HomeMy WebLinkAboutZoning Definitions 11-2-2
WHITE PETERSON
KEviN E. DINIUS
JUI.lEKLEINFISCHER
WM.F.GIGRAY,ln
T. GUY HAU.AM'
D._UELJOHNSON
WILLIAM A. MOEROW
WILLIAM F. NICHO""
CHRISTOPHERS. NYE
WHITE, PETERSON, MORROW, GIGRAY, RoSSMAN, NYE & RoSSMAN, P.A.
:~~~A.P~~I:ON AITORNEYSATLAW NAMPAOFFICE
5700 E. FRANKLIN RD..
ERlcs. RosSMAN Sum200
TODD A. ROSSMAN NAMPA, IDAHO 83687-8402
~~~.S;.:o": TEL. (208) 466-9272
TERRENCER. WHITE'" FAX (208) 466-4405
NICHOLAS L. WOLLEN
'AI", ,dmitied in OR
" Also admitted in
WA
February 6, 2003
RECEIVED
FEB - 6 2003
William G. Berg, Jr., City Clerk
Meridian City Hall
33 East Idaho St.
Meridian, Idaho 83642
City Of Meridian
City Clerk Office
Re:
Amendment to Zoning Ordinance Title 11 Chapter 2 Section 2 Ordinance
Dear Will:
Attached you will find the ordinance pertaining to the above Ordinance for the
City of Meridian. Please place this ordinance upon one of the upcoming City Council
regular agendas for approval and passage.
Additionally, I have attached the Summary Ordinance and cover letter on this
matter.
If you have any questions or need anything further with regard to this ordinance,
please advise.
Very truly yours,
Wm. F. Nichols
Z:\WorklMlMeridianlMeridian I 5360MlOrdinances City H,UI200J OrdlBergAmendmenttoZoningOrdTitieIICb,pter2Sectin2
Ordiannce 02 06 OJ.doc
CITY OF MERIDIAN
ORDINANCE NO. 03--
BY:
AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING SECTION 2 OF
CHAPTER 2 OF TITLE 11 OF THE MERIDIAN CITY CODE BY THE
ADDITION AND/OR DELETION OF LANGUAGE DEFINING CERTAIN
TERMS IN THE ZONING REGULATIONS ORDINANCE; 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 2 of Chapter 2 of Title 11, be, and the same is hereby
amended by adding and/or deleting language pertaining to the definitions of terms in the
zoning regulations ordinance, and the same shall read as follows:
11-2-2:
DEFINITIONS:
Accessory Use or Structure: A use or structure on the same lot with, and
of a nature customarily incidental and subordinate to, the principal use or
structure. An accessory use or structure does not alter the essential
characteristics of the principal permitted use and does not include a
building which is defmed herein as a "dwelling unit".
Administrator: A designated member of the City staff who is appointed by
the Mayor, and is confirmed by the Council, to administer this ÛTdinance.
Aesthetic: Those qualities of a development or natural feature which
contribute to a pleasant environment.
AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 1
Agriculture: The use of land for fanning, dairying, pasturage, agriculture,
horticulture, floriculture, viticulture, animal and poultry husbandry and the
necessary accessory uses for packing, treating or storing the produce,
provided, however, that:
A. The operation of any such accessory uses shall be secondary to that
of normal agricultural activities; and
B. The above uses shall not include the feeding or sheltering of
animals or poultry in penned enclosures within one hundred feet
(100') of any residential zoning district. Agriculture does not
include the operation or maintenance of a commercial stockyard or
feed yard where large numbers oflivestock are fed concentrated
feeds, particularly for the purpose of fattening for market.
Alley: A public or private way with an improved driving surface of not
less than sixteen feet (16') nor more than twenty feet (20') wide and with a
platted width not wider than necessary to accommodate said driving
surface, drainage, utilities, fencing and appurtenant facilities, affording
only secondary means of access to abutting property at the back or side of
a property.
Allowed Uses: Same as the definition of permitted use.
Amenity: Attractive, pleasant or agreeable qualities associated with the
design of a development or buildings and equipment.
Apartment: A room or suite of rooms in a multiple family Structure which
is arranged, designed or used as a single housekeeping unit and has
complete and permanently installed kitchen and bathroom facilities,
Apartment House: Any building, or portion thereof, which is designed,
built, rented, leased, let or hired out to be occupied as the home or
residence of three (3) or more families living independently of each other
and doing their own cooking in said building.
Apparel Manufacturing: A facilitv involved in the manufacturing of
articles of clothing.
Appeal: A request for a rehearing or reconsideration or a request to a
higher authority for a change of the decision on the application, usually
because said application has been denied or approved with the conditions
by the Administrator, Commission or Council. This ÛTdinance sets forth
the procedure which must be following in the filing of an appeal. A time
element i s stated, and t he applicant must take action within this period.
AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 2
An appeal must also be filed on appropriate forms which have been
adopted pursuant to this Ordinance.
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, conditional 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 be
limited to, zoning amendments, conditional use permits, variances,
preliminary development plans or plats, final development plans or plats,
appeals, certificates of zoning compliance, certificates of occupancy and
annexation.
Architect: A person who is qualified by reason of his knowledge or
mathematics, the arts, the physical sciences and the principles of
architecture acquired by professional education and experience, to engage
in the practice of architecture, Idaho Code section 54-301.
Area Requirements: The designation given to the specific requirements set
forth in a zone or district by the zoning ordinance text. Area requirements
refer to the numerical standards established for a lot and building coverage
in a particular district.
Areawide Waste Treatment Management Plan (208 Plan): Section 208 of
the Federal Water Pollution Control Act Amendments of 1972 calls for a
rational program for cleaner water by 1983. The 208 Plan, known as the
"1977 Ada/Canyon Areawide Waste Treatment Management Plan,"
requires the development of water quality solutions by state and local
levels of government.
Automotive Repair: The repair, rebuilding or reconditioning of motor
vehicles or parts thereof, including collision service, painting and steam
cleaning ofvehicles.
Automobile Washing Facility: A business prirnarilv devoted to the
washing. waxing. vacuuming and detailing of motor vehicles bv either the
owner of the vehicle or emDlovees of the facilitv.
Automobile Wrecking Yard: Premises on which two (2) or more currently
non-licensed motor vehicles or two (2) or more motor vehicles not in
operating condition are standing more than thirty (30) days and are
dismantled or stored. "Motor vehicles" includes also mobile homes,
AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 3
trailers or trucks.
defInition.
Fully enclosed buildings are exempt from this
Babysitting: The act of caring for children for consideration while the
parents or usual guardians are absent. If it is performed in the child's own
home or all the children are brothers and sisters of each other, this
definition shall not be restricted as to the number of children. If it is
performed in the babysitter's home for children who are not all brothers
and sisters, this defmition of babysitting shall be restricted to three (3)
children, not any of which are related as brothers or sisters. Babysitting is
further defined as being performed on a sporadic basis and not on an every
weekday basis. It is not to be confused with daycare or the definition of a
"childcare facility".
Bakerv Store: A place where products such as bread. cake and pastries are
made and sold.
Banks and Other Financial Establishments: A business establishment
where money is kept for savings or commercial purposes or is invested.
supplied for loans or exchanged. (Excluding vehicle title loan institutions)
Bars, Alcoholic Establishments (Tavern): A building where alcoholic
beverages are sold for consumption on the premises. not including
restaurants where the principal business is serving food.
Basement: A portion of a building all or partly underground but having at
least one-half( 2) ofi ts height below the average level 0 fthe adjoining
ground.
Block: A group of lots, tracts or parcels within well-defined boundaries,
usually streets.
Boarding or Lodging House: A building (other than a hotel, motel or
restaurant) where meals and/or lodging are provided for compensation to
three (3) or more persons who are not members of the householder's
family.
Bottling and Packaging: Bottling and packaging of food and/or drink for
off-site consumption and sale.
Broadcasting, Radio and T.V.: An establishment dedicated to the
transmission of radio or television progranuning for public or general use.
Buffer Strip or Zone: An area established to protect one type of land use
from possible undesirable characteristics of another, as between industrial
AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 4
and residential zones. The more intensive utilization of land to provide
screening from that of the less intensive.
Building: Any structure securely fixed to the land, and which is designed
or intended for the shelter, enclosure or protection of persons, animals,
chattels or property of any kind.
Building, Accessory: A subordinate building detached from, but located
on the same lot as the principal building, the use of which is incidental and
accessory to that of the main building or use. (For illustration, see 2-424
Al in the appendix of this ordinance.)
Building, Existing: A building erected prior to the effective date of this
ÛTdinance or one for which a legal building permit has been issued as of
the effective date of this Ordinance's initial adoption on April2, 1984.
Building, Height: The vertical distance measured from the average
elevation of the proposed finished grade at the front of the building to the
highest point of the roof for flat roofs, to the deck line of mansard roofs,
and the top of building walls for gable, hip and gambrel roofs.
Building, Non-Conforming: Any building which does not conform to the
requirements of this Ordinance.
Building, Principal: A building in which is conducted the main or
principal use of the lot on which said building is situated. Every dwelling
in any "R" District is a principal building. (For illustration, see 2-424 Al
in the appendix of this Ordinance.)
Building Setback Line: An imaginary line established by this Ordinance
that requires all buildings to be set back from lot lines. (For illustration,
see 2-424 Al in the appendix of this Ordinance.)
Building Site: An area proposed or provided and improved by grading,
filling, excavation or other means for erecting pads for buildings.
Bulk: A term used to describe the size and relationships of buildings and
other structures, spaces, streets and parking and overall land area.
Bus and Rail Station: A facilitv located along a bus or rail route that
provides a stop for the loading and unloading ofpassengers.
Carport: A covered shelter for no more than three (3) automobiles open on
two (2) or more sides.
AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 5
Cemetery: Land used or intended to be used for the burial of the human or
animal dead and dedicated for 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 changed, the purpose
for which the building 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 has been
issued.
Childcare Facility: Any home, structure, or place where nonmedical care,
protection, or supervision is regularly provided to children under fourteen
(14) years 0 fage, for periods less than twenty-four (24) hours per day,
while the parents or guardiaus are not on the premises. There are three (3)
types of child care facilities:
A. Family Childcare Home: A childcare facility which provides care
for five (5) or fewer children throughout the day.
B. Group Childcare Home: A childcare facility which provides care
for six (6) to twelve (12) children throughout the day.
C. Childcare Center: A childcare facility which provides care for
more than twelve (12) children throughout the day.
It should be noted that, in determining the type of child care facility that is
being operated, the total number of children cared for during the day and
not the number of children at the facility at anyone time is determinative.
Churches: A building or Dart of a building primarilv used for conducting
religious services.
City: The City of Meridian, which has jurisdiction over the land under
consideration in this Ordinance.
Clinic (Medical, Dental, Optical): A building (other than a hospital) used
by one or more health care practitioners for the purpose of care, diagnosis
or treatment of sick, ailing, infirm, or injured patients, or those who are in
need of medical and surgical attention, but which building does not
provide board, room or regular hospital care and services.
AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 6
Club or Lodge: A building or portion thereof on premises owned or
operated by a non-profit organized association of persons for a social,
literary, political, educational, recreational or similar purpose primarily for
the exclusive use of enrolled members and their guests, but not including
any organization, group or association, the principal activity of which is to
render a service usually and ordinarily carried on as a business.
Cluster Development (Residential): Units which are concentrated in one
area and surrounded by common open space.
Cluster Development (Industrial and Commercial): Units which are
concentrated in one area, and served by common parking roads and
utilities.
Commercial Use or Business: The purchase, sale or other transaction
involving the handling or disposition of any article, substance or
commodity, 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. The purchase, sale or
other transactions involving the handling or disposition of any article,
substance or commodity, or the dispensing ofservices 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.
Commission: The Planning and Zoning Commission which is appointed
by the Mayor and confirmed by the Council.
Committee or Special Commission: A group of citizens as appointed by
the Mayor of the City of Meridian and confirmed by the Council, or
appointed by Planning and Zoning to implement the policies of the
Comprehensive Plan or to assist with technical evaluation of subdivisions,
development or special plans and to make recommendations to the
Commission and Council.
Community Shopping Center (Commercial): A shopping center, the size
of which generally falls between neighborhood and regional shopping
centers. Generally 100,000-400,000 square feet of gross floor space on a
site of eight (8) to thirty (30) acres.
Comprehensive Plan: The Comprehensive Plan which has been officially
adopted by the City of Meridian, Idaho.
Conditional Use: Same as "special use". A utilization of land having
characteristics such that it may be allowed in a particular zoning district
AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 7
only after review by the commission and council, and granting of approval
imposing conditions deemed necessary to make the proposed use
compatible with other uses in the area.
Conditional Use Permit: (Same as special use permit.) Permit issued to
allow a conditional use.
Condominium: A system of individual fee ownership of units in a multi-
unit structure which is usually combined with joint ownership of common
areas of the structure and land.
Construction Buildings, Temporary: Any structure of a temporary nature
containing an on site construction management office for an active
construction proiect. Construction buildings mav not be used as
temporary living Quarters.
Contiguous: Two (2) parcels of land which, at some point, have a common
border.
Contractor Yard: Any parcel of land used for storage, maintenance or
processing incidental to the business of building, hauling, excavation,
demolition or similar activity and including any parcel of land used for the
incidental repair of machinery used for any of the above listed activities.
Convalescent or Nursing Home, Rest Home: 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.
Convenience Centers: A commercial development offering goods at retail
and personal services to a limited area in population.
CanvooiGBGe Stare .\ stare affering gaeàs, inelüàffig gaBalinG, fer sale at
retail. The effGring fer sale ef serviees ar gaeàB J3e11aimHg Ie the re¡¡air er
servieing of veflieJes shall Bat be il'lelaàeà within this àefinitiÐn of
conyenienee stereo See àefillÎtion efSefvfee StatiÐn. (Offi. 196,9 é 88)
Convenience Store: A small retail store that is open long hours that
tvPicallv sells staple groceries. snacks and fuel.
Council: The elected, legislative and governing body of the City of
Meridian, Idaho.
AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 8
Court: A space which is open and unobstructed to the sky, on a lot, and
bounded on three (3) or more sides by building walls or fences.
Covenant: A written promise or plan.
Culvert: A drain that channels water under a bridge, street, road or
driveway.
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.
Dedication: The setting apart 0 fland or interests in land for use by the
public by ordinance, resolution or entry in the official minutes as by the
recording of a plat. Dedicated land becomes public land upon the
acceptance by the City.
Degradation: To scale-down the desirability or stability of an area's
physical environment.
Density: A unit of measurement which specifies the number of dwelling
units per acre ofland.
A.
Gross Density: The number 0 f dwelling u nits per acre 0 f
total land to be developed, including public right-of-way.
B.
Net Density: The number of dwelling units per acre of land
when the acreage involved excludes public and private
right-of-way for streets and roads.
Department Stores: A large retail store offering a varietv of merchandise
and services in separate departments.
Developed Area: That portion of development which contains all
structures, roads and site improvements. Common open space shall be
deemed to be part of the developed area.
Development Plan (preliminary and Final Development Plans): All plats,
plans and/or submissions by a subdivider or developer in whole or in part
describing a development and considered by the Commission and Council.
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. The letter "R" shall represent
the residential districts, with the number following the letter "R"
AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 9
representing the maximum allowable dwelling units per acre. The letter
"C" shall represent the commercial districts. The letter "I" shall represent
the industrial district. The letters "L-O" shall represent the limited office
district.
Domestic Livestock: Cattle, dairy animals, sheep, goats and other grazing
animals as would be found on a normal farm livestock operation.
Down-Zoning: An action by an entity authorized to adjust zoning
regulations which results in the lowering of the' zoning classification of a
given tract, tracts or area to a lesser land use; for example, an adjustment
from commercial to residential land use.
Drive-In Establishment: An establishment (other than a service station or
truck stop) which is designed to accommodate the motor vehicles and
patrons in such manner as to permit the occupants of such vehicles, while
remaining therein, to make a purchase or to receive services.
Dry Cleaning: Facility for cleaning clothes and other fabrics bv chemical
processes.
Dry Line Sewer: Sewer lines which have been installed as per City
specifications before connections to a municipal wastewater treatment
facility become a reality.
Dwelling Unit: Any building or portion thereof which meets adopted
building codes and is used as a residence or living quarters of one or more
persons.
Dwelling, Single-Family: A dwelling consisting of a single dwelling unit
only, separated from other dwelling units by open space.
Dwelling, Two-Family (Duplex): A dwelling designed to be used by two
(2) families consisting of two (2) dwelling units which may be either
attached side by side or one above the other.
Dwelling, Three-Family (Triplex): A dwelling consisting of three (3)
attached dwelling units.
Dwelling, Multi-Family: A dwelling consisting of four (4) or more
attached dwelling units.
Easement: A permanent or temporary limited right of use of land for
specific purposes.
AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 10
Electrical Supplies & Appliance Manufacturing: A facilitv that
manufactures electrical supplies and appliances.
Engineer and Professional Engineer: A person who is qualified by reason
of his knowledge of mathematics, the physical sciences, and the principles
of engineering acquired by professional education and practical
experience, to engage in the practice of professional engineering. See
Idaho Code sections 54-1202(a) and (b).
Entertainment Facilities (Commercial): 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
alleys, and similar entertainment activities.
Equipment. HeaVY Farm. etc. (Sales & Repair): Establishments primarilv
engaged in the sale or rental of tools. trucks. tractors. construction
equipment. agricultural implements and similar industrial equipment.
Included in this use type is the incidental storage. maintenance. and
servicing of such equipment.
Exclusive Zoning: This is a term applied to a district on the zoning map in
which only one type of land use is permitted, There may be several
variations of the type of land use, but only one category is allowed.
Illustrative of this is where an area has been designated as an industrial
district and the ordinance text then sets forth the permitted uses and
requirements therefor. The text of an exclusive ordinance will indicate
that only industrial development will be allowed in this zone. With the
exception of conditional uses, all other uses such as residential and
commercial will be prohibited.
Family: A person living alone or two (2) or more persons living together
as a single housekeeping group in a dwelling unit as distinguished from a
group occupying a boarding house, lodging house, motel or hotel.
Feed. Seed and Fertilizer Store: An establishment engaged in retail and
wholesale sales of supplies (feed. seed and fertilizer) directlv related to
dav to dav agricultural activities.
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 sight
through the fence by more than twenty percent (20%).
Floodplain: The relatively flat area or low land adjoining the channel of a
river, stream, lake or other body of water which has been or may be
AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 11
covered by water of a flood of one hundred (100) year frequency. The
floodplain includes the channel, floodway and floodway fiinge, as
established per the engineering practices as specified by the Army Corps
of Engineers.
Floor Area, Net: That portion of the gross floor area of the building
occupied by the listed use or uses and shall include hallways, storage and
packing space, dressing or rest rooms and laboratory or work rooms.
However, that floor space within the building reserved for parking or
loading of vehicles and basement space used only for building
maintenance and utilities shall be excluded.
Fuel Yards: A facilitv that stores mass Quantities of liquefied petroleum
products for wholesale purposes.
Funeral Home/Mortuarv: A facilitv in which deceased human bodies are
kept and prepared for burial or cremation.
Garage, Private: An enclosed accessory building or an accessory portion
of the main building designed and used for indoor parking or storage of
vehicles or boats owned and operated by the occupant of the main
dwelling. An unattached garage is considered to be an accessory building.
Garage, Public: A building or portion thereof (except a private garage)
used or designed to be used for the storage of motor vehicles.
Glare: To shine with a harsh, uncomfortably bright light.
Governing Body: The Meridian City Council.
Grade: The elevation of the finished surface of the ground adjacent to the
midpoint of any exterior wall of a building or structure.
Grade, Established: The curb line grade at the lot lines as approved by the
Ada County Highway District Engineer or appropriate agency.
Habitat: The character of the natural environment needed to support native
plant and animal life.
Hardship: An unusual situation on the part of an individual property owner
which will not permit him to enjoy the full utilization of his property as is
enjoyed by others in the community. A hardship can exist only when it is
not self-created.
Health Authority: Central District Health Department or Idaho State
Health and Welfare Department.
AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 12
Highway: 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.
Home Occupation, Urban and Rural: Any gainful operation, profession or
craft, which is customarily incidental to or carried on in a dwelling place,
and wherein the use is clearly incidental and secondary to the use of the
structure for dwelling purposes.
Hospital: An institution devoted primarily to the maintenance and
operation of facilities for the medical or surgical care of patients for
twenty-four (24) hours or more. The term "hospital" does not include
convalescent, nursing or boarding homes, or any institution operating
solely for the treatment of mentally ill persons, drug addicts, liquor addicts
or other types of cases necessitating forcible confinement of patients.
Hotel: A building containing six (6) or more bedrooms where overnight
lodging without individual cooking facilities is offered to the public for
compensation, and is primarily for the accommodation of transient guests.
A motel shall not be deemed to be a hotel.
Impact Area: That area duly negotiated and adopted pursuant to Idaho
Code section 67-6526 by the City of Meridian and Ada County, State of
Idaho, by means of a separate ordinance. That area shall be governed by
the Ordinances of the City of Meridian pertaining to zoning and
development.
Improvement: Any alteration to the land or 0 ther physical constructions
associated with building site developments.
Industrial: The manufacture, processing and testing of goods and
materials, including the production of power. It does not refer to the
growing of agricultural crops, or the raising of livestock, or the extraction
or severance of raw materials from the land being classified, but it does
include activities incidental thereto.
Industrial-Light: Manufacturing and wholesale establishments which are
clean. quiet. and free of hazardous or objectionable elements. such as
noise. odor. dust. smoke. or glare and that are operated entirelv within
enclosed structures.
Industrial Research: Research. development and testing laboratories that
do not involve the mass manufacture. fabrication. processing. or sale of
AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 13
products. Such uses shall not violate any odor. dust. smoke. gas. noise.
radiation. vibration or similar pollution standard.
Ingress and Egress: Entrance and exit.
Institution: Building and land designed to aid individuals in need of
mental, therapeutic, rehabilitative counseling or other correctional
services.
Junkyard: An outdoor space where waste, discarded, or salvaged materials
are bought, sold, exchanged, baled, packed, disassembled, stored or
handled. Junk yard also includes house wrecking and structural steel
materials and equipment, but does not include such places where such uses
are conducted entirely within a completely enclosed building such as pawn
shops and establishments for the sale, purchase or storage of used furniture
and household equipment or for used cars in operable condition, or
salvaged materials which are incidental to manufacturing operations.
Kennel: Any lot or premises on which three (3) or more dogs and/or cats
and other household domestic animals more than six (6) months of age are
housed, groomed, bred, boarded, trained, sold or cared for.
Laboratories (Medical. Dental & Optical): A room or building eQuipped
for scientific experimentation. research or testing.
Land Use: A term used to indicate the utilization of any piece of land
whether it be lot, plat, tract or acreage. Land use is an indication of the
existing development within a community and becomes the basis to
formulate district boundaries.
Land Use Plan: The Meridian Comprehensive Plan.
Laundries. Commercial: An establishment for laundering clothes or linen.
excluding dry cleaning.
Laundromat: A commercial establishment eQuipped with washing
machines and drvers. usuallv coin operated and self-service. excluding dry
cleaning.
Library: A building, or part of a building. in which literarv and artistic
materials. such as books. newspapers and tapes are kept for reading.
reference or lending.
Loading and Unloading Space, 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 or trailers.
AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 14
Lot: A parcel of land created by subdivision which is of sufficient size to
meet minimum zoning requirements for use, coverage and area and to
provide such yards and other open spaces as are herein required. A lot
shall have frontage on an approved public street or an approved private
street and may consist of: 1) a single lot; 2) a portion of a lot; and 3) a
combination of complete lots, or of portions of lots.
Lot Area: The area of any lot shall be determined exclusive of streets,
highways, alleys, roads, rights-of-ways, irrigation easements and land
which is used for the conveyance of irrigation water, drainage water, creek
or river flows.
Lot, Comer: A lot abutting upon two (2) or more streets at their
intersection or upon two (2) parts of the same street, such streets or parts
of the same street forming an interior angle of less than one hundred
thirty-five degrees (135E). The point of intersection of the street lines is
the "comer".
Lot Coverage: The area of a zoning lot which is occupied by the principal
building, buildings or accessory buildings and the horizontally projected
area of the lot. The ratio is expressed as a percentage.
Lot, Depth: The mean horizontal distance between the front and the rear
lot lines. Where the lot is irregular and the lot lines converge, the rear lot
line shall be deemed to be a line at a point where the side lot lines are not
less than ten feet (10') apart. (For illustration, see 2-424 Al in the
Appendix of this Ordinance.)
Lot, Double Frontage: A lot with frontage on two (2) streets.
Lot, Flag: A lot in the shape of a flag on a pole or similar design. A flag
lot shall have a minimum frontage of thirty feet (30') on a public street and
structure placed on a flag lot shall have the house facing the street
frontage.
Lot, Frontage: The distance across the lot along the street right-of-way
line.
Lot, Interior: A lot with only one (1) frontage on a street.
Lot Lines: Property lines bounding the lot.
Lot Line, Front: The I ine separating the lot from the principal street on
which it fronts.
AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 15
Lot Line, Rear: The lot line opposite and most distant from the front lot
line or conforming to lot depth.
Lot Line, Side: Any lot line other than a front or rear lot line. A side lot
line separating a lot from a street is also called a side street or flanking
street lot line. A side lot line separating a lot from another lot or lots is
also called an interior side lot line.
Lot of Record: A lot which is part of a subdivision recorded in the Office
of the County Recorder; or a lot or parcel described by metes and bounds,
the description of which has been so recorded.
Lot, Through: A lot other than a comer lot having frontage on two (2)
parallel or approximately parallel streets. On a through lot, both street
lines shall be deemed front lot lines.
Lumber Yard: An area used for the storage. distribution and sale of
finished or rough cut lumber and lumber products. but. not including the
manufacture or fabrication of lumber. lumber products and fire wood.
Machine Shop: A facility that cuts. shapes or fabricates metal products by
machine.
Major Subdivision: All subdivisions not able to qualify as a minor
subdivision (defined below).
Manufactured Buildings: A fabricated, transportable building (other than a
mobile home) designed to be incorporated at a building site into a
structure to be used for residential, commercial, industrial or agricultural
purposes and which has attached to the building a valid insignia which
states that the manufactured building is built in accordance with the
Uniform Building Code and applicable laws, rules and regulations.
Buildings to be used for residential purposes shall also include in the
insignia that such building is in compliance with HUD Minimum Property
Standards for such construction.
Manufactured Home Communitv: Any site. lot. tract. plot or parcel of
land. designed for the placement of ten (J 0) or more manufactured homes.
located and maintained for dwelling purposes on a permanent basis on
individual lots. pads. or spaces: whether those lots. pads. or spaces be
individuallvowned, leased or rented.
Manufactured Home Park: Any area.. tract. plot or parcel of land.
developed and designed for placement of mobile homes located and
maintained for dwelling purposes on a permanent or semi-permanent
basis.
AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 16
Manufacturing: The mechanical or chemical transformation of materials
or substances into new products. including the assemblv of component
parts. the manufacturing of products and the blending ofmaterials.
Manufacturing, Extractive: Any mining, quarrying, excavating,
processing, storing, separating, cleaning or marketing of any mineral
natural resource.
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 stores
within enclosed structures, and which generate little industrial traffic and
no nuisances.
Manufacturing Facility. Manufactured Homes: The construction of anv
single familv structure that is manufactured under the authoritv of 42
USC. Section 5401. the National Manufactured Home & Safetv Standards
Act.
Marquee: A permanent roofed structure attached to and supported by the
building and projecting over public property.
Meatpacking (Commercial): A facility which includes the canning, curing,
smoking, salting, packing and freezing of meat products, or a facility in
which meat products are processed for sale to the retail trade and where
the inspection of meat, meat by-products and meat food products are
maintained.
Minor Subdivision: Any subdivision containing not more than four (4) lots
fronting on an existing or proposed street, or the extension of municipal
facilities, or the creation of any public improvements, and not adversely
affecting the remainder of the parcel or adjoining property and not in
conflict with any provision or portion of the comprehensive plan, zoning
map, zoning ordinance or other ordinances.
Mobile Home: A structure transportable in one or more sections which has
attached to the structure a valid insignia which states that the mobile home
AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 17
is in compliance with Federal Mobile Home Construction and Safety
Standards (HOD).
Meàile Heme Park A reoiaeHtial area willeR Hwel':es lanà HÐ.der single
evmerohip with lets rooted fer the leeatieR ef mobile flames ana Jre'.-isieB
ef faeilities ana serviees Ie teBants by managemeBt.
Mobile Home Subdivision: A subdivision designed and intended for
exclusive mobile home residential use.
Molded Plastic Products: A business devoted to the fabrication of molded
plastic products.
Monument: Any permanent marker (either concrete, galvanized iron pipe
or iron or steel rods) used to identify any tract, parcel, lot or street lines, as
specified in Idaho Code section 50-1303.
Motel: A building, or group of buildings on the same premises (whether
detached or in connected rows), containing sleeping or dwelling units
independently accessible ftom the outside, or central hallway, with garage
space or parking space located on the premises, and designed for, or
occupied by, travelers. The term includes, but is not limited to, any
buildings or building groups designated as auto courts, motor lodges,
tourist courts or by any other title or sign intended to identify them as
providing lodging to motorists.
Meter Vehiele R8J3air, Majer EagiHe reàüilæHg er majar reeeflætieHÌflg
efwem er damaged meter yehieles, er trailers, eellisieH serviee, iHeædÌflg
bedy, frame er fORèer otraigl¡lemag er r8J3air, ana av6fall Jai!ltiHg ef
vehieles '.v-itIJ.iH aR ÐHelesea büilæag.
Meter VemBle R8J3a-ir, Miner mBideHtal Fe Jairs, Fe JlaeemeHt of Jarts and
meter serviee te meter vemeles, but Het iRelüèÌflg ¡my e JeratieB lHltier
"Meter 'lelÜele R8J3air, Majer".
Motor Vehicle Bodv Shop: Anv building or Dortion thereof used for the
repair or straightening of a motor vehicle body or ftame or painting of
motor vehicles. Maintenance, service, and engine repair mav be
Derformed as an ancillary function of the body work.
Motor Vehicle Repair: The business of repairing. overhauling, removing,
adjusting, replacing. assembling or disassembling Darts of anv motor
vehicle (Excluding ftame straightening, bodv work and painting).
Municipal Wastewater Collection and Treatment System: Meridian City
facilities for the central collection and treatment of domestic wastewater
AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 18
within the Meridian Urban Service Planning Area, and provides for the
removal of polluting constituents from wastewater including reduction of
biological oxygen demand, suspended solids, fecal coliform, and provides
for disinfection of any discharged water.
Museum: A building. place or institution devoted to the acquisition.
conservatiorL studv. and exhibition of objects having scientific. historical.
or artistic value.
Neighborhood Convenience Center (Commercial): A shopping center
having a pproximately thirty thousand (30,000) to two hundred thousand
(200,000) square feet of gross floor space and on a site of approximately
four (4) to eight (8) acres of land. It would provide for the sale of
convenience goods (food, drugs and sundries) and personal neighborhood
services for the day-to-day living of the immediate neighborhood within
which it is located.
Non-Conforming Use: The use of land or a use of a structure or building
which is not in conformance with the conditions or requirements of this
Ordinance.
Nursery or Greenhouse for Flowers and Plants (Commercial): Land,
building structure or combination thereof for the storage, cultivation and
transplanting oflive trees, shrubs or plants offered for sale on the premises
including products used for gardening or landscaping.
Nursing Home: A private establishment that provides living quarters and
care for the elderly or the chronicallv ill.
Open Space: An area substantially open to the sky which may be on the
same lot with a building. The area may include (along with the natural
environmental features) water areas, swimming pools, tennis courts and
any other recreational facilities. Streets, parking areas, structures for
habitation, buildings, covered structures and the like shall not be included.
Open Space (Common): Any private open space intended for use by
occupants of a development. The space may include, but is not limited to,
recreation areas, landscaped plazas, fountains, sitting areas, natural areas
and is meant to provide an open atmosphere. Common private open space
does not include parking areas, vacant or undeveloped lots, or any other
space which does not contribute to the aesthetic quality of the
development.
Open Space (Public): Land in public ownership or control which includes,
but is not limited to, parks, recreation areas, water bodies, historical sites,
public utility easements, scenic routes, floodplains, slide areas, areas too
AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 19
steep for safe construction, wildlife refuges, natural areas, forests, fisheries
and watersheds.
Original Parcel of Land: A lot or tract as recorded on any plat or record on
file in the office of the County Recorder or any unplatted contiguous
parcel of land held in one ownership and of record at the effective date of
this Ordinance, April2, 1984.
Owner: The person or entity having the ownership of record in the
property.
Ownership: The individual, firm, association, syndicate, partnership or
corporation who has title of property.
Parking Area or Lot (Private): An open, hard-surfaced area (other than a
street or public way) designed, arranged and made available for private
passenger automobiles of occupants of the building or buildings for which
the parking area is developed.
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 or commercial vehicles and
available to the public whether for compensation, free, or as an
accommodation to clients or customers.
Parking Space, Off-Street: For the purpose of this Ordinance, an off-street
parking space shall consist of an area adequate for parking an automobile
with dimensions conforming to the requirements of this Ordinance.
Parks, Public and Private: Any area that is predominately open space, used
principally for active or passive recreation, and not used for a profit-
making purpose.
Party Wall: A wall adjoining and parallel to the lot line which is used
primarily by the party upon whose lot the wall is located. Party walls may
share common foundations.
Performance or Design Standards: Standards which are often applied to
industrial, residential and commercial districts and place limits on such
things as noise, dust, glare, smoke, vibration, radioactivity and odors; any
proposed use which cannot meet these standards is not to be allowed, and
once a use has been permitted, it must maintain its ability to meet the
standards or else have its certificate of occupancy revoked.
Performance or Surety Bond: A fmancial guarantee by a subdivider or
developer deposited and filed with the City in the amount of the estimated
AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 20
construction cost guaranteeing the completion of physical improvements
according to plans and specifications within the time prescribed by the
agreement by the developer. The bond involves an amount of money or
other negotiable security which is paid by the subdivider or developer to
the City Clerk and Recorder. The bond also guarantees that the subdivider
or developer will perform all actions required by the governing body
regarding an approved plat or plan, and provides that if the subdivider or
developer defaults and fails to comply with the provisions of an approved
plat or plan, the subdivider, developer or his surety will pay damages up to
the limit of the bond, or the surety will itself complete the requirements of
the approved plat or plan.
Permitted Use: The utilization of land which shall be permitted to take
place in a zoning district as a use by right, subject only to the standards
established for the particular district and to any applicable overlay district.
Planned Development (PD): An area of land which is developed as a
single entity for a number of uses in combination with or exclusive of
other supportive uses. A PD may be entirely residential, industrial,
commercial or a mixture of compatible uses. A PD does not necessarily
correspond to lot size, bulk, density, lot coverage required, open space or
type of residential, commercial or industrial uses as established in anyone
or more created districts of this Ordinance.
Planned Commercial Development (PD-C): Any development in which
the principal use ofland is for commercial purposes.
Planned General Development (PD-G): A development not otherwise
distinguished under Planned Commercial, Industrial, Residential
Developments, or in which the proposed use of interior and exterior spaces
requires unusual design flexibility to achieve a completely logical and
complementary conjunction of uses and functions. This PD classification
applies to essential public services, public or private recreation facilities,
institutional uses, community facilities or a PD which includes a mix of
residential, commercial or industrial uses.
Planned Industrial Development (PD-I): Any developments in which the
principal use of the land area is for industrial purposes or accessory uses
customarily r elating to industrial uses with the balance of such areas, if
any, being intended for commercial uses as reasonably relates to the
support or convenience of the intended industrial uses or their occupants.
Planned Residential Development (PD-R): Any development which is
predominantly residential including those accessory purposes customarily
relating to residential uses with the balance of such area, if any, being
AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 21
intended for such uses as reasonably relate to the support or convenience
of the residential uses of other occupants.
Poultry Slaughterhouse and/or Poultry Packing Plat (Commercial): All
establishments maintained for the slaughtering of poultry or preparing or
processing of poultry products for human consumption in any form and
wherein said products are so prepared for sale to the retail outlets.
Processing Plant: A facilitv for the conversion of raw material into usable
products or parts.
Professional Offices: Structures where those engaged in a profession
conduct their business and activity.
Public Notices: The notice given by the City of Meridian or the applicant,
which is required, which provides notice to the public and area residents
around the area being considered that an application has been filed and
that the city will be holding a hearing at a time certain and date certain and
whereby the public and property owners will have and opportunity to
submit their views and ideas and evidence as to the proposed development
or zoning.
Public Service Facility: Buildings, power plants or substations, water
storage tanks or reservoirs, public garages or storage areas, water
treatment plants or pumping stations, sewage disposal or pumping plants,
and other similar public service structures owned and/or operated by a
public utility, railroad (whether publicly or privately owned), or a
municipal or other governmental agency.
Public Uses: Public parks, schools, administrative and cultural buildings,
and structures, but not including public land or buildings devoted solely to
the storage and maintenance of equipment and materials and public
service facilities. Also public-owned buildings, fIre and police stations,
libraries, post offices and public utility administration buildings.
Public Utility: Any person, entity or municipal department that is duly
authorized to furnish to the public under regulation such as, but not limited
to, electricity, gas, steam, telephone, transportation or water.
Public Utility Facility. Major: A large facilitv reQuired for the operation
of a utility controlled bv the Idaho Public Utilities Commission including
electrical substations. major water storage reservoirs. etc.
Public Utility Facility. Minor: A small facility reQuired for the operation
of a utilitv controlled bv the Idaho Public Utilities Commission including
minor wells. pump houses. etc.
AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 22
Publishing and Printing Facilities (Small): An establishment where
printed material is produced and/or published.
Qtiaai Paàlie Use Clmfclles, 81:1fltiay seheels, par-eehial sehoels,
ReGj3itals, ¡¡e&yaleS¡¡iJRt er Fetiremlmt ReFlIes, ¡¡alleges !Ifill ether facilities
of aR eElti¡¡atieRaI, religieas, eharitable, philaRt1H'(¡pi¡¡ er ReR pFefit Ramre.
Ouasi-Public: A use that is essentiallv a public use. although under
private ownership or control.
Railroad Yards & Shops: An area for storing and switching of freight and
passenger rolling stock. including the reD air of rail equipment
Recvcling Plants: A building and/or site in which recvclable materials
such as newspapers. glassware and metal cans are collected. stored.
flattened. crushed or bundled prior to shipment to others who will use the
materials to manufacture new products.
Regional Shopping Center (Commercial): The largest of shopping centers
which is all-inclusive and self-sufficient with at least two (2) large
department stores as the major tenants and generally serves a population
of approximately 150,000 or more. It is a center having over 750,000
square feet of gross floor space and located on a site greater than seventy-
five (75) acres.
Repair: The reconstruction, renewal or maintenance of real or personal
property.
Research Activities: Research, development and testing related to such
fields as chemical, pharmaceutical, medical, electrical, transportation,
planning and engineering.
Reserve Strip: A strip of land between a partial street and adjacent
property which is reserved or held in public ownership for future street
extension or widening.
Resta_t .~ laHà, bH-ilàiRg er part thereef ((¡ther thaR a beaFdiRg
hease) '",<here meals are pFeviàeà fer 6(¡lRplmsat4eH.
Restaurant: Anv building or part thereof in which the principal use is the
preparation of food and beverages for consumption on site. or for Carry
out.
Retail Store: A store that sells goods or commodities in small Quantities
directlv to consumers.
AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 23
Right-of-Way: A strip of land dedicated or reserved for use as a public
way which normally includes streets, sidewalks and other public utilities
or service areas. In addition to the roadway, it incorporates the curbs,
special features required by the topography or treatment such as grade
separation, landscaped areas, viaducts and bridges.
Roadside Stand: A temporary or mobile structure designed or used for the
display or sale of products or services.
Sales Lots (Auto. Recreational. Agricultural. Etc.): An improved open
area other than the street used for the displav. sale or rental of new or used
automobiles. mobile homes. recreational vehicles or farm implements. but
not including repair work other than minor cosmetic repairs.
Sanitarium: A health station or retreat or any place where resident patients
are kept and which specializes in giving clinical, temporary and
emergency services of a medical or surgical nature to patients and injured
persons and general medical practice as distinguished ITom treatment of
mental and nervous disorders (not excluding surgical and post-surgical
treatment of mental patients) and as licensed by the Idaho State
Department of Health as sanitariums.
Seheel (Kil!èergartoo, Elemel!tar)', Intermeæate er High) An inotitutieR
of leanllRg (either pl%àlie er priyately sHI'PBrteà) 'lAlleh effeFS ÏHiJtrnetien
iR the seYefIIl brill!6fles Be leamiag awl study reqaireà te be taught ÏH the
pl%àlie seheels 13)' the State ef MMe. High seheBI ifl6æàes janier ailE!
seBier high.
School: An institution of learning for minors. whether public or private.
which offers instruction in those courses of studv required bv the State
Board of Education to a grOUP of children. This defInition includes
nurserv school. kindergarten. elementary school. iunior high school. senior
high school. charter school but it does not include a vocational or
professional institution or anv institution of higher education. including a
college or universitv.
School. Private Commercial: A school. regardless whether it is operated
for profit. primarily devoted to instruction in selected subiects such as
dance. music. drama. art. languages. martial arts training. etc.
School. Trade or Vocational: An institution or facility conducting
instruction in the technical or trade skills such as business. secretarial
training. medical-dental technician training. beauticians. barbers.
electronics. automotive technician training. etc.
AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 24
Screening: (See buffer, strip or zone.)
Seat: The place at, 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.
£erv4ee S.atien Bililcliflgs aBà premises where gaseline, eil, g¡-ease,
batteries, tires ancl meter vehiele aeeesseries may ee sUflpliecl aBà
cliSfJ6f!secl at Fetail ancl where miner meter Fopair ancl ser-;iees may l3e
F8llàer-ecl. Uses pemlisoiele at a serviee atatiell cle Bet iBelllcle ffia:jer eeày
,verI., straightening ef eecly parts, painting, welàing, sterage ef
a-a-temeèiles net in epeFating eenàitiell, er ether ';;erk ilT';elving Reise,
glare, fames er smeke.
Service Station: Premises where gasoline, motor oils. lubricants and
grease for the operation of motor vehicles are retailed directlv to the public
on the premises and including tires. accessories. services and minor motor
vehicle repairs.
Setback Line: A line established by this ÛTdinance, generally parallel with
and measured from the lot line, defining the limits of a yard in which no
building may be located above ground except as may be provided in said
code (See 2-424 AI).
Sidewalk: That portion of the road right-of-way outside the roadway
which is improved for the use of pedestrian traffic.
Sign: A sign is any structure or natural object, such as a tree, rock, bush,
the ground itself or part thereof, or device attached thereto or painted or
represented thereon, which shall be used to attract attention to any object,
product, place, activity, person, institution, organization or business or
which shall display or include any letter, word, model, banner, flag,
pennant, insignia device or representation used as, or which is in the
nature of an announcement, direction or advertisement. For the purpose of
this definition, the word "sign" does not include the flag, pennant or
insignia ofany nation, state, city 0 r other political unit or any political,
educational, charitable, philanthropic, civic, professional, religious or like
campaign, drive, movement or event.
Sign, On-Premises: Any sign related to a business or profession conducted
or to a commodity or service sold or offered upon the premises where such
sign is located.
AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 25
Sign, Off-Premises: Any sign unrelated to a business or profession
conducted or to a commodity or service sold or offered upon the premises
where such sign is located.
Site Planning: The location of buildings and activities within a physical
environment. A site plan includes shapes and location of buildings and
structure, circulation and parking layouts, landscaping features and
numerous other design factors that relate to the improvement of a parcel of
land.
Slaughterhouse and Meatpacking (Commercial): A facility which includes
a slaughtering, meat canning, curing, smoking, salting, packing, rendering
or fieezing of meat products or a facility in which meat products are so
processed for sale to the public and where the inspection of meat, meat by-
products and meat food products are maintained.
Solid Waste Transfer Station: A place or facility where non-hazardous
solid waste materials are taken fiom a collection vehicle or a private partv.
temporarilv stored & ultimatelv placed in a transportation unit for
movement to a landfill.
Stable, Private: A detached accessory structure for the keeping of one (1)
or more horses, mules or cows owned and used by occupant of the
premises and not for remuneration, hire or sale.
Stable, Riding: A structure used or designed for the boarding or care of
riding horses.
Standard Specifications: The specifications as specified in this Ordinance
and as officially adopted by the City.
State: The State ofIdaho.
Stockyard or Feedlot (Commercial): An enclosure where fowls or animals
are kept in a restricted area and where less than ten percent (10%) of the
feed for such poultry or livestock is produced by the owner on his
immediate, owned farm or leased property.
Storage Facilities. Indoor: The storage of equipment. materials. supplies.
etc. in an indoor area.
Storage Facilities. Outdoor: The storage of equipment. vehicles.
materials. supplies. etc. in an outdoor area.
Story: That portion of a building included between the upper surface of
any floor and the upper surface of the floor next above, except that the
AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 26
topmost story shall be that portion of a building included between the
upper surface of the topmost floor and the ceiling or roof above. If the
finished floor level (directly above a basement, cellar or unused under-
floor space) is more than six feet (6') above grade (as defined herein) for
more than fifty percent (50%) of the total perimeter or is more than twelve
feet (12') above grade as deemed herein at any point, such basement,
cellar, or unused under-floor space shall be considered as a story.
Street: A right-of-way which provides vehicular and pedestrian access to
adjacent properties. T he term "street" also includes the terms highway,
thoroughfare, parkway, road, route, avenue, boulevard, lane, place, and
other such terms.
Street, Rural System:
A. Principal Arterial: A connected rural network of continuous routes
which serves corridor movements having trip length and travel
density characteristics indicative of substantial statewide or
interstate travel.
B. Minor Arterial: In conjunction with the principal arterial system,
the minor arterial road system forms a rural network. Major
characteristics of the system are to link cities, larger towns and
provide inter-county service. These routes are designed to provide
for relatively high overall travel speeds, with minimum
interference to through movement.
C. Major Collector Roads: That which provides service to any county
seat not on an arterial route and links these places with nearby
larger towns or cities or with routes of higher classification. Major
collectors serve the more important intra-county travel corridors.
D. Minor Collector Roads: That which collects traffic from local
roads and brings developed areas within a reasonable distance of a
collector road. Minor collector roads provide service to the
remaining smaller communities.
E. Local Roads: That which provides access to adjacent land and
provides service to travel over relatively short distances.
The functional street classification defInitions are summarized
descriptions of the functional street guidelines that are used by the Federal
Highway Administration.
Street, Urban System:
AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 27
A. Principal Arterials: Should carry the major portion of trips entering
and leaving the urban area as well as the majority of the through-
trips desiring to bypass the central city. In addition, significant
inter-area travel (such as between central business districts and
outlying residential areas, between major inner city communities,
or between major suburban centers) should be served by this class
of facilities.
B. Minor Arterials: That which interconnects with, and augments, the
urban principal arterial system and which provides service to trips
of moderate 1 ength a t a somewhat lower 1 evel 0 f travel mobility
than major arterials. Minor arterials place more emphasis on land
access than the higher, principal arterial system.
C. Collector Streets: That which provides both land access, service
and traffic circulation within residential neighborhoods,
commercial and industrial areas. Collectors also collect traffic
from local streets in residential neighborhoods and channel it into
the arterial system.
D. Local Streets: That which comprises all facilities not on the other
of the higher systems. Local streets serve primarily to provide
direct access to abutting land and access to the higher order
system. Examples of local streets are alleys (which provide
secondary access at the back or side of a property otherwise
abutting a street); loopstreets (a minor street with both terminal
points on the same street or origin); cul-de-sac (a street connected
to another street at one (1) end only and provided with a
turnaround space at its terminus); partial street (a dedicated right-
of-way providing only a portion of the required street width,
usually along the edge of a subdivision or tract of land) and private
street (a parcel of land providing vehicular and pedestrian access to
adjacent properties from a publicly dedicated right-of-way and
which is recorded in the Ada County Recorder's Office as a
perpetual easement to the property owners taking access therefrom
or the ownership of which is vested in the property owners taking
access therefrom). All private street access must be approved by
the Council. Another local street which is utilized often by a city
is frontage road. It is a local, auxiliary road to, and located on the
side of, an arterial highway for service to abutting property and
adjacent areas and for control access to the property adjoining the
highway, and to maintain circulation of traffic on each side of the
highway.
AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 28
Street, Half: A portion of the width of a street, usually along the edge of a
subdivision or development, where the remaining portion of the street
could be provided in another subdivision or development.
Street Line: A line separating an abutting lot, or parcel, from a street.
Street, Proposed: The undedicated portion of a street alignment, or
proposed widening of an existing street as proposed on the Ada County
Major Thoroughfares Plan, or any State or Federal Highway, the
alignment of which is officially approved.
Strip, Commercial and Industrial: A development pattern characterized by
lots in a continuous manner fronting on streets and resulting in numerous
access points to the street.
Strip Zoning: Zoning usually found along a major roadway which is
developed simply as a pattern following the outline of the road and
without foundation in the comprehensive study or in fact.
Structure: Anything constructed or erected in which the use requires
permanent location on the ground or attachment to something having a
permanent location on the ground. Among other things, structures include
buildings, mobile homes, walls and billboards. Fences shall be deemed a
structure. Public utility power poles shall not be deemed a structure.
Structural Alteration: Any change in the structural members of a building
such as walls, colunms, beams or girders.
Subdivider or Developer: The person who executes an application or
initiates proceedings for the subdivision of land in accordance with the
provisions of this Ordinance. He need not be the owner of the property;
however, he shall be an agent of the owner or have sufficient proprietary
rights in the property to represent the owner and his acts, and
representations shall be binding upon the owner.
Subdivision: The result of an act of dividing an original lot, tract or parcel
of land into two (2) or more parts. The term "subdivision" shall also
include the dedication of a public street and the addition to, or creation of,
a cemetery. However, this Ordinance shall not apply to any of the
following:
A. An allocation of land in the settlement of an estate of a decedent or
a court decree for the distribution of property;
B. The unwilling sale of land as a result of legal condemnation as
defined and allowed in the Idaho Code;
AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 29
C. The widening of existing streets to conform to the Meridian
Comprehensive Plan;
D. The acquisition of street rights-of-way by a public agency in
conformance with the Meridian Comprehensive Plan; and
E. The exchange of land for the purpose of straightening property
boundaries which does not result in the change of the present land
usage.
Supply Yards: A commercial establishment storing and offering for sale
building supplies, steel supplies, coal, heavy equipment, feed and grain
and similar goods.
Surveyor: A person qualified by reason of his knowledge of the principles
of surveying acquired by education and experience, and who is authorized
by the laws of the State of Idaho to practice land surveying. See Idaho
Code, 54-1202(f).
Townhouse or Row House: A row of two (2) or more attached single-
family dwellings. Each dwelling is built with similar architectural
treatment, is separated by vertical divisions by party or lot line walls, and
each has private entrances (usually front and rear).
Trailer, Recreational Vehicle and Motor Home: Any vehicle or structure
constructed in such a manner as to permit occupancy thereof as living
quarters or the conduct of any business, trade, occupation, or use as a
selling or advertising device or use for storage 0 r conveyance for tools,
equipment or machinery and so designed that it is or may be mounted on
wheels and used as a conveyance on highways and streets and propelled or
drawn by its own or other motor power.
Transitional Use: A use of land designed to serve as a buffer between
conflicting land uses such as single-family residential uses and
commercial or industrial uses or between residential uses and heavily
traveled traffic arterials. Uses designated as transitional uses in each
particular district are deemed to be those which are more or less
compatible to the conflicting uses.
Trip Generation: An element of a traffic volume survey which indicates
the number of automobile, bus, pedestrian or bicycle trips produced or
generated in a specific area or by a specific use. As an example, an office
building generates "x" number of trips to work by its employees and "x"
number oftrips home from work.
AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 30
True { SIß]3 .\ serviee statißR er eeæmereia-l eHtiJF]3nSe usiRg the ]3rem.ises
]3rimarily te sell aaà Stij'I]3ly melor fuel, laàrieatiRg eils aaà greases Ie eR
]3remise trade iReludiRg large t1Ueks as well as alitelReàiles æià iRelliàiflg
the sale ef tkes, batteries, aatølRetive aeeesseries, relateà serviees, majer
aaà lRffier meter vebiele re]3airs as well as s]3eeial serv-iees te e]3eraters
Ðflà àriyeFS eftrneks e]3erating iJR aR interstate basis.
Truck Stop: An establishment that sells fuel for trucks and usually
maintains a restaurant for truck drivers.
Undeveloped Area: That portion of a development which is left
unimproved or a parcel ofland which is unimproved.
Urban Services: According to this Ordinance, urban services shall include,
but not be limited to, the following where applicable: municipal central
sewer and water facilities; pedestrian walkways and bicycle paths; open
space; parks; recreation lands; police and fire protection; public transit;
schools; libraries; storm drainage; and urban standard streets and roads.
Urban Sprawl: Scattered development which is not contiguous to the
urbanized part of a municipality. Sprawl is characterized by significant
amounts of vacant land intermixed with parcels of urban development and
with formless dispersal of a congested urban area with little or no regard
for the interrelationships of such factors as transportation, employment,
health and recreational needs.
Use: The specific purpose for which land or a building is designated
arranged, intended or for which it is or may be occupied, maintained, let or
leased.
Variance: A variance is a modification of the requirements of the
Ordinance as to lot size, lot coverage, width, depth, front yard, side yard,
rear yard, setbacks, parking space, height of buildings or other Ordinance
provisions. A variance shall not be considered a right or special privilege,
but may be granted to an applicant only upon a showing of undue hardship
because of the characteristics of the site and that the variance is not in
conflict with the public interest.
Vehicle: Every device in, upon or by which any person or property is or
may be transported or drawn upon a public highway or street excepting
devices moved exclusively by human power or used exclusively upon
stationary rails or tracts.
Vested Rights: Vested rights, if properly used, refer to rights which have
been accrued to an individual as a result of a condition which has existed
AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 31
for a period of time. A vested right is one in which the individual cannot
be denied rights that may have existed to him.
Veterinary, Animal Hospital or Clinic: A place used for the care,
grooming, diagnosis and treatment of sick, ailing, infirm or injured
animals and those who are in need ofmedical or surgical attention and
may include overnight accommodations on the premises for the treatment,
observation or recuperation. It may also include boarding that is
incidental to the primary activity.
Vicinity Map: A drawing which sets forth by dimensions or other means a
relationship of the proposed development to other nearby developments,
landmarks or community facilities and services within the general area in
order to better locate and orient the area in question.
Walkway: A public way for pedestrian use only, whether or not along the
side of the road.
Warehousing & Wholesaling: A use engaged in storage. wholesale. and
distribution of manufactured products and supplies and equipment.
excluding bulk storage of hazardous materials.
Wet Line Sewer: Sewer lines which are connected to a municipal
wastewater treatment facility as per City specifications.
Yard: A required open space, other than a court, unoccupied and
unobstructed by a structure or portion of a structure from three feet (3')
above the general ground level of the graded lot upward provided that
accessories, ornaments and furniture may be permitted in any yard and
subject to height limitations and requirements limiting obstruction of
visibility. (For illustration, see 2-424 Al in the Appendix of this
ÛTdinance.)
A. Front Yard: A yard extending between side lot lines across the
front of a lot and from the front lot line to the front of the principal
building.
B. Rear Yard: A yard extending between side lot lines and across the
rear of a lot and from the rear lot line to the rear of the principal
building.
C. Interior Side Yard: A yard extending from the principal building to
the side lot line on both sides of the principal building between the
lines establishing the front and rear yards.
AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 32
D. Street Side Yard: A yard extending from the principal building to
the secondary street that adjoins the lot between the lines
establishing the front and rear yards.
E. Court Yard: See "Court."
F. Transitional yard: A yard which serves as a buffer between
conflicting land uses such as between single-family residential uses
and commercial or industrial uses or between residential uses and
heavily traveled traffic arterials. Transitional yards are deemed to
be an open space which is between those uses which are more or
less compatible.
Zero Lot Line: A building design which allows for a dwelling to be built
to the side lot line and which may include an easement to a neighboring lot
for the purpose of upkeep and maintenance of each dwelling. Zero lot line
developments can be either dwelling units detached or attached.
Zoning Map: The graphic depiction of the zones or districts within the city
limits of Meridian. The map includes:
A. An indication of the boundaries of each of the districts;
B. A legend identifying each of the districts;
C. Identification names of streets, streams and other places;
D. Dimensions indicating the boundaries between districts.
The zoning map is to be adopted as a legal part of an ÛTdinance and
designated as the Official Zoning Map of the City.
Zoning Permit: A document issued by the Administrator authorizing the
uses ofland and structures, and the characteristics of the uses.
Zoning Policy: The policy as adopted by the governing body of the City of
Meridian and which is the underlying, fundamental basis for this
ÛTdinance; that is, the Zoning and Development Ordinance of the City of
Meridian.
SECTION 2: All ordinances, resolutions, orders or parts thereof in conflict herewith are
hereby repealed, rescinded and annulled.
SECTION 3: VALIDITY: The Meridian City Council hereby declares that any
section, paragraph, sentence or word of this Ordinance as adopted and amended herein be
AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 33
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 ÛTdinance independent of the elimination
here ftom of any portion as may be declared invalid.
SECTION 4: SAVINGS CLAUSE: This Ordinance does not affect an action or
proceeding commenced or right accrued before this Ordinance takes effect.
SECTION 5: 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. Corrie
Attest:
City Clerk
First Reading:
Adopted after first reading by suspension ofthe Rule as allowed pursuant to Idaho Code
50-902Yes:- No:-
Second Reading:
Third Reading:
AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 34
STATE OF IDAHO,)
: ss.
County of Ada.
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 CITY 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 EXPIRES:
Z:\WorklMlMeridianlMeridi,n 15J60MlOrdinances City H,1l1200J Ord\Ord.Amdll-2-2.doc
AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 35
WHITE PETERSON
WHITE, PETERSON, MORROW, GIGRAY, RoSSMAN, NYE & ROSSMAN, P.A.
KEVINE. DINIUS
/ULIB KLEIN FISCHER
WM. F. GIGMY, IU
T. GUYHAu.AM'
D.SAMueL/OOINSON
Wll.UAMA. Mo"",w
WIlUAMF. NICHOLS'
CHRISTOPHERS. NYE
PIDLIP A. PETERSON
ERicAS. PHJLLœS
ERIC S. ROSSMAN
TODDA. RoSSMAN
DAVID M. SWARTLEY
PAMBrA/. TARLOW
TERRENceR. WHITE"
NICHOLAS L. WOLLEN
ArrORNEYSATLAW
NAMPA OFFICE
5700 E. FRANKLIN RD.,
Sum 200
NAMPA. IDAHO 83687-8402
TEL. (208) 466-9272
FAX (208) 466.4405
'Also .dmitted ;nOR
"Also.dmitted;n WA
January 30, 2003
RECEIVED
FEB - 6 2003
City Of Meridian
City Clerk Office
William G. Berg, Jr.
City of Meridian
33 E. Idaho
Meridian, Idaho 83642
Re:
Ordinance No. 03-_, (Amendment to Zoning Ordinance Title 11
Chapter 2 Section 2 Summary Ordinance for the City of Meridian) Summary
of Publication
Dear Will:
Pursuant to the direction of the Meridian City Council, this office has prepared a
summarization ofthe ordinance providing for a Wireless Communication ÛTdinance for the City of
Meridian, 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 ordinance, pursuant to the
provisions ofIdaho Code § 50-901(A).
Very truly yours,
Wm. F. Nichols
Enclosure
Z:\WorklMlMeridianlMeridian IS360M\Ordinances City Hall1200J OrdIBerg Amendmt Zoning Ord Title 11 Cb'pter 2 Section 2 Ord 02 06 OJ.doc
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.C. § SO-901(A)
CITY OF MERIDIAN ORDINANCE NO. 03--
PROVIDING FOR AMENDMENTS TO TITLE 11 CHAPTER 2 SECTION 2
DEFINITIONS TO THE ZONING REGULATIONS ORDINANCE
An ordinance of the City of Meridian amending Section 2 of Chapter 2 of Title 11 of the
Meridian City Code by the addition and/or deletion of language defining certain terms in the
zoning regulations ordinance; providing validity; providing a savings clause; and providing an
effective date.
1. Meridian City Code Section 11-2-2 is amended. The amendments include the
deletion of terms and definitions from the code, and the addition of terms and
definitions to the code. The deleted defmitions include: Convenience Store; Mobile
Home Park; Motor Vehicle Repair, Major; Motor Vehicle Repair, Minor; Quasi-
Public Use; Restaurant; School (Kindergarten, Elementary, Intermediate, or High);
Service Station; and Truck Stop. The added definitions include Apparel
Manufacturing; Automobile Washing Facility; Bakery Store; Banks and Other
Financial Establishments; Bars, Alcoholic Establishments (Tavern); Bottling and
Packaging; Broadcasting, Radio and T.v.; Bus and Rail Station; Churches;
Construction Buildings, Temporary; Convenience Store; Department Stores; Dry
Cleaning; Electrical Supplies & Appliance Manufacturing; Equipment, Heavy Farm,
etc. (Sales & Repair); Feed, Seed and Fertilizer Store; Fuel Yards; Funeral
Home/Mortuary; Industrial Research; Industrial-Light; Laboratories (Medical, Dental
& Optical); Laundries, Commercial; Laundromat; Library; Lumber Yard; Machine
Shop; Manufactured Home Community; Manufacturing; Manufacturing Facility,
Manufactured Homes; Manufactured Home Park; Molded Plastic Products; Motor
Vehicle Body Shop; Motor Vehicle Repair; Museum; Nursing Home; Processing
Plant; Public Uses; Public Utility Facility, Major; Public Utility Facility, Minor;
Publishing and Printing Facilities (Small); Quasi-Public; Railroad Yards & Shops;
Recycling Plants; Restaurants; Retail Stores; Sales Lots (Auto, Recreational,
Agricultural, etc.); School; School, Private Commercial; School, Trade or Vocational;
Service Station; Solid Waste Transfer Station; Storage Facilities, Indoor; Storage
Facilities, Outdoor; Truck Stop; Warehousing & Wholesaling.
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,\WmklM\M.ridi'nlMeridian 15360MlOrdirumcos Ci¡y Han\2003 OrdlOrd.ArndII-2-2.Sonnnary.doc