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HomeMy WebLinkAbout1991 – Ordinance No. 557 r � V SUMMARY OF ORDINANCE 557 On October 1 , 1991 , at its regular meeting on the 1st Tuesday of the month , the Meridian City Council passed and approved Ordinance No . 557 , which Ordinance amended the Zoning Ordinance and the Subdivision and Development Ordinance which are contained in Title 11 , Chapters 2 and 9 , respectively , of the Revised and Compiled Ordinances of the City of Meridian , the Title of which Ordinance No . 557 reads as follows : ORDINANCE NO . 557 AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING CHAPTER 2 , ZONING ORDINANCE , AND CHAPTER 9, SUBDIVISION AND DEVELOPMENT ORDINANCE , BOTH OF TITLE 11 , OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN , WHICH AMENDMENTS DO THE FOLLOWING : 1 ) REGARDING THE ZONING ORDINANCE , IT CHANGES THE JURISDICTION OF THE ZONING ORDINANCE FROM THE AREA OF IMPACT TO THE LAND THE CITY HAS JURISDICTION OVER PURSUANT TO THE AREA OF IMPACT AGREEMENTS ; AMENDS SECTION 11-2 -403 B . DEFINITIONS BY ADDING , DELETING , AMENDING AND PUNCTUATING SOME OF THE DEFINITIONS ; REPEALS SECTION 11-2-404 C . 1 . AND RE-ENACTS SAID SECTION TO DELETE THE REQUIREMENT THAT A PLANNING AND ZONING COMMISSION MEMBER SHALL_ BE ADDED FOR EACH ADDITIONAL 5 , 000 INCREASE IN POPULATION AND TO SET THE TERM OF OFFICE OF COMMISSIONERS AT SIX YEARS ; AMENDS SECTION 11-2-404 C . 2 . BY THE ADDITION THERETO OF THE POWER BY THE COMMISSION TO APPOINT HEARING EXAMINERS ; AMENDS SECTION 11 -2-404 D . 1 . BY THE ADDITION THERETO OF TWO SUBSECTIONS GIVING THE COUNCIL_ POWER TO APPOINT HEARING EXAMINERS AND TO PERFORM DUTIES AS REQUIRED BY THE ZONING ORDINANCE ; AMENDS SECTION 11-2-405 C . 1 . AND 2 BY DELETING THE WORDS "CONDITIONAL USE" THEREFROM AND INSERTING "VARIANCE" ; AMENDS SECTION 11-2-406 C . BY DELETING THE WORDS "OR AMENDMENT" AND INSERTING THE PHRASE "APRIL 2 , 1984" ; AMENDS SECTION 11-2-407 B . 2 . d . TO DELETE AN "0" AND INSERT THE WORD "OR" ; AMENDS SECTION 11--2-407 C . TO DELETE THE WORD "AGRICULTURAL " ; REPEALS SECTION 11-2-408 B . 1 . , LOW DENSITY RESIDENTIAL DISTRICT , AND RE-ENACTS SAID SECTION , AND AMENDS SECTION 11-2-409 , ZONING SCHEDULE OF USE CONTROL , A . , RESIDENTIAL , SO BOTH STATE THAT ONLY SINGLE-FAMILY DWELLINGS , PUBLIC SCHOOLS , AND PLANNED RESIDENTIAL DEVELOPMENTS SHALL RE ALLOWED IN THE R-4 DISTRICT; AMENDS SECTION 11-2-409 , ZONING SCHEDULE OF USE CONTROL , B . , COMMERCIAL , TO STATE THAT CHURCHES ARE A PERMITTED USE IN OLD TOWN , CHILD CARE CENTERS ARE A CONDITIONAL USE IN THE C-G ZONE , AND THAT BARS , ALCOHOL ESTABLISHMENTS ARE A CONDITIONAL USE IN OLD TOWN , AMENDS SECTION 11-2-409 , ZONING SCHEDULE OF USE CONTROL , C . , INDUSTRIAL , TO AMBROSE, REMOVE FROM "FABRICATED METAL PRODUCTS" , MAJOR WELDING ; REPEALS FITZGERALO SECTION 11-2-410 , ZONING SCHEDULE OF BULK AND COVERAGE CONTROLS , BCROOKSTON A , , AND RE-ENACTS SAID SECTION TO CHANGE THE REQUIREMENTS AND TO DELETE THE AGRICULTURAL DISTRICT AND TO CHANGE THE " I " DISTRICT Allomeye and Counselors TO " I -L " ; AMENDS 11-2-410 B . 4 . TO ADD "CHIMNEY ' AS AN P.O.Box427 ARCHITECTURAL PROJECTION ; AMENDS SECTION 11-2-410 D . 1 . b . ( 4 ) TO Merldlan,Idaho 83612 SUMMARY OF ORDINANCE 557 PAGE - 1 Telephone 888.44E1 '`.. ,� t J A i DELETE THE REQUIREMENT RELATING TO COVENANTS AND RESTRICTIONS ; AMENDS SECTION 11-2-410 0 . 1 . b . ( 5 ) TO DELETE THE REFERENCE TO I COSTS OF NOTICE , LEGAL AND ENGINEERING FEES ; AMENDS SECTION 11 -2- 410 D. 1 . b . ( 7 ) TO DELETE THE "NOT" AND INSERT "NO" ; AMENDS SECTION 11-2-411 D . TO ADD A NEW SUBSECTION 6 . TO STATE THAT MULTI -STORIED SINGLE-FAMILY DWELLINGS MUST HAVE A MINIMUM OF 800 SQUARE FEET ON THE GROUND FLOOR ; REPEALS SECTION 11-2-414 C . 1 . AND 11 . ; AMENDS SECTION 11-2-414 D . BY THE ADDITION OF A SUBSECTION 3 . DEALING WITH DRAINAGE ; AMENDS SECTION 11-2-414 E . f . ( 1 ) TO CHANGE "ONE SPACE FOR EACH BUS OR OTHER VEHICLE " TO "ONE SPACE FOR EVERY TEN CHILDREN " ; AMENDS SECTION 11-2-416 B . TO DELETE THE REQUIREMENT THAT A ZONING AND SUBDIVISION REQUEST BE PROCESSED AS SUBDIVISION APPLICATION ; REPEALS SECTION 11-2-416 C . 17 . ; REPEALS SECTION 11-2-416 E . PROCEDURE , 1 . a . AND RE-ENACTS SAID SECTION TO CHANGE THE REQUIREMENTS THAT AN APPLICANT MUST PERFORM IN OBTAINING A ZONING AMENDMENT ; REPEALS SECTION 11-2-416 E . PROCEDURE , 1 . c . ; REPEALS SECTION 11 -2 -416 E . PROCEDURE , 2 . AND RE- ENACTS SAID SECTION TO STATE THAT THE COMMISSION SHALL_ GIVE THE NOTICE OF NEARING RATHER THAN THE APPLICANT ; AMENDS SECTION 11 -2-416 F . 1 . TO DELETE THE MAILING NOTICE REQUIREMENTS BY THE APPLICANT AND HAVING THE CITY PERFORM THAT TASK ; AMENDS SECTION 11-2-417 TO DELETE THE REQUIREMENT THAT THE OWNER GRANT A LIEN TO SECURE PAYMENT OF COSTS ; AMENDS SECTION 11-2-418 8 . TO REMOVE THE ABILITY OF A LESSEE TO APPLY FOR A CONDITIONAL USE PERMIT ; REPEALS SECTIONS 11-2-418 B . 12 , 14 , 15 , AND 18 TO REMOVE THE REQUIREMENTS OF 75% CONSENT , THE GRANTING OF A LIEN TO SECURE PAYMENT OF COSTS, A STATEMENT THAT THE USE DOES VIOLATE COVENANTS OR RESTRICTIONS , AND REMOVING THE STATEMENT THAT NO CONDITIONAL USE WILL BE GRANTED IF IT VIOLATES THE COVENANTS OR RESTRICTIONS; REPEALS SECTION 11- 2-419 B . 22 . REMOVING THE REQUIREMENT FROM THE VARIANCE PROVISIONS THAT THE OWNER GRANT A LIEN TO SECURE PAYMENT OF COSTS ; REPEALS SECTION 11-2-422 A . AND RE-ENACTS SAID SECTION REQUIRING ` APPLICANTS TO PAY THE FEES ESTABLISHED BY THE CITY COUNCIL PURSUANT TO RESOLUTION ; AND REPEALS SECTION 11-2-422 E . AND RE- ENACTS SAID SECTION TO REMOVE THE REQUIREMENT THAT THE APPLICANT PAY THE LEGAL , ENGINEERING AND PUBLICATION COSTS AND GRANT A LIEN TO SECURE THE PAYMENT THEREOF , BUT LEAVING THE LANGUAGE STATING THAT IF THE FEES REQUIRED ARE NOT PAID THAT THE CITY MAY REVOKE ANY ACTION APPROVING THE APPLICATION . 2 ) REGARDING THE SUBDIVISION AND DEVELOPMENT ORDINANCE , IT REPEALS SECTION 11 -9- 604 C . 4 . c , AND RENUMBERS I1-9-604 C . 4 . d . TO I1-9-604 C . 4 . c . ; AMENDS SECTION 11-9-604 C . 5 . a . b . AND c . TO DELETE THE REQUIREMENT OF TWENTY-SEVEN COPIES AND INSERTS THIRTY COPIES ; AMENDS SECTION 11-9-604 C . 5 . d . TO DELETE THE 117 " COPIES AND INSERTS "4 " COPIES OF CONCEPTUAL ENGINEERING PLANS AND CHANGES THE "ADMINISTRATOR" TO THE "CITY ENGINEER" AS THE OFFICIAL TO DETERMINE CONFORMANCE TO REGULATIONS , ORDINANCES AND STANDARDS OF AMBROSE, THE CITY ; REPEALS SECTION 11 -9-604 C . 6 . m. AND RE-ENACTS SAID &ROOKTON SECTION TO ADD STREET LIGHTS ; AMENDS SECTION 11-9-604 H . 1 . a . TO DELETE 1127 " AND INSERT " 30" COPIES OF THE PLAT ; AMENDS SECTION 11- Rltomeyeend 9-605 I . TO DELETE "COMMISSION " AND INSERTS "COUNCIL" AS THE Counselors ENTITY THAT REVIEWS COVENANTS ; AMENDS SECTION 11-9-605 J . , FENCES, P.O.Box 427 Merldien,ldeho 836/2 SUMMARY OF ORDINANCE 557 PAGE - 2 Telephone 004461 4 7 . TO ADD A NEW SUBSECTION k . WHICH SHALL. REQUIRE THAT FENCES TO BE CONSTRUCTED ON BERMS BE SHOWN ON THE PRELIMINARY PLAT ; AMENDS SECTION 11-9-605 J . , FENCES , TO ADD A NEW SUBSECTION 8. WHICH SHAM_ REQUIRE THAT DEVELOPERS INTENDING TO CONSTRUCT BOUNDARY FENCES SHOW THAT ON? THE PRELIMINARY PLAT ; REPEALS SECTION 11-9- 605 J . 10 . a . 12 . ; AMENDS SECTION 11-9-605 BY THE ADDITION THERETO OF A NEW SUBSECTION M . TO REQUIRE THAT DITCHES AND WATERWAYS IN NEW SUBDIVISIONS BE PIPED ; AMENDS SECTION 11-9-606 A . TO RENUMBER THE SECTION AND ADD A NEW SUBSECTION 2 . STATING THAT IT IS THE LIABILITY OF THE SUBDIVIDER AND OWNER TO SEE THAT IMPROVEMENTS SHOWN ON THE PLAT ARE CONSTRUCTED ; SECTION 11-9-606 B . 13 . IS AMENDED TO ADD A NEW SUBSECTION c . REQUIRING THAT THE LOCATION OF STREET LIGHTS BE SHOWN ON THE PLAT ; SECTION 11-9-606 B . 14 . IS AMENDED BY THE ADDITION OF AN ADDITIONAL PARAGRAPH RELATING TO THE WAIVER OF THE PRESSURIZED IRRIGATION REQUIREMENTS ; REPEALS SECTION 11 •-9-615 A. 1 . AND RE-ENACTS SAID SECTION TO REQUIRE THE SUBDIVIDER TO PAY THE FEES ESTABLISHED BY THE CITY COUNCIL BY RESOLUTION ; AND PROVIDING AN EFFECTIVE DATE . The provisions of Ordinance No . 557 are accurately stated in the above title but the principal amendments of the Ordinance are as follows : ZONING ORDINANCE 1 . Amends the Jurisdiction of the Zoning Ordinance to cover land the City has jurisdiction over pursuant to the Area of Impact Agreements between the City and Ada County . 2 . Deletes portions of, adds to, or amends some of the existing definitions . Some of the changes are minor involving punctuation or adding to the definition the effective date of the original adoption of the Zoning Ordinance, April 2 , 1984 , The following reflect the changes of significance : Applicant is changed to mean any person submitting a request for rezone , conditional use , accessory use , annexation , or request to be allowed to make any application authorized under this ordinance . Automobile Wrecking Yard is changed to reflect a 30 day time period rather than a 60 day time period as the maximum time for the holding of an unlicensed vehicle before the place of holding is deemed a wrecking yard . Clinic ( Medical , Dental , Optical ) is changed to mean a building ( other than a hospital ) used by one ( i ) or more health care practitioners for the purpose of care, diagnosis AMBROSE. or treatment of sick , a 1 ing , inf irm, or injured patients , FITZGECROOFiAIqKSTbN or those who are in need of medical and surgical attention , , but which building does not provide board , room or regular Rttorneyeend hospital care and services . " Couneelwo P.O.Box 427 1Nerld83542deho SUMMARY OF ORDINANCE 557 PAGE - 3 Telephone888-4491 " � I 3 I Commercial Use or Business is changed to mean the purchase, � sale or other transaction involving the handling or disposition of any article , substance or commodity , or the dispensing of services for livelihood or profit ; ownership or management of office buildings , offices for recreational , entertainment or amusement enterprises or the maintenance and use of offices by professions and trades rendering services is included in this definition . " Convalescent or Nursing Home , Rest Home is changed to mean any home , place or institution which operates or maintains facilities providing convalescent , or chronic care, or both, for a period in excess of twenty-four ( 24 ) consecutive hours for two ( 2 ) or more patients not related by blood or marriage to the operator , and said patients , who by reason of illness or infirmity, are unable to properly care for, themselves . District or Zone is changed to delete the Agricultural Zone as a zone within the city . Entertainment Facilities ( Commercial ) is changed to mean any structure housing any " for profit " activity , which is generally related to the entertainment field , such as motion picture theaters , taverns , night clubs , cocktail lounges, bowling allies , and similar entertainment activities . " Fence is added as a definition which means an enclosure ; especially an enclosing barrier , as one to prevent straying from within or intrusion into. Fence , Open is added as a definition which means a fence that does not restrict or impede vision or sight through the fence by more than twenty percent . Lot , Flag lot , is added as a definition which means a lot in the shape of a flag on a pole or similar design . A flag lot shall have a minimum frontage of thirty ( 30 ) feet and a house place on a flag lot shall have the house facing the street frontage . Highway definition is changed to mean the entire width between the boundary lines of every way publicly maintained when any part is open to the use of the public for vehicular traffic , with jurisdiction extending to the adjacent property line, including sidewalks , shoulders , berms , and rights -of- way not intended for motorized traffic . The term ' street ' is interchangeable with highway. AMBROSE, FITZGERALD 9CROOKSTON Impact Area is changed to delete the language which indicated that the Zoning Ordinance applied to all land in_ the Impact Allorneyeand Area rather than just the land over which the City has Couneerore jurisdiction . P.O.Box 427 Merld8e642aaho SUMMARY OF ORDINANCE 557 PAGE - 4 TalaPhona BB&44e 1 i f Ownership is changed to mean the individual , firm, association , syndicate , partnership or corporation who is the owner of property . Professional . Offices is changed to mean structures where those engaged in a profession conduct their business and activity" . Walkway is changed to delete the phrase " five ( 5 ) feet or more in width . " 3 . The terms of the Planning and Zoning Commission are fixed at six ( 6 ) years and the requirement that a new Commission member be added for each additional 5 , 000 increase in population is deleted . 4 . The City Council and the Planning and Zoning Commission are given the authority to appoint hearing officers . 5 . The Use and Bulk Regulations are amended to reflect that the variance procedure rather than the conditional use procedure , will be used for an applicant to obtain use and bulk regulation changes . 6 . There are several changes to more precisely reflect that April 2 , 1984 , is the date from which grandfather rights are determined rather than the date of enactment of the ordinance or its amendment . 7 . The Agricultural Zone is deleted from the Zoning Ordinance as an authorized zone . 8. The R-4 , Single Family Residential Zone restrictions are amended to reflect that no uses other than single-family dwellings , public schools , or planned residential developments will be allowed in that zone . The Schedule of Use Control is amended to reflect this change . 9 . The Schedule of Use Control is amended to reflect that Churches are a permitted use in Old Town , that. Child Care Centers are a conditional use in the C-G Zone , that Bars , Alcoholic Establishments are a conditional use in Old Town , and that Major Welding is removed from the Fabricated Metal Products . 10. The Zoning Schedule of BuTk and Coverage Controls , is amended to remove the A District and its associated requirements , the I under Districts is changed to I -1_ , and an asterisk ( * ) is added under R--15 , Minimum Yard Setback Requirements from road right-of-way interior side so that the street frontage is determined on the cuI -de-sac lots at the setback line , and a footnote ( 7 ) is added stating that "On corner lots in Residential Districts , the rear set back may be determined on a side of the AMBRose, structure, at the option of the builder" , and a ( 7 ) shall be added 9CROOKSTON 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 Attomayeand Right-of-Way" is be deleted from "Minimum Yard Setback Requirement Counselors from Road Right-of-Way" . P.O.Box427 11 . Chimneys are added to the 1 i s t of architectural Morldlen,Idaho &W2 Te"honetttta40111 SUMMARY OF ORDINANCE 557 PAGE - 5 I prof-ections . . 12 . Several sections are amended or repealed to delete the requirement that applicants pay the legal , engineering and publication costs of processing the application and grant a lien to secure those costs and regarding conditional use permits the requirements that the applicant state the use does not violate covenants or deed restrictions and obtain the consent to 75% of the property owners within 100 feet , are deleted . 13 . The amendment now requires that all multi -storied single family dwellings have a minimum of 800 square feet of 1 iving space on the ground floor . 14 . Two sections of the .Zoning Ordinance relating to accessory buildings and home occupations were repealed since they were duplicative of existing sections . 15 . Drainage plans were adders as a requirement for off- street parking and the parking space requirement for nursery schools , day care centers and kindergartens was changed to one space for every ten children plus one space per staff member . 16. The requirement that a dual request for a zoning amendment and a development , be processed under the development approval procedure process was deleted . 17 . The requirements to be fulfilled by an applicant for a zoning change , which also apply to other, applications , were changed so that the applicant still provides the names of property owners within 300 feet , certifies that the list is correct , and posts the property with the notice of hearing and certifies that he so posted the property , but the City performs most of the other notice requirements , conducts the hearings on the application , must act on the application within a certain time period , and keeps a record of all proceedings . 18. Removes the ability of a lessee to apply for a conditional use permit , 19 . The fee schedule is repealed and authorizes the City Council to provide for a fee schedule which all applicants must pay before the application is accepted and if for some reason the fee is not paid any approval may be revoked . 20. The fence illustration is ascended to change " chain link fence" to "open fence" and to show that a 4 ' x 4 ' ground area must be left open around utility accesses . SUBDIVISION AND DEVELOPMENT ORDINANCE 21 . Several sections are amended or repealed to delete the requirement that applicants pay the legal , engineering and publication costs of processing the application and grant a lien to secure those costs . 22 . The number of required copies to be submitted is changed AMBROSE. from 27 to 30 for both preliminary and final plats but the number FITZGERALD of copies of conceptual engineering plans is reduced form 7 to 4 . &CROOKSTON 23 . The official to check preliminary plat. drawings is A,torneysand changed from the Zoning Administrator to the City Engineer . Counselors 24 . The placement of street lights are added to the RO Box 427 requirements of the preliminary plat . Meridian,Idaho $3642 Telephone 898.1461 SUMMARY OF ORDINANCE 557 PAGE - 6 i k i . 25 . The governing body to approve subdivision covenants and restrictions is changed from the Planning and Zoning Commission to the City Council . 26 . Additional fence regulations are added which require that a fence to be constructed on top of a berm or constructed as a boundary fence shall be shown on the preliminary plat showing the specifications of the fence . 27 . A new section is added to the subdivision requirements that all waterways , irrigation ditches , laterals or canals , exclusive of natural waterways , shall be covered and enclosed with tiling . 28. The owner of the land , and the subdivider thereof , are made responsible and liable for construction of all of the improvements shown on the plat or represented to the City as being included in the development . 29 . The fee schedule is repealed and authorizes the City Council to provide for a fee schedule which all applicants must pay before the application is accepted . 30. The fence illustration is amended to change "chain link fence" to "open fence" and to show that a 4 ' x 4 ' ground area must be left open around utility accesses . The Ordinance is effective upon passage , approval and publication of this Summary according to law . The full text of Ordinance 557 is available at the Meridian City Hall , 33 East Idaho , Meridian , Idaho , and will be promptly provided by the City Clerk to any citizen upon personal request . ATTORNEY ' S CERTIFICATE The undersigned , WAYNE G . CROOKSTON , JR . , in his capacity as City Attorney of the City of Meridian , pursuant to Section 50-901 A . ( 3 ) , Idaho Code , as amended , hereby certifies that he has reviewed TF-e above Summary of Ordinance No . 557 , of the City of Meridian , Idaho , and finds the same to be true and complete and provides adequate notice to the public of the provisions of the Ordinance. DATED this day of October , 1991 . CITY ATTORNEY CITY OF MERIDIAN AMBROSE. FITZGERALD hCROOKSTON Attorneys and Counselors P.O.Bo=427 meridlan,Idaho 8M2 SUMMARY OF ORDINANCE 557 PAGE - 7 Telephone BW4461 ORDINANCE NO 7 1 OF THE CITY OF MERIDIAN AMENDING CHAPTER 2, , . AND CHAPTER 9, SUBDIVISION AND DEVELOPMENT OF TITLE 111 OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN, WHICH AMENDMENTS DO THE FOLLOWING: 1) REGARDING THE ZONING ORDINANCE, IT CHANGES THE JURISDICTION OF THE ZONING ORDINANCE FROM THE AREA OF IMPACT TO THE LAND THE CITY HAS JURISDICTION OVER PURSUANT TO THE AREA OF IMPACT AGREEMENTS; AMENDS SECTION 11-2-403 B. DEFINITIONS BY ' ADDING, DELETING, AMENDING AND PUNCTUATING SOME OF THE DEFINITIONS; REPEALS SECTION 11-2-404 C. 1 . AND RE-ENACTS SAID SECTION TO DELETE THE REQUIREMENT THAT A PLANNING AND ZONING COMMISSION MEMBER SHALL BE ADDED FOR EACH ADDITIONAL 5, 000 INCREASE IN POPULATION AND TO SET THE TERM OF OFFICE OF COMMISSIONERS AT SIX YEARS; AMENDS SECTION 11-2-404 C. 2 . BY THE i ADDITION THERETO OF THE POWER BY THE COMMISSION TO APPOINT HEARING EXAMINERS; AMENDS SECTION 11-2-404 D. 1 . BY THE ADDITION THERETO OF TWO SUBSECTIONS GIVING THE COUNCIL POWER TO APPOINT HEARING EXAMINERS AND TO PERFORM DUTIES AS REQUIRED BY THE ZONING ORDINANCE; AMENDS SECTION 11-2-405 C. 1 . AND 2 BY DELETING THE WORDS "CONDITIONAL USE" THEREFROM AND INSERTING "VARIANCE" ; AMENDS SECTION 11-2-406 C. BY DELETING THE WORDS "OR AMENDMENT" AND INSERTING THE PHRASE "APRIL 2 , 1984" ; AMENDS SECTION 11-2-407 B. 2 . d. TO DELETE AN "0" AND INSERT THE WORD "OR" ; AMENDS SECTION 11-2-407 C. TO DELETE THE WORD "AGRICULTURAL" ; REPEALS SECTION 11-2-408 B. 1 . , LOW DENSITY RESIDENTIAL DISTRICT, AND RE-ENACTS SAID SECTION, AND AMENDS SECTION 11-2-409, ZONING SCHEDULE OF USE CONTROL, A. , RESIDENTIAL, SO BOTH STATE THAT ONLY SINGLE--FAMILY DWELLINGS , PUBLIC SCHOOLS, AND PLANNED RESIDENTIAL DEVELOPMENTS SHALL BE ALLOWED IN THE R-4 DISTRICT; AMENDS SECTION 11-2-409 , ZONING SCHEDULE OF USE CONTROL, B. , COMMERCIAL, TO STATE THAT CHURCHES ARE A PERMITTED USE IN OLD TOWN, CHILD CARE CENTERS ARE A CONDITIONAL USE IN THE C-G ZONE, AND THAT BARS, ALCOHOL ESTABLISHMENTS ARE A CONDITIONAL USE IN OLD TOWN; AMENDS SECTION 11-2-409, ZONING SCHEDULE OF USE CONTROL, C. , INDUSTRIAL, TO REMOVE FROM "FABRICATED METAL PRODUCTS" , MAJOR WELDING; REPEALS SECTION 11-2-410, ZONING SCHEDULE OF BULK AND COVERAGE CONTROLS , A. , AND RE-ENACTS SAID SECTION TO CHANGE THE REQUIREMENTS AND TO DELETE THE AGRICULTURAL DISTRICT AND TO CHANGE THE "I" DISTRICT TO "I-L" ; AMENDS 11-2-410 B . 4 . TO ADD "CHIMNEY ' AS AN ARCHITECTURAL PROJECTION; AMENDS SECTION 11-2-410 D. 1 . b. (4) TO DELETE THE REQUIREMENT RELATING TO COVENANTS AND RESTRICTIONS; AMENDS SECTION 11-2-410 D . 1 . b. (5) TO DELETE THE REFERENCE TO COSTS OF NOTICE, LEGAL AND ENGINEERING FEES; AMENDS SECTION 11-2- 410 D. 1 . b . (7) TO DELETE THE "NOT" AND INSERT "NO" ; AMENDS SECTION 11-2-411 D. TO ADD A NEW SUBSECTION 6. TO STATE THAT AMBROSE. MULTI-STORIED SINGLE-FAMILY DWELLINGS MUST HAVE A MINIMUM OF 800 FITZGERALD SQUARE FEET ON THE GROUND FLOOR; REPEALS SECTION 11-2-414 C. 1 . BCADONSTON AND 11 . ; AMENDS SECTION 11-2-414 D. BY THE ADDITION OF A Attorneys and Counselors ORDINANCE AMENDING THE ZONING ORDINANCE P.O.Box427 Page -- 1 Meridian,Idaho 93642 Telephone B88-4461 I v \ � �./ f_. i Y _ r SUBSECTION 3 . DEALING WITH DRAINAGE; AMENDS SECTION 11-2-414 E. f. (1) TO CHANGE "ONE SPACE FOR EACH BUS OR OTHER VEHICLE" TO "ONE SPACE FOR EVERY TEN CHILDREN" ; AMENDS SECTION 11-2-416 B. TO i DELETE THE REQUIREMENT THAT A ZONING AND SUBDIVISION REQUEST BE PROCESSED AS SUBDIVISION APPLICATION; REPEALS SECTION 11-2-416 C. 17. ; REPEALS SECTION 1.1-2-416 E. PROCEDURE, 1 . a. AND RE-ENACTS SAID SECTION TO CHANGE THE REQUIREMENTS THAT AN APPLICANT MUST PERFORM IN OBTAINING A ZONING AMENDMENT; REPEALS SECTION 11-2-416 E. PROCEDURE, 1 . c. ; REPEALS SECTION 11-2-416 E. PROCEDURE, 2 . AND RE-ENACTS SAID SECTION TO STATE THAT THE COMMISSION SHALL GIVE THE NOTICE OF HEARING RATHER THAN THE APPLICANT; AMENDS SECTION 11-2-416 F. 1 . TO DELETE THE MAILING NOTICE REQUIREMENTS BY THE APPLICANT AND HAVING THE CITY PERFORM THAT TASK; AMENDS SECTION 11-2-417 TO DELETE THE REQUIREMENT THAT THE OWNER GRANT A LIEN TO SECURE PAYMENT OF COSTS; AMENDS SECTION 11-2-418 B. TO REMOVE THE ABILITY OF A LESSEE TO APPLY FOR A CONDITIONAL USE PERMIT; REPEALS SECTIONS 11-2-418 B. 12, 141 15 , AND 18 TO REMOVE THE REQUIREMENTS OF 75% CONSENT, THE GRANTING OF A LIEN TO SECURE PAYMENT OF COSTS, A STATEMENT THAT THE USE DOES VIOLATE COVENANTS OR RESTRICTIONS, AND REMOVING THE STATEMENT THAT NO CONDITIONAL USE WILL BE GRANTED I IF IT VIOLATES THE COVENANTS OR RESTRICTIONS; REPEALS SECTION 11- 2-419 B. 22 . REMOVING THE REQUIREMENT FROM THE VARIANCE PROVISIONS THAT THE OWNER GRANT A LIEN TO SECURE PAYMENT OF COSTS; REPEALS SECTION 11-2-422 A. AND RE-ENACTS SAID SECTION REQUIRING APPLICANTS TO PAY THE FEES ESTABLISHED BY THE CITY COUNCIL PURSUANT TO RESOLUTION; AND REPEALS SECTION 11-2-422 E. AND RE- ENACTS SAID SECTION TO REMOVE THE REQUIREMENT THAT THE APPLICANT PAY THE LEGAL, ENGINEERING AND PUBLICATION COSTS AND GRANT A LIEN TO SECURE THE PAYMENT THEREOF, BUT LEAVING THE LANGUAGE STATING THAT IF THE FEES REQUIRED ARE NOT PAID THAT THE CITY MAY REVOKE ANY ACTION APPROVING THE APPLICATION. 2) REGARDING THE SUBDIVISION AND DEVELOPMENT ORDINANCE, IT REPEALS SECTION 11-9- 604 C. 4 . c . AND RENUMBERS 11-9-604 C. 4 . d. TO I1-9-604 C. 4 . c . ; AMENDS SECTION 11--9-604 C. 5 . a. b. AND c. TO DELETE THE REQUIREMENT OF TWENTY-SEVEN COPIES AND INSERTS THIRTY COPIES; AMENDS SECTION 11-9-604 C . 5 . d. TO DELETE THE "7" COPIES AND INSERTS "4 " COPIES OF CONCEPTUAL ENGINEERING PLANS AND CHANGES THE "ADMINISTRATOR" TO THE "CITY ENGINEER" AS THE OFFICIAL TO DETERMINE CONFORMANCE TO REGULATIONS, ORDINANCES AND STANDARDS OF THE CITY; REPEALS SECTION 11-9-604 C. 6 . m. AND RE-ENACTS SAID SECTION TO ADD STREET LIGHTS; AMENDS SECTION 11-9-604 H. 1 . a . TO DELETE "27 ' AND INSERT "30" COPIES OF THE PLAT; AMENDS SECTION 11- 9-605 I . TO DELETE "COMMISSION" AND INSERTS "COUNCIL" AS THE ENTITY THAT REVIEWS COVENANTS; AMENDS SECTION 11-9-605 J. , FENCES, 7. TO ADD A NEW SUBSECTION k. WHICH SHALL REQUIRE THAT FENCES TO BE CONSTRUCTED ON BERMS BE SHOWN ON THE PRELIMINARY PLAT; AMENDS SECTION 11-9-605 J. , FENCES, TO ADD A NEW SUBSECTION 8 . WHICH SHALL REQUIRE THAT DEVELOPERS INTENDING TO CONSTRUCT BOUNDARY AMBROSE, FENCES SHOW THAT ON THE PRELIMINARY PLAT; REPEALS SECTION 11-9- FITZGERALD 605 J. 10. a. 12 . ; AMENDS SECTION 11-9-605 BY THE ADDITION THERETO SCROOKSTON OF A NEW SUBSECTION M. TO REQUIRE THAT DITCHES AND WATERWAYS IN Attorneys and Counselors ORDINANCE AMENDING THE ZONING ORDINANCE P.O.Box 42T Page - 2 Merldian,Idaho 83542 Telephone W-W1 i i NEW SUBDIVISIONS .BE PIPED; AMENDS SECTION 11-9-606 A. TO RENUMBER THE SECTION AND ADD A NEW SUBSECTION 2. STATING THAT IT IS THE LIABILITY OF THE SUBDIVIDER AND OWNER TO SEE THAT IMPROVEMENTS SHOWN ON THE PLAT ARE CONSTRUCTED; SECTION 11--9-606 B. 13 . IS AMENDED TO ADD A NEW SUBSECTION c. REQUIRING THAT THE LOCATION OF STREET LIGHTS BE SHOWN ON THE PLAT; SECTION 11-9-606 B. 14 . IS AMENDED BY THE ADDITION OF AN ADDITIONAL PARAGRAPH RELATING TO THE WAIVER OF THE PRESSURIZED IRRIGATION REQUIREMENTS; REPEALS SECTION 11-9-"615 A. 1 . AND RE-ENACTS SAID SECTION TO REQUIRE THE SUBDIVIDER TO PAY THE FEES ESTABLISHED BY THE CITY COUNCIL BY RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a petition to amend the Zoning Ordinance and the Subdivision and Development Ordinance of the Revised and Compiled Ordinances of the City of Meridian was submitted by the Planning and Zoning Commission to itself and City Council; WHEREAS , the petition recognized that two Ordinances revisions to correct typographical errors and omissions, needed to include desired requirements, needed to be changes to reflect Court mandated changes , and to delete some requirements; WHEREAS, the City has followed the Local Planning Act of 1975 and the Ordinances of the City of Meridian in processing the Petition to amend the Zoning Ordinance and the Subdivision and Development Ordinance the and has made and adopted Findings of Facts and Conclusions of Law; and WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of the City to amend Title 11 , Chapter 2 Zoning Ordinance, and Chapter 9, Subdivision and Development Ordinance, of the Revised and Compiled Ordinances of the City of Meridian, Ada County, and AMBROSE, FITZGERALD be effective upon approval and publication as required by law. 6CROOKSTON Allomeys end Counselors ORDINANCE AMENDING THE ZONING ORDINANCE P.O.Box427 Page - 3 Meridian,Idaho 836A2 Telephone 888-4481 ` 1 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR OF THE CITY OF MERIDIAN, AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO. SECTION 1. That Section 11-2-401 C, JURISDICTION, of the Zoning Ordinance is hereby repealed. SECTION 2. That Section 11-2-401 C, JURISDICTION, of the Zoning Ordinance is hereby re-enacted and shall read as follows: These regulations shall apply to the development of all land within the legally defined Meridian City limits and to property outside the City limits for which annexation has been requested and to land the City has jurisdiction over pursuant to Chapter 65 , Title 67, Idaho Code, under the Area of Impact agreements between the City and Ada County. SECTION 3. That Section 11-2-402 A, INTENT AND PURPOSE, of the Zoning Ordinance is hereby repealed. SECTION 4. That Section 11-2-402 A, INTENT AND PURPOSE, of the Zoning Ordinance is hereby re-enacted and shall read as follows: The intent of this Ordinance shall be to implement a general guide for the use of the land in the Meridian City limits and land over which the City has jurisdiction under the Area of Impact Agreements between the City and Ada County. This Ordinance shall be based on the officially adopted Comprehensive Plan of the City of Meridian and is enacted in order to promote and to protect the public health, safety, comfort, convenience, prosperity and general welfare and to achieve the following objectives: 1. To promote the achievement of the proposals of the Meridian Comprehensive Plan; 2. To advance the City of Meridian as a self-sufficient employment and economic center; AMBROSE, PITMERALD 3. To improve the character and quality of Meridian' s man- made environment while maintaining its identity as a Aftor"and °oi""1Do ORDINANCE AMENDING THE ZONING ORDINANCE P.O.Box a? Page - 4 +�.ndian,kWw MQ Talaph0na6 -W1 self-sufficient community; 4 . To encourage orderly growth and development, thereby avoiding scattered development of land that results in either of the following: a. The Jack of water supply, sewer service, drainage, transportation facilities , or otherwise essential public services; and b. The unnecessary imposition of an excessive expenditure to public funds for the supply of such services; 5 . To protect residential, commercial, industrial and civic areas from the intrusion of incompatible uses and to provide opportunities for establishments to concentrate for efficient operation in mutually beneficial relationships to each other and to shared services. 6 . To provide for desirable and appropriately located living areas in a variety of dwelling types and at a wide range of population and densities with adequate provision for sunlight, fresh air and usable open space. 7 . To promote safe, fast and efficient movement of people and goods and the provision of adequate off-street parking and loading; S . To encourage excellence and creativity in the design of all future developments and to preserve the natural beauty of Meridian' s setting; 9 . To provide for the manner and form of preparing and processing applications; for establishment, modification and/or variances from zoning districts and regulations. 10 . To encourage growth in those areas of the City which (due to topography, soil characteristics and other compatible features) provide the most favorable conditions for future community services such as sewer, water, transportation, school, parks, etc. ; 11 . To encourage the proper distribution and compatible integration of neighborhood commercial uses into all residential areas of the City; E 12 . To protect existing waters (Five Mile, Nine Mile and Ten AMSROSE, Mile Creeks) through the establishment of easements FITZGERALD throughout the City; l CROOKSTON Attomeys and C°°"BOIS ORDINANCE AMENDING THE ZONING ORDINANCE F.O.Box 427 page - 5 Meridian,Idaho 85842 Telephone 8884A87 13 . To protect recognized historic and architectural landmarks throughout the City; 14 . To establish reasonable standards to which buildings or structures shall conform; 15. To insure that additions to and alterations or remodeling of existing buildings or structures comply with the restrictions and limitations imposed hereunder; 16 . To provide protection against fire, explosion, noxious fumes and other hazards in the interest of the public health, safety, comfort and the general welfare; 17. To insure that buildings and land within the City are adequately maintained to prevent physical deterioration and tax base erosion; 18. To specify the administration of the regulations of the Ordinance by defining the powers and duties of approval authorities. SECTION 5. That each definition in Section 11-2--403 B. , Definitions, of the Zoning Ordinance of the City of Meridian is treated as a separate subsection of Section 11-2-403 B, Definitions, and only the subsections mentioned below are amended, deleted, or added to in Section 11-2-403 B, Definitions, the remaining definitions remain the same, and additions are underlined and deletions are stricken out, to wit: Applicant - Any person initiating an application for subdividing or development of land for the building or modification of any improvement on land. Applicant also includes any person submitting a request for rezone, cond tional use, accessory use, annexation, or request to be allowed to make any—application authorized under this ordinance. Application - Proposals which are initiated by a person to the Commission and Council for consideration. An application shall include, but not limited to, zoning amendments, conditional use permits, variances, preliminary development AMBROSE, plans or plats..L final development plans or plats, appeals, RUGERALD certificates of zoning compliance, certificates of occupancy acflootesroer g P ► P Y and annexation. Attorneys and COunselors ORDINANCE AMENDING THE ZONING ORDINANCE P.O.Box4V Page -- 6 MWWWn,Idaho Ina Tolephona BO""I Automobile Wrecking Yard - Premises on which two 2 r more I ( } o e currently non-licensed motor vehicles or two (2) or more motor vehicles not in operating condition are standing more than thin (30) days and are dismantled or stored. "Motor vehicles' includes also mobile homes, trailers or trucks. Fully enclosed buildings are exempt from this definition. Buildin , Existing - A building erected prior to the effective date of this Ordinance or one for which a legal building permit has been issued as of the effective date of this ordinance' s initial adoption on A Mil 2 1984 . Cemetery -- Land used or intended to be used for the burial of the human or animal dead and dedicated for 1 purposes, including crematories , mausoleums and mortuaries if operated in connection with and within the boundaries of such cemetery for which perpetual care and maintenance is provided. Certificate of Occupancy - A certificate which is issued by the building inspector to indicate that, after construction of the building has been completed, or a use in an existing building has been ehanged, being has been changed, the purpose for which the buildinV was constructed or changed is capable of being carried out in accordance with the terms of this Ordinance. A structure cannot be occupied until a certificate of occupancy and license have been issued. Clinic (Medical, Dental, Optical - A building (other than a hospital used by one (1) or more health care practitioners for the purpose of care, diagnosis ftftA or treatment of sick, ailing, infirm, or injured patients , a� 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 -- The purchase , sale or other transaction involvin2 the handling or disposition of an article, substance or commodit , for or management of office buildin s offices for recreational, entertainment or amusement enterprYses, or the maintenance and use of offices by professions and trades rendering services. The purchase , sale or other transaction involving the handling or disposition of any article, substance or commodity, or the dispensing of AMBROSE, services for livelihood or rofit; ownership or mana ement FITZGERALO of office buildings, offices for recreational entertainment &CROOKSTON — g ! or amusement enter rises or the maintenance and use of Attorneys and Counaelora ORDINANCE AMENDING THE ZONING ORDINANCE P.O.Boxa27 Page — 7 Meodlan,Idaho 88842 Telephone 8fl"461 I I 1 a offices by , professions and trades rendering services is included in this definition. " { Convalescent or Nursing Home, Rest Home - Any herfle, i"firleity) are enable to properly eare fer Lily home, place or institution which operates or maintains facilities providing convalescent, or chronic care, or both fora period in excess of twenty-four (24) consecutive hours for two (2) or more patients not related b blood or marriage to the o erator, and said patients, who by reason of illness or infirmit , are unable to properly care for themselves. Court - A space which is open and unobstructed to the sky, loea !ed above grade leye4 on a lot, and bounded on three (3) or more sides by building walls or fences. Dairy Farm - A farm whose principal function is the production of milk and milk products and which may include the processing of milk so produced. A dairy farm further refers to a dairy barn or processing facility or feeding area where animals are kept, raised or fed in a restricted area, District or Zone - A portion of the City of Meridian within which certain uniform regulations and requirements or various combinations thereof apply under provisions of this Ordinance. " ram . The letter "R" shall represent the residential districts, with the number following the letter "R" representing the maximum allowable dwelling units per acre, The letter "C" shall represent the commercial districts. The letter "C" shall represent the commercial districts. The letter "I" shall represent the industrial district. The letters "LO" shall represent the limited office district. Entertainment Facilities (Commercial) - Any prefit malting , __44viL___- Any structure housin an "forprofit" activity, which is generally related to the entertainment field, such AMBROSE, as motion picture theaters , taverns, night clubs, cocktail FITZGERALO lounges, bowling -allies , and similar entertainment &CROOKSTON g — — Attorneys and activities . Counselors ORDINANCE AMENDING THE ZONING ORDINANCE RO.Box 427 Page - 8 Merldtan,Idaho 63642 Telephone 8884461 I� v9i: Fence - An enclosure; especially, an enclosing barrier, as one to- prevent straying from within or intrusion into. Fence, Open -- A fence that does not restrict or impede vision or, bight through the fence by more than twenty ercent (20$} Highway - Means the entire width between the boundarylines of every way publicly maintained when any art is open to the use of the 2ublic for vehicular traffic, with Jurisdiction extendln' g to the adjacent prop!erty line including sidewalks, shoulders, berms, and rights-of-way not intended for motorized traffic. The ' term street is interchan eable with hi hwa . Loading and Unloadin5l S ace Off-Street - an open hard- surfaced area of land (other than a street or public way) in which the principal use is for the standing, loading and unloading of motor vehicles , tractors ceftd or trailers. Lot Flag Lot - A lot in the shape of a flag on a pole or similar design. A flag lot shall have a minimum frontage of thirty 30 feet on a ublic street and a structure placed on a flag lot shall have the house facing the street frontage. Manufacturing, Heavy - Manufacturing, processing, assembling, storing, testing and similar industrial uses which are generally major operations and extensive in character_ require large sites, open storage and service areas, extensive services and facilities, ready access to regional transportation and normally generate some nuisances such as smoke, noise, vibration, dust, glare, air pollution or water pollution. Manufacturing, Light - Industrial uses which are usually controlled operations, relatively clean, quiet and free of objectionable or hazardous elements such as smoke, noise, odor or dust; which operates and store within enclosed structures- L and which generate little industrial traffic and no nuisances. Mobile Home - A structure transportable in one (1) or more sections which has attached to the structure a valid insignia which states that the mobile home is in compliance with Federal Mobile Home Construction and Safety Standards (HUD) . AMBROSE, FtTZOERALD Original Parcel of Land - A lot or tract as recorded on any &CROOKSTON plat or record on file in the Office of the County Recorder Attomayo and Counaalon ORDINANCE AMENDING THE ZONING ORDINANCE P.O.Box An Page - 9 MwIdtan,Idaho LW2 Talphona BB""I or any unplatted contiguous parcel of land held in one (1) ownership - and of record at the effective date of this Ordinance, April 2, 1984 . Ownership --. , The individual, firm, association syndicate, partnership or corporation who has title of property. Parking Area or Lot (Public) - An open, hard-surfaced area (other than a street or public way) to be used for the storage (for limited periods of time) of operable passenger automobiles e-nd or commercial vehicles and available to the public whether for compensation, free or as an accommodation to clients or customers. Professional Offices - prefessionni a;+s a Structures where those engaged in a profession conduct their business and act Nit . Seat - The placeat, or the thing on, which one sits. For purposes of determining the number of off-street parking spaces for certain uses, the number of seats is the number of seating units installed or indicated or each eighteen ( 18) lineal inches of benches, pews or space for loose chairs. Walkway - A public way Five (5) feet er me-.re—width for pedestrian use only, whether or not along the side of the road. SECTION 6. That Section 11--2--404 C, Commission, 1 . , of the Zoning Ordinance of the Revised and Compiled Ordinances of the City of Meridian is hereby repealed. SECTION 7. That Section 11-2-404 C. , Commission, 1 . , of the Zoning Ordinance of the Revised and Compiled Ordinances of the City of Meridian is hereby re-enacted and shall read as follows: 1. The Commission shall consist of five (5) voting members. They shall be appointed by the Mayor and confirmed by majority vote of the Council for terms of six (6) years. An appointed member of the Commission must have resided AMBROSE. in the County five (5) years and in the City for one (1) FITZGERALO year p PP prior to his appointment, and must remain a 6 CRooKSTOH , resident of the City during his service on the Attorneys and ^ caun"Ors ORDINANCE AMENDING THE ZONING ORDINANCE P.O.Box 427 Page -- 10 MWWJW,Idaho SW2 Talaphona BH6-W1 Commission. . Except that at least one (1) but not more than two (2) members may be appointed from residents of the City Impact Area= outside the corporate limits. Such members shall have similar residence requirements as those within the City, except that they need not have resided in the City for one (1) year and need not be a resident of the City. Members of the Commission shall be selected without respect to political affiliations -and shall serve without compensation. Members may be removed for cause by a majority vote of the Council. SECTION 8 . That Section 11-2-404 C. Commission, 2, Organization, of the Zoning Ordinance of the Revised and Compiled Ordinances of the City of Meridian is hereby repealed. SECTION 9 . That Section 11-2-404 C. Commission, 2. Organization, of the Zoning Ordinance of the Revised and Compiled Ordinances of the City of Meridian is hereby re-enacted and shall read as follows: 2. Organization: The Commission shall elect a Chairman and create and fill any other office that it may deem necessary. A Commission may establish subcommittees , citizen advisory committees, hearing examiners or neighborhood groups to advise and assist in carrying out the responsibilities. A Commission may appoint non-voting ex officio advisors as may be deemed necessary. Pursuant to Section 67-6520 , Idaho Code, the Commission may appoint hearing examiners for hearing applications for subdivision and variance permits, and requests for zoning district boundary changes which are in accordance with the plan, and conduct all other business in accordance with Idaho Code, Section 67--6520. SECTION 10. That Section 11-2-404 D. Council, 1 . Duties: - of the Zoning Ordinance of the Revised and Compiled Ordinances of the City of Meridian is hereby repealed. SECTION 11 . That Section 11-2-404 D. Council, 1 . Duties, of the Zoning Ordinance of the Revised and Compiled Ordinances of AMBROSE, the City of Meridian is hereby re-enacted and shall read as FITZGERALD d CROOKSTON follows: Attorneys and counselors ORDINANCE AMENDING THE ZONING ORDINANCE P.O.Sol(W Page - 11 Marldlsn,Idsho &W2 Tataphons We-W 1 1 . Duties: For the purpose of this Ordinance, the Council shall have the following duties: a. The Council shall hear and decide appeals where it is alleged there is an error in an order, requirement, decision, interpretation or determination made by the Administrator, Commission or Building Inspector; b. The Council creating the Commission shall provide that the area and interests within its jurisdiction are broadly represented on the Commission. C . Pursuant to Section 67-6520 , Idaho Code, the Council may appoint hearing examiners for hearing applications for subdivision and variance permits, and requests for zoning district boundary changes which are in accordance with the plan, and conduct all other business in accordance with Idaho Code, Section 67-6520 . d. The Council shall perform such other duties as set forth herein. SECTION 12. That Section 11-2--405 C. , USE AND BULK REGULATIONS, 1. and. 2 . , of the Zoning Ordinance are hereby amended to read as follows: 1 . Use: A building, structure or land shall hereafter be used or occupied, and a building or part thereof, or other structure, shall be erected, raised, moved, reconstructed, extended, enlarged or altered only as in conformity with the regulations herein specified for the district in which it is located. Exceptions to the use and bulk regulations of this Ordinance shall be only by eeftditieftal Use Variance. 2 . Bulk: All new buildings and structures shall conform to the regulations established herein for the district in which each building shall be located except as otherwise permitted in this Ordinance by ^emit _ _-_, ..__ Variance. SECTION 13 . That Section 11-2-406 B. , AVOIDANCE OF UNDUE AMBROSE, HARDSHIP, of the Zoning Ordinance of the Revised and Compiled FITZGERALD acRooxsTON Ordinances of the City of Meridian is hereby amended and shall Attom.ys and Couns.lon ORDINANCE AMENDING THE ZONING ORDINANCE P.O.Box42T Page - 12 Mwidlen,WWho aW2 TaI.Qhone6864461 .. s read as follows: I To avoid undue hardship, nothing in this Ordinance shall be f deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption of this Ordinance] April 2,^1984 and upon which actual building construction has been carried on diligently. SECTION 14 . That Section 11-2-406 C. , SINGLE NON- CONFORMING LOTS OF RECORD, of the Zoning Ordinance of the Revised and Compiled Ordinances of the City of Meridian is hereby amended and shall read as follows: In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record (see definition of lot of record) at the effective date of adoption or etmendmen of this Ordinance, April 2 1984 notwithstanding limitations imposed by other provisions of this Ordinance. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. SECTION 15 . That Section 11--2--407 B. COMPLIANCE WITH ZONING DISTRICT REGULATIONS, 2 . d. , of the Zoning Ordinance is hereby amended to read as follows: d. To have narrower or smaller rear yards, front yards, side yards, or other open spaces; and SECTION 16. That Section 11-2-407 C, OFFICIAL SCHEDULE OF DISTRICT REGULATIONS ADOPTED, of the Zoning Ordinance of the Revised and Compiled Ordinances of the City of Meridian is hereby AMBROSE, FITZGERALD amended to read as follows: SCROOKSTON Allomays and Counselors ORDINANCE AMENDING THE ZONING ORDINANCE F.O.Box427 Page - 13 Meridian,Idaho &W2 Te*phone$"4Q1 i District regulations shall be as set forth in the Zoning Schedule of Use Control, and Zoning Schedule of Bulk and Coverage Controls, and Performance Standards for District Uses of this Ordinance. The districts of the City of Meridian are divided into ferry f4} three ( 3) land use groups: Agrieultore , Residential, Commerc al and Industrial. When several combined land uses ' exist, or are proposed, the most intensive land use shall be considered as the primary activity. SECTION 17. That Section 11-2-408 B. , ZONING DISTRICTS, 1. R-4) Low Density Residential District of the Zoning Ordinance of the Revised and Compiled Ordinances of the City of Meridian is amended to read as follows: 1 . (R-4) Low Density Residential District: The purpose of the District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominately residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non-residential uses. Only Single Family Dwellin s shall be ermitted and no conditional uses shall be permitted except for Planned Residential Development and public schools. The (R-4) District allows for a maximum of four (4) dwelling units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian. SECTION 18. That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, of the Zoning Ordinance is hereby repealed. SECTION 19 . That Section 11-2--409, ZONING SCHEDULE OF USE CONTROL, of the Zoning Ordinance is hereby re-enacted and shall read as set forth in Exhibit "A" attached hereto and incorporated herein by this reference. SECTION 20. That Section 11-2-410, ZONING SCHEDULE OF BULK AMBROSE, AND COVERAGE CONTROLS, A. , of the Zoning Ordinance is hereby FITZGERALD &CROOKSTON repealed. Anomaya and CounNlo'a ORDINANCE AMENDING THE ZONING ORDINANCE P.O.Boxaz7 Page - 14 MWIdlan,Idaho e3W T6144ft na lBBi/6t SECTION 21 . , That Section 11-2-410, ZONING SCHEDULE OF BULK I AND' COVERAGE CONTROLS, A. , of the Zoning Ordinance is hereby re- enacted and shall read as set forth in Exhibit "B" attached hereto and incorporated -herein by this reference. SECTION 22. That Section 11-2-410 B. 4 . , Architectural Projections, of the Zoning Ordinance of the Revised and Compiled Ordinances of the City of Meridian is hereby amended and shall read as follows: 4. Architectural Projections: Open structures such as porches, canopies, balconies, platforms, carports, covered patiosi chimney and similar architectural projections shall be considered parts of the building to which it is attached and shall not project into the required minimum front, side or rear yard. SECTION 23 . That Section 11-2-410 D. ACCESSORY USE PROVISIONS, 1. b. (4) , of the Zoning Ordinance of the Revised and Compiled Ordinances of the City of Meridian is hereby repealed. SECTION 24 . That Section 11-2--410 D. ACCESSORY USE PROVISIONS, 1 . b. (4) , of the Zoning Ordinance of the Revised and Compiled Ordinances of the City of Meridian is hereby re-enacted and shall read as follows: (4) The use shall be considered as a Commercial Use. SECTION 25 . That Section 11-2-410 D. ACCESSORY USE PROVISIONS, 1 . b. (5) , of the Zoning Ordinance of the Revised and Compiled Ordinances of the City of Meridian are hereby repealed. SECTION 26. That Section 11-2-410 D. ACCESSORY USE AMBROSE, PROVISIONS, 1. b. (5) , of the Zoning Ordinance of the City of FITZOERALQ RCROOKSTON Meridian is hereby re-enacted and shall read as follows: AUOr M"MIA ~ Coun"oa ORDINANCE AMENDING THE ZONING ORDINANCE P.O.Box427 Page - 15 MwWtsn.ld&M 6W2 Te phgM 8004461 (5) Pay the fee of $80 . 00 . SECTION 27. That Section 11-2-410 D. ACCESSORY USE PROVISIONS, 1. b. (7) , of the Zoning Ordinance of the Revised and Compiled Ordinances is hereby repealed. SECTION 28 . That Section 11--2-410 D. ACCESSORY USE PROVISIONS, 1 . b. (7) , of the Zoning Ordinance of the Revised and Compiled Ordinances of the City of Meridian is hereby re--enacted and shall read as follows: (7) If there are no objections filed within the time for filing the same, the zoning administrators may grant the request. SECTION 29. That Section 11-2-411 D, SINGLE FAMILY (R-4, R-8, R-15) DETACHED HOUSING SQUARE FOOTAGE REQUIREMENTS, of the Zoning Ordinance of the City of Meridian is hereby repealed. SECTION 30 . That Section 11-2-411 D, SINGLE FAMILY (R-4, R-8, R--15) DETACHED HOUSING SQUARE FOOTAGE REQUIREMENTS, of the Zoning Ordinance of the Revised and Compiled Ordinances of the City of Meridian is hereby re-enacted and shall read as follows: All new single-family detached housing in Zones R--4, R-8 and R-15 shall be constructed to contain at least 1, 300 square feet of living space (garage not to be included in determining living space) unless there is dispersed among the new residential development houses of varying sizes, and the following schedule shall set the percentages and accompanying sizes that shall exist in all new residential developments , except for those containing houses, all of which will contain 1, 300 square feet or more, it being understood that the below schedule is a minimum schedule and houses of larger sizes may occupy a larger percentage than as set forth below: 1. No houses may be constructed which are less than 999 square feet; AM BROSE• a oGERALD 2• b Ten percent of the houses in a residential development may be between 1 , 000 and 1, 099 square feet; Attornaya" ~ CO1n"1 o ORDINANCE AMENDING THE ZONING ORDINANCE P.O.Box427 Page - 16 MwWlan,Maio 63642 Tal n~98884461 3. Twenty percent of the houses in a residential development may be between 1, 100 and 1, 199 square feet; 4. Forty percent of the houses in a residential development may be between 1,200 and 1,299; 5. Thirty percent of the houses in a residential development may be larger than 1, 300 square feet. All houses below the 1, 300 square foot size shall be interspersed uniformly throughout the entire development. All single-family (R-4 , R-8 , R-15) detached dwelling houses which have multi-stories shall have a minimum of eight hundred (800) square feet of living space on the ground floor. SECTION 31. That Sections 11-2-413 C. , PROVISIONS FOR UNIQUE LAND USES, 1 . Accessory Buildings and 11. Home Occupations, of the Zoning Ordinance are hereby repealed. SECTION 32 . That Section 11-2-414 D, DESIGN STANDARDS FOR OFF-STREET PARKING, 2. , Screening or Landscaping, of the Zoning Ordinance of the Revised and Compiled Ordinances of the City of Meridian is hereby repealed. SECTION 33. That Section 11-2-414 D, DESIGN STANDARDS FOR OFF-STREET PARKING, 2 . , Screening, Landscaping and Drainage, of the Zoning Ordinance of the Revised and Compiled Ordinances of the City of Meridian is hereby re-enacted and shall read as follows: 2 . Screening, Landscaping and Drainage: a. Landscaping: Landscaping shall be required for all off-street parking areas for multi-family residential, commercial, industrial and technical developments; b. Underground sprinkling systems shall be required to maintain screening, planting strips , and other AMBROSE, landscaping. FITZGERALD A CROOKSTON C. Screening: Whenever a commercial off-street parking Attwo"a rid oa,^..Iom ORDINANCE AMENDING THE ZONING ORDINANCE P.O.Box4V Page - 17 W"2 T*kH*om 80441 area is located in or adjacent to a Residential District, it shall be effectively screened on all sides which adjoin or face any property used for residential purposes by a wall, fence, or planting screen that is not less than four (4) feet in height plus a planting strip of four (4) feet minimum width or in an alternate arrangement as approved by the Commission. Suitable landscaping and ground cover shall be provided and maintained on a continuing basis within the planting strip. Planting screens or hedges shall not exceed two (2) feet in height where location is such that sight lines are necessary for vehicular movement across pedestrian ways. At least one (1) tree of not less than three (3) inch diameter size class shall be provided for every 1,500 square feet of pavement area. d. Drainage: A drainage plan designed by an architect or an engineer shall be submitted and required for all off-street parking areas and shall be approved by the City Engineer. SECTION 34 . That Section 11-2-414 E. , Schedule Of Parking Space Requirements f. (1) , of the Zoning Ordinance is hereby repealed. SECTION 35. That Section 11-2-414 E. SCHEDULE OF PARKING SPACE REQUIREMENTS, f. (1) , of the Zoning Ordinance is hereby re- enacted and shall read as follows: f. Schools (Private or Public) (1) Nursery school for One (1) space for every children, day care ten (10) children plus center, and kinder- one (1) space per staff garten member. SECTION 36. That Section 11-2--416 B, INITIATION OF ZONING AMENDMENTS, of the Zoning Ordinance is hereby repealed. AMBROSE, SECTION 37. That Section 11-2-416 B, INITIATION OF ZONING FITZGERALD &CROOKSTON AMENDMENTS, of the Zoning Ordinance is hereby re-enacted and shall Attorneys and Counselors ORDINANCE AMENDING THE ZONING ORDINANCE P'O-Box 427 Page - 18 Memlon,kkW4 W442 TeWho"0e64461 read as follows: . B ' INITIATION OF ZONING AMENDMENTS Zoning amendments to this Ordinance may be initiated in one (1). ,of the following ways: 1 . By adoption of recommendation by the Commission. 2 . By adoption of a motion by the Council; and 3 . By the filing of an application by a property owner or a person who has existing interest in property within the area proposed to be changed or affected by said amendment with the Administrator. An applicant requesting a zoning amendment of a parcel may initiate the amendment request at the same time as the development request. SECTION 38. That Section 11-2-416 C. , CONTENTS OF ZONING AMENDMENT APPLICATION, 17 . , is hereby repealed. SECTION 39. That Section 11-2-416 E . , PROCEDURES, 1 . is hereby repealed. SECTION 40. That Section 11-2-416 E. , PROCEDURES, 1 . is hereby re-enacted and shall read as follows: 1 . The Applicant shall provide the City Clerk with the names and addresses of property owners within 300 feet of the external boundaries of the land being considered, and any additional area that may be impacted by the said application, as determined by the Zoning Administrator and the applicant shall deliver a sworn notarized statement that the list of property owners are the owners of the property as shown by the records of the Ada County Assessor; one week prior to the hearing set pursuant to 11-2-416 E. 2. b. , Applicant shall post a copy of said notice of hearing of the application on the property under consideration; and after the property has been posted the applicant shall deliver to the Zoning Administrator a notarized statement that he has posted the property and the date the posting was placed. AMBROSE. SECTION 41 . That Section 11-2-416 E. , PROCEDURES, 2. of FITZGERALD &CROOKSTON the Zoning Ordinance is hereby repealed. Attorraya and Couneows ORDINANCE AMENDING THE ZONING ORDINANCE P.O.Box427 Page - 19 M wWlan.Who 33M ToW phorw W&44Et SECTION 42 ., That Section 11-2-416 E. , PROCEDURES, 2. of the Zoning, Ordinance is hereby re-enacted and shall read as follows: 2. "The Commission shall: a. Give notice of the hearing, at least fifteen (15) days prior to the hearing, by certified mail to property owners within the land being considered and to owners within three hundred (300) feet of the external boundaries of the land being considered and any additional area that may be impacted by said application as determined by the Zoning Administrator. Said notice, by certified mail, must be deposited with the United States Post Office at least fifteen (15) days prior to the hearing and said notice shall contain a vicinity map of the property, a brief statement of the nature of the application, the name and address of the applicant. When notice is required to two hundred (200) or more property owners or residents, in lieu of the mail notification, notice of the proceeding and hearing required hereby may be given by publishing the notice for two (2) consecutive weeks in the official newspaper of the City of Meridian provided that the second notice appears ten (10) days prior to the public hearing. b. Prior to recommending an application, conduct at least one (1) public hearing in which interested persons shall have an opportunity to be heard. At least fifteen (15) days prior to the hearing, notice of the time and place and a summary of the application to be discussed shall be published in the official newspaper or paper of general circulation within the City of Meridian. C. Within forty-five (45) days from the hearing, transmit its recommendation to the Council with supportive reasons . The Commission may, however, continue the matter from meeting to meeting if it finds that it does not have sufficient information to make a decision. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall insure that any approval or approval with conditions of an application shall be in accordance with the Comprehensive Plan, this Ordinance and State law. AMBROSE, d. Maintain a record of the hearing, findings made and FITZGERALD actions taken. &CROOKSTON ASlormye uW Counwlom ORDINANCE AMENDING THE ZONING ORDINANCE P.O.Box 4V Page -- 20 T9W0tW 9BB&4161 i SECTION 43. .. That Section 11-2-416 F. TRANSMITTAL TO f COUNCIL, 1. of the Zoning Ordinance is hereby repealed. SECTION 44 . That Section 11-2--416 .F. TRANSMITTAL TO COUNCIL, 1. of the Zoning Ordinance is hereby re-enacted and shall read as follows: He! aria : The Council shall conduct at least one (1) public hearTing� following the notice and requirements contained in 11-2-416 E. 2 . , and the Council having given notice as required by 11-2-416 E. 2 .a. by ordinary first call mail. SECTION 45. That Section 11-2-417, ANNEXATION AND ZONING UPON ANNEXATION, of the Zoning Ordinance is hereby repealed. SECTION 46. That Section 11--2--417, ANNEXATION AND ZONING UPON ANNEXATION, of the Zoning Ordinance is hereby re-enacted and shall read as follows: Prior to annexation of an unincorporated area, the Council shall request and receive a recommendation from the Planning and Zoning Commission on the proposed annexation and the proposed zoning for the annexed area. The Commission, the City, the applicant, and the Council shall follow the notice and hearing procedures provided in Section 11-2-416, Zoning Amendment Procedures. Provided, however, that the final decision of the Council shall not be appealable since such decision is a legislative function even though the procedure is designed to be quasi-judicial in nature and provides due process to the applicant. The application for annexation shall include a request for a zoning designation and, upon annexation, the property shall be zoned; however, procedurally, the property shall be deemed to have been annexed prior to being zoned and for appeal rights, there can be no appeal from the zoning decision if the property is not first annexed. If the annexation shall necessitate an amendment to the Comprehensive Plan, the Commission shall advise the applicant to request a Comprehensive Plan Amendment prior to further consideration of the annexation. If the Commission and Council approve an annexation request, the Commission and Council shall insure that said annexation is in accord with this Ordinance and the Comprehensive plan. AMBROM, F1MERALD An Application for annexation and zoning shall be on a form ACROOKSTDH similar to a zoning application as set forth in 11-2-416 C. At ww"and meek" ORDINANCE AMENDING THE ZONING ORDINANCE P.O.Box427 Page - 21 IAwW4m,kWMo 83M Taiaphona 888441 � Y and shall ,.include the same information and any other information deemed appropriate by the Administrator, and the application shall specifically include the payment of a fees as established by the City Council. SECTION 47. . That Section 11-2-418 B. , CONTENTS OF CONDITIONAL USE APPLICATION, of the Zoning Ordinance is hereby repealed. SECTION 48. That Section 11-2-418 B. , CONTENTS OF CONDITIONAL USE APPLICATION, of the Zoning Ordinance is hereby re- enacted and shall read as follows: An application for a conditional use permit shall be filed with the Administrator by the owner of the property for which such conditional, use is proposed. At a minimum the application shall contain the following information: (Application available from Administrator. ) 1 . Name, address and phone number of applicant. 2. Name, address and phone number of owner of subject property. 3 . Legal description of property. 4 . Proof of ownership of subject property. 5 . Description of existing use. 6 . Present use of subject property. 7. Proposed use of the subject property. 8 . The District that pertains to the subject property. 9. Thirty (30) copies of a vicinity map of a scale of one (1) inch equals three hundred (300) feet. 10. Characteristics of subject property which make a conditional use desireable. 11 . A listing of the mailing addresses of all property owners (from authentic tax records of Ada County) who AMBROSE. are within three hundred (300) feet of the external FnMERALD boundaries of the land being considered, and a list of 4CROOKSTON all owners within the area being considered for a Allomays and counaaion ORDINANCE AMENDING THE ZONING ORDINANCE P•O.Box 427 Page - 22 va idlan,Ida" OW2 T"Whone M8 401 i conditional use. I . I 12 . A • fee established by the Council. 13 . A statement that the applicant or the user of the property agrees to pay any additional sewer, water or trash fees or charges, if any, associated with the use, whether that use be residential , commercial or industrial. 14 . The application shall be verified by the applicant which shall state that he has read the contents thereof and verifies that the information contained therein is true and correct. SECTION 49 . That Section 11-2-419 B. , APPLICATION AND STANDARDS FOR VARIANCES, 22 . , of the Zoning Ordinance is hereby repealed. SECTION 50. That Section 11-2-422 A. , ZONING AND PLANNING FEES, of the Zoning Ordinance is hereby repealed. SECTION 51 . That Section I1-2--422 A. , ZONING AND PLANNING FEES, of the Zoning Ordinance is hereby re-enacted and shall read as follows: A petitioner or applicant for any of the zoning or planning matters in this Title shall pay the fees established by the City Council by resolution. No petition or application, except as hereafter provided, shall be accepted by the City unless accompanied by the required filing fee. SECTION 52 . That Section 11-2-422 E. , PAYMENT OF CITY COSTS, of the Zoning Ordinance is hereby repealed. SECTION 53 . That Section 11-2--422 E . , PAYMENT OF CITY COSTS, of the Zoning Ordinance is hereby re-enacted and shall read as follows: if all fees are not paid, the City may revoke any zoning AMBROSE, permit, conditional use permit, accessory use permit, FITZGERALD variance, occupancy permit, zoning Certificate or other grant a cRoolcsTOK of authority initially given the applicant, and in the case CAKn»lors ORDINANCE AMENDING THE ZONING ORDINANCE P.O.Box 427 Page - 23 Mwwlan,Idaho WW2 Tekwhons E!E-MEt of an annexation procedure, the City may de-annex said property. SECTION 54. That Section 11-2--424 A21, Fence Regulation, of the .'Zoning Ordinance of the City of Meridian is hereby repealed. SECTION 55. That Section 11-2-424 A2, Fence Regulation, of the Zoning Ordinance of the City of Meridian is hereby re- enacted and shall read as set forth in Exhibit "C" attached hereto and incorporated herein. SECTION 56. That Section 11-9-604 C. PRELIMINARY PLAT, 4 . c. and d. of the Subdivision and Development Ordinance are hereby repealed. SECTION 57. That Section 11-9-604 C. PRELIMINARY PLAT, 4 . c. of the Subdivision and Development Ordinance is hereby re- enacted and shall read as follows: C. The applicant shall notify all adjoining property owners of hearings as required. See 9-604 C. SECTION 58. That Sections 11-9-604 C. PRELIMINARY PLAT, 5. a. , b. , c. and d. of the Subdivision and Development Ordinance are hereby repealed. SECTION 59. That Sections 11-9-604 C. PRELIMINARY PLAT, 5. a. , b. c. and d. of the Subdivision and Development Ordinance are hereby re-enacted and shall read as follows: a. Thirty (30) copies of the preliminary plat of the proposed subdivision, drawn in accordance with the requirements hereinafter stated; each copy of the preliminary plat shall be on good quality paper, shall AMBROSE, have dimensions of not less than twenty-four (24) inches FITZGERALD by thirty-six ( 36) inches, shall be drawn to a scale &CROOKSTON suitable to insure clarity of all lines, dimensions and Atlorr"s wW ' Cotme.Ion ORDINANCE AMENDING THE ZONING ORDINANCE P.O.Box427 Page -- 24 Matdlan,klaM 83M T�Igitwne t1BB-r�Et other data, shall show the drafting date, and shall indicate thereon, by arrow, the general northerly direction; b. Thirty (30) copies of a one (1) inch equals three hundred (300) feet scale map on 8-1/2" x 11" paper indicating thereon all adjacent development and/or lots of record within three hundred (300) feet of any boundary of the proposed development, and the layout of the proposed development in bold outline; C. Thirty (30) copies of the completed and executed subdivision application form; d. Four (4) sets of conceptual engineering plans (not meant to be detailed designs) for streets, water, sewers, sidewalks and other required public improvements. Such engineering plans shall contain sufficient information and detail to enable the City Engineer to make a determination as to conformance of the proposed improvements to applicable regulations, ordinances and standards. SECTION 60 . That Section 11-9-604 C. , PRELIMINARY PLAT, 6 . m. , of the Subdivision and Development Ordinance is hereby repealed. SECTION 61 . That Section 11-9-604 C. , PRELIMINARY PLAT, 6. m. , of the Subdivision and Development Ordinance is hereby re- enacted and shall read as follows: M. Any proposed or existing utilities, including, but not limited to, storm and sanitary sewers, irrigation laterals, ditches, drainages, bridges, culverts, water mains, fire hydrants , street lights , and their respective profiles; SECTION 62. That Section 11-9-604 H. , FINAL PLAT, 1 . a. , of the Subdivision and Development Ordinance is hereby repealed. SECTION 63 . That Section 11--9-604 H. , FINAL PLAT, 1 . a. , of the Subdivision and Development Ordinance is hereby re-enacted AMSROSE, .7 FITZGERALD and shall read as follows: 6 CROOKSTON Attorneys and Cou°sWors ORDINANCE AMENDING THE ZONING ORDINANCE p.O.Box 427 Page - 25 Meridian,Idaho 63642 Telephone 666.4461 a. Thirty„ (30) folded copies of the final plat; SECTION 64 . That Section 11-9-605 I. PROTECTIVE COVENANTS, of the Subdivision and Development Ordinance is hereby repealed. SECTION 65 . That Section 11-9-605 Z. PROTECTIVE COVENANTS, of the Subdivision and Development Ordinance is hereby re-enacted and shall read as follows: I PROTECTIVE COVENANTS Protective covenants may be prepared and recorded as part of a subdivision. This is usually done to provide protection to future property owners by establishing higher standards than required under other regulations. The provisions within protective covenants are enforceable through civil action, and local government units shall not be required to enforce these provisions. The Council shall review and approve subdivision restrictive covenants prior to recording. Protective covenants may include such things as: architectural committee, minimum building floor area, mobile home provisions, allowable livestock, location of recreational vehicles , commercial and industrial activity, number of dwelling units, maintenance of open space, private utility lines, allowable signing and amendment provisions. SECTION 66. That Section 11-9-605 J. , FENCES, 6. , of the Subdivision and Development Ordinance is hereby repealed. SECTION 67. That Section 11-9-605 J. , FENCES, 6. , of the Subdivision and Development Ordinance is hereby re-enacted and shall read as follows: 6. Fences may be erected in all residential and limited office districts subject to the following: a. Solid or closed--vision fences to a height of AMBROSE. thirty-six (36) inches , or open-vision type fences to FITZGERALD a height of forty-eight (4 8) inches may be built from &CROOKSTON the front of the dwelling unit to and including the Anomoys and Ca+ns+tors ORDINANCE AMENDING THE ZONING ORDINANCE P.O.Box427 Page - 26 Mwidlen,Idaho 63042 Ta4aphono 8884461 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, inc the necessary pumps, i in , valves, pressure equipment, and all other equipment necessary, and which well depth and ca acit are det rmined by the =t or 2) the subdivider epos its:c _gives , and grants sufficient funds with the City to purchase all necessary equipment to 2ut'the well on line with TheCity water system. In man subdivisions the latter option my be j2referable to the City so that the City may combine funds to drill and equip one large well to service several subdivisions rather than have several smaller wells of less capacity! SECTION 74 . That Section 11--9-615 A. Subdivision Fees, 1 . , of the Subdivision and Development Ordinance of the City of Meridian is hereby repealed. SECTION 75. That Sections 11-9-615 A. Subdivision Fees, 1 . , of the Subdivision and Development Ordinance of the City of Meridian is hereby re-enacted and shall read as follows: A petitioner or applicant for one of the following subdivision approval or application matters shall pay the fees set forth below when filing an application or requesting a permit before the Meridian Planning and Zoning Commission and/or the City Council of Meridian. No petition or application, except as hereafter provided, shall be accepted by the City unless accompanied by the required filing fee. The fees required for the various types of petitions and applications shall be as follows: SECTION 76 . That Section 11-9-617 A2, Fence Regulation, of the Subdivision and Development Ordinance is hereby repealed. SECTION 77. That Section I1-9-617 A2, Fence Regulation, of the Subdivision and Development Ordinance is hereby re--enacted and shall read as set forth in Exhibit "D" attached hereto and AMBROSE, incorporated herein. FITZGERALD ACROOKSTON SECTION 78 . EFFECTIVE DATE: This Ordinance shall take Attomeye and °oanaalom ORDINANCE AMENDING THE ZONING ORDINANCE P.O.Box427 Page - 30 MwW[an,Idaho 831W Talaphona 688-4181 i adopted by this reference as authorized by law. Three (3) copies of Boise' s Lighting Ordinance shall he maintained and on file in the office of the City Clerk, City of Meridian. b. That in the event the above street lighting requirements are waived in the case of an R-4 single-family dwelling development or subdivision, the developer and lot owner shall be responsible for ensuring that there is a yard light installed in the front year of each house in said development; that the yard light shall be controlled by a photo-electric cell which causes the yard light to come on and shut off automatically and said yard light shall be electrically wired directly to the residence' s electrical breaker panel and comply with the National Electrical Code. C. Every subdivider shall show on his development plan where each street light is to be placed in the subdivision. Section 73 . That Section 11-9-606 B. , IMPROVEMENTS, PUBLIC, 14 . , of the Subdivision and Development Ordinance is hereby amended and shall read as follows: 14 . Pressurized Irrigation System - In each subdivision the subdivider shall provide by underground tile, or other like satisfactory underground conduit, pressurized irrigation water to each and every lot within the subdivision; the pressurized irrigation system shall be constructed and installed at the same time as the domestic water lines, but shall not necessarily be in the same trenches; there shall be no cross-connections between the domestic water lines and the irrigation water lines that do not comply with Section 4-143 of the Revised and Compiled Ordinances of the City of Meridian; the City Engineer is hereby authorized and directed to establish rules and regulations and standards for pressurized irrigation systems and that all pressurized irrigation systems shall comply with those standards , rules and regulations. Provided, however, that the requirements of this subsection may be waived upon proof that any particular lot, parcel or piece of land does AMBROSE, not have water rights in an existing irrigation FITZGERALD district. &CROOKSTON Allomaye and CounneWs ORDINANCE AMENDING THE ZONING ORDINANCE P.O.Box427 Page - 29 Marldlan,Idaho &W2 Tslaphone 8554461 i subdivided shall be covered and enclosed with tiling or other equivalent covering which has the same ability to I detour access to said ditch, lateral or canal, or an part of said lands or areas being- subdivided which abut either or both sides of said ditchl lateral or canal. The CEty may wa ve this requirement for covering such ditch, lateral or canal of it finds that the 2ublic ur ose re uiran such will not be served in the individual case. Any coverin ro ram involving' the distribution system of any irrigation district shall have the rior approval of that affected irra anon distract. No subdivision plat shall be approved where o the subdivisin is arbitrarily or artificially laid out to avoid ein adjacent to an _waterway, irrigation ditch, lateral or canal to which it would otherwise be naturally ad acent or which it would otherwise naturall include. Section 70 . That Section 11-9-606 A. , RESPONSIBILITY FOR PLANS, of the Subdivision and Development Ordinance is hereby repealed. SECTION 71 . That Section 11-9-606 A. , RESPONSIBILITY FOR PLANS, of the Subdivision and Development Ordinance is hereby re- enacted and shall read as follows: A. RESPONSIBILITY FOR PLANS It shall be the responsibility and liability of every subdivider, and the owner of the land being subdivided, to construct and install every improvement shown on the plat of the subdivision or represented to be included in the subdivision at any presentation before the Planning and Zoning Commission or the City Council and this responsibility and liability shall run with the land and this responsibility and liability shall be shown on the plat of the subdivision. Section 72 . That Section 11-9-606 B. , IMPROVEMENTS, PUBLIC, 13. , Street Lighting, of the Subdivision and Development Ordinance is hereby amended and shall read as follows: AMBROSE, 13 . Street Lighting FITZGERALD &CRooKSTON a. The City of Boise' s Lighting Ordinance is hereby Attorneys wW Counsews ORDINANCE AMENDING THE ZONING ORDINANCE P.O.Box427 Page - 28 Martdlan,maW 83"2 Tehphone ON-4481 i effect ,and be in force and effect from and after its passage, approval and publication as required by law. PASSED by the City Council and Approved by the Mayor of the City 'of Meridian, Ada County, Idaho, this day of October, 1991 . APPROVED: MAYOR, GRANT P. KINGSFORD ATTEST: CITY CLERK, JACK NIEMANN AMBROSE, FITZGERALD A CROOKSTON Attorn"s and Counselors ORDINANCE AMENDING THE ZONING ORDINANCE P.O.Box427 Page - 31 MNWI&n,Idaho OW2 Telephona9BSJ481 2-409 ZONING SCHEDULE OF USE CONTROL LAND USES DISTRICTS 2-409 A Residential g,4 M RJ,5 RAQ j.Q _Q_N _ $^� f'a 11 TF j M Apartment Houses C C C C Boarding or Lodging Houses C C C C Child Care Centers C C C C C C C C - C Family Child Care Home P-A C C C C C C P-A Group Child Care Home C C C C C C C C Home Occupations P-A C C P-A Libraries C C C P Mobile Home Parks and Subdivisions C C C Multi-Family Dwellings P P C C Planned Unit Development - General Planned Residential C C C C C C C C Planned Residential Development (PD) C C C C C Single-Family Dwelling P P P P P Three-Family Dwelling C P P C Two-Family Dwelling Duplex P P P i P = Permitted Use C = Conditional Use P-A Permitted as Accessory Use 389 EXHIBIT "A" 2--409 ZONING SCHEDULE OF USE CONTROL LAND USES PI=CTS 2-409 B Commercial B3 $.$ Rzl� R-AQ 1r-4 C-N C±Q EK f,:Sr QT IE I M Accounting Services C P P P C P C Administrative Services C P P P C P C h Automobile Repair Shop C P Automobile Service Stations C C C P C Automobile Washing Facilities C P C P P P Bakery Stores C P P C P C Banks and other Financial P C P C P C Bars, Alcoholic Establishments C C C C C C Broadcasting, Radio and T.V. C P C C C C C Bus and Rail Stations C P C tQ Cemeteries C C Child Care Center C C C C C C C C C Churches C C P P C P Clinics (Medical, Dental & Optical) C C C P P P C P C Clubs & Lodges C C C C C C C Construction Bldgs., Temp. C C C C C C C C C C C C P = Permitted Use C = Conditional Use r ' 389 2-409 ZONING SCHEDULE OF USE CONTROL LAND USES DIRJ2= 2-409 B Commercial E M EMU E40 Ida fl-N f E f1fa 4T TE i M (continued) Convenience Stores C C P P C C C Department Stores P C P C Drive-In Theaters, Drive-In Establishments C C C C C C C C C C C Dry Cleaning C C P C P P Entertainment Centers, Indoor C C C P C P C Entertainment Centers, Outdoor C C C C C P C C Family Child Care Home P-A C C C P-A Garages, Public C C C C C P P Greenhouse, Nurseries C C C P C P C Group Child Care Home C C C C C C C C Home Occupations P-A C C C Hospitals C C C C C Hotels C P C P C Laboratories (Medical, Dental, Optical) P C C P P = Permitted Use C = Conditional Use P-A = Permitted as Accessory Use 389 2--409 ZONING SCHEDULE OF USE CONTROL r LAND USES DISTRICTS 2-409 B Commercial B4 M R-U Ra.4 ir_Q fl-H Q& RICK' Tz I M (continued) Laundries, Commercial P C P Laundromats, Self-Service C C C P P P C Libraries and Museums P P P P P P P Mortuaries P P P C Motels C = P C Nursing Homes & Sanitariums C C C Nurseries & Day Care Centers C C C C C C C C C Planned Commercial Development C C P P C P C I Planned Unit Development - General C C C C C C C C Professional & Sales Offices C C P C P C P C Public Parking Lots C C C C P C P P P Public & Quasi-Public Uses C C C P C C C C Public Service Facilities PDR PDR PDR PDR PDR PDR PDR PDR PDR PDR PDR Publishing & Printing Facilities (small) P P C P C P P P = Permitted Uses C = Conditional Uses DR = Design Review 389 r 2-409 ZONING SCHEDULE OF USE CONTROL LAND,JJSES j?ISTRICTS 2-409 C Commercial 8 &$ &u RAQ Id2 fcE fe-C = 1�'a -QT TF I M (continued) Radio & T.V. C C C C C C C C Regional Shopping Center C Restaurants C C C P C P C P P Retail Stores C P C P C C C. Retirement Homes C P C C Research Facilities C C C P P Sales Lots (Auto, Rec, & Agric., Etc.) C C C School - Private, Nursery C C C C C C C C C C C 41 School - Public P P P P C C C P i P = Permitted Uses C = Conditional Uses ses 2-409 ZONING SCHEDULE OF USE CONTROL } �J 1 { USES DISTRICTS 2-409 C Commercial R4 B d Rid RAU IdZ C-N f=Q RSQ QT TFe I Y (continued) Shopping Centers, Community P C Shopping Centers, Neighborhood C C C C P C Shopping Centers, Regional P Storage Facilities, Indoors P Storage Facilities, Outdoors C C C P P P Service Stations C C C P C C P Truck Stops P P Technical School - (With Curricula Related to the Principal Uses) C P Veterinary Clinics & Hospitals C P P P Wholesale Facilities C P P P a N f I P = Permitted Uses C = Conditional Uses 389 "f 2-409 ZONING SCHEDULE OF USE CONTROL LAM) USES DISTRICTS R-4 R-8 R-15 R-40 L-0 C-N C-C RSC C-G OT TE I M 2-409 C- INDUSTRIAL Apparel Manufacturing P Asphalt & Concrete P P Automobile Wrecking Yard & Storage C Bakery Products C P C P Bottling & Packaging C' P Bulk Storage (Flammable Liquids or Gases) C Cabinets, Doors, Toys & Other Secondary Wood Products C P Carpet & Dry Cleaning C P Contractors Yard C P Electrical Supplies & Appliances C P Electronic Equipment & Products C P Equipment - Heavy, Farm, Etc. "' (Sales & Repair) � C P p Fabricated Metal Products Except Foundry operations P Feed, Seed & Fertilizer Store C P Film Laboratories P Fuel Yards C Industrial Research P Instruments P 1 Junk Yard C Leather Products (Except Tanning) C C Lumber Yards C C P Machine Shop C P P Mobile Home Manufacturing P Motor Vehicle Repair C C P Molded Plastic Products P P = Permitted Use C = Conditional Use 389 A A 4 2--409 ZONING SCHEDULE OF USE CONTROL LAND USES DISTRICTS 2-409 C Industrial (Continued) R-4 R-8 R-15 R-40 L-0 C-N C-C RSC C-G OT TE I M Office Machines C P Photographic Equipment C P Planned Unit Development-General C C C C C C C C Planned Unit Development- Industrial P Printing and Publishing C P P Processing Plants C Public Utility Yards P Railroad Yards& Shops C P Recycling Plants P Small Machinery & Component Parts P Solid Waste Transfer Stations P Warehousing& Wholesaling C P (Ord. 499, 11-1-88; amended Ord. 499, 1-17-89) I P = Permitted Use C = Conditional Use r , 2-410 ZONING SCHEDULE OF BULK AND COVERAGE CONTROLS 2-410 A urmum Yard Setback Requiirenwaft arum _ Maximum WimUlm Mffvmurn Interior Street Lot Cov. Build. Street District Lot Area Front Rear Side Side (in %) Height Frontage R-4 8.000 sq.tt. 30' (1) 25' (1) Per D.U. 20' (2) 15'( 7) 5" 20' (2) 35, 70" R-8 6.000 sq_fL (3) 30, 0) 25' (1) W. 4.250 sq_ft. (4) 20' (2) 15' (7) 5.' 20' (2) 35' 50, Per D.U. R-15 2,400 sq.tL 20' 15' (7) 5' * 20' * 40' 'W' Per D.U_ R-40 20, 15- (7) 0 20' 40' p, L-0 7,000 sq.tt 30' (1) 25' (1) y 20' (2) 20' 5" 20' (2) 50% M. S0' C-N 4-8 Acres 15' 25' 10, 10, 70% 35, N.A_ C-C 8-30 Acres 25' 0 0 0 70% 40' NA. C-G 15' 0 0 0 70% Q. RSC 75 + Acres 70' 0 0 W. 70% 40' OT See District Regulation for Corresponding Use Proposed TE 80 (6) Acres 35, 20' 20' 30' 60% 0 NA- I--L 35' 0 0 30' 70% 40' M 20 Acres 60' 15' 10' 39, 10% 80' NA. (1) Arterial and Collector Streets (4) Two-Family Dwellings (2) Local Streets (5") Per Story (3) Single-Family Dwellings (6) A Smaller Minimum Lot May be Requested and Granted Street Frontage Determined on Cuf-De-Sac if Deemed Feasible (Ord. 456, 9-3-85; amd. Ord. 470, Lots at Setback Line 10-66. Ord 490, 10-20-87; Ord 524, 4,3-90) 490 (7) On corner Lots in Residential Districts , the rear set back may be determined on a side of a structure, at the option of the builder. EXIIIBIT "B" Fence Regulation A-424 A} CITY OF MERIDIAN g INSIDE LOT Property Line 728 Meridian Street888-4433 b' Solid or Open Fence Behind Set Back it I� i Property , �, , III Line 1 Property 1 Line- 3' Solid Fence 20' Setback a or 4' Open �� �,r 4 ' ground Type Fence S�t�e area In Front of Setback Leave Open Access to Water Meters, Fence Regulation Fire Hydrant, CORNERLOT Power Tr:-azsformers etc fi' Wood, Solid or Open Fence i Property Line li I i � 'Il' ~• \ 20' Setback � \ 3' Wood or Solid Fence 3' Wood or Solid Fence 30' or 4' Open Fence or 4' Open Fence \ 30' '' - 3 S Site Triangle � 3 Chain Link 4 ' x 4 ' ground rea or Open Fence Leave 9 dpen Accest to Water Meters., Fire Hydrant EXHTSIT "C" Power Transformers , etc L 9-617 A2 CITY OF MERIDIAN Fence Regulation 728 Meridian Street INSIDE LOT Property Line 888-4433 i 6' Solid or Open Fence Behind Set Back • I I I i �I Property Line IE��1 'i Property Line-� � Ali 9 i ti � 3' Solid Fence ,�� 20' Setback o 41 x 4 ' ground or 4' Open �� teeti area Type Fence St In Front of Setback \ Leave Open Access to Water deters, Fence Regulation Fire Hydrant , Power Transformers, etc: CORNERLOT / 6' Wood, Solid or Open Fence Property Line it PI 20' Setback � \ 0 3' Wood or Solid Fence -3' Wood or Solid Fence or 4' Open Fence or 4' Open Fence 30' 309 \ S�teet Site Triangle 3' Chain Link or Open Fence ' x 4 ' group ar --4 6- Leave open Accest to Water Meters, Fire Hydrant, EXHIBIT "D" Power Transformers, etc.