HomeMy WebLinkAbout1992 11-17
. .,
REV' I SED
AGE N D A
MERIDIAN CITY COUNCIL
NOVEMBER 17, 1992
ITEM:
MINUTES OF THE PREVIOUS MEETING HELD NOVEMBER 4, 1992: (APPRO~)
1: PUBLIC HEARING: ANNEXATION & ZONING REQUEST BY MERIDIAN SCHOOL
DISTRICT: (APPROVED)
2: PUBLIC HEARING: REQUEST FOR CHANGE IN IMPACT AREA BOUNDRY BY
BELEDCO, INC. (APPRO~)
3: ORIDINANCE # 592: TABLED AT LAST MEETING: (APPRO~)
4: APPROVE SUMMARY OF ORDINANCE # 592 FOR PUBLICATION PURPOSES: (APPROVED)
5: FINAL PLAT ON SPLENDOR SUMMIT RANCH ESTATES: (APPRO~)
6: FINAL PLAT ON NORGOLD SUBDIVISION: (APPROVED) .
7: D. L. JOHNSON REGARDING PROPERTY ON OVERLAND ROAD: (AT'IDRNEY TO HANDLE)
8: LILA HILL, MERIDIAN HISTORICAL SOCIETY: (APPROVED)
9: STEVE GREGORY, MAWS ADDITION, COUNCIL'S DECISION ON STREET
REQUIREMENTS ON EAST PINE & LOCUST GROVE ROAD: (APPROVED)
10: BID ON NEW FIRE TRUCK: (APPRO~)
11: DEPARTMENT REPORTS:
'\
MERIDIAN CITY COUNCIL
NOVEMBER 17~ 1992
The Regular Meeting of the Meridian City Council was called to
order by Mayor Grant P. Kingsford at 7:30 P.M.:
Members Present:
Corrie:
Ron Tolsma, Bob Giesler, Max Yerrington,
Bob
Others Present: Ellen Andrews, Lila Hill, Rich Allison, Wayne S.
Forrey, Troop 320, Kenny Kartchne, Bart Simpson, Al Coholic, Gary
Smith, Jim Johnson, Wayne Crookston, Bill Gordon, Pat Tealy, Bill
Briggs:
MINUTES OF THE PREVIOUS MEETING HELD NOVEMBER 4, 1992:
The Motion was made by Giesler and seconded by Tolsma to approve
the minutes of the previous meeting held November 4, 1992 as
written:
Motion Carried: All Yea:
Kingsford: Welcomed Scout Troops #174, 28 & 320 to our meeting
tonight.
The first item I want to comment on is a Proclamation Declaring
the week November 22-28, 1992 as American Christian Heritage
Week.
ITEM #1: PUBLIC HEARING:
MERIDIAN SCHOOL DISTRICT:
ANNEXATION & ZONING REQUEST BY
Kingsford: I will open the Public Hearing and invite a
representative from the School District to speak first.
Rich Allison, 1108 W. 4th, was sworn by the attorney.
Allison: The Meridian School District plan to acquire additional
property for future development. It has acquired a site located
at the corner of Ten Mile and Cherry Lane, adjacent to the Little
League Field. This site we have acquired 11 acres and are in the
process of acquiring one additional acre in order to do that we
need to anne~ and zone the property so that the remainder that we
leave the in~ividual we are purchasing the property from will
also be a legal parcel. Upon annexation and zoning we could
acquire an additional acre and still leave him with a legal
parcel, which would allow for a twelve acre Elementary site. The
adjacent developer has been most cooperative in providing water,
sewer and accesses as required by the School District.
Therefore, we ask that this property be anne~ed and 20ned into
the City of Meridian.
Kingsford: Your asking for all of the acres to be annexed?
MERIDIAN CITY COUNCIL
NOVEMBER 17, 1992
PAGE 2
Allison: We're asking that 16 total acres be annexed.
Kingsford: Thank you. Anyone else to offer testimony on this
issue? No response. I will close the Public Hearing.
Giesler: Questioned one of ACHD's requirements. On Findings of
Fact #2, "no direct lot access to this street will be allowed",
I'm not sure that I understand what that means.
Allison: The design of the subdivision itself provides for a
primary right of way into the school. The primary right of way
into the school will be a 50' easement paved road which will not
have any houses fronting it from the Collector status street that
serves that secondary road.
Tolsma:
correct?
There is two proposed access into this property,
Allison: Yes actually there are three.
The Motion was made by Tolsma and seconded by Corrie that the
Meridian City Council approve the Findings of Fact and
Conclusions of Law as prepared for Planning & Zoning.
Roll Call Vote:
Tolsma - Yea:
Yerrington - Yea; Giesler
Yea; Corrie - Yea;
Motion Carried: All Yea:
The Motion was made by Tolsma and seconded by Yerrington to have
the attorney prepare the Ordinance for annexation and zoning.
Motion Carried: All Yea:
ITEM #2: PUBLIC HEARING:
BOUNDARY BY BEDELCO, INC:
REQUEST FOR CHANGE IN IMPACT AREA
Kingsford: I will open the Public Hearing and invite a
representative to speak first.
Bill Briggs, 1111 So. Orchard, Boise, was sworn by the attorney.
Briggs: I don't have anything to add but if there are any
questions I would be happy to answer them.
MERIDIAN CITY COUNCIL
NOVEMBER 17, 1992
PAGE 3
Kingsford: Briefly for the public, this is a subdivision that is
entered on the West side of Cloverdale that because of the
Ridenbaugh Canal making an irregular shape a small portion of
that parcel lands in Meridian's Area of Impact. What they are
requesting is to take that out of Meridian's Area of Impact and
allow it to be developed with Boise's. Any questions the Council
has for Mr. Briggs.
Crookston: The application excludes the canal so that the canal
would remain within Meridian's Area of Impact. Was that ever
addressed with the owners of the property as to if that could be
worked out. It seemed to me that it was more appropriate to have
the jurisdiction of that canal stay with the municipal entity
over which the property that your developing is going to be part
of. Was that ever addressed?
Briggs: That idea was never thought about. Number one the
property on the other side of course will still be Meridian's
Area Impact, so it's either going to be in Meridian's Area af
Impact or Boise's. Control of the canal is really a nebulous
thing, I'm not sure that anybody really wants it.
Kingsford:
Is that a deeded parcel?
Briggs: Bedelco's property runs only through the SQuth and the
east side of the canal. They own nothing in the canal right of
way. Our application could not include the canal because we have
no right of ownership that goes with the property on the other
side.
Crookston: I think the Mayor's question is to whether it's a
deeded parcel or an easement?
Briggs:
The canal is an easement.
(Gave e~planation)
Kingsford:
Thank you.
Anyone else to testify?
Rich Allison, 1108 W. 4th, Meridian, was sworn by the attorney.
Allison: I might also mention that Bedelco has been most
cooperative with the Meridian School District and that they are
currently providing for a twelve acre site, which includes a five
acre park for the Meridian School District and are willing to
provide this to us at cost. We appreciate their cooperation.
MERIDIAN CITY COUNCIL
NOVEMBER 17, 1992
PAGE 4
Kingsford: Is there anyone else from the public who would like
to offer testimony on this issue? No response. I will close the
public hearing.
The Motion was made by Giesler and seconded by Tolsma to approve
the Findings of Fact and Conclusions of Law as prepared.
Roll Call Vote: Yerrington - Yea; Giesler - Yea; Corrie - Yea;
Tolsma - Yea;
Motion Carried: All Yea:
The Motion was made by Yerrington and seconded by Giesler to have
the attorney prepare an Ordinance for Impact Area change.
Motion Carried: All Yea:
ITEM #3: ORDINANCE #592: TABLED AT LAST MEETING:
Crookston: Explained one correction.
The Motion was made by Corrie and seconded by Giesler that the
rules and provisions of 50-902 and all rules and provisions
requiring that Ordinances be read on three different days be
dispensed with and that Ordinance #592 be passed and approved.
Roll Call Vote:
Tolsma - Yea;
Yerrington - Yea; Giesler - Yea; Corrie - Yea;
Motion Carried: All Yea:
ITEM #4:
PURPOSES:
APPROVE SUMMARY OF ORDINANCE #592 FOR PUBLICATION
The Motion was made by Yerrington and seconded by Tolsma to
approve summary of Ordinance for publication.
Motion Carried: All Yea:
ITEM #5: FINAL PLAT ON SPLENDOR SUMMIT RANCH ESTATES:
The Motion was made by Tolsma and seconded by Giesler to approve
the final plat on Splendor Summit Ranch Estates.
Motion Carried: All Yea:
MERIDIAN CITY COUNCIL
NOVEMBER 17, 1992
PAGE 5
ITEM #6:
FINAL PLAT ON NORGOLD SUBDIVISION:
The Motion was made by Giesler and seconded by Yerrington to
approve the final plat on Norgold Subdivision:
Motion Carried: All Yea:
ITEM #7:
D. L. JOHNSON REGARDING PROPERTY ON OVERLAND ROAD:
Crookston: The City had sent Best Western Concrete Products a
letter stating that the property needed to be screened so that
their facilities would be screened from residential view. There
was apparently some response to that request, Best Western's
Attorney contacted the City Clerk. There were some discussion
between their attorney, Bill Collins and Jack Niemann.
Apparently there was some ultimate misunderstanding as to whether
or not Mr. Collins was supposed to get back to Mr. Niemann or
whether Mr. Niemann was supposed to get back to Mr. Collins. In
any event after the one discussion there was no further
communication. The Council last meeting instructed me to send
Best Western a demand letter to come into compliance, which I
did. I subsequently was contacted by Mr. Lohr, we talked about
it and he told me he was represented by an attorney. I got a
hold of the attorney, he recognized that some type of screening
needs to be done. This was discussed with Mr. Niemann and he
stated you would appear here tonight. Our Ordinance requires a
screening from Industrial to be screened from residential
properties thereto. I guess my inquiry to you is, what do you
feel would be appropriate?
Johnson: I would like to see some sort of landscaping or road
side beautification.
Crookston: Mr. Collins and I discussed some form of landscaping
and shrubbery.
Johnson: I've got other people interested in this also.
up with different types of plants.
Berm it
Discussion.
(See Tape)
Dennis Andrews: My first questions is, why was that
It's in my living room window, this whole business is.
allowed?
MERIDIAN CITY COUNCIL
NOVEMBER 17, 1992
PAGE 6
Crookston: Dennis lives on the southeast corner of Linder and
Overland. That property that Best Western is operating on was
probably anne~ed into the City in 79 or 80 and zoned industrial
at that time.
Andrews: I agree and I was told we had nothing to say about
anything that went on over there, Mr. Niemann told me that. We
wrote this letter and would like answers as to who represents us.
E~plained feelings on issue.
Kingsford: With regard to fifth wheel trailers they are not
allowed to live in those and we'll get after that. I was not
aware of that. The issue in terms of light industrial the
property was zoned that and for us to change that now the City of
Meridian would be sued.
Discussion (See tape)
Kingsford: I'd ask the City Attorney to respond to each of these
in writing to these gentlemen.
ITEM #8:
LILA HILL, MERIDIAN HISTORICAL SOCIETY:
Lila Hill: Gave brief history on Historical Society.
like for an official action that would recogni2e us
official Historical Society for the area.
We would
as the
The Motion was made by Tolsma and seconded by Corrie to have the
City Attorney prepare a Resolution proclaiming the Meridian
Historical Society as the official historian for the City of
Meridian.
Motion Carried:
All Yea:
ITEM #9: STEVE GREGORY, MAWS ADDITION, COUNCIL'S DECISION ON
STREET REQUIREMENTS ON EAST PINE & LOCUST GROVE ROAD:
Pat Tealy: I am here to represent Mr. Gregory who is also
present to answer any questions. Evidentally you had a meeting
on this for discussion and we weren't invited so that's the
reason that we thought we would come tonight and explain our
situation. When we first planned this subdivision we had
intended to curb, gutter and sidewalk both Pine and Locust Grove
and as can be seen by the first correspondence that came out of
MERIDIAN CITY COUNCIL
NOVEMBER 17, 1992
PAGE 7
the highway district that was one of the first site specific
requirements. When we did plan for this curb, gutter and
sidewalk we were also counting on the fact that these
improvements would be offset by road impact fees. The impact fees
themselves haven't been all quite what everybody thought they
were. Upon further reading, as it often happens, when you first
adopt an ordinance you don't see everything. One of the things
they didn't see was the fact that on these major roads these
improvements would have to be in their capital improvement
program in order for them to offset the improvement costs back to
the developer. In this case they did not see until the year 2010
that this road would be downgraded from level c. We then got a
letter from the highway district informing us that neither of the
road sections abutting your subdivision are eligible for the use
of impact fee revenues to construct roadway improvements. Since
we cannot use road impact fee revenues for improvements we can
allow offsets nor can we require the improvements which were
included in our staff report. Therefore we hereby modify those
requirements pertaining to curb and gutter. At this time then I
got a hold of Gary and we discussed what was going to happen. We
need a solution to this. Listed three different solutions (see
tape for explanation).
Kingsford:
Any questions of the Council?
Tealy: If your going to require us to build it then every
developer ought to be required to build these improvements.
Kingsford:
consistent.
I think that's been the case and we've been pretty
Tolsma: We've required this
into effect.
even before the
impact fees went
Tealy: If the solution is that we build it then we would then
ask that the City of Meridian get with the Ada County Highway
District and work out this problem with the capital improvement
plan and how the developer can get paid back.
Kingsford: We certainly couldn't assure you that that's going to
happen but I'd certainly be willing to try. We do intend to
treat everyone equal. We've taken the position that those
streets will be built that we've designated and curb, gutter and
sidewalk~
(
MERIDIAN CITY COUNCIL
NOVEMBER 17, 1992
PAGE 8
Kingsford: I would ask the City Engineer to kind of be a liaison
for the City on this issue.
Tealy: We should go with the assumption then that we will build
the improvements. Because of the time of year it's getting to
be, I guess we need some direction. Should we keep the letter
of credit for that amount at the highway district and Gary writes
a letter to that affect or how do we do that? We certainly can't
build until spring now.
Eng. Smith: I would assume that if the letter of credit stayed
at the Highway District for that improvement that that would
suffice.
ITEM #10:
BID ON NEW FIRE TRUCK:
Chief Bowers: We received two bids for the new fire truck. The
first one is from Pierce Manufacturing - Johnny Howell in Boise.
The second one is from H & W - Bob Grisham out of Garden City.
As I turned this over to our committee to look at our bids, we
have found that the H & W bid does not meet any of our spec's
that we wrote up. Our bids for the Pierce Fire Truck will be
jointly bought between City and Rural. The bid for the truck
from Pierce is $185,91b.00.
Kingsford:
Who was on the committee?
Bowers: Bob Corrie, Marty Hill, Rodney Shaul, Pat Oliver, Steve
Gempler and I was just kind of an advisor.
Giesler: Do this come equipped with hoses and all or is that
just for the truck?
Bowers: That's just the truck at this time. Next year probably
March or April we' 11 put out the bids for the hose, the adapters,
the extra equipment that we want to put on the truck. What we
would hope to do, you guys own the City rig that we have over
there and it is twenty years old this year. What we'd possibly
like to do is possibly build a building down at the Water
Department and store it for a backup truck.
The Motion was made by Corrie and seconded by Tolsma to approve
the bid from Pierce for $186,91&.00 for the new Fire Truck.
Giesler: Did we during the budget process consider trading this
truck in or have we budgeted for an amount like this?
MERIDIAN CITY COUNCIL
NOVEMBER 17, 1992
PAGE 9
Kingsford:
It was budgeted out.
Motion Carried:
All Yea:
ITEM #11:
DEPARTMENT REPORTS:
Wayne Forrey: About a week and a half ago the City mailed
acquisition offers to three individuals that own property in
Meridian and we've received some answers to those offers and if
the Council would like to go into Executive Session I am prepared
to discuss that with you.
The Motion was made by Tolsma and seconded Yerrington to go into
Executive Session at 9:15 P.M.:
Motion Carried:
All Yea:
Kingsford: The
Council discussed
this time.
Meeting called to order. For the record, the
property acquisition, no decision was made at
Clerk Niemann:
clean ed up.
I have a
1 at 0 ut
in Misty Meadows that needs
The Motion was made by Yerrington and seconded by Tolsma to have
the lot cleaned and billed to appropriate person.
Motion Carried:
All Yea:
Forrey: The Department of Commerce created a Planning Grant
Program maximum grants $15,000.00 to help City's update their
Comprehensive Plan. I met with the Mayor last week and discussed
this and Friday is the dead line so I put together a letter
application packet to the Department of Commerce if you would
like to apply.
The Motion was made by Tolsma and seconded by Giesler to direct
Wayne Forrey to apply for the planning grant from Department of
Commerce.
Motion Carried:
All Yea:
Yerrington: I've talked to each one of you and also the
Inspectors for the City. You have a document showing the new
percentage agreements upon their fees for this coming year
starting October 92.
I ,
MERIDIAN CITY COUNCIL
NOVEMBER 17, 1992
PAGE 10
The Motion was made by Yerrington and seconded by Tolsma to
approve of the contracts as prepared by Councilman Yerrington and
authorize the City Clerk and Mayor to sign.
Motion Carried: All Yea:
Corrie: Asked about ISTEA situation.
The Motion was
authorize Wayne
eligible.
made by
Forrey
Corrie
proceed
and
with
seconded
ISTEA
by Giesler
is the City
to
is
Motion Carried: All Yea:
Tolsma: Commended Jack Niemann for being the Man of the Year.
The Motion was made by Corrie and seconded by Giesler to adjourn
at 9: 20 P. M. :
Motion Carried: All Yea:
(TAPE ON FILE)
APPROVED:
,
ATTEST:
~
, CITY CLERK
"--
NELSON BERRY
1293 N. BLACK CAT RD.
MERIDIAN, ID 83642
(208) 888-4890
November 24, 1992
city of Meridian
city Hall
33 E. Idaho Ave.
Meridian, 1D 83642
RE: Five acres located at 1293 N. Black Cat Rd.
I ~ requesting time to speak with the Mayor and City Council at
their December 1, 1992 meeting, regarding the above referenced
property.
If you need additional information before the meeting, please
contact me at 888-4890.
Sincerely,
" t.
site is adjacent to the city limits of the city of Meridian. The Meridian Comprehensive Plan states
that densities outside of the Urban Service Planning Area shall not exceed one dwelling unit per five
acres. If approved, this proposal would conflict with the Meridian Comprehensive Plan.
The applicants do have an option for development if this proposal is not approved. Because their
property is contiguous to the city limits of the city of Meridian, the applicants could request
annexation into the city of Meridian. The rules and regulations of the city of Meridian would then be
used for any development proposal submitted by the applicants.
ATTACHMENTS
1. Applicants' statement
2. Vicinity map
3. Agency comments
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ACCOUNT #
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00006
00022
1210044
00112
00462
00811
00828
01197
01402
03318
03346
03438
03442
DEL I t\lQUENCY LIST
TURN OFF LIST SCHEDULED FOR 12/16/g2
NAME & ADDRESS
THOMAS HAMMOND
719 MERIDIAN ST.
JOHN BEAUDOIN
713 MERIDIAN ST.
LEONARD MCFADDEN
132 W. BROi=iDWAY
HOWARD J. BOYLE
721 W. 3RD ST.
TODD A. MONROE
730 W. BROADWAY
DENNIS MENCER
821 W. 2ND ST.
GLADYS CLYMENS
729 W. IDAHO
THOMAS MURRELL
661-663-671-673 W. IDAHO
AUSTIN L. YOUNG
906 W. 10TH
R DEANNE LINDLEY
791 NW 15TH
ANGELA HOSS
503 W. PINE AVE.
EARL BRINEGAR
205 W. PINE AVE.
DAVEN L. STORY
1513 W. 1 ST ST.
CAROL CAHILL
1435 W. 1ST ST.
AMT PAST DUE
117. 10
38..40
19.20
68. 10
&0.f2J0
49..00
42.80
187.20
42.30
37.80
44.70
65..60
57.30
54.60
03498
LEON SMITH
125 W. CHERRY LANE
78..50
03534
LORRAINE DAVIS
324 W. MAPLE
113.60
03524
RICHARD HAIRSTON
218 W. MAPLE AVE.
79.60
03560
KIRK HENDERSON
222 CAMELLIA
79.50
03568
SCOTT FARMER
314 CAMELLIA
58.30
03584
WILMA BLAIR
1239 W. 2ND
42.50
03622
RUSSELL MCFARLAND
1217 W. 1ST STa
84.20
03628
DAMON BRUNMEIER
126 W. WASHINGTON
48.70
03652
LISA COX
1230 W. 4TH
46.80
03660
ELLEN BAILEY
338 CHERRY AVE.
43.00
03&86
LARRY MEEK
1432 W. 4TH ST.
80.30
04088
PAUL PACK
1313 W. 4TH ST.
43.50
04090
JOHN D.. HANSFORD
1303 W. 4TH ST.
146.30
0472B
ELIZABETH MCALISTER
527 W. CARLTON
72.21
04748
RICHARD POE
1115 W. 6TH
110.95
05222
WILLIAM HUTCHINGS
309 W. WASHINGTON
53.50
0534121
THOMAS A. PIEPMEYER
1231 ELM COURT
109.00
05344
RICHARD CARRIER
1215 ELM COURT
4B.40
05346
MICHAEL R. THOMPSON
1207 ELM COURT
42.20
05348
BOYD BOWER
1208 EML COURT
82.71
05568
TOMMY VINCENT
1329 W. 13TH AVE.
83.80
05608
DAVID FUNK
1414 W. 14TH ST.
123.30
05&18
JUDY L. TODD
1400 NORTHGATE AVE.
74. 10
05712
BARRY D. MITCHELL
1527 NORTHGATE AVE.
11213.30
05724
JAMES BRESHEARS
1423 NORTHGATE AVE.
63.70
05738
JILL RODRIGUEZ
1401 W. 14TH ST.
97.50
05746
STUBBLEFIELD CONST. CO.
1426 MAPLE
121.10
05748
STUBBLEFIELD CONST. co.
1434 MAPLE AVE.
131.30
05750
STUBBLEFIELD CONST CO.
1500 MAPLE
207.00
05752
STUBBLEFIELD CONST. CO.
1512J8 MAPLE
159.40
05758
STUBBLEFIELD CONST. CO.
1524 MAPLE AVE.
81.40
05760
STUBBLEFIELD CONST. CO.
1534 W. MAPLE AVE.
158.00
0576&
DAVID HEMRY
1515 ELM PLACE
54.70
05794
STUBBLEFIELD CONST. CO.
1533 MAPLE AVE.
137.60
05796 STUBBLEFIELD CONST. CO. 138.00
1523 MAPLE AVE.
05800 STUBBLEFIELD CONST. CO. 125.90
1507 MAPLE AVE.
05804 STUBBLEFIELD CONST. co. 155.80
1435 MAPLE AVE.
05800 STUBBLEFIELD CONST. CO~ 52.30
1427 MAPLE AVE.
05830 KENNETH WEATHERS 53.30
1527 w. WASHINGTON
05868 GARY FRANK 50..60
1338 w. CARLTON ST.
05874 MICHAEL HOLT 66.. 10
1432 w. CARLTON
06532 TERRY POLLARD 82.60
1217 w. 11 TH ST.
06580 STEVE NONAMAKER 39.00
908 W.. WASHINGTON
06034 SUSAN DAVIS 54.00
1101 w. 11TH ST.
07292 CARRIE HOMES 38.80
1128 w. STATE STREET
07407 GLORIA OSTRANDER 13.65
2407 w. CHERRY LN.
17386 MICHELLE HENDERSON 112.50
4265 w. QUAKER RIDGE DR..
22058 WILLIAM HILL 232.70
3420 SUGAR CREEK DR.
22118 JAY DEAN 47.05
1720 INTERLACHEN WAY
22170 STEVEN MEDLEY 44.75
3761 WOODMONT DR.
22230 DONALD BLOOMQUIST 95.80
2110 SCIOTO PLACE
22260
ROBERT CRITCHFIELD
2180 TURNBERRY WAY
233.70
22322
MICKEY L. WARE
3721 SEA ISLAND CRT.
150.40
22330
ESTHER AGUILAR
2133 TURNBERRY CIRCLE
66.60
22338
JOHN QUAPP
2071 TURNBERRY WAY
76.95
22436
MARTIN & JUDY LIMON
3861 SUGAR CREEK DRIVE
110.30
28874
ANN MARIE BAIRD
1742 TODD WAY
31.05
28910
ROBERT BALDWIN
2088 LEANN WAY
78.25
28920
REED W. MCKAY
2246 LEANN WAY
54.35
28924
ROBERT ATHAY
2288 LEANN WAY
96. 10
28932
MICHAEL HENDRIKSEN
2412 W. CHATEAU DR.
82.90
30804
BETTE LESTER
2&63 W. CHATEAU DR.
68.80
30912
ROBERT B. KOCK
1840 TODD WAY
74.20
30918
GARY WEISKIRCHER
1930 MARIANNA PLACE
25.60
30920
RICK K. COFFMAN
1960 MARIANNA PLACE
94.40
30926
JON D. MANIER
1911 MARIANNA PL.
104.80
30938
SHARRON ANDERSON
2551 JEFFREY CRT.
45.60
3094&
MARK DAVIS
2001 TODD WAY
42.60
31008
DWIGHT JENKINS
1721 TODD WAY
3102&
BRUCE BAILEY
2594 REBECCA WAY
31038
JAMES POOL
2009 REBECCA WAY
3105&
GREG A" MERRILL
2571 REBECCA WAY
31064
HERBERT LAW
2611 REBECCA WAY
31686
SCOTT WAHLSTROM
2218 ASTAIRE WAY
31766
JEAN RUCKER
2261 MONACO WAY
32310
RODNEY WILLIAMS
1908 MONACO WAY
32312
MARVIN L.. KERBS
1983 HENDRICKS CT.
32342
MICHAEL SCHAEFFER
1933 SANDALWOOD DR.
32422
DEANCO
1743 SANDLEWOOD DR.
32462
MICHAEL A. RUFFALO
1952 SANDALWOOD DR.
32498
ANY CORRINGTON
1861 TANA COURT
32516
ROBERT D. TALBURT
1895 W. CHATEAU DR.
32530
PAUL GIAUQUE
17&7 BEARDEN CRT.
32536
ALLYN HILTON
1687 BEARDEN CRT.
35b80
JAMES & BARBARA CALLISON
2662 W. 12TH ST.
71.70
84.2fZJ
66.00
58.00
62.90
58.90
50. 10
93.70
87.55
137.35
113. 35
159..70
80.30
36.20
31.05
82.8121
90.35
(
(
37244
ROBERT NOLAN
1494 DARRAH DR.
37248
KELLY KING
1433 CLAIRE ST.
37256
RODNEY PORTER
1322 CLAIRE ST..
37280
DOUGLAS HALLOCK
1532 LOWERY ST.
37436
LINDA PADDOCK
1131 W. CHERRY LN.
37668
NICHOLAS CORRAL
131210 W. YOST CT.
37&70
MARY VANDEVENTER
1330 W. YOST CT.
37704
CASCADE HOMES
1912 NW 12TH ST.
38252
EDMUND MCDILL
1457-61-67-71 SANDALWOOD
38284
ROBERT MILLER
1521 KINGSWOOD AVE.
38298
MICHAEL WALKER
1333 NEWPORT DR..
38302
DAVID CHRISTENSEN
1319 NEWPORT
38366
BRENDA SAVAGE
203& NW 12TH ST.
3851(;
VICKEE K. LARON-POOLE
1328 W. CHATEAU AVE.
38518
M. FRANK JAKOMEIT
1338 W. CHATEAU AVE.
38540
DENNIS PHILLIPS
2240 N. LINDER RD.
38554
KELLY KATULA
2217 NW 15TH ST.
91.80
65. 10
84..80
95.<30
58.90
70.40
55.60
19.40
142.80
81.40
95.00
74.20
18.20
82.40
57.30
65.00
&5.30
38572
ROGER JOHNSON
2229 NW 14TH ST.
11<j.30
38586
JOEL LYNN YEAGER
1339 W. CHATEAU AVE.
69.00
38600
ROBIN YELTON
1089 W. CHATEAU DR.
5<3.00
38618
DAVID BASTIAN
9&0 W. CHATEAU DR.
62.60
38644
JOHN HRUSKA
2267 NW 11TH ST.
75.60
38752
TROY WESTON
gB7 DELMAR DR.
54.00
38824
PHILIP R. CARROLL
1080 DELMAR DR.
50.00
38914
SHAWN MCDONALD
2082 NW 10TH PLACE
53.30
40146
WILLIAM VICK
521 LONGFORD DRIVE
77.30
4015121
ROBERT HAMPTON
451 W. WILLOWBROOK DR.
85.00
40204
JAMES BATSEL
383 W. WILLOWBROOK DR.
51.90
41086
PAUL MEelER
98 W. WILLOWBROOK DR.
122.20
411 &2
BRYCE RAY MOBLEY
432 W. WILLOWBROOK DR.
22.30
41196
BLAIR CARPENDER
618 LONGFORD
22.75
412&0
PHILIP BYRNE
2320 KENMERE DR.
77.00
41270
ROBERT COOLEY
2257 KENMERE PLACE
68.20
41284
DONALD RAY
2141 KENMERE DR.
47.90
41394
LINDA L. PADDOCK
1717 CRESTMONT DR.
119400
46052
AMERICAN TEXTILES
200 E. FAIRVIEW
6ba80
47880
KEVIN GILBERTSON
1183 TORRINGTON CT.
33.30
47926
LAYNE MOURITSEN
2092 N_ SAPPHIRE PLACE
36.20
47952
BRADLEY FOSTER
2120 N. AMETHYST PLACE
82.60
48556
ERMINE DAVIS
1014 CLAYBOURNE DR.
109..20
49245
TRACY GRANO
1842 TEARE AVEa
38.30
49255
JON KNIGHT
1025 CLARENE ST.
87.30
49274
RAMOND SCHENK
1745 JERICHO
77.30
50794
ERNEST OSTER
2062 N. WHITTIER PL.
110.40
51038
DAVIS CONSTRUCTION
2362 N. LAUGHRIDGE AVE.
69.2121
52294
REBECCA MADSEN
31 E. CARLTON AVE.
40.40
53639
MOHAMMED ALIDJANI
200 E. CARLTON
38.80
53800
APOLLO CLEANER
1535 E. 1ST ST.
142.40
53802
TERRY WOODWARD
1535 E. 1ST ST.
34.45
53940
RONALD LAFEVER
1&24 N. MERIDIAN
43.90
53984
LOUISE FORD
26 W. WASHINGTON
47.10
56348 RICK HORTON 38.80
342 E. BROADWAY AVE.
5&3<32 IT HAPPENS 141.55
704 E. 1ST ST.
56440 127 CLUB 469.60
127 E. IDAHO
5b444 MURRI'S ELECTRONICS 338.60
131 E. IDAHO
56806 VAN'S MOTOR SERVe 155.05
830 E. 1 ST ST.
58512 MICHAEL R. COLEMAN 36.45
532 E. PINE
58514 TAUNO WATIA 18.80
526 E. PINE AVE.
58524 BETTY JACOBSON 71.20
436 E. PINE AVE.
58624 PAUL H. SMITH 36.60
29 E. STATE AVE.
58648 E E BRINEGAR 31.80
135 E. STATE AVEIi
58680 JEROME ROE 38.80
<:1 30 E . 4TH ST.
5869& PATSY GARRETT 135.20
934 E. 5TH ST.
59488 JAMES HOWELL 112.70
234-23& E. STATE
59524 SCOTT MURRI 64.70
12 E. STATE
59566 PHILIP LORCHER 56.90
432 E. 2ND ST.
60256 LOREN WHEELER 86.60
23 E. ADA
60284 DON SCHNEE 52.35
203 E. ADA
(
E>0350
ROBERT RANKIN
122 E. ADA AVE.
60470
H. GENEVIEVE HALFORD
226-232 E. KING
6121478
RONALD BURKETT
210 E~ KING
92788
KENDALL KELLY
604 pennwood st.
92822
GARY E FRANK
638 HANOVER CT.
92856
SHERYL MOORE
65p FULMER CT.
93770
RUSSEL & LUCIA GLYNN
70 ROSE CIRCLE
93822
WILLIAM S. KIRTLEY
53 ROSE CIRCLE
94000
NORM FULLER
413 S. MERIDIAN ST.
94060
RUSSELL JOHNSON
513 S. MERIDIAN ST.
94608
RALENE J. GREGORY
1125 CRESTWOOD DR.
gS301
JAMES J. ANDERSON
1471 W. PINTAIL DR.
968&4
WAIDE WOODLAND
1312 W. GREENHEAD DRIVE
96911ZJ
THOMAS BRANDT
411 MERIDIAN RD.
96920
SHELLIE ALLEN
403 MERIDIAN ST.
98202
R & M LEASING
835-845-8&5-877 W. TAYLOR
TOTAL
38.80
172.50
41.20
52. 10
41.45
54.60
55.'10
35.40
28.40
66.1210
52.40
38.80
53.00
55.20
39.60
578.30
$14,954.52
(
(
ORDINANCE NO. 592
AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING TITLE 11, CHAPTER 2,
ZONING ORDINANCE AND CHAPTER 9, SUBDIVISION AND DEVELOPMENT
ORDINANCE, OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF
MERIDIAN; 1) REGARDING THE ZONING ORDINANCE, IT REPEALS SECTION
11-2-402 A. 11; RE-ENACTS SECTION 11-2-402 A. 11 SO THAT IT IS NOT
MANDATORY TO INTEGRATE COMMERCIAL USES INTO ALL RESIDENTIAL AREAS;
AMENDS SECTION 11-2-403 B., DEFINITIONS, LOT AREA; AMENDS SECTION
11-2-404 C. COMMISSION 3., RULES, RECORDS AND MEETINGS TO MAKE IT
DISCRETIONARY FOR THE PLANNING AND ZONING COMMISSION TO ADOPT BY-
LAWS; AMENDS SECTION 11-2-405 TO ADD A NEW PARAGRAPH TO 11-2-405
B. 2. TO REFLECT THAT GRANDFATHER RIGHTS SHALL NOT BE TRANSFERRED
UPON THE CONVEYANCE OF PROPERTY AND ADDS TWO NEW SUBSECTIONS I.
AND J. TO ADOPT A PROCEDURE WHERE AN APPLICANT FOR A MATTER BEFORE
THE, CITY DESIRES TO AMEND OR CHANGE THE APPLICATION -OR TO CHANGE
THE APPROVED USE; REPEALS SECTION 11-2-408 B.; RE-ENACTS SECTION
11-2-408 B. TO ADD TWO NEW RESIDENTIAL ZONING DISTRICTS AND TO ADD
TWO NEW ZONING DISTRICTS THAT PERTAIN TO THE FOREIGN TRADE ZONE;
REPEALS SECTION 11-2-409 ZONING SCHEDULE OF USE CONTROL, B.
COMMERCIAL; RE-ENACTS 11-2-409, ZONING SCHEDULE OF USE CONTROL,
B., COMMERCIAL, TO CHANGE AUTOMOBILE REPAIR SHOPS FROM A PERMITTED
USE TO A CONDITIONAL USE; REPEALS SECTION 11-2-410, ZONING SCHEDULE
OF BULK AND COVERAGE CONTROLS, A; RE-ENACTS 11-2-410, ZONING
SCHEDULE OF BULK AND COVERAGE CONTROLS A, TO ADD BULK AND COVERAGE
CONTROLS FOR THE NEW RESIDENTIAL DISTRICTS OF R-2 AND R-3, TO
INCREASE THE LOT REQUIREMENTS FOR THE R-4 AND R-8 DISTRICTS AND TO
ADD A FOOTNOTE 8 TO DEFINE HOW THE MINIMUM LOT SIZE IS DETERMINED;
REPEALS SECTION 11-2-411 RESIDENTIAL HOUSING STANDARDS; RE-ENACTS
11-2-411, RESIDENTIAL HOUSING STANDARDS, TO SET THE MINIMUM SQUARE
FOOTAGE OF HOUSES IN THE NEW R-2 AND R-3 RESIDENTIAL DISTRICTS, TO
INCREASE THE MINIMUM SQUARE FOOTAGE IN THE R-4 DISTRICT, CHANGE THE
MINIMUM SQUARE FOOTAGES IN THE R-8 AND R-15 ZONES, ADD A SUBSECTION
PERTAINING TO DUPLEX'S TO ESTABLISH A MINIMUM SQUARE FOOTAGE FOR
DUPLEX UNITS AND TO STATE THAT A DOUBLE GARAGE IS A MINIMUM
REQUIREMENT, TO STATE THAT THE DIS~URSEMENT OF HOUSES SMALLER THAN
1,350 FEET WITHIN THE SUBDIVISION DOES NOT APPLY TO THE RESIDENTIAL
DISTRICTS OF R-2, R-3 AND R-4, AND TO ADD A NEW SUB-SECTION
NUMBERED I. WHICH PROVIDES FOR MANUFACTURED HOUSING; REPEALS
SECTION 11-2-416; RE-ENACTS SECTION 11-2-416 TO ADD A NEW
SUBSECTION TO BE KNOWN AS L. WHICH RELATES TO DEVELOPMENT
AGREEMENTS; REPEALS SECTION 11-2-417; RE-ENACTS SECTION 11-2-417
TO BREAK IT INTO LETTERED PARAGRAPHS AND ADD THREE NEW PARAGRAPHS
RELATING TO ANNEXATION ONLY WITHIN THE URBAN SERVICE PLANNING AREA,
REQUIRING COMMITMENTS FOR USE AND DEVELOPMENT, AND AUTHORIZING
RULES FOR COMMITMENTS; REPEALS SECTION 11-2-418; RE-ENACTS SECTION
11-2-418 TO ADOPT AN EXPEDITED HEARING PROCEDURE FOR CONDITIONAL
USE APPLICATIONS IN THE INDUSTRIAL AND COMMERCIAL DISTRICTS AND TO
ADD A NEW PARAGRAPH K. FOR REVOCATION OF CONDITIONAL USE PERMITS;
ORDINANCE NO. 592
PAGE 1
(
TO REPEAL SECTION 11-2-419 C. 2.; TO RE-ENACT SECTION 11-2-419 C.
2. SO TlIAT THE FORMER REQUIREMENT THAT THE CAUSE FOR A VARIANCE NOT
BE SELF-INFLICTED IS REMOVED; REPEALS SECTION 11-2-423; RE-ENACTS
SECTION 11-2-423 TO ADD TO THE ZONING ORDINANCE THE PENALTIES THAT
ARE CONTAINED IN THE SUBDIVISION AND DEVELOPMENT ORDINANCE; AND 2)
REGARDING THE SUBDIVISION AND DEVELOPMENT ORDINANCE, IT REPEALS
SECTION 11-9-601 C., JURISDICTION; RE-ENACTS SECTION 11-9-601 C.,
JURISDICTION, TO REFLECT THAT THE SUBDIVISION AND DEVELOPMENT
ORDINANCE ONLY APPLIES WITHIN THE MERIDIAN CITY LIMITS, - AND NOT
WITHIN THE AREA OF IMPACT; REPEALS SECTION 11-9-604 C. 4. c.; RE-
ENACTS SECTION 11-9-604 C. 4. c. TO REFLECT THAT THE CITY OF
MERIDIAN, RATHER THAN THE APPLICANT, NOW NOTIFIES THE ADJOINING
PROPERTY OWNERS OF HEARINGS; REPEALS SECTION 11-9-604 c. 9. a.; RE-
ENACTS SECTION 11-9-604 C. 9. a. TO REFLECT THAT THE CITY NOTIFIES
THE PROPERTY OWNERS; REPEALS SECTION 11-9-604 H. 1. a.; RE-ENACTS
SECTION 11-9-604 H. 1. a. TO INCREASE THE NUMBER OF COPIES OF FINAL
PLATS THAT ARE REQUIRED TO BE SUBMITTED; AMENDS SECTION 11-9-605
B. 3. a. TO REFLECT AN INCREASE IN THE WIDTH OF MINOR ARTERIAL TO
80 FEET FROM 66 FEET; REPEALS SECTION 11-9-605 M.., PIPING OF
DITCHES; RE-ENACTS SECTION 11-9-605 M., PIPING OF DITCHES TO
REFLECT THAT WHERE DITCHES ARE ON THE PROPERTY LINE OR A PORTION
OF THE DITCH THE PIPING OF THE DITCH IS REQUIRED; REPEALS SECTION
11-9-606, IMPROVEMENT STANDARDS, A., RESPONSIBILITY FOR PLANS AND
REQUIREMENTS; RE-ENACTS SECTION 11-9-606, IMPROVEMENT STANDARDS,
A., RESPONSIBILITY FOR PLANS AND REQUIREMENTS, TO STATE THAT ANY
IMPROVEMENTS INCLUDED ON THE PLAT OF A SUBDIVISION ARE THE
RESPONSIBILITY AND LIABILITY OF THE SUBDIVIDER AND OWNER OF THE
LAND BEING SUBDIVIDED TO INSTALL; REPEALS SECTION 11-9-606 B.,
IMPROVEMENTS, PUBLIC l4., PRESSURIZED IRRIGATION SYSTEM; RE-ENACTS
SECTION 11-9-606 B., IMPROVEMENTS, PUBLIC 14., PRESSURIZED
IRRIGATION SYSTEM TO REMOVE THE AUTHORIZATION OF THE CITY ENGINEER
TO ESTABLISH RULES AND REGULATIONS AND STANDARDS FOR PRESSURIZED
IRRIGATION SYSTEMS AND SUBSTITUTE THAT SUCH SYSTEMS HAVE TO BE
APPROVED BY THE CITY ENGINEER; REPEALS SECTION 11-9-612 A. 2. b.;
RE-ENACTS SECTION 11-9-612 A. 2. b. TO REMOVE FROM THE VARIANCE
PROCEDURE THE "SELF-INFLICTED" REQUIREMENT; REPEALS SECTION 11-9-
613; RE-ENACTS SECTION 11-9-613 TO ADD A NEW SECTION WHICH ALLOWS
THE CITY TO WITHHOLD, AND ELECT NOT TO ISSUE, BUILDING, ELECTRICAL,
OR PLUMBING PERMITS, ZONING CERTIFICATES, OR CERTIFICATES OF
OCCUPANCY, DUE TO VIOLATIONS OF THE SUBDIVISION AND DEVELOPMENT
ORDINANCE OR THE ZONING ORDINANCE; AND.PROVIDING AN EFFECTIVE DATE.
WHEREAS, a petition to amend the Zoning Ordinance and the
Subdivision and Development Ordinance of the Revised and Compiled
Ordinances of the City of Meridian was submitted by the Planning
and Zoning Commission to itself and City Council;
ORDINANCE NO. 592
PAGE 2
(
WHEREAS, the petition recognized that the two Ordinance
revisions involved two types of amendments which are 1) context,
procedural, definitional, and text amendments to clarify and 2)
subs-tanti ve amendments.
WHEREAS, the City has followed the Local Planning Act of 1975
and the Ordinances of the City of Meridian in processing the
Petition to amend the Zoning Ordinance and the Subdivision and
Development_Ordinance and has made and adopted Findings of Facts
and Conclusions of Law; and
, WHEREAS, the City Council and the Mayor of the City of
Meridian, Idaho, have concluded that it is in the best interest of
the City to amend Title 11, Chapter 2 Zoning Ordinance, and Chapter
9 , Subdivision and Development- Ordinance, of the Revised and
Compiled Ordinances of the City of Meridian, Ada County, and be
effective upon approyal and publication as required by law.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR OF THE CITY OF
MERIDIAN, AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY,
IDAHO:
SECTION 1:
That Section 11-2-402 A. 11., of the INTENT
AND PURPOSE declaration of the Zoning Ordinance is hereby repealed.
SECTION 2:
That Section 11-2-402 A. 11., of the INTENT
AND PURPOSE declaration of the Zoning Ordinance is hereby re-
enacted and shall read as follows:
"To encourage the proper distribution and compatible
integration of-neighborhood commercial into residential areas
of the City."
SECTION 3:
That
Section
11-2-403
B.
DEFINITIONS,
ORDINANCE NO. 592
PAGE 3
(
definition of Lot Area of the Zoning Ordinance is hereby amended
to read as follows:
"Lot Area - The area of any lot shall be determined exclusive
of streets, highwayE., alley~, roads, rights-of-ways....
irriqation easements and land which is used for the conveyance
of irriqation water, drainaqe water, creek or river flows."
SECTION 4:
That section 11-2-404 C, COMMISSION, 3., Rules,
Records and Meetings, of the Zoning Ordinance is hereby amended to
read as follows:
"Rules, Records and Meetinqs: Written organization papers or
bylaws consistent with this Ordinance and other laws of the
State for the transaction of business of the Commission oh~ll
may be adopted. A record of meetings, hearings, .resolutions,
studies, findings, permits, and actions taken shall be
maintained. All meetings and records shall be open to the
public. At least one regular meeting shall be held each month
for not less than nine (9) months in a year. A majority of
the voting members of the Commission shall constitute a
quorum. II
SECTION 5:
That section 11-2-405 of the Zoning Ordinance
is hereby amended and shall read as follows:
"GENERAL ORDINANCE PROVISIONS
A INTERPRETATION
1. Minimum Requirements: The provisions herein shall be
held to be the minimum requirements for the promotion of
the public health, safety, morals and welfare.
2. Relationship with Other Laws: Where the conditions
imposed by any provision.herein upon the use of land or
buildings or upon the bulk of buildings are either more
restrictive or less restrictive than comparable
conditions imposed by any other provision herein or any
other law, ordinance, resolution, rule or regulation of
any kind, the regulations which are more restrictive or
which impose higher standards or requirements shall
govern.
3. Effect on Existinq Aqreements: This Ordinance is not
intended to nullify any easement, covenant or any other
private agreement provided that where the regulations of
this Ordinance are more restrictive or impose higher
ORDINANCE NO. 592
PAGE 4
(
standards or requirements than such easement, covenants
or other private agreements, the requirements herein
shall govern.
B SCOPE OF REGULATIONS
1. Chanqes in Structure or Use: within the corporate limits
of the City of Meridian except as may otherwise be
provided in this Ordinance, all uses of land or buildings
established hereafter, and all structural alterations or
relocation of existing buildings occurring hereafter,
shall be subject to all regulations herein which are
applicable to the districts in which such buildings, uses
or land shall be located.
2. Non-Conforming Buildinqs, Structures and Uses:
Buildinqs, lands, uses or structures which are non-
conforminq uses lose their status as non-conforminq uses
when ownership, or leqal or eauitable interest, is
conveyed, transferred, or deeded, such that the owner of
the non-conforminq use at the time that the non-
conforminq status was initially determined to be a valid
non-conforminq use no lonqer resides in or on the land
or structure. This section means that qrandfather
rights' may not be transferred.
3. Buildinq Permits: Where a building permit for a
building or a structure has been issued in accordance
with law prior to the effective date of this Ordinance,
and provided that construction is begun within ninety
(90) days from such effective date and diligently pursued
to completion, said building or structure may be
completed in accordance with the approved plans on the
basis of which the building permit was issued, and
further may upon completion be occupied under a
Certificate of Occupancy by the use for which originally
designed, subject thereafter to the provisions of this
Ordinance.
C USE AND BULK REGULATIONS
1. Use: A building, structure or land shall hereafter be
used or occupied, and a building or part thereof, or
other structure, shall be erected, raised, moved,
reconstructed, extended, enlarged or altered only as in
conformity with the regulations herein specified for the
district in which it is located. Exceptions to the use
and bulk regulations of this Ordinance shall be only by
Variance.
2 . Bulk: All new buildings and structures shall conform to
the regulations established herein for the district in
ORDINANCE NO. 592
PAGE 5
(
which each building shall be located except as otherwise
permitted in this Ordinance by Variance.
D LOT COVERAGE
1. Maintenance of Yards, Courts and Other Open Spaces: The
maintenance of yards, courts, other open spaces and
minimum lot area legally required for a building shall
be a continuing obligation of the owner or his successor
in title of such building or of the property on which it
is located as long as the building is in existence.
Furthermore, no legally required yards, courts, other
open space or minimum lot area allocated to any building
shall (by virtue of change of ownership or for any other
reason), be used to satisfy yard, court, other open space
or minimum lot area requirements for any other building.
2. Division of Lots: No improved lot shall hereafter qe
divided into two (2) or more lots unless all improved
lots resulting from each division shall conform with all
the applicable regulations of the district in which the
property is located.
3. Location of Required Open Space: All yards, courts and
other open spaces allocated to a building or dwelling
group shall be located on the same lot as such building
or dwelling group except as permitted in an approved
Planned Development (PD).
E LOT AREA AND DIMENSION
When two (2) or more parcels of land (each of which lacks
adequate area and dimension to qualify for a permitted use
under the requirements of the use district in which they are
located) are contiguous and are held in one ownership, they
shall be used as one lot for such use.
F ACCESS TO PUBLIC STREET
Except as otherwise provided for herein by Planned
Developments (PD), every residential building shall be
constructed or erected upon a lot or parcel of land which
abuts upon a public street unless access by means of a
permanent recorded easement is approved by the City.
G NUMBER OF BUILDINGS ON LOT
Except in the .case of a Planned Development (PD), not more
than one principal detached building shall be located on a
lot.
H EXISTING CONDITIONAL USES
ORDINANCE NO. 592
PAGE 6
(
Where a use is classified as a legal conditional use and
exists as a legal conditional use at the date of the adoption
of this Ordinance, it shall be considered a legal conditional
use without further action of the Commission or Council.
~ MODIFICATION OR AMENDMENT OF APPLICATION IN PROCESS
~ If notice of hearinq has not been mailed or published,
the applicant may make such chanqes as the Applicant
deems appropriate. The oriqinal schedule of hearinqs,
however, may not be capable of beina met. No additional
fees shall be required.
~ If notice of hearinq has been mailed or published and
the Applicant desires to amend, modify, or alter the
Application or any of the included desiqns, improvements,
drawinqs, specifications, etc., the Applicant shall first
discuss the chanqe with the Zonina Administrator. If,
in the sole discretion of the Zonina Administrator, the
chanqes do not substantially effect the interests of
those persons entitled to notice by mail, the Zonina
administrator may allow the chanqes to be made without
reauirinq that the Application be re-filed and re-
noticed. Alterations,. amendments, or modifications that
increase the amount of land or chanqe the zonina
district, the use of the property, the density, increase
the impact on surroundinq propertv, ete ., shall be
considered as substantial chanqes and shall require the
Application to be refiled and re-noticed. If the
Application does not need to be re-filed or re-noticed
no additional filinq fees shall be required. If the
Application is required to be re-noticed additional fees
for re-mailinq and republication shall be required. If
the Application is required to be re-filed an additional
filinq fee shall be required.
;;L.. MODIFICATION OR AMENDMENT OF APPROVED APPLICATION OR USE
All Applications for arnendment~ alteration or modification of
an ap~roved Application or use shall be treated as an initial
Application and must be processed in the same fashion and
under the same procedures as an initial application."
SECTION 6: That Section 11-2-408 B. of the Zoning
Ordinance is hereby repealed.
SECTION 7: That Section 11-2-408 B. of the Zoning
Ordinance is hereby reenacted and shall read as follows:
ORDINANCE NO. 592 PAGE 7
(
"1. (R-2) RURAL LOW DENSITY RESIDENTIAL DISTRICT: The purpose
of the (R-2) District is to permit the establishment of
rural low density single-family dwellings, and to
delineate those areas where predominately rural
residential development has, or is likely to occur in
accord with the Comprehensive Plan of the City, and to
protect the integrity of rural residential areas by
prohibiting the intrusion of incompatible non-residential
uses. The (R-2) District allows for a maximum of two (2)
dwelling units per acre and requires connection to the
Municipal Water and Sewer systems of the City of
Meridian.
2. (R-3) RURAL MEDIUM DENSITY RESIDENTIAL DISTRICT: The
purpose of the (R-3) District is to permit the
establishment of rural medium density single-family
dwellings, and to delineate those areas where
predominately medium density rural residential
development has, or is likely to occur in,accord with
the Comprehensive Plan of the City, and to protect the
integrity of medium density rural residential areas by
prohibiting the intrusion of incompatible non-residential
uses. The (R-3) District allows for a maximum of three
(3) dwelling units per acre and requires connection to
the Municipal Water and Sewer systems of the City of
Meridian.
3. (R-4 ) Low Densi tv Residential District: Only Single
Family Dwel.lings shall be permitted and no conditional
uses shall be permitted except for Planned Residential
Development and public schools. The purpose of the (R-
4) District is to permit the establishment of low density
single-family dwellings, and to delineate those areas
where predominately residential development has, or is
likely to occur in accord with the Comprehensive Plan of
the City, and to protect the integrity of residential
areas by prohibiting the intrusion of incompatible non-
residential uses. The (R-4) District allows for a
maximum of four (4) dwelling units per acre and requires
connection to the Municipal Water and Sewer systems of
the City of Meridian.
4. (R-8) Medium Densitv Residential District:
The purpose of the (R-8) Districts is to
permit the establishment of single and two (2)
family dwellings at a density not exceeding
eight ( 8 ) dwelling units per acre. This
district delineates those areas where such
development has or is likely to occur in
accord with the Comprehensive Plan of the City
and is also designed to permit the conversion
of large homes into two (2) family dwellings
ORDINANCE NO. 592
PAGE 8
I-
I
in well-established neighborhoods of
comparable land use. Connection to the
Municipal Water and Sewer systems of the City
of Meridian is required.
5. (R-15) Medium Hiqh Densitv Residential District: The
purpose of the (R-15) District is to permit the
establishment of medium-high density single-family
attached and multi-family dwellings at a density not
exceeding fifteen (15) dwelling units per acre. All such
districts must have direct access to a transportation
arterial or collector, abut or have direct access to a
park or open space corridor, and be connected to the
Municipal Water and Sewer systems of the City of
Meridian. The predominant housing types in this district
will be patio homes, zero lot line single-family
dwellings, town houses, apartment buildings and
condominiums.
6. (R-40) Hiqh Densitv Residential District: The purpose
of the (R-40) District is to permit the establishment of
high density residential uses at a density not exceeding
forty (40) dwelling units per acre. Connection to the
Municipal Water and Sewer Systems of the City of Meridian
is required.
7. (L-O) Limited Office District: The purpose of the (L-O)
District is to permit the establishment of groupings of
professional, research, executive, administrative,
accounting, clerical, stenographic, public service and
similar uses. Research uses shall not involve heavy
testing operations of any kind or product manufacturing
of such a nature to create noise, vibration or emissions
of a nature offensive to the overall purpose of this
district. The L-Q District is designed to act as a
buffer between other more intense non-residential uses
and high density residential uses, and is thus a
transitional use. Connection to the Municipal Water and
Sewer System of the City of Meridian is a requirement in
this district.
8. (C-Nl Neiqhborhood Business District: The purpose of
the (C-N) District is to permit the establishment of
small scale convenience business uses which are intended
to meet the daily needs of the residents of an immediate
neighborhood (as defined by the policies of the Meridian
Comprehensive Plan); to encourage clustering and
strategic' siting of such businesses to provide service
to the neighborhood and avoid intrusion of such uses into
the adjoining residential districts. All such districts
shall give direct access to tr~nsportation arterial or
collectors, be connected to the Municipal Water and Sewer
ORDINANCE NO. 592
PAGE 9
f
\
systems of the City of Meridian, and shall not constitute
all or any part of a strip development concept.
9. fe-C) Community Business District: The purpose of the
(C-C) District is to permit the establishment of general
business uses that are of a larger scale than a
neighborhood business, and to encourage the development
of modern shopping centers wi th adequate off-street
parking facilities, and associated site amenities to
serve area residents and employees; to prohibit strip
commercial development and encourage the clustering of
commercial enterprises. All such districts shall have
direct access to a transportation arterial and collector
and be connected to the Municipal Water and Sewer systems
of the City of Meridian.
10. (RSC) Reqional Shopoinq Center Business District: The
purpose of the (RSC) District is to provide for aI?-d
permit the establishment of general and retail business
uses that are intended to, and will serve, the entire
region of the Treasure Valley; to permit business uses
that would be of a larger scale than in the Community
Business District; to permit the development of a
regional shopping center or mall with adequate off-street
parking facilities and associated site amenities to serve
customers and employees; to prohibit strip commercial and
encourage the clustering of regional commercial
enterprises. All such districts shall be located in
close proximity to major highway or principal arterial
streets. All such districts shall be connected to the
Municipal Water and Sewer systems of the City of
Meridian.
11 . ( C-G) General Retail and Service Commercial: The purpose
of .the (C-G) District is to provide for commercial uses
which are customarily operated entirely or almost
entirely within a building; to provide for a review of
the impact of proposed commercial uses which are auto and
service oriented and are located in close proximity to
major highway or arterial streets; to fulfill the need
of travel-related services .as well as retail sales for
the transient and permanent motoring public. All such
districts shall be connected to the Municipal Water and
Sewer systems of the City of Meridian, and shall not
constitute strip commercial development and encourage
clustering of commercial development.
12. (OT) Old Town District: The purpose of the (OT) District
is to accommodate and encourage further expansion of the
historical core of the community; to delineate a
centralized activity center and t.o encourage its renewal,
revitalization and growth as the public, quasi-public,
ORDINANCE NO. 592
PAGE 10
cultural, financial and recreational center of the City.
A variety of these uses integrated with general business,
medium-high to high density residential, and other
related uses is encouraged in an effort to provide the
appropriate mix of activities necessary to establish a
truly urban City center. The district shall be served
by the Municipal Water and Sewer systems of the City of
Meridian. Development in this district must give
attention to the handling of high volumes of traffic,
adequate parking, and pedestrian movement, and to provide
strip commercial development, and must be approved as a
conditional use, unless otherwise permitted.
13 . (TE ) Technical Distr ict : The purpose of the ( TE )
District is to permit and encourage the development of
a technological park, including research and development
centers, vocational and technical schools and compatible
manufacturing, and wholesale business establishmen~s
which are clean, quiet and free of hazardous materials
and that are operated entirely or almost entirely within
enclosed structures; to delineate an area of adequate
size to accommodate present and future compatible needs
on lands which are relatively free of improvements, well
sui ted for such use because of location, topography,
access and utility service potential, and relationship
to other land uses could render the district infeasible
for its intended use. The District must have direct
access on two (2 ) or more transportation arterial or
collectors,. designed to convey large volumes of traffic
through non-residential areas to major highways and
thoroughfares. It must also be in such proximity to
insure connection to the Municipal Water and Sewer
systems of the City of Meridian for domestic
requirements. The district is further designed to act
as a buffer between industrial and highway uses and other
less intensive business and residential uses, and to
provide an environmentally pleasing, safe and
aesthetically pleasing employment center for the
community and the region.
14. (I-L) Liqht Industrial: The purpose of the (I-L) Light
Industrial District is to provide for light industrial
development and opportunities for employment of Meridian
citizens and area residents and reduce the need to
commute to neighboring cities; to encourage the
development of 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 entirely or almost
entirely within enclosed structures; to delineate areas
best suited for industrial Qevelopment because of
location, topography, existing facilities and
ORDINANCE NO. 592
PAGE 11
relationship to other land uses. This district must also
be in such proximity to insure connection to the
Municipal Water and Sewer systems of the City of
Meridian. Uses incompatible with light industry are not
permitted, and strip development is prohibited.
15. eM) Mineral Extractinq & Processinq District: The
purpose of the (M) District is to delineate those areas
with known mineral resources and to set aside such land
for the extraction, processing and storage of mineral
resources. This district is designed to assure that the
intrusion on non-compatible land uses does not preclude
the extraction and processing of said minerals, and to
assure that the extraction of these resources is so
managed and the land reclaimed in such a .manner that no
hazard or nuisance be created which either immediately
or in the future may adversely affect the health, safety
or general welfare of the community. Mineral extractioIl,
processing and storage may be conducted only in this
district, and a land reclamation plan must be prepared
and approved prior to any extraction. Development in
this district must connect to City water and sewer.
16. (FP) Floodplain Overlay District: The purpose of the
(FP) District is to guide development in the flood prone
areas of any watercourse that is consistent with the
requirements for the conveyance of flood flows, and to
minimize the expense and inconveniences to the individual
property owners and the general public through flooding.
Uses permitted in this district are generally associated
with open space, recreational and agricultural land uses
and shall not hinder the movement of the flood waters.
(The (FP) district is superimposed over the other
districts. )
17. (MUR) Mixed Use Review Areas: Those areas which, because
of their unique location and varied potential need to be
planned as a whole, have been designated in the Meridian
Comprehensive Plan as Mixed Use Review Areas. These
areas shall be developed as Planned Development General
(PDG), and must be approved as a conditional use.
18. (FTZ) Foreign Trade Zone: The purpose of the Foreign
Trade Zone is to permit the establishment of an area that
is, or will be, in the Foreign Trade Zone as granted by
the Foreign Trade Zones Board to the City of Meridian.
Land in this district may include areas, because of their
unique location or nearness to the Foreign Trade Zone and
potential to be integrated into .the Foreign Trade Zone,
need to be limited in the uses to which they may be put.
ORDINANCE NO. 592
PAGE 12
(
Uses in this zone must be approved under the design
review process.
19. (S-FTZ) SUB-FOREIGN TRADE ZONE: The purpose of the Sub-
Foreign Trade Zone is to permit the establishment of an
area or areas that are not in the Foreign Trade Zone as
granted by the Foreign Trade Zones Board to the City of
Meridian but are areas, the uses of which have, or may
have, an adverse impact on the Foreign Trade Zone or the
uses contained therein. Land in this district may
include areas located adjacent or near the Foreign Trade
Zone and the uses need to be limited so as not to cause,
or potentially cause, adverse impact on the Foreign Trade
Zone or the uses contained therein. Uses in this zone
mast be approved under the conditional use process. II
SECTION 8:
That Section 11-2-409, Zoning Schedule of Use
Control, Commercial, of the Zoning Ordinance of the City of
Meridian is hereby repealed.
SECTION 9.
That Section 11-2-409, Zoning Schedule Of Use
Control B, Commercial, of the .Zoning Ordinance of the City of
Meridian is hereby re-enacted and shall read as follows:
2-409 ZONING SCHEDULE OF USE CONTROL B, COMMERCIAL (SEE
ATTACHED ZONING SCHEDULE OF USE CONTROL AS EXHIBIT nAn)
SECTION 10:
That Section 11-2-410, Zoning Schedule Of Bulk
and Coverage Controls, A, of the Zoning Ordinance of the City of
Meridian is hereby repealed.
SECTION 11.
That Section 11-2-410, Zoning Schedule Of Bulk
and Coverage Controls, A, of the Zoning Ordinance of the City of
Meridian is hereby re-enacted and shall read as follows:
2-410 ZONING SCHEDULE OF BULK AND COVERAGE CONTROLS, A,
(SEE ATTACHED ZONING SCHEDULE OF USE CONTROL AS EXHIBIT
"B")
SECTION 12:
That Section 11-2-411, RESIDENTIAL HOUSING
STANDARDS is hereby repealed.
ORDINANCE NO. 592
PAGE 13
(
SECTION 13.
That Section 11-2-411, RESIDENTIAL HOUSING
STANDARDS is hereby re-enacted and shall read as follows:
"RESIDENTIAL HOUSING STANDARDS
A.
All new residential housing built in the City of Meridian
shall comply with the most recent edition of the Department
of Housing and Urban Development Minimum Property Standards,
the Uniform Building Code, and the State of Idaho regulatory
agencies and the Ordinances, Resolutions and Policies of the
City of Meridian, and see Subdivision Ordinance Section 9-601,
et al. ~
B.
All new residential housing developments in the City of
Meridian shall be designed to insure compatibility with
adjacent existing and/or proposed developments.
c.
All new residential housing.developments in Meridian shall be
subject to design review to insure that the proposed housing
units are within an established area of community housing need
as defined by the Meridian City Housing Plan which includes
the HUD Housing Inventory and Housing Goals and the objectives
of the Meridian Comprehensive Plan.
D. SINGLE-FAMILY (R-2, R-3, R-4, R-8, R-15) DETACHED
HOUSING SQUARE FOOTAGE REQUIREMENTS
1. All new single-family detached housing in Zones R-2 and
R-3 shall be constructed to contain at least one thousand
five hundred (1,500) square feet of living space (garage
not to be included in determining living space) and all
new single-family detached housing in the R-4 District
shall be constructed to contain at least one thousand
four hundred (1,400) square feet of living space (garage
not to be included in determining living space).
2. All new single-family detached housing in Zones R-8 and
R-15 shall be constructed to contain at least one
thousand three hundred one (1,301) square feet of living
space (garage not to be included in determining living
space) unless there is dispersed among the new
residential development houses of varying sizes. The
following schedule shall set the percentages and
accompanying sizes that shall exist in all new
residential developments in the above two zone districts
ORDINANCE NO. 592
PAGE 14
(
(
of R-8 and R-15, except for those containing houses, all
of which will contain one thousand .three hundred one
(1,301) square feet or more. The below schedule is a
minimum schedule and houses of larger sizes may occupy
a larger percentage than set forth below:
a. No single-family detached houses may be constructed
in an R-8 or R-15 residential development which are
less than one thousand (1,000) square feet;
b. Ten percent 10% of the single-family detached houses
in an R-8 or R-15 development may be between one
thousand one (1,001) square feet and one thousand
one hundred (1,100) square feet;
c. Fifteen percent (15%) of the single-family detached
houses in an R-8 or R-15 development may be between
one thousand one hundred one square feet (1,10~)
and one thousand two hundred (1,200) square feet;
d. Twenty-five percent (25%) of the single-family
detached houses in an R-8 or R-15 development may
be between one thousand two hundred one ( 1 , 201 )
square feet and one thousand three hundred (1,300)
square feet;
e. Fifty percent (50%) of the single-family detached
houses in an R-8 or R-15 development may be larger
than one thousand three hundred one (1,301) square
feet.
3. All single-family detached houses in the R-8 or R-15
districts below one thousand three hundred one (1,301)
square feet shall be interspersed uniformly through the
entire development.
4. All single-family detached dwelling houses in all
residential districts which have multi-stories shall have
a minimum of eight hundred (800) square feet of living
space on the ground floor.
E.
All new residential housing development plats shall have the
individual lots marked showing the minimum size house that
can be constructed thereon, and no plat shall be recorded
henceforth without such indication clearly shown thereon.
F.
That prior -to the enactment of Ordinance 383 on January 5,
1981, most residential developments and plats were approved
ORDINANCE NO. 592
PAGE 15
by the City of Meridian with a minimum housing size of one
thousand three hundred fifty (1,350) square feet being
contained in the restrictive covenants of the subdivision.
This Section shall not have the effect of removing that one
thousand three hundred fifty (1,350) square foot restriction.
If an owner or owners of a subdivision desire to have the
capability to construct some houses of less than one thousand
three hundred (1,300) square feet, they shall come before the
City Council with an amended plat showing each lot and the
minimum size house that can be built thereon clearly shown.
Said change in the plat shall not be considered a new platting
for purpose of platting procedures, and only the City Council
need act on such request, but one hearing must be held on such
request with fifteen (15) days' prior notice being published
in the -official City newspaper and with notice being forwarded
by certified mail, return receipt requested, to all property
owners in the subdivision and to all property owners within
three hundred feet (300') of the external boundaries of tne
, subdivision. After approval by the City Council,. the amended
plat shall be recorded clearly showing the minimum house size
that can be constructed on each lot. PROVIDED HOWEVER, this
subsection F. shall only apply in the R-8 and R-15 zones.
G.
That the requirements of 2-411 D shall not apply to any
residential housing development that was not initially
restricted to a minimum house size.
H. GARAGES
That all single-family detached housing units shall have a
garage capable of housing at least two (2 ) standard size
automobiles, at a minimum.
I. DUPLEX MINIMUM SIZE AND GARAGE REQUIREMENT
Each unit of all duplexes constructed after the effective date
of this section shall have a minimum living space of EIGHT
HUNDRED (800) square feet and each unit of a duplex shall have
a garage capable of housing at least two (2) standard sized
automobiles, at a minimum.
J . MANUFACTURED HOUSING: The intent of this sub-section is
to establish standard and regulation governing the location
and approval of manufactured housing in the City of Meridian
and that these regulations allow a mix of "housing types";
however, this should occur in a manner which will not
adversely affect existing neighborhoods. For this .reason,
standards have been set that will regulate the appearance of
the manufactured home, allowing only those that are acceptably
similar in appearance to site-built dwellings on individual
ORDINANCE NO. 592
PAGE 16
lots in some residential zoning districts.
a. Manufactured homes shall be considered single-family
dwellings within the R-8, R-15, R-40 and Old Town zoning
districts of this Zoning Ordinance, provided such
structures meet the development standards for
manufactured homes on individual lots. ( Subsection B
hereof).
b. Development standards for manufactured home on an
individual lot area are as follows:
1. Shall consist of more than one section, shall be at
least twenty feet (20') feet wide, and shall have
a minimum floor area of five hundred (500) square
feet per section.
2 . Shall have a nonmetallic, wood shake or asphal t
shingle roof with a minimum slope of .( 3: 12) and a
minimum six inch ( 6 " ) eave, or gutter and eave
attached to the entire perimeter of the roof.
3. Shall have simulated wood or wood siding.
4. Shall have a masonry or concrete foundation which
surrounds the entire perimeter of the structure and
completely encloses the space between the siding and
the finished grade.
5. Shall be permanently affixed, with the running gear
and towing hitch removed, to a foundation base
having an anchoring system that is totally concealed
under the structure.
6. Shall obtain a building permit from the Building
Department to insure that the manufactured home is
assembled on-site to standards regulating the
anchoring of the structure to its foundation and
other building requirements.
7. Shall comply with all other applicable requirements
of this Zoning District in which the manufactured
home is located, such as lot size and setback
requirements.
8. Shall comply with the Flood Plain provisions of this
Zoning Ordinance relating to the location of mobile
homes in floodplain areas and any other applicable
requirement of this Zoning Ordinance.
9. Shall have a garage that can house two standard size
automobiles, and which garage is not used to determine
ORDINANCE NO. 592
PAGE 17
(
the size of the manufactured house to meet the minimum
square footage of 1,000 square feet.
c. Development standards for an accessory structure to a
manufactured home on an individual lot are as follows:
Attached accessory structure, as permitted in the zoning
district for which the manufactured home is to be
located, shall be similar in material and integrated into
the design of the manufactured home. Accessory
structures must meet the Uniform Building Code Standards.
d. Administration and Enforcement: Application for approval
of manufactured housing on individual lots shall be
submitted to the Administrator on a standard prescribed.
In addition to such information as is generally required
for zoning permits, such applications shall also include
all information necessary to determine the manufactured
home's conformity with subsection B hereof," development
standards for a manufactured home on an individual lot.
Applicant shall sign and certify the application and
provide any additional information necessary to verify
such structure does meet the standards of subsection B
hereof prior to moving the structure to the building
site. The Meridian Building Department, following
issuance of a building permit and upon inspection of the
site for the attachment of the structure to a foundation
base, shall verify to the Administrator in writing that
all standards of subsection B hereof, paragraphs 1 - 6
have been met, as certified in the signed application
form.
e. All manufactured houses meeting the requirements of this
Section shall be deemed to be, and shall be treated as,
real property and shall be taxed as such and not as
personal property."
SECTION 14:
That Section 11-2-416 is hereby repealed.
SECTION 15:
That Section 11-2-416 of the Zoning Ordinance
is hereby re-enacted and shall read as follows:
"ZONING AMENDMENT PROCEDURES
A GENERAL PROCEDURES
When the public necessity, convenience, general welfare or
zoning and development practice require, the Council (by
ordinance, after receipt of recommendation from the Commission
and subject to procedures provided by law) may amend,
supplement, change, or repeal the regulations, restrictions,
ORDINANCE NO. 592
PAGE 18
and boundaries or classifications of property as well as the
regulations and provisions of this Ordinance. Zoning
amendments may consist of text or map revisions.
B INITIATION OF ZONING AMENDMENTS
Zoning amendments to this Ordinance may be initiated in one
of the following ways:
1. By adoption of recommendation by the Commission.
2. By adoption of a motion by the Council; and
3. By the filing of an application by a property owner or
a~person who has existing interest in property within
the area proposed to be changed or affected by said
amendment with the Administrator.
, An applicant requesting a zoning. amendment of a parcel may
initiate the amendment request at the same time as the
development request.
C CONTENTS OF ZONING AMENDMENT APPLICATIONS
Zoning amendment applications
following information where
available from Administrator.)
shall contain
applicable.
at least the
(Application
1. Name, addre.ss and phone number of applicant;
2 . Name, address and phone number of owner of subj ect
property, and proof of title in said owner;
3. Notarized request for zoning amendment from titled owner,
successor of said owner, or valid title option holder or
contract purchaser with consent from the titled owner if
not requested by the titled owner;
4. Legal description of pro~erty;
5. Legal description of all adjoining rights-af-way,
railroads, roadways, highways and easements the full
length of the property;
6. Present land use;
7. Proposed land use;
8. Present district;
9. Proposed district;
ORDINANCE NO. 592
PAGE 19
10 . Characteristics of subject property which make the zoning
amendment desirable;
11. Necessity or desirability of development pertaining to
the zoning amendment and its harmony with adjacent
development;
12. One map of scale one inch (1") equals one hundred feet
(100') of the property concerning the zoning amendment;
13. Twenty-seven (27) copies of a vicinity map of scale of
one inch (1") equals three hundred feet (300');
14. A list of the mailing addresses of all property owners,
from authentic tax records of Ada County, who are within
three hundred feet (300') of the external boundaries of
the land being considered, and all property owners
included within the property being considered;
15. A statement of how the proposed zoning amendment relates
to the Meridian Comprehensive Plan; and
16. A fee as established by the Council.
D TRANSMITTAL TO COMMISSION
Districts shall be amended in the following manner:
1. Requests for a zoning amendment shall be submitted to
the Commission which shall evaluate the request to
determine the extent and nature of the said zoning
amendment;
2. If the adoption of a zoning amendment application
requires an amendment to the Meridian Comprehensive Plan,
the Meridian Comprehensive Plan shall be amended prior
to the consideration of the zoning amendment and the
procedures provided in Chapter 65, Title 67, Idaho Code,
shall be followed on the amendment to the Comprehensive
Plan and, until the Comprehensive Plan is amended to
allow the zoning amendment,. no action will be taken on
the zoning amendment.
E PROCEDURES
1. The applicant shall provide the City Clerk with the names
and addresses of property owners within three hundred
feet (300') of the external boundaries of the land being
considered, and any additional area that may be impacted
by the said application, as determined by the Zoning
Administrator and the applicant. shall deliver a sworn
notarized statement that the list of property owners are
ORDINANCE NO. 592
PAGE 20
(
the owners of the property as shown by the records of the
Ada County Assessor; one week prior to the hearing set
pursuant to 11-2-416 E.2.b., applicant shall post a copy
of said notice of hearing of the application on the
property under consideration; and after the property has
been posted the applicant shall deliver to the Zoning
Administrator a notarized statement that he has posted
the property and the date the posting was placed.
2. The Commission Shall:
a. Give notice of the hearing, at least fifteen (15) days
prior to the hearing, by certified mail to property
owners within the land being considered and to owners
within three hundred feet (300') of the external
boundaries of the land being considered and any
additional area that may be impacted by said application
as determined by the Zoning Administrator. Said notice,
by certified mail, must be deposited with the united
States Post Office at least fifteen (15) days prior to
the hearing and said notice shall contain a vicinity map
of the property, a brief statement of the nature of the
application, the name and address of the applicant. When
notice is required to two hundred (200) or more property
owners or residents, in lieu of the mail notification,
notice of the proceeding and hearing required hereby may
be given by publishing the notice for two (2) consecutive
weeks in the official newspaper of the City of Meridian
provided that the second notice appears ten (10) days
prior to the public hearing.
b. Prior to recommending an application, conduct at least
one public hearing in which interested persons shall have
'an opportunity to be heard. At least fifteen (15) days
prior to the hearing, notice of the time and place and
a summary of the application to be discussed shall be
published in the official newspaper or paper of general
circulation within the City of Meridian.
c. within forty five (45) days from the hearing, transmit
its recommendation to the Council with supportive
reasons. The Commission may, however, continue the
matter from meeting to meeting if it finds that it does
not have sufficient information to make a decision. The
Commission shall recommend that the application be
approved, approved with conditions or denied. The
Commission shall insure that any approval or approval
with conditions of an application shall be in accordance
with the Comprehensive Plan, this Ordinance and State
law.
F TRANSMITTAL TO COUNCIL
ORDINANCE NO. 592
PAGE 21
1. Hearinq: The Council shall conduct at least one public
hearing following the notice requirements contained in
11-2-416 E.2., and the Council having given notice as
required by 11-2-416 E.2.a. by ordinary first class mail.
2. Action: No action, including the giving and publication
of notice of public hearing, shall be taken by the
Council until the Commission has made its recommendation
to the Council. After receipt of the recommendation,
the giving of public notice of the hearing required in
2-416 F 1., and the holding of said hearing, the Council
shall approve, approve with conditions or deny the
· application with supportive reasons. If the Council
finds that it does not have sufficient information to
make a decision, it may continue the matter from meeting
to meeting. The Council action to approve, approve with
conditions or deny shall be made within seventy (70) days
after it has all the information to make its decision or
seventy ( 70) days from the last meeting where the
application is considered if it does not state that it
needs more information. In the event the Council shall
approve or approve with conditions the zoning amendment
application, the Council shall insure that said
application is in accor"dance with the Comprehensive Plan,
this Ordinance and State law. Said application shall
thereafter be made a part of this Ordinance upon
preparation and passage of a zoning amendment ordinance.
G APPEALS OF ACTION OF COMMISSION AND COUNCIL
1. Appeals of Action of Commission: Appeals of the action
of the Commission concerning the Administration of this
Ordinance may be taken by any aggrieved person. All
appeals shall be filed with the Council within fifteen
(15) days after the action of the Commission and shall
specify the grounds upon which the appeal is filed. Upon
receipt of an appeal of the action of the Commission, the
Council shall reach a decision to uphold or overrule the
action of the Commission". The Council may uphold the
action of the Commission by vote of a simple majority of
the entire membership of the Council. The Council may
overrule the action of the Commission by a vote of a
majority of the entire membership of the Council. No
public hearing shall be held on an appeal to the Council.
If the appeal is denied, the applicant may appeal the
Council's decision pursuant to 2-416 G 2. If the appeal
is granted, the Council shall send the matter back to the
Commission for further consideration and findings in
light of the Council decision. The matter shall then be
processed through the application process as if there had
been no appeal.
ORDINANCE NO. 592
PAGE 22
(
2. Appeals of Action of Council: Appeals to the action of
the Council concerning the administration of this
Ordinance may be taken by any aggrieved person. Within
thirty (30) days after notice of the Council action has
been given to the applicant pursuant to 2-416 I (and
after all remedies have been exhausted under this
Ordinance), an aggrieved person may seek judicial review
of the Council's action under provisions provided by
Section 67-5215(b) through (9) and 67-5216, Idaho Code.
H STAY OF PROCEEDINGS
An appeal stays all proceedings in furtherance of the action
taken unless the Administrator certifies to the Council (after
notice of appeal is filed) that by reason of facts stated in
the application, a stay would, in his opinion, cause imminent
peril to life and property. In such case, proceedings sha~l
, not be stayed other than by a restraining order .which may be
granted by the Councilor by a court based upon an
application, with notice showing due cause.
I NOTIFICATION OF APPLICANT
within ten (10) days after" a decision has been rendered by
the Council, the Administrator shall communicate to the
aggrieved applicant of the Council's decision relative to the
appeal.
J SUPPLEMENTARY CONDITIONS AND SAFEGUARDS (APPEALS)
In granting an appeal, the Council may prescribe appropriate
conditions and safeguards in conformity with this Ordinance.
Violation of such conditions and safeguards when made a part
of the terms under which the appeal is granted shall be deemed
a violation of this Ordinance.
K GENERAL STANDARDS APPLICABLE TO ZONING AMENDMENTS
The Commission and Council shall review the particular facts
and circumstances of each proposed zoning amendment in terms
of the following standards and shall find adequate evidence
answering the following questions about the proposed zoning
amendment:
1. will the new zoning be harmonious with and in accordance
with the Comprehensive Plan and, if not, has there been
an application for a Comprehensive Plan amendment;
2. Is the area included in the zoning amendment intended to
be rezoned in the future;
ORDINANCE NO. 592
PAGE 23
3. Is the area included in the zoning amendment intended to
be developed in the fashion that would be allowed under
the new zoning -- for example, a residential area turning
into commercial area by means of conditional use permits;
4. Has there been a change in the area or adjacent areas
which may dictate that the area should be rezoned. For
example, have the streets been widened, new railroad
access been developed or planned or adjacent ar-ea being
developed in a fashion similar to the proposed rezone
area;
5 . will the proposed uses be designed, constructed, operated
, and maintained to be harmonious and appropriate in
appearance with the existing or intended character of the
general vicinity and that such use will not change the
essential character of the same area;
6. will the proposed uses not be hazardous or disturbing to
existing or future neighboring uses;
7. will the area be served adequately by essential public
facilities and services such as highways, streets, police
and fire protection, drainage structures, refuse
disposal, water, sewer or that the person responsible
for the establishment of proposed zoning amendment shall
be able to provide adequately any of such services;
8. will not c.reate excessive additional requirements at
public cost for public facilities and services and will
not be detrimental to the economic welfare of the
community;
9 . will the proposed uses not involve uses, acti vi ties,
processes, materials, equipment and conditions of
operation that will be detrimental to any persons,
property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or
odors;
10. Will the area have vehicular approaches to the property
which shall be so designed as not to create an
interference with traffic on surrounding public streets;
11. will not result in the destruction, loss or damage of a
natural or scenic feature of major importance; and
12. Is the proposed zoning amendment in the best interest of
the City of Meridian.
L. DEVELOPMENT AGREEMENT
ORDINANCE NO. 592
PAGE 24
(
If property is rezoned, the City may require or permit, as a
condition of the rezoning, that an owner or developer make a
written commitment concerning the use or development of the
subject property. If a commitment is required or permitted,
it shall be recorded in the office of the Ada County Recorder
and shall take effect upon the adoption of the ordinance
rezoning the property, or prior if agreed to by the owner of
the parcel. Unless the commitment is modified or terminated
by the City Council, the commitment shall be binding on the
owner of the parcel, each subsequent owner, and each other
person acquiring an interest in the property. A commitment
is binding on the owner of the property even if it is
unrecorded; however, an unrecorded commitment is binding on
subsequent owners and each other person acquiring an interest
in the property only if the subsequent owner .and each other
person acquiring an interest in the property has actual notice
of the commitment. The City Council is hereby authorized to
adopt, by resolution, rules governing the creation, forIfl,
,recording, modification, enforcement and termination of
commitments.
SECTION 16:
That Section 11-2-417 of the Zoning Ordinance
is hereby repealed.
SECTION 17:
That Section 11-2-417 of the Zoning Ordinance
is hereby re-enacted so that it reads as follows:
"ANNEXATION AND ZONING UPON ANNEXATION
A. Prior to annexation of an unincorporated area, the
Council shall request and receive a recommendation from
the Planning and Zoning Commission on the proposed
annexation and the proposed zoning for the annexed area.
The Commission, the City, the applicant, and the Council
shall follow the notice and hearing procedures provided
in Section 11-2-416, Zoning Amendment Procedures.
Provided, however, that the final decision of the Council
shall not be appealable since such decision is a
legislative function even- though the procedure is
designed to be quasi-judicial in nature and provides due
process to the applicant. The application for annexation
shall include a request for a zoning designation and,
upon annexation, the property shall be zoned; however,
procedurally, the property shall be deemed to have been
annexed prior to being zoned and for appeal rights, there
can be no "appeal from the zoning decision if the property
is not first annexed. If the annexation shall
necessitate and amendment to the Comprehensive Plan, the
Commission shall advise the ~pplicant to request a
Comprehensive Plan Amendment prior to further
ORDINANCE NO. 592
PAGE 25
(
consideration of the annexation. If the Commission and
Council approve an annexation request, the Commission and
Council shall insure that said annexation is in accord
with this Ordinance and the Comprehensive Plan.
B. An application for annexation and zoning shall be on a
form similar to a zoning application as set forth in 11-
2-416 C, and shall include the same information and any
other information deemed appropriate by the
Administrator, and the application shall specifically
include the payment of fees as established by the City
Council.
C. ' No property shall be annexed and zoned if it 1S not
within the Meridian Urban Service Planning Area as set
forth in the Meridian Comprehensive Plan. An application
for annexation and zoning of land not within the Meridian
Urban Service Planning Area may be submitted to the Ci~y
if it is accompanied by an Application to amend the
Meridian Comprehensive Plan to change the Meridian Urban
Service Planning Area to have the land for which
annexation has been applied for included in the Meridian
Urban Service Planning Area. The application to amend
the Comprehensive Plan and Meridian Urban Service
Planning Area must be processed and granted either
simultaneously or prior to the annexation application.
If the application to amend the Comprehensive Plan and
the Urban Service Planning Area is not granted the
annexation application shall not be granted.
D. If property is annexed and zoned, the City may require
or permit, as a condition of the zoning, that an owner
or developer make a written commitment concerning the
use or development of the subject property. If a
commitment is required or permitted, it shall be recorded
in the office of the Ada County Recorder and shall take
effect upon the adoption of the ordinance annexing and
zoning the property, or prior if agreed to by the owner
of the parcel. Unless the commitment is modified or
terminated by the City Council, the commitment shall be
binding on the owner of t.he parcel, each subsequent
owner, and each other person acquiring an interest in the
property. A commitment is binding on the owner of the
property even if it is unrecorded; however, an unrecorded
commitment is binding on subsequent owners and each other
person acquiring an interest in the property only if the
subsequent owner and each other person acquiring an
interest "in the property has actual notice of the
commitment.
E.
The City Council
resolution, rules
is hereby aQthorized to adopt, by
governing the creation, form,
ORDINANCE NO. 592
PAGE 26
recording, modification, enforcement and termination of
commitments.
SECTION 18:
That Section 11-2-418 is hereby repealed.
SECTION 19:
That Section 11-2-418 is hereby re-enacted and
shall read as follows:
"CONDITIONAL USE
A GENERAL
The Commission shall hold a public hearing on each Conditional
Use application. The Commission shall recommend approval, or
approve with conditions, or deny a Conditional Use application
under the conditions as herein specified and consider such
additional safeguards as will uphold the intent of this
Ordinance.
B CONTENTS OF CONDITIONAL USE APPLICATION
An application for a conditional use permit shall be filed
with the Administrator by the owner of the property for which
such conditional use is proposed. At a minimum the
application shall contain the following information:
(Application available from Administrator.)
1. Name, addre,ss and phone number of applicant.
2. Name, address and phone number of owner of subject
property.
3. Legal description of property.
4. Proof of ownership of subject property.
5. Description of existing use.
6. Present use of subject property.
7. Proposed use of the subject property.
8. The District that pertains to the subject property.
9. Thirty (30) copies of a vicinity map of a scale of one
inch equals three hundred feet (1" = 300').
10. Characteristics of subject property which make a
conditional use desirable.
11. A listing of the mailing addresses of all property owners
ORDINANCE NO. 592
PAGE 27
(
(
(from authentic tax records of Ada County) who are within
three hundred feet (300') of the external boundaries of
the land being considered, and a list of all owners
within the area being considered for a conditional use.
12. A fee established by the Council.
13 . A statement that the applicant or the user of the
property agrees to pay any additional sewer, water or
trash fees or charges, if any, associated with the use,
whether that use be residential, commercial or
industrial.
14. 'The application shall be verified by the applicant which
shall state that he has read the contents thereof and
verifies that the information contained therein is true
and correct.
C GENERAL STANDARDS APPLICABLE TO ALL CONDITIONAL USES
The Commission and Council shall review the particular facts
and circumstances of each proposed conditional use in terms
of the following and shall find adequate evidence showing that
such use at the proposed location:
1. Will, in fact, constitute a conditional use as determined
by City policy;
2. will be harmonious with and in accordance with the
Comprehensive Plan and this Ordinance;
3. will be designed, constructed, operated and maintained
to be harmonious and appropriate in appearance with the
existing or intended character of the general vicinity
and that such use will not change the essential character
of the same area;
4 . will not be hazardous or disturbing to existing or future
neighboring uses;
5. will be served adequately by essential public facilities
and services such as highways, streets, police and fire
protection, drainage structures, refuse dispos'al, water,
sewer or that the person responsible for the
establishment of proposed conditional use shall be able
to provide adequately any such services;
6. will not create excessive additional requirements at
public cost for public facilities and services and will
not be detrimental to the economic welfare of the
community;
ORDINANCE NO. 592
PAGE 28
7. will not involve uses, activities, processes, materials,
equipment and conditions of operation that will be
detrimental to any persons, property or the general
welfare by reason of excessive production of traffic,
noise, smoke, fumes, glare or odors;
8 . will have vehicular approaches to the property which
shall be so designed as not to create an interference
with traffic on surrounding public streets; and
9. will not result in the destruction, loss or damage of a
natural or scenic feature of major importance.
D SUPPLEMENTARY CONDITIONS AND SAFEGUARDS
In approving any Conditional Use, the Commission and Council
may prescribe appropriate conditions, bonds and safeguards in
conformity with this Ordinance. Violations of such
, conditions, bonds or safeguards, when made a part.of the terms
under which the Conditional Use is granted, shall be deemed
a violation of the Ordinance and grounds to revoke the
Conditional Use. The Commission and Council may prescribe a
set time period for which a Conditional Use may be in
existence.
E PROCEDURE FOR HEARING AND NOTICE
Prior to approving a Conditional Use Permit, the applicant
and the Commission and Council shall follow notice and hearing
procedures provided in Section 11-2-416, Zoning Amendment
Procedures, of this Ordinance. Provided however, that
Conditional Use applications for land in the Old Town and in
Industrial and Commercial Districts shall only be required to
have one public hearing which shall be held before the
Planning and Zoning Commission and after the recommendation
of the Commission is made the application shall go before the
City Council without a public hearing and Council may approve,
deny, or modify the recommendation of the Commission.
F ACTION BY THE COMMISSION
within forty-five (45) days from the hearing, the Commission
shall transmit its recommendations to the Council with
supportive reasons. The Commission may, however, continue
the matter from meeting to meeting if it finds that it does
not have sufficient information to make a decision. The
Commission shall recommend that the application be approved,
approved with conditions or denied. The Commission shall
insure that any approval or approval with conditions of an
application shall be in accordance with the Comprehensive
Plan, this Ordinance and State law.
ORDINANCE NO. 592
PAGE 29
G APPEAL OF COMMISSION ACTION
(See Section 2-416, Zoning Amendment Procedures.)
H ACTION BY THE COUNCIL
1.
Hearinq: (See
Procedures. )
Section
2-416,
Zoning Amendment
2. Upon granting of a Conditional Use Permit, conditions
may be attached to a Conditional Use Permit including,
but not limited to, those conditions which:
a. Minimize adverse impact on other development;
b. Control the sequence and timing of development;
c. Control the duration of development;
d. Assure that the development is maintained properly;
e. Designate the exact location and nature of the
development;
f. Require the provision for on-site public facilities
or services; and
g. Require more restrictive standards than those
generally required in this Ordinance.
3. Prior to granting a Conditional Use Permit, the Council
may request studies from the planning staff or public
agencies concerning the social, economic, fiscal or
environmental effects of the proposed conditional use.
A Conditional Use Permit shall not be considered as
establishing a binding precedent to grant other
Conditional Use Permits. A Conditional Use Permit is
not transferable from one (1) parcel of land to another.
I APPEAL OF COUNCIL ACTION
(For required procedures, see Section 2-416, Zoning Amendment
Procedures, of this Ordinance.)
J TRANSFERS
1. Old Town - Conditional Use Permits for land in Old Town
may be transferred from old owners to new owners or from
old occupants to new occupants or from like to like uses
by petitioning the Zoning Administrator for approval.
The Zoning Administrator may approve or deny the transfer
or refer it to the City Council for decision but no
public hearing shall be held. Appeals may be taken from
ORDINANCE NO. 592
PAGE 30
(
the Zoning Administrator to the Council.
2.. Non-Old Town - Conditional Use Permits for land in any
other district other than Old Town may be transferred
from old owners to new owners or old occupants to new
occupants for the same use for which the original
eondi tional use was granted by petitioning the City
Council. The City Council shall hold a public hearing
on the petition after notice of said hearing having been
mailed by certified mail to all property owners within
the subject land and to all property owners within three
hundred (300) feet of the external boundaries of the
subject land.
K. REVOCATION
All conditional use permits are subject to revocation by the
City Council. I f the City Council decides to revoke a
, conditional use, either on its own action or upon complaint
to the City Council, the City Council shall notify the permit
holder of its intention to revoke the conditional use permit
and provide the permit holder with the opportunity to contest
the revocation. If the permit holder contests the revocation
of the permit by delivering to the Zoning Administrator a
letter of contest, the Ci'ty shall hold a hearing on the
revocation. Fifteen days prior notice of the hearing shall
be given to the permit holder and all property owners within
three hundred (300) feet of the boundaries of the land which
was issued the permit. The City Council shall make findings
of facts and conclusions of law supporting its decision to
revoke the conditional use permit. If the City Council does
not decide to revoke the conditional use permit no findings
of facts and conclusions of law shall be made. An aggrieved
permit holder or complainant may appeal the decision of the
City Council under the Administrative Procedures Act of the
State of Idaho, Section 67-5215 (b) through (g), Idaho Code.
SECTION 19:
That Section 11-2-419 C. 2. of the Zoning
Ordinance is hereby repealed.
SECTION 20:
That Section 11-2-419 C. 2. of the Zoning
Ordinance is hereby re-enacted and shall read as follows:
"2. That strict compliance with the requirements of this
Ordinance would result in extraordinary hardship to the
owner, subdivider or developer because of unusual
topography, the nature or condition of adjacent
development, other physical conditions or other
conditions that make strict. compliance with this
Ordinance unreasonable under the circumstances, or that
ORDINANCE NO. 592
PAGE 31
(
the conditions and requirements of this Ordinance will
result in inhibiting the achievements or the objectives
of this Ordinance."
SECTION 21:
That Section 11-2-423 of the Zoning Ordinance
is hereby repealed.
SECTION 22:
That Section 11-2-423 of the Zoning Ordinance
is hereby re-enacted and shall read as follows:
"Pursuant to Idaho Code, 67-6527, a violation of this
Ordinance is hereby declared to be a misdemeanor and the
violator may be punished by a fine of up to three hundred
dollars ($300.00) for each such violation and may be
imprisoned for each violation for up to a maximum of six (6)
months in jail. In addition, whenever it appears to the Ci~y
Council that any person has engaged or is about to engage in
any act or practice violating any provision of this Ordinance,
the City Council may institute a civil action in the District
Court to enforce compliance with this Ordinance. Upon a
showing that a person has engaged or is about to engage in an
act or practice constituting a violation of this Ordinance,
a permanent or temporary injunction, restraining order or
other such relief as the Court deems appropriate may be
granted. The governing board shall not be required to furnish
any bond in said civil processing.
In addition to the above penal ties for violation of this
Ordinance, the City may also enforce the provisions of this
Ordinance with the enforcement and penalty provisions of the
Subdivision and Development Ordinance contained in 11-9-613."
SECTION 23:
That Section 11-9-601 C, JURISDICTION, of the
Subdivision and Development Ordinance is hereby repealed.
SECTION 24:
That Section 11-9-601 C, JURISDICTION, of the
Subdivision and Development Ordinance is hereby re-enacted and
shall read as follows:
"These regulations shall apply to the development of all land
within the legally defined Meridian city limits."
SECTION 25:
That Section 11-9-604 C 4. c., of the
Subdivision and Development Ordinance is hereby repealed.
SECTION 26:
That Section 11-9-604 C 4. c., of the
ORDINANCE NO. 592
PAGE 32
(
Subdivision and 'Development Ordinance is hereby re-enacted and
shall read as follows:
"The City shall notify all adjoining property owners of
hearings as required. See 2-9-604 C."
SECTION 27:
That Section 11-9-604 C 9. a., of the
Subdivision and Development Ordinance is hereby repealed.
SECTION 28:
That Section 11-9-604 C 9. a., of the
Subdivision and Development Ordinance is hereby re-enacted and
shall read as follows:
Ita. Notification to Property Owners - The City shall noti~y
all adjoining property owners by mailing, by certified
mail, notice of the hear ing to all property owners within
three hundred (300) feet of the proposed boundaries of
the subdivision."
SECTION 29:
That Section 11-9-604 H 1. a., of the
Subdivision and Development Ordinance is hereby repealed.
SECTION 30:
That Section 11-9-604 H 1. a., of the
Subdivision and Development Ordinance is hereby reenacted and shall
read as follows:
Ita. Thirty (30) folded copies of the final plat showing lot
arrangement and the other requirements and two copies of
the signature page of the final plat.
SECTION 31:
That Section 11-9-605 B. 3. a., Street and Road
Specification, Highwav and Street Tvpes, Collector Street, of the
Subdivision and Development Ordinance is hereby amended to read as
follows:
"a. Street Riqht-of-Wav Widths Shall comply with the
requirements of ACHD or any successor agency. Street
and road right-af-way widths shall conform to the adopted
major street plan or comprehensive development plan and
the rules af the State Department af Highways and the
Highway District or Department having jurisdiction.
Minimum right-af-way standards are as follows:
ORDINANCE NO. 592
PAGE 33
Hiqhway and Street Tvpes
widths
Expressway or Freeway. . . . . . . 160-260 feet
Major Arterial . . . . . . . . . . 80 feet
Minor Arter ial . . . . . . . . . . . . . . -&6- 80 feet
Collector Street .. .... . . . . . 60 feet
Minor Street . . . . . .. ...... 50 feet
Non-Continuous Residential Street. 40-46 feet
Section Line Roads .. . . . . 80 feet"
SECTION 32:
That section 11-9-605 M., PIPING OF DITCHES,
of the Subdivision and Development Ordinance is hereby repealed.
SECTION 33:
That Section 11-9-605 M., PIPING OF DITCHES,
of the Subdivision and Development Ordinance is hereby reenact~d
and shall read as follows:
"M. PIPING OF DITCHES
Tiling of irrigation ditches, laterals or canals. All
irrigation ditches, laterals or canals, exclusive of natural
waterways, intersecting, crossing or lying adjacent and
contiguous, or which canals, ditches or laterals touch either
or both sides of the area being subdivided, shall be covered
and enclosed wi.th tiling or other covering equivalent in
ability to detour access to said ditch, lateral or canal.
The City may waive this requirement for covering such ditch,
lateral or canal, if it finds that the public purpose
requiring such will not be served in the individual case.
Any covering program involving the distribution system of any
irrigation district shall have the prior approval of that
affected district. No subdivision plat shall be approved
where the subdivision is arbitrarily or artificially laid out
to avoid being adjacent to any irrigation ditch, lateral or
canal to which it would otherwise be naturally adjacent or
which it would otherwise naturally include.
In the tiling of any irrigation or drainage ditch not within
the jurisdiction of an irrigation or drainage district shall
be completed so as not to impede the movement of the amount
of water crossing the property in the open ditch prior to
development and the tiling of the ditch or canal. The
pipeline shall have a sloped bar-grated inlet structure and
access/clean out boxes at a maximum of 400 feet spacing and
at all angle points of the pipeline.
Where the ditch under consideration is. on the boundary between
the land being developed and adjacent land not owned by the
ORDINANCE NO. 592
PAGE 34
{"
developer or the owner of the land being developed, or is in
fact the boundary, the ditch shall still be tiled. The
developer shall attempt to obtain the permission of the
adjacent land owner to tile the ditch and attempt to have the
adjacent land owner share in the cost of the tiling. If the
adjacent land owner is unwilling to co-operate in sharing the
cost of the tiling but willing to allow the use of his land
for tiling, the developer shall tile the ditch at his sole
cost. If the adjacent land owner is unwilling to allow his
land to be used for purposes of tiling the ditch, the
developer may request the" City to condemn that part of the
adjacent land necessary to tile the waterway but the developer
shall be required to pay all of the cost of condemnation and
pay all of the costs of obtaining the adjacent land and all
of the cost of tiling the ditch, lateral or canal."
SECTION 34:
That Section 11-9-606, IMPROVEMENT STANDARDS,
A., ,RESPONSIBILITY FOR PLANS AND REQUIREMENTS, of the. Subdivision
and Development Ordinance is hereby repealed.
SECTION 35:
That Section 11-9-606, IMPROVEMENT STANDARDS,
A., RESPONSIBILITY FOR PLANS AND" REQUIREMENTS, of the Subdivision
and Development Ordinance is hereby reenacted and shall read as
follows:
"A. RESPONSIBILITY FOR PLANS
It shall be the responsibility and liability of every
subdivider, and the owner of the land being subdivided, to
construct and install every improvement shown on the plat of
the subdivision, represented to be included in the subdivision
at any presentation before the Planning and Zoning Commission
or the City Council, and all improvements required by the
Ordinances of the City of Meridian, specifically including the
requirements of this Subdivision and Development Ordinance,
and this responsibility and liability shall be personal to the
developer and the owner and shall also run with the land, and
this responsibility and liability shall be shown on the plat
of the subdivision. That the City may withhold building,
electrical, or plumbing permits, zoning certificates, or
certificates of occupancy on the lots or land being
subdivided, or the homes constructed thereon, if the
improvements required under this section or the Subdivision
and Development Ordinance have not been constructed or
installed, or if such improvements are not functioning
properly. The developer and the own~r shall also be subject
to the penalties of the Subdivision and Development Ordinance
ORDINANCE NO. 592
PAGE 35
also."
SECTION 36:
That section 11-9-606 B, IMPROVEMENTS, PUBLIC,
14., Pressurized Irriqation System, of the Subdivision and
Development Ordinance is hereby repealed.
SECTION 37:
That Section 11-9-606 B, IMPROVEMENTS, PUBLIC,
14., Pressurized Irriqation System, of the Subdivision and
Development Ordinance 18 hereby re-enacted and shall read as
follows:
"14. Pressurized irriqation system - In each subdivision the
subdivider shall provide by underground tile, or oth~r
satisfactory underground conduit, pressurized irrigation
water to each and every lot within the subdivision; the
pressurized irrigation system shall be constructed and
installed at the same time as the domestic water lines,
but shall not necessarily be in the same trenches; there
shall be no cross-connections between the domestic water
lines and the irrigation water lines that do not comply
with Section 5-143 of the Revised and Compiled Ordinances
of the City of Meridian; all such pressurized irrigation
water systems shall be approved by the City Engineer,
Provided however, that the requirements of this
subsection may be waived upon proof that any particular
lot, parcel or piece of land does not have water rights
in an existing irrigation district.
Also, the above requirement may be waived if the
subdivider either 1) deeds to the City land for a well,
drills the well and places the well on line with the City
water system, including the necessary pumps, piping,
valves, pressure equipment, and all other equipment
necessary, and which well depth and capacity are
determined by the City; or 2) the subdivider deposits,
gives and grants sufficient funds with the City to
purchase all necessary equipment to put the well on line
with the City water system. In many subdivisions the
latter option may be preferable to the City so that the
City may combine funds to drill and equip one large well
to service several subdivisions, rather than have several
smaller wells of less capacity."
SECTION 38:
That section 11-9-612 A. 2. b., of the
Subdivision and Development Ordinance is hereby repealed.
ORDINANCE NO. 592
PAGE 36
SECTION 39:
That Section 11-9-612 A. 2. b., of the
Subdivision and Development Ordinance is hereby re-enacted and
shall read as follows:
"b. That strict compliance with the requirements of this
Ordinance would result in extraordinary hardship to the
subdivider because of unusual topography, the nature or
condition of adjacent development, other physical
conditions or other conditions that make strict
compliance with this Ordinance unreasonable under the
circumstances, or that the conditions and requirements
Jof this Ordinance will result in inhibiting the
achievement or objectives of this Ordinance."
, SECTION 40:
That Section 11-9-613 of the Subdivision and
Development Ordinance is hereby repealed.
SECTION 41:
That Section 11-9-613 of the Subdivision and
Development Ordinance is hereby re-enacted and which shall read as
follows:
"1. Enforcement. No subdivision plat required by this
Ordinance or the Idaho Code shall be admitted to the public
land records of the County, or recorded by the County
Recorder, until such subdivision plat has received final
approval by the Council. No public board, agency, commission,
official or other authority shall proceed with the public
improvements required by this Ordinance until the final plat
has received the approval of the Council. The City Attorney
shall, in addition to taking whatever criminal action deemed
necessary, take steps to civilly enjoin any violation of this
Ordinance.
2 . Penalties - Penalties for -failure to comply with the
provisions of this Ordinance shall be as follows:
Violation of any of the provisions of this Ordinance or
failure to comply with any of its requirements shall
constitute a misdemeanor. Each day such violation
continues shall be considered a separate offense with a
three hundred dollar ($300) per day fine. The fine may
be collected civilly or criminally including cost of
attorney fees upon collection. The landowner, tenant,
subdivider, builder, public official or any other person
who commits, participates in, assists in or maintains
ORDINANCE NO. 592
PAGE 37
j-
(
such violation may each be found guilty of a separate
offense. Nothing herein contained shall prevent the
Councilor any other public official or private citizen
from taking such lawful action as is necessary to
restrain or prevent any violation of this Ordinance or
of the Idaho Code.
3. In addition to the enforcement and penalty provisions
above, the City may withhold, and elect not to issue,
building, electrical, or plumbing permits, zoning
certificates, or certificates of occupancy, due to any in
violation of the provisions of this Ordinance or the Zoning
Ordinance. The violation may pertain to property or to an
individual or entity."
SECTION 42:
EFFECTIVE DATE: WHEREAS, there is an emergency
therefor, which emergency is hereby declared to .exist, this
Ordinance shall be in full force and effect from and after its
passage, approval and publication according to law.
PASSED AND APPROVED this)~~day of November, 1992.
CITY OF MERIDIAN
~Kr::~~
ORDINANCE NO. 592
PAGE 38
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SUMMARY OF ORDINANCE 592
On November 17, 1992, at its regular meeting on 1st Tuesday
of the month, the Meridian City Council passed and approved
Ordinance No. 592, which Ordinance amended the .Zoning Ordinance
and the Subdivision and Development Ordinance, Title 11, Chapters
2 and 9, respectively, of the Revised and Compiled Ordinances of
the City of Meridian, the Title of which Ordinance No. 592 reads
as follows:
"AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING TITLE 11, CHAPTER
2, ZONING ORDINANCE AND CHAPTER 9, SUBDIVISION AND DEVELOPMENT
ORDINANCE, OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF
MERIDIAN; 1) REGARDING THE ZONING ORDINANCE, IT REPEALS SECTION
11-2-402 A. 11; RE-ENACTS SECTION 11-2-402 A. 11 SO THAT IT IS NOT
MANDATORY TO INTEGRATE COMMERCIAL USES INTO ALL RESIDENTIAL AREAS;
AMENDS SECTION 11-2-403 B., DEFINITIONS, LOT AREA; AMENDS SECTION
11-2-404 C. COMMISSION 3., RULES, RECORDS AND MEETINGS TO MAKE IT
DISCRETIONARY FOR THE PLANNING AND ZONING COMMISSION TO ADOPT BY-
LAWS; AMENDS SECTION 11-2-405 TO ADD A NEW PARAGRAPH TO 11-2-405
B. 2. TO REFLECT THAT GRANDFATHER RIGHTS SHALL NOT BE TRANSFERRED
UPON THE CONVEYANCE OF PROPERTY AND ADDS TWO NEW SUBSECTIONS I.
AND J. TO ADOPT A PROCEDURE WHERE AN APPLICANT FOR A MATTER BEFORE
THE CITY DESIRES TO AMEND OR CHANGE THE APPLICATION OR TO CHANGE
THE APPROVED USE; REPEALS SECTION 11-2-408 B.; RE-ENACTS SECTION
11-2-408 B. TO ADD TWO NEW RESIDENTIAL ZONING DISTRICTS AND TO ADD
TWO NEW ZONING DISTRICTS THAT PERTAIN TO THE FOREIGN TRADE ZONE;
REPEALS SECTION 11-2-409 ZONING SCHEDULE OF USE CONTROL, A,
RESIDENTIAL, AND B., COMMERCIAL; RE-ENACTS 11-2-409, ZONING
SCHEDULE OF USE CONTROL, A, RESIDENTIAL, AND B., COMMERCIAL, TO
STATE THAT FAMILY CHILD CARE HOMES AND HOME OCCUPATIONS ARE
PERMITTED ACCESSORY USES IN THE R-4 DISTRICT AND TO CHANGE
AUTOMOBILE REPAIR SHOPS FROM A PERMITTED USE TO A CONDITIONAL USE;
REPEALS SECTIO~ 11-2-410, ZONING SCHEDULE OF BULK AND COVERAGE
CONTROLS, A; RE-ENACTS 11-2-410, ZONING SCHEDULE OF BULK AND
COVERAGE CONTROLS A, TO ADD BULK AND COVERAGE CONTROLS FOR THE NEW
RESIDENTIAL DISTRICTS OF R-2 AND R-3, TO INCREASE THE LOT
REQUIREMENTS FOR THE R-4 AND R-8 DISTRICTS AND TO ADD A FOOTNOTE
8 TO DEFINE HOW THE MINIMUM LOT SIZE IS DETERMINED; REPEALS SECTION
11-2-411 RESIDENTIAL HOUSING STANDARDS; RE-ENACTS 11-2-411,
RESIDENTIAL HOUSING STANDARDS, TO SET THE MINIMUM SQUARE FOOTAGE
OF HOUSES IN THE NEW R-2 AND R-3 RESIDENTIAL DISTRICTS, TO INCREASE
THE MINIMUM SQUARE FOOTAGE IN THE R-4 DISTRICT, CHANGE THE MINIMUM
SQUARE FOOTAGES IN THE R-8 AND R-15 ZONES, ADD A SUBSECTION
PERTAINING TO DUPLEX'S TO ESTABLISH A MINIMUM SQUARE FOOTAGE FOR
DUPLEX UNITS AND TO STATE THAT A DOUBLE GARAGE IS A MINIMUM
REQUIREMENT, TO STATE THAT THE DISBURSEMENT OF HOUSES SMALLER THAN
1,350 FEET WITHIN THE SUBDIVISION DOES NOT APPLY TO THE RESIDENTIAL
DISTRICTS OF R-2, R-3 AND R-4, AND TO ADD A NEW SUB-SECTION
NUMBERED I. WHICH PROVIDES FOR MANUFACTURED HOUSING; REPEALS
SUMMARY OF ORDINANCE 592
Page - 1
(
SECTION 11-2-416; RE-ENACTS SECTION 11-2-416 TO ADD A NEW
SUBSECTION TO BE KNOWN AS L. WHICH RELATES TO DEVELOPMENT
AGREEMENTS; REPEALS SECTION 11-2-417; RE-ENACTS SECTION 11-2-417
TO BREAK IT INTO LETTERED PARAGRAPHS AND ADD THREE NEW PARAGRAPHS
RELATING TO ANNEXATION ONLY WITHIN THE URBAN SERVICE PLANNING AREA,
REQUIRING COMMITMENTS FOR USE AND DEVELOPMENT,. AND AUTHORIZING
RULES FOR COMMITMENTS; REPEALS SECTION 11-2-418; RE-ENACTS SECTION
11-2-418 TO ADOPT AN EXPEDITED HEARING PROCEDURE FOR CONDITIONAL
USE APPLICATIONS IN THE INDUSTRIAL AND COMMERCIAL DISTRICTS AND TO
ADD A NEW PARAGRAPH K. FOR REVOCATION OF CONDITIONAL USE PERMITS;
TO REPEAL SECTION 11-2-419 C. 2.; TO RE-ENACT SECTION 11-2-419 c.
2. SO THAT THE FORMER REQUIREMENT THAT THE CAUSE FOR A VARIANCE NOT
BE SELF-INFLICTED IS REMOVED; REPEALS SECTION 11-2-423; RE-ENACTS
SECTION 11-2-423 TO ADD TO THE ZONING ORDINANCE THE PENALTIES THAT
ARE CONTAINED IN THE SUBDIVISION AND DEVELOPMENT ORDINANCE; AND 2)
REGARDING THE SUBDIVISION AND DEVELOPMENT ORDINANCE, IT REPEALS
SECTION 11-9-601 e., JURISDICTION; RE-ENACTS SECTION 11-9-601 e.,
JURISDICTION, TO REFLECT THAT THE SUBDIVISION AND DEVELOPMENT
ORDINANCE ONLY APPLIES WITHIN THE MERIDIAN CITY LIMITS, AND NOT
WITHIN THE AREA OF IMPACT; REPEALS SECTION 11-9-604 C. 4. C.i RE-
ENACTS SECTION 11-9-604 C. 4 . c. TO REFLECT THAT THE CITY OF
MERIDIAN, RATHER THAN THE APPLICANT, NOW NOTIFIES THE ADJOINING
PROPERTY OWNERS OF HEARINGS; REPEALS SECTION 11-9-604 C. 9. a.i RE-
ENACTS SECTION 11-9-604 C. 9. a. TO REFLECT THAT THE CITY NOTIFIES
THE PROPERTY OWNERS; REPEALS SECTION 11-9-604 H. 1. a.i RE-ENACTS
SECTION 11-9-604 H. 1. a. TO INCREASE THE NUMBER OF COPIES OF FINAL
PLATS THAT ARE REQUIRED TO BE SUBMITTED; AMENDS SECTION 11-9-605
B. 3. a. TO REFLECT AN INCREASE IN THE WIDTH OF MINOR ARTERIALS TO
80 FEET FROM 66 FEET; REPEALS SECTION 11-9-605 M., PIPING OF
DITCHES; RE-ENACTS SECTION 11-9-605 M., PIPING OF DITCHES TO
REFLECT THAT WHERE DITCHES ARE ON THE PROPERTY LINE OR A PORTION
OF THE DITCH THE PIPING OF THE DITCH IS REQUIRED; REPEALS SECTION
11-9-606, IMPROVEMENT STANDARDS, A., RESPONSIBILITY FOR PLANS AND
REQUIREMENTS; RE-ENACTS SECTION 11-9-606, IMPROVEMENT STANDARDS,
A., RESPONSIBILITY FOR PLANS AND REQUIREMENTS, TO STATE THAT ANY
IMPROVEMENTS INCLUDED ON THE PLAT OF A SUBDIVISION ARE THE
RESPONSIBILITY AND LIABILITY OF THE SUBDIVIDER AND OWNER OF THE
LAND BEING SUBDIVIDED TO INSTALL; REPEALS SECTION 11-9-606 B.,
IMPROVEMENTS, PUBLIC 14., PRESSURIZED IRRIGATION SYSTEM; RE-ENACTS
SECTION 11-9-606 B., IMPROVEMENTS, PUBLIC 14., PRESSURIZED
IRRIGATION SYSTEM TO REMOVE THE AUTHORIZATION OF THE CITY ENGINEER
TO ESTABLISH RULES AND REGULATIONS AND STANDARDS FOR PRESSURIZED
IRRIGATION SYSTEMS AND SUBSTITUTE THAT SUCH SYSTEMS HAVE TO BE
APPROVED BY THE CITY ENGINEER; REPEALS SECTION 11-9-612 A. 2. b.;
RE-ENACTS SECTION 11-9-612 A. 2. b. TO REMOVE FROM THE VARIANCE
PROCEDURE THE "SELF-INFLICTED" REQUIREMENT; REPEALS SECTION 11-9-
613; RE-ENACTS SECTION 11-9-613 TO ADD A NEW SECTION WHICH ALLOWS
THE CITY TO WITHHOLD, AND ELECT NOT TO ISSUE, BUILDING, ELECTRICAL,
OR PLUMBING PERMITS, ZONING CERTIFICATES, OR CERTIFICATES OF
OCCUPANCY, DUE TO VIOLATIONS OF THE SUBDIVISION AND DEVELOPMENT
ORDINANCE OR THE ZONING ORDINANCE; AND PROVIDING AN EFFECTIVE
SUMMARY OF ORDINANCE 592
Page - 2
(
DATE."
The principal provisions of Ordinance No. 592 are as follows:
ZONING ORDINANCE
1. States that integration of neighborhood commercial into
residential areas of the City is discretionary.
2. State that the Planning and Zoning Commission may adopt
organization papers and bylaws consistent with the Ordinance but
is not required to do so.
3. Adds a new paragraph which states that grandfather rights
are not transferable.
4. Adds two new subsections which provide a procedure for
modification or amendment of an application which is presently
being processed and of an approved application or use.
5. Adds two new residential subsections, R-2 and R-3 which
allow , respectively, two and three lots per acre and adds two
subsections, Foreign Trade Zone and Sub-Foreign Trade Zone, which
pertain to the Foreign Trade Zone and protection of the Foreign
Trade Zone.
6. States that Family Child Care Homes and Home Occupations
are Permitted Accessory uses in the R-4 District and that
Automobile Repair Shops are now a Conditional Use rather than a
permitted use in the Industrial district.
7. Adds lot restrictions for the new districts of R-2 and
R-3 which are as follows:
Minimum lot area
Front set back
Rear set back
Interior side set back
Street side set back
Minimum Street frontage
R-2
18,000 sq. ft.
25 feet
15 feet
7.5 feet/story
20 Feet
100 feet
R-3
12,000 sq. ft.
25 feet
15 feet
7.5 feet/story
20 Feet
90 feet
and provides the street frontage on cul-de-sac lots shall be a
minimum of 40 feet measured as a chord measurement. The Ordinance
also changes the street frontage requirements and the minimum lot
size for the R-4 and R-8 zoning districts. The changes are as
follows:
Minimum lot area
Minimum Street frontage
R-4
8,000 sq. ft.
80 feet
R-8
6,500 sq. ft.
65 feet
and provides a footnote to the SCHEDULE to be numbered (8) to state
that minimum lot size shall be determined exclusive of land that
is used for streets, highways, alleys, roads, rights-of-way,
irrigation easements unless the water is conveyed through pipe or
tile and included as part of the utility easements that generally
run along the lot lines, and land that is used for the conveyance
of irrigation water, drainage water, creek or river flows.
SUMMARY OF ORDINANCE 592
Page - 3
(
9. States that the minimum size house in the R-2 and R-3
Districts is 1,500 square feet and in the R-4 District it is 1,400
square feet and in the R-8 and R-15 Districts it is 1,301 square
feet unless there is dispersed among the new residential
development houses of varying sizes. The ordinance amendment
further states all multi-storied single-family qetached dwelling
houses shall have a minimum of 800 square feet of living space on
the ground floor and that each unit of a duplex shall have a
minimum living space of 800 square feet and shall have a garage
that can house two standard size automobiles. Amends Section 11-
2-411, to add a new sentence which states that subsection F. of
11-2-411 shall only apply in the R-8 and R-15 zones.
10. Adds a new section which relates to manufactured housing
which provides standards and regulations for manufactured housing,
states that such housing is considered single-family dwellings
within the R-8, R-15, R-40 and Old Town zoning districts of this
Zoning Ordinance, provided such structures meet the development
standards for manufactured homes on individual lots, provides
development standards for manufactured homes on an individual lot
area which are as follows: 1. Shall consist of more than 'one
section, shall be at least twenty feet (20') feet wide, and shall
have a minimum floor area of five hundred (500) square feet per
section. 2. Shall have a nonmetallic, wood shake or asphalt
shingle roof with a minimum slope of (3:12) and a minimum six inch
(6") eave, or gutter and eave attached to the entire perimeter of
the roof. 3.Shall have simulated wood or wood siding. 4. Shall
have a masonry or concrete foundation which surrounds the entire
perimeter of the structure and completely encloses the space
between the siding and the finished grade. 5. Shall be permanently
affixed, with the running gear and towing hitch removed, to a
foundation base having an anchoring system that is totally
concealed under the structure. 6. Shall obtain a building permit
from the Building Department to insure that the manufactured home
is assembled on-site to standards regulating the anchoring of the
structure to its foundation and other building requirements. 7.
Shall comply with all other applicable requirements of this Zoning
District in which the manufactured home is located, such as lot
size and setback requirements. 8. Shall comply with the Flood
Plain provisions of this Zoning Ordinance relating to the location
of mobile homes in floodplain areas and any other applicable
requirement of this Zoning Ordinance. 9. Shall have a garage that
can house two standard size automobiles, and which garage is not
used to determine the size of the manufactured house to meet the
minimum square footage of 1,000 square feet.
The manufactured provisions also state that attached accessory
structures shall be similar in material and integrated into the
design of the manufactured home; requires that the applicant for
a manufactured house certify the application and provide
information necessary to verify such structure meets the standards
of the ordinance prior to moving the structure to the building
site; requires that the Building Department verify to the
SUMMARY OF ORDINANCE 592
Page - 4
(
Administrator in writing that all standards have been met, as
certified in the signed application form. The provisions also
provide that all manufactured houses shall be deemed to be real
property and shall be taxed as such and not as personal property.
11. Adds new subsection which provides that the City may
require or permit as a condition of rezoning land,that an owner or
developer make a written commitment concerning the use or
development of the subject property. Any agreement is binding on
the owner of the parcel, each subsequent owner, and each other
person acquiring an interest in the property. The Council is
authorized to adopt rules governing the creation, form, recording,
modification, enforcement and termination of commitments.
12. Adds three paragraphs to the annexation provisions which
state that no land can be annexed unless it is in the Urban Service
Planning, that the City may require or permit a development
agreement, and the City Council is authorized to adopt rules
governing the creation, form, recording, modification, enforcement
and termination of commitments.
13. States that Conditional Use applications for land in the
Old Town District and in Industrial and Commercial districts shall
only be required to have one public hearing which will be before
the Planning and Zoning Commission.
14. Adds a new sub-section which states that conditional use
permits are subject to revocation and that notice of such action
must be given to the holder of the permit and if he contests such
revocation the Council shall conduct a hearing on the revocation
after notice to property owners within 300 feet. An aggrieved
permit holder or complainant may appeal the decision of the City
Council.
15. Removes from the Variance requirements that the reason
for the variance be shown not to have been self-inflicted.
16. Adds a new penalty provisions which provides:
"In addition to the above penalties for violation of this
Ordinance, the City may also enforce the provisions of this
Ordinance with the enforcement and penalty provisions of the
Subdivision and Development Ordinance contained in 11-9-613."
SUBDIVISION AND DEVELOPMENT ORDINANCE
17 · States that the SUBDIVISION and DEVELOPMENT Ordinance
applies only within the legally defined Meridian city limits.
18. States that the City notifies adjoining property owners
within three hundred (300) feet of the property of applications
rather than the applicant.
19. States that thirty (30) folded copies of the final plat
are now required.
20. Changes the width from 66 feet to 80 feet for Minor
Arterial. .
29. Adds language so that property being developed which has
a ditch as a boundary line such that each abutting property only
SUMMARY OF ORDINANCE 592
Page - 5
owns to the centerline of the ditch, or owns only a portion of the
ditch, that the owner or developer of the property being developed
is still required to tile the entire ditch; that in tiling any
irrigation or drainage ditch it shall be completed so as not to
impede the movement of the amount of water cross~ng the property
in the open ditch prior to the tiling, that inlet structures shall
be protected and access/clean out boxes be placed as required; that
where the ditch under consideration is on the boundary between the
land being developed and adjacent land not owned by the owner of
the land being developed, or is in fact the boundary, the ditch
shall still be tiled. If the adjacent land owner is unwilling to
co-operate in sharing the cost of the tiling but willing to allow
the use of his land for tiling, the developer shall tile the ditch
at his sole cost. If the adjacent land owner is unwilling to allow
his land to be used for purposes of tiling the ditch, the developer
may request the City to condemn that part of the adjacent land
necessary to tile the waterway but the developer shall be required
to pay all of the cost of condemnation and pay all of the costs of
obtaining the adjacent land and all of the cost of tiling the
ditch, lateral or canal.
30. States that it is the responsibility and personal
obligation of every subdivider and owner of the land being
subdivided, to construct and install every improvement shown on
the plat of the subdivision, represented to be included in the
subdivision at any presentation before the Planning and Zoning
Commission or the City Council, and all improvements required by
the Ordinances of the City of Meridian and this responsibility
shall run with the land, and this responsibility and liability
shall be shown on the plat of the subdivision. The City may
withhold building, electrical, or plumbing permits, zoning
certificates, or certificates of occupancy on the lots or land
being subdivided, or the homes constructed thereon, if the
improvements required under this section or the Subdivision and
Development Ordinance have not been constructed or installed, or
if such improvements are not functioning properly.
31. States that Pressurized Irrigation System shall be
approved by the City Engineer rather than requiring the City
Engineer to establish standards for pressurized irrigation.
32. Removes from the Variance requirements that the reason
for the variance be shown not to have been self- inflicted.
33. Changes the enforcement and penalty provisions so that
they read as follows:
1. Enforcement - No subdivision plat required by this
Ordinance or the Idaho Code shall be admitted to the public
land records of the County, or recorded by the County
Recorder, until such subdivision plat has received final
approval by the Council. No public board, agency, commission,
official or other authority shall proceed with the public
improvements required by this Ordinance until the final plat
has received the approval of the Council. The City Attorney
shall, in addition to taking whatever criminal action deemed
SUMMARY OF ORDINANCE 592
Page - 6
,- (:
, l
necessary, take steps to civilly enjoin any violation of this
Ordinance.
2. Penalties - Penalties for failure to comply with
the provisions of this Ordinance shall be as follows:
Violation of any of the provisions of this Ordinance or
failure to comply with any of its re.quirements shall
constitute a misdemeanor. Each day such violation
continues shall be considered a separate offense with a
three hundred dollar ($300) per day fine. The fine may
be collected civilly or criminally including cost of
attorney fees upon collection. The landowner, tenant,
subdivider, builder, public official or any other person
who commits, participates in, assists in or maintains
such violation may each be found guilty of a separate
offense. Nothing herein contained shall prevent the
Councilor any other public official or private citizen
from taking such lawful action as is necessary to
restrain or prevent any violation of this Ordinance or
of the Idaho Code.
3. In addition to the enforcement and penalty
provisions above, the City may withhold, and elect not to
issue, building, electrical, or plumbing permits, zoning
certificates, or certificates of occupancy, due to any in
violation of the provisions of this Ordinance or the Zoning
Ordinance. The violation may pertain to property or to an
individual or entity.
34. It declares that there is an emergency and therefore the
Ordinance shall be in full force and effect from and after its
passage, approval and publication according to law.
The full text of Ordinance 592 is available at the Meridian
City Hall, 33 East Idaho, Meridian, Idaho, and will be promptly
provided by the City Clerk to any citizen upon personal request.
ATTORNEY'S CERTIFICATE
The undersigned, WAYNE G. CROOKSTON, JR., in his capacity as
City Attorney of the City of Meridian, pursuant to Section 50-
901A(3) of the Idaho Code, as amended hereby certifies that he has
reviewed the above Summary of Ordinance No. 592, of the City of
Meridian, Idaho, and finds the same to be true and complete and
provides adequate notice to the public of the provisions of the
Ordinance.
DATED this 17th day of November, 1992.
G. CROOKSTON,
ATTORNEY
OF MERIDIAN
SUMMARY OF ORDINANCE 592
Page - 7
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The Christian Committees
of Correspondence
GLENNA HOAGLAND
935 N. 8 East St.
Mtn. Home, ID 83647
208/587 -5714
Oct. 23, 1992
Mayor Grant Kingsford
1844 Lawndale Drive,
Meridian..
Idahow 83642
Dear Honorable Mayor Kingsford,
I e11courage you to participate in IIAmerican Cl1ristian
Heri tage Week II ~
Your leadership will be recognized when you call a press
conference with your local radio station, newspaper, or
TV stations to make your proclamation.
Thanksgiving is a time for expressing our respect and honor
to those men and women who gave their lives to develop. the
first self-governed nation in the world.. the United States
of America.
Sincerely,
~
Ron StonebreaJ<er
Chairman of Gideon C Comcors
He 63 Box 47A
Hammett,
Idaho. 83627
Ene:
Proclamation
National office: Fisk Mill, Marlborough NH 03455