District Regulations
Adopted , second paragraph in the second line the word
"agricultural " should be deleted .
12 . 11-2-408 B . , Zoning Districts 1 . , R-4 should be amended
to add the following language "Only Single Family Dwellings shall
be permitted and no conditional uses shall be permitted except for
Planned Residential Development and public schools " .
13 . 11-2-409 , Zoning Schedule Of Use Control , should be
amended to show that in the R-4 Residential District only single
family dwellings , planned residential developments and public
schools shall be allowed in that district ; that the Residential ,
Commercial , and Industrial listings should be amended to reflect
the above and that no conditional uses shall be allowed for other
uses .
14 . 11-2-409 , Commercial -Churches , should be amended so that
they are a permitted use in the Old Town District . Child Care
Centers should be a conditional use in the C-G Zone . Under Bars ,
Alcoholic Establishments , they should be a conditional use in the
Old Town Zone .
15 . 11-2-409 , Zoning Schedule Of Use Control , C . ,
Industrial , should be amended to remove from the " Fabricated Metal
Products ( Except Major Welding and Foundry Operations" the "Major
Welding" .
16. 11-2-410 A. , Zoning Schedule of Bulk and Coverage
Controls , the A District and its associated requirements should
AMBROSE, be deleted and the I under Districts should be changed to I-L .
FITZGERALD g
SCROOKSTON Also, an asterisk ( *) should be added under R-15, Minimum Yard
Setback Requirements from road right-of-way interior side so that
Attorneys and
Counselors
P.O.Box427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
Merld83642Idaho OF THE CITY OF MERIDIAN --- PAGE 5
Tetephone B8&I181
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j the street frontage is determined on the cul -de-sac lots at the I
setback line, and a footnote ( 7 ) should be added stating that "On
corner lots in Residential Districts , the rear set back may be
determined on a side of the structure, at the option of the
builder" , and a ( 7 ) shall be added under Minimum Yard Set Back
Requirements under Rear Set Back in the R-4 , R-8, R-15 and R-40
Districts ; and the phrase "from Road Right-of-Way" shall be
deleted from "Minimum Yard Setback Requirement from Road Right-
of-Way" .
17 . 11-2-410 B . 4 . , Architectural Projections , should have
the word "chimney" added after the words "covered patios " and
before the word "and" .
18. 11-2-410 D. 1 . B. (4 ) , should be changed to read as
follows , "The use shall be considered as a Commercial Use" .
19 . 11-2-410 D . 1 . b . ( 5 ) , shall be changed to read as
follows , "Pay the fee of $80 . 00" .
20. 11-2-410 D . 1 . b ( 7 ) , should be changed to read as
follows : " If there are no objections filed within the time for
filing the same the zoning administrators may grant the request" .
21 . 11-2-413 C . 1 . , should be repealed .
22 . 11-2-413 C 11 . , should be repealed ,
23. 11-2-414 D , Design Standards For Off Street Parking,
should have an additional subsection added to it , a 3 . , which
would state as follows :
" 3 . Drainage : A drainage plan designed by an architect
or an engineer shall be submitted and required for all
off street parking areas and shall be approved by the
City Engineer . "
Also, in that section 11-2-414 D . some requirement for
parking space requirements for schools should be added , and review
the number of parking spaces required for a nursery and day care
centers relating to the number of children and staff.
24 . 11-2-416 B, Initiation of Zoning Amendments , last
paragraph shall have the following deleted , "When a zoning
amendment and development request are issued simultaneously, the
procedure that shall be followed shall be that which is outlined
in Section 4 , Title 9 , Chapter 6, of the City Ordinances entitled
FITzcr`RALn GROSE, Subdivision Approval Procedure"
S CROOKSTON
25 . 11-2-416 C 17 , should be repealed .
Attorneys and
Counselors
P.O.Box427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
Merl83642Idaho OF THE CITY OF MERIDIAN - -- PAGE 6
Telephone 88&4461
I
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26 . 11-2-416 E , Procedures , 1 , should be amended to read as
follows :
"The applicant shall provide the City Clerk with the names
and addresses of property owners within 300 feet of the
external boundaries of the land being considered , and any
additional area that may be impacted by the said application ,
as determined by the commission and fifteen ( 15 ) days prior
to the hearing set pursuant to 11-2-416 E 2 b , post a copy
of said notice on the property under consideration and
deliver to the zoning administrator a notarized statement
that he has posted the property and the date the posting was
placed . "
27 . 11-2-416 E . 2 , shall be amended as follows :
"The commission shall :
a . Give notice of the hearing , at least fifteen ( 15 ) days
prior to the hearing , by certified mail to property owners
within the land being considered and to owners within three
hundred ( 300 ) feet of the external boundaries of the land
being considered and any additional area that may be impacted
by said application as determined by the Commission . Said
notice by certified mail must be deposited with the United
States Post Office at least fifteen ( 15 ) days prior to the
hearing . Said notice shall contain a vicinity map of the
property, a brief statement of the nature of the application ,
the name and address of the applicant . When notice is
required to two hundred ( 200 ) or more property owners or
residents , in lieu of the mail notification , notice of the
proceeding and hearing required hereby may be given by
publishing the notice for two ( 2 ) consecutive weeks in the
official newspaper of the City of Meridian provided that the
second notice appears ten ( 10 ) days prior to the public
hearing ,
b . Prior to recommending an application , conduct at least
one ( 1 ) public hearing in which interested persons shall have
an opportunity to be heard . At least fifteen ( 15) days prior
to the hearing, notice of the time and place and a summary
of the application to be discussed shall be published in the
official newspaper or paper of general circulation within the
City of Meridian .
C . Within forty-five ( 45 ) days from the hearing , transmit
AMBROSE, its recommendation to the Council with supportive reasons .
FITZGERAL❑ The Commission may, however , continue the matter from meeting
&CROOKSTON to meeting if it finds that it does not have sufficient
Attorneys and
Counselors
P.O.Box427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
Merid Ian,Idaho OF THE CITY OF MERIDIAN --- PAGE 7
83542
Telephone 888-44$1
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information to make a decision . The Commission shall
recommend that the application be approved , approved with
conditions or denied . The Commission shall insure that any
approval or approval with conditions of an application shall
be in accordance with the Comprehensive Plan , this Ordinance
and State law.
d . Maintain a record of the hearing, findings made and
actions taken .
28. 11-2-416 F . 1 . , should be amended such that it reads as
follows :
"Hearing : The Council shall conduct at least one ( 1 ) public
hearing following the notice and requirements contained in 11-2-
416 E . 2 . , and the Council having given notice as required by 11-
2-416 E . 2 . a. by ordinary first call mail .
29 . 11-2-417 , needs to be amended by deleting from the
second paragraph of that section the following language , "And a
statement of the owner granting to the City a lien against the
property to secure the payment of all costs incurred by the City,
including engineering , publication and attorney costs and fees .
30. 11-2-418 B . , needs to be amended by the deletion in the
second sentence of the phrase "or lessee" .
31 . 11-2-418 B . 12, 14 , 15 and 18 need to be repealed .
32 . 11-2-419 B . 22, needs to be repealed .
33 . 11-2-422 A. should be deleted and a new section 11-2-
422 A. should be adopted which should read as follows :
" 11-2-422 A. A Petitioner or applicant for any of the
zoning or planning matters in this Title shall pay the fees
established by the City Council , by resolution . No petition
or application , except as except as hereafter provided , shall
be accepted by the City unless accompanied by the required
filing fee . "
34 . 11-2-422 E , needs to be amended by the deletion of
everything in the section , except the following language :
" If all fees are not paid , the City may revolve any zoning
permit , conditional use permit, accessory use permit ,
AMBROSE, variance, occupancy permit , zoning certificate initialI
FITZGERALD y
&CROOKSTON given the applicant , and in the case of an annexation
procedure, the City may de-annex said property. "
Attorneys and
Counselors
P.O.Box 427
Meridian,Idaho
8642 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
364
Telephone88"481 OF THE CITY OF MERIDIAN --- PAGE 8
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35 . 11-2-424 A. 2 . , on the Fence Designations , the drawings
should show the dimensions around a water meter and/or fire
hydrant to be 4 ' x 41 .
SUBDIVISION AND DEVELOPMENT ORDINANCE
36 . 11-9-604 C. 4 . c . should be deleted and d . should be
re-lettered to c .
37. 11-9-604 C. 5 , a . , b , and c. should be amended to delete
the "twenty-seven ( 27 ) " copies and insert " thirty ( 30) " copies ,
38. 11-9-604 C . 5 , d . should be amended to delete the seven
( 7 ) sets of conceptual engineering plans to four (4 ) conceptual
engineering plans and the City Engineer shall make the
determination as to the drawings conformance to the proposed
improvements to applicable regulations , ordinances and standards ,
39 . 11-9-604 C. 6. , Requirements of Preliminary Plats , m.
should be amended to read as follows : ,
"Any proposed or existing utilities , including , but not
limited to, storm and sanitary sewers , irrigation laterals ,
ditches , drainages , bridges , culverts , water mains , fire
hydrants , street lights , and their respective profiles " .
40. 11-9-604 H . 1 . a should be amended to delete twenty-
seven ( 27 ) and insert thirty ( 30 ) .
41 . 11-9-605 B . 3. a . should be amended to add to that
11 portion of the Highway and Street Types under Major Arterial
Section Line Roads " so that they are required to have 80 feet of
right-of-way.
42 . 11-9-605 I . , second paragraph , first sentence, should
be amended to delete "Commission " and insert "Council " .
43 . 11-9-605 J . Fences , needs to be amended to add a new
subsection which shall be lettered k . and which shall read as
follows :
" 11-9-605 J . 7, k . Any developer intending to construct a
AMaRosE,
fence on top of a berm shall show the berm and the fence on the
preliminary FITZGERALD y plat and shall include with the preliminary plat the
&CROOKSTON design placement , heights , specifications , and drawing Of said
fence.
Attorneys and
Counselors
P.O Box 427 Meridian,Idaho 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
63642 OF THE CITY OF MERIDIAN - - PAGE 9
Telephone 88&4461
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44 . 11-9-605 J . should have a new paragraph numbered 11-9-
605 J . 8. which would read as follows :
" 11-9-605 J . 8 . Any developer intending to construct a
boundary fence on the boundaries of a proposed subdivision
shall show the fence on the preliminary plat and shall
include with the preliminary plat the design , placement ,
heights , specifications , and drawing of said fence . "
45 . 11-9-605 J . 10. a . 12 should be deleted ,
46. A new section 11-9-605 M. , should be added relating to
Piping Of Ditches , which would read as follows :
ttM. Tiling of irrigation ditches , laterals or canals . All
irrigation ditches , lateral or canals , exclusive of natural
waterways , intersecting, crossing or lying adjacent and contiguous
to an area being subdivided shall be covered and enclosed with
tiling or other covering equivalent in ability to detour access
to said ditch , lateral or canal , or any part of said lands or
areas being subdivided touch either or both sides of said ditch ,
lateral or canal . The City may waive this requirement for
covering such ditch , lateral or canal , if it finds that the public
purpose requiring such will not be served in the individual case.
Any covering program involving the distribution system of any
irrigation district shall have the prior approval of that affected
district . No subdivision plat shall be approved where the
subdivision is arbitrarily or artificially laid out to avoid being
adjacent to any irrigation ditch , lateral or canal to which it
would otherwise be naturally adjacent or which it would otherwise
naturally include .
47. 11-9-606 A. , Responsibility For Plans , should be amended
such that the existing paragraph is designated as paragraph 1 , and
a new paragraph added designated as 2 . which should read as
follows :
" It shall be the responsibility and liability of the
subdivider and owner of every subdivision to construct and
install every improvement shown on the plat of the
subdivision or represented to be included in the subdivision
at any presentation before the Planning and Zoning Commission
or the City Council and this responsibility and liability
shall run with the land and this responsibility and liability
shall be shown on the plat of the subdivision . "
AMBROSE,
FITZGERALD 48 . 11-9-606 S . 13 should be amended to add a new paragraph
BCROOKSTON number 13 . c . , which shall read as follows , 'lc . Every subdivider
Attorneys and shall show on his development plan where each street light is to
Counselors
P.O.Box 427 Meridian,Idaho 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
83642 OF THE CITY OF MERIDIAN --- PAGE 10
Telephone 888.4481
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be placed in the subdivision " .
49 . 11-9-606 B 14 should be amended by the addition of the
following language at the end of the existing paragraph :
"Also , the above requirement may be waived if the
subdivider either 1 ) deeds to the City land for a well ,
drills the well and places the well on line with the
City water system, including the necessary pumps ,
piping , values , pressure equipment , and all other
equipment necessary, and which well depth and capacity
are determined by the City; or 2 ) the subdivider
deposits , gives and grants sufficient funds with the
City to purchase land , construct and drill a well , and
purchase all necessary equipment to put the well on line
with the City water system . In many subdivisions the
latter option may be preferable to the City so that the
City may combine funds to drill and equip one large well
to service several subdivisions , rather than have
several smaller wells of less capacity .
50. 11-9-615 A. 1 , should be deleted and a new section 11-
9-615 A . 1 . should be adopted which should read as follows :
till-9-615 A. 1 . A Petitioner or applicant for any of the
subdivision or application matters in this Title shall pay the
fees established by the City Council , by resolution . No petition
or application , except as except as hereafter provided , shall be
accepted by the City unless accompanied by the required filing
fee.
51 . 11-9-617 A. 3 . , there should be a drawing added showing
the sight triangles for fences .
DATED this day of , 1991 .
ZONING COMMISSION
AMBROSE,
FITZGERALD
&CROOKSTON
Attorney$and
Counselors
P.O.Box427 1991 PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES
Me`t83842 OF THE CITY OF MERIDIAN --- PAGE 11
Telephone 8W4461
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front property line. Fences to a height of seventy-two
(72) inches may be built from the front of the dwelling
unit to and including the rear property line;
b. Any open-vision fence, wall ; or planting on or
within the clear-vision triangle shall be limited to
thirty-six (36) inches in height measured from the crown
of the street; and
C. Solid or closed non-vision fences to a height of
thirty-six (36) inches or open-vision type fences to a
height of forty--eight (48) inches may be built along the
front property line and along the side property line to
the front of the dwelling unit, except that a fence of
seventy-two (72) inches in height may be built upon
street and side property lines from the front of the
dwelling to the rear property line, provided that no
closed non-vision fence which exceeds thirty-six ( 36)
inches in height may be erected in the clear-vision
triangle.
d. Any developer intending to construct a fence on top
of a berm shall show the berm and the fence on the
preliminary plat and shall include with the preliminary
plat the design, placement, heights , specifications , and
drawing of said fence.
e. Any developer intending to construct a boundary
fence on the boundaries of a proposed subdivision shall
show the fence on the preliminary plat and shall include
with the preliminary plat the design, placement, height,
specifications and drawing of said fence.
Section 68 . That Section 11-9--605 J. , Fences, 10 . a. 12.
of the Subdivision and Development Ordinance is hereby repealed.
SECTION 69. That Section 11-9--605 of the Subdivision and
Development Ordinance is hereby amended by the addition thereto
of a new subsection which shall be numbered 11-9-605 M. , PIPING
OF DITCHES, and which shall read as follows:
M PIPING OF DITCHES
Tiling of irri ation ditches, laterals or canals. All
AMBROSE, waterwa s, lrrl tion ditches, or canals laterals
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