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490 Zoning Ordinance Amdmt CUP's74 be, and the same is rezoned from (R-4) Residential to (L-O) Limited Office, and Section 11-2-425, Official Zoning Maps are hereby amended to reflect the same. Section 2. This Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this 20th day of October, 1987. APPROVED: YOR - GRANT P. K NG ATTEST: .. fi ORDINANCE NO. 490 AN ORDINANCE AMENDING THE ZONING AND DEVELOPMENT ORDINANCE OF THE CITY OF MERIDIAN BY AMENDING SECTION 11-2-418 B 12. TO DELETE THE 75~ SIGNATURE REQUIREMENT FOR CONDITIONAL USE APPLICATION IN THE OLD TOWN DISTRICT; BY AMENDING SECTION 11-2-418 B TO ADD A NEW CONDITIONAL USE APPLICATION STATEMENT REGARDING COVENANTS AND DEED RESTRICTIONS; BY AMENDING SECTION 11-2-41$ E TO REQUIRE CONDITIONAL USE APPLICATIONS IN OLD TOWN TO HAVE ONE PUBLIC HEARING BEFORE THE PLANNING AND ZONING COMMISSION AND THEN CONSIDERED BY THE CITY COUNCIL WITHOUT PUBLIC HEARING; BY AMENDING SECTION 11-2-418 BY THE ADDITION OF A NEW SECTION RELATING TO TRANSFER OF CONDITIONAL USE PERMITS; BY AMENDING SECTION 11-2-410 TO DELETE THE MAXIMUM LOT ,COVERAGE RESTRICTIONS FOR ALL RESIDENTIAL ZONES AND TO DELETE THE FOOTNOTE TO SAID SECTION PERTAINING TO GARAGE AREA; BY AMENDING SECTION 11-2-419 A TO .REMOVE RESTRICTIVE LANGUAGE FROM THE VARIANCE PROVISIONS RELATING TO CONVENIENCE AND PROFIT; BY AMENDING 11-2-419 B TO ADD A REQUIREMENT IN THE VARIANCE APPLICATION PERTAINING TO CONVENIENCE~AND PROFIT; AND PROVIDING AN EFFECTIVE DATE. -~. WHFRE,AS, the.Me~idian 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 interest of said City to amend the Meridian Zoning Ordinances and the Meridian Subdivision and Development Ordinance effective as set forth hereinafter; '75 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE 3 CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That Section 11-2-418 B, CONTENTS OF CONDITIONAL USE APPLICATION, be amended to change subsection 12 thereof to read as follows: "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; provided however, that for a conditional use applications for land in the OLD TOWN District, the .application does not need to include a petition signed by 75~ of the owners owning land within 300 feet of the subject property." Section 2. That Section 11-2-418 B be amended to add to that section a subsection 15, which would read as follows: "15. A statement that the proposed use does or does not violate any subdivision covenants or restrictions or deed restrictions." Section 3. That Section 11-2-418 E, PROCEDURE FOR HEARING AND NOTICE, be amended to read as follows: "E. Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing provedures provided in Section 2-416, Zoning Amendment Procedures, of this Ordinance. Provided however, that Conditional Use applications for land in OLD TOWN District -<..-~_shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission and after the recommendation of the Commission is made the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the ` recommendation of the Commission." Section 4. That Section 11-2-418 be amended by the addition of a new ' subsection J which would read as follows: °J. TRANSFERS: . •" < a. OLD TOWN--Conditional Use Permits for land in OLD TOWN may be transferred from old owners to new owners or from old occupants to new occupants or from like to like uses by petitioning the Zoning Administrator for approval. .The Zoning Administrator may approve .or deny the transfer or refer it to the City Council for decision but no public hearing shall be held. Appeals may be taken from the Zoning Administrator to the Council. b. NON-OLD-TOWN--Conditional Use Permits for land in any other district other than OLD TOWN may be transferred from old~~owners~to'new`owners or old occupants to new occupants for the same use for which the original :..conditional use was granted by petitioning the City Council. The City Council shall hold a public hearing on the petition after notice of said hearing having been mailed by certified mail to all property owners within the subject land and to a1.1 property owners within 300 feet of the external ' boundaries of the subject land." Section 5. That Section 11-2-410, ZONING SCHEDULE OF BULK AND COVERAGE CONTROLS, be amended to delete the maximum lot coverage for all residential zones and to delete the footnote to said section which allows garage area not to be included in the computation for maximum lot coverage in residential zones. ._76 Section 6. That Section 11-2-419 A be amended to read as follows: "The Council may authorize in specific cases a variance from the terms of this Ordinance or from the Subdivision and Development Ordinances 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 be granted only where , strict application of the provisions of this Ordinance would result in un- necessary hardship. A variance application does not go to the Commission unless directed by the Council." Section 7. That Section 11-2-419 B, APPLICATION AND STANDARDS FOR VARIANCES, be amended by the addition thereto of a new subsection to be known as 23 which shall read as follows: "23. A statement of how the granting of the variance would convenience the applicant and how the applicant would profit therefrom which statement shall also represent whether profit and convenience is the sole reason why the variance is requested." Section 8. 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 20th day of October, 1987. APPROVED: MAYOR, GRANT P. KINGSFORD ATTEST: JACK NIEMANN r� AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 888-4461 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING AND DEVELOPMENT ORDINANCE OF THE CITY OF MERIIDAN BY AMENDING SECTION 11-2-418 B 12. TO DELETE THE 75% SIGNATURE REQUIREMENT FOR CONDITIONAL USE APPLICATION IN THE OLD TOWN DISTRICT; BY AMENDING SECTION 11-2-418 B TO ADD A NEW CONDITIONAL USE APPLICATION STATEMENT REGARDING COVENANTS AND DEED RESTRICTIONS; BY AMENDING SECTION 11-2-418 E TO REQUIRE CONDITIONAL USE APPLICATIONS IN OLD TOWN TO HAVE ONE PUBLIC HEARING BEFORE THE PLANNING AND ZONING COMMISSION AND THEN CONSIDERED BY THE CITY COUNCIL WITHOUT PUBLIC HEARING; BY AMENDING SECTION 11-2-418 BY THE ADDITION OF A NEW SECTION RELATING TO TRANSFER OF CONDITIONAL USE PERMITS; BY AMENDING SECTION 11-2-410 TO DELETE THE MAXIMUM LOT COVERAGE RESTRICTIONS FOR ALL RESIDENTIAL ZONES AND TO DELETE THE FOOTNOTE TO SAID SECTION PERTAINING TO GARAGE AREA; BY AMENDING SECTION 11-2-419 A TO REMOVE RESTRICTIVE LANGUAGE FROM THE VARIANCE PROVISIONS RELATING TO CONVENIENCE AND PROFIT; BY AMENDING 11-2-419 B TO ADD A REQUIREMENT IN THE VARIANCE APPLICATION PERTAINING TO CONVENIENCE AND PROFIT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian Zoning and the Meridian Subdivison 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 interest of said City to amend the Meridian Zoning Ordinances and the Meridian Subdivision and Development Ordinance effective as set forth hereinafter; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan, Idaho 83642 Telephone Be"461 CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That Section 11-2-418 B, CONTENTS OF CONDITIONAL USE APPLICATION, be amended to change subsection 12 thereof to read as follows: 1112. 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; provided however, that for a conditional use application for land in the OLD TOWN District, the application does not need to include a petition signed by 75% of the owners owning land within 300 feet of the subject property." Section 2. That Section 11-2-418 B. be amended to add to that section a subsection 15, which would read as follows: "15. A statement that the proposed use does or does not violate any subdivision covenants or restricitons or deed restrictions." Section 3. That Section 11-2-418 E, PROCEDURE FOR HEARING AND NOTICE, be amended to read as follows: "E. Prior to approving a Conditonal Use Permit, the applicant and the Commisssion and Council shall follow notice and hearing procedures provided in Section 2-416, Zoning Amendment Procedures, of this Ordinance. Provided however, that Conditional Use applications for land in OLD TOWN District shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission and after the recommendation of the Commission is made the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." Section 4. That Section 11-2-418 be amended by the addition of a new subsection J which would read as follows: "J. TRANSFERS: a. OLD TOWN --Conditional Use Permits for land in OLD TOWN may be transferred from old owners to new owners or from old occupants to new occupants or from like to like uses by petitioning the Zoning Administrator for approval. The Zoning Administrator may approve or deny the transfer or refer it to the City Council for decision but no public hearing shall be held. Appeals may be taken from the Zoning Administrator to the Council. b. NON -OLD TOWN --Conditional Use Permits for land in any other district other than OLD TOWN may be transferred from old owners to new owners or old occupants to new occupants for the same use for which the original conditional use was granted by petitioning the City Council. The City Council shall hold a public hearing on the petition after notice of said hearing having been mailed by certified mail to all property owners within the subject land and to all property owners within 300 feet of the external boundaries of the subject land." Section 5. That Section 11-2-410, ZONING SCHEDULE OF BULK AND COVERAGE CONTROLS, be amended to delete the maximum lot coverage for all residential zones and to delete the footnote to said section which allows garage area not to be included in the computation for maximum lot coverage in residential zones. AMBROSE, Section 6. That Section 11-2-419 A be amended to read FITZGERALD &CROOKSTON as follows: Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 888.4461 AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan, Idaho 83642 Telephone 888,4461 "The Council may authorize in specific cases a variance from the terms of this Ordinance or from the Subdivision and Development Ordinances 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 be granted 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." Section 7. That Section 11-2-419 B, APPLICATION AND STANDARDS FOR VARIANCES, be amended by the addition thereto of a new subsection to be known as 23 which shall read as follows: 1123. A statement of how the granting of the variance would convenience the applicant and how the applicant would profit therefrom which statement shall also represent whether profit and convenience is the sole reason why the variance is requested." Section 8. 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-2-011day of �� . 1987. AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 888-4461 ATTEST: CITY CLERK/ JACK NI EMANN STATE OF IDAHO . ss. County of Ada APPROVED: MAYOR, GRANT P. KINGSFORD I, JACK NIEMANN, City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled: " AN ORDINANCE AMENDING THE ZONING AND DEVELOPMENT ORDINANCE OF THE CITY OF MERIIDAN BY AMENDING SECTION _ 418 DELETE THE 75$ TO SIGNATURE REQUIREMENTFOR11 CONDITIONAL• USE APPLICATION IN THE OLD TOWN DISTRICT; BY AMENDING SECTION 11-2-418 B TO ADD A NEW CONDITIONAL USE APPLICATION STATEMENT REGARDING COVENANTS AND DEED RESTRICTIONS; BY AMENDING SECTION 11-2-418 E TO REQUIRE CONDITIONAL USE APPLICATIONS IN OLD TOWN TO HAVE ONE PUBLIC HEARING BEFORE THE PLANNING AND ZONING COMMISSION AND THEN CONSIDERED BY THE CITY COUNCIL WITHOUT PUBLIC HEARING; BY AMENDING SECTION 11-2-418 BY THE ADDITION OF A NEW SECTION RELATING TO TRANSFER OF CONDITIONAL USE PERMITS; BY AMENDING SECTION 11-2-410 TO DELETE THE MAXIMUM LOT COVERAGE RESTRICTIONS FOR ALL RESIDENTIAL ZONES AND TO DELETE THE FOOTNOTE TO SAID SECTION PERTAINING TO GARAGE AREA; BY AMENDING SECTION 11-2-419 A TO REMOVE RESTRICTIVE LANGUAGE FROM THE VARIANCE PROVISIONS RELATING TO CONVENIENCE AND PROFIT; BY AMENDING 11-2-419 B TO ADD A REQUIREMENT IN THE VARIANCE APPLICATION PERTAINING TO CONVENIENCE AND PROFIT; AND PROVIDING AN EFFECTIVE DATE." Passed as Ordinance No. D by the City of Meridian, City Council and Mayor of the on th� � day of e1-� appears in my office. . 1987 as the same DATED this,j/- day of October, 1987. City Jerk of the City of Meridian Ada ounty, daho. STATE OF IDAHO ) ss. County of Ada ) On this,? L undersigned, a Notary day of Public October, 1987, before me, the in personally appeared JACK and for the said State, NIEMANN, known to person who subscribed instrument, and acknowledged his name to me to be the said to the within and foregoing me that he executed the same. IN WITNESS WHEREOF, I affixed my official seal the day have hereunto set my hand and and first ;'bove___written. year in this certificate (SEAL) �� eoe � W , �s' a Notublic Res for IdahoOTI'°''�N e at Meridian,Idaho AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 888.4481