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