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HomeMy WebLinkAboutCode Workbook Titles 9-12.a ~., _.~_._._ ,_-__~__. v_.~~.~.rv . . ME3 • !TITLE! 9 WATER AND SEWER Water Use And Service Sewer And Water Installations Cross-Connection Control Sewer Use And Service Sewer Pretreatment CJ T9 (1) 1 2 3 4 5 • • u • ME3 CHAPTER 1 WATER USE AND SERVICE For statute authority, see I.C. ~ 50-323 et seq. 9-1 (1) There are several City ordinances from which tha provisions of this Chapter are derived (273, 374, 476, 483, 565, 570 and 743), dating from 1975 to 1996. We suggest the City carefully review this Chapter for overlapping and/or inconsistent provisions which could be omitted for clarity and ease of enforcement. Please indicate any changes, additions or omissions deemed appropriate for compliance with current City practices. Response: SECTION: 9-1--1: 9-1--2: 9-1--3: 9-1--4: 9-1--5: 9-1--6: 9-1--7: 9-1--8: 9-1--9: 9-1-10: 9-1-11: 9-1-12: 9-1-13: 9-1-14: 9-1-15: 9-1-16: 9-1-17: 9-1-18: 9-1-19: 9-1-20: 9-1-21: 9-1-22: 9-1-23: 9-1-24: 9-1-25: 9-1-26: 9-1-27: 9-1-28: 9-1-29: 9-1-30: 9-1-31: 9-1-32: 9-1-33: Purpose Definitions Application Of Chapter City Authority Application For Water Supply Point Of Liability For Maintenance Water Service Connections And Water Lines Rejection Of Materials Or Workmanship Backfilling And Surface Repair Right Of Entry For Inspections Or Testing Water Main Extensions Water Construction Equivalency Fee Co-Operative Or Reimbursement Agreements Basis For Authorized Water User Charges Water User And Equivalent Connection Appraisal Special Water User Charge Outside City Limits Board Of Appraisers Purpose Of Monthly Water User Monthly Rates Payment Of User Charges; Late Delinquencies; City Procedure Turning On Water After Turnoff Authority To Amend Regulations Water Fund Private Water Systems Water Line Development Sewer And Water Plans Adopted Pressurized Irrigation System City Not Liable For Shortage Lawn Sprinkling And Water Use Post Hole Digging Fire Hydrants Protection Of Pipes Charge Fee For Nonpayment Restrictions ME3 9-1 (2) • 9-1-34: Waste Of Water Or Injury To Water System 9-1-35: Users Liable For Violation 9-1-36: Penalties !2R! 9-1-1: PURPOSE: It is hereby determined and declared to be necessary and conducive to and for the protection of the health, safety and welfare of the public and inhabitants of the City, and for the purpose of controlling the use and connection to, and for providing an equitable distribution of the costs and expenses of maintenance, operation, upkeep and repair of the entire Municipal water system which includes the water supply, water storage and water distribution facilities of the City, to charge and collect service charges or fees upon all lots, lands, property and premises served or benefited by the Municipal water system of the City, which system and facilities consists generally of all wells, storage reservoirs, transmission mains, structures, buildings, chlorination facilities, fluoridation facilities, valves, service connections, service meters, fittings, mechanical equipment and all other facilities as required for the furnishing and distribution of water as a public system to the citizens of the City; and to provide for the control, use and • administration of the installation of private domestic water systems where a public water system is not available. (Ord. 476, 4-21-1987) 9-1-2: DEFINITIONS: Unless the context specifically indicates otherwise, the meanings of terms used in this Chapter shall be as follows: !DEF! AUTHORIZED WATER USER: Any person making authorized and proper use of the Municipal water system and/or the water delivered thereby and who has made application for water service and such application has been granted and has paid for such service, water, and all fees required. An authorized water user may be an owner, his tenant by lease or rental, a developer, etc. CITY: Refers to the City of Meridian, Ada County, Idaho, or its authorized or designated agent, representative or deputy thereto. CITY WATER SERVICE LINE: That portion of any individual water service line that runs from its connection with the public water main to, and including, the corporation stop, valve box • and meter that is installed in the service line. It will usually be installed within the limits of the public right of way or utility easement and, after installation, it is to be owned and maintained by the City. EQUIVALENT CONNECTION: The service to a typical residential ME3 9-1 (3) • house on an individual lot that is occupied by an average single-family dwelling is designated as one equivalent connection. All other connections are prorated in relation to equivalent connections based on the estimated usage of or benefit derived from the service. MASTER WATER PLAN: The Master Water Plan is any document which the City of Meridian has accepted by official action of the City Council which describes or otherwise indicates an overall view of proposed future water system needs, minimum water main sizing, and/or minimum water main spacing. MONTH: A "month" as used herein shall mean the period between scheduled water meter readings. The City will, as nearly as possible, schedule the water meter readings thirty (30) days apart. MULTIPLE BUILDING DEVELOPMENT: Includes the various types of developments that would have common or joint ownership areas such as condominiums, townhouses, mobile home parks or courts, shopping centers, professional offices, etc. MUNICIPAL WATER SYSTEM: Includes all components and facilities of the public water system that are owned, operated, or maintained by the City of Meridian, Idaho, for domestic and • other uses. OVERSIZED MAIN: Any water main which is required to have a larger inside diameter than is necessary based on the estimated flow of the service area for which the main is being installed. OWNER: Refers to the property owner that is served by the Municipal water system or desires to be served by the Municipal water system. PERSON: Any individual, firm, company, association, society, corporation or group. PRIVATE FIRE SERVICE CONNECTION: A separate and independent connection from the Municipal water main that connects directly to a sprinkler system or fire-control device that has been, or is to be, installed in any building for the purpose of fire control within the specific building and said connection is to be for no other purpose. PRIVATE WATER SERVICE LINE: The portion of the water service line that runs from the building being served to the point of connection with the City water service line. • PRIVATE WATER SYSTEM: Any water system for domestic use that is not owned, operated and maintained by the City of Meridian, Idaho. PROPERTY: Refers to all property, whether privately or publicly owned, within the service limits of the Municipal ME3 9-1 (4) • water system excluding therefrom lands that have been dedicated for public street or highway rights of way. PUBLIC WATER SERVICE LINE: See City Water Service Line. SHALL/MAY: "Shall" is mandatory; "may" is permissive. SPRINKLER IRRIGATION: Refers to any system for the purpose of watering lawns, gardens, shrubs, trees, etc., as they are normally grown in the out-of-doors or open spaces. SUPERINTENDENT: The Superintendent of the City Waterworks is the individual appointed by the City Council to be in charge of, and oversee, the water system; he shall, under the direction of the City Engineer and City Council, have charge of the Municipal water supply system. The Superintendent's duties shall include but not be limited to: maintenance, operation, supervision and/or inspection of all additions or modifications. The Superintendent shall report, on a regular basis, to the City Engineer the condition of the Municipal water system. UNAUTHORIZED WATER USER: Any person who makes any use of the Municipal water system or the water delivered thereby who is not an authorized water user or who improperly or illegally • uses the water system, or who causes damage or injury to the system in any fashion. WATER MAIN: Any pipe line owned by the City for the purpose of transportation and/or distribution of water to serve more than one water service line or user. (Ord. 273, 1-6-1975, eff. 2-1-1975; amd. Ord. 374, 7-7-1980; Ord. 476, 4-21-1987) !DEFEND! 9-1-3: APPLICATION OF CHAPTER: The provisions of this Chapter shall apply to all property within the corporate limits of the City, and any special users outside of the corporate limits of the City, including all property owned or occupied by the United States of America, the State of Idaho, and Ada County. (Ord. 273, 1-6-1975, eff. 2-1-1975) 9-1-4: CITY AUTHORITY: The water systems for the supply of the City shall be under the sole and exclusive control of the Mayor and Council, who may, from time to time, direct the construction of such works, • placing of mains, service pipes and fire hydrants, as the necessities of the City may require. (Ord. 476, 4-21-1987) 9-1-5: APPLICATION FOR WATER SUPPLY: ME3 9-1 (5) • A. Application Required: Whenever any owner desires to obtain a supply of water from the City waterworks, he shall make application therefor in writing to the Superintendent of the Waterworks and sign an agreement to be governed by such rules and regulations not inconsistent with this Chapter, as may be prescribed by the Mayor and City Council for the control of the water supply. B. Contents Of Application; Grant Of Application: The applicant must state the location, kind of building, and the entire area of the ground to be supplied, and fully and truly state the purpose for which the water is to be used, and shall furnish a set of floor plans showing all water uses. Whereupon, if the application is granted, the Superintendent of the Waterworks may authorize the extension, at the expense of the applicant, and at no expense to the City, the service pipe and meter tile, meter yoke, meter the lid, curb stop and any other fittings that are necessary to install service to the inside line of the curb at the point most convenient for supplying the applicant. C. Street Paving: In cases where street paving is contemplated, the abutting property owners must either connect their premises with the water mains before the trench is backfilled or pay the cost of service from the main to curb if • made thereafter. (Ord. 476, 4-21-1987) 9-1-6: POINT OF LIABILITY FOR MAINTENANCE: A. User Responsibility: All users shall have the responsibility of, and be liable for, and shall pay for, all costs and expenses of maintaining their own water service line(s) extending from the property improvement to a point of connection to the water meter yoke. This point of connection may be inside or outside of the meter the depending on the length of the meter yoke tail. The City's responsibility for maintenance of the individual user service line(s) extends from the point of connection at the water main to the point of connection of the yoke to the property improvement service line. B. Damage To Water System: Responsibility for damage to the City water system is as outlined in subsection 9-1-34B of this Chapter. C. Nonconflicting Provisions: This Section shall not be construed to be in conflict with Section 9-1-33 of this Chapter, "Protection of Pipes". (Ord. 565, 12-3-1991) • 9-1-7: WATER SERVICE CONNECTIONS AND WATER LINES: Suggest the City compare this Section with Section 9-1-11 of this Chapter. Are all the provisions of both sections currently beiag enforced by the City? Please iadicate any ME3 9-1 (6) • omissions or text changes deemed appropriate in either or both sections. Response: All materials and workmanship in the installation of private water service lines and connections to the City water service line shall conform to the following regulations: (Ord. 273, 1-6-1975, eff. 2-1-1975) A. Permit Required: No person other than one authorized by the City shall uncover, make any corrections with or opening into, use, alter, or disturb any Municipal water main, City water service line or appurtenance thereof without first obtaining a written permit from the City. The permit is not to be used until all water installation charges and fees have been paid in full. (Ord. 374, 7-7-1980) Should bolded word "corrections" be changed to "connections"? Response: Yes No Change as follows: • B. Application For Permit; Fees: To obtain Municipal water service, the owner or his agent shall make application on a special form furnished by the City. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the City and requested by the City. A permit and inspection fee of twenty five dollars ($25.00) shall be paid to the City at the time the application is filed. The owner or his agent shall pay a connection fee to the City at the time the application is filed. The amount of the connection fee will vary depending on the equivalent residential unit (ERU) rating, or other rating established by the City Council for the user in question. The connection fee shall be seven hundred four dollars ($704.00) for each ERU. (Ord. 743, 9-17-1996) C. Service Line Installation: The owner may request permission from the City to install the water service line, including tap to the City water main, City stop valve, service line, valve, meter vault and cover under private contract. Such installation shall be in conformance with the Plumbing Code as • adopted by the Cityl. When installation of a water service line and appurtenances causes damage to any property, public or private, other than the owner's property, the owner shall 1. See Title 10, Chapter 2 of this Code. ME3 9-1 (7) • be responsible for all repair costs including repair to streets, sidewalks, curbs, gutters, sewer lines, irrigation facilities, storm drains, lawns, fences, gas lines, other water mains, telephone lines and electrical lines. (Ord. 476, 4-21-1987) D. Old Private Service Lines: Old private water service lines may be used in connection with new buildings only when they are found, on examination and being tested as required by the City, to meet all requirements of this Chapter. E. Conformance With Building And Plumbing Codes; Inspection: 1. The materials of construction of the private water service line and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench shall all conform to the requirements of the Building and Plumbing Codes as have been or may be adopted by the Cityl. 2. The private water service connection to the City water service line shall conform to the requirements of the Building and Plumbing Codes as adopted by the City. (Ord. 273, 1-6-1975, eff. 2-1-1975) Is subsection 2 above a duplication of subsection 1, and not • needed in the new Code? Response: Retain subsection 2 Omit subsection 2 3. All connections to or extensions of the service line, as previously installed by the City, or under its authorization, shall be made in accordance with the requirements of the State of Idaho Plumbing Code for such an installation. The connection of the service line shall be inspected by the City before the installation is backfilled and before the water is turned on for use at the premises. (Ord. 374. 7-7-1980) F. Service Line Size And Location: 1. The private water service line from the building to the connection with the City water service line shall not be smaller than a three-fourths inch ('~,") inside diameter pipe and shall be laid in a trench of such depth so that the minimum cover over the pipe from the finished grade shall be three feet (3'). 2. The alignment of the private water service line from the • outlet of the building to the City water service line shall be reasonably straight and shall be located such that the distance between the water service line and the sewer service 1. See Title 10, Chapters 1 and 2 of this Code. ME3 9-1 (8) • line shall be a minimum of ten feet (10'). G. Cross-Connection Prohibited: No person shall make or permit the cross-connection of any private water supply to a water line that is served by the Municipal water systems. H. Notify City For Inspection: The applicant for the City water service line permit shall notify the City when the connection of the private water service line to the City water service line is ready for inspection. I. Excavations Guarded; Restoration: All excavations for all water service installations shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the City. J. Private Fire Service Connection: The installation of a private fire service connection shall comply in all respects to the requirements for a City water service line and the owner, or his agent, will be required to pay all costs for connection and extension of the facility from the Municipal water main. • K. Connections Made By Plumber: The connection of the private water service line to the public water service line and the connection of a private fire service connection to the Municipal water main shall be made by a plumber holding a valid City plumber's license. (Ord. 273, 1-6-1975, eff. 2-1-1975) L. Meter, Stop Valve And Stopcock: 1. A separate and independent City water service meter and stop valve shall be provided for every authorized water user. (Ord. 374, 7-7-1980) 2. To each service pipe there shall be attached at the inside line of the curb a stopcock and key box which shall be paid for by the water consumer and be under the exclusive control of the Superintendent of the Waterworks. (1955 Code § 5-106) 9-1-8: REJECTION OF MATERIALS OR WORKMANSHIP: The City may reject any upon such, the rejected with approved material. the removal and replace • including appurtenances other work items. (Ord. materials or workmanship for cause and material shall be removed and replaced Disapproved workmanship shall cause nent of all materials involved, such as excavations, backfilling and 476, 4-21-1987) 1. See also Chapter 3 of this Title. ME3 9-1 (9) • 9-1-9: BACKFILLING AND SURFACE REPAIR: A. Owner Responsibility; Costs: All backfilling and surface repair required by a water service installation shall be the owner's responsibility. When the City makes installation of a City water service, all costs of surface repair and backfilling shall be included in the installation charger. B. work Under Private Contract: When the owner has the water service installation done under private contract, the costs for surface repair shall be the owner's responsibility and shall not be included in any fee, charge or rate imposed by the City. C. Conformance With Special Specifications; Inspection And Approval: All surface repair and backfilling shall conform to special specifications promulgated by the City for water line installation and shall be subject to inspection by and approval of the City, and Ada County Highway District. (Ord. 273, 1-6-1975, eff. 2-1-1975) 9-1-10: RIGHT OF ENTRY FOR INSPECTIONS OR TESTING: A. Free access to all places supplied with water, at all • reasonable hours, shall be allowed the Superintendent of Waterworks, the City Engineer, the Mayor, Water Commissioner, member of the Board of Appraisers', Clerk, or committee from the Council to examine the apparatus, the amount used, and the manner of use of the same, and any water user violating any of the rules and regulations controlling the water supply shall be subject to penalty as provided for in Section 9-1-36 of this Chapter. Is the above list of City officials a complete and accurate listing of officials allowed access to premises? Response: Yes No Change as follows: Does the City have a "Water Commissioner"? Response: No, omit , Yes, leave as is , Change as follows: • B. The City through its authorized representative bearing 1. See subsection 9-1-7B of this Chapter. 2. See Section 9-1-17 of this Chapter. ME3 9-1 (10) • proper credentials and identification shall be permitted, during proper and reasonable hours of the day, to enter all properties, premises or buildings to which water is furnished from the Municipal water system for testing or for any other purpose necessary for the proper administration of the water system in accordance with the provisions of this Chapter. Also, the City through its authorized representative bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds a duly negotiated easement for the purpose of, but not limited to, inspection, observation, repair, and maintenance of any portion of the Municipal water system lying within said easement. All entry and subsequent work, if any, on said easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. (Ord. 476, 4-21-87) 9-1-11: WATER MAIN EXTENSIONS: See our comment at beginning of Section 9-1-7 of this Chapter, and so indicate any omissions or changes to this Section deemed appropriate. Response: • A. Permit Required: No extensions of service pipes shall be made without first obtaining a permit therefor from the Superintendent of Waterworks, and each building shall have separate service pipes. B. Compliance With City Policies; Responsibility For Costs: All proposed extensions of the Municipal water system to serve undeveloped areas within the existing corporate limits, newly annexed areas or areas outside the corporate limits shall comply with existing water system extension policies and with the overall Master Plan for the City's Municipal water supply system. Costs for all extensions to any property shall be the responsibility of that property owner or his agent. Cost for water service extensions within the property for which the extension is requested shall also be the responsibility of the owner or his agent. When it is necessary to install oversized mains as part of an extension, the cost of all oversized lines will be the responsibility of the owner or his agent. Such water line extensions, public or private, shall be extended to the farthest boundary of the property. • C. Fire Hydrants And Service Lines: It shall also be the property owner's or his agent's responsibilities to install all necessary fire hydrants and City water service lines for all extensions of the Municipal water system at no expense to the City. Unless a special permit is granted by the City, all ME3 9-1 (11) • Municipal water system extensions, including the City water service lines, to newly developing areas shall be installed prior to the construction of any new streets. D. Approval Of Plans: All design and construction of any extensions to the Municipal water system shall comply with the official specifications as adopted by the City for the water distribution system. The plans for all extensions to the Municipal water system shall be prepared and signed by a registered professional engineer as per the licensing requirements of the Idaho Code and three (3) copies of the said plans shall be filed with the City. In approving a plan for extension to the Municipal water system, the City reserves the right to stipulate other requirements such as a special permit fee, rights-of-way limits, sequence of construction, time limits for having existing service disrupted, the filing of a performance bond and other similar measures as may be required to protect the public. No work shall commence on any such extension of the Municipal water system until the extension project has been approved by the City. E. Certification By Engineer: After the construction of the Municipal water system extensions, it shall be the obligation of the owner, or his agent, to have a registered professional engineer verify to the City that the said system extensions • were installed in accordance with the approved plans and specifications on file in the office of the City Clerk. Following certification by the registered professional engineer and acceptance by the City, the entire extension of the Municipal water system, including the City water service lines, shall become the property of the City and it shall be the City's responsibility to maintain and operate the system thereafter. F. City Service Line; Permit And Fees: If it is necessary for the City to provide a City water service line after the extension has been accepted by the City, the owner, or his agent, shall be required to pay the hookup fee and standard installation charge as well as the standard permit and inspection fee. (Ord. 476, 4-21-1987) 9-1-12: WATER CONSTRUCTION EQUIVALENCY FEE: A. Payment Of Fee Required: Notwithstanding any of the provisions of this Chapter, any person or property owner who has not otherwise paid for, or contributed proportionately toward, the costs and expenses of constructing a water line, whether that construction has been performed by the City, a local improvement district or a private entity, or combination • thereof, and who subsequently desires to connect to the City water system, shall be required to pay, in addition to the required connection charges of Section 9-1-7 of this Chapter and the monthly user charges of Section 9-1-19 of this Chapter, an additional connection charge which shall be known and referred to as the "water construction equivalency fee". ME3 9-1 (12) • In determining who has or has not paid, or contributed proportionately, toward the costs and expenses of constructing a water line, the sole factor shall be whether that user, or a predecessor in title of the user's property, has in fact, paid consideration to the City in cash, services, or in kind, for the construction of the water trunk line to which he now desires to connect, which consideration is commensurate with what the user, or his predecessor in title, would have paid under this Section had the user not paid or contributed previously to the cost of construction of the water line. B. Fee Set By Water Board Of Appraisers: The water construction equivalency fee for each parcel of ground connected to a trunk water line shall be established and set by the Water Board of Appraisers which shall consider the use to which the property will be put, the expected water demand, and the amount of delivery capacity of the trunk line that will be used by the proposed use. The Board shall also take into consideration the amount of land that might be able to be serviced by the trunk water line whether the land be directly adjacent to the trunk line or not and shall also take into consideration the cost of the engineering and construction of the trunk line, in current dollars and shall consider the interest that could have been earned on the money used to pay for the original water line. The water construction • equivalency fee may be different for residential, commercial, and industrial uses and may be different for differing uses within those three (3) classifications depending upon the considerations referenced above but shall be as consistent as possible under similar factual circumstances. The water construction equivalency fee shall be assessed in terms of single-family equivalent connections. (Ord. 483, 6-16-1987) 9-1-13: CO-OPERATIVE OR REIMBURSEMENT AGREEMENTS: A. Reimbursement To Water User: Should a water user at his own expense construct an extension to the water system in a public right of way or easement with prior approval of the City and in accordance with the standards and designs of the City and which water line extension has been determined by the City to be able to benefit properties other than the user's, the water user constructing the extension may request that the City enter into an agreement with the user such that all or a portion of the costs of extending the water line will be reimbursed to that water user from the connection charges collected under Section 9-1-12 of this Chapter from those property owners who will benefit from the water line extension and who otherwise have not paid or contributed their proportionate share of the construction costs of that water • line and who are required to pay the water construction equivalency fee. The City shall not be required to enter into such an agreement and whether or not to enter into such an agreement shall be at the sole discretion of the City Council; provided however, that: ME3 • 1. No reimbursement than ten (10) years agreement. 9-1 (13) agreement shall have a duration greater unless the City is a beneficiary of the is the time period correct? Response: Yes No Change as follows: 2. No reimbursement agreement shall pay to the water user paying for or constructing a water line extension more than one hundred percent (100) of his actual engineering and construction costs, it being noted that in most cases at least some of the cost would ordinarily be assessed to the water user's own property. 3. A reimbursement agreement may provide for interest to be paid to the water user. 4. The City may charge and may receive a ten percent (l00) administrative fee for handling the accounting, auditing, and payment of the reimbursement payments made to the water user • so extending the water line and having reached a reimbursement agreement with the City. Is the fee percentage current? Response: Yes No Change as follows: 5. All or a part of the water construction equivalency fee associated with the water line constructed and paid pursuant to Section 9-1-12 of this Chapter may be set aside and earmarked for reimbursement pursuant to a reimbursement agreement. 6. The reimbursement agreement shall be personal to the water user entering into it and shall not be assigned without the written consent of the City, which consent will not be unreasonably withheld. 7. The agreement will terminate when the user has been fully reimbursed if the agreed upon reimbursement amount is paid prior to the end of the term of the agreement. • 8. The agreement shall be binding on the water user and his assigns, successors, heirs, and executors and may be recorded as an encumbrance against the property of the water user. 9. The water user shall be required to indemnify and hold the ME3 9-1 (14) • City harmless from any and all liability whatsoever until the water line has been accepted for maintenance by the City. 10. Said lines, after acceptance, shall become part of the City water system and be the sole property of the City. B. Reimbursement To City: Where the City constructs a water line extension, either on its own or in conjunction with another person or entity, the City may enter into a reimbursement agreement as authorized above such that the City is reimbursed for its costs of construction, engineering, legal costs and interest. (Ord. 483, 6-16-1987) 9-1-14: BASIS FOR AUTHORIZED WATER USER CHARGES: A. System Established: There is hereby established a system of periodic service charges and fees for the authorized use of, and for service rendered by the Municipal water system of the City, and which charges and fees shall be as near as possible, uniform as to the different users served by said Municipal water system. The rates, charges and fees provided by this Chapter are hereby levied and assessed against the authorized water user or owner, and his property, having any water service connection with the Municipal water system of the • City. B. Property Subject To Charges: It is specifically enacted that all improved property in the City to which the Municipal water system is available, but is not used by the owner or occupier of said parcel of land, is still subject to user charges under the provisions of this Chapter to cover the cost of standby fire protection facilities and other benefits. (Ord. 476, 4-21-1987) 9-1-15: WATER USER AND EQUIVALENT CONNECTION APPRAISAL: Each user and parcel being subject to water user charge as provided for hereinabove shall be appraised and assessed for the purpose of establishing the equivalent connection rating and the monthly service charge or fee, to be charged or assessed to and against the property. In making such appraisement and assessment, there shall be taken into consideration the estimated volume of water to be used, the uniformity of the use of the water, the standby benefits of the water system for fire protection and for other factors so as to as nearly as possible fix the rate, charge or fee upon the same relative basis as is imposed upon other like property within the City that has the Municipal water service • available. (Ord. 476, 4-21-1987) 9-1-16: SPECIAL WATER USER CHARGE OUTSIDE CITY LIMITS: The City may provide service from the Municipal water system ME3 9-1 (15) • to individual properties that are partially or entirely outside the corporate limits of the City. Each request for such service must be approved by the City Council and all regulations of this Chapter must be complied with by such special water users. The water user will be considered a special user as long as the property being served remains outside the corporate limits of the City. The special water user shall be charged an installation charge, connection charge and a monthly user charge which shall be the same as a user within the City limits; however, the hookup fees shall be double the fees charged a user within the City limits. (Ord. 476, 4-21-1987) 9-1-17: BOARD OF APPRAISERS: A. Board Created; Members: There is hereby created a Board of Appraisers consisting of three (3) members, to be the same persons as the Commissioner of Water, the Clerk, and the Engineer of the City. The Board of Appraisers shall be confirmed by the City Council and all Board of Appraiser's decisions shall be subject to approval of the City Council. (Ord. 374, 7-7-1980) Are the City officials above-listed those currently acting as members of the Board of Appraisers? Response: Yes No Change as follows: B. Duties: The Board of Appraisers is delegated the duty of establishing the equivalent connection rating for various uses and users and all City imposed charges in connection with the Municipal water system including inspection fees, hookup fees, installation charges, monthly user charges, disconnection fees, and user deposits. The Board of Appraisers shall have the power to promulgate such rates, fees or charges or changes in the said rates, fees and charges that are deemed necessary to adequately carry out the maintenance, operation and administration of the Municipal water system under the authority of this Chapter. (Ord. 476, 4-21-1987) 9-1-18: PURPOSE OF MONTHLY WATER USER CHARGE: The monthly water user charge is established to cover operation and maintenance costs of the system, and to provide • a fund to pay for capital improvement costs, additions, oversized extensions to the system, or redemption of bonds that have been used to finance system improvements, all as a part of the City's responsibility to provide adequate domestic water service and facilities for the City. The monthly water user charge as described herein, or as amended, shall be ME3 9-1 (16) • effective immediately upon acceptance and passage of the Ordinance codified in this Chapter, or an amending ordinance, and monthly user charge billing under the rates described herein shall begin at the end of the first calendar month following acceptance of this Chapter. For new connections, the water user charge is to begin when the connection to the City service line has been inspected and approved or within sixty (60) days after the City service line has been installed, whichever is the earliest. (Ord. 476, 4-21-1987) 9-1-19: MONTHLY RATES: All owners who receive or have the right to receive the benefit of the Municipal water system shall, in return for said benefit, pay monthly user charges as described below. The monthly user charge shall be based on the amount of water used and the amount of fire and health protection provided by the Municipal water supply system. The owners of all property within the corporate limits, which property is within three hundred feet (300') of the Municipal water supply system shall pay a minimum monthly user charge. The minimum monthly user charge for all uses shall be based on one equivalent residential unit (ERU) which is a single-family residence. All other water service connections shall be prorated as to the • number of ERUs assigned to that water user by this Chapter, or as determined by the Board of Appraisers, and will be computed on an individual basis. Any user having more than one classification of use shall be charged for the sum of classifications. The minimum monthly user charge shall be six dollars forty eight cents ($6.48) per ERU. Any owner which has a total ERU rating less than one shall pay a minimum monthly user charge for one full ERU. Any owner which has an ERU rating greater than one shall pay a minimum monthly user charge that is the product of that user's ERU rating multiplied by six dollars forty eight cents ($6.48). i.e., A laundry having twelve (12) machines would have an equivalent connection rating of: (4.00) + (2 x .25) = 4.50 and a subsequent minimum monthly user charge of: (4.50) x ($6.48) _ $29.16 All money extensions shall be totaled upward to the nearest figure divisible by five cents ($0.05). • Each owner will pay a monthly user fee based on the quantity of water used and the Schedule of Water Use Fee in Table III. Each owner shall pay, as full compensation for the benefits derived from the Municipal water supply system, the minimum monthly user fee or the monthly user fee, whichever is ME3 9-1 (17) • greater. Should an owner request a City water service line to be disconnected, for any reason, there shall be paid to the City a disconnection fee as set by the Water Superintendent with approval of the City Council. The owner must request the City to place the line back in service. There will be a charge set by the Water Superintendent with approval of the City Council associated with the. reactivation of the existing service line. All monthly water rates will be charged against the property for which the City water service line is installed. The owner of record is liable for that amount, which must be paid before the water service is resumed. In the event an owner leaves an unclaimed balance in his account, that amount shall be kept for six (6) months after which time it shall revert to the General Fund of the City. The owner of the property serviced shall pay for the monthly user charge and such owner will be billed for such monthly user charge. CHARGES FOR WATER AND INSTALLATIONS: The charges for water shall be as follows: In all cases, the minimum charge shall be six dollars forty eight cents ($6.48) per month. Nonresident shall be charged the same monthly user charge. In case a water meter fails to register correctly the water • used, the owner shall pay for the water on the basis of the average reading of the meter for the previous three (3) months. Water meter installation charges shall be as follows: For all meters installed, the charge shall be set by the Board of Appraisers. All installed meters shall be property of the City. Water hookup $704.00 per unit PRIVATE FIRE SERVICE: Available only on flat rate when used for fire protection only; owner to install all lines to the City mains at their expense. All connections to be supervised by the City and to conform to City requirements and City Plumbing Codes. Size of Line (Inch) Charge Per Month $3.75 2 7.50 3 10.00 4 15.00 6 22.00 • 8 28.00 10 32.00 !SETLRM!!SETFNT!!SETTAB! Should °~~~, underlined and bolded above (as contained in Ord. ME3 9-1 (18) . 743, top of page 4), be chaaged to "1 ;" (as in prior Ord. 476, Section 5-131 of 1955 Code)? Response: Yes , No , Change as follows: All private fire service lines shall be equipped with sealed gate valve or thermal automatic openings. Private fire service lines shall be used for fire control only. Any other use is unlawful. THE FOLLOWING DESIGNATED OPERATIONS SHALL REQUIRE THE FOLLOWING NUMBER OF HOOKUPS: TABLE II Equivalent Connection Determinations No. of Equiv. Classification Connections • Apartment (see Multiple living unit) Bank, per 3,000 square feet 1.00 Bar, per 3,000 square feet 1.00 Barber shop, per chair (minimum 1.00) 0.50 Beauty salon, per operator station (minimum 1.00) 0.50 Bowling Alley, per lane, (minimum 1.00) 0.20 Cafe, per customer seating capacity 0.10 (minimum to be 2.00 equivalent connections) Car dealer 2.00 Car wash (to be computed on an individual basis) --- Church 2.00 Club, private, per 3,000 square feet 1.00 Condominium (see Multiple living unit) Dentist, per practitioner 1.00 Department store, per 3,000 square feet 1.00 Doctor, per practitioner 1.00 Drug store, per 3,000 square feet 1.00 Dry cleaners, per 3,000 square feet 1.00 Duplex (see Multiple living unit) Fourplex (see Multiple living unit) Garage, per 3,000 square feet 1.00 Grocery store (see Retail food store) Hospital, per bed 0.15 • Laundries: Self-service up to and including 10 washing 4.00 machines Each washing machine in excess of 10 0.25 Commercial (to be computed on an individual --- ME3 • basis) Lodge or private club, per 3,000 square feet 2.00 Mobile home court or park, per space 1.00 Short term tenant type, per space 0.50 Mobile home or trailer house on own premises 1.00 Motel, hotel, rooming house, etc. (cont.) With cooking facilities First unit 1.00 Each additional unit 0.25 Motel, hotel, rooming house, etc. (cont.) With cooking facilities First unit 1.00 Each additional unit 0.50 9-1 (19) Please clarify above-bolded text from Ord. 743, page 5. We have shown material exactly per said Ord. Why does "(cont.)" appear, and which figures are correct? Please indicate correct wording and figures. Response: • Multiple living unit Studio or one bedroom 0.75 2 bedrooms or more 1.00 Office building for each 2,500 square feet 1.00 of gross floor space or fraction thereof Occasional use from standpipe, fire hydrant, etc. For each 2,000 gallons or fraction thereof 0.50 (minimum to be 0.50 equivalent connection) Photo development lab 2.00 Restaurant, per customer seating capacity (minimum to be 2.00 equivalent connections) Retail store for each 3,000 square feet of 1.00 gross floor space or fraction thereof Service station Gas and restroom service only 2.00 Full service 4.00 With car wash (to be computed on an --- individual basis) Schools, per each 50 students in average 1.00 daily attendance or fraction thereof Single-family residence 1.00 Swimming pool • Public, per 500 square feet 1.00 Private, for each 500 square feet of pool 1.00 water surface area or fraction thereof Tavern, per 3,000 square feet (minimum to be 1.00 2.00 equivalent connections) ME3 9-1 (20) • Theater 1.00 Trailer court or park Long term tenant type, per unit 1.00 Short term tenant type, per unit (minimum 1.00) 0.50 Triplex (see Multiple living unit) Railroad depot 2.00 Variety store, for each 3,000 square feet of 1.00 gross floor space or fraction thereof TABLE III Schedule of Water Use Fees Gallons Consumed Water Use Fee From To 0 4,000 $6.48 4,001 gallons and up 1.23 per 1,000 gallons !S ETLRM!!SETFNT!!SETTAB! The United States Environmental Protection Agency has required the State of Idaho to test drinking water and the State of Idaho through the Department of Health and Welfare, Department of Environmental Quality, has passed the cost of such testing down to local governmental and private water suppliers. The City must pass the cost of such testing to the water users. Therefore, each water user shall be charged a monthly water assessment of twenty five cents ($0.25) until the Department of Health and Welfare, Department of Environmental Quality amends or retracts this testing charge. (Ord. 743, 9-17-1996) 9-1-20: PAYMENT OF USER CHARGES; LATE FEE: All water charges shall be due and payable to the Clerk between the first and tenth day of each calendar month for the billing from the previous month. Upon failure to pay the same, as prescribed, each owner shall pay, in addition to the amount due, a fine of ten dollars ($10.00). (Ord. 374, 7-7-80) Is the fee current? Response: Yes , No , Change as follows: • 9-1-21: DELINQUENCIES; CITY PROCEDURE: A. Termination Of Service; Notice: The City Clerk shall furnish each property owner on the first of each month a statement of the amount due for water for the preceding month or up to the time that the meter has been read and for other charges relating to the water system; and if any owner ME3 9-1 (21) • neglects to pay his water bill by the tenth day of the month, or shall fail or refuse to pay the water bill in that time period, the water user's account shall be delinquent. Owners shall be notified by regular mail of this delinquency and if the bill is not paid in full within ten (10) days after service of this notification on the owner, the right to water shall cease and terminate unless the owner requests a pre-termination hearing. Should the owner not request a pre-termination hearing or if an adverse decision is rendered against the owner as a result of the pre-termination hearing, the City may require the owner to pay the delinquent water bill attributable to the use, plus a ten dollar ($10.00) turn-on charge as a condition of receiving water service again, and in the event the water meter must be removed, an additional twenty five dollar ($25.00) fee must be paid as a condition of receiving water service again. Any owner not using water after the first of the month, or in case a meter is used after the meter has been read, must report the same to the City Clerk and have the water shut off, and if he fails to do so, the full amount for said month must be paid. No allowance will be made for nonuse for less than one month. All corrections as to the charge and all abatements shall be made under the direction of the Mayor and Council and shall be certified by the City Clerk, and all water bills must be paid by the owner of the property upon which the same is used and • not by the tenants thereof. Are the $10.00 and $25.00 amouats current? Response: Yes No Change as follows: B. Right To Hearing: 1. The City, in its delinquency notice to all owners, shall inform in writing all owners of their right to a pre-termination hearing, with such hearing to be held with the due process protection described below. The City will not discontinue water service to any owner's property prior to a fair and impartial hearing, after timely and adequate notice and an opportunity to confront witnesses, to personally appear with retained counsel to be judged on facts adduced at the hearing and to otherwise be heard and defend the claim made by the City, if a pre-termination hearing is requested by any owner. The City Council shall have the responsibility of holding pre-termination hearings. The City Council shall make a record of any pre-termination hearing. The City Council • shall render its decision in writing, giving the reasons for its determination. In decisions adverse to the owner, the City Council will inform the water consumer of the right to appeal the decision pursuant to the Idaho State Administrative ME3 Procedures Actl 9-1 (22) 2. Provided, however, the City shall not initially deny or discontinue water service to any owner because of any delinquent water bill on that premises that is attributable to the prior owner. However, any and all unpaid water charges shall be a lien against the property as provided below. The City may initially deny water service to any owner who requests service at a new location when that owner has a delinquency at any previous location or premises. Provided, further, that the City shall not initially deny water service to any owner for whatever reason without informing the owner of the right to a hearing before the City Council on the issue of whether the City can initially deny water services. In the case of an initial denial of water service, the City is not required to provide water service pending a hearing. However, a hearing upon request of an owner initially denied water service shall be held as expeditiously as possible and held in the manner and accordance with the procedures for pre-termination hearings delineated above. C. Lien Imposed: All delinquent charges or fees, as provided by this Section, not paid after the final determination of the delinquent account, shall be imposed as a lien against and • upon the property or premises against which such charge or fee is levied or assessed; and the Clerk shall, at the time of certifying the City taxes, certify such delinquencies together with all penalties to the Tax Collector of Ada County, and when so certified, the same shall be a lien upon the property. All monies collected by the Clerk under the provisions of this Section shall be paid over to the City Treasurer in the same manner as is required for the payment of other City monies. (Ord. 476, 4-21-1987) 9-1-22: TURNING ON WATER AFTER TURNOFF FOR NONPAYMENT: If any person, after the water has been turned off from the premises on account of nonpayment of rates, or for failure to pay charges for the repair of water lines, assessed to the owner, or for other violation of the rules and regulations pertaining to the water supply, shall turn on or permit to be turned on, or use or permit the water to be used without authority, he shall be subject to the penalties provided for in Section 9-1-36 of this Chapter. (Ord. 476, 4-21-1987) 9-1-23: AUTHORITY TO AMEND REGULATIONS: Nothing herein contained shall prohibit the Mayor and Council • from amending, altering, or adding to the provisions of this Chapter in relation to the water supply or the rules of same which may be adopted in conformity therewith. Provided, that 1. I.C. § 67-5201 et seq. • • ME3 no alteration in water or contract made with, the expiration of the contract entered into. and City Council deem installation rates or such changes shall be 4-21-1987) 9-1-24: WATER FUND: 9-1 (23) rates shall apply to any charge upon, an owner under this Chapter until after time for which such charge was made or Hereafter when, and/or if, the Mayor it advisable to alter the water or charges as in this Chapter recorded, made by resolution. (Ord. 476, All fees and charges received and collected under the authority of this Chapter shall be deposited and credited to a fund to be designated as the Water Fund. The accounts of said Fund shall show all receipts and expenditures for the maintenance, operation, upkeep and repair of the domestic water system and any payments into a sinking fund established for the purpose of paying principal of and interest on the water indebtedness of the City which shall from time to time be outstanding. As provided by law, when budgeted and appropriated, the funds and credits to the account of the water Fund shall be available for the payment of the requirements for the maintenance, operation, repairs and upkeep of the domestic water system of the City, and to the extent legally available, for payment into a sinking fund established for the payment of the principal and interest on any water bond indebtedness of the City which shall from time to time be outstanding. (Ord. 476, 4-21-87) 9-1-25: PRIVATE WATER SYSTEMS: Where the Municipal water system is not available under the provisions of this Chapter, a private water system may be installed; provided, that the system complies with all the provisions of this Chapter. A. Permit Required; Fee: Before commencement of construction of a private water system, the owner shall first obtain written permit from the City. The application for said permit shall be made on a form furnished by the City, which the applicant shall supplement by plans, specifications and other information as may be deemed necessary by the City. A permit and inspection fee of fifty dollars ($50.00) shall be paid to the City at the time the application is filed. Is the fee correct? Response: Yes No , Chaage as follows: • B. Inspection Of System: A permit for a private water system ME3 9-1 (24) shall not permit the use of the system until the installation is completed to the satisfaction of the City. The City shall be allowed to inspect the work at any stage of construction and, the applicant for the permit shall notify the City when the work is ready for various inspections, and before any underground works are covered. The inspection shall be made by the City within seventy two (72) hours after receipt of notice from applicant. C. Compliance With State Regulations: The type, capacities, location and layout of a private water system shall comply with all of the rules and regulations and recommendations of the Department of Environmental and Community Services (Health and welfare), State of Idaho. (Ord. 273, 1-6-1975, eff. 2-1-1975) D. Mandatory Connection With City Water When Available: The owner or occupant of any house, building or property used for residential, commercial, industrial, governmental or recreational use, or other purpose, situated within the City which is abutting on or having a permanent right of access to any street, alley or right of way in which there is located a City water line is hereby required to cease using any other water system and at his expense to connect such building • directly with the City water in accordance with the provisions of this Chapter, within fifteen (15) days after the date of official notice from the City to do so; provided, however, that the City water is within three hundred feet (300') of any property line where said building to be served is located. At such time as the Municipal water system becomes available to the property served by the private water system, and the owner or tenant connects his property to Municipal service as required, it is mandatory that the private water supply is not connected or cross-connected in any way to the water lines served by the Municipal water system. (Ord. 476, 4-21-1987) E. Conduct Of Private System; Health And Safety: The owners shall operate and maintain the private water facility in a manner conducive to public health and safety at all times, and at no expense to the City. F. Provisions Additional To State Regulations: No statement contained in this Section shall be construed to interfere with any additional requirements that may be imposed by the Health and Welfare, State of Idaho. (Ord. 273, 1-6-1975, eff. 2-1-1975) 9-1-26: WATER LINE DEVELOPMENT: • The primary cost and responsibility for water line development shall be that of the owner, subdivider or developer. It shall be the owner, subdivider or the developer's responsibility to purchase and lay water lines from the present water supply to the proposed project and to the boundary of the project farthest from the original water supply line. The City, ME3 9-1 (25) • however, recognizes that in certain instances it may be desirable from the City's standpoint, to have a larger line installed than required to serve the specific development in question. When such a situation exists, it is the City's policy to require the larger line, and to varying degrees, depending on each specific situation, possibly participate in the increased costs necessitated by the larger line. (Ord. 476, 4-21-1987) 9-1-27: SEWER AND WATER PLANS ADOPTED: The sewer and water plans as defined in the "Preliminary Report-Rural Community Sewer and Water Plan for Ada County-Meridian" are hereby adopted as the Sewer and Water Plan for Meridian. (Ord. 476, 4-21-1987) 9-1-28: PRESSURIZED IRRIGATION SYSTEM1: A. System Required; Waiver: 1. In addition to the requirements of this Chapter pertaining to the domestic water system and its use, every residentially • zoned lot, parcel or piece of land upon which a residential unit is, or will be, constructed, after the effective date of this Section, shall construct, install, or connect to a pressurized irrigation system. In the case of residential subdivision developments, a pressurized irrigation system shall be constructed and installed at the same time as the domestic water lines, but not necessarily 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 Chapter 3 of this Title. 2. Provided, however, the requirements of this Section may be waived upon proof that any particular lot, parcel or piece of land does not have water rights in an existing irrigation district. B. Standards: The City Engineer is hereby authorized and directed to establish standards for pressurized irrigation systems and all pressurized irrigation systems shall comply with those standards. (Ord. 516, 10-3-1989) Is the "City Engineer" the City official currently setting these standards? Response: Yes No Change as follows: C~ 1. See also subsection 12-5-2N of this Code. ME3 9-1 (26) • C. Joint-Use Connection Of Irrigation And City Systems: No subdivision, or building, lot, or parcel of land located within that subdivision, which subdivision, building, lot, or parcel of land, has a common landscape sprinkler irrigation system being supplied landscape irrigation water from a source other than the City's domestic water system, shall be allowed to also connect its landscape sprinkler irrigation system to the City's domestic water system. Provided however, all buildings, lots, or parcels of land, within the subdivision connected to the common landscape sprinkler irrigation system may be allowed one joint-use point of connection to the City's domestic water system which connection shall have an approved backflow prevention device. This joint-use connection shall only be to provide irrigation water during the time when the common landscape irrigation system has no supply of water. The off-on control valve of this joint use connection shall be under the control of the City Superintendent. (Ord. 570, 3-3-1992) Should "City Superintendent" be changed to "City waterworks Superintendent"? Response: Yes No Change as follows: • 9-1-29: CITY NOT LIABLE FOR SHORTAGE: The City shall not be held liable for damage to any person or property by reason of stoppage or other interruption of the water supply, caused by scarcity of water, lack of pressure, accident to works or mains, alterations, additions, or repairs or from other unavoidable causes. (Ord. 476, 4-21-1987) 9-1-30: LAWN SPRINKLING AND WATER USE RESTRICTIONS: A. Lawn And Garden Sprinkling: 1. Sprinkling To Cease During Fire: Fountains and sprinkling for lawns, yards or gardens shall not be operated during or after any alarm of fire until the signal is given that the fire is out. No fountain attachment shall be of greater than three-fourths inch (3/4") in diameter, and there shall be a stopcock to each fountain attachment and the same shall be under the control of the Superintendent of Waterworks. Any person violating any of the provisions of this Section shall, upon conviction thereof, be subject to penalty as provided in • Section 9-1-36 of this Chapter. 2. Sprinkling Hose Size: Sprinklers for lawns, gardens and yards may not be larger than three-fourths inch ('/4") in diameter, and in any time of scarcity of water, whenever it shall, in the judgment of the Mayor and Council be necessary ME3 9-1 (27) • and they shall so direct, the Mayor shall, by proclamation, still further limit the use of water for other than domestic purposes; and in his discretion provide that lawn sprinklers and hydrants shall be used only on alternate days in certain designated localities and any person violating the provisions of this Section or of any proclamation made by the Mayor of the City shall, upon conviction thereof, be subject to penalty as provided in Section 9-1-36 of this Chapter. (Ord. 476, 4-21-1987) B. Water Use Restricted: Watering troughs for animals shall not be allowed a constant flow of water but shall be allowed to use such quantity as shall supply the actual wants of the stock having access thereto, nor shall continuous streams of water be permitted to flow from hydrants, faucets, or stops over wash basins, water closets, or urinals. (1955 Code § 5-115) 9-1-31: POST HOLE DIGGING: No telegraph or telephone posts, hitching or other post shall be put down or set within four feet (4') of any water service pipe, nor within six feet (6') of any main pipe. (1955 Code • § 5-118) Is Section 9-1-31 above accurately stated? Are "hitching posts" in use in the City? Response: Yes No , Change as follows: 9-1-32: FIRE HYDRANTS: A. Authority To Operate; Obstructing Access: It shall be unlawful for any person, except one duly authorized by the City, to open, close, operate, turn on, turn off, interfere with, attach any pipe or hose to or connect anything with any fire hydrant or auxiliary valve belonging to the City. Further, it shall be unlawful for any person to obstruct the access to any fire hydrant by placing around or thereon any stone, brick, lumber, dirt, or other material, or to wilfully or carelessly injure the same. (Ord. 273, 1-6-1975, eff. 2-1-1975) B. Damaging Hydrants: Any person who shall wilfully or carelessly run any vehicle against a fire hydrant, or hitch • any animal to the same, or draw or attempt to draw water therefrom shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be punished by a fine and costs, and be liable for all damages done to said hydrant. (1955 Code § 5-138) ME3 9-1 (28) • Is the hitching of animals to fire hydrants as issue these days? Should bolded text be omitted? Response: Omit bolded text Retain as is Change as follows: C. Fire Chief's Authority: Wrenches for fire hydrants shall be furnished to the Fire Chief of the voluntary Fire Department for the use of the members of the said Fire Department, and to such other persons as he may deem proper, and any officer or member of the Fire Department, or other persons, having charge of one or more of such wrenches who shall permit the same to be taken from their place of deposit or to be used for any other purpose than that authorized by the Fire Chief shall be liable to a fine for each offense, besides costs. (1955 Code § 5-139) Is subsection C above necessary in the new Code? The above provisions may be covered in Title 5, Chapter 1 of this Code Workbook, "Fire Department" (Ord. 674). • Response: Omit subsection C Retain as is Move subsection C to Title 5, Chapter 1 9-1-33: PROTECTION OF PIPES: All water users shall keep their pipes, connections and other apparatus in good repair and protected from frost at their own expense; but no person, except under the direction of the Superintendent of Waterworks, shall be allowed to dig into the street or sidewalk for the purpose of laying, removing or repairing any service pipe. (1955 Code § 5-108) 9-1-34: WASTE OF WATER OR INJURY TO WATER SYSTEM: A. Waste Prohibited: It shall be unlawful for any water user to waste water or allow it to be wasted by imperfect water stops, valves or leaky pipes that are not under the jurisdiction of the City, or to permit the malicious or wilful consumption of water, having no beneficial use. The City, based on meter readings, will make a determination of where • water has been wasted and shall notify the user of that determination. It shall then be the user's responsibility to make the necessary repairs, or to institute actions that will correct the situation within ten (10) days of the City's notification to the user. All costs incurred, including the cost of wasted water and any repairs shall be the ME3 9-1 (29) • responsibility of the user and if it is necessary that the City correct the situation or make repairs, the cost and charges therefor may be assessed and added to the owner's water bill. B. Damage Or Injury To System: 1. No person shall maliciously, wilfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the water system. (Ord. 476, 4-21-1987) 2. No unauthorized person shall maliciously, wilfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, pipe line, fire hydrant, fitting connection appurtenance or equipment which is a part of the Municipal water system. (Ord. 273, 1-6-1975, eff. 2-1-1975) 9-1-35: USERS LIABLE FOR VIOLATION: If any owner shall permit any person from any other premises, or any unauthorized user to use or obtain water from his premises or water fixtures, whether inside or outside of his • buildings, the water supply of such owner may be cut off and the amount paid therefor, if any, forfeited; and such unauthorized person shall for taking said water be liable to a fine, plus costs. Any user or owner suspected of having violated the provisions of this Chapter, other than nonpayment of user fees, assessments, or charges for repairs, shall be notified of the violation and be notified that if the violation is not corrected within ten (10) days, the Superintendent shall shut off his water; provided however, in the event of an emergency, the Superintendent may shut off the water without notification. (Ord. 476, 4-21-1987) 9-1-36: PENALTIES: A. Notice Of Violation; Responsibility For Remedy: Any person found to be violating any provisions of this Chapter, other than for nonpayment of a water bill, shall be served by the City with a written notice stating the nature of the violation and providing ten (10) days for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations and if necessary make all corrections and repairs to the system or pay for same if the City has to make the correction or repair. (Ord. 476, 4-21-1987) • B. Penalty Imposed; Discontinue Service: Any person who shall continue any violation beyond the time limit provided for hereinabove in this Section, shall be guilty of a misdemeanor, and on conviction thereof shall be subject to penalty as provided in Section 1-4-1 of this Code, and shall have his water service terminated. Each day in which such violation ME3 9-1 (30) • shall continue shall be deemed a separate offense. (Ord. 476, 4-21-1987; 1997 Code) C. Liability To City For Loss Or Damage: Any person violating any of the provisions of this Chapter shall become liable to the City for any expense, loss, or damage occasioned the City by reason of such violation and, for other than nonpayment of water bill violations, may have their water supply terminated after the above 10-day notice period has expired. D. Cumulative Penalties: These penalties shall not be construed to be exclusive but shall be construed to be cumulative of, and in addition to, any other penalties provided for in this City Code or the Criminal Code of the State of Idaho. As an example, a person stealing water could be criminally charged with theft or a person injuring the water system could be criminally charged with malicious injury to property. For all criminal violations relating or pertaining to the water system, the notice provisions provided for in this Chapter shall not apply. (Ord. 476, 4-21-1987) • ME3 • CHAPTER 3 r LJ CROSS-CONNECTION CONTROL SECTION: 9-3-1: Purpose 9-3-2: Definitions 9-3-3: Protection Against Cross-Connections 9-3-4: Use Of Backflow Prevention Devices 9-3-5: Supervision And Inspection 9-3-6: Violations And Penalties !2R! 9-3-1: PURPOSE: 9-3 (1) This Chapter is adopted for the benefit of consumers receiving their water supply from the City by protecting the water supply system of the City from actual or potential pollution or contamination through cross-connections. (Ord. 385, 3-2-1981) 9-3-2: DEFINITIONS: !DEF! BACKFLOW: The flow, in the opposite direction from that intended, of any foreign substance which may enter the water supply system or of any contaminated or polluted water. BACKFLOW PREVENTION DEVICE: An approved device which counteracts back pressure and/or prevents back siphonage. A reduced pressure principal Backflow prevention device, a double check valve assembly, a pressure or atmospheric vacuum breaker shall be considered approved if it has successfully passed the performance tests of the University of Southern California Engineering Center or other testing laboratories acceptable to the City and the State of Idaho Department of Health and Welfare. CITY: The City of Meridian or any authorized agent thereof. CONTAMINATION: The infiltration of either solids, liquids or gases into the water supply system which does constitute public health hazard. CROSS-CONNECTION: Any physical arrangement whereby the water supply system is connected either directly or indirectly with any unapproved water supply, sewer, drain, conduit, pool, storage reservoir, plumbing fixture or other device which contains or may contain any substance capable of pollution or contamination. CUSTOMER: Any persons and/or premises receiving water from the City water supply system. POLLUTION: The infiltration of either solids, liquids or gases ME3 9-3 (2) • into the water supply system which, although not constituting a public health hazard, does impair the water quality with respect to taste, odor, color or utility. WATER SUPPLY SYSTEM: The potable water supply system provided by the City of Meridian. (Ord. 385, 3-2-1981) !DEFEND! 9-3-3: PROTECTION AGAINST CROSS-CONNECTIONS: No water service or fire sprinkler system connection shall remain or be installed to any customer unless the water supply system is adequately protected against cross-connection by backflow prevention devices commensurate with the degree of hazard that either does or potentially may exist. The installation or maintenance of a cross-connection which may endanger the water supply system quality shall be unlawful and is prohibited. Any such cross-connections now existing or hereafter installed shall be abated. The control or elimination of cross-connections shall be in accordance with this Chapter and the Idaho Regulations for Public Drinking Nater Systems, section 1-8306, dated November, 1977, or subsequent revisions, together with any other publications pertaining to cross-connection control approved by the Director of the State of Idaho Department of Health and • Welfare. (Ord. 385, 3-2-1981) Is the above-mentioned publication the one currently being enforced within the City? Response: Yes No Change as follows: 9-3-4: USE OF BACKFLOW PREVENTION DEVICES: A. Installation Requirements; Certain Circumstances: Backflow prevention devices shall be installed, if possible, within the confines of the affected building in a readily accessible location with adequate clearances for maintenance and testing. If the preceding installation is not possible, the device shall be installed in a concrete pit with a locked cover at or near the property line of the premises. The pit shall be situated above seasonal high ground water, shall contain a floor drain, shall provide adequate room for testing and maintenance and shall protect the device against freezing. Backflow prevention devices shall be installed under any circumstances included in, but not limited to, the following: . 1. Premises housing an auxiliary water supply that has not been approved by the City for its quality and protection. 2. Premises having intricate plumbing arrangements which make it difficult to ascertain whether or not cross-connections ME3 9-3 (3) • exist. 3. Premises where entry is restricted so that inspections for cross-connections could not be made during reasonable hours, at sufficiently short notice to assure that cross-connections do not exist. 4. Premises where any substance handled under pressure could enter into the water supply system. This shall include the handling of process and cooling waters. 5. Premises having a repeated history of cross-connections being created or re-created. B. Types Of Facilities Requiring Devices: 1. The following types of facilities shall fall into one of the above categories where a backflow prevention device is required to protect the water supply system unless the City and the State of Idaho Department of Health and Welfare determine that no hazard exists: a. Sewage treatment plants. b. Laboratories. • c. Food processing plants. d. Chemical or other industrial plants. e. Hospitals, mortuaries, clinics. f. Agricultural chemical storage, formulation and distribution facilities. g. Petroleum processing or storage plants. h. Car washes. i. Other facilities specified by the City and the State of Idaho Department of Health and Welfare. 2. Certain public facilities present potential sources of cross-connections. All of the following facilities and any others the City specify shall be required to install backflow prevention devices as required by the City. a. Schools. b. Movie theaters. • c. Recreation and sports grounds. d. Restaurants. e. Stores (wholesale or retail). ME3 9-3 (4) • C. Types Of Devices For Use: The type of backflow prevention device required for a particular situation shall be commensurate with the degree of hazard presented. The following guides shall be used: 1. Where the water supply system could be contaminated as a result of cross-connection, an air-gap separation or a reduced pressure backflow prevention device shall be installed. 2. Where cross-connection could result in pollution of the water supply system, either of the above devices or a double check valve assembly shall be used. 3. Backsiphonage, such as from irrigation sprinkler systems, may be prevented by the use of either atmospheric vacuum breakers or pressure vacuum breakers, as directed by the City and the State of Idaho Department of Health and Welfare. D. Stagnant Water; Double Check Valve Assembly: Facilities having plumbing arrangements connected to the water supply system, where the water remains stagnant for prolonged periods of time, shall be required to install a double check valve assembly. (Ord. 385, 3-2-1981) • 9-3-5: SUPERVISION AND INSPECTION: A. Supervision; Expense: Backflow prevention devices required by this Chapter shall be installed under the supervision of and with the approval of the City. Such installations shall be completely at the customer's expense. B. Inspection And Testing: 1. Inspecting Firm; Customer's Expense: Backflow prevention devices installed prior to the effective date of this Chapter shall be inspected and tested by a testing firm of the customer's choice that is qualified and approved by the City to inspect and test said devices. This work shall be at the customer's expense and the results forwarded to the City. Any protection device installed prior to the effective date of this Chapter that is not approved by the City shall be replaced by an approved device, at the customer's expense. 2. Replacement Of Faulty Parts: Annual inspection and testing of all installed backflow prevention devices shall be carried out by a qualified and approved testing firm of the customer's choice. Any parts found faulty shall be replaced. All inspection, testing and parts replacement data shall be forwarded to the City. All of this work shall be carried out • at the customer's expense. 3. Frequency Of Testing: When the City considers it necessary, because of the degree of hazard involved should any cross- connection occur, inspection and testing may be more frequent than annually. ME3 9-3 (5) • 4. Right Of Entry Allowed: During reasonable hours, all customers shall permit entry of the City to inspect for cross- connections. 5. Newly Constructed Premises; Compliance Required: No water service shall be supplied to any newly constructed premises until the said premises has successfully passed the City inspection for cross-connections and complies with this Chapter. C. Inspection Fee: Inspection shall be made Waterworks Department to verify requirement connection control device. Inspection shall City Waterworks Department after the device and prior to its certification. Request for be the responsibility of the customer. All be at the expense of the customer and shall rate of twenty dollars ($20.00) per hour by Waterworks Department. (Ord. 385, 3-2-1981) Is the fee current? by the City of a cross- be made by the has been installed inspection shall inspections shall be billed at the the City Response: Yes , No Change as follows: • 9-3-6: VIOLATIONS AND PENALTIES: A. Grounds For Termination Of Water Service: 1. The following shall be grounds for termination of water service to a customer: a. Failure to install, maintain, inspect and test any backflow prevention device required by this Chapter. b. Refusal of access, during reasonable hours, to any property for the purpose of determining whether or not cross- connections exist. 2. Only upon the customer's complete compliance with this Chapter shall the service be resumed. (Ord. 385, 3-2-1981) B. Penalty Imposed: Any customer who violates or refuses to comply with this Chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall for each offense be subject to penalty as provided in Section 1-4-1 of this Code. (Ord. 385, 3-2-1981; 1997 Code) r 1 U r L • • ME3 CHAPTER 4 SEWER USE AND SERVICE For statute authority, see I.C 50-1020. §§ 50-332, 50-1008 and 9-4 (1) The provisions of this Chapter are derived from the following Ordinances: 84, 230, 339, 376, 431, 447, 477, 482 and 742; and Resolution 54, dating from 1956 to 1996. Please carefully review entire Chapter for overlapping and/or inconsistent provisions which could be omitted for clarity and ease of enforcement, and indicate any changes, additions or omissions deemed appropriate. Response: SECTION: 9-4--1: Policy And Purpose 9-4--2: Definitions 9-4--3: Application Of Chapter 9-4--4: City Authority 9-4--5: Superintendent Of Sewers 9-4--6: Rules And Regulations 9-4--7: Authority Of City Authorized Representatives 9-4--8: Required Use Of Sewers 9-4--9: Regulations For Use Of Public Sewers 9-4-10: Permission To Discharge Objectionable Water Or Wastes 9-4-11: Building Sewers And Service Connections 9-4-12: Industrial Users 9-4-13: Inspection And Approval Of Connections 9-4-14: Rejection Of Materials Or Workmanship 9-4-15: Sewer Line Extensions 9-4-16: Backfilling 9-4-17: Sewer And Water Plans Adopted 9-4-18: Sewer Construction Equivalency Fee 9-4-19: Co-Operative And Reimbursement Agreements 9-4-20: Sewer Board Of Appraisers 9-4-21: Sewer Charge Appraisal 9-4-22: Final Approval Of Schedule Of Charges 9-4-23: Basis For Sewer Charges 9-4-24: Sewer User Charges And Connection Fees 9-4-25: Sewer Connection Requirements; Fees And Charges 9-4-26: Special Sewer User Charge For Outside City Limits 9-4-27: Billing And Payment Of Monthly Charges 9-4-28: Delinquencies; City Procedure 9-4-29: Disconnection Of Service For Nonpayment 9-4-30: Sewerage System Fund 9-4-31: Receipt And Disbursement Of Monies 9-4-32: Private Sewage Disposal Systems 9-4-33: Maintenance Of Lines; Contractor License ME3 9-4 (2) . 9-4-34: Point Of Liability For Maintenance 9-4-35: Users Liable For Violation 9-4-36: City Not Liable For Damage Or Service Interruption 9-4-37: Injury To Sewerage System Unlawful 9-4-38: Penalties !2R! 9-4-1: POLICY AND PURPOSE: A. Declaration Of Policy: 1. It is hereby declared that the City owns and operates both a Municipal water system and a Municipal sewer system and that the sewer system has been expanded and a sewage treatment plant constructed. It is the policy of the City to operate the sewer system and the water system in conjunction, one with the other, for the mutual benefit of the residents of the City. 2. Additionally, due to the integral nature of the requirement of water to operate the sewer system, violation of the sewer provisions may require termination of water service and to efficiently enforce these sewer provisions, such water termination is specifically authorized and is the policy of the City. (Ord. 477, 4-21-1987) • B. Purpose: It is hereby determined and declared to be necessary and conducive to and for the protection of the health, safety and welfare of the public and inhabitants of the City, and for the purpose of controlling the use and connection to and for providing an equitable distribution of the costs and expenses of maintenance, operation, upkeep and repair of the entire sewerage system which includes the sewer collection system and sewage disposal facilities of the City: 1. To charge and collect service charges or fees upon all lots, lands, property and premises served or benefited by the sewerage system of the City, which system and facilities consist generally of all pipe lines, conduits, catch basins, manholes, cleanouts, sewer mains, intercepting sewers, outfall sewers, lift stations, pumps, structures, mechanical equipment and facilities for the treatment and disposal of sewage or sewage by-products; 2. To provide for industrial cost recovery from all industrial users; and 3. To provide for the control, use and administration of the installation of private sewage disposal systems where a public sanitary sewer is not available. (Ord. 339, 5-29-1979) • 9-4-2: DEFINITIONS: Unless the context specifically indicates otherwise, the meanings of terms used in this Chapter shall be as follows: ME3 9-4 (3) • !DEF! ACT: The Federal Water Pollution Control Act entitled Public Law 92-500, and its amendments of 1972 as administered by the United States Environmental Protection Agency (EPA). BOD: Biochemical oxygen demand (BOD) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty degrees centigrade (20°C), expressed in milligrams per liter (mg/1). BUILDING DRAIN: That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (5') outside the inner face of the building wall. BUILDING SEWER: The extension from the building drain to the point of connection with the public sewer or other place of disposal. CITY: Refers to the City of Meridian, Ada County, Idaho, or its authorized or designated agent, representative, or deputy thereto. COMBINED SEWER: A sewer receiving both surface runoff and • sewage. FLOW: The volume of sewage being discharged into the sewage system. GARBAGE: Solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce. INDUSTRIAL COST RECOVERY: Financial recovery by the City, from the industrial users of the sewerage system, of that portion of the U.S. government grant amount allocable to the treatment of wastes from such users pursuant to section 204 (b) of the Act. INDUSTRIAL USERS: A. Any nongovernmental user of publicly- owned treatment works identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented under the following divisions: Is the Manual above referenced the one currently enforced within the City? response: Yes No Change as follows: • 1. Division A -- Agriculture, Forestry and Fishing ME3 9-4 (4) • 2. Division B -- Mining 3. Division D -- Manufacturing 4. Division E -- Transportation, Communications, Electric, Gas and Sanitary Services 5. Division I -- Services B. An industrial user is also defined as follows: 1. A nongovernmental, nonresidential user which discharges more than the equivalent of twenty five thousand (25,000) gallons per day of sanitary waste and which is identified in the Standard Industrial Classification Manual under divisions A, B, D, E and I; 2. A user which discharges any wastewater containing toxic pollutants or which has any other adverse effect on the treatment works; or 3. A commercial user of an individual system. C. A user in the Divisions listed may be excluded if it is determined that it will introduce primarily segregated domestic wastes or wastes from sanitary conveniences. INDUSTRIAL WASTES: The liquid wastes from industrial manufacturing processes, trade or business as distinct from sanitary sewage. MULTIPLE BUILDING DEVELOPMENT: Includes the various types of developments that would have common or joint ownership areas such as condominiums, townhouses, mobile home parks or courts, shopping centers, etc. NATURAL OUTLET: Any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water. OWNER: A person owning real estate which is, or proposes to be connected to the sewage system. pH: The logarithm of the reciprocal of the weight of hydrogen- ions in grams per liter of solution with a pH value of 7 being neutral. • PERSON: Any individual, firm, company, association, society, corporation or group. PROPERlY SHREDDED GARBAGE: The wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the n U • • ME3 9-4 (5) flow conditions normally prevailing in public sewers, with no particle greater than one-half inch (1/2") in any dimension. PUBLIC SEWER: A sewer in which all owners of abutting properties have equal rights, and is controlled by public authority. SANITARY SEWER: A sewer which carries sewage and to which storm, surface and ground waters are not admitted. SERVICE CONNECTION: The point at which the building sewer connects to the public sewer. SEWAGE OR WASTE MATTER: A combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface and storm waters as may be present. SEWAGE TREATMENT PLANT OR WASTE WATER TREATMENT FACILITY: Any devices and system used in the storage, treatment, recycling and reclamation of Municipal sewage or industrial wastes of a liquid nature to implement section 201 of the Act. SEWER: A pipe or conduit for carrying sewage. SEWER USER: Any individual, firm, company, association, society or corporation or group who has connected to the sewerage system. SEWERAGE SYSTEM: All facilities for collecting, pumping, treating and disposing of sewage. SHALL/MAY: "Shall" is mandatory. "May" is permissive. SLUG: Any discharge of water, sewage or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes for more than five (5) times the average 24-hour concentration or flows during normal operation. STORM DRAIN: (Sometimes termed Storm Sewer.) A sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted water such as cooling water. SUSPENDED SOLIDS: Solids, organic or inorganic, that either float on the surface of, or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering as prescribed in "Standard Methods for the Examination of Water and Waste Water" and referred to a non-filterable residue, WATERCOURSE: A channel in which a flow of water occurs, either continuously or intermittently. (Ord. 339, 5-29-1979) !DEFEND! ME3 9-4 (6) • 9-4-3: APPLICATION OF CHAPTER: The provisions of this Chapter shall apply to all property within the corporate limits of the City, and any special users outside of the corporate limits of the City, including all property owned or occupied by the United States of America, Ada County, and the State of Idaho. (Ord. 339,5-29-1979) 9-4-4: CITY AUTHORITY: The sewer system for the transmission, treatment and disposal of sewage for the City shall be under the sole and exclusive control of the Mayor and City Council, who may from time to time direct the construction, expansion, extension, repair and maintenance of the sewer system owned and operated by the City as the necessity of the City may require. The cost of maintenance and repair of the City sewer system may be paid out of the General Fund. (Ord. 230, 9-11-1972) 9-4-5: SUPERINTENDENT OF SEWERS: A. Office Created: There is hereby created the office of a Superintendent of Sewers, who shall, under the direction of • the City 8ngineer and the Mayor and Council, have charge of such works, mains, laterals, trunk lines, treatment plant, connection of service pipes and conduits and all other matters pertaining to the City sewer system. The Superintendent shall report to the City Engineer monthly or as often as required the condition of the sewer system and make such recommendations as the nature of the service may require. (Ord. 477, 4-21-1987) Is the "City Engineer" the appropriate official to reference in above subsection? Response: Yes No Change as follows: B. Duties: The sewer system shall be kept in repair by the Superintendent of Sewers and no other person, unless authorized by him, shall work on or operate said system or any part thereof. It shall be the Superintendent's duty at all times to maintain said system in such a working condition that the sewage of the City is efficiently and sanitarily carried from the premises of the users of said system and processed in • the sewer treatment plant owned and operated by the City. (Ord. 230, 9-11-1972) 9-4-6: RULES AND REGULATIONS: ME3 9-4 (7) • A. Adoption: The City shall have the authority to adopt by resolution such rules and regulations as it shall deem appropriate for the maintenance and charges for said use of the sewer system and treatment facility as are not inconsistent with the provisions of this Chapter. (Ord. 431, 5-7-1984) B. Amendment: Nothing herein contained shall prohibit the Mayor and Council from amending, altering or adding to the provisions of this Chapter in relation to the sewer service supplied by the City in regard to rates, charges, expansion, alteration, repair or any other matter related to the sewer system, as changed conditions may require from time to time. (Ord. 84, 10-8-1956) 9-4-7: AUTHORITY OF CITY AUTHORIZED REPRESENTATIVES: A. Right Of Entry: The City, through its authorized representatives, bearing proper credentials and identification, shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this Chapter. The City shall have no authority to inquire into any processes • including metallurgical, chemical, oil, refining, ceramic, paper or other industries beyond that point having a direct bearing on the kind and source of discharge to the public sewers or natural waterways. B. Observe Safety Rules; Liability Restrictions: While performing the necessary work on private properties referred to in the preceding subsection, the authorized representative of the City shall observe all safety rules applicable to the premises established by the sewer user and the sewer user shall be held harmless for injury or death to any City authorized representative and the City shall indemnify the sewer user against loss or damage to its property by any authorized City representative and against liability claims and demands for personal injury and property damage asserted against the sewer user and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the sewer user to maintain safe conditions as required in this Chapter or as reasonably required by a prudent man standard. Should bolded text be changed to "prudent standards"3 Response: Yes , No , Change as follows: r 1 LJ C. Access To Easements: The City, through its authorized representatives bearing proper credentials and identification, shall be permitted to enter all private properties through ME3 9-4 (8) • which the City holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewerage works lying within said easement. All entry and subsequent work, if any, on said easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. (Ord. 339, 5-29-1979) 9-4-8: REQUIRED USE OF SEWERS: A. Connection To Public Sewer: The owner or occupant of any house, building or property used for residential, commercial, industrial, governmental or recreational use, or other purpose, situated within the City which is abutting on or having a permanent right of access to any street, alley or right of way in which there is located a public sewer of the City is hereby required to cease using any other method of disposing of sewage, waste or polluted water, and at his expense to connect such building directly with the public sewer in accordance with the provisions of this Chapter, within fifteen (15) days after date of official notice from the City to do so; provided, however, that said sewer is within three hundred feet (300') of any property line of the • building to be served or common property line in a multiple building development. Is the 15 day time period correct? Response: Yes No Change as follows: Is the 300 foot distance the current requirement? Response: Yes No Change as follows: B. New Subdivision Or Development: The owner or developer of a new subdivision or development whether subdivided or not shall, at his expense, construct the necessary extensions of the public sewer system to provide public sewer facilities for each lot or building area in his subdivision. Additionally, the owner or developer shall have the responsibility, at his expense, of installing the main sewer line to the boundary in • his development which is farthest away from the point at which initial connection is made to the present City sewer main. C. Prohibited Wastes: It shall be unlawful for any person to place or deposit in any unsanitary manner on public or private property within the City, or in any area under the ME3 9-4 (9) • jurisdiction of the City, any human or animal excrement, garbage or other objectionable waste. D. Discharge Of Sewage To Natural Outlet: It shall be unlawful to discharge to any natural outlet within the City, or in any area under the jurisdiction of the City, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this Chapter. E. Privies And Septic Tanks: Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facilities intended or used for the disposal of sewage. (Ord. 477, 4-21-1987) 9-4-9: REGULATIONS FOR USE OF PUBLIC SEWERS: The use of the public sewers of the City shall be in accordance with the following regulations: A. Discharge Of Surface Waters: 1. No person shall discharge or cause to be discharged from any connection any storm water, surface water, ground water, • roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters to any sanitary sewer. 2. Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers, or to a natural outlet approved by the City. Industrial cooling water or unpolluted process waters may be discharged, complying with the requirements of section 308 of the Act and on approval of the City, to a storm sewer or natural outlet. B. Prohibited Discharges: 1. No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers: a. Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas. b. Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance or create any hazard in the receiving waters of the sewage treatment plant, including but • not limited to cyanides in excess of two-tenths (0.2) mg/1 as CN in the wastes as discharged to the public sewer. c. Any waters or wastes having a pH lower than five and five-tenths (5.5) or having any other corrosive property capable of causing damage or hazard to structures, equipment ME3 • and personnel of the sewage works. 9-4 (10) d. Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc. either whole or ground by garbage grinders. 2. No person shall discharge or cause to be discharged the following described substances, materials, waters or wastes if it appears likely in the opinion of the City that such wastes can harm either the sewers, sewage treatment process or equipment, have an adverse effect on the receiving stream or can otherwise endanger life, limb, public property or constitute a nuisance. In forming its opinion as to the acceptability of these wastes, the City will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant and other pertinent factors. The substances prohibited are: • a. Any liquid or vapor having a temperature higher than one hundred fifty degrees Fahrenheit (150°F) (65°C). b. Any water or waste containing fats, wax, grease or oils, whether emulsified or not, in excess of one hundred (100) mg/1 or containing substances which may solidify or become viscous at temperatures between thirty two and one hundred fifty degrees Fahrenheit (32° and 150°F) (0° and 65°C). c. Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths ('/4) horsepower or greater shall be subject to the review and approval of the City. d. Any waters or wastes containing strong acid iron pickling wastes or concentrated plating solutions whether neutralized or not. e. Any waters or wastes containing zinc, and similar objectionable or exerting any excessive chlorine re that any such material received in sewage treatment works exceeds the City for such materials. iron, chromium, copper, toxic substances; or wastes 3uirement to such degree the composite sewage at the limits established by the • f. Any waters or wastes containing phenols or other taste or odor-producing substances in such concentrations exceeding limits which may be established by the City as necessary, after treatment of the composite sewage, to meet the requirements of the State, Federal or other public agencies of ME3 9-4 (11) • jurisdiction for such discharge to the receiving waters. g. Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the City in compliance with applicable State or Federal regulations. h. Any waters or wastes having a pH in excess of nine and five-tenths (9.5). i. Materials which exert or cause: (1) Unusual concentrations of inert suspended solids (such as, but not limited to, fuller's earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate). (2) Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions). (3) Unusual BOD, chemical oxygen demand or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works. (4) Unusual volume of flow or concentration of wastes • constituting "slugs" as defined herein. j. waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters. C. City Authority: 1. If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in subsection B2 of this Section, and which, in the judgment of the City, may have a deleterious effect upon the sewage works, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the City may: a. Reject the wastes; b. Require pretreatment to an acceptable condition for discharge to the public sewers; c. Require control over the quantities and rates of discharge; • and/or d. Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of Section 9-4-21 of this Chapter. ME3 9-4 (12) • 2. If the City permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the City and subject to the requirements of all applicable codes, ordinances and laws. D. Grease And Sand Interceptors: Grease, oil and sand interceptors shall be provided when, in the opinion of the City, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the City and shall be located as to be readily and easily accessible for cleaning and inspection. These interceptors shall be adequately maintained and are subject to periodic inspection by the City. E. Maintenance Of Treatment Facilities: Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense. F. Manhole Installation: When required by the City, the owner • of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the City. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times. G. Measurements, Tests And Analyses: All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this Chapter shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater", published by the American Public Health Association, and shall be determined at the control manhole provided or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property. H. Special Agreements: No statement contained in this Chapter shall be construed as preventing any special agreement or arrangement between the City and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the City for treatment, subject to payment ME3 9-4 (13) • therefor by the industrial concern. I. Notice Of Violation; Remedial Action: Any property owner or sewer user violating the provisions of this Section shall, upon notice by the City, immediately install such preliminary treatment through separators, traps and/or chemical, physical or biochemical processes as will make and assure that the sewage contributed from such property or premises will meet the requirements of this Chapter. (Ord. 339, 5-29-1979) 9-4-10: PERMISSION TO DISCHARGE OBJECTIONABLE WATER OR WASTES: A. Review And Approval: The admission into the public sewers of any water or wastes having: Biochemical oxygen demand (BOD) greater than 300 mg/1, Chemical oxygen demand (COD) greater than 900 mg/l, Suspended solids in excess of 300 mg/1, shall be subject to the review and approval of the City. B. Preliminary Treatment Provided By Owner: Where necessary, in the opinion of the City, the owner shall provide, at his • expense, such preliminary treatment as may be necessary to reduce the BOD to three hundred (300) mg/1, the COD to nine hundred (900) mg/1 and the suspended solids to three hundred (300) mg/1. Plans, specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the City and of the Idaho Department of Health and Welfare, and no construction of such facilities shall be commenced until said approvals are obtained in writing. (Ord. 339, 5-29-1979) 9-4-11: BUILDING SEWERS AND SERVICE CONNECTIONS: All materials and workmanship in the installation of building sewers and service connections shall conform to the following regulations: A. Permit Required: any connections wit any public sewer or obtaining a written be issued until all been paid in full. No unauthorized person shall uncover, make z or opening into, use, alter or disturb appurtenance thereof without first permit from the City. The permit shall not sewer connection charges and fees have B. Classes Of Permits: There shall be two (2) classes of building sewer permits: 1) a general permit for residential • and commercial sewer service, and 2) industrial user permits for sewer service to establishments producing industrial wastes. 1. General Permits: General permits shall be applied for by the owner or his agent on a form provided by the City Clerk. ME3 9-4 (14) • The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the City at the time the application is filed. Also, the owner or his agent shall pay to the City, at the time the application is filed, a hookup fee, which shall be established by resolution of the City Council; and 2. Industrial Permits: Industrial user permits shall be applied for by the owner or his agent by letter to the City Council accompanied by an executed copy of the industrial user agreement together with any plans, specifications or other information considered pertinent in the judgment of the City. Industrial user permits shall be approved by the City Council based on recommendation by the Engineer for the City. Approval shall be contingent upon the availability of excess capacity in the sewage treatment plant, the provisions of this Chapter and any other considerations the City Council deems appropriate. The amount of the permit, inspection fee and hookup fee for an industrial wastes sewer service will vary with each permit and shall be established by the City at the time of application. C. Costs Borne By Owner; Liability: All costs and expense incident to the installation and connection of the building sewer and service connection shall be borne by the owner. The • owner shall indemnify and hold harmless the City from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer and the marking of the service connection for same to the public sewer. D. Separate Connections For Each Building: A separate and independent building sewer and service connection shall be provided for every building; except where one building stands at the rear of another on an interior lot and no separate sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer. E. Old Building Sewers: Old building sewers may be used in connection with new buildings only when they are found, on examination and being tested as required by the City, to meet all requirements of this Chapter. F. Conformance With Building And Plumbing Codes: The materials of construction of the building sewer and service connections, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, shall all conform to the requirements of the Building and Plumbing Codes as have been or may be adopted by the Cityl. • G. Pipe Size; Building Sewer Grade And Slope: The building sewer from the building drain to the public sewer and the 1. See Title 10, Chapters 1 and 2 of this Code. ME3 9-4 (15) • service connection thereto shall not be smaller than four inch (4") diameter sewer pipe. 1. Grade And Slope: The minimum grade or slope of the building sewer shall be as follows: a. Four inch (4") diameter sewer pipe shall be laid on a grade of not less than one-fourth inch (1/4") per foot; b. Six inch (6") diameter sewer pipe shall be laid on a grade of not less than one-eighth inch (1/e") per foot; and c. Eight inch (8") diameter sewer pipe shall be laid on a grade of not less than four feet (4') per one thousand feet (1,000'). 2. Alignment: The alignment of the building sewer from the outlet of the building drain to the public sewer connection shall be straight, with no bends, warps or sags permitted except with the permission of the City. The trench bottom shall be cut to proper grade so that when the pipe is laid the body or barrel of the pipe shall be on solid material. Bell holes are to be excavated in the trench bottom at all pipe joints. H. Connecting Surface Water Drainage person shall make connection of roof foundation drains, areaway drains or runoff or ground water to a building which in turn is connected directly sanitary sewer. To Building Sewer: No downspouts, exterior other sources of surface sewer or building drain ~r indirectly to a public I. Service Connection Requirements: The service connection to the public sewer shall conform to the requirements of the Building and Plumbing Codes as adopted by the City. In addition, the materials and workmanship of the service connection shall meet the following requirements: 1. Precast Fittings: A precast service connection fitting shall be installed as an increment of the sewer pipe line or installed as an external fabrication to the sewer pipe line; said fabrication to be installed within the center one-third (1/3) of an individual laying length of the public sewer pipe, as a precaution in preventing the breaking of the bell or the spigot end of the sewer pipe. The service connection fitting shall be installed as a watertight connection to the public sewer, care being taken not to extend the building sewer line into the public sewer line, therefore, creating a possible restriction. The invert of the building sewer line at the service connection fitting shall be at an elevation above the • invert of the public sewer at least equal to two-thirds (2/,) of the diameter of the public sewer. All foreign material shall be removed from the sewer pipe and there shall be a permanent connection which is air-tight and watertight between the public sewer line and the building sewer line. ME3 • 2. Connection Fee: 9-4 (16) a. The building sewer service connection fitting to reinforced sewer pipe lines shall be made as specified under subsection 11 above, except that in cutting a hole in reinforced pipe for installation of the service connection tee, extreme care shall be exercised to avoid damage to the pipe. The hold for the tee shall be carefully chipped first to expose the reinforcing steel and the steel cut by torch or saw. No chisel cutting of the reinforcing steel of any character will be permitted. b. In lieu of a standard service connection fitting, a riser service connection may be made to sewer lines that are deep below ground surface. The branch or riser shall be connected the same as a tee, except that it shall be set vertically over the public sewer pipe, and extended vertically upward such that the top of the riser is not to be less than five feet (5') below the surface of the ground. J. Notify City For Inspection: The applicant for the building sewer permit shall notify the City when the building sewer is ready for inspection and connection to the public sewer. K. Guarding Excavations: All excavations for building sewer installation shall be adequately guarded with barricades and • lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the City. (Ord. 339, 5-29-1979) L. Work Done By Contractor: The connection of the building sewer service to the public main sewer shall be made by a public works contractor having a valid license for this specialty work. (Ord. 477, 4-21-1987) 9-4-12: INDUSTRIAL USERS: All industrial users of the sewerage system shall comply with any applicable requirements of sections 204(b), 307 and 308 of the Federal Water Pollution Control Act. There shall be two (2) classes of industrial users: 1) major contributing industry, and 2) minor contributing industry. A. Contributing Industries Defined: The contributing industries are defined as follows: 1. Major Contributing Industry: A major contributing industry is one that: • a. Will contribute greater than ten percent (10~) of the design hydraulic flow of the treatment works. b. Will contribute greater than ten percent (10~) of the design pollutant loading of the treatment works. ME3 9-4 (17) • c. Has in its waste a toxic pollutant in toxic amounts as defined in standards issued under section 307 (a) of the Act. d. Has significant impact, either singly or in combination with other contributing industries, on the sewerage system or the quality of its effluent. 2. Minor Contributing Industry: A minor contributing industry shall be all industries not included in the major contributing industry classification as defined herein. B. Requirements: 1. Monitoring Wastes: All major contributing industries' wastes shall be monitored by the City or industry on a regular basis at intervals not less than monthly, and more frequently as the characteristics of the specific industrial discharge may dictate. Minor contributing industries shall be monitored by the City or industry as the characteristics of the specific industrial discharge may dictate as determined by the City. 2. Reports To City: All major contributing industries shall submit to the City on the first day of the months of June and December, a statement in writing regarding specific actions taken to achieve full compliance with the requirements of section 307 of the Act. Are these the correct months for reportinQ7 Response: Yes No Change as follows: 3. Report Changes In Flow Or Characteristics: Each contributing industry shall report any substantial (exceeding 10~ ±) change in flow or characteristics of wastewater being discharged into the sewerage system. The report shall include quantity and quality of effluent and duration and frequency of discharge. (Ord. 339, 5-29-1979) 9-4-13: INSPECTION AND APPROVAL OF CONNECTIONS: No connection of any kind to a public sewer line shall be made and no sewage permitted to flow through such connection except pursuant to inspection of and approval issued by the City. See Section 9-4-11 of this Chapter for sewer permits, inspection fees, inspection notices, etc. (Ord. 339, 5-29-1979) • 9-4-14: REJECTION OF MATERIALS OR WORKMANSHIP: The City may reject any material or workmanship for cause and, upon such order, rejected material shall be removed and ME3 9-4 (18) • replaced with approved material. Disapproved workmanship shall cause the removal and replacement of all materials involved, including appurtenances, excavation, backfilling and other work items. (Ord. 339, 5-29-1979) 9-4-15: SEWER LINE EXTENSIONS: A. Compliance With Master Plan: All proposed extensions of the Municipal sewerage system to serve undeveloped areas within the existing corporate limits, newly annexed areas or areas outside the corporate limits shall comply with the overall master plan for the Municipal sewerage system. B. Owner Responsible For Costs; Exception: Costs for all extensions which lie outside the boundary limits of the property for which the extension is requested shall be the responsibility of that property owner or his agent. Cost for sewer extensions within the property for which the extension is requested shall also be the responsibility of the owner or his agent. Sewer extensions shall be required to extend to the farthest boundary of the development. When it is necessary to install oversized lines as part of an extension, the cost of all oversized lines will normally be the responsibility of the owner or his agent. However, the City may in its discretion, • if it has uncommitted funds in its sewer construction account, participate in a portion of the cost of any oversized sewer lines. C. Newly Developed Areas: Unless a special permit is granted by the City, all Municipal sewerage system extensions into newly developing areas shall be installed prior to the construction of any new streets. D. Compliance With City Specifications: All design and construction of any extensions to the Municipal sewerage system shall comply with the official specifications for sewerage system extensions as adopted by the City. E. Preparation And Filing Of Plans: The plans for all extensions to the sewerage system shall be prepared and signed by a registered professional engineer as per the licensing requirements of the Idaho Code. Three (3) copies of the said plans shall be filed with the City. Two (2) copies of the plans shall be filed with the Idaho Department of Health and Welfare for their review and approval as required by the Idaho Code. In approving a plan for extension to the Municipal sewerage system, the City reserves the right to stipulate other requirements such as a special permit fee, rights-of-way limits, sequence of construction, time limits for having • existing service disrupted, the filing of a performance bond and other similar measures as may be required to protect the public. No work shall commence on any such extension of the Municipal sewerage system until the extension project has been approved by the City. ME3 9-4 (19) • F. Certification By Registered Engineer: After the construction of any Municipal sewer system extensions, it shall be the obligation of the owner, or his agent, to have a registered professional engineer certify to the City and to the Idaho Department of Health and Welfare that the said system extensions were installed in accordance with the approved plans and specifications on file with the respective agencies. Following certification by the registered professional engineer and acceptance by the City, the entire extension of the Municipal sewerage system, including the City sewer service lines, shall become the property of the City and it shall be the City's responsibility to maintain and operate the system thereafter. G. Connections Made After Extension Accepted: If it is necessary for the City to permit a sewer service connection and/or sewer service line at any time after the extension has been originally accepted by the City, the owner or his agent shall be required to pay the sewer hookup fee as well as the standard permit and inspection fees as may be established by the City for such purposes. (Ord. 477, 4-21-1987) 9-4-16: BACKFILLING: . Backfilling of building sewers and service connections within the limits of public rights of ways or easements shall conform to special specifications promulgated by the City, for sewer installation, and shall be subject to inspection by and approval of the City. (Ord. 339, 5-29-1979) 9-4-17: SEWER AND WATER PLANS ADOPTED: A. Adoption Of Plans: The sewer and water plans as defined in the "Preliminary Report - Rural Community Sewer and Water Plan for Ada County - Meridian" is hereby adopted as the Sewer and Water Plan for Meridian. B. Treatment Requirements: Sewage treatment for Meridian will be economically efficient; environmentally beneficial; in compliance with Idaho and Federal regulations; and consisting of either secondary treatment with discharge to the Boise River, advanced treatment with discharge to Five Mile Creek or spray disposal following treatment, depending on the economic, engineering, financial, environmental and legal constraints defined in the pre-engineering studies necessary before construction or financing. (Res. 54, 11-5-1973) • 9-4-18: SEWER CONSTRUCTION EQUIVALENCY FEE: A. Payment Of Fee Required: Notwithstanding any of the provisions of this Chapter, any person, firm, partnership, corporation or association or property owner who has not otherwise paid for, or contributed proportionately toward, the ME3 9-4 (20) • costs and expenses of constructing a sewer line, whether that construction has been performed by the City, a local improvement district or a private entity, or combination thereof, and who subsequently desires to connect to the City sewer system, shall be required to pay, in addition to the required connection charges of subsection 9-4-25B of this Chapter and the monthly user charges of Section 9-4-24 of this Chapter, an additional connection charge which shall be known as an "eight inch (8") diameter sewer line equivalency fee". This fee shall hereafter be referred to as the "sewer construction equivalency fee". In determining who has or has not paid, or contributed proportionately, toward the costs and expenses of constructing a sewer line, the sole factor shall be whether that user, or a predecessor in title of the user's property, has in fact, paid consideration to the City in cash, services, or in kind, for the construction of the sewer trunk line to which he now desires to connect, which consideration is commensurate with what the user, or his predecessor in title, would have paid under this Section had the user not paid or contributed previously to the cost of construction of the sewer line. B. Fee Set By Board Of Appraisers: The sewer construction equivalency fee for each parcel of ground connected to a trunk sewer line shall be established and set by the Sewer Board of • Appraisers which shall consider the use to which the property will be put, the expected flows, the amount of capacity of the trunk line that will be used by the proposed use, and the type of effluent. The Board shall also take into consideration the amount of land that might be able to be serviced by the trunk sewer line whether the land be directly adjacent to the trunk line or not and shall also take into consideration the cost of the engineering and construction of the trunk line, in current dollars, and shall consider the interest that could have been earned on the money used to pay for the original sewer line. The sewer construction equivalency fee may be different for residential, commercial, and industrial uses and may be different for differing uses within those three (3) classifications depending upon the considerations referenced above but shall be as consistent as possible under similar factual circumstances. The sewer construction equivalency fee shall be assessed in terms of single-family equivalent connections. (Ord. 482, 6-16-1987) 9-4-19: CO-OPERATIVE AND REIMBURSEMENT AGREEMENTS: A. Reimbursement To Sewer User: Should a sewer user at his own expense construct an extension to the sewer system in a public right of way or easement with prior approval of the City and • in accordance with the standards and designs of the City and which sewer line extension has been determined by the City to be able to benefit properties other than the user's, the sewer user constructing the extension may request that the City enter into an agreement with the user such that all or a portion of the costs of extending the sewer line will be ME3 9-4 (21) • reimbursed to that sewer user from the connection charges collected under Section 9-4-18 of this Chapter from those property owners who will benefit from the sewer line extension and who otherwise have not paid or contributed their proportionate share of the construction costs of that sewer line and who are required to pay the sewer construction equivalency fee. The City shall not be required to enter into such an agreement and whether or not to enter into such an agreement shall be at the sole discretion of the City Council; provided however, that: 1. No reimbursement agreement shall have a duration greater than ten (10) years unless the City is a beneficiary of the agreement. Is the time period correct? Response: Yes , No , Change as follows: 2. No reimbursement agreement shall pay to the sewer user paying for or constructing a sewer line extension more than • one hundred percent (100$) of his actual engineering and construction costs, it being noted that in most cases at least some of the cost would ordinarily be assessed to the sewer user's own property. 3. A reimbursement agreement may provide for interest to be paid to the sewer user. 4. The City may charge and may receive a ten percent (10~) administrative fee for handling the accounting, auditing, and payment of the reimbursement payments made to the sewer user so extending the sewer line and having reached a reimbursement agreement with the City. Is the fee percentage current? Response: Yes No Change as follows: 5. All or a part of the sewer construction equivalency fee associated with the sewer line constructed and paid pursuant to Section 9-4-18 of this Chapter may be set aside and • earmarked for reimbursement pursuant to a reimbursement agreement. 6. The reimbursement agreement shall be personal to the sewer user entering into it and shall not be assigned without the written consent of the City, which consent will not be ME3 • • unreasonably withheld. 9-4 (22) 7. The agreement will terminate when the user has been fully reimbursed if the agreed upon reimbursement amount is paid prior to the end of the term of the agreement. 8. The agreement shall be binding on the sewer user and his assigns, successors, heirs and executors and may be recorded as an encumbrance against the property of the sewer user. 9. The sewer user shall be required to indemnify and hold the City harmless from any and all liability whatsoever until the sewer line has been accepted for maintenance by the City. 10. Said lines, after acceptance, shall become part of the City sewerage system and be the sole property of the City. B. Reimbursement To City: Where the City constructs a sewer line extension, either on its own or in conjunction with another person or entity, the City may enter into a reimbursement agreement as authorized above such that the City is reimbursed for its costs of construction, engineering, legal costs and interest. (Ord. 482, 6-16-1987) 9-4-20: SEWER BOARD OF APPRAISERS: A. Board Created: There is hereby created the Sewer Board of Appraisers, consisting of three (3) members, to be the same persons as the Mayor, the City Clerk and the Engineer for the City. Are the officials listed above those curreatly acting as said Board members? Response: Yes No Change as follows: B. Duties: 1. Generally: The Sewer Board of Appraisers shall be delegated the duty of establishing all rates, charges or fees made and established under authority of this Chapter, subject to the approval of the City Council. 2. Promulgate Rates And Charges; Publication; Hearing: The . Sewer Board of Appraisers has the power to promulgate such rates, charges or fees or changes in rates, or fees; and all such proposals shall be filed with the City Clerk. Thereupon the City Clerk shall have a concise statement of the proposed rates published in a daily issue of a newspaper of general circulation in the City, setting forth a date and place for a ME3 9-4 (23) • public hearing before the said Board, upon the said rates, which hearing shall be held not less than ten (10) days after the publication of said notice. The Sewer Board of Appraisers shall, upon the date and at the place set forth in said notice, hold a public hearing and shall have the power to ratify, confirm, modify or approve the said appraisement and assessment. (Ord. 339, 5-29-1979) 9-4-21: SEWER CHARGE APPRAISAL: If the user or owner disputes a sewer connection fee or monthly user charge, the user or owner may request that the parcel being subject to sewer connection, charge, periodic user charge, or other fees as provided for in Section 9-4-23 of this Chapter be appraised and assessed by the Sewer Board of Appraisers for the purpose of establishing the equivalent connection rating, the sewer connection charge, the inspection fee, the monthly service charge or other fees to be charged or assessed to and against such property. In making such appraisement and assessment, there shall be taken into consideration the area of land being served and the amount of flow (Q), the biochemical oxygen demand (BOD), the suspended solids (SS) and any other pertinent components of the wastes that the user is contributing to the system so as to • establish, as nearly as possible, the rate, charge or fee for each property on the same relative basis as is imposed upon other like property and uses within the City that has or will receive the sewer service. This procedure may also be used to determine the initial charges set forth herein or to change or modify the initial charges. (Ord. 477, 4-21-1987) 9-4-22: FINAL APPROVAL OF SCHEDULE OF CHARGES: After the said hearing, upon any charge, rate or fee provided by this Chapter, the Sewer Board of Appraisers shall submit a final schedule of recommended charges, rates or fees, or a recommended change in present charges, rates and fees to the City Council. The City Council thereupon has the power to approve, confirm, modify or amend the same and the decision of the City Council shall be final. Upon final approval of the City Council, the same shall then and there be in effect and a copy thereof shall be filed in the office of the City Clerk. (Ord. 339, 5-29-1979) 9-4-23: BASIS FOR SEWER CHARGES: A. System Of Charges Established: There is hereby established • a system of connector charges, permit and inspection fees, industrial cost recovery charges, periodic service charges and other fees for the use of, and for service rendered by the sewerage works of the City, and which charges, rates and fees shall be as near as possible, uniform as to the different classes of property served by said sewerage works. The rates, ME3 9-4 (24) • charges and fees provided by this Chapter are hereby levied and assessed against each lot, parcel of land, building or property having any connection with the sanitary sewerage works of the City or otherwise discharging sanitary sewage, industrial wastewater or other liquids directly into the sanitary sewerage works of the City. The rates, charges and fees shall be billed to and paid by the owner of each lot, parcel of land, building or property served by the sewerage system. B. Property Subject To Charges: It is specifically enacted that all property in the City to which a public sewer is available and is required to connect to the sewer as required in Section 9-4-8 of this Chapter, but is not used by the owner or occupier of said parcel of land, is still subject to user charges under the provisions of this Chapter. (Ord. 376, 7-7-1980) 9-4-24: SEWER USER CHARGES AND CONNECTION FEES: The monthly sewer user rates for sanitary sewer service in the City are based on gallons of water used as determined by the water meter readings. Residential homeowner's sanitary sewer • user charges will be based on the actual water recorded for monthly water meter readings during the period of the year from October 15 to the following March 15. For the following seven (7) month period, the average monthly reading for the period of October 15 to the following March 15 shall be the basis for the monthly sewer user charge. Provided however, for averaging purposes, the Mayor and City Council may, by a duly enacted resolution, change the above date of October 15 to November 15 for any particular year if it finds the fall season to have been particularly warm requiring lawn sprinkling to have been necessary past October 15. Also, provided, however, where there is a new owner, a new occupancy, or a change in occupancy, such as in the case of sale or new residence construction or sales of existing residences, between October 15 and March 15, the sewer user charge shall be based on the average residential water use in the City which is six thousand five hundred (6,500) gallons per month unless the owner/user can show, by current water meter readings, that his use is less than six thousand five hundred (6,500) gallons. All other users such as commercial and industrial shall be based on their monthly water consumption. The user charges may be reviewed annually. The user charge system is based on the following: (Ord. 477, 4-21-1987) Are the dates, time periods and gallon amounts current? • Response: Yes No Change as follows: ME3 9-4 (25) • See shaded and underlined word above. we suggest adding the word "season" for clarity. Does the City agree? Response: Yes No Change as follows: A. Monthly Service Charges: 1. The minimum sewer charge shall be eleven dollars seventy three cents ($11.73) per month, based on a use of four thousand (4,000) gallons per month or less. 2. The charge for use in excess of four thousand (4,000) gallons per month shall be the minimum amount of eleven dollars seventy three cents ($11.73) per month, plus an additional charge of two dollars sixty cents ($2.60) per one thousand (1,000) gallons of water used or portion thereof above the four thousand (4,000) gallon minimum. (Ord. 742, 9-17-1996) B. Schedule Of Fees And Charges: The sewer connection fees and • charges are based on the following schedule; all other users will require special appraisal and will be computed on an individual basis: No. of Equiv. Classification Connections Apartment (see Multiple living unit) Bank 2.00 Bar 2.00 Barber shop, per chair 0.50 (minimum 1.00) Beauty salon, per operator station 0.50 (minimum 1.00) Bowling alley, per lane 0.20 (minimum 1.00) Cafe, per customer seating capacity 0.10 (minimum to be 2.00 equivalent connections) • Car dealer 2.00 Car wash (to be computed on an individual xxx basis) ME3 • Church 2.00 Club, private 2.00 Condominium (see Multiple living unit) Dentist, per practitioner 1.00 Department store (per 3,000 square feet) 1.00 Doctor, per practitioner 1.00 Drug store 2.00 Dry cleaners 2.00 Duplex (see Multiple living unit) Fourplex (see Multiple living unit) Garage (minimum) 2.00 Grocery store (see Retail food store) • Hospital, per bed 0.15 Industry (see Major or Minor contributing industry) Laundries: Self-service up to and including 10 4.00 washing machines Each washing machine in excess of 10 0.25 Commercial (to be computed on an xxx individual basis) Lodge or private club 2.00 Major contributing industry (as per xxx separate agreement) Minor contributing industry (as per xxx separate agreement) Mobile home court or park First space 1.00 • Each additional space, long term tenant type 1.00 Each additional space, short term 1.00 tenant type 9-4 (26) Mobile home or trailer house on 1.00 ME3 • own premises Motel, hotel, rooming house, etc. Without cooking facilities First unit 1.00 Each additional unit 0.25 With cooking facilities First unit 1.00 Each additional unit 0.50 Multiple living unit Studio or one bedroom 1.00 Two bedrooms 1.00 Three or more bedrooms 1.00 Office building for each 2,500 square feet 1.00 of gross floor space or fraction thereof Photo development lab 2.00 Restaurant, per customer seating capacity 0.10 (minimum to be 2.00 equivalent connections) • Retail food store for each 1,500 square feet 1.00 of gross floor space or fraction thereof Retail store for each 3,000 square feet 1.00 of gross floor space or fraction thereof Service Station Gas and restroom service only 2.00 Full service 4.00 With car wash (to be computed on an xxx individual basis) Schools per each 50 students in average 1.00 daily attendance or fraction thereof Single-family residence 1.00 Swimming pool Public (to be computed on an xxx individual basis) Private, for each 500 square feet of pool 0.25 water surface area or fraction thereof Tavern 2.00 • Theater 2.00 9-4 (27) Townhouse 1.00 ME3 . Trailer court or park First unit 1.00 Each additional space, long term 0.75 tenant type Each additional space, short term 0.50 tenant type Triplex (see Multiple living unit) Railroad depot 2.00 Variety store for each 3,000 square feet 1.00 of gross floor space or fraction thereof !SETLRM!!SETFNT!!SETTAB! (Ord. 477, 4-21-1987) 9-4 (28) 9-4-25: SEWER CONNECTION REQUIREMENTS; FEES AND CHARGES: A. Permit Required; Fees: 1. Application For Permit: To obtain Municipal sewer service, the owner or his agent shall make application on a special form furnished by the City. The permit application shall be • supplemented by any plans, specifications or other information considered pertinent in the judgment of the City. 2. Permit And Inspection Fee: A permit and inspection fee shall be paid to the City at the time the application is filed. Also, the owner or his agent shall pay to the City, at the time the application is filed, a connection charge in the amount as provided for in Section 9-4-24 of this Chapter. The amount of the permit and inspection fee shall be determined by the Sewer Board of Appraisers as herein provided. (Ord. 339, 5-29-1979) B. Sewer Connection Charge: The owner, or his agent, of all properties connecting to the public sewer of the City under the terms of this Chapter shall pay a sewer connection charge of one thousand five hundred eighty dollars ($1,580.00) for each equivalent connection or fraction thereof as may be assigned to the property by the City. (Ord. 742, 9-17-1996) C. Materials And Construction Methods: The materials of construction of the sewer service line and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling of the trench and surface replacement shall all conform to the requirements of specifications and codes as have been or may be adopted by the City. • D. Separate Connection For Each Building: A separate and independent City sewer service connection shall be provided for each building. E. Notify City For Inspection: The applicant for the City sewer service connection shall notify the City when the ME3 9-4 (29) • connection of the sewer service connection and line to the public sewer main is ready for inspection. (Ord. 339, 5-29-1979) 9-4-26: SPECIAL SEWER USER CHARGE FOR OUTSIDE CITY LIMITS: The City may permit the use of the sewerage works by individual properties that are partially or entirely outside the corporate limits of the City. Each request for such service must be approved by the City Council and all regulations of this Chapter must be complied with by such special sewer user. The sewer user will be considered a special user as long as the property being served remains outside the corporate limits of the City. The fees and charges for service outside the corporate limits shall be the same as within the corporate limits; provided, however, the connection fees shall be double the fee charged a user within the corporate limits. (Ord. 447, 2-19-1985) 9-4-27: BILLING AND PAYMENT OF MONTHLY CHARGES: All monthly sewer charges shall be due and payable from the owner to the City Clerk between the first and tenth day of • each month for billing from the previous cycle. For new construction, the monthly user charge shall be computed from the date the service connection has been inspected and approved or when the building being served is substantially completed, whichever is the latest date. For new residential construction completed during the seven (7) lawn sprinkling months, the monthly sewer user charges shall be based on the use of six thousand five hundred (6,500) gallons per month. Upon failure to pay the same, as prescribed, each user shall pay in addition to the amount due, a fine of one dollar ($1.00) or ten percent (10~) of charges due, whichever is greater. (Ord. 477, 4-21-1987) Are the fee and percentage current? Response: Yes No Change as follows: 9-4-28: DELINQUENCIES; CITY PROCEDURE: A. Termination Of Water Service For Nonpayment: If a sewer • user has not paid his monthly charges by the tenth of the month, it shall be deemed delinquent. The City shall follow the procedure set forth in Section 9-1-21 of this Title for termination of water services, and shall cause the water supplied to said sewer user to be turned off from the premises, the City taking notice that, without water, the ME3 9-4 (30) • sewer system of the user cannot be used and shutting off the water is the only way to prevent the use of the sewer for nonpayment; provided, if the charges are not paid within ten (10) days after the delinquency notice, an additional penalty of one dollar fifty cents ($1.50) or fifteen percent (15~) of charges due, whichever is greater, will be added to the account. Are the fee and percentage current? Response: Yes No , Change as follows: B. Lien Against Property: All delinquent charges or fees, as provided by this Chapter, not paid after the final determination of the sewer user's account shall be imposed as a lien against and upon the property or premises against which such charge or fee is levied or assessed, and the City Clerk shall, at the time of certifying the City taxes, certify such delinquencies together with all penalties to the Tax Collector of Ada County, Idaho, and when so certified, the same shall be • a lien upon the property and will be collectible as other taxes. C. Use At New Location: The owner of any property leaving a delinquency in sewer fees at any location shall not be entitled to the use of the sewerage system at any new location until all fee delinquencies are paid. D. Disposition Of Monies Collected: All monies collected by the City Clerk under the provision of this Section shall be paid over to the City Treasurer in the same manner as is required for the payment of other City monies. (Ord. 376, 7-7-1980) 9-4-29: DISCONNECTION OF SERVICE FOR NONPAYMENT: A. Discontinue Sewer And Water Service: The provisions of this Chapter shall apply to all property within the corporate limits of the City, including all property owned or occupied by the United States of America, Ada County, and the State of Idaho, and in case of nonpayment or delinquency, the Superintendent of Sewers is, after the City has complied with the provisions of Section 9-4-28 of this Chapter, hereby authorized and directed to disconnect and/or plug the sewer connection with the sewer system of Meridian and direct the • Water Superintendent to terminate the water supply to the property. (Ord. 477, 4-21-1987) B. Penalty For Turning On Water: If any person, after the water has been turned off from the premises on account of nonpayment of rates or other violation of this Chapter or the ME3 • rules and regulations pertaini turn on or permit to be turned to be used, without authority, misdemeanor and, on conviction penalty as provided in Section offense. (Ord. 477, 4-21-1987; 9-4-30: SEWERAGE SYSTEM FUND: 9-4 (31) zg to the sewer service, shall on or use or permit the water he shall be guilty of a thereof, shall be subject to 1-4-1 of this Code for each 1997 Code) A. Fund Established; Purpose: All fees and charges received and collected under authority of this Chapter shall be deposited and credited to a special fund to be designated as the Sewerage System Fund. The accounts of said Fund shall show all receipts and expenditures for the maintenance, operation, upkeep and repair of the sewerage works and any payments into sinking funds as may be established for the purpose of: 1. Paying principal of and interest on the general obligation sewer bonds of the City which shall from time to time be outstanding; 2. Industrial cost recovery funds for payment to EPA; 3. Sewerage capital improvement funds for industrial cost • recovery payments that are to be used exclusively for future expansion, upgrading or reconstruction on the sewage system eligible for EPA assistance; and 4. Other special funds as may be established by the City Council. B. Disposition Of Funds And Credits: As provided by law, when budgeted and appropriated, the funds and credits to the account of the Sewerage System Fund shall be available for the payment of the requirements for the maintenance, operation, repairs and upkeep of the sewerage works of the City and, to the extent legally available, for payment into a sinking fund established for the payment of the principal of and interest on the general obligation sewer bonds of the City which shall from time to time be outstanding. (Ord. 339, 5-29-1979) 9-4-31: RECEIPT AND DISBURSEMENT OF MONIES: All monies collected by the City Clerk under the provisions of this Chapter shall be paid, received, disbursed and accounted for as directed by the City Council. (Ord. 84, 10-8-1956) • 9-4-32: PRIVATE SEWAGE DISPOSAL SYSTEMS: Where a public sanitary sewer is not available under the provisions of this Chapter, the building sewer shall be connected to a private sewer disposal system complying with the provisions of this Chapter and in accordance with the ME3 9-4 (32) • following special provisions: A. Permit Required; Permit And Inspection Fee: Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit from the City. The application for said permit shall be made on a form furnished by the City, which the applicant shall supplement by plans, specifications and other information as may be deemed necessary by the City. A permit and inspection fee of twenty dollars ($20.00) shall be paid to the City at the time the application is filed. Is the fee current? Response: Yes No Change as follows: B. Inspection And Approval By City: A permit for private sewage disposal system shall not be effective until the installation is completed to the satisfaction of the City. The City shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit • shall notify the City when the work is ready for final inspection and before any underground works are covered. The inspection shall be made by the City within seventy two (72) hours after receipt of notice from the applicant, Saturdays, Sundays and holidays being excluded in calculating the elapsed time. C. Compliance With State Regulations: The type, capacities, location and layout of a private sewage disposal system shall comply with all of the rules and regulations and recommendations of the Idaho Department of Health and Welfare and/or the Central District Health Department. No septic tank or cesspool shall be permitted to discharge to any natural outlet. D. Connection To Public Sewer When Available: At such time as a public sewer becomes available to property served by a private sewage disposal system, a direct connection shall be made to the public sewer in compliance with this Chapter and any septic tank, cesspool or similar private sewage disposal facilities shall be abandoned and filled with suitable material. E. Operation In Sanitary Manner: The owners shall operate and maintain the private sewage disposal facility in a sanitary • manner at all times and at no expense to the City. F. Septic Tank Pumpings; Disposal And Fee: Septic tank pumpings shall not be deposited in any manhole, cleanout or sewer opening. The pumpings may be dumped at the sewage treatment plant at a point designated by the City. The number ME3 9-4 (33) • of gallons dumped and the nature of the wastes shall be provided to the plant operator prior to dumping. A fee for the septic tank dumping shall be determined by the Board of Appraisers. G. Additional State Requirements: No statement contained in this Section shall be construed to interfere with any additional requirements that may be imposed by the Department of Health and Welfare of the State of Idaho. (Ord. 339, 5-29-1979) 9-4-33: MAINTENANCE OF LINES; CONTRACTOR LICENSE: A. Maintenance Of Lines; Digging In Streets: All users of the sewer system shall keep their pipe connections and other apparatus in good repair and protected from freezing at their own expense, but no person, except under the direction of the Superintendent, shall be allowed to dig into the street, alley, sidewalk or easement beneath which the lateral and trunk line sewers run or to tap into any such lateral or trunk line in any manner. B. Work By Contractor, License Required: Any contractor digging within the limits of the public right of way shall • posses a valid public works contractor's license for that specialty. (Ord. 477, 4-21-1987) 9-4-34: POINT OF LIABILITY FOR MAINTENANCE: • A. User Responsibility: All users shall have the responsibility of, and be liable for, and shall pay for, all costs and expenses of maintaining their own sewer lines extending from their property until such sewer lines pass the vertical plane of the user's property line or until they reach City main sewer lines, whichever point is reached last. This liability of the user shall include the entire sewer service connection apparatus and plumbing equipment and materials. Thus, the City's end point of liability for maintenance shall be at such point as the City main sewer line connects to the user's sewer service connection, and not thereafter with the user having complete responsibility for the sewer service connection to the City main sewer lines. B. Nonconflicting Provisions: This Section shall not be construed to be in conflict with Section 9-4-33 of this Chapter, which states that no person shall be allowed to dig into the street, alley, sidewalk or easement beneath which the lateral and trunk line sewers run or tap into any such lateral or trunk line in any manner without the Superintendent's direction and authorization, in that such person shall still have to contact the Superintendent to obtain his permission to perform work within the street, alley, sidewalk or easement for which the user is liable. (Ord. 477, 4-21-1987) ME3 9-4 (34) • 9-4-35: USERS LIABLE FOR VIOLATION: No user of the City sewer service shall permit or allow any person from any other premises or any unauthorized person to discharge sewage into said system and the permit to connect with the sewer system shall be limited to the person and the premises designated in the permit. Any violation of this Section by either the permit holder or an unauthorized person shall be deemed a misdemeanor. Any such violations shall be grounds for the Superintendent to withhold sewer service, without notice of termination of service, and the Superintendent may require the Water Superintendent to terminate water service. In appropriate circumstances the Superintendent may require that a separate service connection is put in for each user. (Ord. 477, 4-21-1987) Isn't the sewer user allowed notice before termination of service, as is allowed before discontinuing water service (see Sections 9-1-21, 9-4-28 and 9-4-38)3 The rights of the individual are of paramount importance these days. Response: Retain text as is Change text as follows: n U 9-4-36: CITY NOT LIABLE FOR DAMAGE OR SERVICE INTERRUPTION: The City shall not be held liable for damages to any sewer user or his property by reason of a stoppage or other interruption of his water supply or sewer disposal service caused by scarcity of water, accidents to the works, alterations, additions, or repairs to the sewer or water system or from other unavoidable causes beyond the control of the City. (Ord. 477, 4-21-1987) 9-4-37: INJURY TO SEWERAGE SYSTEM UNLAWFUL: A. Damaging Property: No unauthorized person shall maliciously, wilfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the sewerage works. B. Depositing Garbage: It shall be unlawful for any person to deposit any garbage, rubbish, dead animals or any substance having a tendency to obstruct the flow of the sewer in any manhole, cleanout or sewer opening. (Ord. 339, 5-29-1979) • 9-4-38: PENALTIES: A. Notice Of Violation; Responsibility For Remedy: Any person found to be violating any provisions of this Chapter, other than for nonpayment of a sewer bill, shall be served by the ME3 9-4 (35) • City with a written notice stating the nature of the violation and providing ten (10) days for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations and if necessary make all corrections and repairs to the system or pay for same if the City has to make the correction or repair. (Ord. 477, 4-21-1987) B. Penalty Imposed: Any person who shall continue any violation, beyond the time limit provided for hereinabove in this Section shall be guilty of a misdemeanor and, on conviction thereof, shall be subject to penalty as provided in Section 1-4-1 of this Code for each violation. Each day in which such violation shall continue shall be deemed a separate offense. (Ord. 477, 4-21-1987; 1997 Code) C. Liability To City For Loss Or Damage: Any person violating any of the provisions of this Chapter shall become liable to the City for any expense, loss, or damage occasioned the City by reason of such violation and, for other than nonpayment of sewer bill violations, may have their sewer and water supply terminated after the above 10-day notice period has expired. D. Cumulative Penalties: These penalties shall not be construed to be exclusive but shall be construed to be • cumulative of, and in addition to, any other penalties provided for in this Code or the Criminal Code of the State of Idaho. As an example, a person injuring the sewer system could be criminally charged with malicious injury to property. For all violations initially charged as a criminal violation, the notice provisions provided for in this Chapter shall not apply. (Ord. 477, 4-21-1987) • • ~J • ME3 CHAPTER 5 SEWER PRETREATMENT Statute authority, I.C. § 50-1028. SECTION: 9-5--1: 9-5--2: 9-5--3: 9-5--4: 9-5--5: 9-5--6: 9-5--7: 9-5--8: 9-5--9: 9-5-10: 9-5-11: 9-5-12: 9-5-13: 9-5-14: 9-5-15: 9-5-16: 9-5-17: 9-5-18: 9-5-19: 9-5-20: 9-5-21: 9-5-22: 9-5-23: 9-5-24: 9-5-25: 9-5-26: Purpose And Policy Definitions Pretreatment Program Prohibited Discharge National Categorical State Requirements Local Limits Administration Standards Pretreatment Standards Deadline For Compliance Dilution Accidental Discharges Pretreatment Facilities Fees Compliance And Approval Required For Discharges Wastewater Discharge Data Disclosure Indirect Discharge Permit Standards Modifications User Reporting Requirements Monitoring Facilities Inspection And Sampling Confidential Information Records Retention Right Of Revision Enforcement; Hearing Investigation; Search Warrant Penalties 9-5 (1) Affirmative Defenses To Discharge Violations !2R! 9-5-1: PURPOSE AND POLICY: A. Purpose And Application Of Chapter: This Chapter sets forth uniform requirements for users of the publicly-owned treatment works (POTWs) and enables the City to protect public health and the environment in conformity with all applicable local, State and Federal laws relating thereto. Since this Chapter governs and relates to the health, welfare and safety of the citizens of the City and the users of the City publicly-owned treatment works and system, these provisions shall be applicable to all users, regardless of the date, time or place their use commenced. B. Objectives: The objectives of this Chapter are: 1. To prevent the introduction of pollutants into the POTW which will interfere with the normal operation of the system or contaminate the resulting Municipal slvdaer To prevent the introduction of pollutants into the POTW ME3 9-5 (2) • which do not receive adequate treatment and which will pass through the system into receiving waters or the atmosphere or otherwise be incompatible with the system; 3. To improve the opportunity to recycle and reclaim wastewater and sludge from the POTW; and 4. To protect the public using and the personnel operating the POTW. C. Authority And Limitations: This Chapter provides for the regulation of users of the POTW through the enforcement of administrative regulations. This Chapter authorizes the issuance of indirect discharge permits; authorizes monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program described herein. This Chapter does not provide for the recovery of operations, maintenance or replacement costs of the POTW or the costs associated with the construction of collection and treatment systems used by industrial dischargers, in proportion to their use of the POTW, which are the subject of separate enactments. (Ord. 697, 3-7-1995) • 9-5-2: DEFINITIONS: !DEF! ACT: The Clean Water Act (33 USC 1251 et seq.), as amended. APPLICABLE PRETREATMENT STANDARDS: For any specified pollutant, the discharge prohibitions are: the City's specific limitations on discharge, State standards, or the National Categorical Pretreatment Standards, whichever standard is most stringent. BYPASS: The intentional diversion of waste streams from any portion of a user's treatment facility. CATEGORICAL PRETREATMENT STANDARD: Any regulation containing pollutant discharge limits promulgated by the U.S. EPA in accordance with sections 307 (b) and (c) of the Act (33 USC 1317) which apply to a specific category of users and which appear in 40 CFR chapter I, subchapter N, parts 405 through 471. CATEGORICAL USER: A user regulated by one or more of EPA's Categorical Pretreatment Standards. • COOLING WATER/NONCONTACT COOLING WATER: which does not come into direct contact intermediate product, waste product, or Cooling water may be generated from any conditioning, heat exchangers, cooling which the only pollutant added is heat. Water used for cooling with any raw material, finished product. use, such as air ~r refrigeration to ME3 9-5 (3) • INDIRECT DISCHARGE: The discharge or the introduction of nondomestic pollutants into a POTW from a source regulated under section 307(b), (c)•or (d) of the Act. u • INDUSTRIAL USER OR USER: Any nonresidential user with an indirect discharge of effluent into a POTW by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches, and all constructed devices and appliance appurtenant thereto. This term includes Federal, State, and local facilities as part of the regulated community, since such entities are subject to Federal pretreatment regulations. INDUSTRIAL WASTE: Solid, liquid or gaseous waste resulting from any industrial, manufacturing, trade, or business process or from the development, recovery or processing of natural resources. INTERFERENCE: A discharge which alone or in conjunction with a discharge or discharges from other sources, either: 1) inhibits or disrupts the POTW, its treatment processes or operations; 2) inhibits or disrupts sludge processes, use or disposal; or 3) is the cause of a violation of the discharge permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder (or more stringent State or local regulations): section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) including title II more commonly referred to as the Resource Conservation and Recovery Act (RCRA) and including State regulations contained in any State sludge management plan prepared pursuant to subtitle D of the SWDA, the Clean Air Act, and the Toxic Substances Control Act. MINOR INDUSTRIAL USER (MIU) A nonresidential user with an indirect discharge to the POTW which does not meet the criteria as a significant industrial user or a significant connecting user, but whose operation and discharge may warrant inspection to ensure compliance with discharge prohibitions, pretreatment facility operation, spill prevention measures, and pollution prevention assistance. NPDES: National Pollutant Discharge Elimination System permit program as administered by the U.S. EPA or State. NEW SOURCE: Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under section 307 (c) of the Act, which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, and such building, structure, facility or installation: A. Is constructed at a site at which no other source is located, or ME3 9-5 (4) • B. Totally replaces the process or production equipment that causes the discharge of pollutants at an existing source, or C. Is constructed for production or wastewater generating processes which are substantially independent of an existing source at the same site, substantial independence being determined by factors such as: 1) the extent to which the new facility is integrated with the existing plant, and 2) the extent to which the new facility is engaged in the same general type of activity as the existing source. Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of subsections B or C above, but otherwise alters, replaces or adds to existing process or production equipment. For purposes of this definition, construction is deemed to commence when: • A. The owner or operator of the facility has entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering and design studies do not constitute a contractual obligation herein; or when B. The following are begun as part of a continuous on-site construction: 1. Any placement, assembly or installation of facilities or equipment, or 2. Significant site preparation work, including clearing, excavation or removal of existing buildings, structures or facilities, which is necessary for the placement, assembly or installation of new source facilities or equipment. • OTHER WASTES: Decayed wood, sawdust, shavings, bark, lime, refuse, ashes, garbage, offal, oil, tar, chemicals and all other substances except sewage and industrial wastes. POTW: Any sewage treatment works owned and operated by the City and the sewers and conveyance appurtenance discharging ME3 9-5 (5) • thereto, whether or not owned by the City. The term also means Meridian City Sewage Works since the U.S. Environmental Protection Agency issues the NPDES permits to Meridian City. PASS THROUGH: The occurrence of an indirect discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation). POLLUTANT: Any substance discharged into a POTW or its collection system which is prohibited or limited by Sections 9-5-4A and B, 9-5-5, 9-5-6 and 9-5-7 of this Chapter. This term includes dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, Municipal and agricultural wastes. PRETREATMENT: The reduction of the amounts of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater to a less harmful state • prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. PRETREATMENT REQUIREMENT: Any substantive or procedural requirement related to pretreatment, other than a "Categorical Pretreatment Standard", imposed on an industrial user. SEVERE PROPERTY DAMAGE: Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. SEWAGE: Water-carried human wastes or a combination of water- carried wastes from residences, business buildings, institutions and industrial establishments. SEWER: Any pipe, conduit, ditch or other device used to collect and transport sewage from the generating source. SHALL: Is mandatory. SIGNIFICANT CONNECTING USER (SCU) All private, public, or quasi-public reservation, compound, district, government installation, industrial, commercial, or domestic complex • which indirectly discharges to the POTW at single or multiple connection points to the City's sewer collection system. Upon determination by the Sewer Superintendent that an SCU, as a result of the discharge of toxic pollutants or high strength sewage as measured by BOD and TSS, causes or has the potential to cause interference with the operation and maintenance of ME3 9-5 (6) • the POTW, including its wastewater collection system, causes or has the potential to cause pass through of pollutants to the receiving waters, or causes or has the potential to cause interference with the treatment, disposal or beneficial reuse of the POTW's sludge, or that contributes greater than five percent (5$) of the total flow entering the POTW, the City may issue an indirect discharge permit to the SCU. Issuance of an indirect discharge permit may not be necessary if the SCU is regulated by an EPA-approved pretreatment program. SIGNIFICANT INDUSTRIAL USER (SIU) Any industrial users of the POTW: A. Subject to categorical pretreatment standards promulgated under 40 CFR 403.6 and 40 CFR chapter I, subchapter N, and B. Any other industrial user that: discharges an average of twenty five thousand (25,000) gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater); contributes a process waste stream which makes up five percent (5~) or more of the average dry • weather hydraulic or organic capacity to the treatment facility receiving the waste; or is designated as such by the City as defined in 40 CFR 403.12(a) on the basis that the industrial user has a reasonable potential, either singly or in combination with other contributing industries, for adversely affecting the POTW's wastewater collection and treatment system, the quality of sludge, the system's effluent quality, or air emissions generated by the system or for violating any pretreatment standard or requirement. C. Upon the subsequent finding that a user, which had met the above criteria, no longer has reasonable potential for adversely affecting the POTW's operation or for violating any applicable pretreatment standard or requirement, the POTW may at any time, on its own initiative or in response to a written request from the user (and in accordance with procedures in 40 CFR 403.8(f)(6)) may determine that such user should not be considered a significant industrial user. SLUGLOAD: Any discharge at a flow rate or concentration which • could cause a violation of the discharge standards in Sections 9-5-4A and B, 9-5-5, 9-5-6 and 9-5-7 of this Chapter or any discharge of a nonroutine, episodic nature, including but not limited to, an accidental spill or a noncustomary batch discharge. ME3 9-5 (7) • TOXIC POLLUTANTS: Pollutants or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under section 307 (33 USC 1317) of the Act. UPSET: An exceptional incident in which a user unintentionally and temporarily is in a state of noncompliance with the standards set forth in Sections 9-5-4A and B, 9-5-5, 9-5-6 and 9-5-7 of this Chapter due to factors beyond the reasonable control of the user, and excluding noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation thereof. USER: See Industrial User or User. WASTEWATER: Industrial waste, or sewage or any other waste including that which may be combined with any ground water, surface water or storm water, that may be discharged to the POTW. (Ord. 697, 3-7-1995) !DEFEND! 9-5-3: PRETREATMENT PROGRAM ADMINISTRATION: • Except as otherwise provided herein, the City's Public Works Director or his designee shall administer, implement, and enforce the provisions of this Chapter. (Ord. 697, 3-7-1995) 9-5-4: PROHIBITED DISCHARGE STANDARDS: A. General Prohibitions: No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other Federal, State, or local pretreatment standards or requirements. B. Specific Prohibitions: No user shall contribute or cause to be discharged, directly or indirectly, any of the following described substances into the wastewater collection system or treatment facilities: 1. Any wastewater having a pH less than five (5.0) or greater than nine (9.0) or having any other corrosive property capable of causing damage or hazard to structures, equipment or personnel of the system. • 2. Any toxic pollutants in sufficient quantity, either singly or by combined interaction to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals or to exceed the limitation set forth in National Categorical Pretreatment Standards. ME3 9-5 (8) • 3. Any liquids, solids or gases which by reason of their nature or quantity are, or may be sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in another way to the POTW or to the operation of the POTW. At no time shall two (2) successive readings on an explosion hazard meter, at the point of discharge into the system (or at any point in the system), be more than five percent (5~) nor any single reading over ten percent (10~) of the lower explosive limit (LEL) of the meter. Prohibited materials include, but are not limited to gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides, sulfide and any other substances which the POTW deems to be a fire hazard or a hazard to the system. 4. Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, waste streams with a closed-cup flashpoint of less than one hundred forty degrees Fahrenheit (140°F) (60°C) using the test methods specified in 40 CFR 261.21. 5. Any solid or viscous substances which will or may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater system, such as, but not • limited to: grease, garbage with particles greater than one-half inch (1/Z") in any dimension, animal guts or tissues, paunch manure, bones, hair, hides, or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent limestone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, gas, tar, asphalt residues, and residues from refining, or processing of fuel or lubricating oil, mud or glass grinding or polishing wastes. 6. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through. 7. Any noxious or malodorous liquid, gases or solids which either singly or by interaction are capable of creating a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for their maintenance and repair. 8. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems. 9. Any substance which may cause the POTW's effluent or treatment residues, sludges or scums to be unsuitable for • reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under section 405 of the Act; any criteria, guidelines or regulations affecting sludge use or disposal developed ME3 9-5 (9) • pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act or State standards applicable to the sludge management method being used. 10. Any substance which will cause the POTW to violate its NPDES and/or other disposal system permits. 11. Any substance with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions. 12. Any wastewater having a temperature which will inhibit biological activity in the POTW treatment plant resulting in interference; but in no case, wastewater with a temperature at the introduction into the POTW treatment plant which exceeds one hundred four degrees Fahrenheit (104°F) (40°C). If, in the opinion of the City, lower temperatures of such wastes could harm either the sewers, sewage treatment process or equipment; have an adverse effect on the receiving streams or otherwise endanger life, health or property; or constitute a nuisance, the City may prohibit such discharges. 13. Any unpolluted water in excess of two thousand (2,000) gallons per day including, but not limited to noncontact cooling water. See subsection D, Prohibitions On Unpolluted • Water. 14. Any wastewater at a flow rate and/or pollutant discharge rate which is excessive over a relatively short time period so that there is a treatment process upset and subsequent loss of treatment efficiency. 15. Any wastewater containing any radioactive wastes or isotopes of such half life or concentration as exceed limits established by the City in compliance with applicable State or Federal regulations. 16. Any wastewater which causes a hazard to human life or creates a public nuisance. Pollutants, substances, or wastewater prohibited by this Section shall not be processed or stored in such a manner that could result in their discharge to the POTW. C. Prohibitions On Storm Drainage And Ground Water: 1. Storm water, ground water, rain water, street drainage, subsurface drainage or yard drainage shall not be discharged through direct or indirect connections to the wastewater collection system unless a permit is issued by the POTW. The • POTW may approve the discharge of such water only when no reasonable alternative method of disposal and/or treatment is available. 2. If a permit is granted for the discharge of such waters into the sewer, the user shall pay the applicable charges and ME3 9-5 (10) • fees and meet such other conditions as required by the POTW. D. Prohibitions On Unpolluted Water: 1. Unpolluted water, including, but not limited to cooling water, process water or blowdown from cooling towers or evaporative coolers shall not be discharged through direct or indirect connection to the sewer unless a permit is issued by the POTW. The POTW may approve the discharge of such water only when no reasonable alternative method of disposal and/or treatment is available. 2. If a permit is granted for the discharge of such waters into the sewer, the user shall pay the applicable charges and fees and meet such other conditions as required by the POTW. E. Limitations On Point Of Discharge: No person shall discharge any substances directly into a manhole or other opening into the sewer other than through an approved building sewer connection unless a permit has been issued by the POTW. If a permit is granted for the discharge of such waters into the sewer, the user shall pay the applicable charges and fees and meet such other conditions as required by the POTW. F. Septage Waste: No person shall discharge any septage waste • into the sewer. Septage haulers who comply with the licensing requirements presented in title 5, chapter 21 of the Boise City Code may deposit their septage at the site designated by Meridian City as a receiving facility. G. Acceptance Of Ground Water From Cleanup Projects: Wastewater generated from the cleanup of spills, leaking underground storage tanks, monitoring wells or other similar sources shall not be discharged through direct or indirect connections to the sewer unless a permit is issued by the POTW. The POTW may approve the discharge of such water only when no reasonable alternative method of disposal and/or treatment is available. If a permit is granted for the discharge of such waters into the sewer, the user shall pay the applicable charges and fees and meet such other conditions as required by the POTW. Each temporary discharge permit must be reviewed and reissued if the user wishes to discharge past the original expiration date. H. Additional Pretreatment Measures: 1. Whenever deemed necessary, the Pretreatment Coordinator may require users to restrict their discharge during peak flow periods, designate that certain wastewaters be discharged only into specific sewers, relocate and/or consolidate points of • discharge, separate sewage waste streams from industrial waste streams, and such other conditions as may be necessary to protect the POTW and to determine the user's compliance with the requirements of this Chapter. Does the City have a "Pretreatment Coordinator", or does the • r1 U r1 LJ ME3 9-5 (11) Public works Director perform this function? If a text change is deemed appropriate, please so indicate. Response: Leave as is , Change as follows: 2. Grease, oil, and sand interceptors shall be provided when they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, or sand; except that such interceptors shall not be required for residential users. All interception units shall be of a type and capacity approved by the appropriate building department having authority and shall be so located as to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired regularly, as needed, by the user and at their expense. (Ord. 697, 3-7-1995) 9-5-5: NATIONAL CATEGORICAL PRETREATMENT STANDARDS: National Categorical Pretreatment Standards as promulgated by the U.S. Environmental Protection Agency (EPA) pursuant to the Act and found in 40 CFR chapter I, subchapter N, parts 405 through 471 are hereby incorporated and shall be enforceable by this Chapter. (Ord. 697, 3-7-1995) 9-5-6: STATE REQUIREMENTS: State requirements and limitations on discharges to the POTW shall be met by all users which are subject to such standards in any instance in which they are more stringent than Federal requirements and limitations, or those in this Chapter or other applicable ordinance(s). (Ord. 697, 3-7-1995) 9-5-7: LOCAL LIMITS: In addition to National Categorical Pretreatment Standards referenced in Section 9-5-5 of this Chapter, no user shall discharge wastewater containing concentrations (and/or mass limitations) of substances exceeding the following local limits: Parameter Maximum Daily Concentration (mg/I) Arsenic Cadmium Chromium (total) Copper Cyanide (total) 0.25 0.11 2.77 3.38 1.20 ME3 9-5 (12) • I ron 1.50 ' Lead 0.69 Mercury 0.50 Nickel 3.98 Silver 0.43 Zinc 2.61 TOTAL ORGANICS (TTO) 2.13 " !SETLRM!!SETFNT!!SETTAB! * Nonmetal finishing standards. ** See list of organic chemicals included in total toxic organics (TTO) regulated under electroplating and metal finishing categories maintained at the Meridian sewer plant. Wherever a user is subject to both a National Categorical Pretreatment Standard and a local limit for a given pollutant, the more stringent limit or pretreatment standard shall apply. (Ord. 697, 3-7-1995) 9-5-8: DEADLINE FOR COMPLIANCE: A. Existing Users: Compliance by existing users covered by categorical pretreatment standards shall be within three (3) • years of the date the standard is effective unless a shorter compliance time is specified in the appropriate standard. Meridian City shall establish a final compliance deadline date for any existing user not covered by categorical pretreatment standards or for any categorical user when local limits for said user are more restrictive than EPA's Categorical Pretreatment Standards. B. New Source Dischargers: New source dischargers are required to comply with applicable pretreatment standards within the shortest feasible time (not to exceed 90 days from the beginning of discharge). New sources shall install and have in operating condition, and shall start-up, all pollution control equipment required to meet applicable pretreatment standards before beginning to discharge. C. Categorical Users: Any indirect discharge permit issued to a categorical user shall not contain a compliance date beyond any deadline date established in EPA's Categorical Pretreatment Standards. Any other existing user or a categorical user that must comply with a more stringent local limit, which is in noncompliance with any local limits, shall be provided with a compliance schedule placed in an indirect discharge permit to ensure compliance within the shortest time feasible. (Ord. 697, 3-7-1995) • 9-5-9: DILUTION: No user shall increase the use of potable or process water or, in any other way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve ME3 9-5 (13) • compliance with the local limits or the National Categorical Pretreatment Standards. The City may impose mass limitations on users which are using dilutions to meet the pretreatment standards or requirements of the ordinance, or in other cases where the imposition of mass limitations is deemed appropriate by the City. (Ord. 697, 3-7-1995) 9-5-10: ACCIDENTAL DISCHARGES: A. Accident Prevention: Each user shall provide protection from the accidental discharge of prohibited or regulated materials or substances established by this Chapter. Where deemed necessary by the City, facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the user's cost and expense. An accidental spill prevention plan (ASPP) showing facilities and operating procedures to provide this protection shall be submitted to the City for review and approval before construction of the facility or implementation of procedures. Each existing user shall complete and submit its ASPP within sixty (60) days after notification by the City. B. Implement Accident Prevention Plan: Each user shall implement its ASPP as submitted after such ASPP has been • reviewed and approved by the City. Review and approval of such plans and operating procedures by the City shall not relieve the user from the responsibility to modify its facility as necessary to meet the requirements of this Chapter. C. Addressing Elements: Any user required to develop and implement an ASPP shall submit a plan which addresses, at a minimum, the following elements: 1. Description of discharge practices, including nonroutine batch discharges; 2. Description of stored chemicals; 3. Procedures for immediately notifying the POTW of any accidental or slug discharge. Such notification must also be given for any discharge which would violate any of the standards in Sections 9-5-4A and B, 9-5-5 and 9-5-6 of this Chapter; and 4. Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of material, loading and unloading operations, control of plant site runoff, worker training, building of • containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and/or measures and equipment for emergency response. D. Notify City Of Accidental Discharge: Users shall notify the City wastewater treatment plant immediately upon the ME3 9-5 (14) • occurrence of the "slugload", or accidental discharge of substances prohibited by this Chapter. The notification shall include location of discharge, date and time thereof, type of waste, concentration and volume, and corrective actions. Any user who discharges a slugload of prohibited materials shall be liable for any expense, loss or damage to the POTW, in addition to the amount of any fines imposed on the City on account thereof under State or Federal Law. (Ord. 697, 3-7-1995) 9-5-11: PRETREATMENT FACILITIES: Users shall provide necessary wastewater pretreatment as required to comply with this Chapter and shall achieve compliance with all applicable pretreatment standards within the time limitations as specified by appropriate statutes, regulations and ordinances. Any facilities required to pretreat wastewater to a level acceptable to the City shall be provided, properly operated and maintained at the user's expense. Detailed plans showing the pretreatment facilities shall be submitted to the City for review and must be acceptable to the City before construction of the facility. The review of such plans shall in no way relieve the discharger from the responsibility of modifying its facility • or operations as necessary to produce an effluent acceptable to the City under the provisions of this Chapter. Within a reasonable time after the completion of the wastewater pretreatment facility, the user shall furnish its operations and maintenance procedures for the City to review. Any subsequent significant changes in the pretreatment facilities or method of operation shall be reported to and be accepted by the City prior to the user's initiation of the changes. (Ord. 697, 3-7-1995) 9-5-12: FEES: A. Purpose: It is the purpose of this Section to provide for the payment of fees from users to the City's wastewater disposal system to compensate the City for their costs associated with monitoring, inspection, surveillance and laboratory analysis required by the Federal pretreatment program. B. Charges And Fees: If costs are incurred beyond normal operation through involvement with noncomplying users, the City Public Works Department will charge the noncomplying user for monitoring, laboratory analyses, inspections and surveillance as required by Federal pretreatment requirements • and this Chapter. (Ord. 697, 3-7-1995) 9-5-13: COMPLIANCE AND APPROVAL REQUIRED FOR DISCHARGES: It shall be unlawful to discharge sewage, industrial wastes or ME3 9-5 (15) . other wastes to any sewer within the jurisdiction of the City, and/or to the POTW, without having first complied with the terms of this Chapter, or without having first obtained the City's approval of a compliance schedule submitted by the user. (Ord. 697, 3-7-1995) 9-5-14: WASTEWATER DISCHARGE DATA DISCLOSURE: A. General Disclosure: All significant industrial and connecting users proposing to connect to or to discharge sewage, industrial wastes and other wastes to the POTW shall comply with all terms of this Chapter. B. Disclosure Forms: Significant industrial and connecting users shall complete and file with the City a data disclosure form prescribed by the City. Existing significant industrial and connecting users shall file data disclosure forms within sixty (60) days after notification by the City, and users shall file a data disclosure form a minimum of thirty (30) days before connecting to the POTW. This data disclosure form satisfies the requirement of the user baseline monitoring report as described in 40 CFR 403.12(b). The disclosure to be made by the user shall be made on written forms provided by the City and shall include: • 1. Disclosure of name, address and location of the user. 2. Disclosure of standard industrial classification (SIC) number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended. 3. Disclosure of wastewater constituents and characteristics including but not limited to those mentioned in this Chapter, as appropriate, as determined by bona fide chemical and biological analyses. Sampling and analysis shall be performed in accordance with procedures established by the U.S. EPA and contained in 40 CFR part 136, as amended. 4. Disclosure of time and duration of discharges, including copies of flow charts. 5. Disclosure of average daily and maximum daily wastewater flow rates, in gallons per day, including daily, monthly and seasonal variations, if any. All flows shall be measured unless other verifiable techniques are approved by the City due to cost or nonfeasibility. 6. Disclosure of site plans, floor plans, plumbing plans and details to show all sewers, sewer connections, inspection . manholes, sampling chambers and appurtenances by size and location. 7. Description of activities, facilities and plant processes on the premises including all materials which are or may be discharged to the sewers or works of the City and a brief • • • ME3 9-5 (16) description of the nature, average rate of production and standard industrial classification of the operations. 8. A statement regarding whether or not compliance is being achieved with this Chapter on a consistent basis and if not, whether additional pretreatment is required for the user to comply with this Chapter. 9. Where additional pretreatment and/or operation and maintenance activities will be required to comply with this Chapter, the user shall provide a compliance schedule consisting of a declaration of the shortest schedule by which the user will provide such additional pretreatment and/or implementation of additional operational and maintenance activities. a. The schedule will contain milestone dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to comply with the requirements of this Chapter. Examples of such milestone dates which the user may select include hiring an engineer, completing preliminary plans, executing contract for major components, commencing construction, completing construction and other acts which may be necessary to achieve compliance with this Chapter. b. Under no circumstance shall the City permit a time increment of any single step directed toward compliance which exceeds nine (9) months. c. Not later than fourteen (14) days following each milestone date in the schedule and the final date for compliance, the user shall submit a progress report to the City, including no less than a statement as to whether or not it complied with the increment of progress represented by that milestone date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay and the steps being taken by the user to return the construction to the approved schedule. 10. All data disclosure forms shall be signed by an authorized representative of the user as defined by 40 CFR 403.12(1), and when required by the City, a registered professional engineer. 11. Each product produced by type, amount, process or processes and rate of production. 12. Type and amount of raw materials used, including chemicals used in process which may be discharged to sanitary system (average daily and maximum daily). 13. List of environmental control permits held by or for the facility. C. Review And Inspection: The City will evaluate the completeness of the data disclosure form furnished by the user ME3 9-5 (17) • and may require additional information. The City may require inspection and sampling manholes and/or flow measuring or recording and sampling equipment to assure compliance with this Chapter. Within thirty (30) days, after full evaluation and acceptance of the data furnished, the City shall notify the user of the City's acceptance through the issuance of an indirect discharge permit, or rejection thereof. Incomplete or inaccurate applications will not be processed and will be promptly returned to the user with an explanation of necessary revisions. Any schedules or timetables submitted by the user shall be subject to review and approval by the City. (Ord. 697, 3-7-1995) 9-5-15: INDIRECT DISCHARGE PERMIT: A. Permit Required: No significant industrial user shall discharge wastewater into the POTW without first obtaining an indirect discharge permit. Significant connecting users may require an indirect discharge permit in order to discharge wastewater into the POTW. Any violation of the terms and conditions of an indirect discharge permit shall be deemed a violation of this Chapter and subjects the user or permittee to the sanctions set out in this Chapter. Obtaining an indirect discharge permit does not relieve a permittee of its • obligation to comply with all Federal and State pretreatment standards or requirements or with any other requirements of Federal, State, and local laws. B. Required Information: The City shall issue to each significant industrial user and to certain significant connecting users an indirect discharge permit, which will be based on information in the data disclosure form and include: 1. Any fees and charges to be paid upon initial issuance. 2. Limits on the average and maximum wastewater pollutant concentrations, loadings or characteristics. 3. Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization. 4. Self-monitoring requirements including flow monitoring frequency and method, sampling frequencies, number, types and standards for tests. Authorized points of discharge and regulated processes. 6. Requirements for installation and maintenance of inspection and sampling facilities. 7. Compliance schedules. 8. Special conditions as the City may reasonably require, such as sampling locations or circumstances of a given discharge. ME3 9-5 (18) • 9. Reporting requirements including, but not limited to, notification of accidental spills, noncompliance, and discharge/process changes. 10. Requirements for submission of special technical reports or discharge reports where same differs from those prescribed by this Chapter. 11. Any special agreements the City chooses to continue or develop between the City and SIU. 12. Standard conditions as apply to all significant industrial users and certain significant connecting users. C. Duration Of Permit: Permits shall be issued for perpetual duration, subject to amendment of revocations provided in this Chapter. Under extraordinary circumstances, it may be issued for a stated period or may be stated to expire on a specific date. Indirect discharge permits shall be issued for a specific time period, not to exceed five (5) years. Each permit shall indicate an effective date and an expiration date. Should "of" be changed to "or" above? • Response: Yes No , Change as follows: D. Transfer Of Permit: Indirect discharge permits are issued to a specific user for a specific operation and are not assignable to another user without prior written approval of the City or transferable to any other location. Indirect discharge permits shall be voidable upon cessation of operations or transfer of business ownership. The indirect discharge permit issued to a particular user is void upon the issuance of a new indirect discharge permit to that user. E. Extrajurisdictional Users: Any existing significant connecting user located beyond the City limits required to obtain an indirect discharge permit shall submit a permit application as outlined in Section 9-5-14 of this Chapter and subsections A through D of this Section. New significant connecting users located beyond City limits required to obtain an indirect discharge permit shall also comply with Section 9-5-14 of this Chapter and subsection F of this Section. Issuance of an indirect discharge permit may not be necessary if the SCU is regulated by an EPA-approved pretreatment • program. F. Appeals: Users will be provided with a draft permit for their review and comment prior to permit issuance. Any person, including the user, may petition the POTw to reconsider the terms of an indirect discharge permit as follows: within ME3 9-5 (19) • twenty (20) days of the permits issuance. 1. Filing Of Written Petition: The written petition must be filed with the Meridian Sewer Department within twenty (20) days of the permit's issuance. Failure to submit a timely petition for reconsideration shall be deemed a waiver of the right to appeal. 2. Indicate Objections: In its petition, the appealing party must indicate the specific permit conditions objected to, the reasons for this objection, and shall present alternative conditions to meet the intent of this Chapter. 3. Permit Not Stayed Pending Appeal: The effectiveness of the permit shall not be stayed pending the appeal. 4. Written Action By City: The Meridian Sewer Superintendent or his designee shall provide written action to the appealing party within ten (10) working days from the date the appeal was filed. If the Sewer Superintendent or his designee shall fail to respond within ten (10) working days, the petition for reconsideration shall be deemed denied. 5. Appeal Decision Of Superintendent: Decisions of the Meridian Sewer Superintendent or his designee regarding the • petition for reconsideration may be appealed to the Meridian Board of Sewer Appraisers by filing a written request for appeal with the City Engineer within fifteen (15) days of the decision of the Sewer Superintendent or his designee. The Meridian Board of Sewer Appraisers shall address the appeal at its next scheduled meeting. The appealing party may appear and present evidence and testimony at such meeting. The decision of the Board of Sewer Appraisers regarding the petition shall be in writing. 6. Appeal Board Of Appraiser's Decision: The decision of the Board of Sewer Appraisers may be appealed to the City Council by filing a notice requesting appeal with the City Clerk's office within fifteen (15) days of receipt of the written decision. G. Modifications: The terms and conditions of an indirect discharge permit may be subject to modification by the Sewer Superintendent at any time as limitations or requirements are modified or other just cause exists. Any permit modifications which result in new conditions shall include a reasonable time schedule for compliance as determined by the Sewer Superintendent. Other reasons for modification include, but are not limited to, the following: • 1. To incorporate any new or revised Federal, State, or local pretreatment standards or requirements; 2. To address significant alterations or additions to the user's operation, processes, or wastewater since the time of permit issuance or the last modification; ME3 9-5 (20) • 3. A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge; 4. To incorporate special conditions resulting from the issuance of a special order or an enforcement action; or 5. To correct typographical or other errors in the indirect discharge permit. H. Reissuance: A user, required to a have an indirect discharge permit, shall submit a written request for permit renewal at least sixty (60) days prior to permit expiration. The POTW shall then provide the user with the necessary renewal forms and instructions. A user, whose existing indirect discharge permit has expired and has submitted its renewal application request within the specified time period, shall be deemed to have an effective indirect discharge permit until the POTW issues or denies a new indirect discharge permit. A user, whose existing indirect discharge permit has expired and who failed to submit its renewal application request within the specified time period, shall be deemed to be discharging without an indirect discharge permit. I. Revocation: Indirect discharge permits may be revoked for, • but not limited to, the following reasons: 1. Misrepresentation or failure to fully disclose all relevant facts in the data disclosure form or subsequent permit renewal submittals; 2. Falsifying self-monitoring reports; 3. Tampering with monitoring equipment; 4. Failure to meet discharge limitations; 5. Failure to pay fines; 6. Failure to meet compliance schedules; 7. If the City has to invoke its emergency provisions; 8. Violation of any pretreatment standard or requirement, or any terms of an indirect discharge permit or this Chapter. (Ord. 697, 3-7-1995) 9-5-16: STANDARDS MODIFICATIONS: • All National Categorical Pretreatment Standards adopted by the U.S. EPA after the promulgation of this Chapter shall be enforceable by the City through this Chapter. Where a user, subject to a National Categorical Pretreatment Standard, has not previously submitted a data disclosure form as required by Section 9-5-14 of this Chapter, the user shall file a data ME3 9-5 (21) • disclosure form with the City within one hundred eighty (180) days after the promulgation of the applicable National Categorical Pretreatment Standard by the U.S. EPA. In addition, any user operating on the basis of a previous filing of a disclosure statement, shall submit to the City within one hundred eighty (180) days after the promulgation of an applicable National Categorical Pretreatment Standard, the additional information required by subsection 9-5-14B3, 8 and 9. If deemed necessary by the City, where National Categorical Pretreatment Standards are more stringent, the indirect discharge permit will be modified. The user shall be informed of any proposed changes in this Chapter at least thirty (30) days prior to the effective date of change. Any changes or new conditions in this Chapter shall include a reasonable time schedule for compliance. (Ord. 697, 3-7-1995) 9-5-17: USER REPORTING REQUIREMENTS: A. Final Compliance Report: Within ninety (90) days following the date for final compliance by the user with applicable pretreatment standards and requirements set forth in this Chapter or an indirect discharge permit, or within ninety (90) days after commencement of the introduction of wastewater into the POTW by a new user, any user subject to this Chapter shall • submit to the City a report indicating the nature and concentration of all prohibited or regulated substances contained in its discharge, and the average and maximum daily flow in gallons. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional operation, maintenance, and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the user, as defined by 40 CFR 403.12(1). B. Periodic Compliance Reports: 1. Any user subject to a pretreatment standard set forth in this Chapter, after the compliance date of such pretreatment standard, or, in the case of a new user, after commencement of the discharge to the POTW, shall submit to the City at six (6) month intervals as prescribed in the indirect discharge permit, unless required more frequently by the City, a report indicating the nature and concentration of prohibited or regulated substances in the effluent which are limited by the pretreatment standards hereof. In addition, this report shall include a record of all measured or estimated average and maximum daily flows during the reporting period. Flows shall • be reported on the basis of actual measurement; provided however, where cost or feasibility considerations justify, the City may accept reports of average and maximum flows estimated by verifiable techniques. 2. Reports of users shall contain all results of sampling and ME3 9-5 (22) • analysis of the discharge, including the flow and the nature and concentration, or production and mass where required by the City. All sample results shall indicate the time, date and place of sampling, and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges from the user. C. Sampling Standards: All analyses shall be performed in accordance with 40 CFR part 136 and amendments thereto. Where 40 CFR part 136 does not include a sampling or analytical technique for the pollutant in question, sampling and analysis shall be performed in accordance with sampling and analytical procedures approved by the Administrator of the U.S. EPA. D. Frequency Of Monitoring: The frequency of monitoring by the user shall be prescribed within the indirect discharge permit. At a minimum, users shall sample their discharge at least twice per year. If a user sampled and analyzed more frequently than what was required in its indirect discharge permit, using methodologies in 40 CFR part 136, it must submit all results of sampling and analysis of the discharge as part of its self-monitoring report. (Ord. 697, 3-7-1995) 9-5-18: MONITORING FACILITIES: • A. Facilities Provided By User; Accessible Location: Each user shall provide and operate at the user's own expense, a monitoring facility to allow inspection, sampling and flow measurement of each sewer discharge to the City. Each monitoring facility shall be situated on the user's premises. There shall be ample room in or near such sampling facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user. Where required by Federal or State regulations, such monitoring facilities shall be provided at the end of a process or production unit from which regulated toxic pollutants are discharged. B. Construction And Maintenance: All monitoring facilities shall be constructed and maintained in accordance with all applicable construction standards and specifications. Construction shall be completed within one hundred twenty (120) days (or such longer period as may be allowed by the City) of receipt by the user of the indirect discharge permit. (Ord. 697, 3-7-1995) 9-5-19: INSPECTION AND SAMPLING: • A. Right Of Entry: The City, or its representatives, shall have the right to enter the facilities of any user to ascertain whether the purpose of this Chapter, and any indirect discharge permit or order issued hereunder, is being met and whether the user is complying with all requirements ME3 9-5 (23) • thereof. The user shall allow the City, or its representatives, upon presentation of credentials of identification, to enter upon the premises of the user at all reasonable hours, including all hours of operation or discharging for the purposes of inspection, sampling or records examination. The City shall be given ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and performance of any additional duties. B. Security Measures: Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, City pretreatment staff will be permitted to enter without delay for the purposes of performing specific responsibilities. C. Monitoring And Sampling Devices: The City shall have the right to set up on the user's property, or require installation of, such devices as are necessary to conduct flow monitoring and sampling of the user's operations. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the • City and shall not be replaced. The costs of clearing such access shall be born by the user. D. Unreasonable Delays To Access: Unreasonable delays in allowing the City access to the user's premises shall constitute a violation of this Chapter. (Ord. 697, 3-7-1995) 9-5-20: CONFIDENTIAL INFORMATION: Information and data on a user obtained from reports, surveys, indirect discharge permits, and monitoring programs, and from POTW inspection and sampling activities, shall be available to the public or other governmental agency without restriction unless the user specifically requests, and is able to demonstrate to the satisfaction of the City, that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets under applicable State law. When requested and demonstrated by the user that the information furnished be kept confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement • proceedings involving the user furnishing the information. Wastewater constituents and characteristics and other "effluent data" as defined by 40 CFR 2.302 will not be recognized as confidential information and will be available to the public without restriction. Any such claim must be asserted at the time of submission by clearly indicating the ME3 9-5 (24) • words "confidential business information" on each page containing such information. If no claim is made at the time of submission, all information will be available to the public. (Ord. 697, 3-7-1995) 9-5-21: RECORDS RETENTION: All users subject to this Chapter shall retain and preserve for no less than three (3) years, any records, books, documents, memoranda, reports, correspondence and any and all summaries thereof, relating to monitoring, sampling and chemical analyses made by or in behalf of a user in connection with its discharge. All records which pertain to matters which are the subject of administrative adjustment or any other enforcement or litigation activities brought by the City pursuant hereto shall be retained and preserved by the user until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired. (Ord. 697, 3-7-1995) 9-5-22: RIGHT OF REVISION: The City reserves the right to amend this Chapter to provide • for more stringent limitations or requirements on discharges to the POTW where deemed necessary to comply with the objectives set forth in Section 9-5-1 of this Chapter. (Ord. 697, 3-7-1995) 9-5-23: ENFORCEMENT; HEARING: A. Emergency Suspension Of Service And Revocation Of Indirect Discharge Permit: The City may, after informal notice to the user in writing or in person or by telephone, revoke the indirect discharge permit and order the suspension of the wastewater treatment service to a user when it appears to the City that an actual or threatened discharge: 1) presents or threatens an imminent or substantial danger to the health or welfare of persons or substantial danger to the environment; or 2) threatens to interfere with the operation of the POTw. Any user notified of the City's suspension order shall immediately cease all discharges. In the event of failure of the user to comply with the suspension order, the City may immediately take all necessary steps to halt or prevent any further discharge by such user into the POTW. The City shall have authority to physically cap, block or seal the user's sewer line (whether on public or private property) in order to terminate service under this Section. The City shall have the • right to enter upon the user's property to accomplish the capping, blocking or sealing of the user sewer line. The City shall reinstate the wastewater treatment service upon clear and convincing proof by the user of the elimination of the noncomplying discharge or condition creating the threat as set forth above. ME3 • B. User Prohibited Conduct: 9-5 (25) 1. A user shall not: a) fail to report accurately the wastewater constituents and characteristics of its discharge; b) fail to report significant changes in wastewater constituents or characteristics; c) refuse reasonable access to the user's premises by representatives of the City for the purpose of inspection or monitoring; or d) violate the provisions of the indirect discharge permit, the provisions of this Chapter or any order of the City with respect thereto. The City may seek any or all of the remedies or penalties provided in this Chapter (including termination of wastewater treatment service and water service termination) against any user who violates any of the foregoing prohibitions. The City may seek or pursue any remedy, action or relief authorized in this Chapter, or may seek the issuance of a temporary or permanent injunction, as deemed appropriate, for legal and/or equitable relief. 2. Enforcement of pretreatment violations will generally be in accordance with this Chapter. The City reserves the right, however, to take other action against any user when the circumstances warrant. Further, Meridian is empowered to take more than one enforcement action against any noncompliant user. These actions may be taken concurrently. • 3. Issuance of a compliance order, administrative fines, penalties, and/or cease and desist orders shall not be a bar against, or prerequisite for, taking any other action against a noncompliant user. C. Notification Of Violation; Administrative Adjustment: 1. Whenever the City finds that any user has violated the prohibitions in subsection B hereof, the City shall cause to be served upon such user a written notice either in person or by certified or registered mail, return receipt requested, stating the nature of the alleged violation or violations. The notice may also state what fine, penalty or other remedy the City will seek against the user for such alleged violation or violations. 2. Within twenty (20) days of the date of receipt of the notice, the user shall respond personally or in writing to the City advising of its position with respect to the allegations. Thereafter, the user shall be given the opportunity to meet with representatives, employees or agents of the City to ascertain the veracity of the allegations, to establish a plan for the satisfactory correction of the violations and preclusion of a recurrence thereof, and to pay the fine or • otherwise comply with the penalty or remedy being sought by the City for the violation or violations. Submission of a response in no way relieves the user for liability for any violations occurring before or after receipt of written notice of noncompliance from the POTW. Nothing in this Section shall limit the authority of the POTW to take any action, including ME3 9-5 (26) • emergency actions or any other enforcement action, without first issuing a notice of violation. D. Show Cause Hearing: 1. Where the violation of subsection B is not corrected by timely compliance through the administrative adjustment procedure set forth at subsection C, the City may order any user which suffers or permits a violation of subsection B hereof to show cause before the Sewer Superintendent or his designate why the proposed enforcement action (which may include service termination) should not be taken. A written notice shall be served on the user by personal service or by certified or registered mail, return receipt requested, specifying the time and place of a hearing to be held by the Sewer Superintendent or his designate regarding the violation, the reasons why the enforcement action is to be taken, the proposed enforcement action and directing the user to show cause before the Superintendent or his designate why the proposed enforcement action should not be taken. The notice of the hearing shall be served no less than ten (10) days before the hearing. Service of the notice may be made on any agent, officer or authorized representative of a user. The information and evidence presented at the hearing shall be considered by the Superintendent or his designate, who shall • then enter appropriate findings of fact, conclusions of law and orders with respect to the alleged violations of the user. Appeal of such orders may be taken within twenty (20) days by the user to the City Council, which may grant a hearing to take additional evidence or render its decision based upon the record of the Superintendent's proceedings. 2. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against a noncompliant user. E. Judicial Proceedings: Following the entry of any final order by the City with respect to the violation by the user under this Chapter, the City may commence an action for appropriate legal and/or equitable relief in the Fourth Judicial District, Ada County Court to enforce the penalty or remedy imposed by the City hereunder. F. Enforcement Actions, Annual Publication: The City shall publish annually, in the Valley News, a list of those users which, during the previous twelve (12) months, were in significant noncompliance with applicable pretreatment standards or other pretreatment requirements. The term "significant noncompliance" shall mean: • 1. Chronic violations of wastewater discharge limits, defined here as those in which sixty six percent (66~) or more of wastewater measurements taken during a six (6) month period exceed the daily maximum limit or average limit for the same pollutant parameter by any amount; ME3 9-5 (27) • 2. Technical review criteria (TRC) violations, defined here as those in which thirty three percent (33~) or more of wastewater measurements taken during a 6-month period equals or exceeds the product of the daily maximum limit or the average limit multiplied by the applicable factor (1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH); 3. Any other discharge violation that the POTW believes has caused, alone or in combination with other discharges, interference, pass through, or endangered the health and safety of POTW personnel or the general public; 4. Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the POTW's exercise of its emergency authority to halt or prevent such a discharge; 5. Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained in an indirect discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance; 6. Failure to provide within thirty (30) days after the due • date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules; 7. Failure to accurately report noncompliance; or 8. Any other violation(s) which the City determines will adversely affect the operation or implementation of the POTW's pretreatment program. (Ord. 697, 3-7-1995) 9-5-24: INVESTIGATION; SEARCH WARRANT: A. Investigation: The Sewer Superintendent shall cause investigations to be made upon the request of the City Council or upon receipt of information concerning an alleged violation of this Chapter or of any rule, regulation, permit, or order promulgated thereunder, and may cause to be made such other investigations as he shall deem advisable. B. City Authority; Issue Search Warrants: For the purpose of enforcing any provision of this Chapter or any rule or regulation authorized in this Chapter, the Sewer Superintendent, or the Sewer Superintendent's designee, shall • have the authority to: 1. Conduct a program of continuing surveillance and of regular or periodic inspection of actual or potential health hazards, water pollution sources, noise sources, and of solid waste disposal sites; 9-5 (28) ME3 • 2. Enter at all reasonable times upon any private or public property, upon presentation of appropriate credentials, for the purpose of inspection or investigation to ascertain possible violations of this Chapter or of rules, regulations, permits, or orders adopted and promulgated by the Sewer Superintendent or the City Council; 3. All inspections and investigations conducted under the authority of this Chapter shall be performed in conformity with the prohibitions against unreasonable searches and seizures contained in the Fourth Amendment to the Constitution of the United States and section 17, article I, of the Constitution of the State of Idaho. The City shall not, under the authority granted by this Chapter, conduct warrantless searches of private property in the absence of either consent from the property owner or occupier or exigent circumstances such as a public health or environmental emergency; 4. The District Court of the Fourth Judicial District, Ada County, Idaho, is authorized to issue a search warrant to the Sewer Superintendent, or his designee, upon a showing of: a) probable cause to suspect a violation, or b) the existence of a reasonable program of inspection. Any search warrant issued under the authority of this Section shall be limited in scope to the specific purposes for which it is issued and shall • state with specificity the manner and the scope of the search authorized. (Ord. 697, 3-7-1995) 9-5-25: PENALTIES: A. Civil Penalties: 1. Any user who violates an order of the City, or who fails to comply with: a) any provision of this Chapter, or b) any regulation, rule or permit of the City issued pursuant to this Chapter, shall be liable to the City for a civil penalty. The amount of such civil penalty shall be not more than one thousand dollars ($1,000.00) per violation. Each day upon which a violation occurs or continues shall constitute a separate violation. In the case of a monthly or other long- term average limit, penalties shall accrue for each day during the period of the violation. 2. Such penalties may be recovered by judicial actions commenced by the City as provided in subsection 9-5-23E of this Chapter. In addition, the City may commence an action to terminate the user's wastewater treatment service. B. Recovery Of Costs Incurred By The City: Any user who • violates any of the provisions of this Chapter or who discharges or causes a discharge producing a deposit or obstruction or causes damage to or impairs the City's wastewater disposal system shall be liable to the City for any expense, loss or damage caused by such violation or discharge. The City shall charge the user for the cost incurred by the ME3 9-5 (29) • City for any monitoring, surveillance, cleaning, repair or replacement work caused by the violation or discharge, and for costs incurred by the City in investigating the violation and in enforcing this Chapter against the user including reasonable administrative costs, fees for testing, attorney fees, court costs and all expenses of litigation. Refusal to pay the assessed costs shall constitute a violation of this Chapter, enforceable under the provisions of Sections 9-5-23, 9-5-24 and 9-5-25 of this Chapter. C. Falsifying Information: Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this Chapter, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this Chapter, shall (in addition to civil and/or criminal penalties provided by State law) be guilty of a misdemeanor and shall be prosecuted and punished accordingly. D. General Criminal Penalties: Any user or person who knowingly violates any provision of this Chapter shall be guilty of a misdemeanor and shall be prosecuted and punished accordingly. (Ord. 697, 3-7-1995) • 9-5-26: AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS: A. Operating Upsets: 1. Noncompliance Report: Any user which experiences an upset in operations which places the user in a temporary state of noncompliance with this Chapter shall inform the City thereof within twenty four (24) hours of first awareness of the commencement of the upset. where such information is given orally, a written follow-up report thereof shall be filed by the user with the City within five (5) days. The report shall specify: a. Description of the upset, the cause thereof and the upset's impact on the user's compliance status. b. Duration of noncompliance and, if the noncompliance continues, the time by which compliance is reasonably expected to occur. c. All steps taken or to be taken to reduce, eliminate and prevent recurrence of such an upset or other conditions of noncompliance. • 2. Affirmative Defense: An upset shall constitute an affirmative defense to an action brought for noncompliance with applicable pretreatment standards if the following requirements are met: a. The user who wishes to establish the affirmative defense of ME3 9-5 (30) • upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and the user can identify the cause(s) of the upset; (2) The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures; and (3) The user has submitted the following information to the POTW within twenty four (24) hours of becoming aware of the upset (if this information is provided orally, a written submission must be provided within 5 days): (A) A description of the indirect discharge and cause of noncompliance; (B) The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and (C) Steps being taken and/or planned to reduce, • eliminate, and prevent recurrence of the noncompliance. b. In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof. 3. Judicial Determination: Users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with applicable pretreatment standards. 4. Production Control: Users shall control production of all discharges to the extent necessary to maintain compliance with applicable pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails. B. Prohibited Discharge Standards: A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the prohibitions in Sections 9-5-4, 9-5-5, 9-5-6 and 9-5-7 of this Chapter if it can prove that it . did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either: 1) a local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass through or interference; or 2) no local limit ME3 9-5 (31) • exists, but the discharge did not change substantially in nature or constituents from the user's prior discharge when the POTW was regularly in compliance with its NPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements. C. Bypass Provision: Users may allow any bypass to occur which does not cause applicable pretreatment standards or requirements to be violated, but only if it is also for essential maintenance to assure efficient operation. These bypasses are not subject to the following: 1. If a user knows in advance of the need for a bypass, it shall submit prior notice to the City, if possible at least ten (10) days before the date of the bypass. 2. A user shall submit oral notice of an unanticipated bypass that exceeds applicable pretreatment standards to the City within twenty four (24) hours from the time the user becomes aware of the bypass. A written submission shall also be provided within five (5) days of the time the user becomes aware of the bypass. The written description shall contain: a. Description of the bypass and its cause. • b. Duration of the bypass, including the exact dates and times, and if the bypass has not been corrected, the anticipated time it is expected to continue. c. All steps taken or planned to reduce, eliminate and prevent reoccurrence of the bypass. 3. Bypass is prohibited, and the City may take enforcement action against a user for a bypass, unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage (see definition of "bypass" in Section 9-5-2 of this Chapter); b. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and c. The user submitted notices as required under subsection C1 and 2 above. • 4. The City may approve an anticipated bypass, after considering its adverse effects, if the City determines that it will meet the three (3) conditions listed in subsection C3 above. (Ord. 697, 3-7-1995) ME3 !TITLE! 10 BUILDING REGULATIONS Building Code Plumbing Code Electrical Code Fire Prevention Code Flood Damage Prevention T10 (1) Does the City have any legislation, not sent to Sterling, which adopts other codes, i.e., Nechanical Code and Americans With Disablities Act (see copy of I.C. § 39-4116(2) following this listing for Title 10 - yellow sheet). If so, please provide such legislation, and same will be added to this Code prior to publication of the new Codes. Response: No additional legislation available The following legislation included: • Due to the age of the legislation, we have not included in the new Code the following chapters contained in the 1955 City Code. If the City does, in fact, still enforce any of the chapters or provisions, so indicate by checking the "Retain" blank line. Chapter Title & Number Omit Retain Radio And Television Interference (2-5) Television And Radio Antennas (2-6) Public Garages (2-7) Gas Distribution And Transmission Lines (2-8) Gas Installation And Piping (2-9) If any of the above chapters should be retained, we will include them in this Title 10. Also keep in mind that if any of such chapters are retained, the City needs to review all the provisions of same for accuracy and current practices of the City, as one of the goals in recodifying is the omission of obsolete legislation and the inclusion of up-to-date, enforceable provisions. If the City has re-written text for any the above chapters, or any additional building regulations, please include same with the Code Workbook when the Workbook is returned to Sterling for final changes before • publication. Are any such re-written chapters included? If so, please list them below: Response: T10 (2) ME3 Remember that sample provisions are available upon request. The following samples are requested? Response: Nona requested , Send samples regarding the following subjects: C~ L J ~':ii l HER OR NOT A CITY ADOPTS THE STATE BUILDING CODES THEY MUST ~/O A:.i~iP'. T H't AMERICAN~W ITH DISABI CITIES ACT SET FORTH IN SUBSECTION 121 BELOW 39-4116 HEALTH AND SAFETY 376 local government opts to comply with the provisiops of this chapter but not to provide inspection and enforcement, except that the department shall retain jurisdiction of inspection and enforcement of construction standards and set-up codes Cor manufactured homes and conatruction standards for recreational vehicles, and for inspection and enforcement of construction standards for modular buildings and commercial coaches, and for review of public school conatruction plane, whether or not a local government opts to comply with the other provisions of this chapter. Any decision to comply with the provisions of this chapter moat be communicated to the director in writing, and compliance must be for an entire year commencing July 1. Thy _ minimum codes a local government moat adopt in order to opt into thi„ chapter are the latest editions of the Uniform Building Code and the Uni-' form Mechanical Code. Except ae listed is subsection (2) of this section, they remaining codes enumerated in the act are optional ae to whether or note the local government wishes to adopt them. Y' (2), Regan Jd awls of ghether 4r pi44 ~t.l8c6t~.SOYA1'91ldeAt opts to comply wlt}ll'rr. other seCtione.of thta act, they el~all ai4lopt,thg,.(1mei;ticane With Dlsablllt-eeig Act (ADAM Part III,,,(Appendix A, tg P„girt~6-$tanda-'c]e frog Accessible D sign), Accessiblhty Guidelines for Bwl~inge and Facilities as published,; the Federal RsQlster Volume 68 No 144 Friday, July, 28, 1991 and e it't ~ e"rt;'ahaffaleo_~e~[uovltn-etd1,7;BGr,$Eandard3l-1 sail' • for` Bullr~inga and Facilities, and„1YaneporEation Fac .tee. ae pu 1 , t e e anal Register Volume 68 No 178, Friday, September 6, 199a (3) All building code inspectors, including those of local governme: which have opted to comply with tH6 provisions of this chapter, shall certified as provided by section 39-4108, Idaho Code. (4) The department may contract to assist aalocal government in'si matters ae technical assistance, code interpretation, education, traini personnel, and information and dissemination of Information and statist (6) The department may conductor sponsor pre-entry and in-service e cation and training programs on the technical, legal, and administret aspects of building code administration and enforcement. For this purpi it may cooperate and contract with educational institutions, local, std regional or national building officials' organizations, end any other apl priate organization. '^` (6) Local governments who do not exercise their option may at anyik of the year contract with the department to administer the building enforcement program for them. The terms of ouch a contract shall bgpl bated ~ between, the local unit of government and the director,i~ § 39-4116, as added by 1976, ch. 180, § 2, p. 486; am. 1977, ch. 169,;ff,~: 410; am. 1983, ch. 163, § 12, p. 407; am. 1988, ch. 264, § 18, p. 619~ 1990, ch. 167, § 2, p. 363; am. 1992, ch. 89, § 2, p. 277.1 'iFi Compiler's notes. Section 11 0[ S.L. 1983, compiled as 44 39.4113 end 39~t12~;yq ch. 163 ie compiled m 4 39.4114. Section 13 lively. repealed 44 39-4118 and 39-4118. Section 1 of S.L. 1990, ch. 167 ie. Sections 17 end 18 of S.L. 1968, eh. 264 ere es 4 39-4113. a~ ME3 • CHAPTER 1 BUILDING CODE • • For statute authority to adopt nationally reference, see I.C. § 50-901. This statut three (3) copies of such codes be retains which shall be filed in the office of the SECTION: Fee 10-1-5: Fee Schedule For Building And Sign Permits 10-1-6: Solid Fuel Heating Appliances 10-1-7: Saving Clause And Validity 10-1-8: Penalty !2R! 10-1 (1) recognized codes by e also requires that d by the City, one of City Clerk. 10-1-1: Building Code And Standards Adopted 10-1-2: Exceptions 10-1-3: Permit Required For Construction Or Alteration 10-1-4: Mobile And Prefabricated Homes; Permit And Inspection; 10-1-1: BUILDING CODE AND STANDARDS ADOPTED: A. Adoption; Copies On File: 1. Uniform Building Code: There is hereby adopted by the City for the purposes of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, including permits and penalties, that certain building code known as the Uniform Building Code, 1991 Edition, with all Appendices, of which not less than three (3) copies have been and now are filed in the office of the City Clerk, and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this Section shall take effect, the provisions thereof shall be controlling over the construction of all buildings and other structures therein contained within the corporate limits of the City. is the 1991 Edition the most recent edition, and the ona currently being enforced by the City? Response: Leave text as is Change as follows: 2. Uniform Building Code Book Of Standards: There is also hereby adopted the Uniform Building Code Book of Standards, three (3) copies of which have been and now are filed in the office of the City Clerk. (Ord. 554, 9-17-1991) B. Exceptions: See Section 10-1-2 of this Chapter for ME3 10-1 (2) • exceptions to the Uniform Building Code and the Uniform Building Code Book of Standards, as adopted in subsection A of this Section. (1997 Code) 10-1-2: EXCEPTIONS: A. Building Code: Table No. 3-A -- Building Permit Fees, contained in Chapter 3, Permits and Inspections, of the Uniform Building Code, shall not be used or followed but the fees set forth in each category in said Table shall be established by the City Building Inspector and approved by resolution of the City Council; provided, however, the fees established by the City Building Inspector and approved by resolution of the City Council shall not be greater than those contained in Table No. 3-A. (Ord. 475, 4-7-1987) B. Book Of Standards: The following exceptions shall apply to the Uniform Building Code Book of Standards: Regardless of the provisions of the Uniform Building Code or the Uniform Building Code Book of Standards, the City shall not allow gravel to be used for foundations in the construction of any building within the City, and regardless of any of the provisions of the Uniform • Building Code, particularly footings, section 2907 (a) General, or of the Uniform Building Code Book of Standards, the City shall not allow wood, treated or otherwise, to be used for footings or foundations. (Ord. 554, 9-17-1991) 10-1-3: PERMIT REQUIRED FOR CONSTRUCTION OR ALTERATION: A. Permit Required; Petition To Council: It shall be unlawful for any person to commence construction upon any building, or the installation of any prefabricated home, installation or transfer of any mobile home or house trailer used as living quarters, without first securing a building permit from the City Council and any person desiring to obtain such permit shall file with the City Clerk, addressed to the City Council, a petition describing fully the building and premises whereon such construction is proposed, the materials to be used and specification thereof. B. Permit Fee: A fee shall be charged for every permit issued under this Chapter in accordance with a schedule of permit fees as established by resolution of the City Council. C. Right Of Entry • have the right to being constructed ascertain that it Code as set forth 475, 4-7-1987) For Inspection: The City Inspector shall enter on the premises where any building is for the purpose of inspecting the same to is in conformance with the Uniform Building in Section 10-1-1 of this Chapter. (Ord. ME3 10-1 (3) • 10-1-4: MOBILE AND PREFABRICATED HOMES; PERMIT AND INSPECTION; FEE: Any mobile home, trailer house or any structure any prefabricated structures constructed prior placement on any lot or parcel within the City considered as a structure requiring a building inspection will be required, for a minimum fee dollars ($25.00). (Ord. 518, 10-17-1989) is the minimum fee amount current? or building or to moving in or shall be permit and of twenty five Response: Yes No Change as follows: 10-1-5: FEE SCHEDULE FOR BUILDING AND SIGN PERMITS: Please carefully review the valuations and fees in the following Table, and indicate any changes deemed appropriate. $5.00 minimum for mobile homes moved into a mobile home park. • Dollar Valuation Fee 25 and under None required 26 to 250 2.50 251 to 500 5.00 The bolded figures above appear as "25" and "250" in the 1955 City Code (page headed 2-108). For consistency with all other figures in this Table, we changed those figures as they appear above. Does the City agree? Response: Yes . No ~ Change as follows: 501 to 600 6.00 601 to 700 7.00 701 to 800 8.00 801 to 900 9.00 901 to 1,000 10.00 • 1,001 1,101 to to 1,100 1, 200 11.00 12.00 1,201 to 1,300 13.00 1,301 to 1,400 14.00 1,401 to 1,500 15.00 1,501 to 1,600 16.00 ME3 • 1,601 to 1,700 17.00 1,701 to 1,800 18.00 1,801 to 1,900 19.00 1,901 to 2,000 20.00 2,001 to 3,000 23.00 3,001 to 4,000 26.00 4,001 to 5,000 29.00 5,001 to 6,000 32.00 6,001 to 7,000 35.00 7,001 to 8,000 38.00 8,001 to 9,000 41.00 9,001 to 10,000 44.00 10,001 to 11,000 47.00 11,001 to 12,000 50.00 12,001 to 13,000 53.00 13,001 to 14,000 56.00 14,001 to 15,000 59.00 15,001 to 16,000 62.00 16,001 to 17,000 65.00 17,001 to 18,000 68.00 18,001 to 19,000 71.00 19,001 to 20,000 74.00 20,001 to 21,000 77.00 • 21,001 to 22,000 80.00 22,001 to 23,000 83.00 23,001 to 24,000 86.00 24,001 to 25,000 89.00 25,001 to 26,000 91.50 26,001 to 27,000 94.00 27,001 to 28,000 96.50 28,001 to 29,000 99.00 29,001 to 30,000 101.50 30,001 to 31,000 104.00 31,001 to 32,000 106.50 32,001 to 33,000 109.00 33,001 to 34,000 111.50 34,001 to 35,000 114.00 35,001 to 36,000 116.50 36,001 to 37,000 119.00 37,001 to 38,000 121.50 38,001 to 39,000 124.00 39,001 to 40,000 126.50 40,001 to 41,000 129.00 41,001 to 42,000 131.50 42,001 to 43,000 134.00 43,001 to 44,000 136.50 44,001 to 45,000 139.00 • 45,001 to 46,000 141.50 46,001 to 47,000 144.00 47,001 to 48,000 146.50 48,001 to 49,000 149.00 49,001 to 50,000 151.50 10-1 (4) ME3 • 50,001 to 51,000 153.00 51,001 to 52,000 154.50 52,001 to 53,000 156.00 53,001 to 54,000 157.50 54,001 to 55,000 159.00 55,001 to 56,000 160.50 56,001 to 57,000 162.00 57,001 to 58,000 163.50 58,001 to 59,000 165.00 59,001 to 60,000 166.50 60,001 to 61,000 168.00 61,001 to 62,000 169.50 62,001 to 63,000 171.00 63,001 to 64,000 172.50 64,001 to 65,000 174.00 65,001 to 66,000 175.50 66,001 to 67,000 177.00 67,001 to 68,000 178.50 68,001 to 69,000 180.00 69,001 to 70,000 181.50 70,001 to 71,000 183.00 71,001 to 72,000 184.50 72,001 to 73,000 186.00 • 73,001 to 74,000 187.50 74,001 to 75,000 189.00 75,001 to 76,000 190.50 76,001 to 77,000 192.00 77,001 to 78,000 193.50 78,001 to 79,000 195.00 79,001 to 80,000 196.50 80,001 to 81,000 198.00 81,001 to 82,000 199.50 82,001 to 83,000 201.00 83,001 to 84,000 202.50 84,001 to 85,000 204.00 85,001 to 86,000 205.50 86,001 to 87,000 207.00 87,001 to 88,000 208.50 88,001 to 89,000 210.00 89,001 to 90,000 211.50 90,001 to 91,000 213.00 91,001 to 92,000 214.50 92,001 to 93,000 216.00 93,001 to 94,000 217.50 94,001 to 95,000 219.00 95,001 to 96,000 220.50 96,001 to 97,000 222.00 • 97,001 to 98,000 223.50 98,001 to 99,000 225.00 99,001 to 100,000 226.50 Plus $1.00 for each additiona l th ousand or 10-1 (5) ME3 10-1 (6) • fraction thereof. !SETLRM!!SETFNT!!SETTAB!(1971) 10-1-6: SOLID FUEL HEATING APPLIANCES: A. Short Title And Purpose: This Section shall be known and cited as the SOLID FUEL HEATING APPLIANCE ORDINANCE. The purpose of this Section is to protect air quality resources vital to public health and safety and the economic future of Meridian by controlling emissions from the burning of solid fuel. B. Definitions: For the purpose of this Section, the following terms, phrases, words and derivations shall have the meanings herein. The word "shall" is always mandatory and not merely directory. !DEF! BUILDING: Any structure, dwelling, office, industrial plant, garage, or barn, whether publicly or privately owned or any other structure as defined by the Uniform Building Code as adopted by Section 10-1-1 of this Chapter. CLEAN BURNING APPLIANCE: A solid fuel heating appliance • that has been certified as clean burning by the Oregon Department of Environmental Quality. PERSON: Any individual, firm, partnership, association, corporation, company, organization, or governmental entity. SOLID FUEL: Any form of untreated wood or coal. SOLID FUEL HEATING APPLIANCE: A device designed for solid fuel combustion so that usable heat is derived for the interior of a building, including, but not limited to, solid fuel fired cooking stoves, pot-bellied stoves, Franklin stoves, airtight stoves, fireplace inserts, or combination fuel furnaces or boilers which burn solid fuel. Fireplaces with air to fuel ratios that exceed thirty (30) to one are exempt. !DEFEND! C. Solid Fuel Heating Appliance Permits: 1. It shall be unlawful for any person in the City to install a solid fuel heating appliance in any new or existing building without first obtaining from the City Building Inspector a solid fuel heating appliance permit. 2. It shall be unlawful on or after the effective date of this • Section for any person in the City to: advertise for sale, offer to sell, or sell, for installation in any new or existing building, a solid fuel heating appliance which has not been certified as clean burning by the Oregon Department of Environmental Quality. ME3 10-1 (7) • D. Issuance Of Solid Fuel Heating Appliance Permits: 1. No solid fuel heating appliance permit shall be issued by the City Building Inspector or his designee for the installation of a solid fuel heating appliance which has not been certified as clean burning by the Oregon Department of Environmental Quality. 2. The City Building Inspector shall maintain a list of appliances certified to be clean burning by the Oregon Department of Environmental Quality. E. Denial Of Permit: 1. Upon a showing of sufficient cause to believe that grounds exist for the denial of a permit, the City Building Inspector or his designee may deny said permit by sending through the regular mail a written notice containing the grounds for said denial and of the applicant's opportunity to appeal said denial to the City Council. 2. Failure of a person to actually receive a notice sent shall not invalidate the denial. 3. The applicant, upon receiving notice of the denial, may • appeal said denial by making application with the City Building Inspector for a hearing before the City Council within ten (10) working days of receipt of the above notice. F. Denial Hearing And Determination By Board: At any hearing before the City Council pursuant to this Section, the applicant may present evidence, call witnesses and be represented by counsel. Within fifteen (15) working days after the date of the hearing, the City Council shall, after making appropriate findings, either: 1. Uphold the denial by the Building Inspector or his designee; or 2. Allow the issuance of the permit. G. Appeal Decision Of Council: The decision of the City Council on a denial shall be final and conclusive. Appeal from a decision of the City Council must be made to the District Court of the State of Idaho, in and for the County of Ada under the Idaho Administrative Procedures Actl. H. Cooperation With Boise City And Ada County; Incentive Program For Installation Of Appliances: The City shall cooperate with the City of Boise City and Ada County in its • endeavors to create, and, if possible, provide funding for, an incentive program for the installation of clean burning solid fuel heating appliances in buildings. 1. I.C. ~ 67-5201 et seq. ME3 10-1 (8) • I. Additional Provisions: Nothing in this Section is intended to conflict with, supersede, repeal, or affect any other regulations or requirements for the installation or inspection of solid fuel heating appliances previously adopted. J. Penalty: A violation of any of the provisions of this Section, or the failure or omission to perform any duty imposed by the provisions of this Section is hereby declared unlawful and punishable as a misdemeanor. (Ord. 491, 11-17-1987) 10-1-7: SAVING CLAUSE AND VALIDITY: A. Saving Clause: Nothing in this Chapter or in the Code hereby adopted shall be construed to affect any suit or proceeding now pending in any court, or any rights acquired, or liability incurred, nor any cause or causes of action accrued or existing, under any act or ordinance repealed hereby. Nor shall any right or remedy of any character be lost, impaired or affected by this Chapter. (1955 Code) B. Validity: The invalidity of any section or provisions of this Chapter or of the Code hereby adopted shall not invalidate other sections or provisions thereof. (Ord. 206, • 4-5-1971) 10-1-8: PENALTY: Any person violating the provisions of this Chapter shall be deemed guilty of a misdemeanor. (Ord. 206, 4-5-1971) • ME3 • CHAPTER 2 PLUMBING CODE 10-2 (1) For statute authority to adopt nationally recognized codes by reference, see I.C. § 50-901. This statute also requires that three (3) copies of such codes be retained by the City, one of which shall be filed in the office of the City Clerk. SECTION: 10-2-1: Plumbing Code Adopted; Exceptions 10-2-2: City And State Licenses And Bond Required 10-2-3: Permit Required; Application; Issuance 10-2-4: Inspection Requirements 10-2-5: Nonliability Of City 10-2-6: Validity 10-2-7: Penalty !2R! 10-2-1: PLUMBING CODE ADOPTED; EXCEPTIONS: A. Adoption; Copies On File: There is hereby adopted by the City for the purpose of establishing minimum standards of • design, materials and workmanship for all plumbing hereafter installed, altered or repaired, and to establish methods of procedure within the City limits, that certain plumbing code known as the Uniform Plumbing Code, 1991 Edition, and the whole thereof of which not less than three (3) copies have been and now are filed in the office of the City Clerk, and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date of which this Chapter shall take effect, the provisions thereof shall control the installation, alteration or repairing of plumbing within the corporate limits of the City. Is the 1991 Edition the most recent edition, and the one currently being enforced by the City? Response: Leave text as is Change as follows: B. Exceptions: Provided however, the below stated addition and deletions to the Uniform Plumbing Code, 1991 Edition, are also hereby adopted which addition and deletions, if in conflict with the Uniform Plumbing Code (UPC), shall overrule said UPC; • the addition and deletion are stated as follows: 1. Moving Buildings; Inspection: When a building is moved from one location to another, the service entrance shall be inspected and made to conform to the requirements of the current edition of the Uniform Plumbing Code. ME3 10-2 (2) • 2. Copper Tubing: The Exception under section 203 - Use of Copper Tubing, (d), which reads as follows: Exception: Type M copper tubing may be used for water piping when piping is above ground in, or on, a building or underground outside of structures, is hereby deleted from the Uniform Plumbing Code as it pertains to the City. 3. Pipes And Fittings: Section 1004 - Materials, of the 1988 Uniform Plumbing Code, shall remain in effect and full force and any conflict between the provisions of section 1004 of the 1988 Uniform Plumbing Code and the provisions of the 1991 Uniform Plumbing Code shall be controlled by section 1004 of the 1988 Uniform Plumbing Code, which reads as follows: (a) Water pipe and fittings shall be of brass, copper, cast iron, galvanized malleable iron, galvanized wrought iron, galvanized steel or other approved materials. Asbestos-cement, CPVC, PB, PE or PVC water pipe manufactured to recognized standards may be used for cold water distribution systems outside a building. CPVC and PB water pipe and tubing may be used for hot and cold water distribution systems within a building. All materials used in the water supply system, except valves and similar devices shall be of a like material, except where otherwise approved by the Administrative Authority. (b) Cast iron fittings up to and including two (2) inches (50.8mm) in size, when used in connection with potable water piping shall be galvanized. (c) All malleable iron water fittings shall be galvanized. (d) Piping and tubing which has previously been used for any purpose other than for potable water systems shall not be used. (e) Approved plastic materials may be used in water service piping, provided that where metal water service piping is used for electrical grounding purposes, replacement piping therefore shall be of like materials. (f) Solder shall conform to the requirements of • section 802(d). EXCEPTION: Where a grounding system, acceptable to the Administrative Authority is installed, inspected and approved, metallic pipe may be replaced with non-metallic pipe. ME3 • (Ord. 555, 9-17-1991) 10-2-2: CITY AND STATE LICENSES AND BOND REQUIRED: 10-2 (3) A. Licenses And Bond: It shall be unlawful for any person to carry on the business of plumbing without first having secured a State license and a City license to do so and executing to the City a good and sufficient bond, signed by some surety company authorized to transact business in the State, in the penal sum of one thousand dollars ($1,000.00), running to the City, said bond to be approved by the Mayor and Council and conditioned by the saving of the City, harmless and free from all damages or costs by reason of the licensee's operation or his failure or neglect to properly perform any duties incumbent upon him, and for faithful performance of the laws of the State and the City. Is the bond amount current? Response: Yes No Change as follows: • B. License Fees: Before any license is issued, the applicant shall pay to the City Clerk a license fee in accordance with the following schedule: Plumbing contractor $40.00 Journeyman plumber 10.00 Apprentice plumber None ISETLRMI!SETFNT!!SETTAB! Are the fees current? Response: Yes No, change as above marked. C. Expiration And Renewal Of Licenses: All licenses shall expire upon and shall be renewed not later than December 31 of each year. (Ord. 498, 10-4-1988) 10-2-3: PERMIT REQUIRED; APPLICATION; ISSUANCE: A. Permit Required: It shall be unlawful for any person to place or install in any building any plumbing apparatus or • fixture, or to make any alterations or changes in, or additions to any plumbing apparatus or fixtures for such use, without first obtaining from the City Plumbing Inspector a written permit to do such work. B. Contents Of Permit; Submission Of Plan: Such permit shall ME3 10-2 (4) • state the kind of work to be done and the amount, and shall cover only work so specified. The contractor, person, firm or corporation shall submit a plan of the plumbing system to be followed, if deemed necessary by the Plumbing Inspector. Said permit shall also state the location by street and number of the building where such work is to be done, and shall be valid only for the location stated. C. Exception; Inspection And Approval: Provided, however, that this Section shall not be construed as requiring a permit for ordinary repairs to old installations where the cost value of such repairs, including material and labor, does not exceed eight dollars ($8.00), but in all cases, the Plumbing Inspector must be notified immediately upon the completion of such work for his inspection and approval. Is the value amount correct? Response: Yes , No , Change as follows: D. Permit And Inspection Fees: Fees for permits and • inspections shall be fixed by the City Council by resolution. (Ord. 498, 10-4-1988) 10-2-4: INSPECTION REQUIREMENTS: A. Notice For Inspection; Tag By Inspector: It shall be the duty of the City Plumbing Inspector, or the State Inspector if the City so chooses, to inspect or cause to be inspected any and all work for which permits have been issued within forty eight (48) hours (Sundays and holidays excluded) after time of notice, in writing by the person doing the said work that same is ready for inspection, which will not be considered ready for inspection and covering until all enclosed electrical plumbing, steam heating, furnace work and gas fittings are in place. Inspection shall, when necessary, be made two (2) or three (3) times during progress of installation; first when work is roughed in, and last, when work is completed, and it shall be the duty of the City Plumbing Inspector or person qualified and delegated by him and his qualified representative to indicate inspection of any work by a tag or label which shall state the date and whether first or final inspection has been made and it shall be unlawful for any workman or other person to lath or otherwise conceal any plumbing pipes until such first inspection tag has been • placed. In subsection A above, inspection should be performed within 48 hours; however, in subsection 82 below, inspection should be performed within 3 working days. For consistency, shouldn't the same time period be stated in each subsection? ME3 10-2 (5) . Response: Leave text as is in subsection A above or Change as follows: Leave text as is in subsection B2 below or Change as follows: Notice the uaderlined word "electrical" in subsection A above. Since this Chapter covers "plumbing" provisions, we feel "electrical" should be chaaged to "plumbing". Does the City agree? Response: Yes No Change as follows: B. Issuance Of Certificate Of Inspection: 1. Upon application for inspection of any plumbing apparatus, • or appliances as hereinafter provided, the City Inspector shall, after inspection and examination, issue a certificate showing the results of such examinations and require to be made the necessary corrections. 2. Upon the completion of the plumbing in or on any building and prior to being covered up in any fashion, it shall be the duty of the corporation, copartnership, firm or individual doing the same to notify the City Plumbing Inspector, who shall inspect the plumbing within three (3) working days after the notification to him that the plumbing has been completed. If the City Plumbing Inspector does not inspect within three (3) days, the plumbing may be covered; however, the licensee shall still be required to obtain the certificate of inspection. If the plumbing is approved by the City Plumbing Inspector, he shall issue a certificate of proper inspection which shall contain the date of inspection and an outline of the result. It shall be unlawful for any person to turn on or connect the water with such installation until such certificate shall be issued; and it shall be unlawful to make any change, alteration or extension in or to the plumbing of any building after inspection without first notifying said City Plumbing Inspector and procuring a permit therefor. C. Disconnect Defective Plumbing Facilities: • 1. If the said City Plumbing Inspector shall find any part of any plumbing apparatus or fixtures in or on any building in the City to have been installed without a permit or not in accordance with the provisions of this Chapter or to be dangerous to life or property, the City Plumbing Inspector ME3 10-2 (6) • shall have the right and power and it is hereby made his duty to disconnect such defective plumbing and place a seal upon it. He shall at the same time give written notice of such disconnection to the owner or occupant of the building. 2. After such disconnected plumbing apparatus or fixtures have been put in the condition required by this Chapter, the seal or seals so placed shall be removed by said City Plumbing Inspector. It shall be unlawful for any person to use any water through, or by means of, such disconnected plumbing apparatus or fixtures or to attach other pipes for the supply of water to such disconnected plumbing apparatus or fixtures or to remove, break or deface any seal so placed. D. Right Of Entry: The City Plumbing Inspector shall have the right to enter any premises at all reasonable hours for the purpose of inspecting the same. E. Inspection Fees: Before any inspection is undertaken, the applicant shall pay to the City Clerk an inspection fee as established by the City Plumbing Inspector and approved by the City Council by resolution, which inspection fee, or schedule thereof, shall be available at the City Clerk's office during regular business hours. (Ord. 498, 10-4-1988) • 10-2-5: NONLIABILITY OF CITY: This Chapter shall not be construed to relieve from or lessen the responsibility of any person owning, operating or installing any plumbing pipes, appliances, apparatus, construction or equipment for damages to anyone injured or damaged either in person or property by any defect therein; nor shall the City or any agent thereof be held as assuming such liability by reason of inspection authorized herein or certificate of inspection issued by the City Plumbing Inspector. (Ord. 498, 10-4-1988) 10-2-6: VALIDITY: Should any section, paragraph, sentence, clause or phrase of this Chapter or of the Code-hereby adopted be declared unconstitutional or invalid for any reason or cause, the remainder of said Chapter or Code shall not be affected thereby and the same shall not invalidate or void the remainder of this Chapter or said Code. (Ord. 498, 10-4-1988; 1997 Code) we have added the shaded text above. Does the City agree with • this change? Response: Yes No Change as follows: ME3 10-2 (7) • 10-2-7: PENALTY: Any person violating the provisions of this Chapter shall be deemed guilty of a misdemeanor. (Ord. 498, 10-4-1988) • • ME3 • CHAPTER 3 ELECTRICAL CODE • • 10-3 (1) For statute authority to adopt nationally recognized codes by reference, see I.C. ~ 50-901. This statute also requires that three (3) copies of such codes be retained by the City, one of which shall be filed in the office of the City Clerk. SECTION: 10-3--1: Electrical Code Adopted; Additions 10-3--2: City And State Licenses And Bond Required 10-3--3: Installations By Owner Of Building 10-3--4: Permit Required; Application; Issuance 10-3--5: Inspection Requirements 10-3--6: Installation Of Meters And Outside Wiring 10-3--7: Specifications Of Service Wires 10-3--8: Nonliability Of City 10-3--9: Validity 10-3-10: Penalty !2R! 10-3-1: ELECTRICAL CODE ADOPTED; ADDITIONS: The National Electrical Code of 1990 is ted, ordinances a~ i~ s.et out at'leri~t hereYn, with the below-stated additions, which additions, if in conflict with the National Electrical Code, shall overrule said Code. (Ord. 556, 9-17-1991; 1997 Code) Is the 1990 Edition the one currently being enforced by the City? There is a 1996 Edition available. Response: Leave text as is Change as follows: The shaded text above has been added by Sterling, with the omission of the outdated last ~ of Section 2-301 of the 1955 City Code. Is the acceptable? Response: Yes No , Change as follows: A. Moving Buildings; Inspection: When a building is moved from one location to another, the service entrance shall be inspected and made to conform to the requirements of the current edition of the National Electrical Code. ME3 10-3 (2) B. Unfinished Studded Partitions: On November 2, 1963, the State Electrical Board ruled that when unfinished studded partitions are in place in residential basements, indicating that the enclosed areas are intended for rooms, such enclosed areas shall be considered as rooms. The wiring, including receptacle outlets as required by section 210-25(b) of the National Electrical Code, shall be installed before the wiring of the building is approved. The City needs to confirm that the sections of the National 8lectrical Code mentioned throughout this Section are the appropriate ones in the 1991 Electrical Code (or any more recent edition which may be adopted by the City). Said sections have been bolded for easy reference. Please so indicate in the margin any changes deemed appropriate. C. Supporting Partitions: When a residential basement is not divided into separate rooms and only an unfinished supporting partition is in place, at least two (2) outlets shall be installed in such supporting partition, facing the area on opposite sides of the partition. D. Utility And Storage Spaces: The requirement that receptacle outlets be installed within six feet (6') from any wall space • in dwelling type occupancies (section 210-25 [b] of the National Electrical Code) does not apply to hallways, bathrooms, utility rooms, laundry rooms, furnace rooms and storage spaces. The number of outlets in these areas is optional, but adequate branch circuit capacity must be provided for lighting and for all electrical equipment to be installed in such areas without the use of extension cords. E. Separation Of Buildings By Fire Walls: 1. In general, the National Electrical Code permits only one service to a building. (Sections 230-21 and 230-2) Are the bolded sections correct, especially "230-2"? Response: Yes , No , Change as follows: 2. Article 100 of the National Electrical Code defines a building as "A structure which stands alone or which is cut off from adjoining structures by fire walls with all openings therein protected by approved fire doors". • F. Number Of Services: For the purpose of determining the number of services which may be run to a building or structure, a fire wall shall be a masonry wall, not less than four inches (4") thick, which extends from the foundation to the roof sheathing. (Bulletin No. 52 issued Jun® 1, 1966) ME3 10-3 (3) • Is above-referenced Bulletin the most recent, and the one currently being enforced by the City? Response: Leave text as is Change as follows: G. Aluminum Conduit For Mast Type Services Prohibited: When the service conduit is used as a mast to support the service drop, rigid steel conduit shall be used. Aluminum conduit will not be approved for this purpose unless approved braces are provided to relieve the conduit of horizontal strain. Guy wires will not be approved for this purpose. H. Approval Of Certain Voltage Installations: Due to the many misunderstandings and misinterpretations of the National Electrical Code requirements for conductors and service disconnects, etc., on installations of over six hundred (600) volts, it has become necessary to require that all installations of voltages over six hundred (600) volts that are customer-owned or operated must be submitted for prior plan approval to the Electrical Board representative in the area in which the installation is to be made. (Ord. 433, 5-21-1984) • I. Street Lighting Waiver, Photo-Electric Cell Required: In the event street lighting requirements are waived in the case of an R-4 single-family dwelling development or subdivision, the developer and lot owner shall be responsible for ensuring that there is a yard light installed in the front yard of each house in said development; that the yard light shall be controlled by a photo-electric cell which causes the yard light to come on and shut off automatically and said yard light shall be electrically wired directly to the residence's electrical breaker panel and comply with the National Electrical Code. (Ord. 474, 4-7-1987) 10-3-2: CITY AND STATE LICENSES AND BOND REQUIRED: A. Licenses And Bond: It shall be unlawful for any person to carry on the business of electric wiring without first having secured a State license and a City license to do so and executing to the City a good and sufficient bond, signed by some surety company authorized to transact business in the State, in the penal sum of one thousand dollars ($1,000.00), running to the City, said bond to be approved by the Mayor and Council and conditioned by the saving of the City, harmless and free from all damages or costs by reason of the licensee's • operation or his failure or neglect to properly perform any duties incumbent upon him, and for faithful performance of the laws of the State and the City. Is the bond amount current? • • • ME3 Response: Yes No Change as follows: 10-3 (4) B. License Fees: Before any license is issued, the applicant shall pay to the City Clerk a license fee in accordance with the following schedule: Electrical contractor $40.00 Journeyman electrician 10.00 Apprentice electrician None ISETLRM!!SETFNT!!SETTAB! Are the fees current? Response: Yes ; No, change as marked above. C. Expiration And Renewal Of Licenses: All licenses shall expire upon and shall be renewed not later than December 31 of each year. (Ord. 433, 5-21-1984) 10-3-3: INSTALLATIONS BY OWNER OF BUILDING: If an owner wishes to do wiring in his own building, he may do so without a State license, but he must first obtain a permit as required by this Chapter. The City Electrical Inspector may refuse to issue a permit to such person, if, in his estimation, such person is not competent to install the electrical work to be done under said permit applied for in accordance with the regulations of this Chapter. (Ord. 433, 5-21-1984) Is due process allowed such owner in the case of refusal by the Electrical inspector to issue a permit? If so, then the reasons for the permit denial may need to be listed and the owner allowed an opportunity for hearing before an unbiased City official or agency. If the City does have a procedure to follow in this instance, suggest such procedure be added to this Section. Response: Leave text as is Exact change or additional language is enclosed herewith 10-3-4: PERMIT REQUIRED; APPLICATION; ISSUANCE: A. Permit Required: It shall be unlawful for any person to place or install in any building any wiring, apparatus or ME3 10-3 (5) • fixture for the use of electric current for light, heat or power, or to make any alterations or changes in, or additions to any wiring, apparatus or fixtures for such use, without first obtaining from the City Electrical Inspector a written permit to do such work. B. Contents Of Permit; Submission Of Plan: Such permit shall state the kind of work to be done and the amount, and shall cover only work so specified. The contractor, person, firm or corporation shall submit a plan of the wiring system to be followed, if deemed necessary by the Electrical Inspector. Said permit shall also state the location by street and number of the building where such work is to be done, and shall be valid only for the location stated. C. Exception; Inspection And Approval: Provided, however, that this Section shall not be construed as requiring a permit for ordinary repairs to old installations where the cost value of such repairs, including material and labor, does not exceed eight dollars ($5.00), but in all cases, the Electrical Inspector must be notified immediately upon the completion of such work for his inspection and approval. Is the value amount current? • Response: Yes No , Chaage as follows: D. Permit And Inspection Fees: Fees for permits and inspections shall be fixed by the City Council. (Ord. 433, 5-21-1984) 10-3-5: INSPECTION REQUIREMENTS: A. Notice For Inspection; Tag By Inspector: It shall be the duty of the City Electrical Inspector, or the State Inspector if the City so chooses to inspect or cause to be inspected any and all work for which permits have been issued within forty eight (48) hours (Sundays and holidays excluded) after time of notice, in writing by the person doing the said work that same is ready for inspection, which will not be considered ready for inspection and covering until all enclosed plumbing electrical.:, steam heating, furnace work and gas fittings are in place. Inspection shall, when necessary, be made two (2) or three (3) times during progress of installation; first when work is roughed in, and last, when work is completed; and it • shall be the duty of the City Electrical Inspector or person qualified and delegated by him and his qualified representative to indicate inspection of any work by a tag or label which shall state the date and whether first or final inspection has been made. It shall be unlawful for any worker or other person to lath or otherwise conceal any electrical ME3 10-3 (6) • wiring until such first inspection tag has been placed. In subsection A above, inspection should be performed within 48 hours; however, in subsection B2 below, inspection should be performed within 3 working days. For consistency, should the same time period be stated in each subsection. Response: Leave text as is in subsection A above , or Change as follows: Leave text as is in subsection 82 below or Change as follows: Notice the underlined word "plumbing" in subsection A above. Since this Chapter covers "electrical" provisions, we feel "plumbing" should be changed to "electrical". Does the City agree? Response: Yes , No Change as follows: U B. Issuance Of Certificate Of Inspection: 1. Upon application for inspection of any wiring apparatus, or appliances as hereinafter provided, the City Electrical Inspector shall, after inspection and examination, issue a certificate showing the results of such examinations and require to be made the necessary corrections. 2. Upon the completion of the wiring in or on any building and prior to being covered up in any fashion, it shall be the duty of the corporation, copartnership, firm or individual doing the same to notify the City Electrical Inspector, who shall inspect the wiring within three (3) working days after the notification to him that the wiring has been completed. If the City Electrical Inspector does not inspect within three (3) days, the wiring may be covered; however, the licensee shall still be required to obtain the certificate of inspection. If the wiring is approved by the City Electrical Inspector, he shall issue a certificate of proper inspection which shall contain the date of such inspection and an outline of the result. It shall be unlawful for any person to turn on or connect the current with such installation until such certificate shall be issued; and it shall be unlawful to make any change, alteration or extension in or to the wiring of any building after inspection without first notifying said City Electrical Inspector and procuring a permit therefor. C. Disconnect Defective Electrical Wiring, Fixtures: ME3 10-3 (7) . 1. If the City Electrical Inspector shall find any part of any electric wiring, apparatus or fixtures in or on any building in the City to have been installed without a permit or not in accordance with the provisions of this Chapter or to be dangerous to life or property, the City Electrical Inspector shall have the right and power and it is hereby made his duty to disconnect such defective wiring and place a seal upon it. He shall at the same time give written notice of such disconnection to the owner or occupant of the building. 2. After such disconnected wiring, apparatus or fixtures have been put in the condition required by this Chapter, the seal or seals so placed shall be removed by said City Electrical Inspector. It shall be unlawful for any person to use any current, through, or by means of such disconnected wiring, apparatus or fixtures or to attach other wires for the supply of current to such disconnected wiring, apparatus or fixtures or to remove, break or deface any seal so placed. D. Right Of Entry: The City Electrical Inspector shall have the right to enter any premises at all reasonable hours for the purpose of inspecting the same. E. Inspection Fees: Before any inspection is undertaken, the applicant shall pay to the City Clerk an inspection fee as • established by the City Electrical Inspector and approved by the City Council by resolution. Such inspection fee, or schedule thereof, shall be available at the City Clerk's office during regular business hours. (Ord. 474, 4-7-1987) 10-3-6: INSTALLATION OF METERS AND OUTSIDE WIRING: A. Accessibility; Prohibited Locations: Meters must be placed in a dry place, free from vibration and accessible to the meter readers, testers and inspectors at all times. Under no circumstances will meters be installed in bathrooms, bedrooms, clothes closets, over doors, in stairways, attics or places likely to cause the visits to the meters to be an annoyance to the occupants. B. Meters And Service Equipment: Meters shall be installed on the outside of buildings at a height of not less than five feet (5') or not more than six feet (6') from the ground. In office buildings, apartment buildings, and commercial buildings of multiple occupancy, meters may be mounted inside, providing a readily accessible place is provided for meters and service equipment. Said meters and service equipment shall be kept free and clear of all obstructions. (Ord. 433, 5-21-1984) • 10-3-7: SPECIFICATIONS OF SERVICE WIRES: All buildings hereafter erected to be used for public purposes such as, but not limited to, churches, stores, halls, school ME3 10-3 (8) • buildings, garages, manufacturing establishments, auto camps, and as service stations must be wired in conduit, or n U 9 permissible metallic covered wire. All provisions herein are effective on final passage and approval and not retroactive. (Ord. 433, 5-21-1984) 10-3-8: NONLIABILITY OF CITY: damaged either in person or property by any defect therein; nor shall the City or any agent thereof be held as assuming such liability by reason of inspection authorized herein or certificate of inspection issued by the City Electrical Inspector. (Ord. 433, 5-21-1984) This Chapter shall not be construed to relieve from or lessen the responsibility of any person owning, operating or installing any electrical wires, appliances, apparatus, construction or equipment for damages to anyone injured or The text for Sections 2-314, "Validity"; and 2-315, "Penalty" is missing from the 1955 City Code. Therefore, Sterling has added the following two sections, consistent with Chapters 1 and 2 of this Chapter. Please indicate if changes are deemed appropriate. 10-3-9: VALIDITY: unconstitutional or invalid for any reason or cause, the remainder of said Chapter or Code shall not be affected thereby and the same shall not invalidate or void the remainder of this Chapter or said Code. (1997 Code) Should any section, paragraph, sentence, clause or phrase of this Chapter or of the Code hereby adopted be declared 10-3-10: PENALTY: Any person violating the provisions of this Chapter shall be deemed guilty of a misdemeanor. (1997 Code) n U C J I ~ U r~ LJ ME3 CHAPTER 4 FIRE PREVENTION CODE For statute authority to adopt nationally reference, see I.C. 5 50-901. This statut three (3) copies of such codes be retains which shall be filed in the office of the SECTION: 10-4 (1) recognized codes by e oleo requires that d by the City, one of City Clerk. 10-4-1: Fire Code And Appendices Adopted; Exceptions 10-4-2: Copies On File !2R! 10-4-1: FIRE CODE AND APPENDICES ADOPTED; EXCEPTIONS: The 1994 Uniform Fire Code is hereby adopted for the purpose of regulating and governing conditions hazardous to life and property from fire. The Uniform Fire Code, as it may be amended, including Appendices II-A, II-F, III-A, III-B, III-C, V-A-Standards, VI-A-Hazardous Materials Classification, and VI-D, UBC References Tables, is hereby adopted with the following exceptions to the Code: Is the 1994 Edition the most recent edition, and the one currently being enforced by the City? Response: Leave text as is Change as follows: Section 2.303: Section 2.303 shall read as follows: 2.303 Board Of Appeals And Limitations Of Authority: To determine the suitability of alternate materials and types of construction and to provide for reasonable interpretations of the provisions of this code, there shall be and hereby is created a board of appeals consisting of five members who are qualified by experience and training to pass upon pertinent matters. The chief shall be an ex officio member and shall act as secretary of the board. The board of appeals shall be appointed by the executive body and shall hold office at their pleasure. The board shall adopt reasonable rules and regulations for conducting its investigations and shall render decisions and findings in writing to the fire chief, with a duplicate copy to the appellant. The board of appeals shall have no authority relative to interpretation of the administrative provision of the code, nor shall the board be empowered to waive requirements of this Code. • ME3 10-4 (2) Section 4.108: The first paragraph of Section 4.108 shall read as follows: 4.108 Permit Required: A permit may be obtained from the bureau of fire prevention prior to engaging in the following activities, operations, practices or functions. Section 10.507: Section 10.507.(h), Required Installations of Automatic Fire-Extinguishing Systems: Group R, Division 1 Occupancies, shall read as follows: An automatic sprinkler system shall be installed throughout apartment houses three or more floors in height or containing 6 or more dwelling units, in congregate residences three or more floors in height and having an occupant load of 31 or more and in hotels three or more floors in height or containing 13 or more guest rooms. Residential or quick-response standard sprinklers shall be used in the dwelling units and guest room portions of the building. For purposes of this requirement, in determining the number of floors, the word "floors" includes those floors that are below surface grade, at surface grade, and those above surface grade. r~ LJ Section 78.103: In Article 78 only Section 78.103 (b) and Section 78.203 through 78.309 are adopted and the rest of the Article is not adopted. Section 79.116: The first paragraph of Section 79.116 (e) shall read as follows: Underground Tanks Out of Service for One Year. Underground tanks, except EPA approved tanks, which have been out of service for a period of one year shall be removed from the ground in a manner approved by the chief and the site shall be restored in an approved manner. When the chief determines that the removal of the tank is not necessary, abandonment in place is allowed. Section 79.605: The third paragraph of Section 79.605 (c) shall read as follows: Devices used for final testing of tanks shall be capable of detecting leaks as small as 0.10 gallons per hour. Leaking piping and equipment shall not be used until repaired or replaced. For leaking tanks, see Section 79.601 (d). • (Ord. 706, 7-5-1995) 10-4-2: COPIES ON FILE: Not less than three (3) copies of the Uniform Fire Code and Appendices, as adopted in Section 10-4-1 of this Chapter, ME3 10-4 (3) • shall be and remain on file in the office of the City Clerk. (1997 Code) Sterling added above Section, for compliance with statute. Is this acceptable? Response: Yes , No Change as follows: • • ME3 • CHAPTER 5 FLOOD DAMAGE PREVENTION For statute authority, see I.C. § 50-333. SECTION: 10-5-1: Findings Of Fact, Purpose, And Objectives 10-5-2: Definitions 10-5-3: General Provisions 10-5-4: Administration 10-5-5: Provisions For Flood Hazard Reduction !2R! 10-5-1: FINDINGS OF FACT, PURPOSE, AND OBJECTIVES: A. Findings Of Fact: 10-5 (1) 1. The flood hazard areas of the City are subject to periodic inundation which results in loss of life and property, health, and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of • which adversely affect the public health, safety and general welfare. 2. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated, or otherwise protected from flood damage also contribute to the flood loss. B. Statement Of Purpose: It is the purpose of this Chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed: 1. To protect human life and health; 2. To minimize expenditure of public money and costly flood control projects; 3. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; 4. To minimize prolonged business interruptions; • 5. To maintain damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in areas of special flood hazard; 6. To help minimize as table tax base by providing for the ME3 10-5 (2) • sound use and development of areas of special flood hazard so as to minimize future flood blight areas; 7. To ensure that potential buyers are notified that property is in an area of special flood hazard; and 8. To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. C. Methods Of Reducing Flood Losses: In order to accomplish its purposes, this Chapter includes methods and provisions for: 1. Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; 2. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; 3. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters; • 4. Controlling filling, grading, dredging, and other development which may increase flood damage; and 5. Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or may increase flood hazards in other areas. (Ord. 564, 11-19-1991) 10-5-2: DEFINITIONS: Unless specifically defined below, words or phrases used in this Chapter shall be interpreted so as to give them the meaning they have in common usage and to give this Chapter its most reasonable application. !DEF! APPEAL: A request for a review of the Building Department's interpretation of any provision of this Chapter or a request for a variance. AREA OF SHALLOW FLOODING: A designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet (1' to 3'); a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and, velocity flow may be evident. AO is • characterized as sheet flow and AH indicates ponding. AREA OF SPECIAL FLOOD HAZARD: The land in the floodplain within a community subject to a one percent (1~) or greater chance of flooding in any given year. Designation on maps always includes the letters A or V. 10-5 (3) ME3 • BASE FLOOD: The flood having a one percent (1~) chance of being equalled or exceeded in any given year. Also referred to as the "100-year flood". Designation on maps always includes the letters A or V. DEVELOPMENT: Any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard. FLOOD INSURANCE RATE MAP (FIRM): The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. FLOOD INSURANCE STUDY: The official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Boundary-Floodway Map, and the water surface elevation of the base flood. FLOOD OR FLOODING: A general and temporary condition of partial or complete inundation of normally dry land areas from: • A. The overflow of inland waters, and/or B. The unusual and rapid accumulation of runoff of surface waters from any source. FLOODWAY: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot (1'). LOWEST FLOOR: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this Chapter found at subsection 10-5-SB1b of this Chapter. MANUFACTURED HOME: A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed • on a site for greater than one hundred eighty (180) consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles. MANUFACTURED HOME PARK OR SUBDIVISION: A parcel, or contiguous ME3 10-5 (4) • parcels, of land divided into two (2) or more manufactured home lots for rent or sale. NEW CONSTRUCTION: Structures for which the "start of construction" commenced on or after the effective date of this Chapter. START OF CONSTRUCTION: Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundation or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. • STRUCTURE: A walled and roofed building including a gas or liquid storage tank that is principally above ground. SUBSTANTIAL IMPROVEMENT: A. improvement of a structure, exceeds fifty percent (50~) structure either: Any repair, reconstruction, or the cost of which equals or of the market value of the 1. Before the improvement or repair is started, or 2. If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. B. The term does not, however, include either: 1. Any project for improvement of a structure to comply with existing State or local health, • sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or 2. Any alteration of a structure listed on the National Register of Historic Places or a ME3 10-5 (5) • State Inventory of Historic Places. VARIANCE: A grant of relief from the requirements of this Chapter which permits construction in a manner that would otherwise be prohibited by this Chapter. (Ord. 564, 11-19-1991) !DEFEND! 10-5-3: GENERAL PROVISIONS: A. Lands To Which This Chapter Applies: This Chapter shall apply to all areas of special flood hazards within the jurisdiction of the City. B. Basis For Establishing Areas Of Special Flood Hazard: The areas of special hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for the City of Meridian", completed in August of 1989, with accompanying Flood Insurance Maps completed September 27, 1991, are hereby adopted by reference and declared to be a part of this Chapter. The Flood Insurance Study and Maps are on file in the office of the City Clerk. (Ord. 564, 11-19-1991) C. Penalties For Noncompliance: No structure or land shall • hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this Chapter and other applicable regulations. Violation of the provisions of this Chapter by failure to comply with any of its requirements, including violations of conditions and safeguards established in connection with conditions, shall constitute a misdemeanor. Any person who violates this Chapter or fails to comply with any of its requirements shall, upon conviction thereof, be subject to penalty as provided in Section 1-4-1 of this Code for each violation, and in addition shall pay all costs and expenses involved in the case, including attorney fees. Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation. (Ord. 564, 11-19-1991; 1997 Code) D. Abrogation And Greater Restrictions: This Chapter is not intended to repeal, abrogate, or impair any existing easements, covenants or deed restrictions. However, where this Chapter and another chapter, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. E. Interpretation: In the interpretation and application of this Chapter all provisions shall be: • 1. Considered as minimum requirements; 2. Liberally construed in favor of the governing body; and 3. Deemed neither to limit nor repeal any other powers granted ME3 10-5 (5) • State Inventory of Historic Places. VARIANCE: A grant of relief from the requirements of this Chapter which permits construction in a manner that would otherwise be prohibited by this Chapter. (Ord. 564, 11-19-1991) !DEFEND! 10-5-3: GENERAL PROVISIONS: A. Lands To Which This Chapter Applies: This Chapter shall apply to all areas of special flood hazards within the jurisdiction of the City. B. Basis For Establishing Areas Of Special Flood Hazard: The areas of special hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for the City of Meridian", completed in August of 1989, with accompanying Flood Insurance Maps completed September 27, 1991, are hereby adopted by reference and declared to be a part of this Chapter. The Flood Insurance Study and Maps are on file in the office of the City Clerk. (Ord. 564, 11-19-1991; 1997 Code) C. Penalties For Noncompliance: No structure or land shall • hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this Chapter and other applicable regulations. Violation of the provisions of this Chapter by failure to comply with any of its requirements, including violations of conditions and safeguards established in connection with conditions, shall constitute a misdemeanor. Any person who violates this Chapter or fails to comply with any of its requirements shall, upon conviction thereof, be subject to penalty as provided in Section 1-4-1 of this Code for each violation, and in addition shall pay all costs and expenses involved in the case, including attorney fees. Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation. (Ord. 564, 11-19-1991; 1997 Code D. Abrogation And Greater Restrictions: This Chapter is not intended to repeal, abrogate, or impair any existing easements, covenants or deed restrictions. However, where this Chapter and another chapter, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. E. Interpretation: In the interpretation and application of this Chapter all provisions shall be: • 1. Considered as minimum requirements; Liberally construed in favor of the governing body; and Deemed neither to limit nor repeal any other powers granted ME3 under State statutes. 10-5 (6) F. Warning And Disclaimer Of Liability: The degree of flood protection required by this Chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This Chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This Chapter shall not create liability on the part of the City, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this Chapter or any administrative decision lawfully made hereunder. (Ord. 564, 11-19-1991) 10-5-4: ADMINISTRATION: A. Establishment Of Development Permit: 1. Development Permit Required: A development permit shall be obtained before construction or development begins within any area of special flood hazard established in subsection 10-5-3B of this Chapter. The permit shall be for all structures • including manufactured homes, as set forth in Section 10-5-2 of this Chapter, and for all development including fill and other activities also as set forth in Section 10-5-2 of this Chapter. 2. Application For Development Permit: Application for a development permit shall be made on forms furnished by the Building Department and may include but not be limited to; plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required: a. Elevation in relation to mean sea level, of the lowest floor, including basement, of all structures; b. Elevation in relation to mean sea level to which any structure has been floodproofed; c. Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in subsection 10-5-5B2 of this Chapter; and • d. Description of the extent to which a watercourse will be altered or relocated as a result of proposed development. B. Designation Of Building Department: The Building Department is hereby appointed to administer and implement this Chapter by granting or denying development permit applications in ME3 10-5 (7) • accordance with its provisions. C. Duties And Responsibilities Of Building Department: Duties of the Building Department shall include, but not be limited to: 1. Permit Review: a. Review all development permits to determine that the permit requirements of this Chapter have been satisfied. b. Review all development permits to determine that all necessary permits have been obtained from those Federal, State, or local governmental agencies from which prior approval is required. c. Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of subsection 10-5-5C1 of this Chapter are met. 2. Use Of Other Base Flood Data: When base flood elevation data has not been provided in accordance with subsection 10-5-3B of this Chapter, "Basis for Establishing Areas of Special Flood xazard", the Building Department shall obtain, • review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, in order to administer subsections 10-5-5B of this Chapter, "Specific Standards", and 10-5-5C of this Chapter, "Floodways". 3. Information To Be Obtained And Maintained: a. Where base flood elevation data is provided through the Flood Insurance Study or required as in subsection C2 of this Section, obtain and record the actual elevation (in relation to mean sea level) of the lowest floor including basement of all new or substantially improved structures, and whether or not the structure contains a basement. b. For all new or substantially improved floodproofed structures: (1) Verify and record the actual elevation (in relation to mean sea level), and (2) Maintain the floodproofing certificates required in subsection A2c of this Section. c. Maintain for public inspection all records pertaining to • the provisions of this Chapter. 4. Alteration Of Watercourses: a. Notify adjacent communities and the State Department of Water Resources prior to any alteration or relocation of a ME3 10-5 (8) • watercourse, and submit evidence of such notification to the Federal Insurance Administration. b. Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. 5. Interpretation Of FIRM Boundaries: Make interpretations where needed, as to exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in subsection D of this Section. D. Variance Procedure: 1. Appeal Board: a. The City Council shall hear and decide appeals and requests for variances from the requirements of this Chapter. b. The City Council shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Building Department in the • enforcement or administration of this Chapter. c. Those aggrieved by the decision of the City Council, or any taxpayer, may appeal such decision to the Fourth Judicial District Court, Ada County, Idaho, pursuant to Idaho Code chapter 52, title 67. d. In passing upon such applications, the City Council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this Chapter; and (1) The danger that materials may be swept onto other lands to the injury of others; (2) The danger to life and property due to flooding or erosion damage; (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (4) The importance of the services provided by the proposed facility to the community; (5) The necessity to the facility of a waterfront location, • where applicable; (6) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; (7) The compatibility of the proposed use with existing and ME3 • anticipated development; 10-5 (9) (8) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; (9) The safety of access to the property in times of flood for ordinary and emergency vehicles; (10) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and (11) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. e. Upon consideration of the factors of subsection D1d of this Section and the purposes of this Chapter, the City Council may attach such conditions to the granting of variances as it deems necessary to further the purpose of this Chapter. f. The Building Department shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. • 2. Conditions For Variances: a. Generally, the only condition under which a variance from the elevation standard may be issued is for new construction and substantial improvement to be erected on a lot of one-half (1/Z) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (1 through 11) in subsection Dld of this Section have been fully considered. As the lot size increases the technical justification required for issuing the variance increases. b. Variances may be issued for the reconsideration, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in this Section. c. Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result. d. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood • hazard, to afford relief. e. Variances shall only be issued upon: (1) A showing of good and sufficient cause; ME3 10-5 (10) • (2) A determination that failure to grant the variance would result in exceptional hardship to the applicant; (3) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in subsection D4d of this Section, or conflict with existing local laws or ordinances. f. Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from the flood elevations should be quite rare. g. variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry-floodproofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria except subsection D2a of this Section, and otherwise complies with • subsection 10-5-5A1 and 2 of the "General Standards". h. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (Ord. 564, 11-19-1991) 10-5-5: PROVISIONS FOR FLOOD HAZARD REDUCTION: A. General Standards: In all areas of special flood hazards, the following standards are required: 1. Anchoring: a. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. b. All manufactured homes must likewise be anchored to prevent flotation, collapse or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, • use of over-the-top or frame ties to ground anchors (reference FEMA's "Manufactured Home Installation in Flood Hazard Area" guidebook for additional techniques). 2. Construction Materials And Methods: ME3 10-5 (11) • a. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. b. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. c. Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 3. Utilities: a. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; b. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and • c. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 4. Subdivision Proposals: a. All subdivision proposals shall be consistent with the need to minimize flood damage; b. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; c. All subdivision proposals shall be adequate drainage provided to reduce exposure to flood damage; and d. Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments which contain at least fifty (50) lots or five (5) acres (whichever is less). 5. Review Of Building Permits: Where elevation data is not available either through the Flood Insurance Study or from another authoritative source (subsection 10-5-4C2 of this Chapter), Applications for building permits shall be reviewed • to assure that proposed construction will from flooding. The test of reasonableness and includes use of historical data, high photographs of past flooding, etc., where to elevate at least two feet (2') above g may result in higher insurance rates. be reasonably safe is a local judgment water marks, available. Failure jade in these zones ME3 10-5 (12) • B. Specific Standards: In all areas of special flood hazards where base flood elevation data has been provided as set forth in subsection 10-5-3B of this Chapter, "Basis for Establishing Areas of Special Flood Hazard" or subsection 10-5-4C2 of this Chapter, "Use of Other Base Flood Data", the following provisions are required: 1. Residential Construction: a. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation. b. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: (1) A minimum of two (2) openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. • (2) The bottom of all openings shall be no higher than one foot (1') above grade. (3) Openings may be equipped with screens, louvers, or other coverings or devices; provided, that they permit the automatic entry and exit of floodwaters. 2. Nonresidential Construction: New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation; or, together with attendant utility and sanitary facilities, shall: a. Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water. b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. c. Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development • and/or review of the structural design, specifications and plans. Such certifications shall be provided to the official as set forth in subsection 10-5-4C3b of this Chapter. d. Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the ME3 10-5 (13) • lowest floor as described in subsection Blb of this Section. e. Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot (1') below the floodproofed level (e.g., a building constructed to the base flood level will be rated as one foot below that level). 3. Manufactured Homes: All manufactured homes to be placed or substantially improved within Zones Al-30, AH, and AE shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with the provisions of subsection Alb of this Section. C. Floodways: Located within areas established in subsection 10-5-3B ~ designated as floodways. Since the hazardous area due to the velocity debris, potential projectiles, and following provisions apply: of special flood hazard if this Chapter are areas floodway is an extremely of flood waters which carry erosion potential, the 1. Prohibit encroachments, including fill, a new construction, substantial improvements, and other development unless • certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. 2. If subsection C1 above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this Section 10-5-5 of this Chapter, "Provisions For Flood Hazard Reduction". (Ord. 564, 11-19-1991) D. Encroachments: Where base flood elevations have been provided but floodways have not been provided, the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than one foot (1') at any point. (Ord. 643, 4-19-1994) • ME3 • !TITLE! 11 ZONING REGULATIONS Title, Authority, Intent And Purpose . Rules And Definitions Administration; Penalty And Enforcement General Provisions Nonconforming Buildings, Structures And Uses Zoning District Map And Districts Zoning Districts; Establishment And Purpose Zoning Schedule Of Use Control . Zoning Schedule Of Bulk Coverage Controls Residential Housing Standards Floodplain Overlay District (FP) . Performance Standards For District Uses Off-Street Parking And Loading Facilities Signs Zoning Amendment Procedures Annexation And Zoning Upon Annexation Conditional Uses Variances Certificates And Fees Illustrations • Official Zoning Maps T11 (1) . 1 . 2 . 3 . 4 . 5 . 6 . 7 . 8 . 9 10 11 12 13 14 15 16 17 18 19 20 21 For statute authority regarding zoning provisions, see I.C. § 50-1301 at seq. and § 67-6501 et seq. Note that we have codified Ordinance 430 (ZOaiag, Development and Subdivision Regulations) in two titles, as follows: Title 11, Zoning Regulations Title 12, Subdivision And Development As has been done in the past, the two titles can still easily be printed separate from the City Code as one booklet including both titles, or as two separate booklets, for the convenience of the City aad/or interested parties. • ME3 • CHAPTER 1 • • TITLE, AUTHORITY, INTENT AND PURPOSE SECTION: 11-1--1: Title 11-1--2: Authority 11-1--3: Jurisdiction 11-1--4: Intent And Purpose 11-1--5: Minimum Requirements 11-1--6: Relationship With Other Laws 11-1--7: Combining Of Permits 11-1--8: Effect On Existing Agreements 11-1--9: Severability Clause 11-1-10: Repeal Of Conflicting Ordinances; 11-1-1: TITLE: 11-1 (1) Effective Date !2R! This Title shall be known as the ZONING ORDINANCE OF THE CITY OF MERIDIAN, IDAHO. (Ord. 430, 4-2-1984) 11-1-2: AUTHORITY: This Zoning Title is adopted pursuant to authority granted by Idaho Code chapter 65, title 67; and article 12, section 2 of the Idaho Constitution as amended or subsequently codified. (Ord. 430, 4-2-1984) 11-1-3: JURISDICTION: These regulations shall apply to the development of all land within the legally defined Meridian City limits and to property outside the City limits for which annexation has been requested and to land the City has jurisdiction over pursuant to Idaho Code chapter 65, title 67, under the area of impact agreements between the City and Ada County. (Ord. 557, 10-1-1991) 11-1-4: INTENT AND PURPOSE: The intent of this Title shall be to implement a general guide for the use of the land in the Meridian City limits and land over which the City has jurisdiction under the area of impact agreements between the City and Ada County. This Title shall be based on the officially adopted Comprehensive Plan of the City of Meridian and is enacted in order to promote and to protect the public health, safety, comfort, convenience, prosperity and general welfare and to achieve the following objectives: A. To promote the achievement of the proposals of the Meridian • • • ME3 Comprehensive Plan. 11-1 (2) B. To advance the City as a self-sufficient employment and economic center. C. To improve the character and quality of Meridian's manmade environment while maintaining its identity as a self-sufficient community. D. To encourage orderly growth and development, thereby avoiding scattered development of land that results in either of the following: 1. The lack of water supply, sewer service, drainage, transportation facilities, or otherwise essential public services; and 2. The unnecessary imposition of an excessive expenditure to public funds for the supply of such services. E. To protect residential, commercial, industrial and civic areas from the intrusion of incompatible uses and to provide opportunities for establishments to concentrate for efficient operation in mutually beneficial relationships to each other and to shared services. F. To provide for desirable and appropriately located living areas in a variety of dwelling types and at a wide range of population and densities with adequate provision for sunlight, fresh air and usable open space. G. To promote safe, fast and efficient movement of people and goods and the provision of adequate off-street parking and loading. H. To encourage excellence and creativity in the design of all future developments and to preserve the natural beauty of Meridian's setting. I. To provide for the manner and form of preparing and processing applications; for establishment, modification and/or variances from zoning districts and regulations. J. To encourage growth in those areas of the City which (due to topography, soil characteristics and other compatible features) provide the most favorable conditions for future community services such as sewer, water, transportation, school, parks, etc. (Ord. 557, 10-1-1991) K. To encourage the proper distribution and compatible integration of neighborhood commercial into residential areas of the City. (Ord. 592, 11-17-1992) L. To protect existing waters (Five Mile, Nine Mile and Ten Mile Creeks) through the establishment of easements throughout the City. • • r~ U ME3 11-1 (3) M. To protect recognized historic and architectural landmarks throughout the City. N. To establish reasonable standards to which buildings or structures shall conform. O. To ensure that additions to and alterations or remodeling of existing buildings or structures comply with the restrictions and limitations imposed hereunder. P. To provide protection against fire, explosion, noxious fumes and other hazards in the interest of the public health, safety, comfort and the general welfare. Q. To ensure that buildings and land within the City are adequately maintained to prevent physical deterioration and tax base erosion. R. To specify the administration of the regulations of this Title by defining the powers and duties of approval authorities. (Ord. 557, 10-1-1991) 11-1-5: MINIMUM REQUIREMENTS: The provisions herein shall be held to be the minimum requirements for the promotion of the public health, safety and general public welfare. (Ord. 430, 4-2-1984) 11-1-6: 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. (Ord. 430, 4-2-1984) 11-1-7: COMBINING OF PERMITS: The Commission is hereby required to coordinate with other departments and agencies concerning all permits which may be required in this Title and previously or subsequently adopted (County/City) ordinances. A one-stop permit application and processing procedure shall be developed with the respective departments and agencies for the purpose of reducing errors, misunderstanding, confusion and unnecessary delay for everyone involved. (Ord. 430, 4-2-1984) 11-1-8: EFFECT ON EXISTING AGREEMENTS: ME3 11-1 (4) • This Title is not intended to nullify any easement, covenant or any other private agreement; provided, that where the regulations of this Title are more restrictive or impose higher standards or requirements than such easement, covenant or other private agreement, the requirements herein shall govern. (Ord. 430, 4-2-1984) 11-1-9: SEVERABILITY CLAUSE: Should any section or provision of this Title be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this Title as a whole or a part thereof other than the part so declared to be unconstitutional or invalid. (Ord. 430, 4-2-1984) 11-1-10: REPEAL OF CONFLICTING ORDINANCES; EFFECTIVE DATE: All ordinances or parts of ordinances in conflict with this Title or inconsistent with the provisions of this Title are hereby repealed to the extent necessary to give this Title full force and effect. This Title shall become effective from and after the date of its approval and adoption, as provided by law. (Ord. 430, 4-2-1984) • • ME3 CHAPTER 2 C~ J • RULES AND DEFINITIONS SECTION: 11-2-1: Rules 11-2-2: Definitions !2R! 11-2-1: RULES: 11-2 (1) For the purpose of this Title, certain terms or words used herein shall be interpreted as follows: A. The word "person" includes a firm, association, organization, partnership, trust, company or corporation, as well as an individual; B. The present tense includes the future tense, the singular number includes the plural and the plural number includes the singular; C. The word "shall" is a mandatory requirement, the word "may" is a permissive requirement, and the word "should" is a preferred requirement; D. The words "used" or "occupied" include the words "intended, designed or arranged to be used or occupied"; E. The word "lot" includes the words "plot", "parcel" and "tract"; and F. The masculine shall include the feminine. (Ord. 430, 4-2-1984) 11-2-2: DEFINITIONS: !DEF! ACCESSORY USE OR STRUCTURE: A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. An accessory use or structure does not alter the essential characteristics of the principal permitted use and does not include a building which is defined herein as a dwelling unit. ADMINISTRATOR: A designated member of the City staff who is appointed by the Mayor, and confirmed by the Council, to administer this Title. AESTHETIC: Those qualities of a development or natural feature which contribute to a pleasant environment. AGRICULTURE: The use of land for farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, animal and poultry husbandry and the necessary accessory uses for ME3 11-2 (2) packing, treating or storing the produce, provided, however, that: A. The operation of any such accessory uses shall be secondary to that of normal agricultural activities; and B. The above uses shall not include the feeding or sheltering of animals or poultry in penned enclosures within one hundred feet (100') of any residential zoning district. Agriculture does not include the operation or maintenance of a commercial stockyard or feedyard where large numbers of livestock are fed concentrated feeds, particularly for the purpose of fattening for market. ALLEY: A public or private way with an improved driving surface of not less than sixteen feet (16') nor more than twenty feet (20') wide and with a platted width not wider than necessary to accommodate said driving surface, drainage, utilities, fencing and appurtenant facilities, affording only secondary means of access to abutting property at the back or side of a property. • AMENITY: Attractive, pleasant or agreeable qualities associated with the design of a development or buildings and equipment. APARTMENT: A room or suite of rooms in a multiple-family structure which is arranged, designed or used as a single housekeeping unit and has complete and permanently installed kitchen and bathroom facilities. APARTMENT HOUSE: Any building, or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied as the home or residence of three (3) or more families living independently of each other and doing their own cooking in said building. APPEAL: A request for a rehearing or reconsideration or a request to a higher authority for a change of the decision on the application, usually because said application has been denied or approved with the conditions by the Administrator, Commission or Council. This Title sets forth the procedure which must be followed in the filing of an appeal. A time element is stated, and the applicant must take action within this period. An appeal must also be filed on appropriate forms which have been adopted pursuant to this Title. • APPLICANT: Any person initiating an application for subdividing or development of land for the building or modification of any improvement on land. Applicant also includes any person submitting a request for rezone, conditional use, accessory use, annexation, or request to be allowed to make any application authorized under this Title. ME3 11-2 (3) • APPLICATION: Proposals which are initiated by a person to the Commission and Council for consideration. An application shall include, but not be limited to, zoning amendments, conditional use permits, variances, preliminary development plans or plats, final development plans or plats, appeals, certificates of zoning compliance, certificates of occupancy and annexation. ARCHITECT: A person who is qualified by reason of his knowledge of mathematics, the arts, the physical sciences and the principles of architecture acquired by professional education and experience, to engage in the practice of architecture, Idaho Code sections 54-301 and 67-601(x). There is no such statute section "67-601(s)", and we were unable to determine what other statute sectioa to reference. Please provide. Response: • AREA REQUIREMENTS: The designation given to the specific requirements set forth in a zone or district by the Zoning Ordinance text. Area requirements refer to the numerical standards established for a lot and building coverage in a particular district. AREAWIDE WASTE TREATMENT MANAGEMENT PLAN (208 PLAN): Section 208 of the Federal Water Pollution Control Act Amendments of 1972 calls for a rational program for cleaner water by 1983. The 208 Plan, known as the "1977 Ada/Canyon Areawide Waste Treatment Management Plan", requires the development of water quality solutions by State and local levels of government. AUTOMOBILE WRECKING YARD: Premises on which two (2) or more currently nonlicensed motor vehicles or two (2) or more motor vehicles not in operating condition are standing more than thirty (30) days and are dismantled or stored. "Motor vehicles" includes also mobile homes, trailers or trucks. Fully enclosed buildings are exempt from this definition. AUTOMOTIVE REPAIR: The repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting and steam cleaning of vehicles. BABYSITTING: The act of caring for children for consideration while the parents or usual guardians are absent. If it is • performed in the child's own home or all the children are brothers and sisters of each other, this definition shall not be restricted as to the number of children. If it is performed in the babysitter's home for children who are not all brothers and sisters, this definition of babysitting shall be restricted to three (3) children not any of which are related ME3 11-2 (4) • as brothers or sisters. Babysitting is further defined as being performed on a sporadic basis and not on an every weekday basis. It is not to be confused with day care or the definition of a child care facility. BASEMENT: A portion of a building all or partly underground but having at least one-half (1/z) of its height below the average level of the adjoining ground. BLOCK: A group of lots, tracts or parcels within well-defined boundaries, usually streets. BOARDING OR LODGING HOUSE: A building (other than a hotel, motel or restaurant) where meals and/or lodging are provided for compensation to three (3) or more persons who are not members of the householder's family. BUFFER STRIP OR ZONE: An area established to protect one type of land use from possible undesirable characteristics of another, as between industrial and residential zones. The more intensive utilization of land to provide screening from that of the less intensive. BUILDING: Any structure securely fixed to the land, and which is designed or intended for the shelter, enclosure or protection of persons, animals, chattels or property of any kind. BUILDING, ACCESSORY: A subordinate building detached from, but located on the same lot as the principal building, the use of which is incidental and accessory to that of the main building or use. (For illustration, see Section 11-20-1 of this Title.) BUILDING, EXISTING: A building erected prior to the effective date of this Title or one for which a legal building permit has been issued as of the effective date of this Title's initial adoption on April 2, 1984. BUILDING, HEIGHT: The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and the top of building walls for gable, hip and gambrel roofs. BUILDING, NONCONFORMING: Any building which does not conform to the requirements of this Title. BUILDING, PRINCIPAL: A building in which is conducted the main or principal use of the lot on which said building is situated. Every dwelling in any R District is a principal • building. (For illustration, see Section 11-20-1 of this Title.) BUILDING SETBACK LINE: An imaginary line established by this Title that requires all buildings to be set back from lot lines. (For illustration, see Section 11-20-1 of this Title.) ME3 11-2 (5) • BUILDING SITE: An area proposed or provided and improved by grading, filling, excavation or other means for erecting pads for buildings. BULK: A term used to describe the size and relationships of buildings and other structures, spaces, streets and parking and overall land area. CARPORT: A covered shelter for no more than three (3) automobiles open on two (2) or more sides. CEMETERY: Land used or intended to be used for the burial of the human or animal dead and dedicated for purposes, including crematories, mausoleums and mortuaries if operated in connection with and within the boundaries of such cemetery for which perpetual care and maintenance is provided. CERTIFICATE OF OCCUPANCY: A certificate which is issued by the Building Inspector to indicate that, after construction of the building has been completed, or a use in an existing building has been changed, the purpose for which the building was constructed or changed is capable of being carried out in accordance with the terms of this Title. A structure cannot be occupied until a certificate of occupancy and license have been issued. • CHILD CARE FACILITY: Any home, structure, or place where nonmedical care, protection, or supervision is regularly provided to children under fourteen (14) years of age, for periods less than twenty four (24) hours per day, while the parents or guardians are not on the premises. There are three (3) types of child care facilities: A. Family Child Care Home: A child care facility which provides care for five (5) or fewer children throughout the day. B. Group Child Care Home: A child care facility which provides care for six (6) to twelve (12) children throughout the day. C. Child Care Center: A child care facility which provides care for more than twelve (12) children throughout the day. It should be noted that in determining the type of child care facility that is being operated, the total number of children cared for during the day and not the number of children at the facility at any one time is determinative. • CITY: The City of Meridian which has jurisdiction over the land under consideration in this Title. CLINIC (MEDICAL, DENTAL, OPTICAL): A building (other than a hospital) used by one or more health care practitioners for 11-2 (6) ME3 • the purpose of care, diagnosis or treatment of sick, ailing, infirm, or injured patients, or those who are in need of medical and surgical attention, but which building does not provide board, room or regular hospital care and services. CLUB OR LODGE: A building or portion thereof on premises owned or operated by a nonprofit organized association of persons for a social, literary, political, educational, recreational or similar purpose primarily for the exclusive use of enrolled members and their guests, but not including any organization, group or association, the principal activity of which is to render a service usually and ordinarily carried on as a business. CLUSTER DEVELOPMENT (INDUSTRIAL AND COMMERCIAL): Units which are concentrated in one area, and served by common parking roads and utilities. CLUSTER DEVELOPMENT (RESIDENTIAL): Units which are concentrated in one area and surrounded by common open space. COMMERCIAL USE OR BUSINESS: The purchase, sale or other transaction involving the handling or disposition of any article, substance or commodity, or management of office buildings, offices for recreational, entertainment or • amusement enterprises, or the maintenance and use of offices entertainment or amusement enterprises or the maintenance and use of offices by professions and trades rendering services is included in this definition. by professions and trades rendering services. The purchase, sale or other transaction involving the handling or disposition of any article, substance or commodity, or the dispensing of services for livelihood or profit; ownership or management of office buildings, offices for recreational, COMMISSION: The Planning and Zoning Commission which is appointed by the Mayor and confirmed by the Council. COMMITTEE OR SPECIAL COMMISSION: A group of citizens as appointed by the Mayor of the City of Meridian and confirmed by the Council, or appointed by the; Planning and Zoning Commission to implement the policies of the Comprehensive Plan or to assist with technical evaluation of subdivisions, development or special plans and to make recommendations to the Commission and Council. Should shaded words ba added in above definition? Response: Yes No Change as follows: COMMUNITY SHOPPING CENTER (COMMERCIAL): A shopping center the size of which generally falls between neighborhood and ME3 11-2 (7) • regional shopping centers. Generally one hundred thousand to four hundred thousand (100,000 to 400,000) square feet of gross floor space on a site of eight to thirty (8 to 30) acres. COMPREHENSIVE PLAN: The Comprehensive Plan which has been officially adopted by the City of Meridian, Idahol. CONDITIONAL USE PERMIT: (Also known as a special use permit and special exception.) Permit allowing an exception to the uses authorized by this Title in a zoning district. CONDOMINIUM: A system of individual fee ownership of units in a multi-unit structure which is usually combined with joint ownership of common areas of the structure and land. CONTIGUOUS: Two (2) parcels of land which, at some point, have a common border. CONTRACTOR YARD: Any parcel of land used for storage, maintenance or processing incidental to the business of building, hauling, excavation, demolition or similar activity and including any parcel of land used for the incidental repair of machinery used for any of the above listed activities. • CONVALESCENT OR NURSING HOME, REST HOME: Any home, place or institution which operates or maintains facilities providing convalescent, or chronic care, or both, for a period in excess of twenty four (24) consecutive hours for two (2) or more patients not related by blood or marriage to the operator, and said patients, who by reason of illness or infirmity, are unable to properly care for themselves. CONVENIENCE CENTERS: A commercial development offering goods at retail and personal services to a limited area in population. CONVENIENCE STORE: A store offering goods, including gasoline, for sale at retail. The offering for sale of services or goods pertaining to the repair or servicing of vehicles shall not be included within this definition of convenience store. See definition of Service Station. COURT: A space which is open and unobstructed to the sky, on a lot, and bounded on three (3) or more sides by building walls or fences. COUNCIL: The elected, legislative and governing body of the City of Meridian, Idaho. COVENANT: A written promise or plan. 1. See Title 1, Chapter 12 of the City Code. ME3 11-2 (8) • CULVERT: A drain that channels water under a bridge, street, road or driveway. DAIRY FARM: A farm whose principal function is the production of milk and milk products and which may include the processing of milk so produced. A dairy farm further refers to a dairy barn or processing facility or feeding area where animals are kept, raised or fed in a restricted area. DEDICATION: The setting apart of land or interests in land for use by the public by ordinance, resolution or entry in the official minutes as by the recording of a plat. Dedicated land becomes public land upon the acceptance by the City. DEGRADATION: To scale-down the desirability or stability of an area's physical environment. DENSITY: A unit of measurement which specifies the number of dwelling units per acre of land. A. Gross Density: The number of dwelling units per acre of total land to be developed, including public right of way. • B. Net Density: The number of dwelling units per acre of land when the acreage involved excludes public and private right of way for streets and roads. DEVELOPED AREA: That portion of development which contains all structures, roads and site improvements. Common open space shall be deemed to be part of the developed area. DEVELOPMENT PLAN (PRELIMINARY AND FINAL DEVELOPMENT PLANS): All plats, plans and/or submissions by a subdivider or developer in whole or in part describing a development and considered by the Commission and Council. DISTRICT OR ZONE: A portion of the City of Meridian within which certain uniform regulations and requirements or various combinations thereof apply under provisions of this Title. The letter "R" shall represent the residential districts, with the number following the letter "R" representing the maximum allowable dwelling units per acre. The letter "C" shall represent the commercial districts. The letter "I" shall represent the industrial district. The letters "LO" shall represent the limited office district. DOMESTIC LIVESTOCK: Cattle, dairy animals, sheep, goats and other grazing animals as would be found on a normal farm • livestock operation. DOWN-ZONING: An action by an entity authorized to adjust zoning regulations which results in the lowering of the zoning classification of a given tract, tracts or area to a lesser land use; for example, an adjustment from commercial to ME3 11-2 (9) • residential land use. DRIVE-IN ESTABLISHMENT: An establishment (other than a service station or truck stop) which is designed to accommodate the motor vehicles and patrons in such manner as to permit the occupants of such vehicles, while remaining therein, to make a purchase or to receive services. DRY LINE SEWER: Sewer lines which have been installed as per City specifications before connections to a Municipal wastewater treatment facility become a reality. DWELLING, MULTI-FAMILY: A dwelling consisting of four (4) or more attached dwelling units. DWELLING, SINGLE-FAMILY: A dwelling consisting of a single dwelling unit only, separated from other dwelling units by open space. DWELLING, THREE-FAMILY (TRIPLEX): A dwelling consisting of three (3) attached dwelling units. DWELLING, TWO-FAMILY (DUPLEX): A dwelling designed to be used by two (2) families consisting of two (2) dwelling units which may be either attached side by side or one above the other. • DWELLING UNIT: Any building or portion thereof which meets adopted building codes and is used as a residence or living quarters of one or more persons. EASEMENT: A permanent or temporary limited right of use of land for specific purposes. ENGINEER AND PROFESSIONAL ENGINEER: A person who is qualified by reason of his knowledge of mathematics, the physical sciences, and the principles of engineering acquired by professional education and practical experience, to engage in the practice of professional engineering. See Idaho Code section 54-1202(a) and (b). ENTERTAINMENT FACILITIES (COMMERCIAL): Any structure housing any "for profit" activity, which is generally related to the entertainment field, such as motion picture theaters, taverns, nightclubs, cocktail lounges, bowling alleys, and similar entertainment activities. EXCLUSIVE ZONING: This is a term applied to a district on the Zoning Map in which only one type of land use is permitted. There may be several variations of the type of land use, but only one category is allowed. Illustrative of this is where an • area has been designated as an industrial district and the ordinance text then sets forth the permitted uses and requirements therefor. The text of an exclusive ordinance will indicate that only industrial development will be allowed in this zone. With the exception of conditional uses, all other uses such as residential and commercial will be prohibited. ME3 11-2 (10) • FAMILY: A person living alone or two (2) or more persons living together as a single housekeeping unit in a dwelling unit as distinguished from a group occupying a boarding house, lodging house, motel or hotel. FENCE: An enclosure; especially, an enclosing barrier, as one to prevent straying from within or intrusion into. FENCE, OPEN: A fence that does not restrict or impede vision or sight through the fence by more than twenty percent (20~). FLOODPLAIN: The relatively flat area or low land adjoining the channel of a river, stream, lake or other body of water which has been or may be covered by water of a flood of 100-year frequency. The floodplain includes the channel, floodway and floodway fringe, as established per the engineering practices as specified by the Army Corps of Engineers. FLOOR AREA, NET: That portion of the gross floor area of the building occupied by the listed use or uses and shall include hallways, storage and packaging space, dressing or restrooms and laboratory or work rooms. However, that floor space within the building reserved for parking or loading of vehicles and basement space used only for building maintenance and utilities shall be excluded. • GARAGE, PRIVATE: An enclosed accessory building or an accessory portion of the main building designed and used for indoor parking or storage of vehicles or boats owned and operated by the occupant of the main dwelling. An unattached garage is considered to be an accessory building. GARAGE, PUBLIC: A building or portion thereof (except a private garage) used or designed to be used for the storage of motor vehicles. GLARE: To shine with a harsh, uncomfortably bright light. GOVERNING BODY: The Meridian City Council. GRADE: The elevation of the finished surface of the ground adjacent to the midpoint of any exterior wall of a building or structure. GRADE, ESTABLISHED: The curb line grade at the lot lines as approved by Ada County Highway District Engineer or appropriate agency. HABITAT: The character of the natural environment needed to support native plant and animal life. • HARDSHIP: An unusual situation on the part of an individual property owner which will not permit him to enjoy the full utilization of his property as is enjoyed by others in the community. A hardship can exist only when it is not self-created. ME3 11-2 (11) . HEALTH AUTHORITY: Central District Health Department or Idaho State Health and Welfare Department. HIGHWAY: The entire width between the boundary lines of every way publicly maintained when any part is open to the use of the public for vehicular traffic, with jurisdiction extending to the adjacent property line, including sidewalks, shoulders, berms, and rights of way not intended for motorized traffic. The term "street" is interchangeable with highway. HOME OCCUPATIONS, URBAN AND RURAL: Any gainful operation, profession or craft, which is customarily incidental to or carried on in a dwelling place, and wherein the use is clearly incidental and secondary to the use of the structure for dwelling purposes. HOSPITAL: An institution devoted primarily to the maintenance and operation of facilities for the medical or surgical care of patients for twenty four (24) hours or more. The term "hospital" does not include convalescent, nursing or boarding homes, or any institution operating solely for the treatment of mentally ill persons, drug addicts, liquor addicts or other types of cases necessitating forcible confinement of patients. HOTEL: A building containing six (6) or more bedrooms where • overnight lodging without individual cooking facilities is offered to the public for compensation, and is primarily for the accommodation of transient guests. A motel shall not be deemed to be a hotel. IMPACT AREA: That area duly negotiated and adopted pursuant to Idaho Code section 67-6526 by the City of Meridian and Ada County, State of Idaho, by means of a separate ordinance. That area shall be governed by the ordinances of the City of Meridian pertaining to zoning and development. IMPROVEMENT: Any alteration to the land or other physical constructions associated with building site developments. INDUSTRIAL: The manufacture, processing and testing of goods and materials, including the production of power. It does not refer to the growing of agricultural crops, or the raising of livestock, or the extraction or severance of raw materials from the land being classified, but it does include activities incidental thereto. INGRESS AND EGRESS: Entrance and exit. INSTITUTION: Building and land designed to aid individuals in need of mental, therapeutic, rehabilitative counseling or • other correctional services. JUNK YARD: An outdoor space where waste, discarded, or salvaged materials are bought, sold, exchanged, baled, packed, disassembled, stored or handled. Junk yard also includes house wrecking and structural steel materials and equipment, but ME3 11-2 (12) • does not include such places entirely within a completely shops and establishments for used furniture and household operable condition, or salva~ to manufacturing operations. where such uses are conducted enclosed building such as pawn the sale, purchase or storage of equipment or for used cars in fed materials which are incidental KENNEL: Any lot or premises on which three (3) or more dogs and/or cats and other household domestic animals more than six (6) months of age are housed, groomed, bred, boarded, trained, sold or cared for. LAND USE: A term used to indicate the utilization of any piece of land whether it be lot, plat, tract or acreage. Land use is an indication of the existing development within a community and becomes the basis to formulate district boundaries. LAND USE PLAN: The Meridian Comprehensive Plan. LOADING AND UNLOADING SPACE, OFF-STREET: An open hard-surfaced area of land (other than a street or public way) in which the principal use is for the standing, loading and unloading of motor vehicles, tractors or trailers. LOT: A parcel of land created by subdivision which is of • sufficient size to meet minimum zoning requirements for use, coverage and area and to provide such yards and other open spaces as are herein required. A lot shall have frontage on an approved public street or an approved private street and may consist of: 1) a single lot: 2) a portion of a lot; and 3) a combination of complete lots, or of portions of lots. LOT AREA: The area of any lot shall be determined exclusive of streets, highways, alleys, roads, rights of ways, irrigation easements and land which is used for the conveyance of irrigation water, drainage water, creek or river flows. LOT, CORNER: A lot abutting upon two (2) or more streets at their intersection or upon two (2) parts of the same street, such streets or parts of the same street forming an interior angle of less than one hundred thirty five degrees (135°). The point of intersection of the street lines is the "corner". LOT COVERAGE: The area of a zoning lot which is occupied by the principal building, buildings or accessory buildings and the horizontally projected area of the lot. The ratio is expressed as a percentage. LOT, DEPTH: The mean horizontal distance between the front and the rear lot lines. Where the lot is irregular and the lot • lines converge, the rear lot line shall be deemed to be a line at a point where the side lot lines are not less than ten feet (10') apart. (For illustration, see Section 11-20-1 of this Title.) LOT, DOUBLE FRONTAGE: A lot with frontage on two (2) streets. ME3 11-2 (13) LOT, FLAG LOT: A lot in the shape of a flag on a pole or similar design. A flag lot shall have a minimum frontage of thirty feet (30') on a public street and structure placed on a flag lot shall have the house facing the street frontage. LOT, FRONTAGE: The distance across the lot along the street right-of-way line. LOT, INTERIOR: A lot with only one frontage on a street. LOT LINE, FRONT: The line separating the lot from the principal street on which it fronts. LOT LINE, REAR: The lot line opposite and most distant from the front lot line or conforming to lot depth. LOT LINE, SIDE: Any lot line other than a front or rear lot line. A side lot line separating a lot from a street is also called a side street or flanking street lot line. A side lot line separating a lot from another lot or lots is also called an interior side lot line. LOT LINES: Property lines bounding the lot. LOT OF RECORD: A lot which is part of a subdivision recorded • in the office of the County Recorder; or a lot or parcel described by metes and bounds, the description of which has been so recorded. LOT, THROUGH: A lot other than a corner lot having frontage on two (2) parallel or approximately parallel streets. On a through lot, both street lines shall be deemed front lot lines. MAJOR SUBDIVISION: All subdivisions not able to qualify as a minor subdivision (defined below.) MANUFACTURED BUILDINGS: A fabricated, transportable building (other than a mobile home) designed to be incorporated at a building site into a structure to be used for residential, commercial, industrial or agricultural purposes and which has attached to the building a valid insignia which states that the manufactured building is built in accordance with the Uniform Building Codel and applicable laws, rules and regulations. Buildings to be used for residential purposes shall also include in the insignia that such building is in compliance with HUD Minimum Property Standards for such construction. MANUFACTURING, EXTRACTIVE: Any mining, quarrying, excavating, • processing, storing, separating, cleaning or marketing of any mineral natural resource. 1. See Title 10, Chapter 1 of the City Code. 11-2 (14) ME3 • MANUFACTURING, HEAVY: Manufacturing, processing, assembling, storing, testing and similar industrial uses which are generally major operations and extensive in character, require large sites, open storage and service areas, extensive services and facilities, ready access to regional transportation and normally generate some nuisances such as smoke, noise, vibration, dust, glare, air pollution or water pollution. MANUFACTURING, LIGHT: Industrial uses which are usually controlled operations, relatively clean, quiet and free of objectionable or hazardous elements such as smoke, noise, odor or dust; which operate and store within enclosed structures, and which generate little industrial traffic and no nuisances. MARQUEE: A permanent roofed structure attached to and supported by the building and projecting over public property. MEAT PACKING (COMMERCIAL): A facility which includes the canning, curing, smoking, salting, packing and freezing of meat products, or a facility in which meat products are processed for sale to the retail trade and where the inspection of meat, meat by-products and meat food products are maintained. • MINOR SUBDIVISION: Any subdivision containing not more than four (4) lots confronting on an existing or proposed street, or the extension of Municipal facilities, or the creation of any public improvements, and not adversely affecting the remainder of the parcel or adjoining property and not in conflict with any provision or portion of the Comprehensive Plan, Zoning Map, Zoning Ordinance or other ordinances. MOBILE HOME: A structure transportable in one or more sections which has attached to the structure a valid insignia which states that the mobile home is in compliance with Federal Mobile Home Construction and Safety Standards (HUD). MOBILE HOME PARK: A residential area which involves land under single ownership with lots rented for the location of mobile homes and provision of facilities and services to tenants by management. MOBILE HOME SUBDIVISION: A subdivision designed and intended for exclusive mobile home residential use. MONUMENT: Any permanent marker (either concrete, galvanized iron pipe or iron or steel rods) used to identify any tract, parcel, lot or street lines, as specified in Idaho Code section 50-1303. • MOTEL: A building, or group of buildings on the same premises (whether detached or in connected rows), containing sleeping or dwelling units independently accessible from the outside, or central hallway, with garage space or parking space located on the premises, and designed for, or occupied by, travelers. ME3 11-2 (15) • The term includes, but is not limited to, any buildings or building groups designated as auto courts, motor lodges, tourist courts or by any other title or sign intended to identify them as providing lodging to motorists. MOTOR VEHICLE REPAIR, MAJOR: Engine rebuilding or major reconditioning of worn or damaged motor vehicles, or trailers, collision service, including body, frame or fender straightening or repair, and overall painting of vehicles within an enclosed building. MOTOR VEHICLE REPAIR, MINOR: Incidental repairs, replacement of parts and motor service to motor vehicles, but not including any operation under "Motor Vehicle Repair, Major". MUNICIPAL WASTEWATER COLLECTION AND TREATMENT SYSTEM: Meridian City facilities for the central collection and treatment of domestic wastewater, within the Meridian Urban Service Planning Area and provides for the removal of polluting constituents from wastewater including reduction of biological oxygen demand, suspended solids, fecal coliform and provides for disinfection of any discharged water. NEIGHBORHOOD CONVENIENCE CENTER (COMMERCIAL): A shopping center having approximately thirty thousand to two hundred • thousand (30,000 to 200,000) square feet of gross floor space and on a site of approximately four to eight (4 to 8) acres of land. It would provide for the sale of convenience goods (food, drugs and sundries) and personal neighborhood services for the day-to-day living of the immediate neighborhood within which it is located. NONCONFORMING USE: The use of land or a use of a structure or building which is not in conformance with the conditions or requirements of this Title. NURSERY OR GREENHOUSE FOR FLOWERS AND PLANTS (COMMERCIAL): Land, building structure or combination thereof for the storage, cultivation and transplanting of live trees, shrubs or plants offered for sale on the premises including products used for gardening or landscaping. OPEN SPACE: An area substantially open to the sky which may be on the same lot with a building. The area may include (along with the natural environmental features) water areas, swimming pools, tennis courts and any other recreational facilities. Streets, parking areas, structures for habitation, buildings, covered structures and the like shall not be included. OPEN SPACE (COMMON): Any private open space intended for use • by occupants of a development. The space may include, but is not limited to, recreation areas, landscaped plazas, fountains, sitting areas, natural areas and is meant to provide an open atmosphere. Common private open space does not include parking areas, vacant or undeveloped lots, or any other space which does not contribute to the aesthetic quality ME3 . of the development. 11-2 (16) OPEN SPACE (PUBLIC): Land in public ownership or control which includes, but is not limited to, parks, recreation areas, water bodies, historical sites, public utility easements, scenic routes, floodplains, slide areas, areas too steep for safe construction, wildlife refuges, natural areas, forests, fisheries and watersheds. ORIGINAL PARCEL OF LAND: A lot or tract as recorded on any plat or record on file in the office of the County Recorder or any unplatted contiguous parcel of land held in one ownership and of record at the effective date of this Title, April 2, 1984. Should "or" be changed to "of"3 Response: Yes No , Change as follows: OWNER: The person or entity having the ownership of record in the property. • OWNERSHIP: The individual, firm, association, syndicate, partnership or corporation who has title of property. PARKING AREA OR LOT (PRIVATE): An open, hard-surfaced area (other than a street or public way) designed, arranged and made available for private passenger automobiles of occupants of the building or buildings for which the parking area is developed. PARKING AREA OR LOT (PUBLIC): An open, hard-surfaced area (other than a street or public way) to be used for the storage (for limited periods of time) of operable passenger automobiles or commercial vehicles and available to the public whether for compensation, free or as an accommodation to clients or customers. PARKING SPACE, OFF-STREET: For the purpose of this Title, an off-street parking space shall consist of an area adequate for parking an automobile with dimensions conforming to the requirements of this Title. PARTY WALL: A wall adjoining and parallel to the lot line which is used primarily by the party upon whose lot the wall is located. Party walls may share common foundations. PERFORMANCE OR DESIGN STANDARDS: Standards which are often applied to industrial, residential and commercial districts and place limits on such things as noise, dust, glare, smoke, vibration, radioactivity and odors; any proposed use which cannot meet these standards is not to be allowed, and once a ME3 11-2 (17) . use has been permitted, it must maintain its ability to meet the standards or else have its certificate of occupancy revoked. PERFORMANCE OR SURETY BOND: A financial guarantee by a subdivider or developer deposited and filed with the City in the amount of the estimated construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the agreement by the developer. The bond involves an amount of money or other negotiable security which is paid by the subdivider or developer to the City Clerk and Recorder. The bond also guarantees that the subdivider or developer will perform all actions required by the governing body regarding an approved plat or plan, and provides that if the subdivider or developer defaults and fails to comply with the provisions of an approved plat or plan, the subdivider, developer or his surety will pay damages up to the limit of the bond, or the surety will itself complete the requirements of the approved plat or plan. PERMITTED USE: The utilization of land which shall be permitted to take place in any district as set forth by this Title. • PLANNED COMMERCIAL DEVELOPMENT (PD-C): Any development in which the principal use of land is for commercial purposes. PLANNED DEVELOPMENT (PD) An area of land which is developed as a single entity for a number of uses in combination with or exclusive of other supportive uses. A PD may be entirely residential, industrial, commercial or a mixture of compatible uses. A PD does not necessarily correspond to lot size, bulk, density, lot coverage required, open space or type of residential, commercial or industrial uses as established in any one or more created districts of this Title. PLANNED GENERAL DEVELOPMENT (PD-G) A development not otherwise distinguished under planned commercial, industrial, residential developments, or in which the proposed use of interior and exterior spaces requires unusual design flexibility to achieve a completely logical and complementary conjunction of uses and functions. This PD classification applies to essential public services, public or private recreation facilities, institutional uses, community facilities or a PD which includes a mix of residential, commercial or industrial uses. PLANNED INDUSTRIAL DEVELOPMENT (PD-I) Any developments in which the principal use of the land area is for industrial • purposes or accessory uses customarily relating to industrial uses with the balance of such areas, if any, being intended for commercial uses as reasonably relates to the support or convenience of the intended industrial uses or their occupants. ME3 11-2 (18) • PLANNED RESIDENTIAL DEVELOPMENT (PD-R): Any development which is predominantly residential including those accessory purposes customarily relating to residential uses with the balance of such area, if any, being intended for such uses as reasonably relate to the support or convenience of the residential uses of other occupants. POULTRY SLAUGHTERHOUSE AND/OR POULTRY PACKING PLANT (COMMERCIAL): All establishments maintained for the slaughtering of poultry or preparing or processing of poultry products for human consumption in any farm and wherein said products are so prepared for sale to the retail outlets. PROFESSIONAL OFFICES: Structures where those engaged in a profession conduct their business and activity. PUBLIC NOTICES: The notice given by the City of Meridian or the applicant, which is required, which provides notice to the public and area residents around the area being considered that an application has been filed and that the City will be holding a hearing at a time certain and date certain and whereby the public and property owners will have an opportunity to submit their views and ideas and evidence as to the proposed development or zoning. • PUBLIC SERVICE FACILITY: Buildings, power plants or substations, water storage tanks or reservoirs, public garages or storage areas, water treatment plants or pumping stations, sewage disposal or pumping plants, and other similar public service structures owned and/or operated by a public utility, railroad (whether publicly or privately owned), or a Municipal or other governmental agency. PUBLIC USES: Public parks, schools, administrative and cultural buildings, and structures, but not including public land or buildings devoted solely to the storage and maintenance of equipment and materials and public service facilities. Also public-owned buildings, fire and police stations, libraries, post offices and public utility administration buildings. PUBLIC UTILITY: Any person, entity or Municipal department that is duly authorized to furnish to the public under regulation such as, but not limited to, electricity, gas, steam, telephone, transportation or water. QUASI-PUBLIC USE: Churches, Sunday schools, parochial schools, hospitals, convalescent or retirement homes, colleges and other facilities of an educational, religious, charitable, philanthropic or nonprofit nature. • REGIONAL SHOPPING CENTER (COMMERCIAL): The largest of shopping centers which is all-inclusive and self-sufficient with at least two (2) large department stores as the major tenants and generally serves a population of approximately one hundred fifty thousand (150,000) or more. It is a center having over ME3 11-2 (19) • seven hundred fifty thousand (750,000) square feet of gross floor space and located on a site greater than seventy five (75) acres. REPAIR: The reconstruction, renewal or maintenance of real or personal property. RESEARCH ACTIVITIES: Research, development and testing related to such fields as chemical, pharmaceutical, medical, electrical, transportation, planning and engineering. RESERVE STRIP: A strip of land between a partial street and adjacent property which is reserved or held in public ownership for future street extension or widening. RESTAURANT: Any land, building or part thereof (other than a boarding house) where meals are provided for compensation. RIGHT OF WAY: A strip of land dedicated or reserved for use as a public way which normally includes streets, sidewalks and other public utilities or service areas. In addition to the roadway, it incorporates the curbs, special features required by the topography or treatment such as grade separation, landscaped areas, viaducts and bridges. • ROADSIDE STAND: A temporary or mobile structure designed or used for the display or sale of products or services. SANITARIUM: A health station or retreat or any place where resident patients are kept and which specializes in giving clinical, temporary and emergency services of a medical or surgical nature to patients and injured persons and general medical practice as distinguished from treatment of mental and nervous disorders (not excluding surgical and post-surgical treatment of mental patients) and as licensed by the Idaho State Department of Health as sanitariums. SCHOOL (KINDERGARTEN, ELEMENTARY, INTERMEDIATE OR HIGH): An institution of learning (either public or privately supported) which offers instruction in the several branches of learning and study required to be taught in the public schools by the State of Idaho. High school includes junior and senior high. SCREENING: See Buffer Strip Or Zone. SEAT: The place at, or the thing on, which one sits. For purposes of determining the number of off-street parking spaces for certain uses, the number of seats is the number of seating units installed or indicated or each eighteen (18) lineal inches of benches, pews or space for loose chairs. • SERVICE STATION: Buildings and premises where gasoline, oil, grease, batteries, tires and motor vehicle accessories may be supplied and dispensed at retail and where minor motor repair and services may be rendered. Uses permissible at a service station do not include major body work, straightening of body ME3 11-2 (20) • parts, painting, welding, storage of automobiles not in operating condition, or other work involving noise, glare, fumes or smoke. SETBACK LINE: A line established by this Title, generally parallel with and measured from the lot line, defining the limits of a yard in which no building may be located above ground except as may be provided in this Title. (See Section 11-20-1 of this Title.) SIDEWALK: That portion of the road right of way outside the roadway which is improved for the use of pedestrian traffic. SIGN: Any structure or natural object, such as a tree, rock, bush, the ground itself or part thereof, or device attached thereto or painted or represented thereon, which shall be used to attract attention to any object, product, place, activity, person, institution, organization or business or which shall display or include any letter, word, model, banner, flag, pennant, insignia device or representation used as, or which is in the nature of an announcement, direction or advertisement. For the purpose of this definition, the word "sign" does not include the flag, pennant or insignia of any nation, state, city or other political unit or any political, educational, charitable, philanthropic, civic, professional, • religious or like campaign, drive, movement or event. SIGN, OFF-PREMISES: Any sign unrelated to a business or profession conducted or to a commodity or service sold or offered upon the premises where such sign is located. SIGN, ON-PREMISES: Any sign related to a business or profession conducted or to a commodity or service sold or offered upon the premises where such sign is located. SITE PLANNING: The location of buildings and activities within a physical environment. A site plan includes shapes and location of buildings and structure, circulation and parking layouts, landscaping features and numerous other design factors that relate to the improvement of a parcel of land. SLAUGHTERHOUSE AND MEAT PACKING (COMMERCIAL): A facility which includes a slaughtering, meat canning, curing, smoking, salting, packing, rendering or freezing of meat products or a facility in which meat products are so processed for sale to the public and where the inspection of meat, meat by-products and meat food products are maintained. STABLE, PRIVATE: A detached accessory structure for the keeping of one or more horses, mules or cows owned and used by • occupant of the premises and not for remuneration, hire or sale. STABLE, RIDING: A structure used or designed for the boarding or care of riding horses. ME3 11-2 (21) • STANDARD SPECIFICATIONS: The specifications as specified in this Title and as officially adopted by the City. STATE: The State of Idaho. STOCKYARD OR FEED LOT (COMMERCIAL): An enclosure where fowls or animals are kept in a restricted area and where less than ten percent (10~) of the feed for such poultry or livestock is produced by the owner on his immediate, owned farm or leased property. STORY: That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level (directly above a basement, cellar or unused under-floor space) is more than six feet (6') above grade (as defined herein) for more than fifty percent (50~) of the total perimeter or is more than twelve feet (12') above grade as defined herein at any point, such basement, cellar or unused under-floor space shall be considered as a story. STREET: A right of way which provides vehicular and pedestrian access to adjacent properties. The term "street" also includes • the terms highway, thoroughfare, parkway, road, route, avenue, boulevard, lane, place and other such terms. STREET, HALF: A portion of the width of a street, usually along the edge of a subdivision or development, where the remaining portion of the street could be provided in another subdivision or development. STREET LINE: A line separating an abutting lot, or parcel, from a street. STREET, PROPOSED: The undedicated portion of a street alignment, or proposed widening of an existing street as proposed on the Ada County Major Thoroughfares Plan, or any State or Federal highway, the alignment of which is officially approved. STREET, URBAN SYSTEM: Are the asterisks necessary in subsections A through D below? If so, is there an explanation for their use? Response: Retain asterisks and provide explanation , Retain asterisks with no explanation Omit all asterisks • *A. Principal Arterials: Should carry the major portion of trips entering and leaving the urban area as well as the majority of the through- trips desiring to bypass the central City. In addition, significant inter-area travel (such as between central business districts and ~.-~ - ME3 11-2 (22) • outlying residential areas, between major inner city communities, or between major suburban centers) should be served by this class of facilities. *B. Minor Arterials: That which interconnects with, and augments, the urban principal arterial system and which provides service to trips of moderate length at a somewhat lower level of travel mobility than major arterials. Minor arterials place more emphasis on land access than the higher, principal arterial system. *C. Collector Streets: That which provides both land access, service and traffic circulation within residential neighborhoods, commercial and industrial areas. Collectors also collect traffic from local streets in residential neighborhoods and channel it into the arterial system. *D. Local Streets: That which comprises all facilities not on the other of the higher systems. Local streets serve primarily to • provide direct access to abutting land and access to the higher order system. Examples of local streets are "alleys" (which provide secondary access at the back or side of a property otherwise abutting a street); "loopstreets" (a minor street with both terminal points on the same street or origin); "cul-de-sac" (a street connected to another street at one end only and provided with a turnaround space at its terminus); "partial street" (a dedicated right of way providing only a portion of the required street width, usually along the edge of a subdivision or tract of land); and "private street" (a parcel of land providing vehicular and pedestrian access to adjacent properties from a publicly dedicated right of way and which is recorded in the Ada County Recorder's office as a perpetual easement to the property owners taking access therefrom or the ownership of which is vested in the property owners taking access therefrom). All private street access must be approved by the Council. Another local street which is utilized often by a city is "frontage road". It is a local, auxiliary road to, and located on the side of, an arterial highway for service to abutting property and adjacent areas and for control access to the property adjoining the highway, and to maintain circulation of traffic on each side of the highway. ME3 11-2 (23) • STREET, RURAL SYSTEM: Same question as above regarding asterisks. Response: Retain asterisks and provide explanation , Retain asterisks with no explanation Omit all asterisks *A. Principal Arterial: A connected rural network of continuous routes which serves corridor movements having trip length and travel density characteristics indicative of substantial statewide or interstate travel. *B. Minor Arterial: In conjunction with the principal arterial system, the minor arterial road system forms a rural network. Major characteristics of the system are to link cities, larger towns and provide inter-county service. These routes are designed to provide for relatively high overall travel speeds, with minimum interference to through movement. *C. Major Collector Roads: That which provides service to any county seat not on an arterial • route and links these places with nearby larger towns or cities or with routes of higher classification. Major collectors serve the more important intra-county travel corridors. *D. Minor Collector Roads: That which collects traffic from local roads and brings developed areas within a reasonable distance of a collector road. Minor collector roads provide service to the remaining smaller communities. *E. Local Roads: That which provides access to adjacent land and provides service to travel over relatively short distances. * The functional street classification definitions are summarized descriptions of the functional street guidelines that are used by the Federal Highway Administration. STRIP, COMMERCIAL AND INDUSTRIAL: A development pattern characterized by lots in a continuous manner fronting on streets and resulting in numerous access points to the street. STRIP ZONING: Zoning usually found along a major roadway which • is developed simply as a pattern following the outline of the road and without foundation in the comprehensive study or in fact. STRUCTURAL ALTERATION: Any change in the structural members of a building such as walls, columns, beams or girders. ME3 • • 11-2 (24) STRUCTURE: Anything constructed or erected in which the use requires permanent location on the ground or attachment to something having a permanent location on the ground. Among other things, structures include buildings, mobile homes, walls and billboards. Fences shall be deemed a structure. Public utility power poles shall not be deemed a structure. SUBDIVIDER OR DEVELOPER: The person who executes an application or initiates proceedings for the subdivision of land in accordance with the provisions of this Title. He need not be the owner of the property; however, he shall be an agent of the owner or have sufficient proprietary rights in the property to represent the owner and his acts, and representations shall be binding upon the owner. SUBDIVISION: The result of an act of dividing an original lot, tract or parcel of land into two (2) or more parts. The term "subdivision" shall also include the dedication of a public street and the addition to, or creation of, a cemetery. However, this Title shall not apply to any of the following: A. An allocation of land in the settlement of an estate of a decedent or a court decree for the distribution of property; B. The unwilling sale of land as a result of legal condemnation as defined and allowed in the Idaho Code; C. The widening of existing streets to conform to the Meridian Comprehensive Plan; D. The acquisition of street rights of way by a public agency in conformance with the Meridian Comprehensive Plan; and E. The exchange of land for the purpose of straightening property boundaries which does not result in the change of the present land usage. SUPPLY YARDS: A commercial establishment storing and offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain and similar goods. SURVEYOR: A person qualified by reason of his knowledge of the principles of surveying acquired by education and experience, and who is authorized by the laws of the State of Idaho to practice land surveying. See Idaho Code section 54-1202(f). • TOWNHOUSE OR ROW HOUSE: A row of two (2) or more attached single-family dwellings. Each dwelling is built with similar architectural treatment, is separated by vertical divisions by party or lot line walls, and each has private entrances (usually front and rear). ME3 11-2 (25) • TRAILER, RECREATIONAL VEHICLE AND MOTOR HOME: Any vehicle or structure constructed in such a manner as to permit occupancy thereof as living quarters or the conduct of any business, trade, occupation, or use as a selling or advertising device or use for storage or conveyance for tools, equipment or machinery and so designed that it is or may be mounted on wheels and used as a conveyance on highways and streets and propelled or drawn by its own or other motor power. TRANSITIONAL USE: A use of land designed to serve as a buffer between conflicting land uses such as single-family residential uses and commercial or industrial uses or between residential uses and heavily traveled traffic arterials. Uses designated as transitional uses in each particular district are deemed to be those which are more or less compatible to the conflicting uses. TRIP GENERATION: An element of a traffic volume survey which indicates the number of automobile, bus, pedestrian or bicycle trips produced or generated in a specific area or by a specific use. As an example, an office building generates "x" number of trips to work by its employees and "x" number of trips home from work. TRUCK STOP: A service station or commercial enterprise using • the premises primarily to sell and supply motor fuel, lubricating oils and greases to on-premises trade including large trucks as well as automobiles and including the sale of tires, batteries, automotive accessories, related services, major and minor motor vehicle repairs as well as special services to operators and drivers of trucks operating on an interstate basis. UNDEVELOPED AREA: That portion of a development which is left unimproved or a parcel of land which is unimproved. URBAN SERVICES: According to this Title, urban services shall include, but not be limited to, the following where applicable: Municipal central sewer and water facilities; pedestrian walkways and bicycle paths; open space; parks; recreation lands; police and fire protection; public transit; schools; libraries; storm drainage; and urban standard streets and roads. URBAN SPRAWL: Scattered development which is not contiguous to the urbanized part of a municipality. Sprawl is characterized by significant amounts of vacant land intermixed with parcels of urban development and with formless dispersal of a congested urban area with little or no regard for the interrelationships of such factors as transportation, • employment, health and recreational needs. USE: The specific purposes for which land or a building is designated, arranged, intended or for which it is or may be occupied, maintained, let or leased. ME3 11-2 (26) • VARIANCE: A variance is a modification of the requirements of this Title as to lot size, lot coverage, width, depth, front yard, side yard, rear yard, setbacks, parking space, height of buildings or other provisions of this Title. A variance shall not be considered a right or special privilege, but may be granted to an applicant only upon a showing of undue hardship because of the characteristics of the site and that the variance is not in conflict with the public interest. VEHICLE: Every device in, upon or by which any person or property is or may be transported or drawn upon a public highway or street excepting devices moved exclusively by human power or used exclusively upon stationary rails or tracts. VESTED RIGHTS: Vested rights, if properly used, refer to rights which have been accrued to an individual as a result of a condition which has existed for a period of time. A vested right is one in which the individual cannot be denied rights that may have existed to him. VETERINARY, ANIMAL HOSPITAL OR CLINIC: A place used for the care, grooming, diagnosis and treatment of sick, ailing, infirm or injured animals and those who are in need of medical or surgical attention and may include overnight accommodations on the premises for the treatment, observation or • recuperation. It may also include boarding that is incidental to the primary activity. VICINITY MAP: A drawing which sets forth by dimensions or other means the relationship of the proposed development to other nearby developments, landmarks or community facilities and services within the general area in order to better locate and orient the area in question. WALKWAY: A public way for pedestrian use only, whether or not along the side of the road. WET LINE SEWER: Sewer lines which are connected to a Municipal wastewater treatment facility as per City specifications. YARD: A required open space, other than a court, unoccupied and unobstructed by a structure or portion of a structure from three feet (3') above the general ground level of the graded lot upward; provided, that accessories, ornaments and furniture may be permitted in any yard and subject to height limitations and requirements limiting obstruction of visibility. (For illustration, see Section 11-20-1 of this Title.) A. Front Yard: A • lines across the front lot line to building. yard extending between side lot front of a lot and from the the front of the principal B. Rear Yard: A yard extending between side lot lines across the rear of a lot and from the rear ME3 11-2 (27) • lot line to the rear of the principal building. C. Interior Side Yard: A yard extending from the principal building to the side lot line on both sides of the principal building between the lines establishing the front and rear yards. D. Street Side Yard: A yard extending from the principal building to the secondary street that adjoins the lot between the lines establishing the front and rear yards. E. Court Yard: See Court. F. Transitional Yard: A yard which serves as a buffer between conflicting land uses such as between single-family residential uses and commercial or industrial uses or between residential uses and heavily traveled traffic arterials. Transitional yards are deemed to be an open space which is between those uses which are more or less compatible. ZERO LOT LINE: A building design which allows for a dwelling to be built to the side lot line and which may include an • easement to a neighboring lot for the purpose of upkeep and maintenance of each dwelling. Zero lot line developments can be either dwelling units detached or attached. ZONING MAP: The graphic depiction of the zones or districts within the City limits of Meridian. The map includes: A. An indication of the boundaries of each of the districts; B. A legend identifying each of the districts; C. Identification names of streets, streams and other places; D. Dimensions indicating the boundaries between districts. The zoning map is to be adopted as a legal part of an Ordinance and designated as the Official Zoning Map of the City. ZONING PERMIT: A document issued by the Administrator authorizing the uses of land and structures, and the characteristics of the uses. • ZONING POLICY: The policy as adopted by the governing body of the City of Meridian and which is the underlying, fundamental basis for this Title; that is, the Zoning and Development Ordinance of the City of Meridian. (Ord. 430, 4-2-1984; amd. Ord. 456, 9-3-1985; Ord. 496, 9-6-1988; Ord. 557, 10-1-1991; ME3 i Ord. 592, 11-17-1992) !DEFEND! n U 11-2 (28) • ME3 11-3 (1) • CHAPTER 3 ADMINISTRATION; PENALTY AND ENFORCEMENT SECTION: 11-3-1: Administrative Officials 11-3-2: Administrator 11-3-3: Planning And Zoning Commission 11-3-4: City Council Duties 11-3-5: Building Inspector Duties 11-3-6: Fee For Copies Of Zoning And Development Ordinance 11-3-7: Conflict Of Interest 11-3-8: Penalty Imposed; Civil Action !2R! 11-3-1: ADMINISTRATIVE OFFICIALS: For the purpose of carrying out the provisions of this Title, an Administrator and Commission is hereby created and the administration of this Title is hereby vested in the following: Administrator Building Inspector • Planning and Zoning Commission City Council (Ord. 430, 4-2-1984) 11-3-2: ADMINISTRATOR: A. Appointment: The Commission or designated member of the City staff shall be appointed by the Mayor and confirmed by the majority vote of the City Council. B. Administrative Appeals: The Council shall hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation or determination made by the Administrator, Inspector or the Commission. C. Duties: The Administrator or designated staff shall administer and enforce this Title and fulfill all duties imposed by law including, but not limited to: 1. Receive application and distribute to proper authorities; 2. Notify the news media regarding matters of public interest; 3. Issue zoning permits, occupancy permits, certificates of • zoning compliance; notifications and care for similar administrative duties; 4. Investigate all violations of this Title, and notify in writing the person responsible for such violation(s), and order the action necessary to correct such violation(s); and ME3 11-3 (2) • 5. Assist the Commission and Council in carrying out the provisions of this Title. (Ord. 430, 4-2-1984) 11-3-3: PLANNING AND ZONING COMMISSION: Statute authority, I.C. 5 67-6504. A. Membership; Term; Qualifications: The Commission shall consist of five (5) voting members. They shall be appointed by the Mayor and confirmed by majority vote of the Council for terms of six (6) years. An appointed member of the Commission must have resided in the County five (5) years and in the City for one year prior to his appointment, and must remain a resident of the City during his service on the Commission. Except that at least one but not more than two (2) members may be appointed from residents of the City impact area, outside the corporate limits. Such members shall have similar residence requirements as those within the City, except that they need not have resided in the City for one year and need not be a resident of the City. Members of the Commission shall be selected without respect to political affiliations and shall serve without compensation. Members may be removed for cause by a majority vote of the Council. • I.C. § 67-6504(a) states a minimum residency in the County of two (2) years is required. Does the City wish to retain its five (5) year requirement? Response: Yes No , Change as follows: B. Organization: The Commission shall elect a chairman and create and fill any other office that it may deem necessary. A Commission may establish subcommittees, citizen advisory committees, hearing examiners or neighborhood groups to advise and assist in carrying out the responsibilities. A Commission may appoint nonvoting ex officio advisors as may be deemed necessary. Pursuant to Idaho Code section 67-6520, the Commission may appoint hearing examiners for hearing applications for subdivision and variance permits, and requests for zoning district boundary changes which are in accordance with the Plan, and conduct all other business in accordance with Idaho Code section 67-6520. (Ord. 557, 10-1-1991) C. Rules, Records And Meetings: 1. Adoption Of Bylaws: Written organization papers or bylaws consistent with this Title and other laws of the State for the transaction of business of the Commission may be adopted. 2. Records: A record of meetings, hearings, resolutions, 11-3 (3) ME3 . studies, findings, permits and actions taken shall be maintained. 3. Meetings: 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. (Ord. 592, 11-17-1992) D. Expenditures And Staff: With approval of the Council, the Commission may receive and expend funds, goods and services from the Federal government or agencies and instrumentalities of State or local governments or from civic and private sources and may contract with these entities and provide information and reports as necessary to secure aid. Expenditures by a Commission shall be within the amounts appropriated by the Council. Within such limits, any Commission is authorized to hire employees and technical advisors including, but not limited to, planners, engineers, architects and legal assistants. E. Duties: For the purpose of this Title, the Commission shall have the following duties: 1. Initiate proposed amendments to this Title and conduct an • annual review of the complete Title; 2. Review all proposed amendments to this Title, and make recommendations to the Council; and 3. Review all subdivisions and planned developments (PD, contract zoning applications, zoning applications, annexation applications and conditional use), and make recommendations to the Council. (Ord. 430, 4-2-1984) 11-3-4: CITY COUNCIL DUTIES: For the purpose of this Title, the City Council shall have the following duties: A. Hear And Decide Appeals: The Council shall hear and decide appeals where it is alleged there is an error in an order, requirement, decision, interpretation or determination made by the Administrator, Commission or Building Inspector. B. Broad Representation On Commission: The Council creating the Commission shall provide that the area and interests within its jurisdiction are broadly represented on the Commission. • C. Appoint Hearing Examiners: Pursuant to Idaho Code section 67-6520, the Council may appoint hearing examiners for hearing applications for subdivision and variance permits, and request for zoning district boundary changes which are in accordance with the Plan, and conduct all other business in accordance ME3 11-3 (4) • with Idaho Code section 67-6520. D. Other Duties: The Council shall perform such other duties as set forth herein. (Ord. 557, 10-1-1991) 11-3-5: BUILDING INSPECTOR DUTIES: The Building Inspector shall inspect residential, commercial, industrial buildings or structures and projects for compliance with building codes, ordinances, zoning and safety requirements and perform other related duties as assigned. (Ord. 430, 4-2-1984) 11-3-6: FEE FOR COPIES OF ZONING AND DEVELOPMENT ORDINANCE: The Zoning Ordinance and the Subdivision and Development Ordinance (Titles 11 and 12 of the City Code) are voluminous. At least three (3) copies of the Zoning Ordinance and the Subdivision Ordinance shall be maintained in the office of the City Clerk for review. Anyone shall be provided a copy of the Zoning Ordinance and The Subdivision Ordinance upon payment of a fee of fifteen dollars ($15.00). (Ord. 521, 10-17-1989) • Is the fee curreat? Response: Yes No Change as follows: 11-3-7: CONFLICT OF INTEREST: Any member or employee of the City Council or Commission shall not participate in any proceeding or action when the member, employee, his employer, business partner, business associate or any person related to him by affinity or next of kin within the second degree has an economic interest in the procedure or action. Any actual or potential interest in any proceeding shall be disclosed at or before any meeting at which the action is being heard or considered. A knowing violation of this Section shall be a misdemeanor. (Ord. 430, 4-2-1984) 11-3-8: PENALTY IMPOSED; CIVIL ACTION: A. Misdemeanor Penalty; Institute Civil Action: Pursuant to • Idaho Code section 67-6527, a violation of this Title is hereby declared to be a misdemeanor and the violator may be punished as provided in Section 1-4-1 of this Code. In addition, whenever it appears to the City Council that any person has engaged or is about to engage in any act or practice violating any provision of this Title, the City ME3 11-3 (5) • Council may institute a civil action in the District Court to enforce compliance with this Title. Upon a showing that a person has engaged or is about to engage in an act or practice constituting a violation of this Title, 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. (Ord. 592, 11-17-1992; 1997 Code) B. Additional Penalty; Subdivision And Development Regulations: In addition to the above penalties for violation of this Title, the City may also enforce the provisions of this Title with the enforcement and penalty provisions of the Subdivision and Development Title contained in Section 12-2-5 of this Code. (Ord. 592, 11-17-1992) • • ME3 11-4 (1) • CHAPTER 4 GENERAL PROVISIONS SECTION: 11-4-1: Interpretation 11-4-2: Scope Of Regulations 11-4-3: Use And Bulk Regulations 11-4-4: Lot Coverage 11-4-5: Lot Area And Dimension 11-4-6: Access To Public Street 11-4-7: Number Of Buildings On Lot 11-4-8: Existing Conditional Uses 11-4-9: Modification Or Amendment Of Applications Or Uses !2R! 11-4-1: INTERPRETATION: A. Minimum Requirements: The provisions herein shall be held to be the minimum requirements for the promotion of the public health, safety, morals and welfare. B. Relationship With Other Laws: Where the conditions imposed by any provision herein upon the use of land or buildings or • upon the bulk of restrictive than provision herein or regulation of restrictive or w shall govern. buildings are either more restrictive or less comparable conditions imposed by any other or any other law, ordinance, resolution, rule any kind, the regulations which are more rich impose higher standards or requirements C. Effect On Existing Agreements: This Title is not intended to nullify any easement, covenant or any other private agreement; provided, that where the regulations of this Title are more restrictive or impose higher standards or requirements than such easement, covenant or other private agreement, the requirements herein shall govern. (Ord. 430, 4-2-1984) 11-4-2: SCOPE OF REGULATIONS: A. Changes In Structure Or Use: Within the corporate limits of the City, except as may otherwise be provided in this Title, 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. • B. Nonconforming Buildings, Structures And Uses: Buildings, lands, uses or structures which are nonconforming uses lose their status as nonconforming uses when ownership, or legal or equitable interest, is conveyed, transferred, or deeded, such that the owner of the nonconforming use at the time that the ME3 11-4 (2) • nonconforming status was initially determined to be a valid nonconforming use no longer resides in or on the land or structure. This Section means that grandfather rights' may not be transferred. C. Building 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 Title, 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 Title. (Ord. 430, 4-2-1984) 11-4-3: USE AND BULK REGULATIONS: A. 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 Title shall be only by variance. B. Bulk: All new buildings and structures shall conform to the regulations established herein for the district in which each building shall be located except as otherwise permitted in this Title by variance. (Ord. 430, 4-2-1984) 11-4-4: LOT COVERAGE: A. 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. B. Division Of Lots: No improved lot shall hereafter be 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. C. 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 ME3 11-4 (3) • group except as permitted in an approved planned development (PD) (Ord. 430, 4-2-1984) 11-4-5: 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. (Ord. 430, 4-2-1984) 11-4-6: 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. (Ord. 430, 4-2-1984) 11-4-7: 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. (Ord. 430, 4-2-1984) 11-4-8: EXISTING CONDITIONAL USES: 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 Title, it shall be considered a legal conditional use without further action of the Commission or Council. (Ord. 430, 4-2-1984) 11-4-9: MODIFICATION OR AMENDMENT OF APPLICATIONS OR USES: A. Application In Process: 1. Notice Of Hearing Not Mailed: If notice of hearing has not been mailed or published, the applicant may make such changes as the applicant deems appropriate. The original schedule of hearings, however, may not be capable of being met. No additional fees shall be required. 2. Notice Of Hearing Mailed: If notice of hearing has been • mailed or published and the applicant desires to amend, modify, or alter the application or any of the included designs, improvements, drawings, specifications, etc., the applicant shall first discuss the change with the Zoning Administrator. If, in the sole discretion of the Zoning Administrator, the changes do not substantially affect the ME3 11-4 (4) • interests of those persons entitled to notice by mail, the Zoning Administrator may allow the changes to be made without requiring that the application be refiled and re-noticed. Alterations, amendments, or modifications that increase the amount of land or change the zoning district, the use of the property, the density, increase the impact on surrounding property, etc., shall be considered as substantial changes and shall require the application to be refiled and re-noticed. If the application does not need to be refiled or re-noticed, no additional filing fees shall be required. If the application is required to be re-noticed, additional fees for re-mailing and republication shall be required. If the application is required to be refiled, an additional filing fee shall be required. (Ord. 430, 4-2-1984) B. Approved Application Or Use: All applications for amendment, alteration or modification of an approved 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. (Ord. 592, 11-17-1992) ~J • ME3 • CHAPTER 5 • NONCONFORMING BUILDINGS, STRUCTURES AND USES SECTION: 11-5-1: Intent 11-5-2: Avoidance Of Undue Hardship 11-5-3: Single Nonconforming Lots Of Record 11-5-4: Nonconforming Lots Of Record In Combination 11-5-5: Continuation Of Nonconforming Use 11-5-6: Repairs And Maintenance 11-5-7: Uses Under Conditional Use Provisions !2R! 11-5-1: INTENT: 11-5 (1) It is the intent of this Title to permit conforming uses. All applications for the enlargement, expansion, extension of nonconforming uses or all applications for the addition of other structures or uses prohibited elsewhere in the same district shall be subject to the conditional use procedures of Chapter 17 of this Title. (Ord. 430, 4-2-1984) 11-5-2: AVOIDANCE OF UNDUE HARDSHIP: To avoid undue hardship, nothing in this Title shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption of this Title, April 2, 1984, and upon which actual building construction has been carried on diligently. (Ord. 430, 4-2-1984) 11-5-3: SINGLE NONCONFORMING LOTS OF RECORD: In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record (see definition of "lot of record" in Section 11-2-2 of this Title) at the effective date of adoption of this Title, April 2, 1984, notwithstanding limitations imposed by other provisions of this Title. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district; provided, that yard dimensions and requirements other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. (Ord. 557, 10-1-1991) 11-5-4: NONCONFORMING LOTS OF RECORD IN COMBINATION: ME3 11-5 (2) • If two (2) or more lots or a combination of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage of the Ordinance codified in this Title, all reasonable attempts shall be made to meet the requirements of this Title prior to the issuance of a building permit for any one of the lots. However, in no event shall the City require the replatting of said combination of lots so that the requirements of this Title can be met. It is the intent of this Section to try to have existing recorded platted lots meet the requirements of this Title, but in the event such is not possible or reasonable or creates a hardship, those lots may still be issued a building permit; provided, however, that said lots met the requirements of the subdivision and zoning ordinances of the City at the time they were platted and recorded. (Ord. 430, 4-2-1984) 11-5-5: CONTINUATION OF NONCONFORMING USE: If a lawful use involving individual structures, or of a structure and land in combination, exists at the effective date of adoption or amendment of this Title that would not be allowed in the district under the terms of this Title, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions: • A. Alteration: No existing structure (devoted to a use not permitted by this Title in the district in which it is located) may be enlarged, extended, constructed, reconstructed, moved or structurally altered except by conditional use and except where the use of the structure changes to a use permitted in the district in which it is located; B. Extension: A nonconforming use shall be extended to occupy any additional land area only as an application shall be submitted to the Commission and in accordance with the conditional use procedures of Chapter 17 of this Title; C. Permitted Use Substituted For Nonconforming Use: When a permitted use is substituted for a nonconforming use concerning any structure or structure and land in combination, the use shall thereafter conform to the regulations of the district, and the nonconforming use may not thereafter be resumed; D. Abandonment Of Nonconforming Use: When a nonconforming use of a structure, or structure and land in combination, is discontinued or abandoned for more than one year (except when government action impedes access to the premises), the • structure, or structure and land in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located; and E. Structure And Land In Combination: Where nonconforming use applies to a structure and land in combination, removal or ME3 11-5 (3) • destruction of the structure shall not eliminate the nonconforming status of the land. (Ord. 430, 4-2-1984) 11-5-6: REPAIRS AND MAINTENANCE: On any nonconforming structure, or portion of a structure containing a nonconforming use, work may be done on ordinary repairs or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing. The existing cubic content of a nonconforming structure or portion of a structure containing a nonconforming use shall not be increased before an application shall be submitted to the Commission and in accord with the conditional use procedures of Chapter 17 of this Title. (Ord. 430, 4-2-1984) 11-5-7: USES UNDER CONDITIONAL USE PROVISIONS: Any use which is permitted as a conditional use in a district under the terms of this Title shall not be deemed a nonconforming use in such district, but shall, without further action, be considered a conforming use. (Ord. 430, 4-2-1984) • • ME3 11-6 (1) • CHAPTER 6 ZONING DISTRICT MAP AND DISTRICTS SECTION: 11-6-1: Zoning District Map; Boundaries 11-6-2: Compliance With Zoning District Regulations 11-6-3: Official Schedule Of District Regulations Adopted 11-6-4: Uses Not Specifically Permitted Or Listed In Districts !2R! 11-6-1: ZONING DISTRICT MAP; BOUNDARIES: The districts established in this Title as shown on the Official Zoning Map, together with all explanatory matter thereon, are hereby adopted as part of this Title. Where uncertainty exists with respect to the boundaries of any of the zoning districts as shown on the Official Zoning Map, the following shall apply: A. Where district boundaries are indicated as approximately following the center line of street lines, highway right-of-way lines, streams, lakes or other bodies of water, the center line shall be construed to be such boundary; B. Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries; C. Where district boundaries are so indicated that they are approximately parallel to the center lines or street lines of streets, or the center lines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Official Zoning Map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the Official Zoning Map; and D. Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of said railroad line. (Ord. 430, 4-2-1984) 11-6-2: COMPLIANCE WITH ZONING DISTRICT REGULATIONS: The regulations for each district set forth by this Title shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter • provided: A. No building, structure or land shall be used or occupied and no building or structure or part thereof shall be erected, constructed, reconstructed, moved or structurally altered except in conformity with all of the regulations herein ME3 11-6 (2) • specified for the district in which it is located; B. No building or other structure shall be erected or altered: 1. To provide for greater height or bulk; 2. To accommodate or house a greater number of families; 3. To occupy a greater percentage of lot area; or (Ord. 430, 4-2-1984) 4. To have narrower or smaller rear yards, front yards, side yards or other open spaces; and (Ord. 557, 10-1-1991) C. No yard or lot existing at the time Ordinance codified in this Title shall or area below the minimum requirements or lots created after the effective da meet at least the minimum requirements 430, 4-2-1984) of passage of the be reduced in dimension set forth herein. Yards to of this Title shall set forth herein. (Ord. 11-6-3: OFFICIAL SCHEDULE OF DISTRICT REGULATIONS ADOPTED: A. Compliance with Regulations: District regulations shall be as set forth in the "Zoning Schedule of Use Control", and "Zoning Schedule of Bulk and Coverage Controls", and "Performance Standards for District Uses" of this Titles. B. Land Use Groups: The districts of the City are divided into three (3) land use groups: residential, commercial and industrial. When several combined land uses exist, or are proposed, the most intensive land use shall be considered as the primary activity. (Ord. 557, 10-1-1991) 11-6-4: USES NOT SPECIFICALLY PERMITTED OR LISTED IN DISTRICTS: A. Conditional Uses: When a use is not specifically listed as a permitted use, such use shall be hereby expressly prohibited unless by application and authorization (as provided for under conditional use) it is determined that said use is similar to and compatible with listed permitted uses. Such uses may then be permitted as conditional uses. B. Former Ordinances: Conflict between district regulations in former ordinances whether primary or conditional. Any legal use in effect prior to enactment of the Ordinance codified in this Title shall be deemed valid for any development plan or • conditional use permit approved prior to said enactment, and said approval shall remain valid until the normal expiration date of said approval and/or extension thereof. (Ord. 430, 4-2-1984) 1. See Chapters 8, 9 and 12 of this Title. ME3 11-6 (3) C. Old Town District: It is to be noted that all uses in the Old Town District have been stated as conditional uses. However, many and varying uses presently exist in Old Town which may be maintained and new uses of the same or similar nature on the same parcel of property may not need to obtain a conditional use permit for that new use. The Zoning Administrator will provide a statement, if requested, that a conditional use need be obtained or need not be obtained. He may also refer the request to the City Council. (Ord. 456, 9-3-1985) • ME3 11-7 (1) • CHAPTER 7 ZONING DISTRICTS; ESTABLISHMENT AND PURPOSE SECTION: 11-7-1: Intent 11-7-2: Zoning Districts !2R! 11-7-1: INTENT: The following districts are hereby established. For the interpretation of this Title, the zoning districts have been formulated to realize the general purposes as set forth in this Title. In addition, the specific purpose of each zoning district shall be as stated. (Ord. 430, 4-2-1984) 11-7-2: ZONING DISTRICTS: A. (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 predominantly 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 nonresidential 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. B. (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 predominantly 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 nonresidential 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. C. (R-4) Low Density Residential District: Only single-family dwellings 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 predominantly 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 nonresidential 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 ME3 • City. 11-7 (2) D. (R-8) Medium Density Residential District: The purpose of the (R-8) District is to permit the establishment of single- and two-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-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems of the City is required. E. (R-15) Medium High Density 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. The predominant housing types in this District will be patio homes, zero lot line single-family dwellings, townhouses, apartment buildings and condominiums. • F. (R-40) High Density 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 is required. G. (L-0) Limited Office District: The purpose of the (L-0) 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-0 District is designed to act as a buffer between other more intense nonresidential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal water and sewer system of the City is a requirement in this District. H. (C-N) Neighborhood 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 transportation arterial or collectors, be connected to the Municipal water and sewer systems of the City, and shall not constitute all or any part of a strip development concept. ME3 11-7 (3) • I. (C-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 with 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. J. (RSC) Regional Shopping Center Business District: The purpose of the (RSC) District is to provide for and 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. K. (C-G) General Retail And Service Commercial District: 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, and shall not constitute strip commercial development and encourage clustering of commercial development. L. (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 to encourage its renewal, revitalization and growth as the public, quasi-public, 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. 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. ME3 11-7 (4) • M. (TE) Technical District: 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 establishments 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 suited 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 nonresidential areas to major highways and thoroughfares. It must also be in such proximity to ensure connection to the Municipal water and sewer systems of the City 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. • N. (I-L) Light Industrial District: 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 development because of location, topography, existing facilities and relationship to other land uses. This District must also be in such proximity to ensure connection to the Municipal water and sewer systems of the City. Uses incompatible with light industry are not permitted, and strip development is prohibited. O. (M) Mineral Extracting And Processing 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 noncompatible 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 extraction, 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 ME3 11-7 (5) • District must connect to City water and sewer. P. (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.) Q. (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. R. (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. 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. Uses in this Zone must be approved under the design review process. S. (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 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 must be approved under the conditional use process. (Ord. 592, 11-17-1992) J ME3 • CHAPTER 8 ZONING SCHEDULE OF USE CONTROL SECTION: 11-8-1: Zoning Schedule Of Use Control !2R! 11-8-1: ZONING SCHEDULE OF USE CONTROL: 11-8 (1) See the following pages of this Chapter for the "Zoning Schedule of Use Control" table. n U • C~ • ~I U Q F- J 0 H Z 0 U w LL W J W U Z Z ~/7 W m ~ Z Q r J 'O G R a _O d d U N C d .y d .D d c c (tl a m N ~> L 0 N N d U U d Q ~ N ~ N ~ ~ lR N 'O C +~ d O ~~ C ~ a d U u II II Q acid • r1 LJ J F.. Z U w w O w J W U Z Z O N ~~ U Q F W W Z Q J (6 V C R c 71 L O C t3 N Y C N m N Ol c_ a .~ Vl d Q1 d c .~ N ~ N N ~ ~ ~ "O C N O C ~ o av dU • r 1 L J • O F Z O U w LL W J W 2 U Z Z O N co U F- U W Z J N C m U N U a N N m `o m `o 0 (0 J C d d O N 7 N a ~c a a~ c c a m N N ~ ~ ~ N O E 'O C aU aU m N O N d V Q 3 rq d ttl ] N N CL '`-" C ~~ rn `m `" a °' O II II Q ~ ao IlE;_.a_. • r U Q F- J H z 0 U W LL W J W 2 U Z_ Z ~ 0 W N ~ ao ~ z r J f0 C O N U d 0 (0 O N W O> r r N Of W W m W U ctl W m N ~ N ~ ~ 4l ~ ~ C d O ~ m ~ V ~ C '7 N O a v .o u O .~ n a v • • U H J Q F- Z O U W LL W J D W 2 U Z Z ~ O w N ~ _ ~ ~ ~ z a r J d s O a C (6 N T O VI O O a m d C U d E _NT cf5 d L c N E a .~ v w d N U x N v d iC U a m W d N N ~ ~ ~ "O C N O E c dU aU J • n U J H Z U W 7 LL 0 W J W 2 U Z_ Z O N ao ~I U F- D W Z J OD r n r Oi V 'O 0 N c0 rn ai rn v O d d h w ~ ~ ~ d O E ~O c aU av ME3 11-8 (2) • D. Livestock And Poultry Prohibited: Within any of the zoning districts of the City, it shall be unlawful to use the land for the keeping or housing of poultry or livestock. All poultry or livestock presently kept or maintained prior to the passage of the Ordinance codified in this subsection shall be allowed to continue until the property that they are kept on or maintained on ceases to be used for such purposes for a period in excess of one year and after that one year, poultry or livestock may not again be able to be kept or maintained on that property; provided, that said property was being legally used to keep or maintain poultry or livestock prior to adoption of the Ordinance codified in this Title; and, provided, however, that property presently or subsequently zoned for the use of meat or poultry processing shall be allowed to keep or maintain poultry or livestock. (Ord. 524, 4-3-1990) n U ME3 • CHAPTER 9 ZONING SCHEDULE OF BULK AND COVERAGE CONTROLS SECTION: 11-9-1: Zoning Schedule Of Bulk And Coverage Controls 11-9-2: Supplemental Yard And Height Regulations 11-9-3: Site Planning Review 11-9-4: Accessory Use Provisions !2R! 11-9-1: ZONING SCHEDULE OF BULK AND COVERAGE CONTROLS: 11-9 (1) See following page for "Zoning Schedule Of Bulk and Coverage Controls" table. l J • • • J p ¢ F- Z O U W Q ¢ W J p U Z Q Y J m LL p W J 0 W 2 U Z_ Z O E ~ ~ R C ~ ~ ~ ~ LL O O m r L j ~N E_ ~ R _ m \° 0 O C J - R ~ ~U d d Z W W ¢_ p W ¢ Y U Q a0 W ¢ } N 'p ~ ~ N N N 0 .~ C ~ ~ M r v N O N N h ` " C m d ¢ in ip in C vN vv ~ N ~ A 0 0 0 0 W N N M N M N J E N N N 7 ~ N N E d 0 0 0 0 0 0 C Q O O O~ ~ N CO CV ao a co v N N M a O o ¢ ¢ ¢ aE Z_ do Amy 3 U ~ C m ~ r Q Q Q Q W>~ ~ inZZ Z Z ~ v u~i ~ d 1° y « a a~ci o O E.° o m m w y W W m ~ N M C ~ `m O V V MM V a~ O~dD ~ ~« N n = c ~ d N o « m a O 0 3 ~ m C p~ ~ ° N O O O O O O O O n t c o ~nnnr~r~ <°nr m,~= o t o "' N r a m o ~ m « m C m ~ O) ° m 5 y o + r N m ~ m A 0 O O H O O O O m m y m~ N N NN OOOM MMM ~ m T ~,~ E o a m o a 3 d L m o a p, c o U N L O~ V ~ m ~ a m ~ ° m O` ~ a m am y ~ o m n c c ~ O N~OOOp_ N OO ~ y `m a m N m ro d N m w E ~ a ~ m °' ~ m E ~ w a c~ d ~ c o v m ~ cc b ~n o iq ~ 'o a .r ~ `* r N N 0 0 0~ N O r E ~ n~ o ~O `o r m E ~ H ~ O ~C j 6 N U ~ ro d ~~ m ° `° ~ a r N m °y d x m `m O OOOIN 1f7 InO Oin inp a d a ` N N M N r N r~ C M M f0 N ~ d c 0 O N Q U C ._ Y N m m m~ a :• m ¢ m ~ E v a° 3 y N m N fA U~ ~ c_ C ui ~ y N d m 0- Q d d d~ O N U d U C E ~' N n m N N~ tp U U N a N m 3 c N E C N Oi ~N Obi O D O a Q Q ~ V U a 0 y N d O ~ a0 n~ aOD N m ~' ro c ~E o m c E a m H m~ .fir N m ~ m m U~ m° 0 N U C> O W ~ 7p ZUC7~F <~iq mt~'-a¢O~ o ~,o ME3 11-9 (2) • 11-9-2: SUPPLEMENTAL YARD AND HEIGHT REGULATIONS: In addition to all yard regulations specified in the Zoning Schedule of Bulk and Coverage Controls and in other sections of this Title, the following provisions shall be adhered to: A. Visibility At Intersections: On a corner lot in any district, nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision. (See Figure in Section 11-20-2 of this Title for illustration.) B. Yard Requirements For Multi-Family Dwellings: Multi-family dwellings shall be considered as one building for the purpose of determining front, side and rear yard requirements. The entire group as a unit shall require one front, one rear and two (2) side yards as specified for dwellings in the appropriate district. C. Requirements For Nonresidential Uses Abutting Residential Districts: Screening and/or other buffer requirements, as stipulated by the Commission or Council, shall be provided. Said screening at a height of six feet (6'), maintained in good condition and free of all advertising or other signs; for screening required for parking areas, see subsection 11-13-4B of this Title. (Ord. 430, 4-2-1984) • D. Architectural Projections: Open structures such as porches, canopies, balconies, platforms, carports, covered patios, chimney and similar architectural projections shall be considered parts of the building to which it is attached and shall not project into the required minimum front, side or rear yard. (Ord. 557, 10-1-1991) E. Exceptions To Height Regulations: The height limitations contained in the Zoning Schedule of Bulk and Coverage Controls do not apply to spires, belfries, cupolas, pole antennas, water tanks, public utility power poles, ventilators, chimneys or other appurtenances usually required to be placed above the level and not intended for human occupancy except where height of such structures will constitute a hazard to the safe landing and take-off of aircraft at an established airport. (Ord. 430, 4-2-1984) 11-9-3: SITE PLANNING REVIEW: In addition to any other requirements contained in this Zoning Title or in the Subdivision Title (Title 12 of this Code), the City in its discretion may require, as a condition of approval, that any use, development or construction have the • plans, design, plat, specifications, drawings, actual construction, landscaping, etc., reviewed and approved by the City. The purpose of this review is to ensure that development and construction occurs as it is represented it will occur. Any violations of the representations or conditions of approval shall be violations of this Title or the Subdivision ME3 11-9 (3) • Title (Title 12 of this Code). (Ord. 456, 9-3-1985) 11-9-4: ACCESSORY USE PROVISIONS: A. Accessory Use Review Process: The Zoning Administrator shall make the initial determination as to whether a building, structure or use is accessory to a principal permitted use, and may issue zoning certificates for those which are determined to be accessory and which otherwise comply with this Section. 1. Accessory Determination Factors: The accessory determination shall be based upon the relationship of the building, structure or use to the principal permitted use. Specifically, it must be habitually or commonly established as reasonably incidental to the principal permitted use and located and conducted on the same premises as the principal permitted use. In determining whether it is necessary, the following factors shall be used: a. The size of the lot in question; b. The nature of the principal permitted use; • c. The use made of adjacent lots; d. The actual incidence of similar use in the area; e. The potential for adverse impact on adjacent property; and f. The applicant must be the owner of the property under consideration and the user of the accessory use. 2. Family Child Care Homes And Home Occupations: Family child care homes and home occupations may be considered to be permissible accessory uses in the R-4 and R-8 Residential Districts if they are approved after applying the following additional review procedures and the applicable accessory use standards of subsection B of this Section: a. Notice of the application shall be mailed by certified return receipt mail to owners of property which abut the external lot or boundary lines of the property under consideration. Properties across a street or alley or kitty corner to the subject property shall be deemed abutting properties. Fifteen (15) days from the date of publication referenced in subsection Alb below shall be allowed for response to • said notice. b. Notice of the application shall be published in the Valley News for two (2) consecutive weeks and fifteen (15) days after first publication shall be allowed for comments. ME3 11-9 (4) • c. The applicant shall be required to pay any additional sewer, water and trash charges or fees, if any are required. (Ord. 496, 9-6-1988) d. The use shall be considered as a commercial use. e. Pay the fee of eighty dollars ($80.00). (Ord. 557, 10-1-1991) Is fee current? Response: Yes No Change as follows: f. If there is an objection to the proposed use filed within the time for response, a hearing, after notice, shall be held by the Planning and Zoning Commission, which may grant or deny the application after making findings of fact. Any aggrieved party may appeal the decision to the City Council within thirty (30) days of the Commission's decision and if not so appealed the decision shall be final. (Ord. 496, 9-6-1988) • g. If there are no objections filed within the time for filing the same, the Zoning Administrator may grant the request. (Ord. 557, 10-1-1991) 3. Group Child Care Homes And Child Care Centers: Group child care homes and child care centers are not accessory uses and are regulated as conditional uses. (See Chapter 17 of this Title for conditional use procedures.) B. Accessory Use Standards: 1. Accessory Buildings Standards: a. All parts of an accessory building shall be located within the lot of ownership. Where an alley has been vacated permitted uses may be located at the center line of such alley, provided: (1) Proof of ownership is established; (2) Disclaimer by the City of any utility easements; and (3) Written disclaimer by all utility companies waiving use of the portion of alley to be improved by a structure. • b. No accessory building or structure shall be constructed on any lot prior to the start of construction of the principal building to which it is accessory. c. An accessory building may be erected detached from the principal building, or it may be connected thereto by a ME3 11-9 (5) • breezeway or similar structure. No accessory building shall be erected in any required court, or in any required yard other than a rear yard, except that where the natural grade of a lot at the front line of the principal building is such as to result in a driveway having a grade of ten percent (10~) or greater, a private garage may be erected within the front yard, but not within fifteen feet (15') of any street line. d. No accessory building or structure shall occupy more than forty percent (40~) of the area of a required rear yard. e. If not in a rear yard, an accessory building shall be connected with the principal building to which it is accessory, and shall be so placed as to meet all yard and court requirements for a principal building including height and other dimensions. f. If located in a rear yard, both detached and connected accessory buildings shall be subject to the requirements set forth in the following subsections: (1) The height shall not exceed fifteen feet (15'). (2) No detached accessory building shall occupy any portion of the front yard setback for a lot with a nonresidential zone, • if such lot has a common lot line to another lot zoned residential. (3) Underground fallout shelters may be located within five feet (5') of any property line and shall be exempt from maximum lot coverage requirements. (4) No part of an accessory building on a corner lot located within twenty five feet (25') of an adjacent residentially zoned lot (either directly or across an alley) shall be nearer to such adjacent lot than the least depth of the existing front yard or required street side yard for a building on such adjacent lot, nor shall an accessory building project into the side or front yard for the principal building to which it is accessory. (5) Coverage of rear yard by accessory buildings shall not exceed twenty five percent (25~). (6) No accessory building or portion thereof located in a required rear yard shall exceed fifteen feet (15') in height. 2. Family Child Care Home Standards: It is the intent of this provision to provide for accessory family child care homes which will not adversely impact surrounding properties due to • children's noise, traffic and other activities, and which are located away from and properly screened from adverse impacts to the health, safety and welfare of the children. The following conditions shall apply: a. Secure and maintain a child care license from the Idaho ME3 11-9 (6) • State Department of Health and Welfare, Child Care Licensing Division, if required. b. Acquire an occupancy certificate and/or building permit. c. Provide one off-street parking space per employee which may be the driveway to the home. d. Provide for child pick-up area located off of arterial or collector streets. e. Provide for screening of adjacent properties to protect children from adverse impacts and to provide a buffer between properties. f. Provide for a fence of appropriate height/construction, to enclose play areas, protecting children from traffic on arterial or collector streets. Violation of any of the above conditions shall be cause to revoke a zoning certificate for a family child care home. 3. Home Occupation Standards: It is the intent of this provision to permit home occupations in residential dwellings • which do not change the appearance of the residence nor the condition of its residential character. The following conditions shall apply: a. No persons other than members of the family residing on the premises shall be engaged in such occupation. b. The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants and not more than twenty five percent (25~) of floor area of the dwelling unit shall be used in the conduct of the home occupation. c. No article shall be sold or offered for sale on the premises except such as is produced by the occupants on the premises and no mechanical or electrical equipment shall be installed or maintained other than such as is customarily incidental to domestic use. d. No significant traffic shall be generated by such home occupation, and any need for parking generated by the conduct of such home occupation shall meet the off-street parking requirements as specified in this Title and shall not be located in a required front yard. • e. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odor, or electrical interference detectable to the normal senses off the lot if the occupation is conducted in a single-family residence or outside the dwelling unit if conducted in other than a single-family residence. • • ME3 11-9 (7) f. In no way shall the appearance of the residence be altered nor the occupation be conducted in a manner which would cause the premises to differ from its residential character in the use of construction, lighting, signs and in the emission of noise, fumes, odors, vibrations or electrical interference. Violation of any of the above conditions shall be cause to revoke a zoning certificate for a home occupation. (Ord. 496, 9-6-1988) • ME3 11-10 (1) • CHAPTER 10 RESIDENTIAL HOUSING STANDARDS SECTION: 11-10-1: Compliance With Standards And Regulations 11-10-2: Compatibility With Existing Or Proposed Development 11-10-3: Design Review 11-10-4: Single-Family Detached Housing Square Footage 11-10-5: Minimum House Sizes 11-10-6: Garages 11-10-7: Duplex Minimum Size And Garage Requirements 11-10-8: Manufactured Housing !2R! 11-10-1: COMPLIANCE WITH STANDARDS AND REGULATIONS: All new residential housing built in the City 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; and see the Subdivision Title (Title 12 of this Code). (Ord. 592, 11-17-1992) r L 11-10-2: COMPATIBILITY WITH EXISTING OR PROPOSED DEVELOPMENTS: All new residential housing developments in the City shall be designed to ensure compatibility with adjacent existing and/or proposed developments. (Ord. 592, 11-17-1992) 11-10-3: DESIGN REVIEW: All new residential housing developments in Meridian shall be subject to design review to ensure 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. (Ord. 592, 11-17-1992) 11-10-4: SINGLE-FAMILY DETACHED HOUSING SQUARE FOOTAGE: A. Zones R-2, R-3 And R-4: 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). B. Zones R-8 And R-15: All new single-family detached housing ME3 11-10 (2) • 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 (2) zone districts 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: 1. 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; 2. Ten percent (10g) 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; 3. 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 (1,101) square feet and one thousand two hundred • (1,200) square feet; 4. 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; 5. 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. C. Houses Uniformly Interspersed Throughout Development: 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. D. Multi-Story Houses In Residential Districts: 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. (Ord. 592, 11-17-1992) 11-10-5: MINIMUM HOUSE SIZES: • A. Shown On Plat: 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. ME3 11-10 (3) • B. Prior Plat Approval; Amended Plat: Prior to the enactment of Ordinance 383 on January 5, 1981, most residential developments and plats were approved by the City 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 the 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 B shall only apply in the R-8 and R-15 Zones. • C. Exception: The requirements of Section 11-10-4 of this Chapter shall not apply to any residential housing development that was not initially restricted to a minimum house size. (Ord. 592, 11-17-1992) 11-10-6: GARAGES: All single-family detached housing units shall have a garage capable of housing at least two (2) standard size automobiles, at a minimum. (Ord. 592, 11-17-1992) 11-10-7: 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. (Ord. 592, 11-17-1992) 11-10-8: MANUFACTURED HOUSING: • Statute authority, I.C. 5 67-6509A. A copy of said statute follows this Chapter (on yellow sheets) for the City's review and comparison with this Section. The intent of this Section is to establish standards and regulations governing the location and approval of ME3 11-10 (4) • • manufactured housing in the City 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 lots in some residential zoning districts. A. Compliance With Development Standards: Manufactured homes shall be considered single-family dwellings within the R-8, R-15, R-40 and Old Town Zoning Districts of this Zoning Title, provided such structures meet the development standards for manufactured homes on individual lots (subsection B hereof). B. Development Standards: 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') 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 ensure 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 the zoning district in which the manufactured home is located, such as lot size and setback requirements. 8. Shall comply with the floodplain provisions of this Zoning Title relating to the location of mobile homes in floodplain areas and any other applicable requirement of this Zoning Title. 9. Shall have a garage that can house two (2) standard size automobiles, and which garage is not used to determine the size of the manufactured house to meet the minimum square footage of one thousand (1,000) square feet. ME3 11-10 (5) C. Accessory Structures: 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 application 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 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 B1 through B6 hereof have been met, as certified in the signed application form. E. Taxation As For Real Property: 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. (Ord. 592, 11-17-1992) C 588 public hearing in whic8 be heard. At least fifteen tnd place and a summary the official newspaper o< tn. The commission shall io and television stations announcement. Notice of l be sent to all political ~g jurisdiction, including to the public hearing emission hearing, if the lrther notice and hearing the plan with its recom- hearings, findings made, ndment, or tepee: of the Sing the same notice and ing board shall nct hold nor take action upon the one have been received governing board, if the Ilan, further notice and rd adopts the plan. volution or ordinance by ~cf a plan may Iw for in sections rich shall be on file with n absence of a commis• any time. The commis• le governing board cwt t errors in the original t conditions in the area. 2 Cher ordinances sutha- me. [LC., § 67-6509. as ,~ 39, § 3, p. 830.1 latioa Prohibited. s clearly intended that tea n # comprehensive pleas e- d - atricts and adoPC amsa :+ x ezercited emludr+b ~ rpslative or tovernuK µ to specific prescribed pe! ; . rmprehensivenasadsswit to lesves no room for dlwA .tore through an outlalM litiative through wbidc ~ diaanm esubludtirK asw ' wtl la 00aalee e~ / areas g pct of 1975 and vas ~ v CicY of Casur 7 . ,,. r 589 IACAL. I.kttH t>'~ FhifNfiIF~# 67.8if09A i Idahoel6,. e81 P.2d 1214 (1988) w.te ttrs poedbk ettmot of • aoecia* law Votl~ 8wtalrsrrats: BtoP~T rtphtl.. the utb~n K tdam " ~.... ~ ~ 'tb~ b°' when sonini ~ ~ a-f io ~ -ApNb - ~ i ebatKa thsawed urr .y,eemer do eatbgr 1'1~ reF psecei of propveljt avd w1alMls ~ _ _ ~=~mM ~''ritd~ki - ~ ` ; 't --. - otditlaace ragttirad dN r'e :tom ~aeerav t:s>t ex tri. >!8. a4 t~'tsp 2~lla~tray, I38ldvho ~i. T9d1 Ail dept plan atld a tlsrratlva state t, t~ttq" 9 .were to have !leas satlmit~i wiW lt- acion a it is note t (they be Ii is a ere ptinrlgk that notice and -. each as the data - b~[ rsQ ' coning enabling acts provided at some later of the publu tr .Johnson ¢ City d are c~ditione precedent '• Homedal 286. 798 B.9d ,16Y (Ct. ewaftlteae~agaa .2 e: ~ 1 Nhen a skatuta taQalea nattalc+md 98I ` 1y00R .) ~ ~, ';' J s7.a~n. 8ltlat; a! ~ ~~ ' sraw ;., 1 ' Plan to be amended. ~.. (3) fhl or 'boibra 3mly 1, 1'996, blf `oe~tnante adopted, amestded or repealed in accordance with the notice and hearing procedures provided Hader section ti7.8l309, Idaho-Cale, each governing board shall emend its t:omprehensive plan aced land'use reguiationa for all land soned for airtgle~family reaidentiel uses, escept for lands falling within an area defined as a histm'ic t~btrict uadsr ase#aas 87-4t~7, Idalm Cads;;ta allow for siting of manu&cduied hOVaes as in ee6~ima: S>Iv4l:(!d(~~; _ ; Idaho Code. (2) Manufatatvrerl homes oa~ ~:B~t d r ,?"'reeit+. dential uses as provided to ~ ~ ~ttl'" ea dtdt~l#sa~ 1 to meaufacturetl ht ~ lots withln mOb17e home parka ~ I martufactnred home subdivisi~s. (3) This section shall not be construed as abrogating a recorded restric- dve coveilaat. (4) A governing beard-may adopt any. or ail of the fi>ltovririg plaeenteat standards, or any lees redtris~vp ~,.~.the s~ aE s cured homes donated outsdde aMobita a ta) The manufacturedhams'kh~til~ttatu ,.egad sapaat~af ` not leas than One C~ir) ew~nta'>'l"r ~ ,' tb) The maaufitetured bongs shall be placed on act aleeaaatAd and t backfilled t'onon and ealttosed at the perimeter such that the home is located not more than tvrelvo (12)int3tee above grade; (c1 The maaufitchugd home shall have a pitched roof, except that no standards shall require a slope of greater than a nomirtal three !3) feels=in height e~lr each twelve cis) r t-m wlt~h; (d) The n~anufittxttrad Noma have ~ a aaslxoofing wh4~ in t'~or material and ae ~~ m >= g~ roofifing material oommsnly ,used on dwal" witttia Hu community or whiOh i8 tmmp~rable to the pinant materiatla uwd al nrrrottndiAB dwellittas as b7 the lolls! permit apprevai au- thority; . (e) TISe lttattufachlred Noma glwli have A gs~ga~r'sarpart like materials. A Ong 're`'tt~ad su' detail Bmrage In lleu of a carpezt is v~lth t13e p G, 'nnstrucpron o€lmtnadiately ~ I. i; -L ~ < ., . .•. ~~w•~na~..war aeKa roef~tb1se141d v..,~ww.vo> y.evsuwq~ 8gittale6; d~aar~Ly df structures. All ataitdn throughout: esch distr from those in aapthas (a~ ~`wt~ fOR' AA tha ~ragl2aaC CO QtiOT'LQd• L! +~ ]t class ~r.kind bfbsitdiag~ one (S) dzatrieti may dilFet b4 aASe7a~~yd-'~y}E~o~k~es: ve, ~ .-iii Y~ R" T YYllt!'pi ahs~~s~i. ' _ ~;~ 2bs f ME3 • • CHAPTER 11 FLOODPLAIN OVERLAY DISTRICT (FP) SECTION: 11-11-1: Purpose 11-11-2: Uses 11-11-3: Special Uses 11-11-4: Conditions 11-11-5: Storage Of Materials And Equipment 11-11-6: Other Considerations 11-11-7: Nonliability Clause 11-11-8: Restrictions 11-11-9: Prohibited Uses !2R! 11-11-1: PURPOSE: 11-11 (1) The purpose of the FP District is to guide development in the floodway and floodway fringe areas of any watercourse that flood flows, and to minimize the expense and inconveniences to the individual property owners and the general public through flooding. Uses permitted and conditional uses that are authorized in this District are generally associated with open space, recreational and agricultural land uses and shall not hinder the movement of flood waters. The FP District is superimposed over other districts. (Ord. 430, 4-2-1984) 11-11-2: USES: All uses are permitted in the respective districts with which the FP District is combined with the exception that structures used in carrying out those permitted activities must be approved by the Commission and the City Council under the special use permit procedure and deemed appropriate to be located within the floodway or floodway fringe. (Ord. 430, 4-2-1984) 11-11-3: SPECIAL USES: When authorized under the procedure provided for special uses in this Title, the following uses will be permitted in a Floodplain Overlay Zone: A. Structures used in carrying out permitted provided detailed engineering data is suppli applicant who bears the burden of proof that can be located in areas of plateaus, benches fills or can be otherwise elevated so as not flood waters; provided, that: activities, =_d by the such structures or upon manmade to be affected by 1. Sewer and water systems shall be floodproofed and approved by the District Health Department of the Department of Health ME3 11-11 (2) and Welfare that has jurisdiction; and 2. No building or structure shall be erected and no existing building or structure shall be extended or moved unless the main floor of said building or structure is placed a minimum of one foot (1') above the elevation of the 100-year flood level. No basement floor shall be below this one foot (1') safety margin. Foundations of all structures shall be designed and constructed to withstand flood conditions at the site; and 3. The applicant will provide an engineer's certification that the above requirements have been fulfilled. B. Other structures used in carrying out permitted activities, provided such structures will not be subject to substantial flood damage and will not increase flood-related damages on other lands. These may include structures which can be readily removed from flood hazard areas during periods of high water. (Ord. 430, 4-2-1984) 11-11-4: CONDITIONS: Conditions that may be required by the Commission in approving • the use of structures in a Floodplain Overlay Zone shall include: A. Limitations on periods of use and operation; B. Imposition of deed restrictions; C. Location and arrangement of structures within the floodway and floodway fringe areas to avoid an increase in flood heights during the recurrence of the 100-year flood discharge; D. Requirement for construction of channel modifications, dikes, levees and other protective measures; E. Placement of survey bench marks; and F. Floodproofing measures designed to be consistent with flood protection elevation for a particular area: 1. Anchorage to resist flotation, collapse and lateral movement; 2. Installation of watertight doors, bulkheads and shutters; 3. Reinforcement of walls to resist water pressures; 4. Use of paints, membranes or mortars to reduce seepage of water through walls; 5. Addition of mass or weight to structures to resist flotation; ME3 n LJ 11-11 (3) 6. Installation of pumps to lower water levels in structures; 7. Construction of on-site water supply and waste treatment systems to minimize or eliminate infiltration of flood waters into the system and discharges from the system into flood waters; 8. Pumping facilities for subsurface external foundation wall and basement flood pressures; 9. Construction to resist rupture or collapse caused by water pressure or floating debris; 10. Cut-off valves on sewage lines or the elimination of gravity flow basement drains; and 11. Location of on-site waste disposal systems so as to avoid impairment of them or contamination from them during flooding. (Ord. 430, 4-2-1984) 11-11-5: STORAGE OF MATERIALS AND EQUIPMENT: Materials that are buoyant, flammable, obnoxious, toxic or • otherwise injurious to persons or property if transported by flood waters are prohibited. Storage of materials and equipment not having these characteristics is permissible only if the materials and equipment have low damage potential and are anchored or are readily removable from the area within the time available after forecasting and warning. (Ord. 430, 4-2-1984) Should the word "obnoxious" be changed to "noxious"? Response: Yes No Change as follows: 11-11-6: OTHER CONSIDERATIONS: The evaluation of the effect on a proposed use in the floodway and floodway fringe areas causing increases in flood heights is based not just on the effect of the single use acting alone, but upon the reasonable assumption that other landowners within the floodplain may need to be allowed to develop to an equivalent extent within the floodway and, therefore, the accumulative effects of all such encroachments must be considered by the Commission in making any decision. • (Ord. 430, 4-2-1984) 11-11-7: NONLIABILITY CLAUSE: The granting of approval of any structure or use shall not ME3 11-11 (4) • constitute a representation, guarantee or warranty of any kind or nature of the City governing body or the Commission, or by any officer or employee thereof, of the practicality or safety of any structure or use proposed and shall create no liability upon or cause action against such public body, officer or employee for any damage that may result pursuant thereto. (Ord. 430, 4-2-1984) 11-11-8: RESTRICTIONS: Restrictions regarding height, rear yards, side yards, front yard setback, minimum lot area, signs, vision clearance and parking space shall be the same as set forth in each specific district located within the Floodplain Overlay Zone area. (Ord. 430, 4-2-1984) 11-11-9: PROHIBITED USES: It shall be unlawful to erect, alter, maintain or establish in a Floodplain Overlay Zone any building, use or occupancy not permitted or allowed in the foregoing provisions, except existing, nonconforming uses may continue as herein provided. • (Ord. 430, 4-2-1984) n LJ ~., ME3 • CHAPTER 12 PERFORMANCE STANDARDS FOR DISTRICT USES SECTION: 11-12-1: General Provisions 11-12-2: Commercial And Industrial Uses 11-12-3: Unique Land Uses !2R! 11-12-1: GENERAL PROVISIONS: 11-12 (1) In addition to all other regulations as specified in this Title, the following provisions shall be adhered to: A. Conversion Of Dwellings To More Units: A residence may not be converted to accommodate an increased number of dwelling units unless: 1. The yard dimensions still meet the yard dimensions required by the regulations of this Title for new structures in that district; • 2. The lot area per dwelling unit equals the lot area requirements for new structures in that district; 3. The floor area per dwelling unit is not reduced to less than that which is required for new construction in that district; and 4. The conversion is in compliance with all other relevant codes and ordinances. B. Temporary Buildings: Temporary buildings, construction trailers, equipment, and materials used in conjunction with construction work may be permitted only in any district during the period the construction work is in progress; however, such temporary facilities shall be removed upon completion of the construction work. Storage of such facilities or equipment beyond the completion date of the project shall require a certificate of zoning compliance authorized by the Administrator. C. Required Trash Areas: All trash and/or garbage collection areas for commercial, industrial, and multi-family residential uses shall be enclosed on at least three (3) sides by a solid wall or fence of at least four feet (4') in height or within an enclosed building or structure. Adequate vehicular access to and from such area or areas for collection of trash or • garbage as determined by the Administrator shall be provided. (Ord. 430, 4-2-1984) 11-12-2: COMMERCIAL AND INDUSTRIAL USES: ME3 11-12 (2) • A. No land or building in any district shall be used or occupied in any manner creating dangerous, injurious, noxious, or otherwise objectionable conditions which could adversely affect the surrounding areas or adjoining premises except that any use permitted by this Title may be undertaken and maintained if acceptable measures and safeguards to reduce dangerous and objectionable conditions to acceptable limits as established by the following performance requirements: 1. Fire Hazards: Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate firefighting and fire-prevention equipment and by such safety devices as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved as specified in the Uniform Fire Code and the National Safety Foundation publications. 2. Radioactivity Or Electrical Disturbances: No activity shall emit harmful radioactivity at any point adversely affecting the operation of any equipment at any point other than that of the creator of such disturbance. 3. Noise: Objectionable noise which is due to volume, • frequency, or beat shall be muffled or otherwise controlled. Air-raid sirens and related apparatus used solely for public purposes are exempt from this requirement. 4. Vibration: No vibration shall be permitted which is discernible without instruments on an adjoining lot or property. 5. Air Pollution: Air pollution shall be subject to the requirements and regulations established by the Health Authorities. 6. Glare: No direct or reflected glare shall be permitted which is visible from any property outside an industrial district or from any street. 7. Erosion: No erosion by man, wind, or water shall be permitted which will carry objectionable substances onto neighboring properties. 8. Water Pollution: Water pollution shall be subject to the requirements and regulations established by the Health Authorities. B. Enforcement Provisions: The Administrator, prior to the issuance of a certificate of zoning compliance, may require • the submission of statements and plans indicating the manner in which dangerous and objectionable elements involved in the processing and in equipment operations are to be eliminated or reduced to acceptable limits and tolerances. C. Measurement Procedures: Methods and procedures for the ME3 11-12 (3) • determination of the existence of any dangerous and objectionable elements shall conform to applicable standard measurement procedures published by the American Standards Institute, New York; the Manufacturing Chemists' Association, Inc., Washington, D.C.; the United States Bureau of Mines; and the Health Authority; section 13.03. (Ord. 430, 4-2-1984) Where would one find "section 13.03"? Suggest adding text to clarify. Response: 11-12-3: UNIQUE LAND USES: Certain unique land uses pose special problems that may have detrimental influences on surrounding land uses. The following performance standards for such unique land uses shall be adhered to in addition to all other provisions of this Title: Animal clinic, animal hospital, veterinary office and kennel: • 1. Will be located at least three hundred feet (300') from any residence including motels and hotels except for an owner's residence. The Administrator may modify these requirements if the animals are completely housed in soundproof structures that completely screen them from view of the abutting residential property; and 2. Will comply with all regulations relative to such an operation, and maintain adequate housekeeping practices designed to prevent the creation of a nuisance and to reduce to a minimum the factors of noise and odor. Animal commercial feed lots, meat packing, processing plant and slaughterhouse facilities: 1. Will be located, when housing animals, feed lot, or holding pens, not less than six hundred feet (600') from any residence except for an owner's residence. Such facilities shall have a minimum setback of thirty feet (30') from any property line; 2. Will be designed and located with full consideration to their proximity to adjacent uses, to their effect upon adjacent and surrounding properties, and to the reduction of such nuisance factors as odor; and • 3. Will be adequately maintained with housekeeping practices to prevent the creation of a nuisance, and shall also be subject to the requirements of the Health Authority as to the elimination of waste materials and maintenance of water quality control. ME3 11-12 (4) • Bulk storage of flammable liquids and gases, above ground and for resale: 1. Will be located and constructed according to the regulations of the Uniform Fire Code and Uniform Life Safety Code; 2. Will be erected subject to the approval of the Meridian Fire Chief; and 3. Will have suitable loading and unloading spaces and off-street parking facilities subject to the approval of the Meridian Fire Chief. Chemicals, pesticide and fertilizer storage and manufacturing: 1. Will have adequate fire protection, storage area, handling and disposal as approved by the Meridian Fire Chief; and 2. Will be located and constructed according to the regulations of the Uniform Fire Code and Uniform Life Safety Code. Contractor's yard: • 1. Will be located a minimum distance of three hundred feet (300') from any residence except for an owner's residence; 2. Will have a screening fence around areas utilized for storage of equipment; and 3. Will be limited to storage, maintenance and processing incidental to contracting work. There shall be no general industrial or commercial uses. Drive-in establishment: will avoid the direction of night lighting toward any residence. Drive-in restaurant: 1. Will be enclosed on the property line with landscaping and fencing, except for ingress and egress, to prevent trash from moving onto other properties; 2. Will have a six foot (6') high sight-obscuring fence along the property lines that adjoin a residence; Note that under "Wreckiag Yard", following in this Section, "site-obscuring" is the spelling for above bolded term. For consistency, which does the City prefer? Response: Site-obscuring Sight-obscuring 3. Will provide for adequate trash receptacles; and ME3 11-12 (5) • 4. Will avoid the direction of night lighting toward any residence. Filling, grading, lagooning, dredging or other earth-moving activity: 1. Will result in the smallest amount of bare ground exposed for the shortest time feasible; 2. Will provide temporary ground cover such as mulch; 3. Will use diversions, silting, basins, terraces, and other methods to trap sediment; 4. Will provide lagooning in such a manner as to avoid creation of fish trap conditions; 5. Will not restrict a channel or natural drainageway; 6. Will construct and stabilize sides and bottom of cuts, fills, channels and artificial watercourses to prevent erosion or soil failure; 7. will not have below-grade excavation except for • drainageways within fifty feet (50') of any lot line or public right of way; and 8. Will restore topsoil or loam to a depth of not less than four inches (4"). Gravel pits, rock quarries, sand and clay pits and other natural resources of commercial value: 1. The extent and method of rehabilitation shall be determined in advance of issuing a certificate of zoning compliance, with due consideration given to what is suitable and compatible with surrounding area; 2. Upon depletion of the area, all temporary buildings and structures (except property line fences and structures for the loading, measuring or weighing of salable material in storage) shall be entirely removed from the property; and 3. Safety fencing shall be erected around all pits that create a safety hazard. Outdoor storage of commercial and industrial materials: 1. Will be screened from view from any existing adjoining residence or residentially zoned area whether or not such • property is separated by an alleyway or street; and 2. Will not be located in any front yard setback area. Riding stables and riding schools: ME3 11-12 (6) • 1. Will locate all stables or loafing sheds not nearer than one hundred feet (100') from any residence except for an owner's residence. All facilities shall be set back a distance of thirty feet (30') from any property line; 2. Will be designed and located with full consideration being given to their proximity to adjacent uses and their effect upon adjacent and surrounding properties as to the storage of horse trailers and the factors of noise and odor; and 3. Will require that the owner or operator of such use shall have a continuous obligation to maintain adequate housekeeping practices to prevent the creation of a nuisance. Rifle and pistol range: 1. Will be designed with a backstop or designed to avoid a line of fire that is directed towards any residence or business within one mile; 2. Will incorporate landscaping that is compatible with the surrounding landscaping; and 3. Will provide supervision and security measures during • periods of use. Sanitary landfill: 1. Will conform to time limits for daily operation as defined by the City Council; 2. Will provide a performance bond for privately-owned sites to ensure compliance with the provisions of the certificate of zoning compliance; 3. Will provide for a paved street to the facility; and 4. Will be supervised during the hours of operation. Wrecking yard: 1. Will be completely enclosed by a solid six foot (6') high site-obscuring fence; Is "site-obscuring" the proper spelling? Response: Yes , No , Change as follows: • 2. Will not result in the storage of automobile, junk, or salvage material that is visible from any public right of way; 3. Will not result in storage of automobiles that exceeds the ME3 • height of the fence; and 11-12 (7) 4. Will have such landscaping that is appropriate with the surrounding area. (Ord. 430, 4-2-1984; amd. Ord. 557, 10-1-1991) • • ME3 11-13 (1) • CHAPTER 13 OFF-STREET PARKING AND LOADING FACILITIES SECTION: 11-13-1: General Requirements 11-13-2: Use Of Parking Facilities And Parking 11-13-3: Location Of Off-Street Parking Regulations 11-13-4: Design Standards For Off-Street Parking 11-13-5: Schedule Of Parking Space Requirements 11-13-5-1: Computation Of Parking Space Requirements 11-13-5-2: Parking Space Requirements 11-13-6: Off-Street Loading Requirements !2R! 11-13-1: GENERAL REQUIREMENTS: A. Parking And Loading Spaces Required: No building or structure shall be erected, substantially altered or its use changed unless permanently maintained off-street parking and loading spaces have been provided in accordance with the provisions of this Title. • B. Change of Use: When the intensity of use of any building, structure or premises shall be increased through addition of dwelling units, gross floor area, seating capacity (a horizontal unit of width of 18 inches per seat or other units of measurement specified herein for required parking), or loading facilities, parking and loading facilities as required herein shall be provided for such increase in intensity of use. However, no owner of a building or structure lawfully erected or use lawfully established prior to the effective date of this Title shall be required to provide such additional parking or loading facilities. C. New Use: Whenever the existing use of a building or structure shall hereafter be changed to a new use, parking or loading facilities shall be provided as required for such new use. D. Existing Facilities: Accessory off-street parking or loading facilities that are located on the same lot as the building or use served and that were in existence on the effective date of this Title, or were provided voluntarily after such effective date, shall not thereafter be reduced below or (if already less than) shall not further be reduced below the requirements of this Title for a similar new building or use. • E. Permissive Facilities: Nothing in this Title shall be deemed to prevent the voluntary establishment of off-street parking or loading facilities to serve any existing use of land or buildings; provided, that all regulations herein governing the location, design, improvement and operation of such facilities are adhered to. ME3 11-13 (2) • F. Damage Or Destruction Of Facilities: For any conforming or legally nonconforming building or use which is in existence on the effective date of this Title (which subsequent thereto is damaged or destroyed by fire, collapse, explosion, or other cause and which is reconstructed, reestablished, or repaired), off-street parking and loading facilities shall be provided which are equivalent to any maintained at the time that such damage or destruction is restored or continued in operation. G. Required Submission Of Parking Site Plan: All development applications shall include a site plan (drawn to a minimum scale of one inch equals 50 feet) which is fully dimensioned and shows any parking or loading facilities to be provided in compliance with this Title. Such site plan shall be submitted to the Commission for approval when the required off-street parking is more than six (6) parking spaces and shall indicate ingress and egress to the area and traffic patterns in adjacent streets and alleys and appropriate landscaping. H. Joint Parking Facilities: Off-street parking facilities for different buildings, structures, uses, or for mixed uses may be provided collectively in any district in which separate parking facilities for each constituent use would be permitted; provided, that the total number of spaces so • located together shall not be less than the sum of the separate requirements for each use. (Ord. 430, 4-2-1984) 11-13-2: USE OF PARKING FACILITIES AND PARKING REGULATIONS: A. Facilities Accessory To Residential Structures: Off-street parking facilities accessory to residential use and developed in any residential district in accordance with the requirements of this Section shall be used solely for the parking of vehicles used by occupants of the dwelling structures to which such facilities are accessory. Under no circumstances shall required parking facilities (which are accessory to residential structures) be used for the storage of a commercial vehicle other than that owned by the occupant of the residential lot. Such vehicle shall be parked beyond the front yard setback. B. Vehicles Parked On Public Street: The parking of vehicles on a public street within any district for a period of more than forty eight (48) hours shall be prohibited. C. Parking And Storage Of Certain Vehicles: Automotive vehicles or trailers of any kind or type without current license plates shall not be parked or stored on any residentially-zoned property other than in a completely • enclosed building or carport. However, one boat and one travel trailer may be stored in the side or rear yard. D. Abandoned Or Wrecked Vehicles: See Title 4, Chapter 4 of the City Code. (Ord. 430, 4-2-1984) ME3 11-13 (3) • 11-13-3: LOCATION OF OFF-STREET PARKING: A. Access: Each required off-street parking space shall open directly upon an aisle or driveway of such width and design as to provide safe and efficient means of vehicular access to such parking space and shall conform to the minimum standards as established by the City. All off-street parking facilities shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement. B. Residential Accessory Off-Street Parking: Parking spaces accessory to dwellings shall be located on the same zoning lots as the use served. C. Commercial Accessory Off-Street Parking: All required parking spaces shall be within three hundred feet (300') of the use served. However, no parking spaces accessory to a use in a commercial district shall be located in a residential district except that private, free, off-street parking accessory to such uses as Municipal parking lots may be allowed by conditional use permit in the residential districts and within two hundred feet (200') of and adjacent to any commercial district. • D. Parking In Setback Area: When abutting another commercial use, parking shall be permitted within the setback area. When abutting residential uses, parking shall not be permitted in the setback area. E. Wheel Blocks: Whenever a parking lot extends to a property line, wheel blocks or other suitable devices shall be installed to prevent any part of a parked vehicle from extending beyond the property line. F. Minimum Distance And Setbacks: No part of any parking area for more than ten (10) vehicles shall be closer than twenty feet (20') to any dwelling unit, school, hospital, or other institution for human care located on an adjoining lot unless separated by an acceptably designed screen. If on the same lot with a single-family dwelling, the parking area shall not be located within the front yard required for such building. In no case shall any part of a parking area be closer than four feet (4') to any established street or alley right of way. G. Yard Requirements: Off-street parking spaces in yards shall conform to the following: 1. Front Yards: • a. No parking shall be permitted in a front yard for one- and two-family dwellings; b. Parking is allowed in a front yard on a private driveway serving one-family and two-family dwellings, but three (3) or more family dwellings may have landscaped parking in the front ME3 • yards; 11-13 (4) c. Parking between the front line of any portion of the building and the street shall be limited to private passenger automobile (except as otherwise permitted); d. Concerning front yard parking for multi-family dwelling units, parking spaces shall be twenty five feet (25') in length. 2. Side Yards: Parking is not permitted in any side yard except in Residential Districts of R-4, R-8 and R-15. 3. Rear Yards: In any C District when a rear yard is adjacent to an R District, there shall be no parking in the four feet (4') adjacent thereto. (See screening requirements, subsection 11-13-4B of this Chapter.) (Ord. 430, 4-2-1984) 11-13-4: DESIGN STANDARDS FOR OFF-STREET PARKING: A. Size And Dimension: The size and design of off-street parking shall be in accordance with the standards as shown in subsection F of this Section. (Ord. 430, 4-2-1984) • B. Screening, Landscaping And Drainage: 1. Landscaping: Landscaping shall be required for all off-street parking areas for multi-family residential, commercial, industrial and technical developments. 2. Underground sprinkling systems shall be required to maintain screening, planting strips, and other landscaping. 3. Screening: a. Whenever a commercial off-street parking area is located in or adjacent to a residential district, it shall be effectively screened on all sides which adjoin or face any property used for residential purposes by a wall, fence, or planting screen that is not less than four feet (4') in height plus a planting strip of four feet (4') minimum width or in an alternate arrangement as approved by the Commission. b. Suitable landscaping and ground cover shall be provided and maintained on a continuing basis within the planting strip. Planting screens or hedges shall not exceed two feet (2') in height where location is such that sight lines are necessary for vehicular movement across pedestrianways. • c. At least one tree of not less than three inches (3") diameter size class shall be provided for every one thousand five hundred (1,500) square feet of pavement area. 4. Drainage: A drainage plan designed by an architect or an engineer shall be submitted and required for all off-street • • • ME3 11-13 (5) parking areas and shall be approved by the City Engineer. (Ocd. 557, 10-1-1991) C. Lighting: The illumination of parking lot shall be designed so that the light from lighting fixtures in the parking lot does not reflect direct rays or spill over into adjacent residential districts. A11 parking lot lighting arrangements shall be installed as approved by the City Engineer. The following standards shall apply to all off-street parking lots: 1. All lighting fixtures shall not be placed higher than thirty five feet (35') above the finished grade; 2. Fixtures shall be of the non-spill type and hooded to prevent glare; 3. Candle power per fixture shall be in accordance with the standards established by the City; and 4. Minimum security lighting shall be provided from eleven o'clock (11:00) P.M. to sunrise as approved by the City Engineer. D. Paving: All open off-street parking areas shall be paved in accordance with the standards established by the City. E. Striping: Parking spaces shall be marked with striping which outlines each parking space and designates direction of traffic in access aisles to and from public rights of way. All parking areas with a capacity over twelve (12) vehicles shall he striped with double lines six inches (6") both sides of center between stalls to facilitate the movement into and out of the parking stalls. (Ord. 430, 4-2-1984) F. Off-Street Parking Design And Dimensional Tables: ~ ~ r ~~ ~ ~~ 6_F-~-{ I A I '~ ~ PARALLEL 45° 60° A. Width of parking space 90° 45° 60° 90° Parallel 10' 9' 9' 9' ME3 11-13 (6) u B. Length of parking space 15' 18' 19' 23' C. Width of driveway aisle 13' 17' 25' 12' !SETLRM!!SETFNT!!SETTAB! (Ord. 430, 4-2-84; amd. Ord. 524, 4-3-1990) G. Petition For Compact Space: Upon petition, parking spaces may be allowed to fulfill the above requirements which are classified as compact car parking spaces, and which are so properly designated and which have dimensions of seven and one-half feet (71/Z') width and fifteen foot (15') length. (Ord. 524, 4-3-1990) 11-13-5: SCHEDULE OF PARKING SPACE REQUIREMENTS: 11-13-5-1: COMPUTATION OF PARKING SPACES: When the required number of off-street parking spaces results in a fractional space, any fraction of one-half (1/2) or less may be disregarded, while a fraction in excess of one-half (1/z) shall be counted as one parking space. (Ord. 430, 4-2-1984) 11-13-5-2: PARKING SPACE REQUIREMENTS: For the purpose of this Title, the following parking space requirements shall apply: Type Of Use A. RESIDENTIAL: Boarding or lodging house which has sleeping rooms Hotel or motel Mobile home park and mobile home subdivision Multi-family dwelling with 3 or more dwelling units Parking Space Required 1 for each sleeping room plus 1 space for each employee 1 for each room plus 1 for each 2 employees 2 for each unit plus 1 additional space for each 5 units 2 for each unit Single-family or two-family dwelling • B. COMMERCIAL: Banks, financial institutions and similar uses 2 for each unit 1 for each 200 sq. ft. of gross floor area • ME3 11-13 (7) Clinic (medical, dental, optical) and veterinary animal hospital or clinic 1 for each 200 sq. ft. of gross floor area of examination, treating room, office, and waiting room Department store Drive-in establishment 1 for each 400 sq. ft. of gross floor area 5 reserved spaces per customer service window Mortuaries 1 for every 3 seats, plus 1 parking space for each funeral vehicle kept on the premises • Professional offices Retail stores Sales (automotive, mobile home, travel trailers, farm implements) Service station and motor vehicle repair (major or minor) 1 for each 400 sq. ft. of gross floor area 1 for each 200 sq. ft. of gross floor area '/3 of the sales lot for designated customer parking 2 for each service bay C. COMMUNITY SERVICE USES: Churches and other places of religious assembly 1 for each 5 seats Clubs and lodges Hospitals Libraries, art galleries, and museums 1 for each 300 sq. ft. of floor area 3 for each bed 1 for each 400 sq. ft. of floor area Municipal or privately-owned 1 for each 300 sq. ft. of floor community centers, exhibition area plus spaces adequate in halls, and other places of assembly number as determined by the Commission to serve the public Public service utility 1 for each 600 sq. ft. of floor • area plus 1 for each vehicle used in the conduct of the established utifity Material is missing after word "established" above. Is "utility" the appropriate term to add? • • ME3 11-13 (8) Response: Yes ~ No ~ Change as follows: Sanitariums, convalescent or nursing home, rest home and similar uses School and other Institutional auditoriums D. MANUFACTURING: 1 for each 5 beds 1 for each 4 auditorium seats with adequate spaces for buses in connection with the activity of the institution. All loading and unloading of passengers shall take place upon the premises All types of manufacturing, 1 for every 2 employees on the storage and wholesale uses largest shift for which the permitted in any industrial building is designed plus 1 for district each motor vehicle used in the business Warehouses and storage buildings 1 for each 1,000 sq. ft. of floor area plus 1 for each vehicle used in the conduct of the enterprise E. RECREATION OR ENTERTAINMENT: Bowling alleys 4 for each alley or lane plus 1 additional space for each 100 sq. ft. of the area used for restaurant, cocktail lounge or similar use Outdoor swimming pools, public or community or club 1) 1 for each 5 persons capacity plus 1 for each 4 seats 2) 1 for each 30 sq. ft. floor area used for seating purposes; or n LJ Restaurants, nightclubs, cocktail lounges, and taverns Skating rinks (ice or roller skating) 3) The greater of the above 2 options 1 for each 200 sq. ft. of floor area 1 for each 5 seats ME3 • F CJ G. SCHOOLS (PRIVATE OR PUBLIC): Elementary, intermediate, or junior high school 11-13 (9) 2 parking spaces for each classroom High schools 10 parking spaces for each classroom plus 1 for each 10 seats in an auditorium or gymnasium Nursery school for children, day 1 space for every 10 children care center, and kindergarten plus 1 space per staff member MIXED USES: When 2 or more uses are located on the same zoning lot or within the same building, parking spaces equal in number to the sums of the separate requirements for each such use shall be provided; no parking space or portion thereof shall serve as a required space for more than 1 use unless otherwise authorized by variance as approved by the Commission. H OTHER USES: !SETLRM!!SETFNT!!SETTAB!(Ord 10-1-1991) For uses not listed in this Section, parking spaces shall be provided on the same basis as required for the most similar listed use or as determined by the Commission. 430, 4-2-1984; amd. Ord. 557, 11-13-6: OFF-STREET LOADING REQUIREMENTS: A. Design And Location: The design and location of entrances and exits for required off-street loading areas shall be subject to review of the City Building Inspector. Off-street loading facilities shall not project into the public right of way or setback area. In no case shall the required off-street loading berths be part of the area used to satisfy the off- street parking requirements. • B. Access: Each off-street loading berth shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movements. C. Surfacing: All open off-street loading berths shall be ME3 11-13 (10) • improved in accord with the standards established by the City. D. Maintenance: The owner of property used for loading shall maintain such area in good condition without holes and free of all dust, trash, and other debris. E. Drainage: All loading areas shall provide for proper drainage of surface water to prevent the drainage of such water onto adjacent properties or walkways. F. Lighting: Any loading area which is intended to be used during non-daylight hours shall be properly illuminated to avoid accidents. Any lights used to illuminate a loading area shall be so arranged as to reflect the light away from the adjoining property. (Ord. 430, 4-2-1984) • • ME3 • CHAPTER 14 SIGNS SECTION: 11-14-1: Uniform Sign Code 11-14-2: Supplementary Regulations 11-14-3: Prohibited Signs 11-14-4: Fees !2R! 11-14-1: UNIFORM SIGN CODE: 11-14 (1) The Uniform Sign Code, as published by the International Conference of Building Officials, shall be the guide concerning standards and regulations for all signs within the City, and three (3) copies of the Uniform Sign Code shall be kept and maintained in the office of the Administrator or the City Clerk. (Ord. 430, 4-2-1984) 11-14-2: SUPPLEMENTARY REGULATIONS: Any sign or sign structure located on a commercially zoned lot • which is adjacent to a residentially zoned lot shall be set back so as to meet the side, rear, and front yard setback requirements of said adjoining residential district if such residential setback requirements exceed those of the commercial district. (Ord. 430, 4-2-1984) 11-14-3: PROHIBITED SIGNS: The following activities and types of signs shall be expressly prohibited in all districts except as otherwise provided by this Title: A. The tacking, pasting, or otherwise affixing of signs of a miscellaneous character and visible from a public way and located on the walls of buildings, barns, sheds or on trees, poles, posts, fences, or other structure; B. On-premises business signs that advertise an activity, business, product, or service and which are no longer conducted or available on the premises on which the sign is located; C. Signs placed on any curb, sidewalk, post, pole, electroller, hydrant, bridge, or tree except official public • notices as posted by a public officer; Is bolded word spelled correctly? Response: Yes No Change ae follows: • • • ME3 11-14 (2) D. Signs which are placed in any public right of way except publicly owned signs, traffic-control signals, directional signs, and signs which direct and guide traffic and parking on private property but bear no advertising matter; E. Signs which restrict vision within any public right of way; F. Off-premises signs; and G. Flashing lights or strobe lights of any color. (Ord. 430, 4-2-1984) 11-14-4: FEES: All fees for permitted signs by this Title shall be the same as outlined in the fee schedule for buildings of the Uniform Building Codel. (Ord. 430, 4-2-1984) 1. See Section 10-1-5 of the City Code. ME3 11-15 (1) • CHAPTER 15 ZONING AMENDMENT PROCEDURES SECTION: 11-15--1: General Procedures 11-15--2: Initiation Of Zoning Amendments 11-15--3: Contents Of Zoning Amendment Applications 11-15--4: Transmittal To Commission 11-15--5: Procedures 11-15--6: Transmittal To Council 11-15--7: Appeals Of Commission Or Council Action 11-15--8: Stay Of Proceedings 11-15--9: Notification Of Applicant 11-15-10: Supplementary Conditions And Safeguards 11-15-11: General Standards Applicable To Zoning Amendments 11-15-12: Development Agreement !2R! 11-15-1: GENERAL PROCEDURES: When the public necessity, convenience, general welfare or zoning and development practice require, the City 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, and boundaries or classifications of property as well as the regulations and provisions of this Title. Zoning amendments may consist of text or map revisions. (Ord. 592, 11-17-1992) 11-15-2: INITIATION OF ZONING AMENDMENTS: A. Manner Of Initiating: Zoning amendments to this Title 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. B. Time For Initiating: An applicant requesting a zoning amendment of a parcel may initiate the amendment request at the same time as the development request. (Ord. 592, 11-17-1992) • 11-15-3: CONTENTS OF ZONING AMENDMENT APPLICATIONS: Zoning amendment applications shall contain at least the following information where applicable (application available ME3 11-15 (2) • from Administrator): A. Name, address and phone number of applicant; B. Name, address and phone number of owner of subject property, and proof of title in said owner; C. 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; D. Legal description of property; E. Legal description of all adjoining rights of way, railroads, roadways, highways and easements the full length of the property; F. Present land use; G. Proposed land use; H. Present district; I. Proposed district; • J. Characteristics of subject property which make the zoning amendment desirable; K. Necessity or desirability of development pertaining to the zoning amendment and its harmony with adjacent development; L. One map of scale one inch equals one hundred feet (1" = 100') of the property concerning the zoning amendment; M. Twenty seven (27) copies of a vicinity map of a scale of one inch equals three hundred feet (1" = 300`); N. 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; O. A statement of how the proposed zoning amendment relates to the Meridian Comprehensive Plan; and P. A fee as established by the Council. (Ord. 592, 11-17-1992) 11-15-4: TRANSMITTAL TO COMMISSION: Districts shall be amended in the following manner: A. Evaluation Of Request: Requests for a zoning amendment shall be submitted to the Commission which shall evaluate the ME3 11-15 (3) • request to determine the extent and nature of the said zoning amendment. A. Comprehensive Plan Amendment: 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 Idaho Code chapter 65, title 67 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. (Ord. 592, 11-17-1992) 11-15-5: PROCEDURES: A. Requirements Of Applicant: 1. Provide Names Of Property Owners: 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 the owners of the property as shown by the records of the Ada County Assessor. 2. Posting Of Hearing Notice On Property: One week prior to the hearing set pursuant to subsection B2 of this Section, the 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. B. Requirements Of Commission: Notify Property Owners: a. Time Of Giving Notice: The Commission shall 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. b. Contents Of Notice: 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. c. Publication Of Notice: When notice is required to two hundred (200) or more property owners or residents, in lieu of ME3 11-15 (4) • 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; provided; that, the second notice appears ten (10) days prior to the public hearing. 2. Hearing Notice And Application Summary Publication: Prior to recommending an application, the Commission shall 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. 3. Submit Recommendations To Council: Within forty five (45) days from the hearing, the Commission shall 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 ensure that any approval or approval with conditions of an application shall be in accordance with the Comprehensive Plan, this Title and State . law. (Ord. 592, 11-17-1992) 11-15-6: TRANSMITTAL TO COUNCIL: A. Hearing: The Council shall conduct at least one public hearing following the notice requirements contained in subsection 11-15-5B of this Chapter, and the Council having given notice as required by subsection 11-15-5B1 of this Chapter by ordinary first class mail. B. 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 subsection A of this Section, 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 ensure that said application is in accordance with the Comprehensive Plan, this Title and State law. Said application shall thereafter be made a part of this Title upon preparation and passage of a zoning amendment ordinance. (Ord. ME3 11-15 (5) • 592, 11-17-1992) 11-15-7: APPEALS OF COMMISSION OR COUNCIL ACTION: A. Appeals Of Action Of Commission: Appeals of the action of the Commission concerning the administration of this Title 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 subsection B of this Section. 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. B. Appeals Of Action Of Council: Appeals to the action of the Council concerning the administration of this Title 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 Section 11-15-9 of this Chapter (and after all remedies have been exhausted under this Title), an aggrieved person may seek judicial review of the Council's action under provisions provided by Idaho Code sections 67-5215 (b) through (g) and 67-5216. (Ord. 592, 11-17-1992) The bolded statute sections have been repealed by S.L. 1992, ch. 263, eff. July 1, 1993. If text change is deemed necessary, please provide same. Response: 11-15-8: 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 shall not be stayed other than by a restraining order which may be granted by the Council or by a court based upon an application, with notice showing due cause. (Ord. 592, ME3 11-15 (6) • 11-17-1992) 11-15-9: NOTIFICATION OF APPLICANT: Within ten (10) days after a decision has been rendered by the Council, the Administrator shall communicate to the aggrieved applicant the Council's decision relative to the appeal. (Ord. 592, 11-17-1992) 11-15-10: SUPPLEMENTARY CONDITIONS AND SAFEGUARDS: In granting an appeal, the Council may prescribe appropriate conditions and safeguards in conformity with this Title. 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 Title. (Ord. 592, 11-17-1992) 11-15-11: 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: A. 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; B. Is the area included in the zoning amendment intended to be rezoned in the future; C. 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; D. 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 area being developed in a fashion similar to the proposed rezone area; E. 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; F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; G. Will the area be served adequately by essential public ME3 11-15 (7) • facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer; or will the person responsible for the establishment of the proposed zoning amendment be able to provide adequately any of such services; H. 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; I. Will the proposed uses 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; J. 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; K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and L. Is the proposed zoning amendment in the best interest of the City. (Ord. 592, 11-17-1992) • 11-15-12: DEVELOPMENT AGREEMENT: 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, form, recording, modification, enforcement and termination of commitments. (Ord. 592, 11-17-1992) • ME3 11-16 (1) • CHAPTER 16 ANNEXATION AND ZONING UPON ANNEXATION SECTION: 11-16-1: Recommendation Of Commission; Council Decision Final 11-16-2: Application For Annexation And Zoning 11-16-3: Land Within Meridian Urban Service Planning Area 11-16-4: Commitment Concerning Use Or Development !2R! 11-16-1: RECOMMENDATION OF COMMISSION; COUNCIL DECISION FINAL: Prior to annexation of an unincorporated area, the City 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 Chapter 15 of this Title. Provided, however, that the final decision of the Council shall not be appealable since such decision is a legislative function even though the procedure is designed to be quasi-judicial in nature and provides due process to the applicant. The application for annexation shall include a • request for a zoning designation and, upon annexation, the property shall be zoned; however, procedurally, the property shall be deemed to have been annexed prior to being zoned and for appeal rights, there can be no appeal from the zoning decision if the property is not first annexed. If the annexation shall necessitate an amendment to the Comprehensive Plan, the Commission shall advise the applicant to request a Comprehensive Plan amendment prior to further consideration of the annexation. If the Commission and Council approve an annexation request, the Commission and Council shall ensure that said annexation is in accord with this Title and the Comprehensive Plan. (Ord. 592, 11-17-1992) 11-16-2: APPLICATION FOR ANNEXATION AND ZONING: An application for annexation and zoning shall be on a form similar to a zoning application as set forth in Section 11-15-3 of this Title, 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. (Ord. 592, 11-17-1992) • 11-16-3: LAND WITHIN MERIDIAN URBAN SERVICE PLANNING AREA: No property shall be annexed and zoned if it is 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 ME3 11-16 (2) • Area may be submitted to the City 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. (Ord. 592, 11-17-1992) 11-16-4: COMMITMENT CONCERNING USE OR DEVELOPMENT: A. Commitment Binding On Property Owners: 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 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 . B. Rules Governing Commitments: The City Council is hereby authorized to adopt, by resolution, rules governing the creation, form, recording, modification, enforcement and termination of commitments. (Ord. 592, 11-17-1992) • ME3 11-17 (1) • CHAPTER 17 CONDITIONAL USES SECTION: 11-17-1: Commission Hearings And Recommendations 11-17-2: Contents Of Conditional Use Application 11-17-3: General Standards Applicable To All Conditional Uses 11-17-4: Supplementary Conditions And Safeguards 11-17-5: Procedure For Hearing And Notice 11-17-6: Action By Commission 11-17-7: Action By Council 11-17-8: Conditional Use Permit Transfers 11-17-9: Revocation Of Conditional Use Permits !2R! 11-17-1: COMMISSION HEARINGS AND RECOMMENDATIONS: 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 Title. (Ord. 592, 11-17-1992) n U 11-17-2: 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.) A. Name, address and phone number of applicant. B. Name, address and phone number of owner of subject property. C. Legal description of property. D. Proof of ownership of subject property. E. Description of existing use. F. Present use of subject property. G. Proposed use of the subject property. • H. The district that pertains to the subject property. I. Thirty (30) copies of a vicinity map of a scale of one inch equals three hundred feet (1" = 300'). J. Characteristics of subject property which make a ME3 • conditional use desirable. 11-17 (2) K. A listing 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 a list of all owners within the area being considered for a conditional use. L. A fee established by the Council. M. 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. N. 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. (Ord. 592, 11-17-1992) 11-17-3: 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: A. Will, in fact, constitute a conditional use as determined by City policy; B. Will be harmonious with and in accordance with the Comprehensive Plan and this Title; C. 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; D. Will not be hazardous or disturbing to existing or future neighboring uses; E. Will 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 conditional use shall be able to provide adequately any such services; F. 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; G. 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 ME3 11-17 (3) • excessive production of traffic, noise, smoke, fumes, glare or odors; H. 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 I. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. (Ord. 592, 11-17-1992) 11-17-4: SUPPLEMENTARY CONDITIONS AND SAFEGUARDS: In approving any conditional use, the Commission and Council may prescribe appropriate conditions, bonds and safeguards in conformity with this Title. 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 this Title 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. (Ord. 592, 11-17-1992) • 11-17-5: 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 Chapter 15 of this Title. Provided however, that conditional use applications for land in 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 the Council may approve, deny, or modify the recommendation of the Commission. (Ord. 592, 11-17-1992) 11-17-6: ACTION BY THE COMMISSION: A. Submit Recommendations To Council: 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 ensure that any approval or . approval with conditions of an application shall be in accordance with the Comprehensive Plan, this Title and State law. B. Appeal Commission Action: See Chapter 15 of this Title. (Ord. 592, 11-17-1992) ME3 11-17 (4) • 11-17-7: ACTION BY THE COUNCIL: A. Hearing And Conditions For Grant Of Conditional Use Permit: 1. Hearing: See Chapter 15 of this Title. 2. Conditions: 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 Title. 3. Request For Studies: 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 parcel of land to another. B. Appeal Council Action: For required procedures, see Chapter 15 of this Title. (Ord. 592, 11-17-1992) 11-17-8: CONDITIONAL USE PERMIT TRANSFERS: A. 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 the Zoning Administrator to the Council. • B. 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 conditional use was granted by petitioning the City Council. The City Council shall hold a ME3 11-17 (5) C~ n U 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 feet (300') of the external boundaries of the subject land. (Ord. 592, 11-17-1992) 11-17-9: REVOCATION OF CONDITIONAL USE PERMITS: All conditional use permits are subject to revocation by the City Council. If 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 City shall hold a hearing on the revocation. Fifteen (15) days' prior notice of the hearing shall be given to the permit holder and all property owners within three hundred feet (300') of the boundaries of the land which was issued the permit. The City Council shall make findings of fact 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 fact 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, Idaho Code section 67-5215(b) through (q). (Ord. 592, 11-17-1992) The bolded statute sections have been repealed by S.L. 1992, ch. 263, eff. July 1, 1993. If text change is deemed necessary, please provide same. Response: C 1 ME3 11-18 (1) • CHAPTER 18 VARIANCES SECTION: 11-18-1: Council Authority 11-18-2: Application And Standards For Variances 11-18-3: Findings 11-18-4: Procedures For Hearing And Notice 11-18-5: Action By Council !2R! 11-18-1: COUNCIL AUTHORITY: The City Council may authorize in specific cases a variance from the terms of this Title or from the Subdivision and Development Title (Title 12 of this Code) as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Title would result in unnecessary hardship. No nonconforming use of neighboring lands, structures or buildings in the same district and no permitted or nonconforming use of lands, structures or buildings in other districts shall be considered grounds for issuance of a variance. Variances shall be granted • only where strict application of the provisions of this Title would result in unnecessary hardship. A variance application does not go to the Commission unless directed by the Council. (Ord. 490, 10-20-1987) 11-18-2: APPLICATION AND STANDARDS FOR VARIANCES: A variance from the terms of this Title shall not be granted by the Council unless and until a written application for a variance is submitted to the Administrator and the Council containing, where applicable (application available from Administrator): A. Address of subject property; B. Name, address and phone number of applicant; C. Name, address and phone number of owners of subject property; D. Proof of ownership or valid option on the property or a contract interest therein with consent of the titled owner; E. Legal description of subject property; • F. Present use of subject property; G. What is intended to be done on or with the property; H. The district that pertains to the subject property; ME3 11-18 (2) • I. Vicinity map at a scale approved by the Council showing property lines, existing streets, proposed district and such other items as may be required; J. Schematic building plans which indicate typical elevation and floor plan of any proposed construction; K. A list of the mailing addresses of all property owners (from authentic tax records of Ada County) within three hundred feet (300') of the external boundaries of the land being considered and a listing of the mailing addresses of all property owners within the area of the land being considered; L. Characteristics of subject property which prevent compliance with the requirements of this Title; M. Minimum requirements of this Title that need to be reduced to permit proposed use; N. Difficulty or hardship which would result if requirements of this Title were applied to subject property; O. Unusual or peculiar circumstances which indicate that regulations of this Title should not be strictly complied with; • P. Statement that special conditions and circumstances exist which are peculiar to the land, structure or buildings involved and which are not applicable to other lands, structures or buildings in the same district; Q. Statement that a literal interpretation of the provisions of this Title shall deprive the applicant of rights commonly enjoyed by other properties in the same district under terms of this Title; R. Statement that special conditions or circumstances exist that were not a result of the applicant's action; S. Statement that granting the variance requested shall not confer on the applicant any special privilege that is denied by this Title to other lands, structures or buildings in the same district; T. Relationship of the proposed variance to the Meridian Comprehensive Plan; U. A fee established by the Council; and V. A statement of how the granting of the variance would • convenience the applicant and how the applicant would profit therefrom, which statement shall also represent whether profit and convenience is the sole reason why the variance is requested. (Ord. 430, 4-2-1984; amd. Ord. 490, 10-20-1987; Ord. 557, 10-1-1992) ME3 • 11-18-3: FINDINGS: 11-18 (3) A variance shall not be granted unless (as a result of a public hearing) the Council makes a statement of supportive reasons based directly on the evidence presented to it which supports conclusions that the mentioned standards and conditions of this Title have been met by the applicant and unless all of the following exist. A. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Title would clearly be impracticable or unreasonable. (Ord. 430, 4-2-1984) B. That strict compliance with the requirements of this Title 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 Title unreasonable under the circumstances, or that the conditions and requirements of this Title will result in inhibiting the achievements or the objectives of this Title. (Ord. 592, 11-17-1992) C. That the granting of the specified variance will not be • detrimental to the public's welfare or injurious to other property in the area in which the property is situated. D. That such variance will not have the effect of altering the interest and purpose of this Title and the Meridian Comprehensive Plan. (Ord. 430, 4-2-1984) 11-18-4: PROCEDURES FOR HEARING AND NOTICE: Upon submission of a variance, the applicant and Council shall follow the hearing and notice procedures provided for in Chapter 15 of this Title. It is to be noted that variance application need not go before the Commission unless directed by the Council. (Ord. 430, 4-2-1984) 11-18-5: ACTION BY COUNCIL: A. Council Action: Within forty five (45) days after the hearing, the Council shall approve, approve with conditions, table or deny the application with supportive reasons. The Council shall ensure that any approval or approval with conditions shall be in accord with this Title and the Meridian Comprehensive Plan. • B. Appeal Council Action: See Chapter 15 of this Title. (Ord. 430, 4-2-1984) ME3 CHAPTER 19 CERTIFICATES AND FEES SECTION: 11-19-1: Certificate Of Zoning Compliance 11-19-2: Certificate Of Occupancy 11-19-3: Schedule Of Fees, Charges And Expenses !2R! 11-19-1: CERTIFICATE OF ZONING COMPLIANCE: 11-19 (1) A. Certificate Required: No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure or land be established or changed in use without a certificate of zoning compliance issued by the Administrator. A certificate of zoning compliance shall be issued only in conformity with the provisions of this Title and shall be required before the issuance of a building permit B. Expiration Of Certificate: If the work described in any certificate of zoning compliance has not begun within one year from date of issuance thereof, said certificate shall expire. It shall be revoked by the Administrator and written notice • thereof shall be given to the person affected. C. Record Of Certificate: The Administrative Officer shall maintain a record of all certificates of zoning compliance, and copies shall be furnished upon request to any person. D. Failure To Obtain Certificate: Failure to obtain a certificate of zoning compliance shall be a violation of this Title. (Ord. 430, 4-2-1984) 11-19-2: CERTIFICATE OF OCCUPANCY: A. Certificate Required: It shall be unlawful to use, occupy or permit the use or occupancy of any building or premises, or both, or part thereof thereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy shall have been issued by the City Building Inspector stating that the proposed use of the building or land conforms to the requirements of this Title and with all conditional provisions that may have been imposed. B. Record Of Occupancies: The City Building Inspector shall maintain a record of occupancies. • C. Failure To Obtain Certificate: Failure to obtain a certificate of occupancy shall be a violation of this Title. D. Construction And Use To Comply With Plans And Application: A certificate of zoning compliance or certificate of occupancy ME3 11-19 (2) • issued on the basis of plans and application, which are approved by the Administrator, authorize only the use and arrangement which are set forth in such approved plans, applications or amendments thereto. Any other use, arrangement or construction contrary to that authorized shall be deemed a violation of this Title. (Ord. 430, 4-2-84) E. Permit Issuance: There shall be no occupancy permit issued to any property until all utilities are in place and operable, which utilities shall include, as appropriate, water, sewer, gas, electricity, pressurized irrigation and telephone. No occupancy permit shall be issued until all requirements of the City have been met. (Ord. 524, 4-3-1990) 11-19-3: SCHEDULE OF FEES, CHARGES AND EXPENSES: A. Zoning And Planning Fees: A petitioner or applicant for any of the zoning or planning matters in this Title shall pay the fees established by the City Council by resolution. No petition or application, except as hereafter provided, shall be accepted by the City unless accompanied by the required filing fee. (Ord. 557, 10-1-1991) • B. Fee Calculation: For any requested public hearing involving more than one classification of a petition or application, the filing fee shall be calculated on the basis of the highest fee for an individual classification or application. C. Fee Waivers: Notwithstanding any of the preceding fee schedules, the City Council shall have the authority to waive in whole or in part any fee for any hearing before the Planning and Zoning Commission for petitions by any governmental agency or for any other party when such a fee would present a hardship. An applicant for a hardship waiver must present his request in writing to the City Council, outlining the degree of such hardship. D. Refunds: The fees to be charged for the various procedures stated above are not refundable, except where a petition or application is withdrawn at least one week before the date of its scheduled public hearing, and then only by order of the City Council. (Ord. 430, 4-2-1984) E. Payment Of City Costs: If all fees are not paid, the City may revoke any zoning permit, conditional use permit, accessory use permit, variance, occupancy permit, zoning certificate or other grant of authority initially given the applicant, and in the case of an annexation procedure, the City may de-annex said property. (Ord. 557, 10-1-1991) • ME3 • CHAPTER 20 ILLUSTRATIONS SECTION: 11-20-1: Building Setback Lines 11-20-2: Fences !2R! 11-20-1: BUILDING SETBACK LINES: 11-20 (1) See the following pages for illustration of building setback lines. (1997 Code) 11-20-2: FENCES: See the following pages for illustrations of fence regulations. (1997 Code) • • _- 2, I• se~c~~n > I-zo_i Building -- Principal and Accessory BUILDING SETBACK LINES Lot Deplh Yards STREET S I DE'AALK %!~;Hi-OJT 'S'AY LINE • ~. ! SI . ® . YARD .. o FRONT LOT L;NE a r ~ z BUILO~NG SET BACK ~i'JE 0 ~ - ~~, ~ S[CE YARD u ~ AC CESSORY BUILDING J • ~ ( PRINCIPAL BUILDING ~ I J ~ _ L7 1- ~ ^ d Vt ~ w~ p ~ ' N ~ I O C Y J ~ a I I W d' LOT WIDTH UTILITY EASEMENT) REAR LOT LIN~ • ME3 11-20 l3) • Section 11-20-2 n-cza ~, CITY OF MERIDIAN Fence Regulation 728 Merltllen Slreet INSIDE LOT ~roperty Line ggg.y~~ i i I nn 6' Solid or Open Fence ,'~ Il Behind Set Back Property Ltne y,: ~:I III• ifX property ,1 ii' Line i (,~~ ~ / / ~. h / \ it I I ~ 20' Setback ' 3' Solid fence ~ ~~ ~ ° ~~ 4' x 4' ground or 4' Open ¢¢ area Type Fence ~ ~~/S~< In Front of Setback ~, ~ ~ Leave Open Access \ to Water Meterz, • Fence Regulation Ftre Hydrant, Power Transformers, et CORNER LOT 6' Wood, Solid or Open Fence /Property Ltne ~ I„ ~, 1, ~ / ., i / / ~ \ ;; .- -, \ ° ~ ~ 20' Setback ~ \ 0 3' Wood or Solid Fence 3' Wood or Solid Fence or 4' Open Fence Open Fence 30,~ ,~0~ ~ ~5~~¢¢`' iite Triangle 3' Chatn Link 4' x 4', ground r~ F • ~r Open ence Leave Open Access to Water Meters., Fire Hydrant• P owez Transformers, e ErHIBIT "C" I ME3 • CHAPTER 21 OFFICIAL ZONING MAPS SECTION: 11-21-1: Official Zoning Maps !2R! 11-21-1: OFFICIAL ZONING MAPS: 11-21 (1) See the following pages for Official Zoning Maps. (1997 Code) we have included copies of all the Zoning Maps appearing at the end of the Zoning Ordinance (see following pages). However, since such maps are usually difficult to reproduce with clarity and are subject to change, we suggest that the City consider omitting all maps from the City Code, and stating the following: 11-21-1: OFFICIAL ZONING MAPS: The Official Zoning Maps for the City of Meridian and Ada County shall be and remain on file in the office of the City • Clerk. (1997 Code) Does the City agree with the above suggestion? Response: Yes, omit maps and include above language No, retain maps in City Code If maps are retained, are they up-to-date? If not, please send current maps. Response: Maps are current, retain as is , Updated maps are enclosed C~ OFFICIAL ZONING MAPS • City of MERIDIAN, IDAHO R-4 R-8 R-/5 C-N C-C ~ or ~SC C-G L-O I-L I M FP MUD? LEGEND FOR ZONING MAPS Low Density Residential Medium Density Residential High Density Residential Neighborhood Commercial Community Commercial Old Town Regional Shopping Center Business District General Retail and Service Commercial Limited Office Light Industrial Industrial Mining Flood Plain Mixed Use Review District Limits ••• Meridian City Limits L~ .Land Outside Meridian City Limits LLL 34~~.35~ ~-~ Section Corner J I I L • -92- SECTION INDEX • OVERVIEW SECTION SECTION SECTION SECTION SECTION o 3 S a: 2 I 6 ~ $ 5 ~ Cherr Lane ~ d st o `~ SECTION ~ SECTION SECTION SECTION SECTION SECTIONa o S o o o a: o ~ d ~ ~ ~ `~ 0 ~ `~ 00 Franklin Road c • ~, SECTION ~ SECTION N SECTION ~, c 13 a`r 18 0 17 0 J ~ J W Overland Road SECTION SECTION T.3N.,R.IW. 24 19 T.3N.,R.IE. • -93- r 1 L J C ~ J Section 3, T. 3N., R. 1W. Page 1 Section 2, T. 3N., R. 1W. Page 2 Section 1, T. 3N., R. 1W. Page 3 Section 6, T. 3N., R. lE. Page 4 Section S, T. 3N., R. lE. Page S Section 9, T. 3N., R. lE. Page 6 Section 8, T. 3N., R. lE. Page 7 Section 7, T. 3N., R. lE. Page 8 Section 12, T. 3N., R. 1W. Page 9 Section 11, T. 3N., R. 1W. Page 10 Section 10, T. 3N., R .1W. Page 11 Section 13, T. 3N., R .1W. Page 12 Section 18, T. 3N., R .lE. Page 13 Section 17, T .3N., R .lE. Page 14 Section 19, T .3N., R . 1E. Page 15 Section 24, T .3N., R .1W. Page 16 -94- ll~l~ AP-2 1 IN SEC. 3 -T. 3 N.-R. I W. ADA COUNTY NING COMMI SS pN y A w ~~ 3 AP-2 -.__-_~-.___ __.___.. y.. P ~ ,,o- R-4 8* AP-2 * • -- ,~ ~, ,.' ~ R-~ ~~3 i zz.Txy f ~~ ~~,. ~2 -Y suq ~. . ~v ~ m -- ~,... , *COUNTY ZONE Updated 1-11-89 ..~ 0 :• ~'uB " .~ ~ R-4 AP 0 ;, r -ST7~ ~_ ---__ SEC. ! -T. l N-1 • SEC. 2 -T.3N.-R. I W. ADA COUNTY ZONING COMMISSION _ i (! Z i 9 2 1 AP-2* i I ~ i R.4 I I i, { I .. A 2* i E `:` ~ C,P-2* ; '~ ~ I AP-2* • - ~• ~~- - J ~M L ` ~~~ :. ~,~ . `y ERIQ AN II _ Garr ~34 ' M R,4 .... ~ - z [~ T~. . _._ S_ _ __ _ --___ __ -_ - - -- i/ ~I U _ _.. .. _. ~~_ *COUNTY ZONE ecc. z"-t'Ix-A.: _.~ Updated 1-10-89 2 SEC. I -T. 3N.-R. I W ADA COUNTY ZONING COMMISSION ... 2 ~- R•4 e AP-2 R•4 MER/D/AN e ~• a .RJ.11CII ~- ~ •~~~ _' ~' R•4 s y ~,~ '"~ MERIDIAN ' • ,~~ m ~R•8 ~ ~~ ,2 G re.. ~». c..4~:r s..... r.., LD *COUNTY ZONES Updated 1-10-89 3 \ •. R•8 AP-2. ~; e[c. i -T3K- 1U I lit i ~__ ~I St -R I „.,,-.. R) RI* RI'* ~ i ~~ r '~ _ _ .. RI+_ ~* ' RI J }~P- 'E ,• . 5 ~ - R~... - AP-2* ~~~ ~~ ~ ~ -----• ~ ; I C•C ': CI Y 0 ~~ ~ ~~ __ - y '~ SEC. 6 -T.3N.-R.IE. ADA COUNTY ZONING COMMISSION RI* _~ AP-2* CITY 0~ .MERIDIAN R•4 ~ RI* o •. ~ ~ ~ . - ~..~.~. .. AP_2* •m • , E~ ~ I ~0 .~ 00 m :R e12 '.... s..~Rriaw nrc. - --- *COUNTY ZONES Updated 1-1~ ~9 ~ SEG f-T. lM.-II.IE. • _~ ,~ _ ~, -~ 5 II ~ - it --~ . r---- o, 1 i; lei _~~~ .., ~i III I~ .III i' ~~ I,i '~ 1 _ d/4bxAZ-r _1' e - - ~---- i~ • [~ . .~ J._~L __._____ _._ *County Zone _, SEC. 5 -T.3N.-R.IE. ADA COUNTY 20NWG COMMISSION is ~ - _R~* . _ D-i * = ~I _~. ® - RI* .~. e n ~-- i -° o -~ it D-I * RI . - .t "' rolls: °~. u ' +I v. - ~_ 'Q ` V _l t` I' e Ili ,:. _ ,;; ~. i l ~!, ~ ~I ~l a - --~ - ~- --- - ---- ~I ! i I" ~I ~I ~j I I r'i . ~ _ i ~l i~ ~ _ 5 ~ i ~I * ~ - °I ,~i _. SEG 3-T.SR-R.IE. . ., -C)- SEC.9 T 3K RIE. ADA COV1R• IOMIM{ COYY153iOM - - - -v ~. _--_____.._ rr ~_~__-_.. _ - _ ~~ - ~ _ _- ~l ~• I- L MERIDIAN • AP-1~ ~~ r ~;' s,l~. i i «-~~M _~1--~-~ , ~ ^ - ~ ~~._ M- I ' ', RI * ' Rli` ~ _ -_ . S. ~ ~ .r y' ~~. ' ..~.a.. .. ~ e- thk fix' s . ....~. ....~u~'U-;S4 AP-I M-I 9 M -! - , .. 9. iC ___ W t_C SEC 9-3N ~ -~_ SEC.B -T.3N.-R.IE. _~, - r-~-- i ~ ~ I .. -~ - ~;._.. I_',PI.E'Q'SAN.T V 4 L`C E q* ~ ,. ; ~ ~ .. ~ R~2 ~•, 1'I j .,i~• IL 1 n U -.T.I~.I~.A _ • LOCUST GROVE INUUSi RIA~ ~AnK .... ... . :t J ~. - - I-L ~~-' D-2 * asor+ s e,~s+a ~=M: i~~ ~unrn,ci ~: R-4* 3 ~_q ;, ~. • *County Zone ago -7- r~ u SEC. 7-T.3N.-R IE. ' ~ .~t< ~ *: ,.~.. U ~'~ _ ~ ~• , j ,...,`,. q _. ... __ ._ _. , ~. ' I i ~ ~ - - ._ J ~_ _ _ r r~. Tr-~ ~~ y J. I 1 O T .' - ' . - I a: ;.. ~• ~- ..-~ a ~ ~-- ~ i I ._. .. . _ .... ~.~ M ° , it O-T I i ° '°~ i I -~ I • ^~ 12I ~ I°° 4 °~ rl • *County Zone °eo G. -8- •~~°.~i ~ R:q* a ,• 'D-2•>ti I-L :.:.-;---M-- ~. ~~~ K ~. D-2* aa<._.,._,,~ . • SEC. 12-T. 3N.-R. I W. ADA COUNTY ZONING OMMIS SION ~ Z / ' / c _ _ __ f _._.._.- tR.vy _ _ ~ - o .~ ,zC'N ~,0- ,x~- ,,. ,~ ,.,~ , u . ~ 3 - , ~ ,. ;, .. .. ,(r .I: L, . . . - -- ... J • ~ ~ f 1 > z I~~,~~-,,]]],h~$$ ••~+~I . 10.1 °~ ~~r 'R ~~ ~Im to ~ i urt ..¢ f c l x I L ~ N I UI` . . • ' tl • J 'Sx! r 13 yq N/A'GTO.v / I^ ll ' ~~ `~ v 7 Yi ' 2 w a o x 4 L~ c • ~^ >r ! J _ `_. ~ .. ! ~I~ ! ! I ~~ .. ,, •r ~ jy, L r r f ~T s ~ ~w •~~ ,~ f .'h ...l ~ -- I ~ ~Y ~q .~O,F / AvI: F9C! Ic._ ~~ f•"vgf0 N ///C /~A/4Rb~o .... ; .__. ~ .._ ft -- f -f~ I ,I y e g f I. E I I T YG pl C' J E `~' AP-2* ~ I i ~ LE © ~ © ~~ (~ (~ F~ N „ ~ ~ r- >_ / a i / ' _ _ _ _~~~_ vc+~ss' £4 EC i7ic .f.~/~ v,•Y (.r,.w1 ~/1 ~ I • f~... r... GN.P.a J....r Ny.' 1 • ,~~`~~ L ... ~ SEC. 12-27N.-N.I M! *COUNTY ZONES ~ i Updated 1-10-89 ~ J ~., \ _ . ~ ~ I .. ..x _ _. __ ,... 9 SEC. I I -T.3N.-R. I W. DA COUNTY 20NING COMMISSION ~ • I c , 2 ~ _ - // ___... _~a,or _ _ I _ R•4 r- ~, ~ i `~ ,__4 __ ~ ~ ~ a I \ i ; ~~~ i• I 'AP-~ * ~~ I MERIDIAN ~' -- ~- I R.4 - ~ I ~ I #_ Rf _ -- __ . - I I I ---- - __~ T ~_ ___ - • _ -- i ~ it I R F ~ ~ b 1 I ; LO P-2' ~~ A iR•~4 ~ ;E, i I~ ~ „ ; „ ;,, . ~ ,r l•E t -- - - - -- -- ~ --- -1 -~ I - ,~ -. - - ~ Y _ ~ -- . ~ ~~ li I ~ \ S I \\ II \ i ' ; ti ' \ I t . I '~ : I .L ~ } ~I ~ 1 ~~ I ~ ~ ~ ,, • ~ - ~ ~ ~ ~/ ~ i L- _ - ~-~_---. C ~we.n.eJ r ~ _- ~ v EL FC TN/C FFi<v • ..... i,.. c.. i.n.a s..... r.~. • COUNTY ZONES Updated 1-10-89' SEC. il -I3e.-0. 10 J L? ~- - ~o ,, ~r R•4 AP- h` R3 SEC. I 0-T. 3N.-R. I W. ADA COUNTY 20NING COMMISSgN RI R•4 `f,~~-P RI AP-I * -- `-.__ --i -- - R I* •.. • 02 y ~ ~ EL+ /S • rw.- r..- c...r,.~ ~..... w,. *COUNTY ZONES Updated 1-10-8911 ~o C•N --- - ---A P-2 * ~* AP-I * /T ~E C. 10 -T3 M-R _SEC. 13- -- T.3N.-R.IW. _ __ _ ~ ADA COUNTY ZONING COMMISSION ROS( MRK M01/t( ,wwu svl. kL/N RD. ~ /1 / _ 2 _ ((S N/GMFNV Nr J ~I / J C E T ! n .nm i 1 , n * ~ C.N e . n 9„ 1 n C•G 1y * R ,. 1 1 n ~' , ,k ~ n I ~`. 1 r f~ 1 . w . w i t ° I 1 . ri. 1 M .~ ~NJ 1 1 1 f I.It w..•. n. / ~~ I_ ~ . •el . 1 1 ~•~ S + R.q ~ ~ n' Iw.• c. ... 1 i ' ' R14= ~ ~ __.. _. [ •f C... . ~ '~ - AP-2= . ....1. 1 C 1 - ~ p j • m • F M n ~ '= ~ AP-2 u i C'G ra K 0 l~ Q .~- ~ .~., R•4 R ~' AP 2* - - - - MERIDIAN AP-2 * . 84 ~NTEFlS ATE - 84 ~ '~ ~ ~ \ ~ C 3* --- s C•G a -- J OVERGA NO Ro- 74 r+ Updated 1-10-89 'COUNTY ZONES. 12 ! ! • li .o .. SEC. 18-T.3N.-R.IE. ADA COUNTY ZONW6 COMMSSgN 'I \ ~~ M .0. • ^r I - ~ .. ~ ~`~ ,~.. ,.,~ o t. i r /i - '~ ~ RI* . „~ =;~ ~, ,= i. ' ~ R•15 C'~. I i ti's I:I _ ili ~1 ,~ '° ai (~ {' /,/ I' :~ t _ _ - - ~~ J t; I Y •• • ,, , •, ,•~~ I AP~2f t~l\,~~~ _ ~ r\ 1 . _ INTER, n1E AP-2 ~ NIG ~'~'AY ~ I lON--- _~_~ . ' ~ ~ li MGin~ • ~~ 1~ ~1 _ ' ; E ~ i RIB ~ ! R,3 __ , ,~ ~~.e: _ ,e~,, .~~A...~ ..._......_ ~ \ *COUNTY ZONES ~ • Updated 1-10-89 \ ~' $C f-T SN-R.IE 19 I ~ f ~ I 13 1 ~ q ~~ \ / 1 '~ ~. • 1 1 • SEC. 17 -T.3N.-R.IE. ADA COUNTYZONING COMMISSION -14- SEG. 17-T. yR.- R.1 E. l~ l7 I /b r21 SEC. 19 - T. 3 N. - R. I E • • • ADA COUNTY ZONING COMMI9910N 15 Updated 1-10-89 SEC 19 - i. 3N- R.IE SEC. 24- T3N.-R.IW. ADA COUNTY 20NIN0 COMML!lION RI Ali L,., ~ i I, .-~- _ ~~-i * OIiU -- an ~ _ - --_ 1_ L1 IL I i ~ '~~ 1, ~ ., . ~_. * _.. •LL 2~.~ T. LY-11.1 ~. i• *County Zone -16- • • ME3 !TITLE! 12 SUBDIVISION AND DEVELOPMENT Title, Authority Intent And Purpose Definitions; General Provisions Subdivision Approval Procedure . Design Standards Improvement Standards Planned Development Mobile Homes Cemetery Subdivision Floodplain Subdivision Vacations And Dedications Variances Illustrations T12 (1) 1 2 3 4 5 6 7 8 9 10 11 12 For statute authority, see I.C. SS 50-1301 et seq. and 67-6513 et saq. ME3 • CHAPTER 1 TITLE, AUTHORITY, SECTION: C r1 U INTENT AND PURPOSE 12-1 (1) 12-1--1: Title 12-1--2: Authority 12-1--3: Jurisdiction 12-1--4: Intent And Purpose 12-1--5: Minimum Requirements 12-1--6: Relationship With Other Laws 12-1--7: Combining Of Permits 12-1--8: Effect Of Existing Agreements 12-1--9: Severability Clause 12-1-10: Repeal Of Conflicting Ordinances; Effective Date !2R! 12-1-1: TITLE: This Title shall be known as the SUBDIVISION AND DEVELOPMENT ORDINANCE of the City of Meridian, Idaho. (Ord. 430, 4-2-1984) 12-1-2: AUTHORITY: The Ordinance codified in this Subdivision and Development Title is adopted pursuant to authority granted by Idaho Code chapter 65, title 67; Idaho Code chapter 13, title 50; and the Idaho Constitution article 12, section 2, as amended or subsequently codified. (Ord. 430, 4-2-1984) 12-1-3: JURISDICTION: These regulations shall apply to the development of all land within the legally defined Meridian City limits. (Ord. 592, 11-17-1992) 12-1-4: INTENT AND PURPOSE: The intent of this Title shall be to implement a general rule for the use of the land in the Meridian City limits and the area of impact. This Title shall be based on the officially adopted Comprehensive Plan of the City and is enacted in order to promote and protect the public health, safety, comfort, convenience, prosperity, and general welfare and to achieve the following objectives: A. To promote the achievement of the proposals of the Meridian Comprehensive Plan; B. To advance the City as a self-sufficient employment and economic center; ME3 12-1 (2) • C. To improve the character and quality of Meridian's manmade environment while maintaining its identity as a self-sufficient community; D. To encourage orderly growth and development, thereby avoiding scattered development of land that results in either of the following: 1. The lack of water supply, sewer service, drainage, transportation facilities, or otherwise essential public services; and 2. To excessive expenditure of public funds for the supply of such services; E. To protect residential, commercial, industrial and civic areas from the intrusion of incompatible uses and to provide opportunities for establishments to concentrate for efficient operation in mutually beneficial relationships to each other and to shared services; F. To provide for desirable and appropriately located living areas in a variety of dwelling types and at a wide range of population and densities with adequate provision for sunlight, fresh air, and usable open space; • G. To promote safe, fast and efficient movement of people and goods and the provision of adequate off-street parking and loading; H. To encourage excellence and creativity in the design of all future developments and to preserve the natural beauty of Meridian's setting; I. To provide for the manner and form of making and filing of development plans and plats; J. To specify the requirements as to the extent and the manner in which: 1. Roads and streets shall be created and improved; and 2. Water and sewer and other utility mains, piping connections, or other facilities shall be installed; K. To encourage growth in those areas of the City which, due to topography, soil characteristics and other compatible features, provide the most favorable conditions for future community services such as sewer, water, transportation, schools, parks, etc.; • L. To encourage the proper distribution and compatible integration of neighborhood commercial uses into all residential areas of the City; M. To protect existing waters (Five Mile, Nine Mile, and Ten ME3 12-1 (3) • Mile Creeks) through the establishment of easements throughout the City; N. To protect recognized historic and architectural landmarks throughout the City; O. To establish reasonable standards to which buildings or structures shall conform; P. To ensure that additions to and alterations or remodeling of existing buildings or structures comply with the restrictions and limitations imposed hereunder; Q. To provide protection against fire, explosion, noxious fumes, and other hazards in the interest of the public health, safety, comfort, and the general welfare; R. To ensure that buildings and land within the City are adequately maintained to prevent physical deterioration and tax base erosion; S. To specify the administration of the regulations of this Title by defining the powers and duties of approval authorities; and • T. To secure equity among individuals in the utilization of property. (Ord. 430, 4-2-1984) 12-1-5: MINIMUM REQUIREMENTS: The provisions herein shall be held to be the minimum requirements for the promotion of the public health, safety and general public welfare. (Ord. 430, 4-2-1984) 12-1-6: 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. (Ord. 430, 4-2-1984) 12-1-7: COMBINING OF PERMITS: • The Administrator may coordinate with other departments and agencies concerning all permits which may be required in this Title and previously or subsequently adopted (County/City) ordinances. A one-stop permit application and processing procedure may be developed with the respective departments and agencies for the purpose of reducing errors, misunderstanding, ME3 12-1 (4) confusion and unnecessary delay for everyone involved. (Ord. 430, 4-2-1984) 12-1-8: EFFECT ON EXISTING AGREEMENTS: This Title is not intended to nullify any or any other private agreement; provided, regulations of this Title are restrictive standards or requirements than such easem other private agreement, the requirements (Ord. 430, 4-2-1984) 12-1-9: SEVERABILITY CLAUSE: easement, covenant, that where the or impose higher ent, covenant, or herein shall govern. Should any section or provision of this Title be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Title as a whole or a part hereof other than the part so declared to be unconstitutional or invalid. (Ord. 430, 4-2-1984) 12-1-10: REPEAL OF CONFLICTING ORDINANCE; EFFECTIVE DATE: • All ordinances or parts of ordinances in conflict with this Title or inconsistent with the provisions of this Title are hereby repealed to the extent necessary to give this Title full force and effect. The Ordinance codified in this Title shall become effective from and after the date of its approval and adoption, as provided by law. (Ord. 430, 4-2-1984) • ME3 • CHAPTER 2 DEFINITIONS; GENERAL PROVISIONS SECTION: 12-2-1: Rules And Definitions 12-2-2: Amendment Procedure 12-2-3: Subdivision Fees 12-2-4: Development Time Requirements 12-2-5: Enforcement And Penalties !2R! 12-2-1: RULES AND DEFINITIONS: 12-2 (1) A. Rules: For the purpose of this Title, certain terms or words used herein shall be interpreted as follows: 1. The word "person" includes a firm, association, organization, partnership, trust, company or corporation, as well as an individual. 2. The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular. • 3. The word "shall" is a mandatory requirement, the word "may" is a permissive requirement, and the word "should" is a preferred requirement. 4. The words "used" or "occupied" include the words "intended, designed or arranged to be used or occupied". 5. The word "lot" includes the words "plot", "parcel", and "tract". 6. The masculine shall include the feminine. B. Definitions: See Section 11-2-2 of the Zoning Title (Title 11 of this Code). (Ord. 430, 4-2-1984) 12-2-2: AMENDMENT PROCEDURES: The City Council may, from time to time, amend, supplement or repeal the regulations and provisions of this Title upon recommendation from the Commission or upon its own motion in the following manner: A. Commission Hearing; Recommendations: The Commission, prior • to recommending an amendment, supplement, or repeal of the Title, shall 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 amendment, supplement or repeal to be discussed shall be published in the official ME3 12-2 (2) • newspaper or paper of general circulation within the jurisdiction. Following the Commission hearing, if the Commission makes a material change in this Title other than that published for the present hearing, further notice and hearing shall be provided before the Commission forwards its recommendation to the Council. A record of the hearings, findings made and actions taken shall be maintained. B. Council Hearing: The Council, prior to adopting an amendment, supplement or repeal of this Title, shall conduct at least one public hearing using the same notice and hearing procedures as the Commission. The Council shall not hold a public hearing, give notice of a proposed hearing, or take action until recommendations have been received from the Commission. Following the hearing of the Council, if the Council makes a material change in the Title other than that published for the present hearing, further notice and hearing shall be provided before the Council adopts the amendment, supplement or repeal. (Ord. 430, 4-2-1984) 12-2-3: SUBDIVISION FEES: A. Filing Fees: A petitioner or applicant for any of the subdivision or development application matters in this Title • shall pay the fees established by the City Council by resolution. No petition or application, except as hereafter provided, shall be accepted by the City unless accompanied by the required filing fees. (Ord. 557, 10-1-1991) B. Fee Structure Rules: In the application of the fee structure, the following rules shall apply: 1. Basis For Calculation: For any requested public hearing involving more than one classification of a petition or application, the filing fee shall be calculated on the basis of the highest fee for an individual classification or application; 2. Notwithstanding any of the preceding fee schedules, the City Council shall have the authority to waive in whole or in part any fee for any hearing before the Planning and Zoning Commission for petitions by a governmental agency or for any other party when such a fee would present a hardship. An applicant for a hardship waiver must present his request in writing to the City Council, outlining the degree of such hardship; 3. Fees Not Refundable: Fees to be charged for the various procedures stated above are not refundable, except where a • petition or application is withdrawn at least three (3) weeks prior to the date of its scheduled public hearing, and then only after order by the City Council; 4. Reimbursement Of City Costs; Lien: In addition to the above fees for zoning, planning and subdivision matters, the ME3 12-2 (3) • applicant or petitioner shall pay for all the City costs of publication, legal and engineering fees relating to processing the application or petition. All fees and costs incurred by the City shall be a lien against the property which is being considered, and if the fees are not paid when due, the City may foreclose said lien to collect its fees and costs. No application shall be considered until the owner has executed the fee and cost agreement contained in either the form of the application or as a separate document. (Ord. 430, 4-2-1984) 12-2-4: DEVELOPMENT TIME REQUIREMENTS: A. Annexation: The owner or developer of any property annexed after the date of enactment of the Ordinance codified in this Title shall have two (2) years from the date of annexation to prepare and file a preliminary plat for the annexed area. B. Preliminary Plat Approval: After the date of approval of the preliminary plat, the owner or developer shall have one year within which to file his request for approval of final plat. C. Final Plat Approval: After approval of final plat, the • owner or developer shall have one year to begin construction of the public utilities and one year thereafter to complete construction of those public facilities. D. Failure To Meet Timetable; Deannexation: If the above timetable is not met, the property will be subject to deannexation, and the owner or developer may be required to go through the platting procedure again. E. Extension Of Time: Upon good cause shown, the City Council may extend the above time limits. (Ord. 430, 4-2-1984) 12-2-5: ENFORCEMENT AND PENALTIES: A. Enforcement: No subdivision plat required by this Title 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 Title 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 Title. • B. Penalties: Penalties for failure to comply with the provisions of this Title shall be as follows: Violation of any of the provisions of this Title or failure to comply with any of its requirements shall constitute a misdemeanor. Each day such violation ME3 12-2 (4) • continues shall be considered a separate offense with a three hundred dollar ($300.00) 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 Council or any other public official or private citizen from taking such lawful action as is necessary to restrain or prevent any violation of this Title or of the Idaho Code. Pursuant to our comments at Section 1-4-1 of this Code, should bolded text be omitted and reference made to Section 1-4-1 of this Code? Response: Yes No Change as follows: C. Additional Penalty; Withhold Permits Or Certificates: 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 violation of the provisions of this Title or the Zoning Title (Title 11 of this Code). The violation may pertain to property or to an individual or entity. (Ord. 592, 11-17-1992) • ME3 • CHAPTER 3 SUBDIVISION APPROVAL PROCEDURE SECTION: 12-3--1: Subdivision Approval Required 12-3--2: Pre-Application Meeting 12-3--3: Preliminary Plat 12-3--4: Preliminary Development Plan 12-3--5: Council Hearing, Negotiations And Action 12-3--6: Approval Period 12-3--7: Appeal Of Council Action 12-3--8: Final Plat Application; Contents 12-3--9: Approval Of Final Plat 12-3-10: Recording Of Final Plat 12-3-11: Lot Line Adjustment !2R! 12-3-1: SUBDIVISION APPROVAL REQUIRED: 12-3 (1) A. Plat Approval And Filing: Any person desiring to create a subdivision as herein defined shall submit all necessary applications to the Administrator. No final plat shall be • filed with the County Recorder or improvements made on the property until the plat has been acted upon by the Commission and approved by the Council and all costs and fees have been paid. No lots shall be sold, transferred, or constructed upon until the plat has been recorded in the office of the County Recorder and a certified copy thereof has been returned to the Administrator. (Ord. 430, 4-2-1984) B. Re-Subdivision: Notwithstanding the definition of subdivision contained in Section 11-2-2 of this Code, where an applicant desires to subdivide an existing lot which is located in an existing subdivision which has been previously recorded and the required improvements made thereon, he may do so without going through the entire platting procedure required by this Title. He shall, however, submit an application for re-subdivision showing the existing lot and how the lot is proposed to be re-subdivided. The City shall then determine what requirements of this Title shall be complied with by the applicant. The City may require full compliance if deemed necessary. The provisions of this subsection pertaining to the reduction in platting requirements of certain parcels may apply to previously unplatted and unsubdivided ground upon application to the City Council. (Ord. 456, 9-3-1985) • 12-3-2: PRE-APPLICATION MEETING: The developer shall meet with the Administrator prior to the submission of the preliminary development plan. The purpose of this meeting is to discuss early and informally the purpose and effect of this Title and the criteria and standards ME3 12-3 (2) • contained herein, and to familiarize the developer with the Comprehensive Plan, Zoning Ordinance, Subdivision Ordinance and such other plans and ordinances as deemed appropriate. The developer may also meet with the Commission or Council prior to submitting an application. (Ord. 592, 11-17-1992) 12-3-3: PRELIMINARY PLAT: A. Application: The applicant shall file with the Administrator a complete subdivision application form and preliminary plat data as required in this Title, not less than thirty (30) days prior to the Commission's public hearing. The Commission will not schedule any hearing or workshops or put the application on the agenda unless the above conditions have been met. B. Public Hearing Held Prior To Plat Approval: A public hearing shall be held at the time of presentation of the preliminary plat by the developer to the Commission for the purpose of allowing public input on the proposed subdivision. C. Combining Preliminary And Final Plats: • 1. The applicant may request that the subdivision application be processed as both a preliminary and final plat if all of the following exists: a. The proposed subdivision does not exceed four (4) lots; b. No new street dedication or street widening is involved; c. No major special development considerations are involved, such as development in a floodplain, hillside development or the like; and d. All required information for both preliminary and final plat is complete and in an acceptable form. 2. A request to combine both preliminary plat and final plat into one application shall be acted upon by the Commission upon recommendation by the Administrator. D. Responsibilities Of Applicant; City Notify Adjoining Property Owners: 1. The applicant shall submit all required copies of plats, maps, application forms, conceptual engineering forms, and any other appropriate supplementary information required by the Administrator, Commission, or Council. See subsection E of • this Section. 2. The applicant shall pay all required fees. See subsection G of this Section. (Ord. 430, 4-2-1984) 3. The City shall notify all adjoining property owners of ~. ME3 12-3 • hearings as required in this Section. (Ord. 592, 11-17-1992) • • E. Content Of Preliminary Plat: 1. The contents of the preliminary plat and related information shall be in such form as stipulated by the Commission; however, additional maps and supporting data deemed necessary by the Administrator or the Commission or Council may also be required. (3) 2. The subdivider shall submit to the Administrator at least the following: (Ord. 430, 4-2-1984) a. Thirty (30) copies of the preliminary plat of the proposed subdivision, drawn in accordance with the requirements hereinafter stated; each copy of the preliminary plat shall be on good quality paper, shall have dimensions of not less than twenty four inches by thirty six inches (24" x 36"), shall be drawn to a scale suitable to ensure clarity of all lines, dimensions and other data, shall show the drafting date, and shall indicate thereon, by arrow, the general northerly direction. b. Thirty (30) copies of a one inch equals three hundred feet (1" = 300') scale map on eight and one-half inches by eleven inches (81/2" x 11") paper indicating thereon all adjacent development and/or lots of record within three hundred feet (300') of any boundary of the proposed development, and the layout of the proposed development in bold outline. c. Thirty (30) copies of the completed and executed subdivision application form. d. Four (4) sets of conceptual engineering plans (not meant to be detailed designs) for streets, water, sewers, sidewalks and other required public improvements. Such engineering plans shall contain sufficient information and detail to enable the City Engineer to make a determination as to conformance of the proposed improvements to applicable regulations, ordinances and standards. (Ord. 557, 10-1-1991) e. Appropriate supplementary information that sufficiently details the proposed development within any special development area, such as hillside, planned unit development, floodplain, cemetery, mobile home, large-scale development, hazardous and unique areas of development. F. Preliminary Plat Requirements: The following shall be shown on the preliminary plat or shall be submitted separately: 1. The name of the proposed subdivision and general location. 2. The names, addresses and telephone numbers of the owner, the subdivider or subdividers and the engineer, surveyor or planner who prepared the preliminary plat. • • • ME3 12-3 (4) 3. Name and address of the party to receive City billings and/or correspondence. 4. The legal description of the subdivision. 5. A statement of the intended use of the proposed subdivision, such as: residential single-family, two-family and multiple housing, commercial, industrial, recreational or agricultural and a showing of any sites proposed for parks, playgrounds, schools, churches or other public uses. 6. A map of the entire area scheduled for development if the proposed subdivision is a portion of a larger holding intended for subsequent development. 7. A vicinity map showing the relationship of the proposed plat to the surrounding area (1/Z mile minimum radius, scale optional). 8. The land use and existing zoning of the proposed subdivision and the adjacent land. 9. Streets, street names, right-of-way and roadway widths, including adjoining streets or roadways. 10. Lot lines and blocks showing scaled dimensions and numbers of each. 11. Contour lines, shown at five foot (5') intervals where land slope is greater than ten percent (10~) and at two foot (2') intervals where land slope is ten percent (10~) or less, referenced to an established bench mark, including location and elevation. 12. A site report as required by the appropriate health district where individual wells or septic tanks are proposed. (Ord. 430, 4-2-1984) 13. Any proposed or existing utilities, including, but not limited to, storm and sanitary sewers, irrigation laterals, ditches, drainage, bridges, culverts, water mains, fire hydrants, street lights, and their respective profiles. (Ord. 557, 10-1-91) 14. A copy of any proposed restrictive covenants and/or deed restrictions. 15. Any dedications to the public and/or easements, together with a statement of location, dimensions and purposes of such. 16. Any additional required information for special development as specified in this Title. 17. A statement as to whether or not a variance will be requested with respect to any provision of this Title describing the particular provision, the variance requested, ME3 12-3 (5) • and the reason therefor. 18. A statement of development features. G. Fee: At the time of submission of an application for a preliminary plat, the applicant shall pay the applicable fee as approved by the Council to cover the costs of processing. H. Administrator Review: 1. Certification: Upon receipt of the preliminary plat and all other required data as provided for herein, the Administrator shall affix the date of application acceptance thereon. The Administrator shall, thereafter, place the preliminary plat on the agenda for consideration at the next regular meeting of the Commission if there is sufficient time prior to the date of certification for the Commission to consider and review the application, and to give proper notice of a public hearing as required in subsection H2 below. 2. Notice Of Hearing: Notice will be published in the City's newspaper of record at the expense of the requesting party in at least one edition, fifteen (15) days prior to the hearing of the Planning and Zoning Commission meeting, which notice • shall also give a summary of the request and the location. 3. Review By Other Agencies: The Administrator shall refer the preliminary plat and application to as many agencies as deemed necessary. Such agencies may include the following: a. Other governing bodies having joint jurisdiction; b. The appropriate utility companies, irrigation companies or districts and drainage districts; c. The Superintendent of the School District; and d. Other agencies having an interest in the proposed subdivision. (Ord. 430, 4-2-1984) I. Notification By Applicant: 1. Notification Of Property Owners: The City shall notify all adjoining property owners by mailing, by certified mail, notice of the hearing to all property owners within three hundred feet (300') of the proposed boundaries of the subdivision. (Ord. 592, 11-17-1992) 2. Names Provided By Applicant: The names and addresses of property owners notified shall be provided by the applicant to • the City with a notarized statement of compliance and a copy of the notification. J. Commission Action: 1. Hearing By Commission: Following the receipt of application ME3 12-3 (6) • and after notice, the Commission shall conduct a public hearing, at which time they shall review the preliminary plat and receive comments from concerned persons and agencies to arrive at a decision on the preliminary plat. 2. Commission Findings: In determining the acceptance of a proposed subdivision, the Commission shall consider the objectives of this Title and at least the following: a. The conformance of the subdivision with the Comprehensive Development Plan; b. The availability of public services to accommodate the proposed development; c. The continuity of the proposed development with the capital improvement program; d. The public financial capability of supporting services for the proposed development; and e. The other health, safety or environmental problems that may be brought to the Commission's attention. • 3. Action On Preliminary Plat: The Commission may approve, approve conditionally, deny or table the preliminary plat for additional information. Approved or conditionally approved preliminary plats are forwarded to the Council. If the plan is denied, it is not forwarded to the Council. If the plan is tabled, it may be reconsidered by the Commission within forty five (45) days of the public hearing. The Administrator shall notify the applicant of the Commission's action within ten (10) days. 4. Action On Combined Preliminary And Final Plat: If the Commission's conclusion is favorable to the subdivider's request for the subdivision to be considered as both a preliminary plat and final subdivision, then a recommendation shall be forwarded to the Council in the same manner as herein specified for a final plat. The Commission may recommend that the combined application be approved, approved conditionally or disapproved. K. Appeals: Any person or aggrieved party who appeared in person or writing before the Commission or the subdivider may appeal in writing the decision of the Commission relative to the final action taken by the Commission. Such appeal must be submitted to the Council within fifteen (15) days from such Commission action. • L. Record Of Hearing And Findings: A record of the public hearing, findings made and action taken shall be made and maintained. (Ord. 430, 4-2-1984) 12-3-4: PRELIMINARY DEVELOPMENT PLAN: ME3 12-3 (7) • Upon receipt of the Commission's action concerning the preliminary development plan or the receipt of an appeal of such action by the applicant or other aggrieved party, the Administrator shall respond as follows: A. Set the public hearing date for the preliminary development plan; and B. Review public hearing comments by concerned persons, public agencies or City departments. (Ord. 430, 4-2-1984) 12-3-5: COUNCIL HEARING, NEGOTIATIONS AND ACTION: A. Hearing: Prior to taking action concerning the preliminary development plan, the Council shall conduct at least one public hearing in which interested persons shall have an opportunity to be heard. B. Notice Of Hearing: No final subdivision plat shall be approved until one public hearing before the Council has been held for the purpose of allowing public input on the proposed subdivision. This public hearing shall be held at the time of the presentation of the preliminary plat by the developer to • the City Council. Notice of the public hearing shall be given by mailing, by certified mail, notice of the hearing to all property owners within three hundred feet (300') of the proposed boundaries of the subdivision, which mailing shall be completed by the developer and by publishing notice of said hearing in the City's newspaper of record at least one time fifteen (15) days prior to the date of such hearing, which publication shall be handled by the Administrator. The notice to be mailed to the adjacent property owners shall include a copy of the notice of hearing and a vicinity map of the area, which map shall show the proposed subdivision and the property within three hundred feet (300'). C. Report Status Of Application: During the hearing, the Administrator shall report on the status of the application. D. Considerations: In considering the proposed development, the Council shall consider the requirements of this Title and at least, but not limited to, the following: 1. The conformance of the proposed development with the Comprehensive Plan; 2. The availability of urban services to accommodate the proposed development; • 3. The continuity of the proposed development within the City's capital improvement program; 4. The public financial capability of supporting services for the proposed development; and ME3 12-3 (8) • 5. Health, safety, or environmental problems that may be brought to the Commission's attention. E. Negotiations; Guidelines: Prior to Council action, the Council, Administrator, applicant, and interested persons may negotiate items of the preliminary development plan which are of mutual interest. In order that the negotiations be an open process and the rights of all parties-and persons shall be protected (applicant, Council, Administrator, and the general public), the following guidelines shall be observed: 1. The negotiations shall not occur in private or closed meetings. 2. Negotiations shall take place in open and informal meetings. 3. Where there is a quorum of the Council in attendance, appropriate records shall be kept of the negotiating session or sessions, namely minutes which shall be submitted with the proposed development. 4. The negotiation process shall be separate from the decision making process of the Council. • 5. Results of the negotiations shall be a recommendation to the Council and be available for public scrutiny. 6. The negotiation process shall be designed and carried out in a manner which assures the general public that decisions have not been made in advance of the input and scrutiny by the general public. 7. The general public shall be informed of any negotiation that has occurred in a newspaper article in the official newspaper or paper of general circulation within the City fifteen (15) days prior to Council action. F. Council Action: The Council shall approve, approve with conditions, deny, or table the preliminary development plan. If the preliminary development plan is tabled, it may be reconsidered by the Council within forty five (45) days of the public hearing. The Administrator shall notify the applicant of the Council's action within ten (10) days of the Council's action. G. Record Of Hearing And Findings: A record of the hearing, findings made, and action taken shall be maintained. (Ord. 430, 4-2-1984) • 12-3-6: APPROVAL PERIOD: A. Failure To Submit Final Plan: Council approval of the preliminary development plan shall become null and void if the applicant fails to submit the final development plan within ME3 12-3 (9) • one year of Council approval of the preliminary development plan. B. Authorize Extension: Upon written request to the Council and filed by the applicant prior to the termination of the said one year period as stated in subsection A above, the Council may authorize a single extension of the approval of the preliminary development plan for a period not to exceed one year from the end of the said one year period. C. Consideration For Final Approval: In the event that the development of the preliminary plat is made in successive contiguous segments in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of one year, may be considered for final approval without resubmission for preliminary plat approval. (Ord. 430, 4-2-1984) 12-3-7: APPEAL OF COUNCIL ACTION: Appeals of the action of the Council concerning the administration of this Title may be taken by any aggrieved • person. within sixty (60) days of the Council action (and after all remedies have been exhausted under this Title), an aggrieved person may seek judicial review of the Council's action under provision provided by Idaho Code sections 67-5215(b) through (g) and 67-5216. (Ord. 430, 4-2-1984) The bolded statute sections have been repealed by S.L. 1992, ch. 263, eff. July 1, 1993. If text change is deemed necessary, please provide same. Response: 12-3-8: FINAL PLAT APPLICATION; CONTENTS: A. Application Requirements: After the approval or conditional approval of the preliminary plat, the subdivider may cause the total parcel, or any part thereof, to be surveyed and a final plat prepared in accordance with the approved preliminary plat. The subdivider shall submit to the Administrator the following: (Ord. 430, 4-2-1984) • 1. Thirty (30) folded copies of the final plat showing lot arrangement and the other requirements and two (2) copies of the signature page of the final plat; (Ord. 592, 11-17-1992) 2. Five (5) copies of the final engineering construction drawings for streets, water, sewers, sidewalks and other ME3 • public improvements; and 12-3 (10) 3. Ten (10) prints of the final plat at a scale of one inch equals three hundred feet (1" = 300'). B. Contents Of Final Plat: The final plat shall include and be in compliance with all items required under Idaho Code title 50, chapter 13. The final plat submittal shall include at least: 1. A written application for approval of such final plat as stipulated by the Commission; 2. Proof of current ownership of the real property included in the proposed final plat and consent of recorded owners of the plat; 3. Such other information as the Administrator or Commission may deem necessary to establish whether or not all proper parties have signed and/or approved said final plat; 4. A statement of conformance with the approved preliminary plat and meeting all requirements or conditions thereof; 5. A statement of conformance with all requirements and provisions of this Title; and 6. A statement of conformance with acceptable engineering, architectural and surveying practices and local standards. C. Fee: At the time of submission of an application for a final plat, the applicant shall pay the applicable fee which has been approved by the Council to cover the cost of processing. D. Administrator Review: 1. Acceptance: Upon receipt of the final plat, and compliance with all other requirements as provided for herein, the Administrator shall certify the application as complete and shall affix the date of acceptance thereon. 2. Resubmittal Of Final Plat: The Administrator shall review the final plat for compliance with the approved or conditionally approved preliminary plat. If the Administrator determines that there is substantial difference in the final plat than that which was approved as a preliminary plat or conditions which have not been met, the Administrator may require that the final plat be submitted to the Commission in the same manner as required in the preliminary plat process, • including a public hearing and notice thereof. 3. Submission To Council: Upon the determination that the final plat is in compliance with the preliminary plat and all conditional requirements have been met, the Administrator shall place the final plat on the Council agenda within forty ME3 12-3 (11) • five (45) days from the date that an acceptable final plat application was received and acknowledged by the Administrator. E. Agency Review: The Administrator may transmit one copy of the final plat, or other documents submitted, for review and recommendation to the departments and agencies as he deems necessary to ensure compliance with the preliminary approval and/or conditions of preliminary approval. Such agency review shall also include the construction standards of improvements, compliance with health standards, the cost estimate for all improvements and the legal review of the performance bond. F. Council Action: Within forty five (45) days following receipt of the application, the Council shall consider the requirements of the preliminary plat and comments from concerned persons and agencies to arrive at a decision on the final plat. the Council shall approve, approve conditionally, disapprove, or table the final plat. If the final plat is tabled, it may be reconsidered by the Council within forty five (45) days of the date of initial consideration. A copy of the approved plat shall be filed with the Administrator. G. Notify Applicant Of Council Action: The Administrator shall • notify the applicant of the Council's action within ten (10) days of such action. H. Record Of Action And Findings: A record of the Council's review and action concerning the final development plan and findings made shall be maintained. (Ord. 430, 4-2-1984) 12-3-9: APPROVAL OF FINAL PLAT: A. Appeal Of Council Action: For required procedures, see Section 12-3-7 of this Chapter. B. Approval Period: 1. Final plat shall be filed with the County Recorder within one year after written approval by the Council; otherwise, such approval shall become null and void, unless prior to said expiration date an extension of time is applied for by the applicant and granted by the Council. The Council may authorize an extension of the final plat for a period not to exceed one year from the end of the original one year period. 2. Any request for an extension must be filed with the Zoning Administrator prior to the lapse of the original one year and must be in writing. (Ord. 456, 9-3-1985) • 12-3-10: RECORDING OF FINAL PLAT: A. Certification: Upon approval or approval with conditions by the Council, the applicant may submit the final development ME3 CJ L 12-3 (12) plan to the Ada County Recorder for recording. It shall contain the following: 1. Certification and signature by the Council which verifies that the development has been approved; 2. Certification and signature of the City Clerk (if required) and the City Engineer verifying that the development meets the City's requirements; 3. Certification of the sanitation restriction on the face of the final development plan is in accord with Idaho Code section 50-1326; and 4. Certifications required under Idaho Code title 50, chapter 13, as well as those required by Ada County ordinance. B. Upon recording of the plat, the developer shall file a certified copy of the recorded plat with the Administrator. (Ord. 430, 4-2-1984) 12-3-11: LOT LINE ADJUSTMENT: A. Standards: The City may approve the relocation of original lot lines as shown on a recorded plat; provided, however, that the following standards are met: 1. A relocation of the original lot lines does not reduce the building site below the dimensional standards prescribed by this Title, or any covenant pertaining to said plat. 2. The relocation of any lot lines does not change the original number of lots in any block, as shown on the recorded plat. 3. The relocation of original lot lines does not change or move any streets, easements or publicly-dedicated areas in any manner. 4. The applicant has prepared a record of survey plat or map showing the relocated lot lines which shall have received the approval of the City Engineer. 5. That prior to being submitted to the City for approval, the applicant will have obtained parcel numbers from the County Assessor. B. Date Of Application; Hearing: The date of an application shall be the date that the Administrator of Zoning and • Development Ordinanc required fee and all required pursuant to public hearing shall time thereafter, and after the receipt of ~s shall have received payment of the of the information in the manner as this Title. The date for any required be fixed by the City within a reasonable in no case later than sixty (60) days the application in its due form. Hearing ME3 12-3 (13) • and notice procedures shall be governed by Sections 11-15-5 and 11-15-6 of this Code, as it shall be amended from time to time, and by such rules and procedures as the City may adopt pursuant to this Chapter and this Title. C. Plat Or Map Endorsements; Preparation: 1. The plat or map required by subsection A4 above shall include the following endorsements: a. Certificate of lot owner(s) and acknowledgement. b. Certificate of surveyor. c. Certificate of City Engineer. d. County Recorder's certificate. 2. The map or plat shall be prepared on a stable base drafting film and shall comply with Idaho Code section 50-1304. Once recorded in the office of the Ada County Recorder, deeds will need to be written describing the new boundary per the original recorded subdivision plat plus reference to the record of survey. (Ord. 465, 3-17-1986) • ME3 • CHAPTER 4 DESIGN STANDARDS SECTION: 12-4--1: Minimum Design Standards Required 12-4--2: Streets 12-4--3: Pedestrian Walkways 12-4--4: Easements 12-4--5: Blocks 12-4--6: Lots 12-4--7: Planting Strips And Reserve Strips 12-4--8: Public Sites And Open Spaces 12-4--9: Protective Covenants 12-4-10: Fences 12-4-11: Lineal Open Space Corridors 12-4-12: Pedestrian And Bike Pathways 12-4-13: Piping Of Ditches !2R! 12-4-1: MINIMUM DESIGN STANDARDS REQUIRED: 12-4 (1) All plats submitted pursuant to the provisions of this Title, • and all subdivisions, improvements and facilities done, constructed or made in accordance with said provisions shall comply with the minimum design standards set forth hereinafter in this Chapter; provided, however, that any higher standards adopted by any Highway District, State Highway Department or health agency shall prevail over those set forth herein. (Ord. 430, 4-2-1984) 12-4-2: STREETS: A. Dedication: Within a proposed subdivision, arterial and collector streets as shown on the Comprehensive Plan shall be dedicated to the public in all cases; in general, all other streets shall also be dedicated to public use. B. Location: Street and road location shall conform to the location requirement of the Ada County Highway District (ACRD) or successor agency. (Ord. 430, 4-2-1984) C. Street And Road Specifications: 1. Street Right-of-Way Widths: Street right-of-way widths shall comply with the requirements of ACRD or any successor agency. Street and road right-of-way widths shall conform to the adopted major street plan or comprehensive development • plan and the rules of the State Department of Highways and the Highway District or Department having jurisdiction. Minimum right-of-way standards are as follows: Hiahway And Street TyAes Widths ME3 12-4 (2) • Expressway or freeway 160-260 feet Major arterial 80 feet Minor arterial 80 feet Collector street 60 feet Minor street 50 feet Noncontinuous residential street 40-46 feet Section line roads 80 feet (Ord. 592, 11-17-1992) 2. Street Grades: Street grades shall not exceed ten percent (10~) on either minor or collector streets, and six percent (6~) for arterial streets. The minimum grade of all streets shall be three-tenths of one percent (0.3g). 3. Street Alignment: Street alignment shall be as follows: a. Horizontal Alignment: When street lines deflect from each other by more than ten degrees (10°) in alignment, the center lines shall be connected by a curve having a minimum radius of five hundred feet (500') for arterial streets and three hundred feet (300') for collector streets. Between reverse curves on collector and arterial streets, there shall be a minimum tangent distance of two hundred feet (200'); and b. Vertical Alignment: Minimum stopping sight distances shall • be two hundred feet (200') for minor streets and designed in accordance with design speed for collector and arterial streets. D. Street Namesl: The naming of streets shall conform to the following: 1. Street names shall not duplicate any existing street name within the County, except where a new street is a continuation of an existing street; street names that may be spelled differently but sound the same as existing streets shall not be used; and 2. All new streets shall be named as follows: streets having predominantly north-south direction shall be named "Avenue" or "Road"; streets having a predominantly east-west direction shall be named "Street" or "Way"; meandering streets shall be named "Drive", "Lane" "Path" or "Trail" and cul-de-sacs shall be named "Circle", "Court" and "Place". E. Intersections: Intersections shall conform to the following: 1. Angle Of Intersection: Streets shall intersect at ninety degrees (90°) or as closely thereto as possible, and in no • case shall streets intersect at less than seventy degrees (70°) ; 1. See also subsection 8-2-5C of the City Code. ME3 12-4 (3) • 2. Sight Triangles: Minimum clear sight distance at all minor street intersections shall permit vehicles to be visible to the driver of another vehicle when each is one hundred feet (100') from the center of the intersection (see illustration in Section 12-12-2 of this Title); 3. Number Of Streets: No more than two (2) streets shall cross at any one intersection; 4. T Intersections: T intersections may be used wherever such design will not restrict the free movement of traffic; 5. Center Line Offsets: Street center lines shall be offset by a distance of at least one hundred twenty five feet (125'); and 6. Vertical Alignment Of Intersection: A nearly flat grade with appropriate drainage slopes is desirable within intersections. This flat section shall be extended a minimum of one hundred feet (100') each way from the intersection. An allowance of two percent (2~) maximum intersection grade in rolling terrain, and four percent (4~) in hilly terrain, will be permitted. (Ord. 430, 4-2-1984) F. Cul-De-Sacs: No street which ends in a cul-de-sac or a • dead-end shall be longer than four hundred fifty feet (450'). (Ord. 524, 4-3-1990) 12-4-3: PEDESTRIAN WALKWAYS: Right of way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (10') wide. (Ord. 430, 4-2-1984) 12-4-4: EASEMENTS: Unobstructed utility easements shall be provided along front lot lines, rear lot lines and side lot lines when deemed necessary; total easement width shall not be less than ten feet (10') Unobstructed drainageway easements shall be provided as required by the Council. (Ord. 430, 4-2-1984) 12-4-5: BLOCKS: Every block shall be so designed as to provide two (2) tiers • of lots, except where lots back onto an arterial street, natural feature or subdivision boundary. Blocks shall not be less than five hundred feet (500') nor more than one thousand feet (1,000') in length. (Ord. 430, 4-2-1984) 12-4 (4) ME3 • 12-4-6: LOTS: Lots shall conform to the following: A. Zoning: The lot width, depth and total area shall not be less than the requirements contained in the Zoning Title (Title 11 of this Code). B. Future Arrangements: Where parcels of land are subdivided into unusually large lots (such as when large lots are approved for septic tanks), the parcels shall be divided, where feasible, so as to allow for future resubdividing into smaller parcels. Lot arrangements shall allow for the ultimate extension of adjacent streets through the middle of wide blocks. Whenever such future subdividing or lot splitting is contemplated, the plan thereof shall be approved by the Commission prior to the taking of such action. C. Sufficient Area For Septic Tank: where individual septic tanks have been authorized, sufficient area shall be provided for a replacement sewage disposal system. (Ord. 430, 4-2-1984) D. Zero-Lot-Line Building Lots: 1. Yard Setbacks: In no case shall a zero-lot-line be allowed • adjacent to a property line which is not part of the development application. Only one zero-lot-line interior side yard per lot may be permitted in the R-8 Zone. A minimum distance of ten feet (10') shall be maintained between buildings or potential buildings on separate lots. 2. Easements: A perpetual six foot (6') wide maintenance/drainage easement shall be provided on the lot adjacent to the zero-lot-line property line which shall be kept clear of structures with the exception of fences, patios and slabs at grade. Roof overhangs and below grade foundation footings may penetrate the easement on the adjacent lot a maximum of twelve inches (12"), but shall be so designed that runoff from the dwelling placed on the lot line is limited to the easement area. The easement shall be shown on the development plan/plat and incorporated into each deed transferring the title to the property. (Ord. 465, 3-17-1986) 12-4-7: PLANTING STRIPS AND RESERVE STRIPS: Planting strips and reserve strips shall conform to the following: A. Planting Strips: Planting strips shall be required to be • placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement; and ME3 • B. Reserve Strips: 12-4 (5) 1. Reserve Strips, Private: Privately-held reserve strips controlling access from adjacent lands to streets shall be prohibited; however, 2. Reserve Strips, Public: A one foot (1') reserve may be required to be placed along half streets which are within the subdivision boundaries to ensure future dedication and construction of a full-width street, and such strip shall be deeded in fee simple to the City, County or Highway District for future street widening. (Ord. 430, 4-2-1984) 12-4-8: PUBLIC SITES AND OPEN SPACES: Public sites and open spaces shall conform to the following: A. Public Uses: Where it is determined that a proposed park, playground, school or other public use as shown on the future acquisition map, as authorized in Idaho Code section 67-6517, is located in whole or in part within a proposed subdivision, the Commission shall notify the appropriate public agency concerning the land proposed to be acquired. Within thirty (30) days of the date of notice, the public agency may request • the governing body to suspend consideration on the subdivision for sixty (60) days. If an agreement is not reached within sixty (60) days, the Commission shall resume consideration of the subdivision. B. Natural Features: Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision. C. Special Developments: In the case of planned unit developments and large scale developments, the Commission may require sufficient park or open space facilities of acceptable size, location and site characteristics that may be suitable for the proposed development. (Ord. 430, 4-2-1984) 12-4-9: PROTECTIVE COVENANTS: A. Protection To Future Property Owners: Protective covenants may be prepared and recorded as part of subdivision. This is usually done to provide protection to future property owners by establishing higher standards than required under other regulations. The provisions within protective covenants are • enforceable through civil action, and local government units shall not be required to enforce these provisions. B. Items Included: The Council shall review and approve subdivision restrictive covenants prior to recording. Protective covenants may include such things as: architectural ME3 12-4 (6) • committee, minimum building floor area, mobile home provisions, allowable livestock, location of recreational vehicles, commercial and industrial activity, number of dwelling units, maintenance of open space, private utility lines, allowable signing and amendment provisions. (Ord. 557, 10-1-1991) 12-4-10: FENCES: Please review the provisions of this Section with other fence regulations in Sections 3-11-7H8 and 8-4-5 of this Code for any conflicts, and so indicate if text changes are needed. Fences are permitted accessory uses in all districts and shall be regulated by the City Building Inspector. The following regulations shall govern the type, location, and construction of all fences. When a fence is erected not in conjunction with a building permit for a principal use or building, a separate permit is required. A. Electric Fences: Electric fences shall be prohibited within the corporate limits of the City. B. Barbed Wire Fences: Barbed wire may be permitted in • commercial and industrial districts only when used as the top section for security fences and shall be a minimum of seventy two inches (72") above grade to the bottom wire. C. Open-Vision Fences: Open-vision fences may be built to the property line in commercial and industrial districts D. walls, Latticework And Screens: For the purposes of this Section, walls, latticework, and screens shall be considered to be fences and shall be built and maintained in compliance with the provisions hereof. E. Unsightly Materials: The use of boxes, sheet metal, old or decayed wood, broken masonry blocks, or other like unsightly materials for fencing shall be prohibited. (Ord. 430, 4-2-1984) F. Residential And Limited Office Districts: Fences may be erected in all residential and limited office districts subject to the following: 1. Height Limitations: a. Solid or closed-vision fences to a height of thirty six inches (36"), or open-vision type fences to a height of forty • eight inches (48") may be built from the front of the dwelling unit to and including the front property line. Fences to a height of seventy two inches (72") may be built from the front of the dwelling unit to and including the rear property line; b. Any open-vision fence, wall, or planting on or within the ~., ME3 12-4 (7) • clear-vision triangle shall be limited to thirty six inches (36") in height measured from the crown of the street; and c. Solid or closed non-vision fences to a height of thirty six inches (36") or open-vision type fences to a height of forty eight inches (48") may be built along the front property line and along the side property line to the front of the dwelling unit, except that a fence of seventy two inches (72") in height may be built upon street and side property lines from the front of the dwelling to the rear property line, provided that no closed non-vision fence which exceeds thirty six inches (36") in height may be erected in the clear-vision triangle. 2. Construction On Berm: Any developer intending to construct a fence on top of a berm shall show the berm and the fence on the preliminary plat and shall include with the preliminary plat the design, placement, heights, specifications, and drawing of said fence. 3. Construction On Subdivision Boundary: Any developer intending to construct a boundary fence on the boundaries of a proposed subdivision shall show the fence on the preliminary plat and shall include with the preliminary plat the design, placement, height, specifications and drawing of said fence. • (Ord. 557, 10-1-1991) G. Permission; Conditions And Restrictions: The policy for the permission to and the conditions and restrictions imposed by the permission to construct and erect fences within public right of way is hereby established as follows: 1. Sidewalk Or Walkway: Where a sidewalk five (5) or more feet wide exists, an applicant may construct a fence immediately adjacent to the sidewalk on the dwelling side. When a sidewalk does not exist, the applicant must provide a reasonably level walkway not less than five feet six inches (5'6") wide if adjacent to a collector or arterial street, or four feet six inches (4'6") wide if adjacent to a local street, measured from the back of the curb or curb line. 2. Approval Of Design: The design of the fence shall receive prior approval by the City Building Inspector and must be built in compliance with such prior approval and in accordance with plans and specifications submitted. 3. Height: Fences shall not exceed four feet (4') in height in the front setback area or six feet (6') in height elsewhere on property to be fenced and shall otherwise comply with this Title. • 4. Materials: Regardless of the type of material used, fences shall be built of materials meeting Uniform Building Codel 1. See Title 10, Chapter 1 of the City Code. ME3 12-4 (8) requirements for structural stability, fire resistance, and safety. 5. Removal From Easements: Fences and all appurtenant structures or footings constructed on easements or public rights of way shall be removed at the expense of the property owner within thirty (30) days after proper notification by the City Building Inspector. 6. Liability Insurance: The applicant shall furnish and maintain liability insurance in which the City shall be named as the insured in the minimum amount of three hundred thousand dollars ($300,000.00) property damage to any one person, three hundred thousand dollars ($300,000.00) for personal injuries to any one person, and three hundred thousand dollars ($300,000.00) for personal injuries to persons per occurrence. 7. Property Owner Expense; Compliance With County Specifications: All work (such as grading, seeding, or paving between the proposed fence to be erected on public property and the curb or street travelway) shall be at the expense of the property owner and in accordance with the requirement and specification of the Ada County Highway District. 8. Permit Required: If the City Building Inspector approves • the application, the applicant must obtain a building permit from the Department of Building, ACRD or State DOT, as applicable, before commencing the construction or erection of said fence. 9. Permission Subject To Revocation: With or without notice, the right, privilege and permission to construct and erect a fence upon and within a public right of way is subject to revocation at the will of the City or owner of said right of way, and any expense incurred by the applicant in the construction and erection of a fence within the public right of way shall be done at the applicant's own expense and risk. 10. The applicant will, upon the approval of the City Building Inspector of the right, privilege and permission to so construct and erect a fence, execute an agreement that the applicant shall acquire no property or contractual right in and to such public right of way. whenever the City or Ada County Highway District, or State DOT deems it necessary as a proper police measure to vacate and revoke such fence permit, the applicant has no alternative but to comply with the order of revocation. H. Illustration: For an illustration of fence regulations, see Section 12-12-2 of this Title. (Ord. 430, 4-2-1984) • I. Maximum Fence Height In Each District: Subject to the other restrictions contained in this Section, the maximum fence heights in each zoning district shall be as follows: Zone Height C~ r, U ME3 12-4 (9) a. R-4, R-8, R-15, R-40 and L-0 6.0 feet b. C-N, C-C, C-G and RSC, OT and MUR* 8.0 feet c. THE, 2-L and M 8.0 feet *Provided however, in all cases in paragraph b where a fence greater than six feet (6') is proposed, the applicant for the fence building permit shall submit the request for permit to the Planning and Zoning Commission for design review. (Ord. 465, 3-17-1986) J. Variance Procedure: If an owner or applicant desires to obtain a variance from the provisions of this Section, it shall not be treated as a variance pursuant to the provisions of Title 11, Chapter 18 of this Code or Chapter 11 of this Title and the procedure for such a variance shall not be governed by the aforementioned two (2) Chapters. There shall be a special procedure for variances from these fence regulations which shall be as follows: (Ord. 524, 4-3-1990) 1. Contents Of Application For Variance; Fee: The owner or applicant shall file an application for a fence variance with the City Clerk which application shall state the following, and be accompanied by: a. Address of subject property. b. Name, address and phone number of applicant. c. Name, address and phone number of owners of the subject property. d. Proof of ownership. e. Legal description of subject property. f. Present use of subject property. g. Zoning of the subject property. h. Schematic drawing of the building and proposed fence. i. List of the mailing addresses of all property owners (from authentic tax records of Ada County) within two hundred feet (200') of the external boundaries of the land being considered. j. Minimum requirements of this Title that need to be reduced to permit the proposed fence. k. An application fee established by resolution of the Council. (Ord. 524, 4-3-1990; amd. Ord. 557, 10-1-1991) 2. Hearing; Notice: Upon receipt of the fence variance application, the Zoning Administrator shall set a hearing and see that notice is mailed by first class mail to all owners of property within two hundred feet (200') of the radius of the ME3 12-4 (10) • subject property, which hearing shall be held not sooner than fifteen (15) days after the mailing of the required notice and not more than thirty (30) days after mailing of the required notice. The notice of hearing does not need to be published in the official newspaper. 3. Fence Variance Committee: The hearing established by this subsection shall be conducted by the fence variance committee which committee shall be comprised of the City Engineer, the Meridian Police Chief, one Councilmember and one Planning and Zoning member. A quorum of said committee shall be a minimum of three (3) members of the committee. 4. Committee Action: Upon hearing the request for the fence variance, the committee shall either approve or deny or approve with conditions, the application for fence variance. No written findings of fact shall be required but a written decision shall be written to the applicant and to any party requesting written notification of the decision at the hearing. 5. Appeal: Any aggrieved party may appeal the decision of the committee directly to the City Council pursuant to subsection 11-15-7A of this Code. (Ord. 524, 4-3-1990) • 12-4-11: LINEAL OPEN SPACE CORRIDORS: A. Determination; Purposes: The extent and location of lands designed for linear open space corridors should be determined largely by natural features and, to a lesser extent, by manmade features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi-improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; 3. To play a major role in conserving area scenic and natural values, especially waterways, drainageways and natural habitat; 4. To buffer more intensive adjacent urban land uses; • 5. To enhance local identification within the area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities. ME3 12-4 (11) • B. Location Shown On Plats Or Plans: Subdivision plats or development plans shall show the location of any lineal open space corridors. (Ord. 430, 4-2-1984) 12-4-12: PEDESTRIAN AND BIKE PATHWAYS: Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobiles) can be provided throughout the City Urban Service planning area. The Commission and Council shall consider the Bicycle-Pedestrian Design Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments. (Ord. 430, 4-2-1984) 12-4-13: PIPING OF DITCHES: A. Tiling Of Irrigation Ditches, Laterals Or Canals: 1. Requirement To Cover And Enclose: 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 with tiling or other covering equivalent in ability to detour access to said ditch, lateral or canal. 2. Waive Requirement To Cover: The City may waive the 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. 3. Prior Approval Of Irrigation District: Any covering program involving the distribution system of any irrigation district shall have the prior approval of that affected district. 4. Plat Approval Restriction: No subdivision plat shall be approved where the subdivision is arbitrarily or artificially laid out to avoid being adjacent to any waterway, irrigation ditch, lateral or canal to which it would otherwise be naturally adjacent or which it would otherwise naturally include. B. Impeding Movement Of Water Prohibited: In the tiling of any irrigation or drainage ditch not within the jurisdiction of an irrigation or drainage district, such tiling 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/cleanout boxes at a maximum of four hundred feet (400') spacing and at all angle points of the pipeline. ME3 12-4 (12) • Sterling added above-bolded text for clarification. Does the City agree with suggested addition of text? Response: Yes , No Change as follows: C. Boundary Line Ditches; Agreement With Landowner; Payment Of Costs: Where the ditch under consideration is on the boundary between the land being developed and adjacent land not owned by the 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 landowner to the the ditch and attempt to have the adjacent landowner share in the cost of the tiling. If the adjacent landowner is unwilling to cooperate in sharing the cost of the tiling but willing to allow the use of his land for tiling, the developer shall the the ditch at his sole cost. If the adjacent landowner 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 the 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. (Ord. 592, 11-17-1992) • 12-5 (1) ME3 • CHAPTER 5 IMPROVEMENT STANDARDS SECTION: 12-5-1: Responsibility For Plans 12-5-2: Improvements, Public 12-5-3: Guarantee Of Completion Of Improvements 12-5-4: Issuance Of Building Permit 12-5-5: Penalty For Failure To Complete Construction !2R! 12-5-1: RESPONSIBILITY FOR PLANS: A. Installation Of Improvements: 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 specifically including the requirements of this Subdivision and Development Title, 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. B. Authority To Withhold Permits Or Certificates: 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 this Title have not been constructed or installed, or if such improvements are not functioning properly. C. Subject To Penalties: The developer and the owner shall also be subject to the penalties of this Titles. (Ord. 592, 11-17-1992) 12-5-2: IMPROVEMENTS, PUBLIC: Every subdivider shall be required to install at his own expense the following public and other improvements in accordance with the conditions and specifications, as follows: A. Monuments: Monuments shall be set in accordance with Idaho Code section 50-1303. • B. Streets And Alleys: All streets and alleys shall be constructed in accordance with the standards and specifications adopted by the City Council and Highway 1. See Section 12-2-5 of this Title. ME3 • District. 12-5 (2) C. Curbs And Gutters: Vertical curbs and gutters shall be constructed on collector and arterial streets. Rolled curbs and gutters shall be required on minor streets. All construction shall be in accordance with the standards and specifications adopted by the Ada County Highway District and the City Council. D. Bicycle Pathways: Bicycle pathways shall be encouraged within all subdivisions, as part of the public right of way or separate easement, as may be specified in an overall bicycle plan as adopted by the Ada County Highway District and the City Council. E. Installation Of Public Utilities: Underground utilities are required and subject to the Council-adopted policies and ordinances. F. Driveways: All driveway openings in curbs shall be as specified by the Public Works Department, Highway District or State Highway Department. G. Storm Drainage: An adequate storm drainage system shall be required in all subdivisions. The requirements for each • particular subdivision shall be established by the Council. Construction shall follow the specifications and procedures established by the Council, and management practices outlined in the Urban Runoff Control Handbook of the area-wide waste treatment management (208) plan. H. Public Water Supply And Sewer Systems: 1. Compliance With Local Plans: All public water supply or sewer systems (serving one or more separate premises or households) shall be constructed in accordance with any adopted local plans, specifications and codes. 2. Extensions Of Existing Systems: All or sewer systems shall be an extension system whenever possible. In the event water supply or sewer system is not an existing public system, there shall be subdivider that the extension is not f best interest of the public. new public water supply of an existing public the proposed public extension of an a showing by the =_asible and not to the 3. Submission Of Plans To State: Idaho Code section 50-1326 requires that all water and sewer plans be submitted to the State Department of Health and Welfare, Division of Environment, or its authorized agent for approval. • I. Fire Hydrants And Water Mains: Adequate fire protection shall be required in accordance with the appropriate fire district standards. J. Street Name Signs; Fee: Street name signs shall be ME3 12-5 (3) • installed in the appropriate locations at each street intersection in accordance with the local standards. The required fee per street sign shall be paid by the subdivider. K. Sidewalks And Pedestrian Walkways: Five foot (5') sidewalks shall be required on both sides of the street, except where the average width of lots, as measured at the street frontage line or at the building setback line, is over one hundred feet (100'), sidewalks on only one side of the street may be allowed. Pedestrian walkways, when required, shall have easements at least ten feet (10') in width and include a paved walk at least five feet (5') in width. Sidewalks and crosswalks shall be constructed in accordance with the standards and specifications as adopted by the Council. L. Greenbelt: Greenbelts or landscape screening may be required for the protection of residential properties from adjacent major arterial streets, waterways, railroad rights of way or other features. Subdivision plats shall show the location of any greenbelt areas. (Ord. 430, 4-2-1984) M. Street Lighting: 1. Boise Lighting Ordinance Adopted By Reference: The City of Boise Lighting Ordinance is hereby adopted by this reference • as authorized by law. Three (3) copies of Boise Lighting Ordinance shall be maintained and on file in the office of the City Clerk. 2. Yard Light Installation Required: In the event the above street lighting requirements are waived in the case of an R-4 single-family dwelling development or subdivision, the developer and lot owner shall be responsible for ensuring that there is a yard light installed in the front yard of each house in said development; that the yard light shall be controlled by a photo-electric cell which causes the yard light to come on and shut off automatically and said yard light shall be electrically wired directly to the residence's electrical breaker panel and comply with the National Electrical Codel. 3. Street Lights Shown On Plan: Every subdivider shall show on his development plan where each street light is to be placed in the subdivision. (Ord. 557, 10-1-1991) N. Pressurized Irrigation SystemZ: 1. System Installation Required: In each subdivision the subdivider shall provide by underground tile, or other 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 1. See Title 10, Chapter 3 of the City Code. 2. See also Section 9-1-28 of the City Code. ME3 12-5 (4) • same time as the domestic water lines, but shall not necessarily be in the same trenches. 2. Cross-Connections Prohibited: There shall be no cross-connections between the domestic water lines and the irrigation water lines that do not comply with Title 9, Chapter 3 of the City Code. 3. Approval By City Engineer; Waiver Of Requirements: 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. 4. System Provided By City: Also, the above requirement may be waived if the subdivider either a) 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 b) 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. (Ord. 592, 11-17-1992) 12-5-3: GUARANTEE OF COMPLETION OF IMPROVEMENTS: The owner of the property being subdivided shall grant to the City a lien to secure the placement and construction and completion of all improvements required under Section 12-5-2 of this Chapter, or any other requirements made by the Council prior to final plat. The lien shall be granted by the owner of the property and shall be filed with the Administrator prior to the City's approval of the final plat. If the owner and/or developer do not complete the required public improvements, the City may do so and foreclose its lien given by the owner. The City may, if it sees fit, require the owner and/or developer to provide financial guarantees in one, or a combination, of the following arrangements for those requirements which are over and beyond the requirements of any other agency responsible for the administration, operation and maintenance of the applicable public improvement: A. Surety Bond: • 1. Accrual: The bond shall accrue to the City covering construction, operation and maintenance of the specific public improvement. 2. Amount: The bond shall be in an amount equal to one hundred twenty percent (120) of the total estimated cost for ME3 12-5 (5) • completing construction of the specific public improvement, as estimated by the City Engineer and approved by the Council. 3. Term Length: The term length in which the bond is in force shall be for a period to be specified by the Council for the specific public improvement 4. Bonding For Surety Company: The bond shall be with a surety company authorized to do business in the State of Idaho, acceptable to the Council. 5. Escrow Agreement: The escrow agreement shall be drawn and furnished by the Council. B. Cash Deposit, Certified Check, Negotiable Bond, Or Irrevocable Bank Letter Of Credit: 1. Treasurer, Escrow Agent Or Trust Company: A cash deposit, certified check, negotiable bond or an irrevocable bank letter of credit or such surety acceptable by the Council shall be deposited with an escrow agent or trust company. 2. Dollar Value: The dollar value of the cash deposit, certified check, negotiable bond or irrevocable bank letter of credit shall be equal to one hundred ten percent (110) of the • estimated cost of construction for the specific public improvement, as estimated by the City Engineer and approved by the Council. 3. Escrow Time: The escrow time for the cash deposit, certified check, negotiable bond or irrevocable bank letter of credit shall be for a period to be specified by the Council. 4. Progressive Payment: In the case of cash deposits or certified checks, an agreement between the Council and the subdivider may provide for progressive payment out of the cash deposit or reduction of the certified check, negotiable bond or irrevocable bank letter of credit, to the extent of the cost of the completed portion of the public improvement, in accordance with a previously entered into agreement. (Ord. 524, 4-3-1990) 12-5-4: ISSUANCE OF BUILDING PERMIT: A building permit for the construction of a dwelling or building or structure may be allowed prior to completion of all improvements required by Chapter 4 of this Title and this Chapter only upon providing a guarantee of completion of improvements as authorized by subsection 12-5-3B of this • Chapter, in the form of a cash deposit, certified check, negotiable bond or an irrevocable bank letter of credit, all of which must be acceptable to the City. (Ord. 524, 4-3-1990) 12-5-5: PENALTY FOR FAILURE TO COMPLETE CONSTRUCTION: ME3 12-5 (6) • In the event a subdivider and/or owner shall, in any case, fail to complete the public improvements required as a condition of the final plat in the time period required, it shall be the responsibility of the Council to proceed to have such work completed either by foreclosing its lien or, in the event financial guarantees have been required, to pursue the remedies provided by those financial guarantees. (Ord. 524, 4-3-1990) • • ME3 • CHAPTER 6 PLANNED DEVELOPMENT SECTION: 12-6-1: Purpose 12-6-2: Applicability 12-6-3: Categories 12-6-4: Procedures 12-6-5: Modification Of District 12-6-6: General Regulations 12-6-7: General Standards 12-6-8: Design Standards !2R! 12-6-1: PURPOSE: Regulations The City's policy is to encourage developers of land development and construction projects to utilize the provisions of this Chapter to achieve the following: 12-6 (1) A. A development pattern in accord with the goals, objectives and policies of the Comprehensive Plan; • B. A development pattern which preserves and utilizes natural topographic and geologic features, scenic vistas, trees and other vegetation and which maintains natural drainage patterns; C. A maximum choice of living environments which allows a variety of housing and building types, which permits an increased density per acre, and which allows a reduction in lot dimensions, yards, building setbacks and area requirements; D. A more useful pattern of open space, parks and recreation areas; E. A more convenient pattern of commercial, residential and industrial uses as well as public services which support such uses; F. A more efficient use of land and reduced costs of streets and utilities than is generally achieved through conventional subdivisions; G. A development pattern which preserves neighborhood development and stability and encourages a socioeconomic mixture of people within a given environment; and • H. A development that encompasses maximum site design flexibility. (Ord. 430, 4-2-1984) 12-6-2: APPLICABILITY: 12-6 (2) ME3 • Whenever there is a conflict or difference between the provisions of this Chapter and other sections of this Title, the provisions of this Chapter shall prevail. Subjects not covered by this Chapter shall be governed by the respective provisions found elsewhere in this Title. (Ord. 430, 4-2-1984) 12-6-3: CATEGORIES: The City shall provide A. Planned Development B. Planned Development C. Planned Development D. Planned Development 12-6-4: PROCEDURES: for four (4) PD categories: Residential (PD-R); Commercial (PD-C); Industrial (PD-I); and General (PD-G). (Ord. 430, 4-2-1984) Any person as the agent, or agent for the owner of any property within the City, may apply for planned development approval. All applicants shall follow the procedures as • provided in Chapter 3 of this Title. In addition, the developer shall provide the Council with a colored rendering of adequate scale to show the completed development that will include at least the following: A. Architectural style and building design; B. Building materials and color; C. Landscaping; D. Screening; E. Garbage areas; F. Parking; and G. Open space. (Ord. 430, 4-2-1984) 12-6-5: MODIFICATION OF DISTRICT REGULATIONS: A PD shall be allowed only as a conditional use in each district subject to the standards and procedures set forth in this Chapter. A PD shall be governed by the regulations of the district or districts in which said PD is located. The approval of the final development plan for a PD may provide for such exceptions from the district regulations governing use, density, area, bulk, parking, signs, and other regulations as may be desirable to achieve the objectives of the proposed PD, provided such exceptions are consistent with ME3 12-6 (3) • the standards and criteria contained in this Chapter. (Ord. 430, 4-2-1984) 12-6-6: GENERAL REGULATIONS: A. Subject To Zoning Regulations: Planned developments shall be subject to requirements set forth in the Zoning Title (Title 11 of this Code) and also subject to all provisions within this Title. B. Acreage Not Limited: A planned development shall not be required to contain a minimum number of acres. C. Owners' Association: The owners' association bylaws and other similar deed restrictions, which provide for the control and maintenance of all common areas, recreation facilities or open space, shall meet with the approval of the Council. D. Development Plan And Covenants Approval: Issuance of certificate of zoning and building permits shall be granted only after development plan and covenants have been approved by the Council. E. Conditions Run With Land: Any conditions attached to a • final development plan shall run with the land and shall not lapse or be waived as the result of any subsequent change in the tenancy or ownership of any or all said lands. Such conditions shall be deemed as requirements for the issuance of the certificate of occupancy for any use or structure. F. Change Of PD: No change in the approved final development plan shall be permitted without prior approval of the Council except that minor changes in the location, siting, and height of buildings and structures may be authorized by the Building Inspector as required by engineering or other circumstances not foreseen at the time of plan approval. However, no such minor changes may increase the volume of any building or structure by more than ten percent (10~) or increase the gross density of the PD. G. Bonus Density: The developer is responsible for documentation of the change. The following bonus densities may be granted within a planned development, but shall not be treated as cumulative: 1. Provision for private, common open space in a PD shall be considered cause for density increases not to exceed twenty five percent (25~). • 2. Character, identity, and siting variation incorporated in a PD shall be considered cause for density increases not to exceed twenty five percent (25~). Factors which are deemed to make a substantial contribution to such character, identity and siting variation include, but are not limited to, the following: ME3 12-6 (4) • a. Landscaping: Streetscape, open space and plaza use of existing landscape; pedestrian and bicycle ways and recreational areas; b. Siting: Visual focal points, use of existing physical features such as topography, creeks, view, sun and wind orientation, circulation pattern, physical environment, variation in building setbacks, building groups such as clustering; and c. Design Feature: Street sections, architectural styles, harmonious use of materials, parking areas broken by landscape features, and varied use of dwelling types and heights. 3. Publicly-dedicated land in a PD shall be considered cause for density increases not to exceed twenty five percent (25~) for facilities such as school, library, fire station, park, recreational facility. 4. Density increases, not to exceed twenty five percent (25~), shall be considered when environmentally sensitive areas (creeks, wetlands, wooded areas) have been preserved in their natural state. H. Financial Guarantees: The developer shall post financial • guarantees for all approved on-site improvements if required pursuant to Section 12-5-3 of this Title. (Ord. 430, 4-2-1984) 12-6-7: GENERAL STANDARDS: A. Accessibility Of Site: All proposed streets, alleys, and driveways shall be adequate to serve the residents, occupants, visitors, or other anticipated traffic of the PD. Design elements shall be incorporated to discourage public through- traffic. Entrance points of streets, alleys, and driveways on previously existing roadways shall be subject to the approval of the Ada County Highway District. On-site vehicular circulation and parking shall be designed for adequate fire and police protection and shall be adequate to serve the uses located in the proposed development. If it is determined that additional traffic-control devices or other traffic-regulating improvements are required, the developer shall be responsible for the cost of such improvements. B. Roadways: Design and dimensional standards for roadways shall be subject to standards set by the City Council. C. Off-Street Parking: Off-street parking shall be conveniently accessible to all dwelling units and/or other • uses. Where appropriate, common driveways, parking areas, walks, and steps may be provided, maintained, and lighted for night use. Design and dimensional standards for off-street parking shall be subject to provisions set forth in Title 11, Chapter 13 of this Code. ME3 12-6 (5) • D. Utilities: All PDS shall provide underground installation of utilities (including street lights, water, sanitary sewers, storm sewers, electricity, gas, and telephone) in either the public right of way or utility easements. Provisions shall also be made for design and construction of adequate storm sewer facilities pursuant to review by the City Engineer and the Ada County Highway District. E. Open Space: All open space delineated or approved as common open space shall meet the following applicable standards: 1. The location, size and shape of the common open spaces shall be suitable for the use proposed and shall enhance the common enjoyment of recreational pursuits, or provide visual, aesthetic, or environmental amenities. 2. Common open space shall be suitably improved for its intended use, except that common space containing natural features worthy of preservation may be left unimproved. Structures and improvements to be located in or adjacent to the common open space shall serve to enhance the amenities of the common space and have regard for the topography and natural features of the common open space. 3. The development schedule shall coordinate the improvements • of the common open space with the construction of the buildings, structures and other improvements in the PD. At the discretion of the Council, a dedicated fund shall be established by the developer and contributed to at the time of unit sales to ensure the future improvement of the open space. 4. Land shown on the final development plan as common open space may be conveyed to a public body (if said public body agrees to accept conveyance) to maintain the common open space and improvements placed thereon. In lieu of public dedication, it shall be conveyed to an owners' association or similar organization for the purpose of owning and maintaining said common area and improvements thereon. 5. The total area of all common open space shall equal or exceed ten percent (10~) of the gross land area of the PD. 6. Common open space shall mean land area exclusive of street rights of way, buildings, parking areas, structures, and appurtenances except those improvements which are accessible and available to all occupants of the private units within the PD. F. Landscaping: • 1. Screening of off-street parking, loading, and waste storage areas shall be required. 2. Screening shall be required as a buffer between residential and nonresidential uses or structures in a PD. ME3 u • 3. All ground surfaces vegetative cover growth preventing soil erosion conditions. 12-6 (6) in a PD shall be covered with a or other ground treatment capable of under normal surface runoff G. Irrigation Facilities And Drainage Systems, Natural Streams And Drainageways: Modification of existing irrigation and drainage systems, as well as natural streams and drainageways, shall be minimized, and shall not materially alter the natural or existing configuration or impair the normal operation thereof. H. Design Review: All PDs shall be subject to design review by the City staff and Council. (Ord. 430, 4-2-1984) 12-6-8: DESIGN STANDARDS: A. Residential (PD-R): 1. Storage Areas: Storage areas shall be provided for the anticipated needs of boats, campers and trailers. For typical residential development, one adequate space shall be provided every two (2) living units. This may be reduced by City action if there is a showing that the needs of a particular development are less. 2. Parking Space: One additional parking space beyond that which is required by the Zoning Title (Title 11 of this Code) may be required for every three (3) dwelling units to accommodate visitor parking. 3. Maintenance Building Or Approved Area: A maintenance building or approved area shall be provided that is suitable for the services required for the repair and maintenance of all common areas. B. Commercial (PD-C): 1. Buffering And Screening: when commercial structures or uses in a PD-C abut a residential use, sight-restricting screening or buffering shall be provided. In no event shall any structure in a PD-C be located nearer than twenty feet (20') to a residential use. Off-street loading and waste storage areas shall be visually screened on all sides. 2. Lighting: Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas. 3. Design of Site: A PD-C shall be designed to harmonize with • adjacent uses as to height, bulk, location, a use of exterior materials. Sides and rears of all buildings shall be given treatment comparable in attractiveness to their principal frontage. Pedestrian walks, plazas, and open spaces shall be located to provide maximum accessibility among the various buildings of the PD-C. Open spaces shall be so located as to C n U ME3 12-6 (7) provide for maximum visibility by customers and to create a harmonious relationship between buildings and exterior spaces throughout the project. C. General (PD-G): 1. PD-G shall be subject to all applicable standards as set forth in this Chapter with each land use conforming to the PD criteria for said land use. 2. All developments within mixed use review areas shall be developed as a PD-G. (Ord. 430, 4-2-1984) • ME3 . CHAPTER 7 MOBILE HOMES SECTION: 12-7-1: Provisions Referenced !2R! 12-7-1: PROVISIONS REFERENCED: 12-7 (1) See Title 3, Chapter 11 of the City Code for "Mobile Home Parks". (Ord. 430, 4-2-1984) • • ME3 12-8 (1) • \J CHAPTER 8 CEMETERY SUBDIVISION SECTION: 12-8-1: Function 12-8-2: Compliance with Idaho Code !2R! 12-8-1: FUNCTION: The developer shall provide the Commission with written documentation that will sufficiently explain the functions of the proposed cemetery for either human or animal remains. (Ord. 430, 4-2-1984) 12-8-2: COMPLIANCE WITH IDAHO CODE: The developer shall submit a written statement that has been prepared by an attorney that adequately assures the compliance of the proposed cemetery with the procedural management requirements that are outlined in Idaho Code title 27. (Ord. 430, 4-2-1984) ~J ME3 • CHAPTER 9 FLOODPLAIN SUBDIVISION SECTION: 12-9-1: Development Plan Required 12-9-2: Flood Elevation Requirements 12-9-3: Justification For Development 12-9-4: Increased Flood Flows Prohibited 12-9-5: Review Of Subdivision !2R! 12-9-1: DEVELOPMENT PLAN REQUIRED: 12-9 (1) For any proposed subdivision that is located within a floodplain, the developer shall provide the Commission with a development plan of adequate scale and supporting documentation that will show and explain at least the following: A. Location of all planned improvements. B. The location of the floodway and floodway fringe per • engineering practices as specified by the Army Corps of Engineers. C. The location of the present water channel. D. Any planned rerouting of waterways. E. All major drainageways. F. Areas of frequent flooding. G. Means of floodproofing buildings. H. Means of ensuring loans for improvements within the floodplain. (Ord. 430, 4-2-1984) 12-9-2: FLOOD ELEVATION REQUIREMENTS: New construction and substantial improvements of residential structures within the floodplain shall have the lowest floor (including basement) elevated above the level of the 100-year flood; and, for new construction or substantial improvements of nonresidential structures, the lowest floor (including basement) shall be elevated one foot (1') or more above the level of the 100-year flood. Attendant utility and sanitary • facilities shall be floodproofed up to the level of the 100-year flood. (Ord. 430, 4-2-1984) 12-9-3: JUSTIFICATION FOR DEVELOPMENT: ME3 12-9 (2) • • or property; will not have adverse effects on the safety, use or stability of a public way or drainage channel or the natural environment; and has been approved by any other property owner affected by such alteration. (Ord. 430, 4-2-1984) Upon the determination that buildings are planned within the floodplain or that alternatives of any kind are anticipated within the floodplain area that will alter the flow of water, the developer shall demonstrate conclusively to the Council that such development will not present a hazard to life, limb, 12-9-4: INCREASED FLOOD FLOWS PROHIBITED: No subdivision or part thereof shall be approved if levees, fills, structures or other features within the proposed subdivision will individually or collectively significantly increase flood flows, heights or damages. If only a part of a proposed subdivision can be safely developed, the Council shall limit development to that part and shall require that development proceed consistent with that determination. (Ord. 430, 4-2-1984) 12-9-5: REVIEW OF SUBDIVISION: Subdivisions shall be reviewed to assure that: A. All such proposals are consistent with the need to minimize flood damage. B. All public utilities and facilities, such as sewer, gas, electrical and water systems, are located and constructed to minimize or eliminate flood damages. C. Adequate drainage is provided so as to reduce exposure to flood hazards. (Ord. 430, 4-2-1984) ME3 • CHAPTER 10 VACATIONS AND DEDICATIONS SECTION: 12-10-1: Application Procedure 12-10-2: Commission And Council Action !2R! 12-10-1: APPLICATION PROCEDURE: 12-10 (1) A. Application: Any property owner desiring to vacate an existing subdivision, public right of way or easement shall complete and file an application with the Administrator. These provisions shall not apply to the widening of any street which is shown on the Comprehensive Development Plan, or the dedication of streets, rights of way or easements to be shown on a recorded subdivision. B. Administrator Action: Upon receipt of the completed application, the Administrator shall affix the date of application acceptance thereon. The Administrator shall place the application on the agenda for consideration at the next regular meeting of the Commission which is held not less than • fifteen (15) days after said date of acceptance. (Ord. 430, 4-2-1984) 12-10-2: COMMISSION AND COUNCIL ACTION: A. Commission Recommendation: The Commission shall review the request and all agency responses and make a recommendation to the Council for either approval, conditional approval, or denial. B. Council Action: 1. Hearing; Notice: When considering an application for vacation procedures, the Council shall establish a date for a public hearing and give such public notice as required by law. The Council may approve, deny or modify the application. Whenever public rights of way or lands are vacated, the Council shall provide adjacent property owners with a quit- claim deed for the vacated rights of way in such proportions as are prescribed by law. 2. Street Improvements; Bond: When considering an application for dedication procedures, the Council may approve, deny or modify the application. When a dedication is approved, the • required street improvements shall be constructed or a bond furnished assuring the construction, prior to acceptance of the dedication. To complete the acceptance of any dedication of land, the owner shall furnish to the Council a deed describing and conveying such lands to be recorded with the County Recorder. ME3 12-10 (2) • C. County Highway District Approval: Vacations and dedications of rights of way for public streets must be in conformity with the policies of, and approved by, the Ada County Highway District. (Ord. 430, 4-2-1984) • • ME3 • CHAPTER 11 VARIANCES SECTION: L • 12-11-1: Purpose 12-11-2: Findings 12-11-3: Application 12-11-1: PURPOSE: For Variance; Procedure !2R! 12-11 (1) The Council, as a result of unique circumstances (such as topographic - physical limitations or a planned unit development), may grant variances from the provisions of this Title on a finding that undue hardship results from the strict compliance with specific provisions or requirements of this Title or that application of such provision or requirement is impracticable. (Ord. 430, 4-2-1984) 12-11-2: FINDINGS: No variance shall be favorably acted upon by the Council unless there is a finding, as a result of a public hearing, that all of the following exist: A. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Title would clearly be impracticable or unreasonable. In such cases, the subdivider shall first state his reasons in writing as to the specific provision or requirement involved. (Ord. 430, 4-2-84) B. That strict compliance with the requirements of this Title 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 Title unreasonable under the circumstances, or that the conditions and requirements of this Title will result in inhibiting the achievement or objectives of this Title. (Ord. 592, 11-17-1992) C. That the granting of the specified variance will not be detrimental to the public welfare or injurious to other property in the area in which the property is situated. D. That such variance will not violate the provisions of the Idaho Code. E. That such variance will not have the effect of nullifying the interest and purpose of this Title and the Comprehensive Development Plan. (Ord. 430, 4-2-1984) • • ME3 12-11 (2) 12-11-3: APPLICATION FOR VARIANCE; PROCEDURE: A. Application: An applicant desiring a variance shall complete and file an application with the Administrator. B. Procedure: The variance procedure shall follow requirements contained in Title 11, Chapter 18 of this Code. (Ord. 430, 4-2-1984) C~ ME3 • CHAPTER 12 ILLUSTRATIONS SECTION: 12-12-1: Building Setback Lines; Lot Depth 12-12-2: Fences !2R! 12-12-1: BUILDING SETBACK LINES; LOT DEPTH: 12-12 (1) See the following pages for the illustrations of building setback lines and lot depth. (Ord. 430, 4-2-1984) 12-12-2: FENCES See the following pages for the illustrations of fence regulations. (Ord. 430, 4-2-1984) • n U MF3 12-12 (2) s~~c~on ~~-~~~Building -- Principal and Accessory BUILDING SETBACK LINES Lot Depth Yards _ STREET SIDEWALK RIGHT-OF WAY LINE ~~~^ ~~~~~~ ~~~o~vi FRONT LOT LINE o r ~ z BUILDING SET BACK LINE o ~ ~- - - - I - I I II I SIDE YARD • SIDE YARD III I II ' • z ~ J ACCESSORY BU ILDING o ~ PRINCIPAL DUILDING ~ ° J ~ W ~ W O ~- ~ _ ' N ~ ~ 0 O ~ G ~ o r J c ¢ _ ~ L07 WIDTH I ~ - -_ ~ si~or-~a~~~~~ ^ ^®~ - - UTILI'Y .ASEMENT~ REAR LOT LIN~ • ME3 Sectioa 12-12-1 LOT DEPTH (Dimensions included are only for illustrative purposes and are not part of the Meridian Zoning and Development Ordinance.) REAR LOT LINE 154 FT. • .~ 0 ~~ ~c .a r, Z~ 1 `o ~~ 10 ~_ ,~O 1, ~,~.~. ~~ w z °~ I ~_ 0 N 12-12 (3) ,~ 90° ------- FRONT LOT L BUILDING SETBACK LINE I • ME3 12-12 (4) Section 12-12-2 CITY OF MERIDIAN Fence Rego lation property floe 72~dlanStrset (~\J i ~ \ 6' Solid or Open Fence ~.n ~ Behind Set Back Property Ltne y ;alllli r l iI X Property II ~ r Line .i ! I. ri ~ '~~ i / \ II ~i ~' ~ 20' Setback a ~ q~ x 4' round 3' Solid Fence '~~u ~ 9 or 4' O~Pe Fence /~/ ,,/Sttee~ area In Front of Setback~~~ u..~ ~ Leave ODen Access ~ to Water Meters, • Fence RegUlatlOn Fire Hydrant, Power Transformers, etc. CORNER l0T ~ _ 6' Wood, Solid or Open Fence i Property Line ~ it ~I ~~~ I ' ~!~ ~.,, ® '~ ~ / / ~~ 3' Waod or Solid Fence ~ or 4' Open Fence 20' Setback ' Wood or Solid Fence or 4' ODen Fence ~' tee S~ >ite Triangle 3' chain Link \ / or Open Fence fig' x -46- Leave Open Access to Water Meters, Fire Hydrant. Power Transformers, etc. EXHIBIT "D"