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03-1006 City Code Definitions Zoning Regs CITY OF MERIDIAN ORDINANCE NO, 03- ¡/JOG BY: /a1n/'h1d¿Wtud.- AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING SECTION 2 OF CHAPTER 2 OF TITLE 11 OF THE MERIDIAN CITY CODE BY THE ADDITION AND/OR DELETION OF LANGUAGE DEFINING CERTAIN TERMS IN THE ZONING REGULATIONS ORDINANCE; PROVIDING VALIDITY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1: That Section 2 of Chapter 2 of Title II, be, and the same is hereby amended by adding and/or deleting language pertaining to the definitions of terms in the zoning regulations ordinance, and the same shall read as follows: 11-2-2: DEFINITIONS: Accessory Use or Structure: A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. An accessory use or structure does not alter the essential characteristics of the principal permitted use and does not include a building which is defined herein as a "dwelling unit". Administrator: A designated member of the City staff who is appointed by the Mayor, and is confirmed by the Council, to administer this Ordinance. Aesthetic: Those qualities of a development or natural feature which contribute to a pleasant environment. AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 1 Agriculture: The use of land for farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, animal and poultry husbandry and the necessary accessory uses for packing, treating or storing the produce, provided, however, that: A. The operation of any such accessory uses shall be secondary to that of normal agricultural activities; and B. The above uses shall not include the feeding or sheltering of animals or poultry in penned enclosures within one hundred feet (100') of any residential zoning district. Agriculture does not include the operation or maintenance of a commercial stockyard or feed yard w here large numbers 0 fl ivestock are fed concentrated feeds, particularly for the purpose of fattening for market. Alley: A public or private way with an improved driving surface of not less than sixteen feet (16') nor more than twenty feet (20') wide and with a platted width not wider than necessary to accommodate said driving surface, drainage, utilities, fencing and appurtenant facilities, affording only secondary means of access to abutting property at the back or side of a property. Allowed Uses: Same as the definition of permitted use. Amenity: Attractive, pleasant or agreeable qualities associated with the design of a development or buildings and equipment. Apartment: A room or suite of rooms in a multiple family structure which is arranged, designed or used as a single housekeeping unit and has complete and permanently installed kitchen and bathroom facilities. Apartment House: Any building, or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied as the home or residence of three (3) or more families living independently of each other and doing their own cooking in said building. Apparel Manufacturing: A facilitv involved in the manufacturing of articles of clothing. Appeal: A request for a rehearing or reconsideration or a request to a higher authority for a change of the decision on the application, usually because said application has been denied or approved with the conditions by the Administrator, Commission or Council. This Ordinance sets forth the procedure which must be following in the filing of an appeal. A time element is stated, and t he applicant must take action within this period. AMENDMENT TO ZONING ORDINANCE TITLE II CHAPTER 2 SECTION 2-Page 2 An appeal must also be filed on appropriate forms which have been adopted pursuant to this Ordinance. Applicant: Any person initiating an application for subdividing or development of land for the building or modification of any improvement on land. Applicant also includes any person submitting a request for rezone, conditional use, accessory use, annexation, or request to be allowed to make any application authorized under this Ordinance. Application: Proposals which are initiated by a person to the Commission and Council for consideration. An application shall include, but not be limited to, zoning amendments, conditional use permits, variances, preliminary development plans or plats, final development plans or plats, appeals, certificates of zoning compliance, certificates of occupancy and annexation. Architect: A person who is qualified by reason of his knowledge or mathematics, the arts, the physical sciences and the principles of architecture acquired by professional education and experience, to engage in the practice of architecture, Idaho Code section 54-301. Area Requirements: The designation given to the specific requirements set forth in a zone or district by the zoning ordinance text. Area requirements refer to the numerical standards established for a lot and building coverage in a particular district. Areawide Waste Treatment Management Plan (208 Plan): Section 208 of the Federal Water pollution Control Act Amendments of 1972 calls for a rational program for cleaner water by 1983. The 208 Plan, known as the "1977 Ada/Canyon Areawide Waste Treatment Management Plan," requires the development of water quality solutions by state and local levels of government. Automotive Repair: The repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting and steam cleaning ofvehicles. Automobile Washing Facilitv: A business primarilv devoted to the washing, waxing, vacuuming and detailing of motor vehicles bv either the owner of the vehicle or emplovees of the facilitv. Automobile Wrecking Yard: Premises on which two (2) or more currently non-licensed motor vehicles or two (2) or more motor vehicles not in operating condition are standing more than thirty (30) days and are dismantled or stored. "Motor vehicles" includes also mobile homes, AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 3 trailers or trucks. definition. Fully enclosed buildings are exempt from this Babysitting: The act of caring for children for consideration while the parents or usual guardians are absent. If it is performed in the child's own home or all the children are brothers and sisters of each other, this definition shall not be restricted as to the number of children. If it is performed in the babysitter's home for children who are not all brothers and sisters, this definition of babysitting shall be restricted to three (3) children, not any of which are related as brothers or sisters. Babysitting is further defined as being performed on a sporadic basis and not on an every weekday basis. It is not to be confused with daycare or the definition of a "childcare facility". Bakerv Store: A place where products such as bread. cake and pastries are made and sold. Banks and Other Financial Establishments: A business establishment where monev is kept for savings or commercial PUTDoses or is invested, supplied for loans or exchanged. (Excluding vehicle title loan institutions) Bars, Alcoholic Establishments (Tavern): A building where alcoholic beverages are sold for consumption on the premises. not including restaurants where the principal business is serving food. Basement: A portion of a building all or partly underground but having at least 0 ne-half ( 2) ofi ts height below the average level 0 fthe adjoining ground. Block: A group of lots, tracts or parcels within well-defined boundaries, usually streets. Boarding or Lodging House: A building (other than a hotel, motel or restaurant) where meals and/or lodging are provided for compensation to three (3) or more persons who are not members of the householder's family. Bottling and Packaging: Bottling and packaging of food and/or drink for off-site consumption and sale. Broadcasting, Radio and T.V.: An establishment dedicated to the transmission of radio or television programming for public or general use. Buffer Strip or Zone: An area established to protect one type of land use from possible undesirable characteristics of another, as between industrial AMENDMENT TO ZONING ORDINANCE TITLE II CHAPTER 2 SECTION 2-Page 4 and residential zones. The more intensive utilization of land to provide screening from that of the less intensive. Building: Any structure securely fixed to the land, and which is designed or intended for the shelter, enclosure or protection of persons, animals, chattels or property of any kind. Building, Accessory: A subordinate building detached from, but located on the same lot as the principal building, the use of which is incidental and accessory to that of the main building or use. (For illustration, see 2-424 Al in the appendix of this ordinance.) Building, Existing: A building erected prior to t he effective date of this Ordinance or one for which a legal building permit has been issued as of the effective date of this Ordinance's initial adoption on 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, Non-Conforming: Any building which does not conform to the requirements of this Ordinance. Building, Principal: A building in which is conducted the main or principal use of the lot on which said building is situated. Every dwelling in any "R" District is a principal building. (For illustration, see 2-424 Al in the appendix of this Ordinance.) Building Setback Line: An imaginary line established by this Ordinance that requires all buildings to be set back from lot lines. (For illustration, see 2-424 Al in the appendix of this Ordinance.) Building Site: An area proposed or provided and improved by grading, filling, excavation or other means for erecting pads for buildings. Bulk: A term used to describe the size and relationships of buildings and other structures, spaces, streets and parking and overall land area. Bus and Rail Station: A facility located along a bus or rail route that provides a stop for the loading and unloading of passengers. Carport: A covered shelter for no more than three (3) automobiles open on two (2) or more sides. AMENDMENT TO ZONING ORDINANCE TITLE II CHAPTER 2 SECTION 2-Page 5 Cemetery: Land used or intended to be used for the burial of the human or animal dead and dedicated for purposes, including crematories, mausoleums and mortuaries if operated in connection with and within the boundaries of such cemetery for which perpetual care and maintenance is provided. Certificate of Occupancy: A certificate which is issued by the building inspector to indicate that, after construction of the building has been completed, or a use in an existing building has been changed, the purpose for which the building was constructed or changed is capable of being carried out in accordance with the terms of this Ordinance. A structure cannot be occupied until a certificate of occupancy and license has been issued. Childcare Facility: Any home, structure, or place where nonmedical care, protection, or supervision is regularly provided to children under fourteen (14) years 0 f age, for periods I ess than twenty-four (24) hours p er day, while the parents or guardians are not on the premises. There are three (3) types of child care facilities: A. Family Childcare Home: A childcare facility which provides care for five (5) or fewer children throughout the day. B. Group Childcare Home: A childcare facility which provides care for six (6) to twelve (12) children throughout the day. C. Childcare Center: A childcare facility which provides care for more than twelve (12) children throughout the day. It should be noted that, in determining the type of child care facility that is being operated, the total number of children cared for during the day and not the number of children at the facility at anyone time is determinative. Churches: A building or part of a building primarilv used for conducting religious services. City: The City of Meridian, which has jurisdiction over the land under consideration in this Ordinance. Clinic (Medical, Dental, Optical): A building (other than a hospital) used by one or more health care practitioners for the purpose of care, diagnosis or treatment of sick, ailing, infirm, or injured patients, or those who are in need of medical and surgical attention, but which building does not provide board, room or regular hospital care and services. AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 6 Club or Lodge: A building or portion thereof on premises owned or operated by a non-profit organized association of persons for a social, literary, political, educational, recreational or similar purpose primarily for the exclusive use of enrolled members and their guests, but not including any organization, group or association, the principal activity of which is to render a service usually and ordinarily carried on as a business. Cluster Development (Residential): Units which are concentrated in one area and surrounded by common open space. Cluster Development (Industrial and Commercial): Units which are concentrated in one area, and served by common parking roads and utilities. Commercial Use or Business: The purchase, sale or other transaction involving the handling or disposition of any article, substance or commodity, or management of office buildings, offices for recreational, entertainment or amusement enterprises, or the maintenance and use of offices by professions and trades rendering services. The purchase, sale or other transactions involving the handling or disposition of any article, substance or commodity, or the dispensing ofservices for livelihood or profit; ownership or management of office buildings, offices for recreational, entertainment or amusement enterprises or the maintenance and use of offices by professions and trades rendering services is included in this definition. Commission: The Planning and Zoning Commission which is appointed by the Mayor and confirmed by the Council. Committee or Special Commission: A group of citizens as appointed by the Mayor of the City of Meridian and confirmed by the Council, or appointed by Planning and Zoning to implement the policies of the Comprehensive Plan or to assist with technical evaluation of subdivisions, development or special plans and to make recommendations to the Commission and Council. Community Shopping Center (Commercial): A shopping center, the size of which generally falls between neighborhood and regional shopping centers. Generally 100,000-400,000 square feet of gross floor space on a site of eight (8) to thirty (30) acres. Comprehensive Plan: The Comprehensive Plan which has been officially adopted by the City of Meridian, Idaho. Conditional Use: Same as "special use". A utilization of land having characteristics such that it may be allowed in a particular zoning district AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 7 only after review by the commission and council, and granting of approval imposing conditions deemed necessary to make the proposed use compatible with other uses in the area. Conditional Use Permit: (Same as special use permit.) Permit issued to allow a conditional use. Condominium: A system of individual fee ownership of units in a multi- unit structure which is usually combined with joint ownership of common areas of the structure and land. Construction Buildings. Temporarv: Any structure of a temporary nature containing an on site construction management office for an active construction proiect. Construction buildings mav not be used as temporary living Quarters. Contiguous: Two (2) parcels of land which, at some point, have a common border. Contractor Yard: Any parcel of land used for storage, maintenance or processing incidental to the business of building, hauling, excavation, demolition or similar activity and including any parcel of land used for the incidental repair of machinery used for any of the above listed activities. Convalescent or Nursing Home, Rest Home: Any home, place or institution which operates or maintains facilities providing convalescent, or chronic care, or both, for a period in excess of twenty-four (24) consecutive hours for two (2) or more patients not related by blood or marriage to the operator, and said patients, who by reason of illness or inf1Tffiity, 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. Cow:eftÏenGe Store .\ store efforiIlg goeàs, ffielllèiÐg gasoliIle, fer sale at retail. The offerlRg for sEHe of serviGes or gooàs JertainÎftg to the rerair or serviGiflg ef ",effiGies shaY IIot 'ee iIlolaàed witIùR this deÉinitioR of cOlTvoIlienGe ster-e. See dofimtioB ofServ-Ïee StatioIl. (Orà. 49(3, 9 é 88) Convenience Store: A small retail store that is open long hours that tvpicallv sells staple groceries. snacks and fuel. Council: The elected, legislative and goveming body of the City of Meridian, Idaho. AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 8 Court: A space which is open and unobstructed to the sky, on a lot, and bounded on three (3) or more sides by building walls or fences. Covenant: A written promise or plan. Culvert: A drain that channels water under a bridge, street, road or driveway. Dairy F arm: A farm whose principal function i s the production 0 fmilk 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: T he setting apart 0 f I and 0 r interests i n I and for u se b y the public by ordinance, resolution or entry in the official minutes as by the recording of a plat. Dedicated land becomes public land upon the acceptance by the City. Degradation: To scale-down the desirability or stability of an area's physical environment. Density: A unit of measurement which specifies the number of dwelling units per acre ofland. A. Gross Density: The number ofdwelling units per acre 0 f total land to be developed, including public right-of-way. B. Net Density: The number of dwelling units per acre of land when the acreage involved excludes public and private right-of-way for streets and roads. Department Stores: A large retail store offering a varietv of merchandise and services in separate departments. Developed Area: That portion of development which contains all structures, roads and site improvements. Common open space shall be deemed to be part ofthe developed area. Development Plan (Preliminary and Final Development Plans): All plats, plans and/or submissions by a subdivider or developer in whole or in part describing a development and considered by the Commission and Council. District or Zone: A portion of the City of Meridian within which certain uniform regulations and requirements or various combinations thereof apply under provisions of this Ordinance. The letter "R" shall represent the residential districts, with the number following the letter "R" AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 9 representing the maximum allowable dwelling units per acre. The letter "C" shall represent the commercial districts. The letter "I" shall represent the industrial district. The letters "L-O" shall represent the limited office district. Domestic Livestock: Cattle, dairy animals, sheep, goats and other grazing animals as would be found on a normal farm livestock operation. Down-Zoning: An action by an entity authorized to adjust zoning regulations which results in the lowering of the zoning classification of a given tract, tracts or area to a lesser land use; for example, an adjustment from commercial to residential land use. Drive-In Establishment: An establishment (other than a service station or truck stop) which is designed to accommodate the motor vehicles and patrons in such manner as to permit the occupants of such vehicles, while remaining therein, to make a purchase or to receive services. Dry Cleaning: Facility for cleaning clothes and other fabrics bv chemical processes. Dry Line Sewer: Sewer lines which have been installed as per City specifications before connections to a municipal wastewater treatment facility become a reality. Dwelling Unit: Any building or portion thereof which meets adopted building codes and is used as a residence or living quarters of one or more persons. Dwelling, Single-Family: A dwelling consisting of a single dwelling unit only, separated from other dwelling units by open space. Dwelling, Two-Family (Duplex): A dwelling designed to be used by two (2) families consisting of two (2) dwelling units which may be either attached side by side or one above the other. Dwelling, Three-Family (Triplex): A dwelling consisting of three (3) attached dwelling units. Dwelling, Multi-Family: A dwelling consisting of four (4) or more attached dwelling units. Easement: A permanent or temporary limited right of use of land for specific purposes. AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 10 Electrical Supplies & Appliance Manufacturing: A facilitv that manufactures electrical supplies and appliances. Engineer and Professional Engineer: A person who is qualified by reason of his knowledge of mathematics, the physical sciences, and the principles of engineering acquired by professional education and practical experience, to engage in the practice of professional engineering. See Idaho Code sections 54-1202(a) and (b). Entertainment Facilities (Commercial): Any structure housing any "for profit" activity, which is generally related to the entertainment field, such as motion picture theaters, taverns, night clubs, cocktail lounges, bowling alleys, and similar entertainment activities. Equipment. Heavv Farm. etc. (Sales & Repair): Establishments primarily engaged in the sale or rental oftools. trucks. tractors. construction equipment. agricultural implements and similar industrial equipment. Included in this use type is the incidental storage. maintenance. and servicing of such equipment. Exclusive Zoning: This is a term applied to a district on the zoning map in which only one type of land use is permitted. There may be several variations of the type of land use, but only one category is allowed. Illustrative of this is where an area has been designated as an industrial district and the ordinance text then sets forth the permitted uses and requirements therefor. The text of an exclusive ordinance will indicate that only industrial development will be allowed in this zone. With the exception of conditional uses, all other uses such as residential and commercial will be prohibited. Family: A person living alone or two (2) or more persons living together as a single housekeeping group in a dwelling unit as distinguished from a group occupying a boarding house, lodging house, motel or hotel. Feed. Seed and Fertilizer Store: An establishment engaged in retail and wholesale sales of supplies (feed. seed and fertilizer) directlv related to dav to day agricultural activities. Fence: An enclosure; e specially, an enclosing barrier, as one to prevent straying from within or intrusion into. Fence, Open: A fence that does not restrict or impede vision or sight through the fence by more than twenty percent (20%). Floodplain: The relatively flat area or low land adjoining the channel of a river, stream, lake or other body of water which has been or may be AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 11 covered by water of a flood of one hundred (100) year frequency. The floodplain includes the channel, floodway and floodway 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 packing space, dressing or rest rooms and laboratory or work rooms. However, that floor space within the building reserved for parking or loading of vehicles and basement space used only for building maintenance and utilities shall be excluded. Fuel Yards: A facility that stores mass Quantities ofliQuefied petroleum products for wholesale purposes. Funeral Home/Mortuarv: A facility in which deceased human bodies are kept and prepared for burial or cremation. Garage, Private: An enclosed accessory building or an accessory portion of the main building designed and used for indoor parking or storage of vehicles or boats owned and operated by the occupant of the main dwelling. An unattached garage is considered to be an accessory building. Garage, Public: A building or portion thereof (except a private garage) used or designed to be used for the storage of motor vehicles. Glare: To shine with a harsh, uncomfortably bright light. Governing Body: The Meridian City Council. Grade: The elevation of the finished surface of the ground adj acent to the midpoint of any exterior wall of a building or structure. Grade, Established: The curb line grade at the lot lines as approved by the Ada County Highway District Engineer or appropriate agency. Habitat: The character of the natural environment needed to support native plant and animal life. Hardship: An unusual situation on the part of an individual property owner which will not permit him to enjoy the full utilization of his property as is enjoyed by others in the community. A hardship can exist only when it is not self-created. Health Authority: Central District Health Department or Idaho State Health and Welfare Department. AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 12 Highway: The entire width between the boundary lines of every way publicly maintained when any part is open to the use of the public for vehicular traffic, with jurisdiction extending to the adjacent property line, including sidewalks, shoulders, berms and rights-of-way not intended for motorized traffic. The term "street" is interchangeable with highway. Home Occupation, Urban and Rural: Any gainful operation, profession or craft, which is customarily incidental to or carried on in a dwelling place, and wherein the use is clearly incidental and secondary to the use of the structure for dwelling purposes. Hospital: An institution devoted primarily to the maintenance and operation of facilities for the medical or surgical care of patients for twenty-four (24) hours or more. The term "hospital" does not include convalescent, nursing or boarding homes, or any institution operating solely for the treatment of mentally ill persons, drug addicts, liquor addicts or other types of cases necessitating forcible confinement of patients. Hotel: A building containing six (6) or more bedrooms where overnight lodging without individual cooking facilities is offered tot he 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. Industrial-Light: Manufacturing and wholesale establishments which are clean. Quiet. and free of hazardous or objectionable elements. such as noise, odor. dust. smoke. or glare and that are operated entirelv within enclosed structures. Industrial Research: Research. development and testing laboratories that do not involve the mass manufacture. fabrication. processing. or sale of AMENDMENT TO ZONING ORDINANCE TITLE II CHAPTER 2 SECTION 2-Page 13 products. Such uses shall not violate any odor. dust. smoke. gas. noise. radiation. vibration or similar pollution standard. Ingress and Egress: Entrance and exit. Institution: Building and land designed to aid individuals in need of mental, therapeutic, rehabilitative counseling or other correctional services. Junkyard: An outdoor space where waste, discarded, or salvaged materials are bought, sold, exchanged, baled, packed, disassembled, stored or handled. Junk yard also includes house wrecking and structural steel materials and equipment, but does not include such places where such uses are conducted entirely within a completely enclosed building such as pawn shops and establishments for the sale, purchase or storage of used furniture and household equipment or for used cars in operable condition, or salvaged materials which are incidental to manufacturing operations. Kennel: Any lot or premises on which three (3) or more dogs and/or cats and other household domestic animals more than six (6) months of age are housed, groomed, bred, boarded, trained, sold or cared for. Laboratories (Medical. Dental & Optical): A room or building equipped for scientific experimentation. research or testing. Land Use: A term used to indicate the utilization of any piece of land whether it be lot, plat, tract or acreage. Land use is an indication of the existing development within a community and becomes the basis to formulate district boundaries. Land Use Plan: The Meridian Comprehensive Plan. Laundries. Commercial: An establishment for laundering clothes or linen. excluding drv cleaning. Laundromat: A commercial establishment equipped with washing machines and dryers. usuallv coin operated and self-service. excluding dry cleaning. Librarv: A building. or part of a building. in which literarv and artistic materials. such as books. newspapers and tapes are kept for reading. reference or lending. Loading and Unloading Space, Off-Street: An open hard-surfaced area of land (other than a street or public way in which the principal use is for the standing, loading and unloading of motor vehicles, tractors or trailers. AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 14 Lot: A parcel of land created by subdivision which is of sufficient size to meet minimum zoning requirements for use, coverage and area and to provide such yards and other open spaces as are herein required. A lot shall have frontage on an approved public street or an approved private street and may consist of: 1) a single lot; 2) a portion of a lot; and 3) a combination of complete lots, or of portions of lots. Lot Area: The area of any lot shall be determined exclusive of streets, highways, alleys, roads, rights-of-ways, irrigation easements and land which is used for the conveyance of irrigation water, drainage water, creek or river flows. Lot, Comer: A lot abutting upon two (2) or more streets at their intersection or upon two (2) parts of the same street, such streets or parts of the same street forming an interior angle of less than one hundred thirty-five degrees (135E). The point of intersection of the street lines is the "comer". Lot Coverage: The area of a zoning lot which is occupied by the principal building, buildings or accessory buildings and the horizontally projected area of the lot. The ratio is expressed as a percentage. Lot, Depth: The mean horizontal distance between the front and the rear lot lines. Where the lot is irregular and the lot lines converge, the rear lot line shall be deemed to be a line at a point where the side lot lines are not less than ten feet (10') apart. (For illustration, see 2-424 Al in the Appendix ofthis Ordinance.) Lot, Double Frontage: A lot with frontage on two (2) streets. Lot, Flag: A lot in the shape of a flag on a pole or similar design. A flag lot shall have a minimum frontage of thirty feet (30') on a public street and structure placed on a flag lot shall have the house facing the street frontage. Lot, Frontage: The distance across the lot along the street right-of-way line. Lot, Interior: A lot with only one (I) frontage on a street. Lot Lines: Property lines bounding the lot. Lot Line, Front: The line separating the lot from the principal street on which it fronts. AMENDMENT TO ZONING ORDINANCE TITLE II CHAPTER 2 SECTION 2-Page 15 Lot Line, Rear: The lot line opposite and most distant from the front lot line or conforming to lot depth. Lot Line, Side: Any lot line other than a front or rear lot line. A side lot line separating a lot from a street is also called a side street or flanking street lot line. A side lot line separating a lot from another lot or lots is also called an interior side lot line. Lot of Record: A lot which is part of a subdivision recorded in the Office of the County Recorder; or a lot or parcel described by metes and bounds, the description of which has been so recorded. Lot, Through: A lot other than a comer lot having frontage on two (2) parallel or approximately parallel streets. On a through lot, both street lines shall be deemed front lot lines. Lumber Yard: An area used for the storage. distribution and sale of finished or rough cut lumber and lumber products. but not including the manufacture or fabrication of lumber. lumber products and fire wood. Machine Shop: A facility that cuts. shapes or fabricates metal products by machine. Major Subdivision: All subdivisions not able to qualify as a minor subdivision (defmed below). Manufactured Buildings: A fabricated, transportable building (other than a mobile home) designed to be incorporated at a building site into a structure to be used for residential, commercial, industrial or agricultural purposes and which has attached to the building a valid insignia which states that the manufactured building is built in accordance with the Uniform Building Code and applicable laws, rules and regulations. Buildings to be used for residential purposes shall also include in the insignia that such building is in compliance with HUD Minimum Property Standards for such construction. Manufactured Home Community: Anv site. lot. tract. plot or parcel of land. designed for the placement often (10) or more manufactured homes. located and maintained for dwelling pumoses on a permanent basis on individual lots, pads. or spaces: whether those lots. pads. or spaces be individually owned. leased or rented. Manufactured Home Park: Anv area, tract. plot or parcel of land. developed and designed for placement of mobile homes located and maintained for dwelling purposes on a permanent or semi-permanent basis. AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 16 Manufacturing: The mechanical or chemical transformation of materials or substances into new products, including the assembly of component parts. the manufacturing of products and the blending of materials. Manufacturing, Extractive: Any mining, quarrying, excavating, processing, storing, separating, cleaning or marketing of any mineral natural resource. Manufacturing, Heavy: Manufacturing, processing, assembling, storing, testing and similar industrial uses which are generally major operations and extensive in character, require large sites, open storage and service areas, extensive services and facilities, ready access to regional transportation and normally generate some nuisances such as smoke, noise, vibration, dust, glare, air pollution or water pollution. Manufacturing, Light: Industrial uses which are usually controlled operations, relatively clean, quiet and free of objectionable or hazardous elements such as smoke, noise, odor or dust; which operates and stores within enclosed structures, and which generate little industrial traffic and no nuisances. Manufacturing Facility. Manufactured Homes: The construction of any single farnilv structure that is manufactured under the authoritv of 42 USC. Section 5401. the National Manufactured Home & Safetv Standards Act. Marquee: A permanent roofed structure attached to and supported by the building and projecting over public property. Meatpacking (Commercial): A facility which includes the canning, curing, smoking, salting, packing and freezing of meat products, or a facility in which meat products are processed for sale to the retail trade and where the inspection of meat, meat by-products and meat food products are maintained. Minor Subdivision: Any subdivision containing not more than four (4) lots fronting on an existing or proposed street, or the extension of municipal facilities, or the creation of any public improvements, and not adversely affecting the remainder of the parcel or adjoining property and not in conflict with any provision or portion of the comprehensive plan, zoning map, zoning ordinance or other ordinances. Mobile Home: A structure transportable in one or more sections which has attached to the structure a valid insignia which states that the mobile home AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 17 is in compliance with Federal Mobile Home Construction and Safety Standards (HOD). Møàile Heme Parlc .^. resiàentia~ ar-ea w!HeR ÌITVel'¡es lanà under single ownership with lets reHted fer the leeatien efme13ile Remes and preyision of faeilities and serviees Ie tenants 13y management. Mobile Home Subdivision: A subdivision designed and intended for exclusive mobile home residential use. Molded Plastic Products: A business devoted to the fabrication of molded plastic products. Monument: Any permanent marker (either concrete, galvanized iron pipe or iron or steel rods) used to identify any tract, parcel, lot or street lines, as specified in Idaho Code section 50-1303. Motel: A building, or group of buildings on the same premises (whether detached or in connected rows), containing sleeping or dwelling units independently accessible from the outside, or central hallway, with garage space or parking space located on the premises, and designed for, or occupied by, travelers. The term includes, but is not limited to, any buildings or building groups designated as auto courts, motor lodges, tourist courts or by any other title or sign intended to identify them as providing lodging to motorists. Meter Vehiele Repaff, Major Engine reÐliilàing er majer FeeenclitieHÍng ofwem er damageà meter '¡ehieles, er trailers, eellision serviee, ineluding 13oày, frame er fenàer straightening er repair, and eYeFa-ll painting ef yellleies witffin an enelesed l3liilàing. Meter VelHele R-epaff, Miner lfIeiàenlal Fe 3airs, replaeemant of parts and moter s6F¡iee to meter vehieles, 13m net inel¡,¡Eling ¡my epeFatieH UREler "Meler '/ e!Hele Repaff, Majer". Motor Vehicle Bodv Shop: Anv building or portion thereof used for the repair or straightening of a motor vehicle bodv or frame or painting of motor vehicles. Maintenance, service. and engine repair mav be performed as an ancillary function of the body work. Motor Vehicle Repair: The business of repairing, overhauling, removing, adjusting, replacing, assembling or disassembling parts of anv motor vehicle (Excluding frame straightening, bodvwork and painting). Municipal Wastewater Collection and Treatment System: Meridian City facilities for the central collection and treatment of domestic wastewater AMENDMENT TO ZONING ORDINANCE TITLE II CHAPTER 2 SECTION 2-Page 18 within the Meridian Urban Service Planning Area, and provides forthe removal of polluting constituents from wastewater including reduction of biological oxygen demand, suspended solids, fecal coliform, and provides for disinfection of any discharged water. Museum: A building. place or institution devoted to the acquisition. conservation. studv. and exhibition of objects having scientific. historical. or artistic value. Neighborhood Convenience Center (Commercial): A shopping center having approximately thirty thousand (30,000) to two hundred thousand (200,000) square feet of gross floor space and on a site of approximately four (4) to eight (8) acres of land. It would provide for the sale of convenience goods (food, drugs and sundries) and personal neighborhood services for the day-to-day living of the immediate neighborhood within which it is located. Non-Conforming Use: The use of land or a use of a structure or building which is not in conformance with the conditions or requirements of this Ordinance. Nursery or Greenhouse for Flowers and Plants (Commercial): Land, building structure or combination thereof for the storage, cultivation and transplanting of live trees, shrubs or plants offered for sale on the premises including products used for gardening or landscaping. Nursing Home: A private establishment that provides living quarters and care for the elderly or the chronically ill. Open Space: An area substantially open to the sky which may be on the same lot with a building. The area may include (along with the natural environmental features) water areas, swimming pools, tennis courts and any other recreational facilities. Streets, parking areas, structures for habitation, buildings, covered structures and the like shall not be included. Open Space (Common): Any private open space intended for use by occupants of a development. The space may include, but is not limited to, recreation areas, landscaped plazas, fountains, sitting areas, natural areas and is meant to provide an open atmosphere. Common private open space does not include parking areas, vacant or undeveloped lots, or any other space which does not contribute to the aesthetic quality of the development. Open Space (Public): Land in public ownership or control which includes, but is not limited to, parks, recreation areas, water bodies, historical sites, public utility easements, scenic routes, floodplains, slide areas, areas too AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 19 steep for safe construction, wildlife refuges, natural areas, forests, fisheries and watersheds. Original Parcel of Land: A lot or tract as recorded on any plat or record on file in the office of the County Recorder or any unplatted contiguous parcel of land held in one ownership and of record at the effective date of this Ordinance, April 2, 1984. Owner: The person or entity having the ownership of record in the property. Ownership: The individual, firm, association, syndicate, partnership or corporation who has title of property. Parking Area or Lot (private): An open, hard-surfaced area (other than a street 0 r public way) designed, a rranged and m ade available for private passenger automobiles of occupants of the building or buildings for which the parking area is developed. Parking Area or Lot (public): An open, hard-surfaced area (other than a street or public way) to be used for the storage (for limited periods of time) of operable passenger automobiles or commercial vehicles and available to the public whether for compensation, free, or as an accommodation to clients or customers. Parking Space, Off-Street: For the purpose of this Ordinance, an off-street parking space shall consist of an area adequate for parking an automobile with dimensions conforming to the requirements of this Ordinance. Parks, Public and Private: Any area that is predominately open space, used principally for active or passive recreation, and not used for a profit- making purpose. Party Wall: A wall adjoining and parallel to the lot line which is used primarily by the party upon whose lot the wall is located. Party walls may share common foundations. Performance or Design Standards: Standards which are often applied to industrial, residential and commercial districts and place limits on such things as noise, dust, glare, smoke, vibration, radioactivity and odors; any proposed use which cannot meet these standards is not to be allowed, and once a use has been permitted, it must maintain its ability to meet the standards or else have its certificate of occupancy revoked. Performance or Surety Bond: A financial guarantee by a subdivider or developer deposited and filed with the City in the amount of the estimated AMENDMENT TO ZONING ORDINANCE TITLE II CHAPTER 2 SECTION 2-Page 20 construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the agreement by the developer. The bond involves an amount of money or other negotiable security which is paid by the subdivider or developer to the City Clerk and Recorder. The bond also guarantees that the subdivider or developer will perform all actions required by the governing body regarding an approved plat or plan, and provides that if the subdivider or developer defaults and fails to comply with the provisions of an approved plat or plan, the subdivider, developer or his surety will pay damages up to the limit of the bond, or the surety will itself complete the requirements of the approved plat or plan. Permitted Use: The utilization of land which shall be permitted to take place in a zoning district as a use by right, subject only to the standards established for the particular district and to any applicable overlay district. Planned Development (PD): An area of land which is developed as a single entity for a number of uses in combination with or exclusive of other supportive uses. A PD may be entirely residential, industrial, commercial or a mixture of compatible uses. A PD does not necessarily correspond to lot size, bulk, density, lot coverage required, open space or type of residential, commercial or industrial uses as established in anyone or more created districts of this Ordinance. Planned Commercial Development (pD-C): Any development in which the principal use of land is for commercial purposes. Planned General Development (PD-G): A development not otherwise distinguished under Planned Commercial, Industrial, Residential Developments, or in which the proposed use of interior and exterior spaces requires unusual design flexibility to achieve a completely logical and complementary conjunction of uses and functions. This PD classification applies to essential public services, public or private recreation facilities, institutional uses, community facilities or a PD which includes a mix of residential, commercial or industrial uses. Planned Industrial Development (PD-I): Any developments in which the principal use of the land area is for industrial purposes or accessory uses customarily 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. Planned Residential Development (PD-R): Any development which is predominantly residential including those accessory purposes customarily relating to residential uses with the balance of such area, if any, being AMENDMENT TO ZONING ORDINANCE TITLE II CHAPTER 2 SECTION 2-Page 21 intended for such uses as reasonably relate to the support or convenience of the residential uses of other occupants. Poultry Slaughterhouse and/or Poultry Packing Plat (Commercial): All establishments maintained for the slaughtering of poultry or preparing or processing of poultry products for human consumption in any form and wherein said products are so prepared for sale to the retail outlets. Processing Plant: A facilitv for the conversion of raw material into usable products or parts. Professional Offices: Structures where those engaged in a profession conduct their business and activity. Public Notices: The notice given by the City of Meridian or the applicant, which is required, which provides notice to the public and area residents around the area being considered that an application has been filed and that the city will be holding a hearing at a time certain and date certain and whereby the public and property owners will have and opportunity to submit their views and ideas and evidence as to the proposed development or zoning. Public Service Facility: Buildings, power plants or substations, water storage tanks or reservoirs, public garages or storage areas, water treatment plants or pumping stations, sewage disposal or pumping plants, and other similar public service structures owned and/or operated by a public utility, railroad (whether publicly or privately owned), or a municipal or other governmental agency. Public Uses: Public parks, schools, administrative and cultural buildings, and structures, but not including public land or buildings devoted solely to the storage and maintenance of equipment and materials and public service facilities. Also public-owned buildings, fire and police stations, libraries, post offices and public utility administration buildings. Public Utility: Any person, entity or municipal department that is duly authorized to furnish to the public under regulation such as, but not limited to, electricity, gas, steam, telephone, transportation or water. Public Utilitv Facilitv. Maior: A large facilitY reQuired for the operation of a utilitY controlled by the Idaho Public Utilities Commission including electrical substations. major water storage reservoirs. etc. Public UtilitY Facility. Minor: A small facilitY reQuired for the operation of a utilitv controlled bv the Idaho Public Utilities Commission including minor wells. pump houses. etc. AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 22 Publishing and Printing Facilities (Small): An establishment where printed material is produced and/or published. Qt¡a5i P1iàlie Use Chureke5, SaHE!ay sefteals, paraelrial sekeels, RoSflitals, ÐaRvaleseeHt ar retireIReHt hames, ealleges aRE! ether faeilities af aR eèaeatieRal, Feligieas, Ðharitable, pbilaRtbre]3ie eT lIeR preHI lIature. Ouasi-Public: A use that is essentiallv a public use. although under private ownership or controL Railroad Yards & Shops: An area for storing and switching of freight and passenger rolling stock. including the repair of rail equipment Recvcling Plants: A building and/or site in which recyclable materials such as newspapers. glassware and metal cans are collected. stored. flattened. crushed or bundled prior to shipment to others who will use the materials to manufacture new products. Regional Shopping Center (Commercial): The largest of shopping centers which is all-inclusive and self-sufficient with at least two (2) large department stores as the major tenants and generally serves a population of approximately 150,000 or more. It is a center having over 750,000 square feet of gross floor space and located on a site greater than seventy- five (75) acres. Repair: The reconstruction, renewal or maintenance of real or personal property. Research Activities: Research, development and testing related to such fields as chemical, pharmaceutical, medical, electrical, transportation, planning and engineering. Reserve Strip: A strip of land between a partial street and adjacent property which is reserved or held in public ownership for future street extension or widening. RestEtlffiH!t .'\flY laRà, IntilEiillg eT part !flereef (ether !flaR a eearEiiflg hollse) ',v-here meals are previàeà fer eeH!]38Rsatiell. Restaurant: Any building or part thereof in which the principal use is the preparation of food and beverages for consumption on site. or for Carry out. Retail Store: A store that sells goods or commodities in small quantities directlv to consumers. AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 23 Right-of-Way: A strip of land dedicated or reserved for use as a public way which normally includes streets, sidewalks and other public utilities or service areas. In addition to the roadway, it incorporates the curbs, special features required by the topography or treatment such as grade separation, landscaped areas, viaducts and bridges. Roadside Stand: A temporary or mobile structure designed or used for the display or sale of products or services. Sales Lots (Auto. Recreational. Agricultural. Etc.): An improved open area other than the street used for the disnlav. sale or rental of new or used automobiles. mobile homes. recreational vehicles or farm implements. but not including repair work other than minor cosmetic repairs. Sanitarium: A health station or retreat or any place where resident patients are kept and which specializes in giving clinical, temporary and emergency services of a medical or surgical nature to patients and injured persons and general medical practice as distinguished 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. Scheel (Kindergarten, Elemefttary, lBteFffiediate er High) Ail iflstitlttÎon of learning (either paBlic er priyately S1ipf!srted) which effers ins!rectien in the several ÐfaRches sf learning IIf1d staGY FequireG te be taught ifl the f!uÐlie schesls BY the State sf Idahe. High scaeol includes jllRÎsr and senier high. School: An institution of learning for minors. whether public or private. which offers instruction in those courses of study required bv the State Board of Education to a grOUP of children. This definition includes nursery school. kindergarten. elementary school. junior high school. senior high school. charter school but it does not include a vocational or professional institution or anv institution of higher education. including a college or universitv. School. Private Commercial: A school. regardless whether it is operated for profit. primarilv devoted to instruction in selected subiects such as dance. music. drama. art. languages. martial arts training. etc. School. Trade or Vocational: An institution or facilitv conducting instruction in the technical or trade skills such as business. secretarial training. medical-dental technician training. beauticians. barbers. electronics. automotive technician training. etc. AMENDMENT TO ZONING ORDINANCE TITLE II CHAPTER 2 SECTION 2-Page 24 Screening: (See buffer, strip or zone.) Seat: The place at, or the thing on, which one sits. For purposes of determining the number of off-street parking spaces for certain uses, the number of seats is the number of seating units installed or indicated or each eighteen (18) lineal inches of benches, pews, or space for loose chairs. Ser.¡iee StatiaR BliildiRgs and fIremises where gaseHRe, eil, grease, batteries, tires anti meter ...e!Hale ae6essa£Ìesmay be SUf!¡Jlietl anti tliSfJeRsetl at retail anti '¡¡here miHer FBeter reflair anti ser'liaes FBay be reRàerecl. Uses fIeFffiissiàle at a serviae statieR tla Hat iHaffiàe FBajer 'eeày werk, straighteRiHg ef 'eetly fIarts, fIaifltiRg, \",'eltling, starage af auteFBsèiles Het ÎfI afleratiRg eeRditieR, er ather "Nark iHvel"¡ing naiss, glare, fumes er sFBeke. Service Station: Premises where gasoline. motor oils. lubricants and grease for the operation of motor vehicles are retailed directlv to the public on the premises and including tires. accessories. services and minor motor vehicle repairs. Setback Line: A line established by this Ordinance, generally parallel with and measured from the lot line, defining the limits of a yard in which no building may be located above ground except as may be provided in said code (See 2-424 AI). Sidewalk: That portion of the road right-of-way outside the roadway which is improved for the use of pedestrian traffic. Sign: A sign is any structure or natural object, such as a tree, rock, bush, the ground itself or part thereof, or device attached thereto or painted or represented thereon, which shall be used to attract attention to any object, product, place, activity, person, institution, organization or business or which shall display or include any letter, word, model, banner, flag, pennant, insignia device or representation used as, or which is in the nature of an announcement, direction or advertisement. For the purpose of this definition, the word "sign" does not include the flag, pennant or insignia 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, On-Premises: Any sign related to a business or profession conducted or to a commodity or service sold or offered upon the premises where such sign is located. AMENDMENT TO ZONING ORDINANCE TITLE II CHAPTER 2 SECTION 2-Page 25 Sign, Off-Premises: Any sign unrelated to a business or profession conducted or to a commodity or service sold or offered upon the premises where such sign is located. Site Planning: The location of buildings and activities within a physical environment. A site plan includes shapes and location of buildings and structure, circulation and parking layouts, landscaping features and numerous other design factors that relate to the improvement of a parcel of land. Slaughterhouse and Meatpacking (Commercial): A facility which includes a slaughtering, meat canning, curing, smoking, salting, packing, rendering or 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. Solid Waste Transfer Station: A place or facility where non-hazardous solid waste materials are taken from a collection vehicle or a private party. temporarily stored & ultimatelv placed in a transportation unit for movement to a landfill. Stable, Private: A detached accessory structure for the keeping of one (I) or more horses, mules or cows owned and used by occupant of the premises and not for remuneration, hire or sale. Stable, Riding: A structure used or designed for the boarding or care of riding horses. Standard Specifications: The specifications as specified in this Ordinance and as officially adopted by the City. State: The State ofIdaho. Stockyard or Feedlot (Commercial): An enclosure where fowls or animals are kept in a restricted area and where less than ten percent (10%) of the feed for such poultry or livestock is produced by the owner on his immediate, owned farm or leased property. Storage Facilities. Indoor: The storage of eQuipment. materials. supplies, etc. in an indoor area. Storage Facilities. Outdoor: The storage of eQuipment. vehicles. materials. supplies, etc. in an outdoor area. Story: That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the AMENDMENT TO ZONING ORDINANCE TITLE II CHAPTER 2 SECTION 2-Page 26 topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level (directly above a basement, cellar or unused under- floor space) is more than six feet (6') above grade (as defined herein) for more than fifty percent (50%) of the total perimeter or is more than twelve feet (12') above grade as 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. T he term "street" also includes the terms highway, thoroughfare, parkway, road, route, avenue, boulevard, lane, place, and other such terms. Street, Rural System: A. Principal Arterial: A connected rural network of continuous routes which serves corridor movements having trip length and travel density characteristics indicative of substantial statewide or interstate travel. B. Minor Arterial: In conjunction with the principal arterial system, the minor arterial road system forms a rural network. Major characteristics of the system are to link cities, larger towns and provide inter-county service. These routes are designed to provide for relatively high overall travel speeds, with minimum interference to through movement. C. Major Collector Roads: That which provides service to any county seat not on an arterial route and links these places with nearby larger towns or cities or with routes of higher classification. Major collectors serve the more important intra-county travel corridors. D. Minor Collector Roads: That which collects traffic from local roads and brings developed areas within a reasonable distance of a collector road. Minor collector roads provide service to the remaining smaller communities. E. Local Roads: That which provides access to adjacent land and provides service to travel over relatively short distances. The functional street classification definitions are summarized descriptions of the functional street guidelines that are used by the Federal Highway Administration. Street, Urban System: AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 27 A. Principal Arterials: Should carry the major portion of trips entering and leaving the urban area as well as the majority of the through- trips desiring to bypass the central city. In addition, significant inter-area travel (such as between central business districts and outlying residential areas, between major inner city communities, or between major suburban centers) should be served by this class of facilities. B. Minor Arterials: That which interconnects with, and augments, the urban principal arterial system and which provides service to trips of moderate I ength a t a somewhat lower level 0 f travel mobility than major arterials. Minor arterials place more emphasis on land access than the higher, principal arterial system. C. Collector Streets: That which provides both land access, service and traffic circulation within residential neighborhoods, commercial and industrial areas. Collectors also collect traffic from local streets in residential neighborhoods and channel it into the arterial system. D. Local Streets: That which comprises all facilities not on the other of the higher systems. Local streets serve primarily to provide direct access to abutting land and access to the higher order system. Examples of local streets are alleys (which provide secondary access at the back or side of a property otherwise abutting a street); loop streets (a minor street with both terminal points on the same street or origin); cul-de-sac (a street connected to another street at one (I) end only and provided with a turnaround space at its terminus); partial street (a dedicated right- of-way providing only a portion of the required street width, usually along the edge of a subdivision or tract of land) and private street (a parcel of land providing vehicular and pedestrian access to adjacent properties from a publicly dedicated right-of-way and which is recorded in the Ada County Recorder's Office as a perpetual easement to the property owners taking access therefrom or the ownership of which is vested in the property owners taking access therefrom). All private street access must be approved by the Council. Another local street which is utilized often by a city is frontage road. It is a local, auxiliary road to, and located on the side of, an arterial highway for service to abutting property and adjacent areas and for control access to the property adjoining the highway, and to maintain circulation of traffic on each side of the highway. AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 28 Street, Half: A portion of the width of a street, usually along the edge of a subdivision or development, where the remaining portion of the street could be provided in another subdivision or development. Street Line: A line separating an abutting lot, or parcel, from a street. Street, Proposed: The undedicated portion of a street alignment, or proposed widening of an existing street as proposed on the Ada County Major Thoroughfares Plan, or any State or Federal Highway, the alignment of which is officially approved. Strip, Commercial and Industrial: A development pattern characterized by lots in a continuous manner fronting on streets and resulting in numerous access points to the street. Strip Zoning: Zoning usually found along a major roadway which is developed simply as a pattern following the outline of the road and without foundation in the comprehensive study or in fact. Structure: Anything constructed or erected in which the use requires permanent location on the ground or attachment to something having a permanent location on the ground. Among other things, structures include buildings, mobile homes, walls and billboards. Fences shall be deemed a structure. Public utility power poles shall not be deemed a structure. Structural Alteration: Any change in the structural members of a building such as walls, columns, beams or girders. Subdivider or Developer: The person who executes an application or initiates proceedings for the subdivision of land in accordance with the provisions of this Ordinance. He need not be the owner of the property; however, he shall be an agent of the owner or have sufficient proprietary rights in the property to represent the owner and his acts, and representations shall be binding upon the owner. Subdivision: The result of an act of dividing an original lot, tract or parcel of land into two (2) or more parts. The term "subdivision" shall also include the dedication of a public street and the addition to, or creation of, a cemetery. However, this Ordinance shall not apply to any of the following: A. An allocation of land in the settlement of an estate of a decedent or a court decree for the distribution of property; B. The unwilling sale of land as a result of legal condemnation as defined and allowed in the Idaho Code; AMENDMENT TO ZONING ORDINANCE TITLE II CHAPTER 2 SECTION 2-Page 29 C. The widening of existing streets to conform to the Meridian Comprehensive Plan; D. The acquisition of street rights-of-way by a public agency in conformance with the Meridian Comprehensive Plan; and E. The exchange of land for the purpose of straightening property boundaries which does not result in the change of the present land usage. Supply Yards: A commercial establishment storing and offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain and similar goods. Surveyor: A person qualified by reason of his knowledge of the principles of surveying acquired by education and experience, and who is authorized by the laws of the State of Idaho to practice land surveying. See Idaho Code, 54-1202(t). Townhouse or Row House: A row of two (2) or more attached single- family dwellings. Each dwelling is built with similar architectural treatment, is separated by vertical divisions by party or lot line walls, and each has private entrances (usually front and rear). Trailer, Recreational Vehicle and Motor Home: Any vehicle or structure constructed in such a manner as to permit occupancy thereof as living quarters or the conduct of any business, trade, occupation, or use as a selling or advertising device or use for storage 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. AMENDMENT TO ZONING ORDINANCE TITLE II CHAPTER 2 SECTION 2-Page 30 True\¡ St6fl .^. servise staìieR EJr sEJflH.'ftereiaJ. eateFflrise asiag the premises primarily te sell aÐ.à sllfJply meter fuel, laèrieaåag eils aÐ.à greases te eR premise traàe melliåiRg large trueilS as -::ell as aatemebiles aÐ.à Ítl6lwiing the sale Elf tires, èatteries, aatemetive a6eesseåes, relateà serviees, majer aÐ.à miRer meter -¡abide repairs as well as SfleeiaJ. serviees te eperaìers aÐ.Ei drivers ehFUeks ef)eratiag eR aÐ. iHterstate èasis. Truck Stop: An establishment that sells fuel for trucks and usually maintains a restaurant for truck drivers. Undeveloped Area: That portion of a development which is left unimproved or a parcel of land which is unimproved. Urban Services: According to this Ordinance, urban services shall include, but not be limited to, the following where applicable: municipal central sewer and water facilities; pedestrian walkways and bicycle paths; open space; parks; recreation lands; police and fire protection; public transit; schools; libraries; storm drainage; and urban standard streets and roads. Urban Sprawl: Scattered development which is not contiguous to the urbanized part of a municipality. Sprawl is characterized by significant amounts of vacant land intermixed with parcels of urban development and with formless dispersal of a congested urban area with little or no regard for the interrelationships of such factors as transportation, employment, health and recreational needs. Use: The specific purpose for which land or a building is designated arranged, intended or for which it is or may be occupied, maintained, let or leased. Variance: A variance is a modification of the requirements of the Ordinance as to lot size, lot coverage, width, depth, front yard, side yard, rear yard, setbacks, parking space, height of buildings or other Ordinance provisions. A variance shall not be considered a right or special privilege, but may be granted to an applicant only upon a showing of undue hardship because of the characteristics of the site and that the variance is not in conflict with the public interest. Vehicle: Every device in, upon or by which any person or property is or may be transported or drawn upon a public highway or street excepting devices moved exclusively by human power or used exclusively upon stationary rails or tracts. Vested Rights: Vested rights, if properly used, refer to rights which have been accrued to an individual as a result of a condition which has existed AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 31 for a period of time. A vested right is one in which the individual cannot be denied rights that may have existed to him. Veterinary, Animal Hospital or Clinic: A place used for the care, grooming, diagnosis and treatment of sick, ailing, infirm or injured animals and those who are in need 0 fmedical or surgical attention and may include overnight accommodations on the premises for the treatment, observation or recuperation. It may also include boarding that is incidental to the primary activity. Vicinity Map: A drawing which sets forth by dimensions or other means a relationship of the proposed development to other nearby developments, landmarks or community facilities and services within the general area in order to better locate and orient the area in question. Walkway: A public way for pedestrian use only, whether or not along the side of the road. Warehousing & Wholesaling: A use engaged in storage. wholesale, and distribution of manufactured products and supplies and equipment, excluding bulk storage of hazardous materials. Wet Line Sewer: Sewer lines which are connected to a municipal wastewater treatment facility as per City specifications. Yard: A required open space, other than a court, unoccupied and unobstructed by a structure or portion of a structure from three feet (3') above the general ground level of the graded lot upward provided that accessories, ornaments and furniture may be permitted in any yard and subject to height limitations and requirements limiting obstruction of visibility. (For illustration, see 2-424 Al in the Appendix of this Ordinance.) A. Front Yard: A yard extending between side lot lines across the front of a lot and from the front lot line to the front of the principal building. B. Rear Yard: A yard extending between side lot lines and across the rear of a lot and from the rear lot line to the rear of the principal building. C. Interior Side Yard: A yard extending from the principal building to the side lot line on both sides of the principal building between the lines establishing the front and rear yards. AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 32 D. Street Side Yard: A yard extending from the principal building to the secondary street that adjoins the lot between the lines establishing the front and rear yards. E. Court Yard: See "Court." F. Transitional yard: A yard which serves as a buffer between conflicting land uses such as between single-family residential uses and commercial or industrial uses or between residential uses and heavily traveled traffic arterials. Transitional yards are deemed to be an open space which is between those uses which are more or less compatible. Zero Lot Line: A building design which allows for a dwelling to be built to the side lot line and which may include an easement to a neighboring lot for the purpose of upkeep and maintenance of each dwelling. Zero lot line developments can be either dwelling units detached or attached. Zoning Map: The graphic depiction of the zones or districts within the city limits of Meridian. The map includes: A. An indication of the boundaries of each of the districts; B. A legend identifying each of the districts; C. Identification names of streets, streams and other places; D. Dimensions indicating the boundaries between districts. The zoning map is to be adopted as a legal part of an Ordinance and designated as the Official Zoning Map of the City. Zoning Permit: A document issued by the Administrator authorizing the uses ofland and structures, and the characteristics ofthe 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 Ordinance; that is, the Zoning and Development Ordinance of the City of Meridian. SECTION 2: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 3: VALIDITY: The Meridian City Council hereby declares that any section, paragraph, sentence or word of this Ordinance as adopted and amended herein be AMENDMENT TO ZONING ORDINANCE TITLE II CHAPTER 2 SECTION 2-Page 33 declared for any reason to be invalid it is the intent of the Meridian City Council that it would have passed all other portions of this Ordinance independent of the elimination here from of any portion as may be declared invalid. SECTION 4: SAVINGS CLAUSE: This Ordinance does not affect an action or proceeding commenced or right accrued before this Ordinance takes effect. SECTION 5: DATE OF EFFECT: This Ordinance shall be in full force and effect after its passage, approval and publication, according to law. . pASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 1I.f'I--- day of &6rutlA,/,2003. If ~ APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this (J ~ day of ;:ebrutl-':3 ,2003. Attest: "'" ~ == ~ ~ "~o;; ~..,C ~r 151 . ~ $ ':;.~~""~.__t ~ ",-" 3 ~/, .-vuNI" ", First Reading: 2--/ (~CJ '1IIIJm" " ,,"',"'" Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902Yes:----X- No:- Second Reading: Third Reading: AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 2 SECTION 2-Page 34 STATE OF IDAHO,) : ss. County of Ada. ) On this~dayof_1{(Q¡r~ ,2003, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. -.~~F.~;ï;;.. ~ Ånü~ .,~~o't~;:~.. NOTARY PUBLIC FOR IDAHO :"'l \: RESIDING AT: MfA. c.,t,w¡iL. / JdcJw ~ l JI: MY COMMISSION EXPIRES: '1- '2.ß-QS' ~ \. c: ...'~.:-~ ~.. \ 1M .. 1M .' .~<bioÑÍ\Qr:". 1 \ z: Work lMendl.n end.an I~ces CIty H. 1\2003 Ord Ord.Amdll-2-2.doc (SEAL) AMENDMENT TO ZONING ORDINANCE TITLE II CHAPTER 2 SECTION 2-Page 35