HomeMy WebLinkAboutWardle Assoc. ZA 02-002Interoffice
Memorandum
To: William G. Berg, Jr.
From: Wm. F. Nichols
RECEIVED
JAN 2 3 2003
City Of Meridian
Date: January 23, 2003 City Clerk Office
RE: ZA 02-002 AMENDMENT TO ZONING ORDINANCE TITLE 11 CHATPER 9
SECTIONS 1 AND 2 D / WARDLE & ASSOCIATES
Please find attached the original ordinance for Wardle & Associates, Case No. ZA-02-
002, per City Council action at their meeting held on January 14, 2003, pertaining to the
amendments to the Zoning Ordinance, Title 11 Chapter 9 Sections 1 and 2 D. Additionally, I
have attached a Summary Ordinance, and cover letter, for publication in the newspaper.
If you have any questions, please advise.
Z:\WorktillVNeridianU-teridian I5360M\ZA-02-002 Amendment to 11.9-2\Berg Memo 01 23 03.doc
CITY OF MERIDIAN
ORDINANCE NO.03-
BY:
AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING SECTION 1 ZONING
SCHEDULE OF BULK AND COVERAGE CONTROLS AND SECTION 2 D.
SUPPLEMENTAL YARD AND HEIGHT REGULATIONS OF CHAPTER 9 OF TITLE
11 PROVIDING FOR THE ADDITION AND/OR DELETION OF LANGUAGE
PERTAINING TO THE ARCHITECTURAL ENCROACHMENT TO SETBACKS IN
RESIDENTLAL DEVELOPMENTS OF THE MERIDIAN CITY CODE; PROVIDING
FOR CONFLICTS TO BE REPEALED, RESCINDED AND ANNULLED; PROVIDING
VALIDITY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF
MERIDIAN, COUNTY OF ADA, STATE OF IDAHO:
SECTION 1: That Section 1 of Chapter 9 of Title 11 ZONING SCHEDULE OF BULK AND
COVERAGE CONTROLS, be, and the same is hereby amended by adding and/or deleting
language pertaining to the architectural encroachment to setbacks in residential developments,
and the same shall read as follows:
Amend Zoning Ordinance Title 11 Chapter 9 Sections 1 and 2 D
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SECTION 2. That Section 2 Subsection D. of Chapter 9 of Title 11, SUPPLEMENTAL YARD AND
HEIGHT REGULATIONS, be, and the same is hereby amended by adding and/or deleting language
pertaining to the architectural encroachment to setbacks in residential developments, and the same shall read
as follows:
I1-9-2: SUPPLEMENTAL YARD AND HEIGHT REGULATIONS: In addition to all yard regulations
specified in the Z oning S chedule of Bulk and Coverage Controls and in other sections of this Title, the
following provisions shall be adhered to:
A. Visibility At Intersections: On a corner lot in any district, nothing shall be erected, placed, planted or
allowed to grow in such a manner as to materially impede vision. (See figure in Section 11-20-2 of
this Title for illustration.)
B. Yard Requirements For Multi-Family Dwellings: Multi-family dwellings shall be considered as one
building for the purpose of determining front, side and rear yard requirements. The entire group as a
unit shall require one front, one rear and two (2) side yards as specified for dwellings in the
appropriate district.
C. Requirements For Nonresidential Uses Abutting Residential Districts: Screening and/or other buffer
requirements, as stipulated by the Commission or Council, shall be provided. Said screening at a
height of six feet (6'), maintained in good condition and free of all advertising or other signs; for
screening required for parking areas, see subsection 11-13-4B ofthis Title. (Ord. 430, 4-2-1984)
D: Architectural Projections: ~ ~ ,
Carports shall be considered part of
the building to which it is attached and shall not project into the required minimum front, side or rear
yard. (Ord. 557, 10-1-1991) Exceptions to this section are:
1. The followin¢ encroachments shall be permitted in any yard:
a. Open structures such as porches, canopies, balconies, platfonns, covered patios, cornices,
eaves or other proiections, which do not increase the volume of space enclosed by the
buildine and do not proiect into anv required vard more than two feet (2').
b. Chimneys, pop-out windows and other proiections which do not increase the usable floor
area and do not exceed eight feet (8') in width, ma~proiect up to two feet (2') into anv
required yard. In addition, this exception shall include, but is not be limited to, direct
vent ag s fireplaces, entertainment centers and window seats.
2. The following encroachments shall be permitted in any rear yard:
a. Unroofed balconv in rear yard, provided that such balcony shall proiect no more than
four feet (4') into such vard.
3. The following encroachments shall be permitted in the front vard of R-4, R-8 and R-15 zones:
Amend Zoning Ordinance Title 11 Chapter 9 Sections 1 and 2 D
a. A residence that utilizes a side entry~arase may have a 15 foot (15') front yazd setback,
provided that the distance measured along the inside edge of the driveway from the
property line to the garage is not less than 20 feet (20'). Side entry sazases located less
than twenty feet (20') from the property line shall include at least one window, no less
than six (6) sauaze feet in size, facing the street.
b. A 15 foot (15') front yard setback mawpermitted for a residence provided that it is
designed with living space floor area that proiects any distance in front of the area
pronosed for parkins. The 15 foot (15') setback apnlies to the proiected livin sg nace;
required pazkins shall be setback 20 feet (20') from the sazase face to the front lot line.
c. Permitted encroachments into the front vazd, as defined in 11-9-2.D.l.a and 11-9-2.D.l.b,
shall be allowed in addition to the 15 foot (15' front yard setback.
E. Exceptions To Height Regulations: The height limitations contained in the zoning schedule of bulls
and coverage controls do not apply to spires, belfries, cupolas, pole antennas, water tanks, public
utility power poles, ventilators, chimneys or other appurtenances usually required to be placed above
the level and not intended for human occupancy except where height of such structures will
constitute a hazard to the safe landing and take-off of aircraft at an established airport. (Ord. 430, 4-
2-1984)
SECTION 4. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed,
rescinded and annulled.
SECTION 5: VALIDITY: The Meridian City Council hereby declares that any section, pazagraph,
sentence or word of this Ordinance as adopted and amended herein be declared for any reason to be invalid
it is the intent of the Meridian City Council that it would have passed all other portions of this Ordinance
independent of the elimination here from of any portion as may be declazed invalid.
SECTION 6: SAVINGS CLAUSE: This Ordinance does not affect an action or proceeding commenced
or right accrued before this Ordinance takes effect.
SECTION 7: DATE OF EFFECT: This Ordinance shall be in full force and effect after its passage,
approval and publication, according to law.
PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of
2003.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of
2003.
Mayor Robert D. Come
Amend Zoning Ordinance Title 11 Chapter 9 Sections 1 and 2 D
Attest:
City Clerk
First Reading:
Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902
Yes: No:
Second Reading:
Third Reading:
STATE OF IDAHO,)
County of Ada.
ss.
On this day of , 2003, before me, the undersigned, a Notary
Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR.,
known to me to be the Mayor and City Clerk of the CTI'Y of Meridian, Idaho, and who executed the within
instrument, and acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
(SEAL)
NOTARY PUBLIC FOR IDAHO
RESIDING AT:
MY COMMISSION EXPIItES:
Z:\WOrkVvlVvleddianVNeridian 15360M\ZA-02-002 Amendment [c l 1-9-2\ZA Ord ll-9d AND 2.doc
Amend Zoning Ordinance Title 11 Chapter 9 Sections 1 and 2 D
WHITE PETERSON
WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A.
KHVw E.Dwnls Pxae A. PeTERSOx
IULn1KLEaJ FISCHE0. EwcA S. PxaLO's
W m. F. Gmuv, 0~ 8wc S. ROSSMAN
T.Gw FIALL.am* TODD A. R09SM.1N
D. SAmOeLloxxsan~ DAVm M. SwARnw
WaLWasA MOweow PA~.E+awS. TAaww
Wauv.+F. N~cxoLS* TEaaexcE R. WxrrE**
CxusTOexEa S. NVE N~cxoL.aS L. WOLLEx
ATTORNEYS AT LAW
CANYON PARK AT THE IDAHO CENTER
5700 EAST FRANKLRJ ROAD, SOITE 200
NAMPA, IDAHO 83687-8402
NAMPA OFFICE
5700 E. FRANKLPI RD.,
SURE 200
NAMPA, IDAHO 8 3 65 3-8402
TEL. (209)466-9272
FAX (208) 46fi-4405
*Alao admitted in OR
** Also admitted in WA
William G. Berg, Jr.
City of Meridian
33 E. Idaho
Meridian, Idaho 83642
TEL (208) 466-9272
Fnx (209) 466-0405
January 23, 2003
PLEASE REPLY TO
NAMPA OFFICE
RECEIVED
JAN 2 3 2003
City Of Meridian
City Clerk Office
Re: Ordinance No. 03-~ (Zoning Amendment to Title 11 Chapter 9 Sections 1
and 2 D) Summary of Publication
Dear Will:
Pursuant to the direction of the Meridian City Council, this office has prepared a
summarization of the ordinance providing for the zoning amendment to Title 11 Chapter 9 Sections
1 and 2 D of the Meridian City Code, pursuant to the City's action. I do hereby advise the City, and
make this statement, that said summary is true and complete and provides adequate notice to the
public of the provisions of said ordinance.
You are hereby directed to file this statement with the ordmance, pursuant to the
provisions of Idaho Code § 50-901(A).
Very truly yours,
Wm. F. Nichols
Enclosure
Z:\WorkN~I4~IoridianN4eridian 15360M\ZA-02-002 Amendment to 11-9-21Berg Sum Ord LTR Ol 23 03.doc
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO LC. § 50-901(A)
CITY OF MERIDIAN ORDINANCE N0.03-_
PROVIDING FOR AN ANNEXATION AND ZONING ORDINANCE
An Ordinance of the City of Meridian amending section 1 Zoning Schedule of Bulk and Coverage Controls
and section 2 D Supplemental Yazd and Height Regulations of Title I 1 Chapter 9 providing for the addition
and/or deleting of language pertaining to the architectural encroachment to setbacks in residential
developments; and providing for effect of invalidity; providing that all ordinances and resolutions in
conflict are repealed and rescinded; and providing an effective date.
1. Meridian City Code Section 11-9-1 and 11-9-2 D are amended. The amendments include
elimination of the additional side yazd setbacks For multi-story homes; reduction of front yazd setback for
side entry garages in accord with MCC 11-9-2D3; providing for exceptions for architectural projections
which do not encroach more than two (2) feet into a setback; allowing for a fifteen (15) foot front yazd
setback in R-4, R-8 and R-15 zones where there aze side entry garages or living space which extends past
the area for pazking.
A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East
Idaho, Meridian, Idaho. This ordinance shall become effective on the day of
.2003.
City of Meridian
Mayor and City Council
By: William G. Berg, Jr., City Clerk
First Reading:
Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902:
YES NO
Second Reading:
Third Reading:
Z:\Work\M\Meridian\[vleridian t5360M1ZA-02-002 Amendment to 11-9-2\SUM ORD.doc