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430 Zoning, Subdivision & Development Ordinance I 027 ORDINANCE NO. 430 AN ORDINANCE REPEALING CERTAIN PROVISIONS OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN PERTAINING TO ZONING, THE PLANNING COMMISSION, SIGNS AND AWNINGS, AND SUBDIVISlONS; ENACTING A NEW ZONING ORDINANCE WHICH INCLUDES PROVISIONS FOR THE FOLLOWING: TITLE ,AUTHORITY, JURISDICTION & ENACTMENT; INTENT AND PURPOSE; RULES AND DEFINITIONS; ADMINISTRATION; GENERAL ORDINANCE PROVISIONS; NON-CONFORMING BUILDINGS, STRUCTURES & USES; ZONING DISTRICT MAP AND DISTRICTS; ESTABLISHMENT AND PURPOSE OF ZONING DISTRICTS; ZONING SCHEDULE OF USE CONTROL; ZONING SCHEDULE OF BULK & COVERAGE CONTROLS; RESIDENTIAL HOUSING STANDARDS; FLOODPLAIN OVERLAY DISTRICT; PERFORMANCE STANDARDS FOR DISTRICT USE; OFF-STREET PARKING & LOADING FACILITIES; SIGNS; ZONING AMENDMENT PROCEDURES; ZONING UPON ANNEXATION; CONDITIONAL USE; VARIANCES; CERTIFICATE OF ZONING COMPLIANCE; CERTIFICATE OF OCCUPANCY; SCHEDULE OF FEES; PENALTY PROVI- SIONS AND ENFORCEMENT; APPENDIX OF ILLUSTRATIONS; AND OFFICIAL ZONING MAPS; RETAINING THE EXISTING PLANNING AND ZONING COMMISSION MEMBERS UNDER THEIR EXISTING APPOINTMENT AND TENURE OF OFFICE; ENACTING A NEW SUBDIVISION AND DEVELOPMENT ORDINANCE WHICH INCLUDES PROVISIONS FOR THE FOLLOWING: TITLE, AUTHORITY, JURISDICTION AND ENACTMENT; INTENT AND PURPOSE; RULES AND DEFINI- TIoNs; PROCEDURE FOR SUBDIVISION APPROVAL; DESIGN STANDARDS; IMPROVEMENTS STANDARDS; PLANNED DEVELOPMENT; MOBILE HOMES BY REFERENCE; CEMETERY SUBDIVI- sIoNs; FLOODPLAIN SUBDIVISION; VACATIONS AND DEDICATIONS; VARIANCES; DETECTION OF VIOLATION, ENFORCEMENT AND PENALTIES; SUBDIVISION FEES; DEVELOPMENT TIME REQUIREMENTS; AND APPENDIX; PROVIDING THE MAINTENANCE OF COPIES OF THE ZONING AND DEVELOPMENT ORDINANCES IN THE CITY CLERK I S OFFICE AND PROVIDING FOR A CHARGE FOR COPIES OF THE TWO ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Title 67, Chaper 65, Idaho Code, The Local Planning Act of 1975, requires that the City of Meridian adopt ~oning ordinance and a subdivision ordinance and, in the event the City already has a zoning and subdivision ordinance, to review said existing ordinances, and where necessary make amend- ments thereto; WHEREAS, the City had existing zoning and subdivision ordinances, but such needed extensive changes and were outdated and antiquated, and failed to meet the present needs and requirements of the City; WHEREAS, the Mayor and the City Council of the City of Meridian, Idaho, have concluded that it is in the best interests of said City to repeal its existing zoning and subdivision and related ordinances and to enact new ordi- nances relating thereto, and that they be effective upon approval hereof, NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That Title 2, Chapter 4, zoning; Title 4, Chapter 1, Planning commission; Title 9, Chapter 4, Signs and Awning; Title 9, Chapter 6, Subdivi- sions; are hereby repealed. Section 2. That the "Zoning Ordinance of the City of Meridian" is hereby adopted by the city of Meridian as the official Zoning Ordinance of the City of Meridian, State of Idaho; that said Ordinance shall be known as the "Zoning Ordinance of the City of Meridian"; that said zoning Ordinance shall be com- prised of Sections 2-401 through 2-425 and shall include the index, table of contents, text, appendix and official zoning maps; that said Zoning Ordinance shall read as follows: 028 2-401 2-402 2-403 2-404 2-405 2-406 2-407 2-408 2-409 2-410 2-411 2-412 2-413 2-414 2-415 2-416 2-417 2-418 2-419 2-420 2-421 2-422 2-423 2-424 2-425 INDEX ZONING ORDINANCE Title, Authority, Jurisdiction & Enactment Intent and Purpose Rules and Definitions Administration General Ordinance Provisions Non-Conforming Buildings, Structures & Uses Zoning District Map and Districts Establishment and Purpose of Zoning Districts Zoning Schedule of Use Control Zoning Schedule of Bulk & Coverage Controls Residential Housing Standards Floodplain Overlay District Performance Standards for District Use Off-Street Parking & Loading Facilities Signs Zoning Amendment Procedures Zoning Upon Annexation Conditional Use Variances Certificate of Zoning Compliance Certificate of Occupancy Schedule of Fees Penalty provisions and Enforcement Appendix Official Zoning Maps I I -I TABLE OF CONTENTS Title, Authority, Jurisdiction & Enactment------------------------ Intent and Purpose------------------------------------------------ Rules and Definitions--------------------------------------------- Administration---------------------------------------------------- Administrator------------------------------------------------ Commission--------------------------------------------------- Council------------------------------------------------------ Building Inspector------------------------------------------- Conflict of Interest----------------------------------------- General Ordinance Provisions-------------------------------------- Interpretation----------------------------------------------- Scope of Regulations----------------------------------------- Use and Bulk Regulations------------------------------------- Lot Coverage------------------------------------------------- Lot Area and Dimension--------------------------------------- Access to Public Street-------------------------------------- Existing Conditional Uses------------------------------------ Non-Conforming Buildings, Structures and Uses--------------------- Intent--------------------------------~---------------------- Avoidance of Undue Hardship---------------------------------- Single Non-Conforming Lots of Record------------------------- Non-Conforming Lots of Record in combination----------------- Non-Conforming Uses of Structures or of Structures and Land in combination---------------------------------------- Repairs and Maintenance-------------------------------------- Uses Under Conditional Use provisions Not Non-Conforming Uses------------------------------------------------------- zoning District Map and Districts--------------------------------- Zoning District Map------------------------------------------ Compliance with Zoning District Regulations------------------ Official Schedule of District Regulations Adopted------------ Uses Not Specifically Permitted or Listed in Districts------- Establishment and Purpose of Zoning Districts--------------------- Intent------------------------------------------------------- Zoning District---------------------------------------------- Zoning Schedule of Use Control------------------------------------ Zoning Schedule of Bulk and Coverage Controls--------------------- Supplemental Yard and Height Regulations-------------------------- Residential Housing Standards------------------------------------- Floodplain Overlay District--------------------------------------- Purpose------------------------------------------------------ Uses--------------------------------------------------------- Special Use-------------------------------------------------- Conditions--------------------------------------------------- Storage of Materials and Equipment--------------------------- Other Considerations----------------------------------------- Non-Liability Clause----------------------------------------- Restrictions------------------------------------------------- Prohibited Uses---------------------------------------------- Performance standards for District Uses--------------------------- General Provisions------------------------------------------- Provisions for Commercial and Industrial Uses---------------- Provisions for Unique Land Uses------------------------------ Off-Street Parking and Loading Facilities------------------------- General Requirements----------------------------------------- Use of Parking Facilities and Parking Regulations------------ Location of Off-Street Parking------------------------------- Design Standards for off-Street Parking---------------------- Schedule of Parking Space Requirements----------------------- Off-Street Loading Requirements------------------------------ Signs------------------------------------------------------------- Uniform Sign Code-------------------------------------------- Supplementary Regulations------------------------------------ Prohibited Signs--------------------------------------------- Fees--------------------------------------------------------- n"g tJL Page 1 2 3 20 21 21 22 22 22 22 22 23 23 23 24 24 24 24 24 24 24 24 25 25 25 25 25 26 26 26 27 27 27 30 36 37 37 38 38 39 39 39 40 40 40 40 40 41 41 41 42 46 46 47 47 48 49 52 53 53 53 53 53 030 TABLE OF CONTENTS (Cont.) Zoning Amendment Procedures--------------------------------------- General Procedures------------------------------------------_ Initiation of Zoning Amendments------------------------------ Contents of Zoning Amendment Applications-------------------- Transmittal to Commission-----------------------------_______ Procedures--------------------------------------_____________ Transmittal to Council--------------------------------------- Appeals of Action of Commission and Council------------------ Stay of Proceedings-------------------------------------_____ Notification of Applicant------------------------------------ Supplementary Conditions and Safeguards (Appeals)------------ General Standards Applicable to Zoning Amendments------------ Annexation and Zoning Upon Annexation----------------------------- Conditional Use--------------------------------___________________ General---------------------------------_____________________ Contents of Conditional Use Application---------------------- General Standards Applicable to All Conditional Uses--------- Supplementary Conditions and Safeguards---------------------- Procedure for Hearing and Notice----------------------------- Action by the Commission------------------------------_______ Appeal of Commission Action---------------------------------- Action by the Council------------------------------------____ Appeal of Council Action--------------------------------_____ Variances--------------------------_______________________________ General------------------------------________________________ Application and Standards for Variances---------------------- Findings--------------------------------_____________________ Procedures for Hearing and Notice---------------------------- Action by Council-------------------------------------_______ Appeal of Council Action------------------------------------- Certificate of Zoning Compliance--------------------------------__ Certificate of Zoning Compliance Required-------------------- Expiration of Certificate of Zoning Compliance--------------- Record of Certificate of Zoning Compliance------------------- Failure to Obtain a Certificate of Zoning Compliance--------- Certificate of Occupancy----------------------------------________ General-----------------------------------___________________ Record of Occupancies------------------------------------____ Failure to Obtain a Certificate of Occupancy----------------- Construction and Use to be as Provided in Applications, Plans, Permits and Certificates---------------------------- Schedule of Fees, Charges and Expenses---------------------------- Zoning and Planning Fees----------------------------------___ Fee Calculation-----------------------------------___________ Fee Waivers--------------------------------------____________ Refunds---------------------------------------------_________ Payment of City Costs---------------------------------------_ Penalty Provisions and Enforcement-------------------------------- Illustrations; Building-Principal and Accessory, Setback Lines, Lot Depth, yards---------------------------------------_____ Fence Regulations------------------------------------________ Site Triangle and Fence Regulations-------------------------- Official Zoning Maps------------------------------------__________ Page 53 53 54 54 55 55 56 56 56 57 57 57 58 58 58 58 59 60 60 60 60 60 60 61 61 61 62 62 62 62 63 63 63 63 63 63 63 63 63 63 63 63 64 64 64 65 65 67 68 68 69 I 1- I I ..'''-...''';''' '\; " rl ')- t, ,,-) l~ ZONING ORDINANCE TITLE 2 CHAPTER 400 Title, Authority, Jurisdiction and Enactment 2-401 2-401 2-401 2-401 2-401 2-401 2-401 2-401 2-401 A TITLE This Ordinance shall be known as the IlZoning Ordinancell of the City of Meridian, Idaho. B AUTHORITY This Zoning Ordinance is adopted pursuant to authority granted by Chapter 65, Title 67 of the Idaho Code; and Article 12, section 2 of the Idaho Constitution as amended or subsequently codified. C 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 Chapter 65, Title 67, Idaho Code, commonly referred to as the area of impact. o MINIMUM REQUIREMENTS The provisions herein shall be held to be the mlnlmum requirements for the promotion of the public health, safety and general public welfare. E RELATIONSHIP WITH OTHER LAWS Where the conditions imposed by any prov~s~on 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. F COMBINING OF PERMITS The Commission is hereby required to coordinate with other departments and agencies concerning all permits which may be required in this Ordinance 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. G EFFECT ON EXISTING AGREEMENTS This Ordinance is not intended to nullify any easement, covenant or any other private agreement provided that where the regulations of this Ordinance are more restrictive or impose higher standards or requirements than such easement, covenants or other private agree- ments, the requirements herein shall govern. H SEVERABILITY CLAUSE Should any section or provision of this Ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Ordinance as a whole or a part thereof other than the part so declared to be unconstitutional or invalid. I REPEAL OF CONFLICTING ORDINANCE - EFFECTIVE DATE All Ordinances or parts of Ordinances in conflict with this Ordinance or inconsistent with the provisions of this Ordinance are hereby repealed to the extent necessary to give this Ordinance full force and effect. This Ordinance shall become effective from and after the date of its approval and adoption, as provided by law_ -1- 032 2-402 A INTENT AND PURPOSE The intent of this Ordinance shall be to implement a general guide for the use of the land in the Meridian city limits and impact zone_ This Ordinance 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; 1_ To promote the achievement of the proposals of the Meridian Comprehensive Plan; 2. To advance the City of Meridian as a self-sufficient employment and economic center; 3. To improve environment community; the character and quality of Meridian I s man-made while maintaining its identity as a self-sufficient 4. To encourage orderly growth and development, thereby avoiding scattered development of land that results in either of the following; a. The lack of water supply, sewer service, drainage, trans- portation facilities, or otherwise essential public ser- vices; and b_ The unnecessary imposition of an excessive expenditure to public funds for the supply of such services; 5. To protect residential, commercial, industrial and C1V1C areas from the intrusion of incompatible uses and to provide opportu- nities for establishments to concentrate for efficient operation in mutually beneficial relationships to each other and to shared services_ 6_ 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. 7. To promote goods and loading; safe, fast and efficient movement of people and the provision of adequate off-street parking and 8_ To encourage excellence and future developments and to Meridian's setting; creativity in preserve the the design of all natural beauty of 9. To provide for the manner and form of preparing and processing applications; for establishment, modification and/or variances from zoning districts and regulations_ 10 _ 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 _; 11_ To encourage the proper distribution and compatible integration of neighborhood commercial uses into all residential areas of the City; 12. To protect existing waters (Five Mile, Nine Mile and Ten Mile Creeks) through the establishment of easements throughout the City; 13. To protect recognized historic and architectural landmarks throughout the City; 14. To establish reasonable standards to which buildings or struc- tures shall conform; -2- I I I 2-403 2-403 I r, ~, 'l liJj0 15. To insure that additions to and alterations or remodeling of existing buildings or structures comply with the restrictions and limitations imposed hereunder; 16. To provide protection against fire, and other hazards in the interest of comfort and the general welfare; explosion, noxious fumes the public health, safety, 17. To insure that buildings and land within the City are adequately maintained to prevent physical deterioration and tax base erosion; 18. To specify the administration of the regulations of the Ordinance by defining the powers and duties of approval authorities. A RULES For the purpose of this ordinance, herein shall be interpreted as follows: certain terms or words used 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"; and 6. The masculine shall include the feminine. B 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 confirmed by the Council, to administer this Ordinance. Aesthetic Those qualities of a development or natural feature which contribute to a pleasant environment. Agriculture - The use of land for farming, dairying, agriculture, horticulture, floriculture, viticulture, poultry husbandry and the necessary accessory uses treating or storing the produce, provided, however, that: pasturage, animal and for packing, 1. The operation of any such accessory uses shall be secondary to that of normal agricultural activities; and 2. The above uses shall not include the feeding or sheltering of animals or poultry in penned enclosures within one hundred (100) feet 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. -3- 0'3'4' Alley - A public or private way with an improved driving surface of not less than sixteen (16) feet nor more than twenty (20) feet wide and with a platted width not wider than necessary to accommodate said driving surface, drainage, utili ties, fencing and appurtenant facili ties, 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 which is arranged, and has complete facilities. Apartment House - Any building, or portion thereof, which is designed, I 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. or suite of rooms in a multiple family structure designed or used as a single housekeeping unit and permanently installed kitchen and bathroom 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 The Ordinance 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 Ordi- nance. Applicant - Any person initiating an application for subdividing or development of land for the building or modification of any improve- men t on land. 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 compli- ance, certificates of occupancy and annexation. 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. 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 54-301 and 67-601(s). Areawide Waste Treatment Management Plan (208 Plan) - Section 208 of I 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 of vehicles. Automobile Wrecking Yard - Premises on which two (2) or more currently non-licensed motor vehicles or two (2) or more motor vehicles not in opera ting condition are s tanding more than sixty (60) days and are dismantled or stored. "Motor vehicles" includes also mobile homes, trailers or trucks. Fully enclosed buildings are exempt from this definition. Basement - A portion of a building all or partly underground but having a least one-half (1/2) of its height below the average level of the adjoining ground. -4- 035 ~ A group of lots, tracts or parcels within well-defined boundaries, usually streets. Boardinq or Lodqing 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 utili- zation of land to provide screening from that of the less intensive. I Building _ Any structure securely fixed to the land, and which is designed or intended for the shelter, enclosure or protection of persons, animals, chattels or property of any kind. Building, Accessory A subordinate building detached from, but located on the same lot as the principal building, the use of which is incidental and accessory to that of the main building or use. (For illustration, see 2-424 Al in the appendix of this Ordinance.) Building, Existing - A building erected prior to the effective date of this Ordinance or one for which a legal building permit has been issued. Buildinq, 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 illustra- tion, see 2-424 Al in the appendix of this Ordinance.) Building Setback Line - An imaginary line established by this Ordi- nance 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. 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 cemetery 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. I 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 being carried out in accordance with the terms of this Ordinance. A structure cannot be occupied until a certificate of occupancy and license have been issued. City _ The City of Meridian which has jurisdiction over the land under consideration in this Ordinance. -5- 03-8 Clinic (Medical, Dental, Optical) - A building (other than a hospital) used by one (1) or more health care practitioners for the purpose of care, diagnosis and treatment of sick, ailing, infirm or injured patients and 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 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 associa- tion, 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 (1) area and surrounded by common open space. Cluster Development (Industrial and Commercial) Units which are concentrated in one (1) 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 for livelihood, profit, ownership or management of office bUildings, offices recreational, entertainment or amusement enter- prises, or the maintenance and use of offices by professions and trades rendering services. 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 falls between neighborhood and regional shopping centers. Generally 100,000-200,000 square feet of gross floor space on a site of 8 to 30 acres. Comprehensive Plan - The Comprehensive Plan which has been officially adopted by the City of Meridian, Idaho. Conditional Use Permit - (Also known as a Special Use Permit and Special Exception.) Permit allowing an exception to the uses autho- rized by this Ordinance in a zoning districL 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 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 institu- tion licensed by the Idaho State Department of Health as a nursing home which operates or maintains facilities providing convalescence, 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. -6- I I 037 Convenience Centers - A commercial development offering goods at retail and personal services to a limited area in population. Court - A space which is open and unobstructed to the sky, located ~ grade level 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. Culvert - A drain that channels water under a bridge, street, road or driveway. I 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 proces- sing facility or feeding area where animals are kept, raised or fed in a restricted area, and where the milking area is subject to the approval of the Idaho State Department of Health. Day Care Center - An area set aside (often in a community center or a residence) for the care of small children while the parents of said resident children work or are otherwise occupied. 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 area1s physical environment. Density - A unit of measurement which specifies the number of dwelling units per acre of land. 1. Gross Density - The number of dwelling units per acre of total land to be developed, including public right-of-way. 2. 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. I 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 II All shall represent the agricultural district. The letter IIRII shall represent the residential districts, with the number following the letter IIRII representing the maximum allowable dwelling units per acre. The letter IICII shall represent the commercial districts. The letter 11111 shall represent the industrial district. The letters IILOIl 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 opera- tion. 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 usej for example, an adjustment from commercial to residential land use. -7- 038 Drive-In Establishment An establishment (other than a service station or truck stop) which is designed to acconunodate the motor vehicles and patrons in such manner as to permit the occupants of such vehicles, while remining 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 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. Dwellinq, Single-Family - A dwelling consisting of a single dwelling unit only, separated from other dwelling units by open space. Dwellinq, Two-Family (Duplex) - A dwelling designed to be used by two families consisting of two (2) dwelling units which may be either attached side by side or one above the other. Dwelling, Three-Family (Triplex) (3) attached dwelling units. A dwelling consisting of three 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. 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. Idaho Code, 54-1202(5). Entertainment Facilities (Conunercial) Any profit-making 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 (1) type of land use is permitted. There may be several variations of the type of land use, but only one (1) 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. Wi th 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 together as a single housekeeping unit in a dwelling guished from a group occupying a boarding house, motel or hotel. persons living unit as distin- lodging house, 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 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 packaging 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. -8- I I n?q t; .\} .\......' 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 lighL Governing Body - The Meridian City Council. I 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. Health Authority - Central District Health Department or Idaho State Health and Welfare Department. Hiqhway - A street designated as a highway by an appropriate State or Federal agency. 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 secon- dary 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. I Impact Area That area duly negotiated and adopted pursuant to Idaho Code 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 construc- tions 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 correc- tional services. -9- oyo 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 housewrecking and struc- tural 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. Land Use - A term used to indicate the utilization of any piece of I 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 and 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 re- quired. 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 lotj and 3) a combination of complete lots, or of portions of lots. Lot Area - The area of any lot shall be determined exclusive of street, highway, alley, road or other rights-of-way. 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 (1350). The point of intersection of the street lines is the "corner". Lot Coverage - The area of a zoning lot principal building, buildings or accessory tally projected area of the lot. The percentage. which is buildings ratio is occupied by the and the horizon- expressed as a Lot, Depth - The mean horizontal distance between the front and the rear lot lines. Where the lot is irregular and the lot lines con- verge, the rear lot line shall be deemed to be a line at a point where the side lot lines are not less than ten (10) feet apart. (For illustration, see 2-424 Al in the appendix of this Ordinance.) Lot, Double Frontage - A lot with frontage on two (2) streets. I Lot, Frontage - The distance across the lot along the street right- of-way line. Lot, Interior - A lot with only one (1) frontage on a street. Lot Lines - Property lines bounding the lot. Lot Line, Front - The 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 -10- rn.;.1 -" ~_I. _~ 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 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. ) I 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. Manufacturing, Heavy - Manufacturing, processing, assembling, storing, testing and similar industrial uses which are generally major opera- tions 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. Manufacturing, Extractive Any m~n~ng, quarrying, excavating, processing, storing, separating, cleaning or marketing of any mineral natural resource. Marquee - A permanent roofed structure attached to and supported by the building and proj ecting over public property. Mea t 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. I 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 - Amended Ordinance 207) A structure transportable in one (1) 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 (HUn). 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. -11- 042 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 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. Motor Vehicle Repair, Major - Engine rebuilding or major recondition- ing of worn or damaged motor vehicles, or trailers, collision service, including body, frame or fender straightening or repair, and overall painting of vehicles wi thin an enclosed building. I 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. Neiqhborhood Convenience Center (Commercial) A shopping center having 30,000 to 100,000 square feet of gross floor space, between four to eight acres of land, and providing for the sale of convenience goods (foods, drugs and sundries) and personal neighborhood services for the day-to-day living needs of the immediate neighborhood. New Development - Any change of land use. Non-Conforming Use - The use of land or a use of a structure or building which is not in conformance with the conditions or require- ments 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. 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. I 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 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 (1) ownership and of record at the effective date of this Ordinance. -12- nr? ;...,1' .~~r \....~ Owner - The person or entity having the ownership of record in the property. Ownership - The individual, firm, association, syndicate, partnership or corporation having a legal or proprietary interest in the 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. I parkinq 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 and 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. 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 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 Ordinance. I planned Development (PD) - An area of land which is developed as a single entity for a number of uses in combination with or e~clusive of other supportive uses. A PD may be entirely residential, indus- trial, 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 the 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 facili- ties or a PD which includes a mix of residential, commercial or industrial uses. -13- OLt!t' Planned Industrial Development (PO-I) - Any development 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 custom- arily 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 - Professional and administrative offices_ I 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 applica- tion 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 non-profit nature. Regional Shoppinq Center (Commercial) The largest of centers which is all-inclusive and self-sufficient with at (2) large department stores as the major tenants and serves a population of approximately 150,000 or more. shopping least two generally I 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, trans- portation, 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. -14- O~5 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. I 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 institu- tion 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 - 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 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 Ordinance, parallel with and measured from the lot line, defining the a yard in which no building may be located above ground may be provided in said code. (See 2-424 AI.) generally limits of except as Sidewalk - That portion of the road right-of-way outside the roadway which is improved for the use of pedestrian traffic. ~ - 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 IIsignll does not include the flag, pennant or insignia of any nation, state, city or other political unit or any political, educational, charitable, philanthropic, civic, profession- al, religious or like campaign, drive, movement or event. Siqn, 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. 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 improve- ment of a parcel of land. -15- 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 maj or roadway which is developed simply as a pattern following the outline of the road and without foundation in the comprehensive study or in fact. arv",...+-',......o. _ 'An'(.,.+-h";n".. I""In'nc:'T.....11,...+O,rI I"'\r t;Il"",:;kr-t-~n ;n t.,hi,....1-. t-hp nc:.p r~nll; r~~ 048 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 pro- ducts are maintained. Stable, Private - A detached accessory structure for the keeping of one (1) or more horses, mules or cows owned and used by occupant of the premises and not for remuneration, hire or sale. Stable, Riding - A structure used or designed for the boarding or care of riding horses. Standard Specifications - The specifications as specified in this Ordinance and as officially adopted by the City. State - The State 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 (6) feet above grade (as defined herein) for more than fifty percent (50%) of the total perimeter or is more than twelve (12) feet 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, Urban System - *1 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. *2 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. *3 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. *4 Local Streets - That which comprises all facilities not on the other of the higher systems. Local streets serve primarily to provide direct access to abutting land and access to the higher order system. Examples of local streets are alleys (which provide secondary access at the back or side of a property otherwise abutting a street); loopstreets (a minor street with both terminal points on the same street or origin); cul-de-sac (a street connected to another street at one (1) end only and provided with a turnaround space at its terminus; partial street -16- I I O~7 I (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 I 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. Street, Rural System - *1 Principal Arterial - A connected rural network of continuous routes which serves corridor movements having trip length and travel density characteristics indicative of substantial state- wide or interstate travel. *2 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. *3 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_ *4 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. *5 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, 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. I 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 of 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 -17- 048 be deemed a structure_ deemed a structure. public utility power poles shall not be 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 suffi- cient 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 tract or parcel of land into two or more parts_ The sion" shall also include the dedication of a public addition to, or creation of, a cemetery. However, shall not apply to any of the following; original lot, term "subdivi- street and the this Ordinance L An allocation of land in the settlement of an estate of a decedent or a court decree for the distribution of property; 2. The unwilling sale of land as a result of legal condemnation as defined and allowed in the Idaho Codej 3. The widening of existing streets to conform to the Meridian Comprehensive Planj 4. The acquisition of street rights-of-way by a public agency in conformance with the Meridian Comprehensive Plan; and 5. 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. Idaho Code, 54-1202(h). 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 struc- ture 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 indi- cates the munber 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 -18- I I n;~q ....f :i '""' and greases to on-premise 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. I 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 signif- icant amounts of vacant land intermixed with parcels of urban develop- ment 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 desig- nated, 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 Riqhts - 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. I 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 five (5) feet or more in width 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 (3) feet above the general ground level of the graded lot upward provided tha t 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.) -19,. 050 2-404 1. 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. 2. Rear Yard - A yard extending between side lot lines across the rear of a lot and from the rear lot line to the rear of the principal building. 3. 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 establihsing the front and rear yards. 4_ 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. I 5. Court Yard - See IICourtll. 6. 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 Ordinance; that is, the Zoning and Development Ordinance of the City of Meridian. I A ADMINISTRATION General Provisions: For the purpose of carrying out the provisions of this Ordinance, an Administrator and Commission is hereby created and the administration of this Ordinance is hereby vested in the following: 1_ The Administrator 2. The Building Inspector 3. The Commission 4 _ The Council -20- 2-404 I 2-404 I 051 B ADMINISTRATOR L Appaintment: The Cammissian .or designated member .of the City staff shall be appainted by the Mayar and canfirmed by the majority vate .of the Council of the City .of Meridian. 2. Administrative Appeals: Cauncil shall hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation .or determinatian made by the adminis- trator, inspector or the Commission. 3. Duties: The administratar .or designated staff shall administer and enfarce this Ordinance and fulfill all duties impased by law including, but nat limited to: a. Receive applicatian and distribute to praper authorities; b. Notify the news media regarding matters of public interest; c. Issue zaning permits, .occupancy permits, Certificates .of Zaning Campliance; natificatians and care far similar administrative duties; d. Investigate all vialatians .of this Ordinance, and natify in writing the persan respansible for such violation(s), and order the action necessary to correct such vialation(s); and e. Assist the Cammission and Cauncil in carrying aut the pravisians .of this Ordinance. C COMMISSION 1. The Cammissian shall cansist .of not less than five (5) voting members, with one member added for each additional 5,000 increase in papulatian abave 5,000. They shall be appointed by the Mayor and canfirmed by majarity vate .of the council for terms nat less than three (3) .or mare than six (6) years. An appainted member of the Commission must have resided in the County far five (5) years and the City far .one (1) year priar ta his appointment, and must remain a resident of the City during his service an the Cammissian. Except that at least .one (1) but nat more than twa (2) members may be appointed fram residents .of the City Impact Area outside the corporate city limits. Such members shall have similar residence requirements as those within the City. Members .of the Cammission shall be selected withaut respect ta palitical affiliatians and shall serve withaut campensatian. Members may be remaved far cause by a majority vote .of the Cauncil. 2. organizatian: The Cammissian shall elect a Chairman and create and fill any other office that it may deem necessary. A Cammis- sian may establish subcammittees, citizen advisary committees, hearing examiners or neighborhood graups ta advise and assist in carrying out the responsibilities. A Cammissian may appaint non-vating ex afficia advisars as may be deemed necessary. 3. Rules, Records and Meetings: Written .organization papers or bylaws consistent with this Ordinance and ather laws .of the State for the transactian .of business of the Commissian shall be adapted. A recard .of meetings, hearings, resalutions, studies, findings, permits and actians taken shall be maintained. All meetings and records shall be open ta the public. At least .one (1) regular meeting shall be held each month far nat less than nine (9) months in a year. A majority of voting members of the Cammissian shall constitute a quarum. 4. Expenditures and Staff: With appraval of the Cauncil, the Cammissian may receive and expend funds, gaods and services from the Federal gavernment or agencies and instrumentalities of State .of local gavernments .or from civic and private saurces and may contract with these entities and pravide informatian -21- 052 2-404 2-404 2-404 2-405 2-405 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. 5. Duties: For the purpose of this Ordinance, the Commission shall have the following duties: a. Initiate proposed amendments to this Ordinance and conduct an annual review of the complete Ordinance; b. Review all proposed amendments to this Ordinance, and make recommendations to the Council; and c. Review all subdivisions and Planned Developments (PD, contract zoning applications, zoning applications, annexa- tion applications and conditional use), and make recommenda- tions to the Council. I D COUNCIL 1. Duties: For the purpose of this Ordinance, the Council shall have the following duties: a. The Council shall hear and decide appeals where it is alleged there is an error in an order, requirement, deci- sion, interpretation or determination made by the Admini- strator, Commission or Building Inspector; b. The Council creating the Commission shall provide that the area and interests within its jurisdiction are broadly represented on the Commission. E BUILDING INSPECTOR 1. Duties: Inspects residential, commercial, industrial buildings or structures and projects for compliance with building codes, ordinances, zoning and safety requirements and performs other related duties as assigned. F CONFLICT OF INTEREST Any member or employee of the Councilor Commission shall not parti- cipate 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. GENERAL ORDINANCE PROVISIONS I A INTERPRETATION I. Minimum Requirements: The prOV1Slons herein shall be held to be the minimum requirements for the promotion of the public health, safety, morals and welfare. 2. Relationship with Other Laws: Where the conditions imposed by any provision herein upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provision herein or any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall govern. 3. Effect on Existing Agreements: This Ordinance is not intended to nullify any easement, covenant or any other private agreement provided that where the regulations of this Ordinance are more -22- 2-405 I 2-405 2-405 I n~~'1 -;,-"" ,) restrictive or impose higher standards or requirements such easement, covenants or other private agreements, requirements herein shall govern. than the B SCOPE OF REGULATIONS 1. Changes in Structure or Use: Within the corporate limits of the City of Meridian, except as may otherwise be provided in this Ordinance, all uses of land or buildings established hereafter, and all structural alterations or relocation of existing buildings occurring hereafter, shall be subject to all regulations herein which are applicable to the districts in which such buildings, uses or land shall be located. 2. Non-Conforming Buildings, Structures and Uses: Any lawful building, structure or use existing at the time of the enactment of this Ordinance may be continued, even though such building, structure or use does not conform to the provisions herein for the district in which it is located. whenever a district shall be changed hereafter, the then existing lawful use may be continued but subject to the provisions of this Ordinance_ 3. 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 Ordinance, and provided that construction is begun within ninety (90) days from such effective date and diligently pursued to completion, said building or structure may be completed in accordance with the approved plans on the basis of which the building permit was issued, and further may upon completion be occupied under a Certificate of Occupancy by the use for which originally designed, subject thereafter to the provisions of this Ordinance. C USE AND BULK REGULATIONS I. Use: A building, structure or land shall hereafter be used or occupied, and a building or part thereof, or other structure, shall be erected, raised, moved, reconstructed, extended, enlarged or altered only as in conformity with the regulations herein specified for the district in which it is located. Exceptions to the use and bulk regulations of this Ordinance shall be only by Conditional Use. 2. 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 Ordinance by Conditional Use. D LOT COVERAGE L Maintenance of Yards, Courts and Other Open Spaces: The main- tenance of yards, courts, other open spaces and minimum lot area legally required for a building shall be a continuing obligation of the owner or his successor in title of such building or of the property on which it is located as long as the building is in existence. Furthermore, no legally required yards, courts, other open space or minimum lot area allocated to any building shall (by virtue of change of ownership or for any other reason), be used to satisfy yard, court, other open space or minimum lot area requirements for any other building. 2. Division of Lots: No improved lot shall hereafter be divided into two (2) or more lots unless all improved lots resulting from each division shall conform with all the applicable regula- tions of the district in which the property is located. 3. Location of Required Open Space: All yards, courts and other open spaces allocated to a building or dwelling group shall be located on the same lot as such building or dwelling group except as permitted in an approved Planned Development (PD). -23... 054' 2-405 2-405 2-405 2-405 2-406 2-406 2-406 2-406 2-406 E LOT AREA AND DIMENSION When two (2) or more parcels of land (each of which lacks adequate area and dimension to qualify for a permitted use under the require- ments of the use district in which they are located) are contiguous and are held in one (1) ownership, they shall be used as one (1) lot for such use. F ACCESS TO PUBLIC STREET Except as otherwise provided for herein by planned Developments (PD), every residential building shall be constructed or erected upon a lot or parcel of land which abuts upon a public street unless access by means of a permanent recorded easement is approved by the City. I G NUMBER OF BUILDINGS ON LOT Except in the case of a Planned Development (PD), not more than one (1) principal detached building shall be located on a lot. H 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 Ordinance, it shall be considered a legal conditional use without further action of the Commission or Council. NON-CONFORMING BUILDINGS, STRUCTURES AND USES A INTENT It is the intent of this Ordinance to permit conforming uses. All applications for the enlargement, expansion, extension of non-conform- ing 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 Section 2-418 of this Ordinance. B AVOIDANCE OF UNDUE HARDSHIP To avoid undue hardship, nothing in this Ordinance 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 or amendment of this Ordinance and upon which actual building construction has been carried on diligent- ly. C SINGLE NON-CONFORMING 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) at the effective date of adoption or amendment of this Ordinance, notwithstanding limitations imposed by other provisions of this Ordinance. Such lot must be in separate ownership and not of contin- uous 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. I D NON-CONFORMING LOTS OF RECORD IN COMBINATION 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 this Ordinance, all reasonable attempts shall be made to meet the requirements of this Ordinance prior to the issuance of a building permit for anyone of the lots. However, in no event shall the City require the replatting of said combination of lots so that the requirements of this Ordinance can be met. It is the intent of this section to try to have existing recorded -24- I I 2-406 2-406 2-406 2-407 2-407 055 platted lots meet the requirements of this Ordinance, 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. E NON-CONFORMING USES OF STRUCTURES OR OF STRUCTURES AND LAND IN COMBINATION 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 Ordinance that would not be allowed in the district under the terms of this Ordinance, the lawful use may be continued so long as it remains otherwise lawful, subj ect to the following provisions: L No existing structure (devoted to a use not permitted by this Ordinance in the district in which it is located) may be en- larged, extended, constructed, reconstructed, moved or struc- turally 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; 2. A non-conforming 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 Section 2-418 of this Ordinance. 3. When a permitted use is substituted for a non-conforming use concerning any structure or structure and land in combination, the use shall thereafter conform to the regulations of the district, and the non-conforming use may not thereafter be resumed. 4. When a non-conforming use of a structure, or structure and land in combination, is discontinued or abandoned for more than one (1) 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 S. Where non-conforming use applies to a structure and land in combination, removal or destruction of the structure shall not eliminate the non-conforming status of the land. F REPAIRS AND MAINTENANCE On any non-conforming structure, or portion of a structure containing a non-conforming use, work may be done on ordinary repairs or on repair or replacement of non-bearing walls, fixtures, wiring or plumbing. The existing cubic content of a non-conforming structure or portion of a structure containing a non-conforming use shall not be increased before an application shall be submitted to the Commis- sion and in accord with the Conditional Use procedures of Section 2-418 of this Ordinance. G USES UNDER CONDITIONAL USE PROVISIONS NOT NON-CONFORMING USES Any use which is permitted as Conditional Use in a district under terms of this Ordinance shall not be deemed a non-conforming use in such district, but shall, without further action, be considered a conforming use. ZONING DISTRICT MAP AND DISTRICTS A ZONING DISTRICT MAP The districts established in this Ordinance as shown on the Official Zoning Map, together with all explanatory matter thereon, are hereby adopted as part of this Ordinance. 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: -?5- 058 2-407 2-407 2-407 1. Where district boundaries are indicated as approximately follow- ing the centerline of street lines, highway right-of-way lines, streams, lakes or other bodies of water, the centerline shall be construed to be such boundary; 2. Where district boundaries are so indicated that they approxi- mately follow the lot lines, such lot lines shall be construed to be said boundaries; 3. Where district boundaries are so indicated that they are approxi- mately parallel to the centerlines or street lines of streets, or the centerlines 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 I 4. 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. B COMPLIANCE WITH ZONING DISTRICT REGULATIONS The regulations for each district set forth by this Ordinance shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided: 1. No building, structure or land shall be used or occupied and no building or structure or part thereof shall be erected, con- structed, reconstructed, moved or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located; 2. No building or other structure shall be erected or altered: a. To provide for greater height or bulk; b. To accommodate or house a greater number of families; c. To occupy a greater percentage of lot area; or d. To have narrower or smaller rear yards, front yards, side yards or other open spaces; and 3. No yard or lot existing at the time of passage of this Ordinance shall be reduced in dimension or area below the minimum require- ments set forth herein. Yards or lots created after the effec- tive date of this Ordinance shall meet at least the minimum requirements set forth herein. C OFFICIAL SCHEDULE OF DISTRICT REGULATIONS ADOPTED 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 Ordinance. - - I The districts of the City of Meridian are divided into four (4) land use groups: Agricultural, 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. D USES NOT SPECIFICALLY PERMITTED OR LISTED IN DISTRICTS 1. 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. -26- I I 2-408 2-408 2-408 n r)7 u,..... " 2. Conflict between district regulations in former Ordinances whether primary or conditional. Any legal use in effect prior to enactment of this Ordinance 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 nonnal expiration date of said approval and/or extension thereof. ESTABLISHMENT AND PURPOSE OF ZONING DISTRICTS A INTENT The following districts are hereby established. For the interpreta- tion of this Ordinance, the zoning districts have been formulated to realize the general purposes as set forth in this ordinance. In addition, the specific purpose of each zoning district shall be as stated. B ZONING DISTRICTS 1. (R-4) Low Density Residential District: The purpose of the (R-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantely residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of reSidential areas by prohibiting the intrusion of incompatible non-residential uses. The (R-4) District allows for a maximwn of four (4) dwelling units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian. 2. (R-8) Mediwn Density Residential District: The purpose of the (R-8) District is to permit the establishment of single and two (2) family dwellings at a density not exceeding eight (8) dwelling units per acre. This district delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two (2) family dwell- ings in well-established neighborhoods of comparable land Use. Connection to the Municipal Water and Sewer Systems of the City of Meridian is required. 3. (R-IS) Mediwn High Density Residential District: The purpose of the (R-IS) 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 transpor- tation arterial or collector, abut or have direct access to a park or open space corridor, and be connected to the Municipal Water and Sewer Systems of the City of Meridian. The predominant housing types in this district will be patio homes, zero lot line single- family dwellings, townhouses, apartment buildings and condominiums. 4. (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. This District is to be located exclusively within the Mixed Use Review Area designed as OLD TOWN in the Comprehensive Plan. Connection to the Municipal Water and Sewer System of the City of Meridian is required. s. (L-O) Limited Office District: The purpose of the (L-O) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The L-O District is designed to act as a buffer between other more intense non-residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water and Sewer System of the City of Meridian is a requirement in this district. -27- 058 6. (C-N) Neighborhood Business District: The purpose of the (C-N) District is to permit the establislunent 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 arterials or collec-- tors, be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute all or any part of a strip development concept. 7. (C-C) Community Business District: The purpose of the (C-C) District is to permit the establislunent 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 con- nected to the Municipal Water and Sewer systems of the City of Meridian. 8. (C-G) General Retail and Service Commercial: The purpose of the (C-G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not consti- tute strip commercial development and encourage clustering of commercial development. 9_ (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 of Meridian. Development in this district must give attention to the handling of high volumes of traffic, adequate parking, and pedestrian movement, and to provide strip commercial development, and must be approved as a conditional use, unless otherwise permitted. 10. (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 establislunents 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 transporta- tion arterials or colle~tors, designed to convey large volumes of traffic through non-residential areas to major highways and thoroughfares. It must also be in such proximity to insure connectio~ to the Municipal Water and Sewer systems of the City of Meridian for domestic requirements. The district is further -28- I I 0.53 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. I 11. (I-L) Light Industrial; The purpose of the (I-L) Light Indus- trial 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 indus- trial development because of location, topography, existing facilities and relationship to other land uses _ This district must also be in such proximity to insure connection to the Municipal Water and Sewer systems of the City of Meridian. Uses incompatible with light industry are not permitted, and strip development is prohibited. 12. (M) Mineral Extracting & Processing District; The purpose of the (H) District is to delineate those areas with known mineral resources and to set aside such land for the extraction, process- ing and storage of mineral resources. This district is designed to assure that the intrusion on non-compatible land uses does not preclude the extraction and processing of said minerals, and to assure that the extraction of these resources is so managed and the land reclaimed in such a manner that no hazard or nuisance be created which either immediately or in the future may adversely affect the health, safety or general welfare of the community. Hineral 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 district must connect to City water and sewer. 13. (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 agricul- tural land uses and shall not hinder the movement of the flood waters. (The (FP) district is superimposed over the other districts.) I 14. (MUR) Hixed 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. 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Q.l Q~ .-I 3: lJ o Q Cll III t.l 112 :>t g' fI 'O+Jr-t+JCIl C CIl.,-i s:: 00 n; CIl E 0 ~lit~+J .-I+JlZ.lz.1lS 11:1001 .,-i Cll +J 1Il ,.........-fQ.l+J CUIlSOICllO +JlJa~...:l ,.. o.,-i +J <..:lU1U1 III +J Cll Q.l ~ +J 00 I --- .-I N (I") -IC --- I I 2-410 2-411 2-411 2-411 2-411 2-411 067 B SUPPLEMENTAL YARD ANn HEIGHT fmGULATIONS In addition to all yard regulations specified in the Zoning Schedule of Bulk and Coverage Controls and in other sections of this Ordinance, the following provisions shall be adhered to: 1. 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 2-424 A2 in the appendix of this Ordinance for illustration.). Yard Requirements for Multi-Family Dwellings: Multi-family dwellings shall be considered as one (1) building for the purpose of determining front, side and rear yard requirements. The entire group as a unit shall require one (1) front, one (1) rear and two (2) side yards as specified for dwellings in the appropriate district. 2. 3. Requirements for Non-Residential Uses Abutting Residential Dis- tricts: Screening and/or other buffer requirements, as stipu- lated by the Commission or Council, shall be provided. Said screening at a height of six (6) feet, maintained in good condition and free of all advertising or other signs; for screening required for parking areas, see 2-414 D2. - 4. Architectural Projections: Open structures such as porches, canopies, balconies, platforms, carports, covered patios 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. 5. 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_ RESIDENTIAL HOUSING STANDARDS A All new residential housing built in the City of Meridian shall comply with the most recent edition of the Department of Housing and Urban Development Minimum property standards, the Uniform Building Code, and the State of Idaho regulatory agencies and the Ordinances, Resolutions and Policies of the City of Meridian, and see Subdivision Ordinance Section9-60l, et al. B All new residential housing developments in the City of Meridian shall be designed to insure compatibility with adjacent existing and/or proposed developments. C All new residential housing developments in Meridian shall be subject to design review to insure that the proposed housing units are within an established area of community housing need as defined by the Meridian City Housing Plan which includes the HUn Housing Inven- tory and Housing Goals and the objectives of the Merdian Comprehensive Plan. D SINGLE-FAMILY (R-4, R-B, R-IS) DETACHED HOUSING SQUARE FOOTAGE REQUIREMENTS All new single-family detached housing in Zones R-4, R-8 and R-IS shall be constructed to contain at least 1,300 square feet of living space (garage not to be included in determining living space) unless -37- 068 2-411 E 2-411 F 2-411 2-412 2-412 there is dispersed among the new residential development houses of varying sizes, and the following schedule shall set the percentages and accompanying sizes that shall. exist in all new residential developments, except for those containing houses, all of which will contain 1,300 square feet or more, it being understood that the below schedule is a minimum schedule and houses of larger sizes may occupy a larger percentage than as set forth below: L No houses may be constructed which are less than 999 square feet; 2. Ten percent of the houses in a residential development may be between 1,000 and 1,099 square feet; 3. Twenty percent of the houses in a residential development may be between 1,100 and 1,199 square feet; I 4. Forty percent of the houses in a residential development may be between 1,200 and 1,299 square feet; 5. Thirty percent of the houses in a residential development may be larger than 1,300 square feet. All houses below the 1,300 square foot size shall be interspersed uniformly throghout the entire development. All new residential housing development plats shall have the individ- ual lots marked showing the minimum size house that can be con- structed thereon, and no plat shall be recorded henceforth without such indication clearly shown thereon. That prior to the enactment of Ordinance 383 on January 5, 1981, most residential developments and plats were approved by the City of Meridian with a minimum housing size of 1,350 square feet being contained in the restrictive covenants of the subdivision. This section shall not have the effect of removing that 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 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 purposes 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 (300) feet 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. I G That the requirements of 2-411 0 shall not apply to any residential housing development that was not initially restricted to a minimum house size. FLOODPLAIN OVERLAY DISTRICT (FP) A PURPOSE 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 -38- I I 2-412 2-412 2-412 069 ~\ and shall not hinder the movement of floodwaters. The FP District is superimposed over other districts. B 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 Council under the Special Use Permit procedure and deemed appropriate to be located within the floodway or floodway fringe. C SPECIAL USE When authorized under the procedure provided for special uses in this Ordinance, the following uses will be permitted in a Floodplain Overlay Zone: L Structures used in carrying out permitted activities provided detailed engineering data is supplied by the applicant who bears the burden of proof that such structures can be located in areas of plateaus, benches or upon man-made fills or can be otherwise elevated so as not to be affected by flood waters, provided that: a. Sewer and water systems shall be flood-proofed and approved by the District Health Department of the Department of Health and Welfare that has jurisdiction; and b. 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 (1) foot above the elevation of the IOO-year flood level. No basement floor shall be below this one (1) foot safety margin. Foundations of all structures shall be designed and constructed to withstand flood conditions at the site; and c. The applicant will provide an engineer's certification that the above requirements have been fulfilled. 2. 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. D CONDITIONS Conditions that may be required by the Commission in approving the use of structures in a Floodplain OVerlay Zone shall include: 1. Limitations on periods of use and operation; 2. Imposition of deed restrictions; 3. Location and arrangement of structures within the floadway and floodway fringe areas to avoid an increase in flood heights during the recurrence of the IOO-year flood discharge; 4. Requirement for construction of channel modifications, dikes, levees and other protective measures; s. Placement of survey bench marks; and 6. Flood-proofing measures designed to be consistent with flood protection elevation for a particular area: a. Anchorage to resist flotation, collapse and lateral move- ment; -39- 070 2-412 2-412 2-412 2-412 2-412 b. Installation of watertight doors, bulkheads and shutters; c. Reinforceme'nt of walls to resist water pressures; d. Use of paints, membranes or mortars to reduce seepage of water through walls; e. Addition of mass or weight to structures to resist flota- tion; f. Installation of pumps to lower water levels in structures; g. 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 wa ters ; I h. Pumping facilities for subsurface external foundation wall and basement flood pressures; i. Construction to resist rupture or collapse caused by water pressure or floating debris; j. Cut-off valves on sewage lines or the elimination of gravity flow basement drains; and k. Location of on-site waste disposal systems so as to avoid impairment of them or contamination from them during flooding. E 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. F 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 wi thin the floodplain may need to be allowed to develop to an equivalent extent within the floodway and, therefore, the accumulative effects of all such en- croachments must be considered by the Commission in making any decision. G NON-LIABILITY CLAUSE The granting of approval of any structure or use shall not constitute I 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. H 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_ I PROI:IIBITED 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, non-conform- ing uses may continue as herein provided. -40- I I 2-413 2-413 2-413 071 PERFORMANCE STANDARDS FOR DIST~ICT USES A GENERAL PROVISIONS In addition to all other regulations as specified in this Ordinance, the following provisions shall be adhered to: 1. Conversion of Dwellings to More Units: A residence may not be converted to accommodate an increased number of dwelling units Wlless: a. The yard dimensions still meet the yard dimensions required by the Ordinance regulations for new structures in that district; b. The lot area per dwelling unit equals the lot area require- ments for new structures in that district; c. The floor area per dwelling unit is not reduced to less than that which is required for new construction in that district; and d. The conversion is in compliance with all other relevant codes and ordinances. 2. 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. 3. Required Trash Areas: All. trash and/or garbage collection areas for conunercial, 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 (4) feet 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. B PROVISIONS FOR COMMERCIAL AND INDUSTRIAL USES 1. No land or building in any district shall be used or occupied in any manner creating dangerous, injurious, noxious, or other- wise objectionable conditions which could adversely affect the surrounding areas or adjoining premises except that any use permitted by this Ordinance 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: a. Fire Hazards t Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate fire-fighting 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; ~. 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; c. Noise: Obj ectionable noise which is due to volume, fre- quency, or beat shall be muffled or otherwise controlled. Air-raid sirens and related apparatus used solely for public purposes are exempt from this requirement; -41- 072 2-413 d. Vibration: No vibration shall discernable without instruments property; be permitted which is on an adj oining lot or e. Air Pollution: Air pollution shall be subject to the requirements and regulations established by the Health Authorities; f. Glare: No direct or reflected glare shall be permitted which is visible from any property outside an industrial district or from any street; g. Erosion: No erosion by man, wind, or water shall be permitted which will carry objectionable substances onto neighboring properties; I h. Water Pollution: Water pollution shall be subject to the requirements and regulations established by the Health Authorities; 2. 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 accepta- ble limits and tolerances; 3. Measurement Procedures: Methods and procedures for the determi- nation 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 Author- ity; Section 13.03. C PROVISIONS FOR UNIQUE LAND USES Certain unique land uses pose special problems that may have detrimen- tal 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 Ordinance_ 1. Accessory Buildings: a. All parts of an accessory building shall be located within the lot of ownership. where an alley has been vacated, permitted accessory uses may be located at the centerline 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; I 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. No accessory building or structure shall occupy more than forty percent (40%) of the area of a required rear yard; and d. No accessory building or portion thereof required rear yard shall exceed fifteen height. located in a (15) feet in -42- 0,73 2. Animal Clinic, Animal Hospital, Veterinary office and Kennel: a. will be located at least three hundred (300) feet 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 sound-proof struc- tures that completely screen them from view of the abutting residential property; and b. 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. I 3. Animal Commercial Feed Lots, Meat Packinq, Processing Plant and Slaughterhouse Facilities: a. will be located, when housing animals, feed lot, or holding pens, not less than six hundred (600) feet from any resi- dence except for an owner I s residence. Such facilities shall have a minimum setback of thirty (30) feet from any property line; b. 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 c. will be adequately maintained with housekeeping practices to prevent the creation of a nuisance, and shal! also be subject to the requirements of the Health Authority as to the elimination of waste materia!s and maintenance of water quality contro!. 4_ Bulk Storage of Flammable Liquids and Gases, Above Ground and for Resale: a. Will be located and constructed according to the regulations of the Uniform Fire Code and Uniform Life Safety Code; b. will be erected subject to the approval of the Meridian Fire Chief; and c. Will have suitable loading and unloading spaces and off- street parking facilities subject to the approval of the Meridian Fire Chief. 5. Chemica!s, Pesticide and Fertilizer Storage and Manufacturing: a. will have adequate fire protection, storage area, handling and disposal as approved by the Meridian Fire Chief; and I b. Will be located and constructed according to the regulations of the Uniform Fire Code and Uniform Life Safety Code. 6. Contractor's Yard: a. Will be located a m1n~um distance of three hundred (300) feet from any residence except for an owner1s residence; b. Will have a screening fence around areas utilized for storage of equipment; and c. Will be limi ted to storage, maintenance and processing incidental to contracting work. There shall be no general industrial or commercial uses. 7. Drive-In Establishment: Will avoid the direction of night lighting toward any residence. -43- 074' 8. Drive-In Restaurant: a. Will be enclosed on the property line with landscaping and fencing, except for ingress and egress, to prevent trash from moving onto other properties; b. Will have a six (6) foot high sight-obscuring fence along the property lines that adjoin a residence; c. will provide for adequate trash receptacles; and d. will avoid the direction of night lighting toward any residence. 9. Filling, Grading, Lagooning, Dredging or Other Earth-Moving Activity: a. will result in the smallest amount of bare ground exposed for the shortest time feasible; I b. will provide temporary ground cover such as mulch; c_ will use diversions, silting, basins, terraces, and other methods to trap sediment; d. will provide lagooning in such a manner as to avoid creation of fish trap conditions; e. will not restrict a channel or natural drainageway; f. Will construct and stabilize sides and bottom of cuts, fills, channels and artificial watercourses to prevent erosion or soil failure; g- will not have below-grade excavation except for drainageways within fifty (SO) feet of any lot line or public right-of- way; and h. Will restore topsoil or loam to a depth of not less than four (4) inches. 10. Gravel Pits, Rock Quarries, Sand and Clay Pits and Other Natural Resources of commercial Value: a. 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 compa tible with surrounding area; b. 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 c. Safety fencing shall be erected around all pits that create a safety hazard. I 11. Home Occupations: 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 is customarily incidental to domestic use; -44- 075 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 Ordinance and shall not be located in a required front yard; and e. No equipment or process shall be used in such home occupa- tion which creates noise ,vibration, glare I fumes, odors, 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. 12. Outdoor Storage of Commercial and Industrial Materials: a. 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 b. will not be located in any front yard setback area. 13. Riding Stables and Riding Schools: a. Will locate all stables or loafing sheds not nearer than one hundred (100) feet from any residence except for an owner 's res1dence. All facilities shall be set back a distance of thirty (30) feet from any property line; b. 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 c. Will require that the owner or operator of such use shall have a continuous obligation to maintain adequate housekeep- ing practices to prevent the creation of a nuisance. 14. Rifle and Pistol Range: a. Will be designed with a backstop or designed to avoid a line of fire that is directed towards any residence or business within one (1) mile; b. Will incorporate landscaping that is compatible with the surrounding landscaping; and c. will provide supervision and. security measures during periods of use. 15. Sanitary Landfill: a. will conform to time limits for daily operation as defined by the Council; b. Will provide a performance bond for privately owned sites to insure compliance with the provisions of the Certificate of Zoning Compliance; -' c. Will provide for a paved street to the facility; and d. will be supervised during the hours of operation. 16. Wrecking Yard: a. will be completely enclosed by a solid six (6) foot high site-obscuring fence; b. will not result in the storage of automobile, junk, or salvage material that is visible from any public right-of- way; -45- 078 2-414 2-414 c. will not result in storage of automobiles that exceeds the height of the fence; and d. will have such landscaping that is appropriate with the surrounding area. OFF-STREET PARKING AND LOADING FACILITIES A GENERAL REQUIREMENTS 1. No building or structure shall ~e 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 Ordinance. 2. Change of Use: When the intensi ty 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, pa.rking 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 Ordinance shall be required to provide such additional parking or loading facilities. 3. 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. 4. 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 Ordinance, or were provided voluntarily after such effec- tive date, shall not thereafter be reduced below or (if already less than) shall not further be reduced below the requirements of this Ordinance for a similar new building or use. 5. permissive Facilities: Nothing in this Ordinance 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. 6. Damage or Destruction of Facilities: For any conforming or legally non-conforming building or use which is in existence on the effective date of this Ordinance (which subsequent thereto is damaged or destroyed by fire, collapse, explosion, or other cause and which is reconstructed, re-established, 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. 7. Required Submission of Parking Site Plan: All development applications shall include a site plan (drawn to a minimum scale of one (1) inch equals fifty (50) feet) which is fully dimensioned and shows any parking or loading facilities to be provided in compliance with this Ordinance. 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. 8. 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. -46- I 2-414 2-414 0,77 V,, . B USE OF PARKING FACILITIES AND PARKING REGULATIONS 1. 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. 2. 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. 3. 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 completely enclosed building or carport. However, one (1) boat and one (1) travel trailer may be stored in the side or rear yard. 4. Abandoned or Wrecked Vehicles: See Title 8, Chapter 18 City Ordinance. C LOCATION OF OFF-STREET PARKING 1. 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 minimtun 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. 2. Residential Accessory Off-Street Parking: parking spaces accessory to dwellings shall be located on the same zoning lots as the use served. 3. commercial Accessory Off-street parking: All required parking spaces shall be within three hundred (300) feet 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 (200) feet of and adjacent to any commercial district. 4. 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. 5. 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. 6. Minimum Distance and Setbacks: No part of any parking area for more than ten (10) vehicles shall be closer than twenty (20) feet 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 (4) feet to any established street or alley right-Of-way. 7. Yard ReQuirements: Off-street parking spaces in yards shall conform to the following: -47- 078 2-414 Front Yards a. No parking shall be permitted in a front yard for one (1) and two (2) family dwellings; b. Parking is allowed in a front yard on a private driveway serving one (1) family and two (2) family dwellings, but three (3) or more family dwellings may have landscaped parking in the front yards; c. Parking between the front line of any portion of the building and the street shall be limited to private passen- ger automobile (except as otherwise permitted); d. Concerning front yard parking for multi-family dwelling units, parking spaces shall be twenty-five (25) feet in length; Side Yards e. Parking is not permitted in any side yard except in Residen- tial Districts of R-4, R-8 and R-ls; Rear Yards f. In any "CII District when a rear yard is adjacent to an "R" District, there shall be no parking in the four (4) feet adjacent thereto. (See screening requirements, 2-414 D2. ) D DESIGN STANDARDS FOR OFF-STREET PARKING 1. Size and Dimension: The size and. design of off-street parking shall be in accordance with the standards as shown in 2-414 D6. 2. Screening or Landscaping:. a . Landscapinq: Landscaping shall be required for all off- street parking areas -for multi-family res_idential, commer- cial, industrial and technical developments; b. Underground sprinkling systems shall be required to maintain screening, planting strips, and other landscaping. c. Screening: 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 (4) feet in height plus a planting strip of four (4) feet minimum width or in an alternate arrangement as approved by the Commission. Sui table landscaping and ground cover shall be provided and maintained on a continuing basis wi thin the planting strip. Planting screens or hedges shall not exceed two (2) feet in height where location is such that sight lines are necessary for vehicular movement across pedestrian ways. At least one (1) tree of not less than three (3) inch diameter size class shall he provided for every 1,500 square feet of pavement area. 3. 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 spillover into adjacent Residential Districts. All parking lot lighting arrangements shall be installed as approved by the City Engineer. The following standards shall apply to all off-street parking lots; -48- --"L"o" I ---- 2-414 - '-, '-.. . ..._. 'a. All lighting fixtures shall not be placed higher than thirty-five (35) feet above the finished grade; b. Fixtures shall be of the non-spill type and hooded to prevent glare; c. Candle power per fixture shall be in accordance with the standards established by the City; and d. Minimum security lighting "shall be provided from eleven o'clock (11:00) p.m. to sunrise as approved by the City Engineer. 4. Paving: All open off-street parking areas shall be -paved in accordance with the standards established by the City. 5. 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 be striped with double lines six (6) inches both sides of center between stalls to facilitate the movement into and out of the parking stalls. 6. Off-Street Parking Desiqn and Dimensional Tables: PARALLEL 450 600 900 450 600 900 Parallel 13' 10' 10' 9' 15' 18' 19' 23' 13' 17' 25' 12' A. Width of Parking Space B. Length of Parking Space C. Width of Driveway Aisle E SCHEDULE OF PARKING SPACE REQUIREMENTS 1. Computation of Parkinq 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 (1/2) shall be counted as one (1) parking space. 2. For the purpose of this Ordinance, the following parking space requirements shall apply: Type of Use Parking Space Required a. Residential (1) Single-family or two (2) family dwelling (2) Multi-family dwelling with three (3) or more dwelling units Two (2) for each unit; Two (2) for each unit; -49- 0"(3 - 080 (3) Hotel or Motel (4) Boarding or Lodging House which has sleeping rooms (5) Mobile Home Park & Mobile Home Subdivision b. commercial (1) service station & Motor Vehicle Repair (major or minor) (2) Banks, financial insti- tutions and similar uses (3) Department Store (4) Mortuaries (5) Sales (automotive, mobile home, travel trailers, farm imple- ments) (6) Professional Offices (7) Retail Stores (a) Drive-In Establishment (9) Clinic (medical, dental, optical) and Veterinary Animal Hospital or Clinic c_ Community Service Uses (1) School and other Institutional Auditor- huns (2) Hospitals -50- One (1) for each room plus one (1) for each two (z) employees; One (1) for each sleeping room plus one (1) space for each employee; Two (2) for each unit plus one (1) additional space for each five (5) units; Two (2) for each service b",y; One (1) for each two hundred (ZOO) sq. ft. of floor area; One (l) for each four hundred (400) sq. ft. of gross floor area; One (l) for every three (3) seats, plus one (1) parking space for each funeral vehicle kept on the premises; One-third (1/3) of the sales lot for designated customer parking; One (1) for each four hundred (400) sq. ft_ of gross floor area; One(l) for each two hundred (200) sq. ft. of gross floor area; Five (5) reserved spaces per customer service window; One (1) for each two hundred (200) sq. 'ft. of gross floor area of examination, treating room, office, and waiting room. One (l) for each four (4) auditorium seats with adequate spaces for buses in connection with the activity of the institu- tion. All loading and unloading of passengers shall take place upon the premises,; Three (3) for each bed; (3) Sanitariums, Convales- cent or Nursing Home, Rest Home and similar uses (4) Churches & other places of religious assembly (5) Libraries, art galleries, and museums (6) Public Service Utility I (7) Municipal or privately owned community centers, exhibition halls, and other places of assembly (8) Clubs and lodges d. Manufacturing (1) All types of manufactur- ing, storage and wholesale uses permitted in any industrial district (2) Warehouses and storage buildings e. Recreation or Entertainment (1) Restaurants, nightclubs, cocktail lounges, and taverns I (2) Bowling alleys (3) Skating rinks (ice or roller skating) (4) Outdoor swimming pools, public or community or club -51- (';81 .. I v _ ~~ One (1) for each five (5) beds; One (1) for each five seats; One (1) for each four hundred (400) sq. ft. of floor area; One (1) for each six hundred (600) sq. ft. of floor area plus one (1) for each vehicle used in the conduct of the established; One (1) for each three hundred (300) sq. ft. of floor area plus spaces adequate in number as determined by the Commis- sion to serve the public; One (1) for each three hundred (300) sq. ft. of floor area. One (1) for every two (2) employees on the largest shift for which the building is designed plus one (1) for each motor vehicle used in the business; One (1) for each one thousand (1,000) sq. ft. of floor area plus one (1) for each vehicle used in the conduct of the enterprise. One (1) for each two hundred (200) sq. ft. of floor area; Four (4) for each alley or lane plus one (1) additional space for each one hundred (100) sq. ft. of the area used for restaurant, cocktail lounge or similar use; One (1) for each five (5) seats; 1) One (1) for each five (5) persons capacity pius one (1) for each four (4) seats; 082 2-414 2) One (1) for each thirty (30) sq. ft_ floor area used for seating purposes; or 3) The greater of the above two (2) options_ f. Schools (Private or Public) (I) Nursery school for children, day care center, and kindergarten One (I) for each bus or other vehicle used in conduct of the school; (2) Elementary, intermediate, or junior high school Two (2) parking spaces for each classroom; I (3) High schools Ten (10) parking spaces for each classroom plus one (1) for each ten (10) seats in an auditorium or gymnasium. g. Mixed Uses When two (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 one (I) use unless otherwise authorized by variance as approved by the Commission. h. Other Uses For uses not listed in Section 2-414 E of this Ordinance, parking spaces shall be provided on the same basis as required for the most similar listed use or as determined by the Commission. F OFF-STREET LOADING REQUIREMENTS L 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. I 2. Acces$: 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. 3. Surfacing: All open off-street loading berths shall be improved in accord with the standards established by the City. 4. 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. 5. Drainage: All loading areas shall provide for proper drainage of surface water to prevent the drainage of such water onto adjacent properties or walkways. -52- ~I I 2-415 2-415 2-415 2-415 2-415 2-416 2-416 On') 0,,) 6. 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. SIGNS A UNIFORM SIGN CODE The Uniform Sign Code, as published by the International Conference of Building Officials, shall be the guide concerning standards and regula tions for all signs wi thin 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. B 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 require- ments exceed those of the Commercial District. C PROHIBITED SIGNS The following activites and types of signs shall be expresslyprohib- ited in all districts except as otherwise provided by this Ordinance: L 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 I. poles, posts, fences, or other structure; 2. On-premise business signs that advertise an activity, business, product, or service and which are no longer conducted or availa- ble on the premises on which the sign is located; 3. Signs placed on any curb, sidewalk, post, pole, electroller, hydrant, bridge, or tree except official public notices as posted by a public officer; 4. 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; 5. Signs which rest~ict vision within any public right-of-way; 6. Off-premise signs; and 7. Flashing lights or strobe lights of any color. D FEES All fees for permitted signs by this Ordinance shall be the same as outlined in the fee schedule for buildings of the Uniform Building Code. ZONING AMENDMENT PROCEDURES A GENERAL PROCEDURES When the public necessity, convenience, general welfare or zoning and development practice require, the Council (by ordinance, after receipt of recommendation from the Commission and subject to proce- dures 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 Ordinance. Zoning amendments may consist of text or map revisions. -53- 0'84' 2-416 2-416 B INITIATION OF ZONING AMENDMENTS Zoning amendments to this Ordinance may be initiated in one (1) of the following ways: 1. By adoption of reconunendation by the conunission: 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 Administra- tor. An applicant requesting a zoning amendment of a parcel may initiate the amendment request at the same time as the development request. When a zoning amendment and development request are issued simultane- ously, the procedure that shall be followed shall be that which is outlined in Section 4, Title 9, Chapter 6 of City ordinances entitled subdivision Approval Procedures. 1- C CONTENTS OF ZONING AMENDMENT APPLICATIONS Zoning amendment applications shall contain at least the following information where applicable. (Application available from Adminis- trator.): 1. Name / address and phone number of applicant: 2. Name, address and phone number of owner of subj ect property, and proof of title in said owner: 3. Notarized request for zoning amendment from titled owner, successor of said owner, or valid title option holder or contract purchaser with consent from the titled owner if not requested by the titled owner; 4. Legal description of property: 5. Legal description of all, adjoining rights-of-way, railroads, roadways / highways and easements the full length of the property: 6. Present land uSe: 7 . Proposed land use: 8. Present district: 9. Proposed district: 10. Characteristics of subject property which make the zoning amendment desirable: 11. Necessity or desirability of development pertaining to the zoning amendment and its harmony with adjacent development: I 12. One (I) map of scale one (l) inch equals one hundred (lOa) feet of the property concerning the zoning amendment: 13. Twenty-seven (27) copies of a vicinity map of a scale of one (l) inch equals three hundred (300) feet: 14. A list of the mailing addresses of all property owners, from authentic tax records of Ada County / who are wi thin three hundred (300) feet of the external boundaries of the land being considered, and all property owners included within the property being considered; 15. A statement of how the proposed zoning amendment relates to the Meridian Comprehensive Plan: -54- I I 2-416 2-416 085 16. A fee as established by the COWlcil; and 17. A statement that the owner grants a lien against said property for payment of all costs incurred by the City including engineer- ing, publication and attorneys fees. D TRANSMITTAL TO COMMISSION Districts shall be amended in the following manner: 1. Requests for a zoning amendment shall be submitted to the Commission which shall evaluate the request to determine the extent and nature of the said zoning amendment; 2. If the adoption of a zoning amendment application requires an amendment to the Meridian Comprehensive Plan, the Meridian Comprehensive Plan shall be amended prior to the consideration of the zoning amendment and the procedures provided in Chapter 65, Title 67, Idaho Code, shall be followed on the amendment to the Comprehensive Plan and, Wltil the Comprehensive plan is amended to allow the Zoning amendment, no action will be taken on the zoning amendment. E PROCEDURES 1. The Applicant shall: a. Give notice of the hearing, at least fifteen (15) days prior to the hearing, by certified mail to property owners within the land being considered and to owners within three hundred (300) feet of the external boundaries of the land being considered and any additional area that may be impacted by said application as determined by the Commis- sion. Said notice by certified mail must be deposited with the United States Post Office at least fifteen (15) days prior to the hearing. Said notice shall contain a vicinity map of the property, a brief statement of the nature of the application, the name and address of the applicant. when notice is required to two hundred (200) or more property owners or residents, in lieu of the mail notification, notice of the proceeding and hearing required hereby may be given by publishing the notice for two (2) consecutive weeks in the official newspaper of the City of Meridian provided that the second notice appears ten (10) days prior to the public hearing; b. Provide the City Clerk with the names and addresses of property owners notified, a notarized statement of compli- ance and a copy of the notiflcation; c. Pay all attorney, engineering, publishing and mailing costs incurred by the City. All such costs shall be a lien upon the land. 2. The Commission shall: a. Prior to recommending an application, conduct at least one (1) 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 pub- lished in the official newspaper or paper of general circulation within the City of Meridian; b. Within forty-five (45) days from the hearing, transmit its recommendation to the Council with supportive reasons. The Commission may, however, continue the matter from meeting to meeting if it finds that it does not have sufficient information to make a decision. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall insure that any approval or approval with conditions of an appli- -55- 088 2-416 2-416 2-416 cation shall be in accordance with the Comprehensive Plan, this Ordinance and S ta te law; and c. Maintain a record of the hearing, findings made and actions taken. F TRANSMITTAL TO COUNCIL 1. Hearing: The Council shall conduct at least one (1) public hearing following the notice requirements contained in 2-416 EZ and the applicant having given notice as required in 2-416 E1. 2. Action: No action, including the giving and publication of notice of public hearing, shall be taken by the Council until 1-'" _ the Commission has made its recommendation to the Council. .. After receipt of the recommendation, the giving of public notice of the hearing required in 2-416 Fl, 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 ne~ds more information. In the event the Council shall approve or approve with conditions the zoning amendment application, the Council shall insure that said application is in accordance with the Comprehensive Plan, this Ordinance and State law. Said application shall thereafter be made a part of this Ordinance upon preparation and passage of a zoning amendment ordinance. G APPEALS OF ACTION OF COMMISSION AND COUNCIL 1. Appeals of Action of Commission: Appeals of the action of the Commission concerning the. Administration of this Ordinance may be taken by any aggrieved person. All appeals shall be filed with the Council within fifteen (15) days after the action of the Commission and shall specify the grounds upon which the appeal is filed. Upon receipt of an appeal of the action of the Commission, the Council shall reach a decision to uphold or overrule the action of the Commission. The Council may uphold the action of the Commission by vote of a simple majority of the entire membership of the Council. The Council may overrule the action of the Commission by a vote of a majority of the entire membership of the Council. No public hearing shall be held on an appeal to the Council. If the appeal is denied, the applicant may appeal the Council's decision pursuant to 2-416 G2. 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. I 2. Appeals of Action of Council: Appeals to the action of the Council concerning the administration of this Ordinance may be taken by any aggrieved person. wi thin thirty (30) days after notice of the Council action has been given to the applicant pursuant to 2-416 I (and after all remedies have been exhausted under this Ordinance), an aggrieved person may seek judicial review of the Council's action under provisions provided by Section 67-5215(b) through (g) and 67-5216, Idaho Code. H STAY OF PROCEEDINGS An appeal stays all proceedings in furtherance of the action taken unless the Administrator certifies to the Council (after notice of appeal is filed) that by reason of facts stated in the application, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than -56- I I 2-416 2-416 2-416 087 by a restraining order which may be granted by the Councilor by a court based upon an application, with notice showing due cause. I NOTIFICATION OF APPLICANT Within ten (10) days after a decision has been rendered by the Council, the Administrator shall communicate to the aggrieved appli- cant of the Council1s decision relative to the appeal. J SUPPLEMENTARY CONDITIONS AND SAFEGUARDS (APPEALS) In granting an appeal, the Council may prescribe appropriate condi- tions and safeguards in conformity with this Ordinance. Violation of such conditions and safeguards when made a part of the terms under which the appeal is granted shall be deemed a violation of this Ordinance. K GENERAL STANDARDS APPLICABLE TO ZONING AMENDMENTS The Commission and Council shall review the particular facts and circwnstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment: 1. will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; 2. Is the area included in the zoning amendment intended to be rezoned in the future; 3. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning-- for example, a residential area turning into commercial area by means of conditional use permits; 4. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; 5. will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; 6. will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; 7. will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protec- tion, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 8. will not create excessive additional requirements at public cost for public facilities and services and will not be detri- mental to the economic welfare of the community; 9. 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; 10. will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; -57- 088 2-417 2-418 2-418 2-418 11. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 12. Is the proposed zoning amendment in the best interest of the City of Meridian. ANNEXATION AND ZONING UPON ANNEXATION Prior to annexation of an unincorporated area, the Council shall request and receive a recommendation from the Planning and Zoning Commission on the proposed annexation and the proposed zoning for the annexed area_ The Commission, the City, the applicant and the Council shall follow the notice and hearing procedures provided in Section 2-416, Zoning Amendment Procedures. Provided, however, that the final decision of the Council shall not be appealable since such 1'.-'.. 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 considera- tion of the annexation. If the Commission and Council approve an annexation request, the Commission and Council shall insure that said annexation is in accord with this Ordinance and the Comprehensive Plan. An application for annexation and zoning shall be on a form similar to a zoning application as set forth in 2-416 C and shall include the same information and any other information deemed appropriate by the Administrator, and the application shall specifically include the payment of a fee as established by the Council and a statement of the owner granting to the City a lien against the property to secure the payment of all costs incurred by the City, including engineering, publication and attorneys costs and fees. CONDITIONAL USE A GENERAL The Commission shall hold a public hearing on each Conditional Use application. The Commission shall recommend approval, or approve with conditions, or deny a Conditional Use application under the conditions as herein specified and consider such additional safeguards as will uphold the intent of this Ordinance. B CONTENTS OF CONDITIONAL USE APPLICATION An application for a Conditional Use Permit shall be filed with the Administrator by at least one (1) owner or lessee of property for which such conditional use is proposed_ At a minimum, the application shall contain the following information where applicable. (Applica- tion available from Administrator.): I 1. Name, address and phone number of applicant; 2. Name, address and phone nwnber of owner of subj ect property; 3. Legal description of property; 4. Proof of ownership of subject property; 5. Description of existing use; 6. Present use of subj ect property; 7. Proposed use of the subj ect property; -58- I I 2-418 089 8. The District that pertains to the subject property; g. Twenty-seven (27) copies of a vicinity map of a scale of one (1) inch equals three hundred (300) feet; 10. Characteristics of subject property which make a conditional use desirable; 11. A listing of the mailing addresses of all property owners (from authentic tax records of Ada County) who are within three hundred (300) feet of the external boundaries of the land being considered, and a list of all owners within the area being considered for a Conditional Use; 12. A petition signed by three-fourths (3/4) or seventy-five percent (75%) of all those persons owning property within said three hundred (300) feet approving of the Conditional Use, and a petition signed by one hundred percent (100%) of all landowners within the area being considered showing their approval of the proposed Conditional Use; 13. A fee established by the Council; and 14. A statement that the owner grants a lien against said property for payment of all costs incurred by the City including engineer- ing, publication and attorneys fees. C GENERAL STANDARDS APPLICABLE TO ALL CONDITIONAL USES The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and shall find adequate evidence showing that such use at the proposed location: 1. Will, in fact, constitute a conditional use as determined by ci ty policy; 2. will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; 3. will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; 4. Will not be hazardous or disturbing to existing or future neighboring uses; 5. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; 6. will not create excessive additional requirements at public cost for public facilities and services and will not be detri- mental to the economic welfare of the community; 7. Will not involve uses, activities, processes, materials, equip- ment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 8. Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; and 9. will not result in the destruction, loss or damage of a natural or scenic feature of major importance. -59- 090 2-418 2-418 2-418 2-418 2-418 2-418 D SUPPLEMENTARY CONDITIONS AND SAFEGUARDS In approving any conditional Use, the Commission and Council may prescribe appropriate conditions, bonds and safeguards in conformity with this Ordinance. Violations of such conditions, bonds or safe- guards, when made a part of the terms under which the Conditional Use is granted, shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and Council may prescribe a set time period for which a conditional Use may be in existence. E PROCEDURE FOR HEARING AND NOTICE Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Section 2-416, Zoning Amendment Procedures, of this Ordinance. I F ACTION BY THE COMMISSION Within forty-five (45) days from the hearing, the Commission shall transmit its recommendations to the Council with supportive reasons. The Conunission may, however, continue the matter from meeting to meeting if it finds that it does not have sufficient information to make a decision. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall insure that any approval or approval with conditions of an application shall be in accordance with the Comprehensive Plan, this Ordinance and State law. G APPEAL OF COMMISSION ACTION (see Section 2-416, Zoning Amendment Procedures.) H ACTION BY THE COUNCIL 1. Hearing: (See Section 2-416, Zoning Amendment Procedures.) 2. Upon granting of a Conditional Use Permit, conditions may be attached to a Conditional Use Permit including, but not limited to, those conditions which: a. Minimize adverse impact on other development; b. Control the sequence and timing of development; c. Control the duration of development; d. Assure that the development is maintained properly; e. Designate the exact location and nature of the development; f. Require the provision for on-site public facilities or services; and I g. Require more restrictive standards than those generally required in this Ordinance. 3. Prior to granting a conditional Use Permit, the Council may request studies from the planning staff or public agencies concerning the social, economic, fiscal or environmental effects of the proposed conditional use. A Conditional Use Permit shall not be considered as establishing a binding precedent to grant other Conditional Use Permits. A Conditional Use Permit is not transferable from one (1) parcel of land to another. I APPEAL OF COUNCIL ACTION (For required procedures, see Section 2-416, Zoning Amendment Proce- dures, of this Ordinance.) -60- 2-419 2-419 .--... 2-419 ,~ 091 VARIANCES A GENERAL The Council may authorize in specific cases a variance from the terms of this Ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Ordinance would result in unnecessary hardship. No non-conforming use of neighboring lands, structures or buildings in the same district and no permitted or non-conforming use of lands, structures or buildings in other districts shall be considered grounds for issuance of a variance. Variances shall not be granted on the grounds of convenience or profit, but only where strict application of the provisions of this Ordinance would result in unnecessary hardship. A variance application does not go to the Commission unless directed by the Council. B' APPLICATION AND STANDARDS FOR VARIANCES A variance from the terms of this Ordinance 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.): 1. Address of subject property; 2. Name, address and phone number of applicant; 3. Name, address and phone number of owners of subj ect property; 4. Proof of ownership or valid option on the property or a contract interest therein with consent of the titled owner; S. Legal description of subject property; 6. Present use of subject property; 7. What is intended to be done on or with the property; 8. The district that pertains to the subject property; 9. Vicinity map at a scale approved by the Council showing property lines, existing streets, proposed district and such other items as may be required; 10. schematic building plans which indicate typical elevation and floor plan of any proposed construction; 11. A list of the mailing addresses of all property owners (from authentic tax records of Ada County) within three hundred (300) feet 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; 12. Characteristics of subject property which prevent compliance with the requirements of this Ordinance; 13. Minimum requirements of this Ordinance that need to be reduced to permit proposed use; ; 14. Difficulty or hardship which would result if requirements of this Ordinance were applied to subj ect property; 15. Unusual or peculiar circumstances which indicate that regulations of this Ordinance should not be strictly complied with; 16. 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; -61- Zoning Commission and/or the City Council of the City of Meridian. No petition or application, except as hereafter provided, shall be accepted by the City unless accompanied by the required filing fee. -63- 092 2-419 2-419 2-419 2-419 17. Statement that a literal interpretation of the prov~s~ons of this Ordinance shall deprive the applicant of rights commonly enjoyed by other properties in the s~e district under terms of this Ordinance; 18. Statement that special conditions or circumstances exist that were not a result of the applicant's action; 19. Statement that granting the variance requested shall not confer on the applicant any special privilege that is denied by' this Ordinance to other lands, structures or buildings in the same district; 20. Relationship of the proposed variance to the Meridian Comprehen- sive Plan; I 21. A fee established by the Council; and 22. A statement from the titled owner that he grants a lien to the City to secure the payment of all costs of the City incurred in processing the Variance application including engineering, publication, and attorneys costs and fees. C FINDINGS 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 Ordinance have been met by the applicant and unless all of the following exist: 1. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Ordinance would clearly be impracticable or unreasonable; 2. That strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the owner, subdivider or developer because of. unusual topography, other physical conditions or other conditions which are not self-inflicted, or that these conditions wi1l.result in inhibiting the achievements or the objectives of this Ordinance; 3. That the granting of the specified variance will not be detri- mental to the public's welfare or injurious to other property in the area in which the property is situated; 4. That such variance will not have the effect of altering the interest and purpose of this Ordinance and the Meridian Compre- hensive Plan. D PROCEDURES FOR HEARING AND NOTICE Upon submission of a variance, the applicant and Council shall I follow the hearing and notice procedures provided for in Section 2-416, Zoning Amendment Procedures, of this Ordinance. It is to be noted that a variance application need not go before the Commission unless directed by the Council. : E ACTION BY COUNCIL 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 insure that any approval or approval with conditions shall be in accord with this Ordinance and the Meridian Comprehensive,Plan. F APPEAL OF COUNCIL ACTION (See Section 2-416, Zoning Ainendment Procedures, of this Ordinance for requirements.) -62- I I 2-420 2-420 2-240 2-420 2-420 2-421 2-421 2-421 2-421 2-421 2-422 2-422 093 CERTIFICATE OF ZONING COMPLIANCE A CERTIFICATE OF ZONING COMPLIANCE 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 Compli- ance issued by the Administrator. Certificate of Zoning Compliance shall be issued only in conformity with the provisions of this Ordinance and shall be required before the issuance of a Building Permit. B EXPIRATION OF CERTIFICATE OF ZONING COMPLIANCE If the work described in any Certificate of Zoning Compliance has not begun within one (1) 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 OF ZONING COMPLIANCE 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 A CERTIFICATE OF ZONING COMPLIANCE Failure to obtain a Certificate of Zoning Compliance shall be a violation of this Ordinance. CERTIFICATE OF OCCUPANCY A GENERAL 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 Ordinance 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 A CERTIFICATE OF OCCUPANcY Failure to obtain a Certificate of Occupancy shall be a violation of this Ordinance. D CONSTRUCTION AND USE TO BE AS PROVIDED IN APPLICATIONS, PLANS, PERMITS AND CERTIFICATES Certificate of Zoning Compliance or Certificate of occupancy 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 Ordinance. SCHEDULE OF F~ES, CHARGES AND EXPENSES A ZONING AND PLANNING FEES A petitioner or applicant for one (1) of the following zoning or planning matters shall pay the fees set forth below when filing an application or requesting a permit before the Meridian Planning and Zoning commission and/or the City Council of the City of Meridian. No petition or application, except as hereafter provided, shall be accepted by the City unless accompanied by the required filing fee. -63- 0"94' 2-422 2-422 2-422 The fees requir~d for the various types of petitions and applications shall be as follows: L Zoning Fees: Zoning Amendment (Rezoning, Change of Zone): Acreage 1 or Less L 1 to 2 2.1 to 3 3.1 to 4 4.1 to 5 5.1 to 6 6.1 to 7 7.1 to 8 8.1 to 9 9.1 to 10 10.1 to 20 20.1 to 30 30.1 to 40 40.1 to 50 50.1 to 60 60_1 to 70 70_1 to 100 More than 100 Text Amendment Conditional Use Permit Planned Unit Development Variance Appeals (From decisions of Zoning Administrator, City councilor Planning & Zoning Commission) Time Extension Application Certificate of Zoning Compliance All Other Permits 2. Planning Fees: Comprehensive plan Amendment Comprehensive Plan Amendment (Text Amendment) Preliminary Staff Conference Annexation Review B FEE CALCULATION Fee $160 200 240 280 320 360 400 420 440 460- 480 500 520 540 560 580 600 700 I $100 (Fees same as ment Above) (Fees same as ment Above) $100 Zoning Amend- Zoning Amend- $100 $100 $ 25 $ 25 $100 plus $1 for Each Acre of Land Involved, Up to a Maximum of $1,000 $500 $100 (Fees same as Zoning Amend- ment Above) For any requested public hearing involving more than one (1) classi- fication of a petition or application, the filing fee shall be calculated on the basis of the highest fee for an individual classi- fication or application. C FEE WAIVERS I Notwithstanding any of the preceding fees 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 (1) week before the date of its scheduled public hearing, and then only by order of the City Council_ -64- I I 2-422 2-423 n"L \,.1 ~:) E PAYMENT OF CITY COSTS In addition to the above fees for zoning and planning matters, the applicant or petitioner shall pay for all of the City of Meridian1s costs of publication, legal and engineering fees relating to proces- sing the application or petition. To secure the payment of fees above-mentioned, all applications shall include a statement which grants to the City a lien against the property being considered in the application and, if said fees are not paid, the City may foreclose its lien against the property to collect its fees. In addition, if all fees are not paid, the City may revoke any zoning permit, condi- tional use permit, variance or occupancy permit initially given the applicant, and in the case of an annexation procedure, the City may deannex said property. PENALTY PROVISIONS AND ENFORCEMENT Pursuant to Idaho Code, 67-6527, a violation of this ordinance is hereby declared to be a misdemeanor and the violator may be punished by a fine of up to Three Hundred Dollars ($300.00) for each such violation and may be imprisoned for each violation for up to a maximum of six (6) months in jail~ In addition, whenever it appears to the City Council that any person has engaged or is about to engage in any act or practice violating any provision of this Ordi- nance, the City Council may institute a civil action in the District Court to enforce compliance with this Ordinance. Upon a showing that a person has engaged or is about to engage in an act or practice constituting a violation of this Ordinance, a permanent or temporary injunction, restraining order or other such relief as the Court deems appropriate may be granted. The governing board shall not be required to furnish any bond in said civil proceeding. -65- 098 I 2-424 APPENDIX I -66- I '0 I 097 A-424 Al Building - Principal & Accessory Building Setback Lines Lot Depth Yards STREET ~ ~ ~ ~ \ ~.~ ~ ~ ~: ~:~. !' ~ ~.~.: ~.':::;: :.;.~ :.... ~ ~ ~": :..~ :~<:.:.~.:.,~-j. :.=;} ~~::::;: :.? :~;:: :/'~~":': \ ::, :') ~: ; ::~:.:'://iij;';'i~'i'; t.? :,~,~,_:~:,~~~,:,: ~ ~ i N ::.~ ~ ':.: .:.:.~ ~ f j;~ ?"{: .;.;.; ~~: ~':.\\~:::! : ~ ~ ~ ~ E i:':~ of; :~{:.~.\ ~ E :.~:-.~.:~:SF:i::'~.:. ~5(!:] f/:-:/;;'~"iZ':~';~;~1; ~il:{:::~ ~..;:;:~ ~:;.:;::.~ ::: f;P~ ::~.:::.~ .~::: :.~ ~ ~.~ S I DEWAll RIGHT-OF WAY lINE .-. .-.-.- . 1 '. 1 CI a:: < >- I- ~ a:: LL. - ~ SIDE YARD . SIDE YARD 1.&.1 z: _ ~ 1 ACCESSORY BUILDING ~ PRINCIPAL BUILDING ....... 81 ~ Con. 1.&.1 1 CI I- o ...... . 1 . -- -I~ . 19 .u.I I ~. . 1 . I CI a:: < >- IX < 1.&.1 0:: . LOT WIDTH ~-~- ~~~~~~~~ .~.~.~~= - - UTILITY EASEMENTS- - - - REARL()T UN~ - - - - - - -67- 098 . ~tYLlne A-424 A2 ~ropertY L f n: ...... CITY OF MERIDIAN 728 Meridian Street 888 H33 Fence Regulation INSIDE LOT Solid or Open Fence Behind Set Back 1.-.- -. 3' Solid Fence or 4' Open Chain Link Type Fence In Front of Setback Fence Regulation CORNER LOT Leave Open Access to ~Jater Meters and Fire Hydrant 6' Wood, So 11 d or Open Fence 3' Wood or Solid Fence or 4' Open Fence Site Triangle 3' Chain Link. ~r Open Fence Leave Open Acces~ to Water Meters and Fire Hydrant 3' Wood or Solid Fenl or 41 Open Fence '" ee~ e,~J. ,/" -68- 099 I 2-425 OFFICIAL ZONING MAPS I -69- 100 Passed and Approved, ,/) p,<- ) OFFICIAL ZONING MAPS citg of MERIDIAN, IDAHO :J..J J 9 Y :I / ~,--t.P~ Mayor, CITY OF MER I , DARO /' R-4 R-8 R-/5 C-N c-c or C-G L-O I-L I M FP MUR ..........,i,.. I I 34~35 3 11"2 LEGEND FOR ZONING MAPS I Low Density Residential Medium Density Residential High Density Residential Neighborhood Commercial Community Commercial old Town General Retail and Service Commercial Limited Office Light Industrial Industrh.l Mining Flood Plain Mixed Use Review District Limits Meridian City Limits Land Outside -Meridian City Limits Section Corner I -70- I I SECTION INDEX OVERVIEW Ustlck Rood - 8 SECTION SECTION SECTION SECTION SECTION 3 "t:I 2 I 6 8 J 5 a: Cherry Lone ~ .J! SECTION :E SECTION SECTION SECTION SECTION SECTION .g "t:I "t:I ~ 10 II 0 12 g 7 ~ 8 "t:I 9 cu c: & .. 0 > ~ a: e 0 .S2 Fron kl in Road Co:) a: u c: 0 SECTION. SECTION cu "- SECTION :; . "t:I 13 OJ ~ . - .5 18 u 17 at .3 0 ~ :I LLI Overlond Rood SECTION SECTION T. 3N., R.lW. 24 19 T.3N.,R.I-E. . . Victory Rood "t:I o o a: .JI: U o CD -71- ",!', 1 J, LJ " g o a: 102 Section 3, T .3N., R.lW. Page 1 Section 2, T .3N., R.IW. Page 2 Section 1, l' . 3N. , R.lW. Page 3 Section 6, T . 3N . , R.lE. Page 4 Section 5, T .3N., R.1E. Page 5 Section 9, T.3N., R.lE. Page 6 Section 8, T.3N., R.IE. Page 7 I Section 7, T . 3N. , R.IE. Page 8 Section 12, T . 3N . , R.lw. Page 9 Section II, T . 3N. , R.lw. Page 10 Section 10, T . 3N . , R.IW. Page 11 Section 13, T . 3N . , R.IW. Page 12 Section 18, T . 3N. , R.lE. Page 13 Section 17, T . 3N. , R.lE. Page 14 Section 19, T . 3N . , R.IE. Page 15 Section 24, T. 3N. , R.lW. Page 16 I -72- I .. I 103 SEe.. 3 -1:3N.-R.1 W. 'II '" I~ II ._~. __,~;.-;... - ___a..! .._. " ./ ~ i I I ""0.... ,. I 0-1*', 'I R-4 ,', ~ ~._......_............................. . i ." . .. I .; \ ''''' \ \ . _.s..~ f i : , . i l . : : : : 0' 0' !:' I .~. . II : " 1'1 .,.....,..., ._4to.14~ .,11 I,.' .I....... ,..""" IU, , - t . .-... .: *County Zone -73- 1'04' I '~l:- I t -." 0-1*. =:--- - ;;- .. ... . . ~ i = . = 7 ~ -=-=. -. ~! II Iii . ,..... !I'~ C"M,...~ *County Zone : : . : I ! ~ . , --. -- SEC. 2 -T. 3N.-R. I W. . -- . ,..--. -",~-- . . . , I 1 I, ~. . . . . , . . R-4 . ../ " R-4 , , , . , , :~ r .:...' .~,.. _ "j ~~~f>.~ .~ :'~t.v;.~ ' tI,. .,'.). ~.". I~'r.'" ......>.;"'.1 " ---..:...,-.t. ~':\ \ ..j : ,\ .'.;,,.-~:..~,,. ~ . I .~ _. '--;0 :; -. (~~;i-;":' ~ :~ ., .'. ~ ' . . t_ . .. .. . J .. .. . . j... .. . - \ . . ,:. 01" _ ~ : ~~~~.. "~'_. ..:.... : .~I;""~~" ...-:,..... :'''~\ '~\\.~<'~.:;... . - \'~~"'-'''_'7~' :,j.\ ..\ /, ."...., .~~ :";.~.. . :..;.,:.J...:.....:...+ :':'~/'I~T~, - .'.". i -74- ~ - I I I i I I III I , 0-2* 0-1* III ~, .";' .~ 'i !{:1~~~,i~Q;;:-r-: ~.\.:;~~__ : ?j9''''f~..J...--,~ .~...~ t "Iitlll .,., .,i'I, "... -:- ' 1. ~."'~""':,~., . I; 4"1~..;~!/.. ..~'", ~ ~ .:: '.~'-:' . fR, .r; ,..... '/.."': .- ..I' ' , ;1 _. ~ . ... ,.. e,_,. .. ...-.-, -' ''''. .. I L' , I I' i I .-' -- MEfijDIAN - R-4 lie. r -t,"-,.... I I I I - 1: 3 N. - R. I W. SEC. 'II N' .14- ~ Z B* ! " ~ ~' . II .1 - .- u r 0-2 * ~ ,~ t ~; -- .,.,-- . . . . -- :- ! . . ! . . I' , . . . . ': I: :~~ ~ -.( ..... . .. ... .....1.. j' .......--.......-... ~ ...... MERIDIAN - .'--.... . .--: ! I . II ,:12 '.1 ,... ....,...- ~ "". ' . ..... *County Zone -75- "'ioe:: J~ '-" .7,; .~, I rr .' I ~ . :;1 'I 1 .- ~2'[ - I ,_ ~ JZ i!: 7 I -"'"-II'.. ue. --~ " ... I I : -'. ,;' ..-:- ~ : : : '; ':-'.i : ' : 0.......-...............1 . 0-8' '.~:,::- ~~", .c.t.., ,j .~.;:. I R-8 : 'I' "(II 1:7:~~tIl1/.~....~. ...... '. ,.,....... . : : t. - '. -~ ". . ~ .................u I . I'" _I. . - 1 .. .. '''I " . r ..;--..: M "1i::::~:\ '~': ~. ~ i'~I":- >. ::~, .: - "l~' .,. . ft.' 4. . '~ ;'I, ~ I "t." ,.. , . ~~ _~r : : '11\,4,.... :' . ~... t : ' CITY OF ' .. .~: 0...2* :,.,~ R"'']: :: " '~, . : ,.",,": : :!. .~'.;: I : · i I : . ..,.., t .... " . .. 0 R 2 '* ... ':\'MERIOIAN ",:.' :~". , p'- ...: 'I' : . -,,, :..-.---.' -... - . : '. . ',,' .' 'I ... I III'~ ' I. "':".'.... e.' I .,.,~~?:J...::>~~~=~.L:-- : ~. i~:~I:: C.; · :. ':i~ ) ", I i '. ! i .. see. ,- f, 3" -1.1.. .1 i .108 /.. ..-II, ---;J I I I I ..../"1 ' . , ./" I 1'* I ~4 * I · I 1 I I I I Fe 4 *' I I' IB* I" , I:. i I -.'1: '. * - -'* R-4P" M. . . '. ;r r I i - " , ,,' Iit..~.* C-G ~ r-(. ~ * -I I j .I 0..-2* .... " " "1 !? *County Zone SEC. 6 - 1"::3 N. - R.IE. I, "... * I I I , . , I .- ! I .- I ~. . I 0-2 * .. -........--........-..............-..-..... CITY Ii I , II I I I -j 'j OF R-4 MERIDIAN ... 10-2 .,.~ · 0-2* : -76- .1 1 " 1-51 - , 6 3{ 1 i 'd I I I,' .~ , " - - -. T Ii" 111;~ l~ l -~-.l'j' - ~... . "~_~_6'I,! ~~_I ..- ~___M!~!!'W.g. ,'~le '. '---1- .,' .. ..- . - ..~; :i.':''-~-'_ *County Zone \ . ' 1'07 SEC. 5 -1:3 N. - RJ E. -C' '" ADA COUNTY ZONING COMMISSION U~T'C. r 1~'~1 't niL ~II 11 I 1 i I I .--.....:.- -- "'0. ~ .. . . .. or . RI* . . 0-1* - - ~'* ~ I ' ,. ,. 01 -I '-- -.- ... " '\ " . D!..l I / \ mi ii I: I I ./ I, , i i -, 11 :i' 'Ij :ji - i I '. , fl -d ;.1' ~, ,: :,1 I' , i _,I : I ' : ! 11 ~ . ~ 5t -.... r - l . , r I I I - -1 0-1 *: , i \i~ 0-1' ,- d . ! i I I -L--~~.------.- ! . I I I I _.# .,.- il; III ' 1!1~' -'. . " .~, W ~,< ~ -- -----.. ~-~--- [f~ '-" . -: 811f' ", ,_,_,;, __ SEC.IS~T.~fL-lt.lE. ,. .... ~ . ...... ~., X j\.i.l.i~:;')~(:.i L~_:~ ~ ;~:, ~"t":L:___ _ . -77- 108 .~' - ! . j' . JI~ -,- 8 , " 1-' , I i -; L:J I~ ~ I'. '- '~ ~ : -'-, :;.';' , "'... .-;-"~- ,.-:.r.... . . ~..: ~ . SEC.9 T 3 N. R.IE. ADA COUNTY ZONING COMMISSION 1'1 ~l~ ~ .... - ~-.--~ . ~ I: 15 " \ i, c- * \ i i i ; I : : I I I! ~I Ii f I~I - 1:1 I.t i:I' I: :~ :CL I I, II I . I i i I I I I I I : I I . : I : I . /,' I i j .,; ~ Ii 01..1 * MERIDIAN '- j I / I. 1 . . M.... * , ... i.; %.~ 1 - 0-1""- l i<"t" ~" 11-. . ...~~J'~ IfrT -- . . 0-1* \', 9 l"l ~ L ~: ~_ __.':;' _. - ;. i.--, '- *County Zone ~lil._ 't.IOI.tc. '.L ~i! . 'i~ ; I I I - _ .to '0- -0' i ~.. 1.,,- i.... I 4'_ .,. I' , ' ! f I ..- ,I o I ~ ~ I i ~ I I 0-1 * II . RI'* IR~ ': I ~~*' d..... II _. -. ." - ..., -I I --+- I 10 "7~..o.-= , , ". t ...-.;~ ....:..........----'-------...j.~- - - -------- --=.'-'----T--=--'o--=-~~S.EC9.161-~IE&,-. -' ...~.~~:~:.;.,~::"~.:';.i~i..~.~~,.:.'::--:.~~~:,-"->.,,.--:, , " ... _--:, 3N ....-. , ,-- .., -- '" .... M-t* I _I -78- I I I I SEC.8 -T:3N.-R.IE. J. F .' , ,-;1, ; .; 1;, i : I - 1-' l!lt.....2.. I ~ 'n~~:EWS i ~:~ . J~: . ! -. ,... ~ I - J .- ~; 1 ; I , - , 'j'"'' , I t .. ! : I ~;, ~ i : ;. ...J. ~-.... i VAL.1:Ey,1; D-4 *.1 . . ~ -J l' . j . UBi ; R.2 .. .' ~ -." ....' . - - ... -... -+ -- . .- .... . . r-m.....l ~ .- ,: l~ .. t " ~,. i' ,OUT " ii-L i -. ! - ... I -L -,.~.w.w.__J.....~ _ _ _ ..: ~ _ _ _ _ .. - -- ~ lO'UST GROVE INDUSiRIAI. ~A"I( · a . ~ . " 0-2* .~-: I-L .ncd"J-" I.. .. " . ~".".. . " ., .1 .. --' ~. . . - - - . ~ ... ........" *County Zone .... , : ~ r : . . * R-4 ". >\, ~ ,. i , '- -79- r-L I-L ..~ 0 q J... "-' Iii , Ill., . '1- -___ "t.... ............- . ., I , I " I 0-2* OI...SQII 8 B.JSI-t ..~M.~.I~ I .1IOJsT'R1Al.. P4Rlr I R-~ I ~ I _ ~ '" ,-, "-"" 11'0,- J',. · III : . ! ~ : ~ ~ ~,~. '.. . =,) ~;t~ 1/' =:; j ':. :1':: ~,. 1- " ..- .~.....~L~,j..L__ -:. ..... . . ",~. : :. - I' ~'" ,. . 1 ~ ""r. : _ ~ . .... ..~ & 'III -il :;:::,':';;'i':: ":d' ~ .;.:..,'. : i ): _. - ! ";,.' ~ D.,I: ,,' 0(".1. : l ,.:.,.. - .: ~7. ~:!c 'I'" .... .... n-/:..J -,~.~:'..:.r. :. I -_. . .! ~ _1-...- ,......,.,..... .....' :..., .... " -_.; r'--;'~"RIDIAN:.:: ::,:.;...t"':Mi'~t"..: ';' a:..". :.. , . ."" ~ . '.. .,.~ ;',.. : O' 2* ..--.. ..R':"4* '" I ,-, "4.~. ".-.'. _ _.", WI --. -... ~ ~r' I ,,'l""'-I, ., -."... 1 -,...... . , I'" ,..' t" ~ -: ~ . "t "., -W:il""I':." ',..,' . - ~""l' tl If... ':;:'.f' w: . ;i: .,': 'I' .. T .;", . ":' .1 ~ .,., i , ,... ~ ' I . . . , . " . I 'I,j I...... .#.,-"~ .. , iI,:," .0-2.* t ::ui ~. . ~ ..... :--:r:i::.:;- ".... .! ~ I" R~': 1; ~.:; '. 1 '10 ~___t_';r.'!,.' '.:' ..':\- ' ,........~....i1..,-~. . .:. .. -::-'::1'1" " 'J:'~:?:T-:: . '.' ~-" "j - -.. 't J : !I";:....,' .~. , -"I:,';: "';,.... .;.,.,~ i ,'. 'R' .~ 2 !Ii -'. : :. ", O"T ;:r D.-t.. ,~,,~: .: ". -(~ ,* : I . !1;:~~.~:L....110-".:h:1~.. 'illl~lJ l'I~""'.l '0-2'* .! I-L I ; I l.' .~'.., ..' .. ,,. I.I./OD"; ! II i....~.-::'1 I .-....... L". ,". . I * r........; '''1 . , I ,1'1 .. ~. :; .1, ;.. .: l : M-l: I : \: _ I .;r'........ ~..---J'. I . ',..... .... . '. i !... .. :' : ...... .~ ..__i.'_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _:. _.. _'_ _ _ _ _ _ _ _ _.~ _ _ _ _ _ _ _ _ .. _ -. _ _ _ __ . . " ...... ...._.~__tli................_....iII....- ~ : --::FT-u-;--r ' . .............;. , .!;~~j'" ,.-;. '.-... ... : . - . :j: :.-..;' ~ I ~:.~'-I FXI' '\ 1 ! . , J" 'i" ~.::!! I , Ii'" ,.~O-l ~~ : !~:'. 'C!'AI' 1'11l:"~..11.~~1~~1 . MERIOIAN f !f . 0- ~,I ..' .l-L i 1,/ r;ll.,.\..", ~"iI!';~11 .,.iI#' . If I io..... t L..;;~.. ~ : 'f . -.:=..-... ".'; . 1'-' G I Izl.t. ..r ,~. I!,-r-~, .;.:.;:..;" I ..,- ................n.......... . ."'.'.111 .I"-r.,:"..;r..:';~. ._- -. -' ~l~:" - ; I SEC. 7- T. 3N.-R.IE. -. '- __"i,L.-,~....._.....- - .IL · D-2* \ .. ~ ..' .' " .\ * . 0-2* .: ,'- , R-4* I . ~. 0-2* ~~ . j I , I ~ '.' ...u- I': r I \. 'Ie. ,- , ,.. - ..'1. \ , *County Zone I -80- I I 1'1 -::l: ; I Ii . 'C-N /jC; - (+ii.''''; " ;:) ;~:1:~~: \.~ ,- ..... .' AU' or: - .~, --., . ti:!J:J:,,." ," . ".. . : ':" ,'" ._O-q :~., . f, r' -:- . .' I .':. I.;=' I ~-- '-...L.......J'_ I - \1- -=.... ,. , ..:... I .....~.~. :: :lJ-"-'.;f. ._.... '. .4'..-- J .. .,. . I-I .~:.A..r..~. #,. I: . l " ~'t.. . . ~. -'III... .. . . I' . . "", .'- . ..... 1 . .. ;.;~. :1 - .. ':;;;., . L~. .'~. ~;r:l . : I IN .-. '. ... ... 1 Jl"n SEC. 12-'[ 3N.-R I W. IN ~ 1 ' l . '44! ! tour /. . .l~,-~_~. I*.sl./ --- - I. --" ... ..... . .- r. . '!I," ~f:' -~-~ :.!:.,. . -'\- ;'ot!1 . ... : ! ~ .. I "I" .""..-----. *County Zone ,. V_, ; 0-2 * i .,.-..- . . . . . .' ,., -- r- . " '. ". -.. I" I ... ,.:.. , .. I-L ".:~ 11c' .a-t...-..... -81- It2 SEC. II -T. 3N.-R. I W. .' II .' ;j j: I J~ 1.1 II! " , "-,; i"'z ~. ,. H . .. ~ .' , ':..R-4 .~ ,. , ~ .;. I I . i R-4 I , I " , . \ I '. -.. ; . I /... *0-2 i . .. J .. ~i .; :\ , 1 I I I ...1 - ! . ... i \ t ., " ! . . I" , " . Jf 0 - I *.;': . . -... ~...,..,..~.........~ . ...... "._~~. ..__- C_~i'_-=T=~~~~' ! j' I - ! I :. , . I-I=' ...I-L * 0-2 : I . ~.. f' #.. .....--4,_~ s.... ~--- I . ; r ,!'-I:L, .." I !_.~, .' . ,..--... - . "---.i. I I',~ I _"'- :11 .... . ..... ~ .....1fIIMI 6.... ..... 1~1'4""1'f: ~"'4~" (4.......,) ~l.~ 'IC. II - t ,...-, I. *County Zone I -82- J. , " I ----.. - 1 Ii' , I: i(;]' i R04 '; * - .. ,~ c. '" .' ;." " SEC. 10-1: 3N.-R. I W H-4 IMC)I * . '-. 0..1 . : : . i . . . . .. . ..... ,.' '. . ". ~, I rLJ' ""'. ,'"", ' .. : ~ .., "". .... ,,' ',".n . ... ~ ". r 'R-4 , I a ",- '-... * '~\i ... .. ". " '. " ,.... . ..... #II. ~ ,... I *County Zone -83- I ~ -- - .-- i t =--_::~. '. . - ~ -.-- D-I* """ 'I I I ~~ " '. "'11 ..., () _:1..1. ;j ,,1'2 I. N' :... . . . . . . . . . . . . . " --*-... :: ,'.- . I' . t '. . _ -. I' i II . "":"- C._'" Ir', , ... Ire. .O""I_-tIl.w 11'4' SEe. 13 - T. 3 N. - R. I VI. i i I I i R-4' 0.. '''''''''-' 'o""'!' ,.~. "........, : -- ~ ./ ;..,.. '. p'-~ . ~.' ~ -;j R-4 .. .-... ,t'~ c-ti ~ C-G' ~,.. . I '-' . r-::..:: ~ I ~ ::~::!!~:~'i ~ ;;. r.'''...,....: R-.* .. ; .'.... . .. : ~ ~:~'''.:.:::~4!:..~:.: . --\ __, .. _, \ . '''1 .. ........"! I, .--..... , -~ ..~;.:.~~: .: ..~~:!.:-.::=..~: ." ~r :::':::.J " "~. , .. '-' ' ~ c . .a ".". .~...........1 . MERIDIAN "" crN,.., ~ :'r'~;::~:~:. :~: ! . .j."~. -"'" I ':-. ~/S;': i "" '~ I !tC-N .1 ....- ! I R-4 'f-~~i I ~ .: .......-.,----- C-Q . i , -, 0-2* R-4 ~ , 1 \ I .~ I: I " i ! J .' .' , .' <l- i _._~ .. - I! ..... ------...--....... ~ -, I 0' w i~:r-~ - .... J vd l~J":.oI.' ~ -. ---:a' I . . , .' -' .,. I /' I IT .....1' I' .. n .- _. f . : I ~ 1 I 1 . r i " ~ l I, ... i '~ :. . , R-4 . . . ., , , ....., 'S . , , . , , . , . . ~ . , ..'....., I-l C-3* C-2* '10. GI I~ I I - _i~" to"~_""~'~ : ...-.- f." 'I : ' I~ . , ~ /,' . '. " 'I . I I..,. ..... _ i ."~ C-G -~:::~ . "',.1 _ _ . , ~ : ,.: .' : ,,' . : I . . I . .. 1'# ........... , 0.,2*_ I..,....,..,. J I: I' I' ~ " .:S" 4'" ,~ .~ "'... j . . . ........ ---,.- . . . : ~";, I. . . SIC. ,,- ~J.. -.,.. *County Zone I " -84- I I ',I .. ~ t i!~~ ..... . --;j .. "" . , 0 . . ~ ._'.- ~ ~ --] ~ ~ , -~ o j ,-~ ..., ." "l C-G. .Il f _MER~IAN . CI Y , C-G 'J 'IL , /., :;1, AI: '.: ./ ., ~I . ~ 1" h~' ,.I" :: ,f ~ ,j' C~ , . : . . o 0 o : 0' *County Zone SEe. 18 - t 3N. - RolE. . ':.\ 1:".\<" \- '\! . --- ... ....". \ . . rl r ---..- ;t I l .. I ......" 0.2. ,~. : Q . .. : t . ., . , . . . ' . : I ~"o~ i * ! -85- .. . . ,~ . '.~' ........ .:~"':.. r... , I ,. ,t - <",:.f - ' C-G . i I ... -" c 110 " '>;"~;i' ~ .. , '''~'.;. : .~'; . " a-' I ' . 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I . ~-- - T'- "I:.C! -~. -- "...' iii I '.....--.... ," ....., ~ 'I:i .... ' . III """"'!I I I ., l!.' - - - - - ----.. Ii"I l : .... I~" I I I .--= . ..... ....- ~ .0.a..IIIO::l III.JlOZ AUtna::l wow M I "~ - 'N ~ l - v2 ":>35 I \ I I I 11 q ~_ ~~ "-....0' Section 3. That the present Planning and Zoning Commission of the City of Meridian, which is comprised of six (6) members, including the Chairman, is hereby retained to fulfill its duties under the new Zoning Ordinance and the Subdivision and Development Ordinances and all other ordinances of the City of Meridian and the Local Planning Act of 1975, and the existing members shall maintain their existing tenure in office. Section 4. That the "Subdivision and Development Ordinance of the City of Meridian" is hereby adopted by the City of Meridian, State of Idaho; that said Ordinance shall be known as the "Subdivision and Development Ordinance of the City of Meridian"; that said Subdivision and Development Ordinance shall be comprised of Sections 9-601 through 9-617 and shall include the index, table of contents, text and appendix; that said Subdivision and Development Ordinance shall read as follows: 120 9-601 . 9-602 9-603 9-604 9-605 9-606 9-607 9-608 9-609 9-610 9-611 9-612 9-613 9-615 9-616 9-617 INDEX SUBDIVISION AND DEVELOPMENT ORDINANCE Title, Authority, Jurisdiction and Enactment Intent and Purpose Rules and Definitions Procedure for Subdivision Approval Design Standards Improvement Standards Planned Development Mobile Homes by Reference Cemetery Subdivision Floodplain Subdivision Vacations and Dedications Variances Detection of Violation, Enforcement and Penalties Subdivision Fees Development Time Requirements Appendix I I I I TABLE OF CONTENTS Title, Authority, Jurisdiction and Enactment---------------------- Intent and Purpose------------------------------------------------ Rules and Oefinitions--------------------------------------------- Procedure for Subdivision Approval-------------------------------- Subdivision Approval Required-------------------------------- Pre-Application Meeting-----------------------------------~-- Preliminary Plat--------------------------------------------- Administrative Processing of the Preliminary Development Plan for the Council and Notification Procedure------------ Council Hearings, Negotiations and Action-------------------- Approval Period---------------------------------------------- Appeal of Council Action------------------------------------- Final Plat--------------------------------------------------- Appeal of Council Action------------------------------------- Recording of Final Plat-------------------------------------- Design Standards-------------------------------------------------- Minimum Design Standards Required---------------------------- Streets------------------------------------------------------ Pedestrian Walkways------------------------------------------ Easements---------------------------------------------------- Blocks------------------------------------------------------- Lots--------------------------------------------------------- Planting Strips and Reserve Strips--------------------------- Public Sites and Open Spaces--------------------------------- Protective Covenants----------------------------------------- Fences------------------------------------------------------- tineal Open Space Corridors---------------------------------- Pedestrian and Bike Pathways--------------------------------- Improvement Standards--------------------------------------------- Responsibility for Plans------------------------------------- Improvements, Public----------------------------------------- Guarantee of Completion of Improvements---------------------- Penalty in Case of Failure to Complete the Construction of a Public Improvement------------------------------------ Planned Development----------------------------------------------- Purpose------------------------------------------------------ Applicability------------------------------------------------ Planned Development (PD) Categories---~---------------------- Procedures for Planned Development (PO)---------------------- Modification of Oistrict Regulations------------------------- General Regulations for Planned Developments----------------- General Standards for Planned Development (PO)--------------- Design Standards for planned Developments - Residential (PD-R)----------------------------------------------------- Design Standards for Planned Developments - Commercial (PD-C)----------------------------------------------------- Design Standards for Planned Developments - General (PD-G)--- Mobile Homes by Reference----~------------------------------------ Cemetery Subdivision---------------------------------------------- Floodplain Subdivision-------------------------------------------- Vacations and Dedications----------------------------------------- Variances--------------------------------------------------------- Detection of Violation, Enforcement and Penalties----------------- Amendment Procedures---------------------------------------------- Subdivision Fees-------------------------------------------------- Development Time Requirements-----------------------------------~- Appendix---------------------------------------------------------- Illustration of Principal, Accessory Buildings; Building Setback tines---------------------------------------------- Illustration of Fence Regulations---------------------------- Illustration of Sight Triangle and Fence Regulations--------- lr-l -I "~- l., ~_ Page 1 2 3 3 3 4 4 8 8 9 9 9 11 11 11 11 11 13 13 13 13 13 14 14 14 16 17 17 17 17 21 22 22 22 23 23 23 23 23 25 26 26 27 27 27 27 28 29 29 30 30 31 32 33 3S 3S 122 SUBDIVISION AND DEVELOPMENT ORDINANCE TITLE 9 CHAPTER 600 Title, Authority, Jurisdiction and Enactment 9-601 9-601 9-601 9-601 9-601 9-601 9-601 9-601 9-601 A TITLE This Ordinance shall be known as the IISubdivision and Development ordinancell of the city of Meridian, Idaho. B AUTHORITY This Subdivision and Development Ordinance is adopted pursuant to authority granted by Chapter 65, Title 67 of the Idaho Code; Chapter 13, Title 50 of the Idaho Code; Article 12, Section 2 of the Idaho Constitution as amended or subsequently codified. I C JURISDICTION These regulations shall apply to the development of all land within the legally defined Meridian city limits and the area of impact as defined in the Z90ing Ordinance pursuant to 67-6526, Idaho Code. D MINIMUM REQUIREMENTS The provisions herein shall be held to be the mJ.n:unum requirements for the promotion of the public health, safety and general public welfare. E 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. F COMBINING OF PERMITS The Administration may coordinate with other departments and agencies concerning all permits which may be required in this Ordinance 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, confusion and unnecessary delay for everyone involved. G EFFECT ON EXISTING AGREEMENTS This Ordinance is not intended to nullify any easement, covenant, or any other private agreement provided that where the regulations of this Ordinance are restrictive or impose higher standards or require- ments than such easement, covenants, or other private agreements, the requirements herein shall govern. I H SEVERABILITY CLAUSE Should any section or provision of this Ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Ordinance as a whole or a part hereof other than the part so declared to be unconstitutional or invalid. I REPEAL OF CONFLICTING ORDINANCE - EFFECTIVE DATE All Ordinances or parts of Ordinances in conflict with this Ordinance or inconsistent with the provisions of this Ordinance are hereby repealed to the extent necessary to give this Ordinance full force and effect. This Ordinance shall become effective from and after the date of its approval and adoption, as provided by law. -1- I I 9-602 1')1 ~,_ ,1..0 '_ INTENT AND PURPOSE The intent of this Ordinance shall be to implement a general rule for the use of the land in the Meridian city limits and the Area of Impact. This Ordinance shall be based on the officially adopted Comprehensive plan of the City of Meridian and is enacted in order to promote and protect the public health, safety, comfort, conve- nience, prosperity, and general welfare and to achieve the following objectives: 1. To promote the achievement of the proposals of the Meridian Comprehensive Plan; 2. To advance the City of Meridian as a self-sufficient employment and economic center; 3. To improve the character and quality of Meridian I s man-made environment while maintaining its identity as a self-sufficient conununity; 4. To encourage orderly growth and development, thereby avoiding scattered development of land that results in either of the following: a. The lack of water supply, sewer service, drainage, transpor- tation facilities, or otherwise essential public services; and b. The excessive expenditure of public funds for the supply of such services; 5. To protect residential, conunercial, industrial and c~v~c areas from the intrusion of incompatible uses and to provide opportuni- ties for establislunents to concentrate for efficient operation in mutually beneficial relationships to each other and to shared services; 6. 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; 7. To promote safe, fast and efficient movement of people and goods and the provision of adequate off-street parking and loading; 8. To encourage excellence and creativity in the design of all' future developments and to preserve the natural beauty of Meridian's setting; 9 . To provide for the manner and form of making and filing of development plans and plats i 10. To specify the requirements as to the extent and the manner in which: a. Roads and streets shall be created and improved; and b. Water and sewer and other utility mains, piping connections, or other facilities shall be installed; 11. 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 conununity services such as sewer, water, transportation, schools, parks, etc. ; . 12. To encourage the proper distribution and compatible integration of neighborhood commercial uses into all residential areas of the City; -2- 124' 9-603 9-603 9-603 9-604 9-604 13. To protect existing waters (Five Mile, Nine Mile, and Ten Mile Creeks) through the establislunent of eaSements throughout the City; 14. To protect recognized historic and architectural landmarks throughout the City; 15. To establish reasonable standards to which buildings or struc- tures shall conform; 16. To insure that additions to and alterations or remodeling of existing buildings or struc:;tures comply with the restrictions and limitations imposed hereunder; 17. To provide protection against fire, explosion, noxious fumes, and other hazards in the interest of the public health, safety, comfort, and the general welfare; I 18. To insure that buildings and land within the City are adequately maintained to prevent physical deterioration and tax base erosion; 19. To specify the administration of the regulations of the Ordinance by defining the powers and duties of approval authorities; and 20. To secure equity among individuals in the utilization of property. RULES AND DEFINITIONS A RULES For the purpose of this Ordinance, certain terms or words used herein shall be interpreted as follows: L The word "personll 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 II shall" is a mandatory requirement, the word IImayll is a permissive requirement, and the word IIshould" is a preferred requirement; 4. The words lIusedll or lIoccupiedll include the words "intended, designed or arranged to be used or occupiedll; S. The word "lot" includes the words "plot", "parcel", and IItractll; and 6. The masculine shall include the feminine. I B DEFINITIONS See Section 2-403 B of the Zoning Ordinance. PROCEDURE FOR SUBDIVISION APPROVAL A SUBDIVISION APPROVAL REQUIRED 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. -3- I I 9-604 9-604 1'JC:; ,_m Lo '- B PRE-APPLICATION MEETING The developer shall meet with the Administrator prior to the submis- sion of the Preliminary Development Plan. The purpose of this meeting is to discuss early and informally the purpose and effect of this Ordinance and the criteria and standards 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 Commis- sion or Council-prior to submitting an application. C. PRELIMINARY PLAT 1. Application - The applicant shall file with the Administrator a complete subdivision application form and preliminary plat data as required in this Ordinance, not less than thirty (30) days prior to the Commission I s public hearing. The Commission will not sch,dule any hearing or workshops or put the application on the agenda unless the above conditions have been met. 2. Public Hearing to be Held Prior to Subdivision. 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. 3. Combining Preliminary and Final plats - The applicant may re- quest 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. 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. 4. The Applicant - a. 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 9-604CS. b. The applicant shall pay all required fees. See 9-604C7_ c. The applicant shall pay all attorney, engineering, publish- ing and mailing costs incurred by the City. All such costs shall be a lien upon the land proposed to be subdivided. d. The applicant shall notify all adjoining property owners of hearings as required. See 9-604C. 5. Content of Preliminary Plat - 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. The subdivider shall submit to the Administrator at least the following: a. Twenty-seven (27) copies of the preliminary plat of the proposed subdivision, drawn in accordance with the require- -4- 126 ments hereinafter stated; each copy of the preliminary plat shall be on good quality paper, shall have dimensions of not less than twenty-four (24) inches by thirty-six (36) inches, shall be drawn to a scale suitable to insure clarity of all lines, dimensions and other data, shall show the drafting date, and shall indicate thereon, by arrow, the general northerly direction; b. Twenty-s.even (27) copies of a one (1) inch equals three hundred (300) feet scale map on 8-1/2"xllll paper indicating thereon all adjacent development and/or lots of record within three hundred (300) feet of any boundary of the proposed development, and the layout of the proposed development in bold outline; c. Twenty-seven (27) copies of the completed and executed subdivision application form; d. Seven (7) sets of conceptual engineering plans (not meant to be detailed designs) for streets, water, sewers, side- walks and other required public improvements. Such engi- neering plans shall contain sufficient information and detail to enable the Administrator to make a determination as to conformance of the proposed improvements to applicable regulations, ordinances and standards. e. Appropriate supplementary information that sufficiently details the proposed development within any special develop- ment area, such as hillside, planned unit development, floodplain, cemetery, mobile home, large-scale development, hazardous and unique areas of development. 6. Requirement of Preliminary Plats - The_ following shall be shown on the preliminary plat or shall be submitted separately: a. The name of the proposed subdivision and general location; b. The names, addresses and telephone numbers of the owner, the subdivider or subdividers and the engineer, surveyor or planner who prepared the preliminary plat; c. Name and address of the party to receive City billings and/or correspondence; d. The legal description of the subdivision; e. A statement of the intended use of the proposed subdivision, such as: residential single-family, two (2) 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; f. A map of the entire area scheduled for development if the proposed subdivision is a portion of a larger holding intended for subsequent development; g. A vicinity map showing the relationship of the proposed plat to the surrounding area (one-half (1/2) mile minimum radius, scale optional); h. The land use and existing zoning of the proposed subdivision and the adjacent land; i. Streets, street names, rights-of-way and roadway widths, including adjoining streets or roadways; j. Lot lines and blocks showing scaled dimensions and numbers of each; k. Contour lines, shown at five (5) foot intervals where land slope is greater than ten percent (10%) and at two (2) -5- I I 1'97 ..;..L. , foot intervals where land slope is ten percent (10%) or less, referenced to an established benchmark, including location and elevation; 1. A site report as required by the appropriate health district where individual wells or septic tanks are proposed; ID. Any proposed or existing utilities, including, but not limited to, storm and sanitary sewers, irrigation laterals, di tches, drainages, bridges, culverts, water mains, fire hydrants, and their respective profiles; n. A copy of any proposed restrictive covenants and/or deed restrictions; I o. Any dedications to the public and/or easements, together with a statement of location, dimensions and purposes of such; p. Any additional required information for special development as specified in this Ordinance; q. A statement as to whether or not a variance will be re- quested with respect to any provision of this Ordinance describing the particular provision, the variance requested, and the reason therefor; r. A statement of development features. 7. ~ - At the time of submission of an application far a prelimi- nary plat, the applicant shall pay the applicable fee as approved by the Council to cover the costs of processing. 8. Administrator Review - a. Certification - Upon receipt of the preliminary plat and all other required data as provided far herein, the Adminis- trator shall affix .the date of application acceptance thereon. The Administrator shall, thereafter, place the preliminary plat on the agenda far consideration at the next regular meeting of the Commission if there is suffi- cient time prior to the date of certification far the Commission to consider and review the application, and to give proper notice of a public hearing as required in 9-604 C.Bb. b. Notice will be published in the City's newspaper of record at the expense of the requesting party at least one (1) edi tion, fifteen (15) days prior to the hearing of the Planning and Zoning Commission meeting, which notice shall also give a sURUllary of the request and the location. I c. 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: 1) Other governing bodies having joint jurisdiction; 2) The appropriate utility companies, irrigation companies or districts and drainage districts; 3) The superintendent of the School District; and 4) Other agencies having an interest in the proposed subdivision. 9. Notification by Applicant - a. Notification to Property OWners - The applicant shall notify all adjoining property owners by mailing, by certi- fied mail, notice of the hearing to all property owners -6- 128 within three hundred (300) feet of the proposed boundaries of the subdivision. Said notice by certified mail must ,be deposited with the United States Post office at least fifteen (15) days prior to the hearing. 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 (300) feet. b. 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. 10. Commission Action - a. Hearing by Commission - Following the receipt of application 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. I b. Commission I s Finding - In determining the acceptance of a proposed subdivision, the Commission shall consider the objectives of this Ordinance and at least the following: 1) The conformance of the subdivision with the Comprehen- sive Development Plan; 2) The availability of public services to accommodate the proposed development; 3) The continuity of the proposed development with the capital improvement program; 4) The public financial capability of supporting services for the proposed development; and 5) The other health, safety or environmental problems that may be brought to the Commission's attention. c. Action on Preliminary Plat - The Commission may approve, approve conditionally, deny or table the preliminary pla"t 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 Commission1s action within ten (10) days. d. Action on Combined Preliminary and Final plat - If the Commission I s conclusion is favorable to the subdivider IS request for the subdivision to be considered as both a preliminary plat and final subdivision, then a recommenda- tion 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. I 11. 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. 12_ A record of the pub~ic hearing, findings made and action taken shall be made and maintained. -7- 9-604 l. 2. I 9-604 E l. 2. 129 D ADMINISTRATIVE PROCESSING OF THE PRELIMINARY DEVELOPMENT PLAN FOR THE COUNCIL AND NOTIFICATION PROCEDURE Upon' receipt of the Commission I 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: Set the public hearing date for the Preliminary Development Plan; and Review public hearing comments by concerned persons, public agencies or City departments. COUNCIL HEARING, NEGOTIATIONS, AND ACTION Prior to taking action concerning the Preliminary Development Plan, the Council shall conduct at least one (1) public hearing in which interested persons shall have an opportunity to be heard. No final subdivision plat shall be approved until one (1) 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 (300) feet of the proposed boundaries of the subdivision, which mailing shall be completed by the developer and by publish- ing notice of said hearing in the City's newspaper of record at least one (1) 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 (300) feet. 3. During the hearing, the Administrator shall report on the status of the application. 4. In considering the proposed development, the Council shall consider the requirements of this Ordinance and at least, but not limited to, the following: a. The conformance of the proposed development with the Comprehensive Plan; b. The availability of urban services to accommodate the proposed development; c. The continuity of the proposed development within the City1s capital improvement program; d. The public financial capability of supporting services for" the proposed development; and e. Health, safety, or environmental problems that may be brought to the Commissionls attention. 5. 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: a. The negotiations shall not occur in private or closed meetings; -8- 130 9-604 9-604 9-604 b. Negotiations shall take place in open and informal meetings; c. 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; d. The negotiation process shall be separate from the decision- making process of the Council; e. Results of the negotiations shall be a reconunendation to the Council and be available for public scrutiny; f. 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; I g. 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 of Meridian fifteen (15) days prior to Council action. 6. 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. 7. A record of the hearing, findings made, and action taken shall be maintained. F APPROVAL PERIOD 1. Council approval of the Preliminary Development Plan shall become null and void if the applicant fails, to submit the Final Development Plan within one (1) year of Council approval of the Preliminary Development Plan. 2. Upon written request to the Council and filed by the applicant prior to the termination of the said one (1) year period as stated in Section 9-604 F.l of this Ordinance, the Council may authorize a single extension of the approval of the Preliminary Development Plan for a period not to exceed one (1) year from the end of the said one (1) year period. 3 _ In the event that the development of the preliminary plat is made in successive contiguous segments in an orderly and reasona- ble manner, and conforms substantially to the approved prelimi- nary plat, such segments, if submitted within successive inter- vals of one (1) year, may be considered for final approval withoutresubmission for preliminary plat approval. G APPEAL OF COUNCIL ACTION Appeals of the action of the Council concerning the administration of this Ordinance may be taken by any aggrieved person. Within sixty (60) days of the Council action (and after all remedies have been exhausted under this Ordinance), an aggrieved person may seek JUDICIAL REVIEW of the Council's action under provision provided by Sections 67-s21s(b) through (g) and 67-5216, Idaho Code. H FINAL PLAT 1. Application - 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: -9- i 11 ~'":--. - a. Twenty-seven (27) folded copies of the final plat; b. Five (5) copies of the final engineering construction drawings for streets, water, sewers, sidewalks and other public improvements; and c. Ten (10) prints of the final plat at a scale of one (1) inch equals three hundred (300) feet. 2. Contents of Final Plat - The final plat shall include and be in compliance with all items required under Title 50, Chapter 13 of the Idaho Code. The final plat submittal shall include at least: ---.. a. A written application for approval of such final plat as stipulated by the Commission; b. Proof of current ownership of the real property included in the proposed final plat and consent of recorded owners of the plat; c. 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; d. A statement of conformance with the approved preliminary plat and meeting all requirements or conditions thereof; e. A statement of conformance with all requirements and provisions of this Ordinance; and f. A statement of conformance with acceptable engineering, architectural and surveying practices and local standards. 3. !:!! - 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. 4. Administrator Review - a. Acceptance - Upon receipt of the final plat, and compliance wi th all other requirements as provided for herein, the Administrator shall certify the application as complete and shall affix the date of acceptance thereon. b. Resubmittal of Final Plat - The Administrator shall review the final plat for compliance with the approved or condi- tionally 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 Adminis- trator 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. r"'. c. Submission to the Council - Upon the determination that the final plat is in compliance with the preliminary plat and all conditional requirements have been met, the Adminis- trator shall place the final plat on the Council agenda within forty-five (45). days from the date that an acceptable final plat application was received and acknowledged by the Administrator. 5. Agency Review - The Administrator may transmit one (1) copy of the final plat. or other documents submitted, for review and recommendation to the departments and agencies as he deems necessary to insure 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. -10- -12- 2. 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 (72) inches above grade to the bottom wire; -14- 132 9-604 9-604 9-605 9-605 9-605 6. 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. 7. The Administrator shall notify the applicant of the Council I s action within ten (10) days of such action. 8. A record of the Council's review and action concerning the Final Development Plan and findings made shall be maintained. I I APPEAL OF COUNCIL ACTION (For required procedures, see Section 9-604G of this Ordinance.) L Approval Period - Final plat shall be filed with the County Recorder within one (1) 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 (1) year from the end of the original one (1) year period. J RECORDING OF FINAL PLAT 1. Upon approval or approval with conditions by the Council, the applicant may submit the Final Development Plan to the Ada County Recorder for recording_It shall contain the following: a_ Certification and signature by the Council which verifies that the development has been approved; b. Certification and signature of the City Clerk (if required) and the City Engineer verifying that the development meets the City's requirements; c. Certification of the sanitation restriction on the face of the Final Development plan is in accord with Idaho Code, Section 50-1326; and d_ Certifications required under Idaho Code, Title 50, Chapter 13, as well as those required by Ada county Ordinance_ 2. Upon recording of the plat, the developer shall file a certified copy of the recorded plat with the Administrator. DESIGN STANDARDS I A MINIMUM DESIGN STANDARDS REQUIRED All plats submitted pursuant to the provJ.sJ.ons of this Ordinance, 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 Article; provided, however, that any higher standards adopted by any Highway District, State Highway Department or Health Agency shall prevail over those set forth herein. B STREETS 1. Dedication - Within a proposed subdivision, arterial and collec- tor streets as shown on ~he Comprehensive Plan shall be dedicated to the public in all cases; in general, all other streets shall also be dedicated to public use. .. -11- i3? ~~~ v 2. Location - Street and road location shall conform to the location requirements of ACHD or successor agency. 3. Street and Road Specifications - a. Street Right-of-Way Widths - Shall comply with the require- ments of ACHD or any successor agency_Street and road right-of-way wi9ths 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: Highway and Street Types Widths I Expressway or Freeway.....................160-260 feet Major Arterial................................120 feet Minor Arterial....................._.__....... 80 feet collector Street..................__.......... 60 feet Minor Street....................... _ . . . . . . . . .. 50 feet Non-Continuous Residential Street..__......... 40 feet b. Street Grades - Street grades shall not exceed ten (10) percent on either minor or collector streets, and six (6) percent for arterial streets. The minimum grade of all streets shall be 0_3 percent. c. Street Alignment - Street alignment shall be as follows: 1) Horizontal Alignment - When street lines deflect from each other by more than ten (10) degrees in alignment, the centerlines shall be connected by a curve having a minimum radius of five hundred (SOD) feet for arterial streets, three hundred (300) feet for collec- tor streets. Between reverse curves on collector and arterial streets, there shall be a minimum tangent distance of two hundred (200) feet; and 2) Vertical Alignment - Minimum stopping sight distances shall be two hundred (200) feet for minor streets and designed-in accordance with design speed for collector and arterial streets. 4. Street Names - The naming of streets shall conform to the following: a. Street names shall not duplicate any existing street name within the county, except where a new street is a continua- tion of an existing street; street names that may be spelled differently but sound the same as existing streets shall not be used; and I b. All new streets shall be named as follows: Streets having predominantly north-south direction shall be named IIAvenuell or "Roadll; streets having a predominantly east-west direc- tion shall be named "Streetll or "Wayll; meandering streets shall be nameduDrive", II Lane II , "Pathll, or IITrailll; and cul-de-sacs shall be named "Circle", IICourtll, and IIPlacell. 5_ Intersections - Intersections shall conform to the following: a _ Angle of Intersection - Streets shall intersect at ninety (90) degrees or as closely thereto as possible, and in no case shall streets intersect at less. than seventy (70) degrees; b. 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 (lOO) feet from the center of the intersection (see Diagram 9-617A3 in Appendix of this ordinance); -12- 13lf 9-605 9-605 9-605 9-605 9-605 c. Number of Streets - No more than two (2) streets shall cross ~t anyone (1) intersection; .d. IITII Intersections - IITII intersections may be used wherever such design will not restrict the free movement of traffic; e. Centerline offsets - Street centerlines shall be offset by a distance of at least one hundred twenty-five (125) feet; and f. 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 (100) feet each way from the inter- section. An allowance of two (2) percent maxmimum inter- section grade in rolling terrain, and four (4) percent in hilly terrain, will be permitted. I C 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 I parks or shopping areas; the pedestrian easement shall be at least ten (10) feet wide. D 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 (10) feet. Unob- structed drainageway easements shall be provided as required by the Council. E 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 (500) feet nor more than one thousand (1,000) feet in length. F LOTS Lots shall conform to the following: 1. Zoning - The lot width, depth and total area shall be not less than the requirements contained in the Zoning Ordinance; 2. 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; and I 3. Sufficient Area for Septic Tank - Where individual septic tanks have been authorized,. sufficient area shall be provided for a replacement sewage disposal system. G PLANTING STRIPS AND RESERVE STRIPS Planting strips and reserve strips shall conform to the following: 1. 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 (20) feet wide, and shall not be a part of the normal street right- of-way or utility easement; and -13- I I 9-605 9-605 9-605 ""3h:: J_ u 2. Reserve Strips - a. Reserve Strips - Private - Privately held reserve strips controlling access from adjacent lands to streets shall be prohibited; however, b. Reserve Strips - Public - A one (1) foot reserve may be required to be placed along half streets which are within the subdivision boundaries to insure 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. H PUBLIC SITES AND OPEN SPACES Public sites and open spaces shall conform to the following: 1. 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 Section 67-6517, Idaho Code, 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 (~O) 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; 2. 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; and 3. Special Developments - In the case of planned unit developments and large scale developments, the Commission may require suffi- cient park or open space facilities of acceptable size, location and site characteristics that may be suitable for the proposed development. I PROTECTIVE COVENANTS Protective covenants may be prepared and recorded as part of a 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. The commission shall ,review and approve subdivision restrictive covenants prior to recording. Protective covenants may include such things as: architectural committee, minimum building floor area, mobile home provisions, allowable livestock, location of recreational vehicles, commercial and industrial activity, number of dwelling units, mainte~ance of open space, private utility lines, allowable signing and amendment provisions. J FENCES 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. 1. Electric fences shall be prohibited within the corporate limits of the City; 2. 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 (72) inches above grade to the bottom wire; -14- 13'8 3. Open-vision fences may be built to the property line in commer- cial and industrial districts; 4. For the purposes of this Section I walls, latticework, and screens shall be considered to be fences and shall be built and maintained in compliance with the provisions hereof; 5. The use of boxes, sheet metal, old or decayed wood, broken masonry blocks, or other like unsightiy materials for fencing shall be prohibited; 6. Fences may be erected in all residential and limited office districts subject to the following: a. Solid or closed-vision fences to a height of thirty-six (36) inches, or open-vision type fences to a height of forty-eight (48) inches may be built from the front of the dwelling unit to and including the front property line. Fences to a height of seventy-two (72) inches 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 clear-vision triangle shall be limited to thirty-six (36) inches in height measured from the crown of the street; and c. Solid or closed non-vision fences to a height of thirty-six (36) inches or open-vision type fences to a height of forty-eight (48) inches 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 (72) inches 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 (36) inches in height may be erected in the clear-vision triangle. 7. The policy for the permission to and the conditions and restric- tions imposed by the permission to construct and erect fences within public right-of-way is hereby established as follows: a. 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 (5) feet, six (6) inches wide if adjacent to a collector or arterial street, or four (4) feet, six (6) inches wide if adjacent to a local street, measured from the back of the curb or curb line; b. 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; c_ Fences shall not exceed four (4) feet in height in the front setback area or six (6) feet in height elsewhere on property to be fenced and shall otherwise comply with this Ordinance; d. Regardless of the type of material used, fences shall be built of materials meeting Uniform Building Code require- ments for structural stability, fire resistance, and safety; e. Fences and all appurtenant structures or footings con- structed 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; -15- I I I I 9-605 137 f. 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 anyone (1) person, three hundred thousand dollars ($300,000.00) for personal injuries to anyone (1) person, and three hundred thousand dollars ($300,000.00) for personal injuries to persons per occurrence; g. All work (such as grading, seeding, or paving between the proposed fence to be erected on public property and the curb or street travel way) shall be at the expense of the property owner and in accordance with the requirement and specification of the Ada County Highway District; h. If the City Building Inspector approves the application, the applicant must obtain a building permit from the Department of-- Building, ACHD or State DOT, as applicable, before commencing the construction or erection of said fence; i. 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 I s own expense and risk; and j. 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 neces- sary 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. 8. For an illustration of fence regulations, see Section 9-6l7A2 in the Appendix of this Ordinance. K LINEAL OPEN SPACE CORRIDORS The extent and location of lands designated for linear open space corridors should be determined largely by natural features and, to a lesser extent, by man-made 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-oi-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 co~ridors serve: 1. 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. -16- 138 9-605 9-606 9-606 9-606 Subdivision plats or development plans shall show the location of any lineal open space corridors. L 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 automobile) 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. IMPROVEMENT STANDARDS I A RESPONSIBI!.ITY FOR PLANS It shall be the responsibility of the subdivider of every proposed subdivision to have prepared by a registered engineer a complete set of construction plans, including profiles, cross sections, structural and special details specifications, and other supporting data for all required public streets, utilities and other facilities. Such construction plans shall be based on conceptual plans which have been approved with the preliminary plat and shall be prepared in conjunction with the final plat. Construction plans are subject to approval by the responsible public agencies. All construction plans shall be prepared in accordance with the respective public agency's standards or specifications. B 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: 1. Monwnents - Monuments shall be set in accordance with Section 50-1303, Idaho Code; 2. Streets and Alleys - All streets and alleys shall be constructed in accordance with the standards and specifications adopted by the City Council and Highway District; 3. Curbs and Gutters - Vertical curbs and gutters shall be construc- ted 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; 4. 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; I 5. Installation of public Utilities - required and subject to the ordinances; are and Underground utilities Council-adopted policies 6. Driveways - All driveway openings in curbs shall be as specified by the Public Works Department, Highway District or State Highway Department; 7. Storm Drainage - An adequate storm drainage system shall be requ~red in all subdivisions. The requirements for each partic- ular subdivision shall be established by the Council. Construc- tion 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 manage: ment (208) plan; 8. Public Water Supply and Sewer Systems - All public water supply or sewer systems (serving one or more separate premises or -17- I I -'l '"19 ' ,"'I household$) shall be constructed in accordance with any adopted local plans, specifications and codes. All new public water supply or sewer systems shall be an exten- sion of an existing public system whenever possible. In the event the proposed public water supply or sewer system is not an extension of an existing public system, there shall be a showing by the subdivider that the extension is not feasible and not to the best interest of the public. Section 50-1326, Idaho Code, 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; 9. Fire Hydrants and Water Mains - Adequate fire protection shall be required in accordance with the appropriate Fire District standards; 10. Street Name Signs - Street name signs shall be 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; 11. Sidewalks and Pedestrian Walkways - Five (5) foot 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 (100) feet, sidewalks on only one (1) side of the street may be allowed. Pedestrian walkways, when required, shall have ease- ments at least ten (10) feet in width and include a paved walk at least five (5) feet in width. Sidewalks and cross walks shall be constructed in accordance with the standards and specifications as adopted by the Council; 12. 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; and 13. Street Lighting - Streetlights shall be required to be installed throughout the subdivision. A subdivider shall conform street lighting to the requirements of the City Council, Ada County Highway District, and the public utility providing such street lighting. The street lighting shall be in conformance with the provisions hereinafter set forth unless a variance is required due to the requirements of Idaho Power Company. After construction of the street lighting, it shall be the obligation of the owner, or his agent t to obtain from Idaho Power Company certification that said street lighting was ins talled in accordance with 9-606 B.13. Following receipt of the certification by Idaho Power Company, the street lighting shall become the property of the City and the City shall pay the cost of maintenance and power. a. Wooden Pole - Class 6 minimum; five (5) foot minimum buried height. Pole to be placed in accordance with the attached City standard drawing. Wooden pole to meet all requirements of Federal Specifica- tion TT-W57lh dated July 18, 1966, or as modified since July 18, 1966. Pole shall be grouncled by use of a grounding rod, as approved by the Meridian City Electrical Department using a No. 6 bare ground wire from top of pole to grounding rod. -18- l~O ev -50 s:: >. .... ..-4.Q k :5 0 'O-rt -.-4 ev k :.>a.. 0 evkk fi a.. ev - o.ev e ld C -.-4 eevC\ I \j.f,Q1:: ~ r-f_W en r-f ), ev ld · ,lJ1:: U .c -.-4 0 ~ U) U -.-4 -.-4 II) ,IJ ~ kC\Cld ld ld r-f C -.-4 r-f > '.-4 '0 ld I ), ~ -" ,IJ ~kkm 'OJ!-~ & ~ .. 11 ~ 0 Z I .. .1.r.lnr.lINIr.l1 ..0-.01 1"""IH'''1 MO-.'" ~ I I o .' .~ l IfW'Il HlN' MO-.r;,Z -19- 1 t1 _.... . ~~ ....... b. Lamp Size and Minimum Mounting Heiqht - Wattage 100 200 400 Minimum Mounting-Height 25 feet 30 feet 35 feet Mast Arm - Two (2) inch diameter galvanized steel pipe bracket, General Electric Cat. No. C623G004 or approved equal. Nominal length shall be s~ (6) feet or as approved by the City Engineer. Mast arm shall be grounded. c. d. Streetlight Luminaires - I Description: 100 Watt Four-Way High Pressure Sodium Cat. Nos.: Luminaire, 100 Watt 120 Volt High Pressure Sodium, Normal Power Factor Reactor Ballast, Medium Semi-Cutoff Type II Four-way Light Distribution, External PE Receptacle, Glass Refractor. General Electric Westinghouse ITT C760N679 RVIGSGS-A7EA 133-57010 Description: 100 Watt Type II High Pressure Sodium Cat. Nos.: Luminaire, 100 Watt 120 Volt High Pressure Sodium, Normal Power Factor Reactor Ballast, Medium Semi-Cutoff Type II Light Distribu- tion, External PE Receptacle, Acrylic Refractor. ITT General Electric Westinghouse 113-57012-6 C760N544 RVlASGS-A2EA Description: 200 Watt Type II HiqhPressure Sodium Cat. Nos.: Luminaire, 200 Watt 120 Volt High Pressure Sodium, Normal Power Factor Lag Ballast, Medium Semi-Cutoff Type II - Light Distribu- tion, External PE Receptacle, Glass Refractor. General Electric Westinghouse C760N937 RVIGSUG-A2EA 400 Watt Type II High Pressure Sodium I Description: Cat. Nos.: Luminaire, 400 Watt 120 Volt High Pressure Sodium, High Power Factor Lag Ballast, Medium Semi-cutoff Type II Light Distribu- tion, External PE Receptacle, Glass Refractor. General Electric Westinghouse C798NSOl RV2GSPG-A2DA e. Luminaire Setback - Luminaire shall be placed over curb line, but no greater than four (4) feet from the face of the curb. f. Conduit - Galvanized Metal Conduit or PVC - Schedule 80 (one (1) inch diameter minimum), anchored every eight (8) to ten (10) feet. Conduit to extend minimum of ten (10) feet above ground. I g. Conductor Size - The standard for conductor size from the fuse system to the underground splice box is No. 6 AWG. -20- 142- 9-606 This m1n1mum size is necessary to make a watertight connec- tion to Idaho Power Company I s underground secondary connectors. h. Wiring - All work shall comply with the Meridian City Electrical Code - Rules and Regulations.- All electrical wire shall be AWG No. 12 or heavier, or as required by Idaho Power Company. The more restrictive requirement shall prevail. Fuse system shall be required. Also, watertight disconnect box shall be required. 1. Inspection - Prior to installation of streetlights, a permit shall be obtained from the Building Department, and the Public Works Department shall be notified forty-eight (48) hours prior to the start of intallation. Inspection of the electrical work shall be performed by the electrical inspector and approval obtained therefrom before acceptance of the work is given. The Public Works Department will have final responsibility for accepting or rejecting all work or for approving any variances or exceptions from the requirements. I j. Workmanship and Material Guarantee - The developer agrees to indemnify and save harmless the City of Meridian from any and all defects appearing or developing in the materials furnished and the workmanship performed for a period of one (1) year after the date of acceptance of the work by the City of Meridian. C 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 9-606 B 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 City1s 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 finan- cial guarantees in one (1), 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: 1. Surety Bond - a. Accrual - The bond shall accrue to the City covering construction, operation and maintenance of the specific public improvement; b. Amount - The bond shall be in an amount equal to one hundred twenty (120) percent of the total estimated cost for completing construction of the specific public improve- ment, as estimated by the City Engineer and approved by the Council; I c. 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; d. 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; and e. The escrow agreement shall be drawn and furnished by the Council. _ -21- I I 9-606 9-607 9-607 .-'!!. ~ ~ '1 ! L' "1 _.L_\ :__r ,_ 2-. Cash Deposit, Certified Check, Negotiable Bond, or Irrevocable Bank Letter of Credit - a. 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; b. 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 (110) percent of the estimated cost of construction for the specific public ~provement, as estimated by the City Engineer and approved by the Council; c. Escrow Time - The escrow time for the cash deposit, certi- fied check, negotiable bond or irrevocable bank letter of credit shall- be for a period to be specified by the council; and d. 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 improve- ment, in accordance with a previously entered into agreement. D PENALTY IN CASE OF FAILURE TO COMPLETE THE CONSTRUCTION OF A PUBLIC IMPROVEMENT 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. PLANNED DEVELOPMENT A PURPOSE The City's policy is to encourage developers of land development and construction projects to utilize the provisions of this section to achieve the following: 1. A development pattern in accord with the goals, objectives and policies of the Comprehensive Plan; 2. A development pattern which preserves and utilizes natural topographic and geologic features, scenic vistas, trees, and other vegetation and which maintains natural drainage patterns; 3. A maximum choice of living environments which allows a variety of housing and building types, which penni ts an increased density per acre, and which allows a reduction in lot dimensions, yards, building setbacks, and area requirements; 4. A more useful pattern of open space, parks, and recreation areas; 5. A more convenient pattern of commercial, residential, and industrial uses as well as public services which support such uses; 6. A more efficient use of land and reduced costs of streets and utilities than is generally achieved through conventional subdivisions; -22- lY4' 7. A development pattern which preserves neighborhood develoPl!'ent and stability and encourages a socioeconomic mixture of people within a given environment; and 8. A development that encompasses maximum site design flexibility. 9-607 B APPLICABILITY Whenever there is a conflict or difference between the prov~s~ons of Section 9-607 and. other Sections of this Ordinance, the provisions of Section 9-607 shall prevaiL Subjects not covered by Section 9-607 shall be governed by the respective provisions found elsewhere in this Ordinance. 9-607 C PLANNED DEVELOPMENT (PO) CATEGORIES I The City of Meridian shall provide for four (4) PD categories: l. Planned Development Residential (PD-R); 2. Planned Development Commercial (Po-C); 3. planned Development Industrial (PO-I); and 4. Planned Development General (PO-G). 9-607 0 PROCEDURES FOa PLANNED -DEVELOPMENT (PO) 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 Section 9-604 of this Ordinance, PROCEDURES FOR SUBDIVISION APPROVAL. 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: L Architectural style and building design; 2. Building materials and color; 3. Landscaping; 4. Screening; S. Garbage areas; 6. parking; and 7. Open space. 9-607 E MODIFICATION OF DISTRICT REGULATIONS A PO shall be allowed only as a Conditional Use in each district subject to the standards and procedures set forth in this Section. I A PO 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 PO 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 the standards and criteria contained in this Section. 9-607 F GENERAL REGULATIONS FOR PLANNED DEVELOPMENT 1. planned Developments - Planned developments shall be subject to requirements set forth in the Zoning Ordinance and also subject to all provisions within this Ordinance. 2. A planned development shall not be required to contain a minimum number of acres. -23- ~. L.' ~ .LJ'-" 3. OWners I Association - The Owners I 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. 4. Issuance of Certificate of Zoning and Building Permits shall be granted only after development plan and covenants have been approved by the Council. 5. 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. I 6. Change of a 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 I minor changes I may increase the volume of any building or structure by more than ten (10) percent or increase the gross density of the PD. 7. Bonus Density - Developer is responsible for documentation of change. The following bonus densities may be granted within a Planned Development, but shall not be treated as cumulative: a. provision for private, common open space in a PD shall be considered cause for density increases not to exceed twenty-five (25) percent; b. Character, identity, and siting variation incorporated in a PD shall be considered cause .for density increases not to exceed twenty-five (25) percent. Factors which are deemed to make a substantial contribution to such character, identity and siting variation include, but are not limited to, the following: 1) Landscaping - Streetscape, open space and plaza use of existing landscape; pedestrian and bicycle ways and recreational areas; 2) 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 I 3) Design Feature - Street sections, architectural styles, harmonious use of materials, parking areas broken by landscape features, and varied use of dwelling types and heights; c. Publicly dedicated land in a PD shall be considered for density increases not to exceed twenty-five percent for facilities such as school, library, station, park, recreational facility; and d. Density increases, not to exceed twenty-five (25) percent, shall be considered when environmentally sensitive areas (creeks, wetlands, wooded areas) have been preserved in their natural state. cause (25) fire 8. Financial Guarantees - The developer shall post financial guarantees for all approved on-site improvements if required pursuant to 9-606 C. -24- 148 9-607 G GENERA,L STANDARDS FOR PLANNED DEVELOPMENTS (PO) L Accessibility of Site - All proposed streets, alleys, and driveways shall be adequate to serve the residents, occupants, visi tors, 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 I"oadways shall be subject to the approval of the Ada County Highway District. On-site vehicular circula- tion 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 ~ost of such improvements. I 2. Roadways - Design and dimensional standards for roadways shall be subject to standards set by the City Council. 3. Off-Street Parking - off-stI"eet parking shall be conveniently accessible to all dwelling units and/or other uses. Where appropriate, common driveways, parking areas, walks, and steps may be pI"ovided, maintained, and lighted for night use. Design and dimensional standards for off-street parking shall be subject to provisions set forth in Title 2-414 of this Ordinance. 4. Utilities - All PD. s shall provide underground installation of utilities (including streetlights, water, sanitary sewer, 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 facili- ties pursuant to review by the City Engineer and the Ada County Highway District. 5. Open Space - All open space delineated or approved as common open space shall meet the following applicable standards: a.The location, size and shape of the common open spaces shall be sui table for the use proposed and shall enhance the common enj oyment of recreational pur sui ts , or provide visual, aesthetic, or environmental amenities; b. 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 ameni- ties of the common space and have regard for the topography and natural features of the common open space; c. 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 insure the future improvement of the open space; I d. 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; e. The total area of all common open space shall equal or exceed ten (10) percent of the gross land area of the PD; and -25- I I 9-607 9-607 ""-"7 1 1.;. -.~ .--~ f. 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. 6. Landscaping- a. Screening of off-street parking, loading, and waste storage areas shall be required. b. Screening shall be required as a buffer between residential and non-residential uses or structures in a PD. c. All ground surfaces in a PD shall be covered with a vegeta- tive cover growth or other ground treatment capable of preventing soil erosion under normal surface runoff conditions. 7. 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. 8. Design Review - All PD I s shall be subject to design review by the City Staff and Council. H DESIGN STANDARDS FOR PLANNED DEVELOPMENTS - RESIDENTIAL (PD-R) 1. Storage Areas - Storage areas shall be provided for the antici- pated needs of boats, campers and trailers. For typical residen- tial development, one (1) adequ...te 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 (1) additional parking space beyond that which is required by the Zoning Ordinance 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. I DESIGN STANDARDS FOR PLANNED DEVELOPMENTS - 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 (20) feet to a residen- tial 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, and 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 provide for maximum visibility by customers and to create a harmonious relationship between buildings and exterior spaces throughout the project. -26- 148 9-607 9-608 9-609 9-610 9-610 9-610 J DESIGN STANDARDS FOR PLANNED DEVELOPMENTS - GENERAL (PO-G) 1. PD-G shall be subject to all applicable standards as set forth in Section 9-607 of this Ordinance, 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. MOBILE HOMES BY REFERENCE See Title 3, Chapter 5 of Ordinances of the City of Meridian. A CEMETERY SUBDIVISION 1. Function - The developer shall provide the Commission with written documentation that will sufficiently explain the func- tions of the proposed cemetery for either human or animal remains. I 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 Title 27, Idaho Code. FLOODPLAIN SUBDIVISION A SUBDIVISION WITHIN A FLOODPLAIN 1. Flood Areas - 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 documen- tation 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 maj or drainageways; f. Areas of frequent flooding; g. Means of flood-proofing buildings; and h. Means of insuring loans for improvements within the floodplain_ I B 1. New construction and substantial improvements of residential :structures within the floodplain shall have the lowest floor (including basement) elevated above the level of the lOa-year flood; and, for new construction or substantial improvements of non-residential structures, the lowest floor (including basement) shall be elevated one (1) foot or more above the level of the one hundred (100) year flood. Attendant utility and sanitary facilities shall be flood-proofed up to the level of the one hundred (100) year flood. 2. Justification for Development - 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, or property; will not have -27- 1 .1 9-611 1~.9 adverse effects on the safety, use or stability of a public way or drainage channel or the natural environment; has been approved by any other property owner affected by such alteration. 3. No subdivision or part thereof shall be approved if levees, fills, structures or other features within the proposed subdivi- sion will individually or collectively significantly increase flood flows, heights or damages. If only a part of a proposed subdivision can be safely developed, the C01.Ulcil shall limit development to that part and shall require that development proceed consistent with that determination. 4. Subdivisions shall be reviewed to assure that: a. All such proposals are consistent with the need to minimize flood damage; b. All public utili ties and facilities, such as sewer, gas, electrical and water systems, are located and constructed to minimize or eliminate flood damages; and c. Adequate drainage is provided so as to reduce exposure to flood hazards. A VACATIONS AND DEDICATIONS 1. Application Procedure - 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 Adminis- trator. These provisions shall not apply to the widening of any street which is shown on the Comprehensive Develop- ment 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. 2. Action- a. Commission Recommendation - The Commission shall review the request and all agency response and make a recommenda- tion to the C01.Ulcil for either approval, conditional approval, or denial_ b. Council Action - 1) When considering an application for vacation proce- dures, the C01.Ulcil 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) When considering an application for dedication proce- dures, 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 accep- tance 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. -28- 150 9-612 ~-6l2 9-613 3) 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. A VARIANCES L Purpose - 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 Ordinance on a finding that undue hardship results from the strict compliance with specific provisions or requirements of the Ordinance or that application of such provision or require- ment is impracticable. 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: I a. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Ordinance 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; b. That the strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the subdivider because of unusual topography, other physical conditions or other such conditions which are not self- inflicted, or that these conditions would result in inhibit- ing the achievement of the objectives of this Ordinance; 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; and e. That such variance will not have the effect of nullifying the interest and purpose of this Ordinance and the Compre- hensive Development Plan. B APPLICATION 1. Procedure- a. Application - An applicant desiring a variance shall complete and file an application with the Administrator; and b. The variance procedure shall follow requirements contained in 2-419. I A DETECTION OF VIOLATION, ENFORCEMENT AND PENALTIES L Enforcement - No subdivision plat required by this Ordinance or the Idaho Code shall be admitted to the public land records of the County, or recorded by the County Recorder, until such subdivision plat has received final approval by the Council. No public board, agency, commission, official or other authority shall proceed with the construction of, or authorize the con- struction of, any of the public improve!llents required by this Ordinance until the final plat has received the approval of the CounciL The City Attorney shall, in addition to taking whatever crimiQal action deemed necessary, take steps to civilly enjoin any violation of this Ordinance. 2. Penalties - Penalties. for failure to comply with the provisions af this Ordinance shall be as follows: -29- I I 9-614 9-615 J51 Violation of any of the provisions of this Ordinance or failure to comply with any of its requirements shall constitute a misdemeanor. Each day such violation continues shall be considered a separate offense with a three hundred dollar ($300) per day fine. The fine may be collected civilly or criminally including cost of attorney fees upon collection. The landowner, tenant, subdivider, builder, public official or any other person who commits, partici- pates in, assists in or maintains such violation may each be found guilty of a separate offense. Nothing herein contained shall prevent the Councilor any other public official or private citizen from taking such lawful action as is necessary to restrain or prevent any violation of this Ordinance or of the Idaho Code. A AMENDMENT PROCEDURES 1. The Council may, from time to time, amend, supplement or repeal the regulations and provisions of this Ordinance upon recommenda- tion from the Commission or upon its own motion in the fOllowing manner: a. The Commission, prior to recommending an amendment, supple- ment, or repeal of the ordinance, shall conduct at least one (l) public hearing in which interested persons shall have an opportunity to be heard. At least fifteen (IS) 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 newspaper or paper of general circulation within the jurisdiction. Following the Commission hearing, if the Commission makes a material change in the Ordinance other than that published for the present hearing, further notice and hearing shall be provided before the Commission forwards its recommenda- tion to the Council. A record of the hearings, findings made and actions taken shall be maintained; b. The Council, prior to adopting an amendment, supplement or repeal of the Ordinance, shall conduct at least one (I) 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 Or-dinance other than that published for the present hearing, further notice and hearing shall be pr-ovided before the Council adopts the amendment, supplement or repeal. A SUBDIVISION FEES A petitioner or applicant for one of the following subdivision approval or application matters shall pay the fees set forth below when filing an application or- requesting a permit before the Meridian Planning and Zoning Commission and/or the City Council of Meridian. No petition or application, except as hereafter provided, shall be accepted by the City unless accompanied by the required filing fee. The fees required for the various types of petitions and applications shall be as follows: 1" Subdivisions- Preliminary Plat Approval $100 Plus $5 per Lot Final Subdivision Plat Approval No Base Fee, $10 per Lot Time Extension Application $100 Appeals (from all Administrative, Commission or Council Decisions) I $100 All Other Reviews $100 -30- 152 9-616 2. That in the application of the fee structure, the following rules shall apply: a. For any requested public hearing involving more than one (1) 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; b. Notwithstanding any of the preceding fee schedu;les, 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; I c. 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; d. In addition to the above fees for zoning, planning and subdivision matters, the applicant or petitioner shall pay for all the City of Meridian's costs of publication, legal and engineering fees relating to processing the application or petition. All fees and costs incurred by the City of Meridian 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. DEVELOPMENT TIME REQUIREMENTS The owner or developer of any property annexed after the date of enactment of this Ordinance shall have two (2) years from the date of annexation to prepare and file a preliminary plat for the annexed area. After the date of approval of the preliminary plat, the owner or developer shall have one (1) year within which to file his request for approval of final plat. After approval of final plat, the owner or developer shall have one (1) year to begin construction of the public utilities and one (1) year thereafter to complete construction of those public facilities. If the above timetable is not met, the property will be subject to deannexation, and owner or developer may be required to go through the platting procedure again. Upon good cause shown, the City Council may extend the above time limits. r -31- 1 f'=;-? _,..~.v \_~ I 9-617 APPENDIX ] .....,.- -32- 154'- 9-617 Al Building - Principal & Accessory Building Setback Lines Lot Depth Yards -- ~~~~;~~: ,~:i 3~ ~~: ~j}:::~ '.: / : (:.~ ,:" .:: : ..'- .:._~.:) :: ~ ~.::\ ~ ~ ~ ~~~: ,: ;;: j:~.:-~:; ::~':::~;;? ;;';"/.=;:t[: :":.;.;.;:': _ SIDEWALK RIGHT-OF WAY lINE .-. .-.-.- . I .. I Q c::: ~ >- ~ Z ~ I.L. a.- . 'SlOE YARO . SIDE YARD LL.I Z ~ _ ....... _ ~. -. ~ I ACCESSORY BUILDING' ~ PRINCIPAL QUILOING, -J. ~{I ~ l.n. LL.I I ~ . I' -- . -I~ .. Ig i~ . I . I Q ex: <: >- 0:: -=:: LL.I a:: . lOT WIDTH - - ....:. -----.r;...; -= .~-; c:;;. =- -;.;;:.;- . ~. -=.~ :: =. - - UTILITY EASEMENTS' - - - REARLOT liNES - - - - - - -33- CI LOT DEPTH 155 (Dimensions included are only for illustrative purposes and are not part of the Meridian Zoning and Development Ordinance.) I- REAR LOT LINE. 154 FT. JI{ ':::[!i*~~I_~mj~!i.l~~I~ji~;-\;..i'1N~~i*~jiii~~~i~!lii: ....(..~W.;." \ ~'.'....'.'.'.'." \t~~. . \i'!~!:!!~I. mt. \ ...... ......... ......... ......... .,....... ........'. ..... ", r:: .;w,......<. \3 ,,:;:,\)( o~. '\~~jj:}!ti!\: \~ " . ;~:::;:.::.:::::~.: .:~::;::::.:;:;:;::: ~ :::/,\:::;:;:. \~ ~ .:{{t 0 (ft . .\::::::::. \ ~. \ . .... \ .,:}:t-._o,o-r _0_-:%::::: i~~)t11J'#;Hli68SQ:l*1!;!!!11 i. ~ ~.-_------ r I.&J Z :J J- 9 L&J C - (I) ......,~-~~.-~ BUILDING SETBACK L1~; -:14- Fence Regulation INSIDE LOT 9-617 A2 ~roperty L in: ....... CITY OF MERIDIAN 728 MerIdian Street 888 H33 156 Solid or Open Fence Behind Set Back I., .. 3' Solid Fence or 4' Open Chain Link Type Fence In Front of Setback~ Leave Open Access to ~Jater Meters and Ftre Hydrant F.ence Regulation CORNER LOT 6' Wood, So11 d or Open Fente: ~ty Li he 3' Wood or Solid Fence or 4' Open Fence SiteTriangle 3' Chain Link ~r Open Fence" Leave Open Acces~ to Water Meters and Fire Hydrant 3' Wood or Solid Fence or 4' Open Fence __ , ee~ S~'( /' -35- 1 r7 -,..,) . Section 5. That the Zoning Ordinance and the Subdivision and Development Ordinance are voluminous; that at least three (3) copies of this Ordinance and the Zoning Ordinance and the Subdivision Ordinance shall be maintained in the Office of the City Clerk for review; that anyone shall be provided a copy of either the Zoning Ordinance or the Subdivision Ordinance, or both, upon payment of the below stated fee: Zoning Ordinance $6.00 Subdivision and Development Ordinance $4.00 I All of the Zoning Ordinance and the Subdivision and Development Ordinance, and this Ordinance $10.00 Section 6. EFFECTIVE DATE: WHEREAS, there is an emergency therefor, which emergency is hereby declared to exist, this ordinance shall take effect and be in full force and effect from and after its passage, approval and publication as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, "this 2nd day of April, 1984. APPROVED: ~r?~~ Grant P. Kingsford, ay ATTEST.: J -~ AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 88"461 SUMMARY OF ORDINANCE NO. 430 NOTICE IS HEREBY GIVEN that the City of Meridian, on the 2nc� day of j,pr; 1 19f34 _ , passed the above numbered Ordinance - said Ordinance adopted two new ordinances, one known as the "ZONING ORDINANCE OF THE CITY OF MERIDIAN," hereinafter referred to as the "Zoning Ordinance", and the "SUBDIVISION AND DEVELOPMENT ORDINANCE OF THE CITY OF MERIDIAN," hereinafter referred to as the "Subdivision and Development Ordinance. The Zoning Ordinance sets forth comprehensive zoning designations for the City and provides for zoning districts and procedures for zoning matters; it further provides for the following: Title Authority, Jurisdiction & Enactment; Intent and Purpose; Rules and Definitions; Administration; General Ordinance Provisions; Non -Conforming Buildings, Structures & Uses; Z District I�?a oning p and Districts; Establishment and Purpose of Zoning Districts; Zoning Schedule of Use Control,• Zoning Schedule of B & Coverage ControlBulk g s; Floodplain Overlay District; Performance Standards for District Use; Off -Street Parking & Loading Facilities Signs; ties g Zoning Amendment Procedures; Zoning Upon Annexation; Condi- tional Use; Variances; Certificate of Zoning Compliance; Certifi- cate of Occupancy; Schedule of Fees; Penalty Provisions and Enforcement; Appendix Of Illustrations; and Official ZoningMaps; psi AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 888-4461 the Ordinance contains misdemeanor penalty provisions of. a $300.00 fine and/or six (6) months in jail for violations of the Ordinance and, additionally, provides for civil enforcement such as restrain- ing order, preliminaryinjunction, junction, and permanent injunction; the Ordinance adopts zoning maps which indicate the zoning of the property in the City of Meridian and which zoning maps are attached hereto and published along with this Summary; the effective date of the Zoning Ordinance is the date of this publication which is the llth day of April 1984. The Subdivision and Development Ordinance sets forth the requirements for subdivisions and developments and the procedures to be followed in such matters; the Ordinance further provides for the following: Title, Authority, Jurisdiction and Enactment; Intent and Purpose; Rules and Definitions; Procedure for S ubdivi Sion Aprpoval; Design Standards; Improvement Standards; Planned Development; Mobile Homes by Reference; Cemetery Subdivision; Floodplain Subdivision; Vacations and Dedications; Variances; Detection of Violation, Enforcement and Penalties; Subdivision Fees, Development Time Requirements; and Appendix; that the Ordinance contains misdemeanor penalty provisions of a $300.00 or fine and six (6) months in ail j both, and each day a violation continues shall be a separate offence and, additionally, provides for civil enforcement; the effective date of the Subdivision and Development Ordinance is the date of this publication which is the llth day Of April 1984. Three (3) copies of the Ordinance and three (3) copies each of the zoning provisions and the subdivision and development provisions are, and shall be maintained; on file at the City Hall, 728 Meridian Street Meridian, in, Idaho. The full text of this Ordinance and the Zoning Ordinance and the Subdivision and Development Ordinance is available at the City Hall for review and, if a copy is desired, it shall be delivered to a requesting party upon payment of the fee as set by the City Council therefor. This Summary has been approved by the Mayor and City Council upon motion duly made and seconded, and passed. DATED this 2nd day of April, 1984. ATTEST: Jack Niem nn _ II City Cler AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 telephone888446t P YOR�`— APPROVAL OF SUMMARY OF ORDINANCE I, WAYNE G. CROOKSTON, JR., City Attorney for the City of Meridian, Ada County, Idaho, do hereby state that I examined the Summary of Ordinance No • have read and 430 the Summary of Ordinance No. 430 is true and complete and provides adequate notice to the public of the contents of Ordinance No. 430 DATED this ?O9 day Of March Wayne G Y G. Crookston�' City Attorney,� JrJr. City of Mer than AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 telephone 88"481