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465 Setback Restrictions 96 PASSED by the City Council and Approved by the Mayor of the City of Meridian, Ada County, Idaho, this 17th day of March, 1986. APPROVED: MA R, GRANT P. ING FO ATTEST: ORDINANCE PJO. 465 AN ORDINANCE AMENDING THE ZONING AND DEVELOPMENT ORDINANCE OF THE CITY OF MERIDIAN BY ADDING A SCHEDULE OF MAXIMUM HEIGHTS FOR FENCES FOR THE VARIOUS ZONING DISTRICTS; BY ADDING A PROVISION ALLOWING ADJUSTMENT OF LOT LINES~OF LOTS CONTAINED IN A RECORDED PLAT OR SUBDIVISION; BY ADDING SETBACK RESTRICTIOPJS FOR ZERO LOT LINE BUILDING LOTS AND EASMENT REQUIREMENTS FOR ZERO LOT LINE LOTS; BY REPEALING SECTION 111-9-606 B. 13, STREET LIGHTING AND RE-ENACTING A NEW SECTION 11-9-606 B. 13, STREET LIGHTING, WHICH INCLUDES PROVISIONS GOVERNING THE SITUATION WHERE STREET LIGHTS HAVE NOT BEEN REQUIRED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian Zoning and the Meridian Subdivision and Development Ordinances were adopted in April, 1984, and since that time, after working with and administering the Ordinances. needed changes have become apparent; and WHEREAS, The Mayor and City Council have adopted Findings of Fact and Conclusions pertaining to the proposed amendments; and WHEREAS, The Mayor and the City Council of the City of Meridian, State of Idaho, have concluded that it is in the best interests of said City to amend the Meridian Zoning Ordinance and the Meridian Subdivision and Development Ordinance effective as set forth hereinafter; NDW,~THEREFORE,~BE IT ORDAINED BY THE "MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: 1. That section 11-9-605 J, Fences, is hereby amended by the addition thereto of a schedule of maximum heights for fences; that said schedule shall be known as Section 11=9-6'05 J`: 9. and shall read as follows: "9. Subject to the otherrestrictions contained in this section, Fences, the maximum fence heights in each zoning district shall be-as follows: a) b) c) *PROVIDED, 2~9~7~ ZONE HEIGHT R-4, R-8, R-15, R-40 & L-0 6.0 feet C-N, C-C, C-G & RSC, OT, & MUR* 8.0 feet TE, I-L, & M 8.0 feet HOWEVER, in all cases in Paragraph b where a fence greater than 6 feet is proposed the applicant for the fence building permit shall submit the request for permit to the Planning and Zoning Commission for design revir-.w." ~, That Section 11-9-604 is hereby amended by the addition thereto of a new subsection which shall be designated 11-9-604 K, Lot Line Adjustment, and shall read as follows: "11-9-604 K. LOT LIPJE ADJUSTMENT 1. The City may approve the relocation of original-lot lines as shown on a recorded plat. Provided, however, that the following standards are met: a. A relocation of the original lot lines does not reduce the building site below the dimensional standards prescribed by this ordinance, or any covenant pertaining to said plat. b. The relocation of any lot lines does not change the original number of lots in any block, as shown on the recorded plat. c. The relocation of original lot lines does not change or move any streets, easements, or publicly dedicated areas in any manner. d. The applicant has prepared a Record of Survey Plat or ~1ap show- ing the relocated lot lines which shall have received the approval of the City Engineer. e. That prior to being submitted to the City for approval, the applicant will have obtained parcel numbers from the County Assessor. 2. The date of an application shall be the date that the Administrator of Zoning R; Development Ordinances shall have received payment of the required fee and all of the information in the manner as required pursuant to this ordinance. The date for. any required public hearing shall be fixed by the City within a reasonable time thereafter, and in no case later than sixty (60) days after the receipt of the application in its due form. Hearing and notice procedures shall be governed by Section 11-2-416 298 3. E & F of the Revised and Compiled Ordinances of the City of Meridian, as it shall be amended from time to time, and by such rules and procedures as the city may adopt pursuant to this Chapter and this Title." 3. The plat or map required by 1 d above shall include the following endorsements: 1. Certificate of lot owner(s) and acknowledgement 2. Certificate of Surveyor 3. Certificate of City Engineer 4. County Recorders Certificate The map or plat shall be prepared on a stable base drafting film and shall comply with Idaho Code Section 50-1304. Once recorded in the office of the Ada County Recorder, deeds will need to be written des- cribing the new boundary per the original recorded subdivision plat plus reference to the Record of Survey." That Section 11-9-605 F, LOTS, is hereby amended by the addition thereto of the following: 4. Zero Lot Line. Building Lots: a. YARD SETBACKS: In no case shall a zero-lot-line be allowed adjacent to a property line which is not part of the development application. Only one zero-lot-line interior side yard per lot may be permitted in the R-8 Zone. A minimum distance of ten (10) feet shall be maintained between buildings or potential buildings on separate lots. b. EASEMENTS: A perpetual six (6) foot wide maintenance/drainage easement shall be provided on the lot adjacent to the zero-lot-line property line which shall be kept clear of structures with the exception of fences, patios and slabs at grade. }hoof overhangs and below grade foundation footings may penetrate the easement on the adjacent lot a maximum of twelve (12) inches, but shall be so designed that run-off from the dwelling placed on the lot lines is limited to the easement area. The easement shall be shown on the development plan/ plat and incorporated into each deed transferring the title to the property." 4. That Section 11-9-606 B. 13. is hereby repealed." 5. That Section 11-9-606 B. 13~is hereby re-enacted and shall read as follows: 2'9.x_ 11-9-606 (3 13. STREET LIGHTING a. The City of Boise's Lighting Ordinance is hereby adopted by this reference as_authorized by law. Three (3) copies of Boise's Lighting Ordinance shall be maintained and on file in the office of the City Clerk, City of Meridian. b. That in the event the above street lighting requirements are waived in the case of an R-4 single..family duelling development or subdivision, the developer and lot owner shall be responsible for ensuring that there is a yard light installed in the front yard of each house in said development; that the yard light shall be controlled by a photo-electric cell which causes the yard light to come on and shut off automatically and said yard light shall be electrically wired directly to the residence's electrical breaker panel and comply with the National Electrical Code. - 6. EFFECTIVE DATE: WHEREAS, there is an emergency therefore, 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 P•?eridian, Ada County, Idaho, this " 17th day of March , 1986. APPP,OVED: ATTEST: G ^1T P. KINGSFORD �. 1%0/ )%,� AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 888-4481 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING AND DEVELOPMENT ORDINANCE OF THE CITY OF MERIDIAN BY ADDING A SCHEDULE OF MAXIMUM HEIGHTS FOR FENCES FOR THE VARIOUS ZONING DISTRICTS; BY ADDING A PROVISION ALLOWING ADJUSTMENT OF LOT LINES OF LOTS CONTAINED IN A RECORDED PLAT OR SUBDIVISION; BY ADDING SETBACK RESTRICTIONS FOR ZERO LOT LINE BUILDING LOTS AND EASEMENT REQUIREMENTS FOR ZERO LOT LINE LOTS; BY REPEALING SECTION 111-9-606 B. 13, STREET LIGHTING AND RE-ENACTING A NEW SECTION 11-9-606 B. 13, STREET LIGHTING, WHICH INCLUDES PROVISIONS GOVERNING THE SITUATION WHERE STREET LIGHTS HAVE NOT BEEN REQUIRED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian Zoning and the Meridian Subdivision and Development Ordinances were adopted in April, 1984, and since that time, after working with and administering the Ordinances, needed changes have become apparent; and WHEREAS, The Mayor and City Council have adopted Findings of Fact and Conclusions pertaining to the proposed amendments; and WHEREAS, The Mayor and the City Council of the City of Meridian, State of Idaho, have concluded that it is in the best interests of said City to amend the Meridian Zoning Ordinance and the Meridian Subdivision and Development Ordinance effective as set forth hereinafter; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 888.4461 1. That Section 11-9-605 J, Fences, is hereby amended by the addition thereto of a schedule of maximum heights for fences; that said schedule shall be known as Section 11-9-605 J.9. and shall read as follows: "9. Subject to the other restrictions contained in this section, Fences, the maximum fence heights in each zoning district shall be as follows: ZONE HEIGHT a) R-4, R-8, R-15, R-40 & L-0 6.0 feet b) C-N, C-C, C-G & RSC, OT, & MUR* 8.0 feet c) TE, I-L, & M 8.0 feet *PROVIDED, HOWEVER, in all cases in Paragraph b where a fence greater than 6 feet is proposed the applicant for the fence building permit shall sumbit the request for permit to the Planning and Zoning Commission for design review." 2. That Section 11-9-604 is hereby amended by the addition thereto of a new subsection which shall be designated 11-9-604 K, Lot Line Adjustment, and shall read as follows: "11-9-604 K. LOT LINE ADJUSTMENT 1. The City may approve the relocation of original lot lines as shown on a recorded plat. Provided, however, that the following standards are met: a. A relocation of the original lot lines does not reduce the building site below the AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 888-4461 dimensional standards prescribed by this ordinance, or any covenant pertaining to said plat. b. The relocation of any lot lines does not change the original number of lots in any block, as shown on the recorded plat. C. The relocation of original lot lines does not change or move any streets, easements, or publicly dedicated areas in any manner. d. The applicant has prepared a Record of Survey Plat or Map showing the relocated lot lines which shall have received the approval of the City Engineer. e. That prior to being submitted to the City for approval, the applicant will have obtained parcel numbers from the County Assessor. 2. The date of an application shall be the date that the Administrator of Zoning & Development Ordinances shall have received payment of the required fee and all of the information in the manner as required pursuant to this ordinance. The date for any required public hearing shall be fixed by the City within a reasonable time thereafter, and in no case later than sixty (60) days after the receipt of the application in its due form. Hearing and notice procedures shall be governed AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 888.4461 by Section 11-2-416 E & F of the Revised and Compiled Ordinances of the City of Meridian, as it shall be amended from time to time, and by such rules and procedures as the city may adopt pursuant to this Chapter and this Title." 3. The plat or map required by 1 d above shall include the following endorsements: 1. Certificate of lot owner(s) and acknowledgement 2. Certificate of Surveyor 3. Certificate of City Engineer 4. County Recorders Certificate The map or plat shall be prepared on a stable base drafting film and shall comply with Idaho Code Section 50-1304. Once recorded in the office of the Ada County Recorder, deeds will need to be written describing the new boundary per the original recorded subdivision plat Plus reference to the Record of Survey." 3. That Section 11-9-605 F, LOTS, is hereby amended by the addition thereto of the following: "4. Zero Lot Line Building Lots: a. YARD SETBACKS: In no case shall a zero -lot - line be allowed adjacent to a property line which is not part of the development application. Only one zero -lot -line interior side yard per lot may be permitted in the R-8 Zone. A mimimum distance AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone888-4461 of ten (10) feet shall be maintained between buildings or potential buildings on separate lots. b. EASEMENTS: A perpetual six (6) foot wide maintenance/drainage easement shall be provided on the lot adjacent to the zero -lot -line property line which shall be kept clear of structures with the exception of fences, patios and slabs at grade. Roof overhangs and below grade foundation footings may penetrate the easement on the adjacent lot a maximum of twelve (12) inches, but shall be so designed that run-off from the dwelling placed on the lot line is limited to the easement area. The easement shall be shown on the development plan/plat and incorporated into each deed transferring the title to the property." 4. That Section 11-9-606 B. 13. is hereby repealed. 5. That Section 11-9-606 B. 13 is hereby re-enacted and shall read as follows: 11-9-606 B 13. STREET LIGHTING a. The City of Boise's Lighting Ordinance is hereby adopted by this reference as authorized by law. Three (3) copies of Boise's Lighting Ordinance shall be maintained and on file in the office of the City Clerk, City of Meridian. b. That in the event the above street lighting Ift.01 S*011 requirements are waived in the case of an R-4 single family dwelling development or subdivision, the developer and lot owner shall be responsbile for ensuring that there is a yard light installed in the front yard of each house in said development; that the yard light shall be controlled by a photo -electric cell which causes the yard light to come on and shut off automatically and said yard light shall be electrically wired directly to the residence's electrical breaker panel and comply with the National Electrical Code. 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 ;� � day of YV ,_ !-,"J 1986. AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan, Idaho 83642 Telephone 888-4461 ATTEST: I /t �- / § LC JAC NIEMANN,% CITY CLERK AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone888.44ai APPROVED: '110", �Iplm GRANT P. O,D