496 Accessory Uses~~~s
APPROVED:
P. KINGSFO ~ Y
ATTEST:
ORDINANCE NO. 496
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF MERIDIAN BY AMENDING
SECTION 11-2-403 B~ DEFINITIONS; AMENDING SECTION 11-2-410 BY THE ADDITION
OF A NEW SUBSECTION RELATING TO ACCESSORY USES; REPEALING SECTION 11-2-418
B 12 AND RE-ENACTING SAID SECTION; BY AMENDING SECTION 11-2-418 B; BY AMENDING
SECTION 11-2-409 ZONING SCHEDULE OF USE CONTROL; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Mayor and City Council of the City of Meridian, State of
Idaho, have concluded that it is in the best interests of said City to amend
Sections 11-2-403 B, DEFINITIONS, 11-2-410 by the addition of a new subsection
relating to Accessory Uses, repealing Section 11-2-418 B 12 and re-enacting
said section by amending Section 11-2-418 B, and amending Section 11-2-409,
Zoning Schedule of Use Control. ~-
NOWT THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF MERIDIAN, ADA COUNTY, IDAHO:
SECTION 1. Section 11-2-403 B, Definitions is hereby amended as follows:
A. By the addition to said section of a definition of "Babysitting" which
shall read as follows:
"Babysitting --the act of caring for children for consideration while
the parents or usual guardians are absent. If it is performed in
the Childs own home or all the children are brothers and sisters of
each other, this definition shall not be restricted as to the number
of children. If it is performed in the babysitters home for children
who are not all brothers and sisters, this definition of babysitting
shall be restricted to 3 children not any of which are related as
brothers or sisters.. Babysitting is further defined as being performed
on a spordic basis and not on an every week day basis. It is not
to be confused with day care or the definition of a child care facility."
~8'7
B. By the deletion of the definition of "Day Care Center."
C. By the addition of a definition of "Child Care Facility" which shall
read as follows:
"Child Care Facility -=Any home, structure, or place where non-medical
care, protection, or supervision is regularly provided to children
under fourteen (14) years of age, for periods less than twenty-four
(24) hours per day, while the parents or guardians are not on the
premises. There are three types of child care facilities:
1) Family Child Care Home--a child care facility which provides
care for five (5) or fewer children throughout the day.
2) Group Child Care Home--a child care facility which provides
care for six (6) to twelve (12) children throughout the day.
3) Child Care Center--a child care facility which provides care
for more than twelve (12) children throughout the day..
It should be noted that in determining the type of child care facility
that is being operated, the total number of children cared for during
the day and not the number of children at the facility at any one
time is determinative."
D. By the addition of a definition of "Convenience Store" which shall
read as follows:
"Convenience Store -- a store offering goods, including gasoline,
for sale at retail. The offering for sale of services or goods pertaining
to the repair or servicing of vehicles shall not be included within
this definition of convenience store. See definition of Service Station."
SECTION 2. That Section 1I-2-410 shall be amended by the addition of
a new subsection which shall be number 11-2-410 D and which shall read as follows:
"11-2-410 D.--Accessory Use Provisions:
1. ACCESSORY USE REVIEW PROCESS: The Zoning Administrator shall
make the initial determination as to whether a building, structure
or use is accessory to a principal permitted use, and may issue
zoning certificates for those which are determined to be accessory
and which otherwise comply with this Section.
a. The accessory determination shall be based upon t'he relationship
of the building, structure or use to the principal permitted
. .. use.
Specifically, it must be habitually or commonly .established
as reasonably incidental to the principal permitted use and
located and conducted on the same premises as the principal
permitted use. In determining whether it is necessary, the
following factors shall be used:
1. The Size of the lot in question;
2. The nature of the principal permitted use;
3. The use made of adjacent lots;.
4. The actual incidence of similar~_use in the area;
5. The potential for adverse impact on adjacent property; and
6. The Applicant must be the owner of the property under
consideration and the user~of the accesory use.
b. Family Child Care Homes and Home Occupations may be considered
to be permissable accessory uses in the R-4 and R-8 residential
districts if they are approved after applying the following
additional review procedures and the applicable accessory
88
use standards of section 11-2-410 D.2.
1. Notice of the Application shall be mailed by certified return
receipt mail to owners of property which abutt the external
lot or boundary lines of the property under consideration.
Property across a street or alley or kitty corner to the subject
property shall be deemed abutting properties. Fifteen (15)
days from the date of publication referrenced in paragraph 2
below shall be allowed for response to said notice.
2. Notice of the Application shall be published in the Valley News
for two (2) consecutive weeks and fifteen (15) days after the
' first publication shall be allowed for comments.
3. The Applicant shall be required to pay any additional sewer,
water and trash charges or fees, if any are required.
4. The use shall be considered as a commercial use and shall not
violate any applicable deed or subdivision covenants or restrictions
relating to commercial uses.
5.. Pay a fee of $80.00 plus pay all costs of notice, legal and
engineering fees and consent to a lien for the above costs to
be assessed against the subject property.
6. If there is an objection to the proposed use filed within the
time for response, a hearing, after notice, shall be held by
the Planning and Zoning Commission, which may grant or deny
the application after making findings of fact. Any aggrieved
party may appeal the decision to the City Council within thirty
(30) days of the Commission's decision and if not so appealed
the decision shall be final.
7. If there are no objections filed within the time for filing
the same, the Zoning Administrators may grant the request.
c. Group Child Care Homes and Child Care Centers are not accessory uses and
are regulated as conditional uses. (See Section 11-2-418 for Conditional
Use procedures.)
2. ACCESSORY USE STANDARDS:
A. Accessory Buildings Standards:
1. 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:
a) Proof of ownership is established;
b) Disclaimer by the City of any utility easements; and
c) Written disclaimer by all utility companies waiving use of the
portion of alley to be improved by a structure;
2. 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.
3. An accessory building may be erected detached from the principal building,
or it may be connected thereto by a breezeway or similar structure.
No accessory building shall be erected in any required court, or in
any required yard other than a rear yard, except that where the natural
grade of a lot at the front line of the principal building is such
as to result in a driveway having a grade of ten percent (10~) or
greater, a private garage may be erected within the front yard, but
not within fifteen (15') of any street line.
4. No accessory building or structure shall occupy more than fourty percent
(40~) of the area of a required rear yard.
89
5. If not in a rear yard, an accessory building shall be connected
with the principal building to which it is accessory, and shall
be so placed as to meet all yard and court requirements for
a principal building including height and other dimensions.
6. If located in a rear yard, both detached and connected accessory
buildings shall be subject to the requirements set forth in
the following paragraphs:
a. The height shall not exceed fifteen feet.
b. No detached accessory building shall occupy any portion
of the front yard setback for a lot with a nonresidential
zone, if such lot has a common lot line to another lot
zoned residential.
c. Underground fallout shelters may be located within five
feet (5') of any property line and shall be exempt from
maximum lot coverage requirements.
d. No part of an accessory building on a corner lot located
within twenty five (25') of an adjacent residentially zoned
lot (either directly or across an alley) shall be nearer
to such adjacent lot than the least depth of the existing
front yard or required street side yard for a building
on such adjacent lot, nor shall accessory building project
into the side or front yard for the .principal building
to which it is necessary.
e. Coverage of rear yard by accessory buildings shall not
exceed twenty five percent (250). .. _
f. No accessory building or portion thereof located in a required
rear yard shall exceed fifteen (15) feet in height.
c. Family Child Care Home Standards: It is the intent of this provision
to provide for accessory family child care homes which will not adversely
impact surrounding properties due to children's noise, traffic and
other activities, and which are located away from and properly screeneld
from adverse impacts to the health, safety and welfare of the children.
The following conditions shall apply:
1. Secure and maintain a child care license from the Idaho
State Department of Health and Welfare-Child Care Licensing
Division if required.
2. Acquire an occupancy certificate and/or building permit.
3. Provide one off-street parking space per employee which
may be the driveway to the home.
4. Provide for child pick-up area located off of arterial
or collector streets.
5. Provide for screening of adjacent properties to protect
children from adverse impacts and to provide a buffer between
properties.
6. Provide for a fence of appropriate height/construction,
to enclose play areas, protecting children from traffic
on arterial or collector streets.
Violation of any of the above conditions shall cause to revoke
a zoning certificate for a family child care home.
c. Home Occupation Standards: It is the intent of this provision to permit
home occupations in residential dwellings which do not change the appearance
of the residence nor the condition of its residential character. The
following conditions shall apply:
90
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
incidential 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 as is customarily incidental to domestic•use;
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;
e. No equipment or process shall be used in such home occupation which
creates noise, vibration, glare, fumes, odor, or electrical interference
detecteable 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.
f. In no way shall the appearance of the residence be altered nor the
occupation be conducted. in a manner which would cause the premises
to differ from its residential character in the use of construction,
lighting, signs and in the emission of noise, fumes, odors, vibrations
or electrical interference.
Violation of any of the above conditions shall be cause to revoke
a zoning certificate for a home occupation.
Section 3. That Section 11-2-418 B. 12 is hereby repealed.
Section 4. That Section 11-2-418 B. 12 is hereby re-enacted and, shall read
as follows:
"11-2-418 B.12:
a. In residential districts a petition signed by seventy-five percent
(75%) of all those persons ow~nzng property within three hundred
(300) feet of the external boundaries of the land being considered
showing their approval of the proposed conditional use. •
b. In all districts other than the residential districts the above
mentioned 75% petition shall not be required."
Section 5. That Section 11-2-418 B. 15 is hereby amended by the addition of
the following:
' "The Applicantori sha.l`T iiiclude one copy of the_subdivision covenants
or restrictions or any deed restrictions, and a statement by the
Applicant that the proposed use does not violate those covenants
or restrictions."
Section 6. That Section 11-2-418 B. is hereby amended by the addition thereto
of three new subsections to be numbered 16, 17, and 18 which shall
read as follows:
"16. A statement that the Applicant or the user of the property agrees
to pay any additional sewer, water or trash fees or charges, if any,
associated with the use, whether that use be residential, commercial
or industrial."
"17. The Applicant shall be verified by the Applicant which shall
state that he has read the contents thereof and verifies that
the information contained therein is true and correct."
91
"18. No conditional use shall be granted if it violates any applicable
subdivision or deed convenant or restriction."
Section 7. That Section 11-2-409, Zoning Schedule of Use Control, is hereby
amended and shall read as follows in Exhibit "A" which is attached hereto and
incorporated herein as if set forth in full.
Section 8. EFFECTIVE DATE: These Ordinances shall be in full force and
effect from and after its passage, approval and publication according to law.
PASSED AND APPROVED this 6th day of September, 1988.
CITY OF MERIDIAN
BY ~%~-Y/
P. KINGSFORD
MAYOR
ATTEST:
CK N°
CI CLERK
SEE EXHIBITS ON FOLLOWING PAGES
-92
EXHIBIT "A"
r----
2-409 EOHING SCHEDULE OF USE CONTROL
~ `
LAND USE DZSTRZCTS •
2-409 H Commercial R_1 R_t R-15 RR-40 L-0 C_P C_C RSC C-G OT ?E Z M
Accounting Services - C P P P C P C
Administrative Services C P P P C P C
Automobile Repeir Shope ~ p
Automobile Service 6tations C C C P C
Automobile 1Paehlnq Facilities C p C P p p I
Bakery Stores C P P C P C
Banks and Other Financial p C p C p C
I\
~ Sars,,Alcoholic Establishments C C C C C
'1
Broadcasting, Radio i T.V.
C
P
C
C
C
C
C I
~ Hue and Rail Stations C P C
~ Cemeteries C
Child Care Center G C
C. C
C
C•
C
C
C
C
C,
.~ Churches ~ C C C P P C ;
Clinics {Medical, Dental i
~; Optical) C C C C P P= P. C P C
'~ Clubs i Lodges C C C C C C C
C Construction Bldgs., Temp. C C C C C C C C C G C C C
Convenience Stores C C P P. C C C
Department Stores P C P C
Drive-In Theaters ._
Drive-In Establishments C C C C C• C C C C C C
Dsy Cleaning C C P C p p
Entertainment Centers, ZndoosC C C C P C p C
- Entertainment Centers, Out-
- door C C C C C C P C C
• lamily Chiid Care Rome P-A P-A C C C pcA ,
~~ Garages, Public C C C C C P p
Greenhouses, Nurseries C C C C P C p C'
Group Child Caze Rome C C C C C C C C C i
Hospitals C C C C C ~
Hotels ~ C p C p C
Home OcctipAtions P-A P-A C C C
i
,p• Permitted Uee ~
~ I
~~
C~ Conditional Uee -
ExaIBIT "A"
i•
OF USE COAL
SCHEDULE
}409 EO .
NING DISTR ICT8
LAt7D USES
4 RCS R-15 R-~O LSO C~H
R
C_C
•RSC
C~„6
OT
T
T-409 _
A Residential C
C C C C .. C
Apartment Houses C
~ ~ C
Hoarding or Lodging Houses C C C C C~ C
A
C
Child Cnre Center p_A p_A C C
C
Child Case Boma
C C
C C
C
C
C
_ p-
C. i
I
C C C
Family
Group Child Care Rome p_A p-A C C P-A
p ~ I
• Home Occupations C C C C
Libraries C C C C
bile Nana Parke i 6ub. P p
M C C
o
Multi-Family Dwellings
(PD)
P p C
P
p P
planned Residential Dev.
s
li C
~ ng
C P P
Single-Family Dwel
r Three-Family pvellings lex C p p ~ p
Two-Family'Dwelling-DuP
ti. (Ord . 156, 9-3-95t amd. Ord. 470,.10-86)
P- Permitted Use _ .
C~ Conditional Uae
p-A. permitted ae aaeessory use
I
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--~. -
- - 1,
•, ~
y. ,.~
EXHIBIT "A"'
2-{Oq LONINO SCNEDtRd OP OSA CONIAOL
1,aND usgg DISTRICTS .
R_d R•_6 R-1S R__40 L_0 C`N C_C RSC C_0 0? ~ I M
2-!Oq D Cosnereial (Continued)
'
i Laboratories (Medical, Dental,
Optleal) T C C P
Laundries, Cwrnereial T C P
Laundrowats, Self-Service C C C P T i C,
Libraries and Museums P P P T P P P p
Mortuaries P P P C
' Motels C P C
Nursing Maces i Sanitarimns C C C
Nurseries i Dsy Gre Centers C C C C C
h Planned Cosaxrcial Dev. C C P P C P C
Professional i Sales Ottiess C C P C p C P C P
Q Public Parkinq Lo[t C C C C P G C i P
Public i Quasi-Tublie Uses C C C C P C C C C
Public Service Facilities POR PDR PDR PDR PDA PDA PDR• pDR pDR PDR PDR TDR
j ~ Publiahlnq i Printing Pseil. (Swell) P, P C P C t P
- Radio i ?.V. C C C C C C C C
~ Regional Shopping Center ~ C
Restaurants C C C P C P C P P
' Retail Stores C P C T C C C
Aetlrewent Howes C C P C ~ C
Research Pacilitiea C C C P P
T ^ Penitted Use
C ^ Conditional Use
Dp • Design Aeviev
EXHIBIT "A"
~
~ - -
2-sOr uNI11q sc~DDit OP DSE CONTROL --
`
LNID DSES DISTRICTS
i R_i RR^0 R_1S A_i0 L_0 C_N C_C IlSC C-O O! !! I M
2-4M s Cawwereial (Continued)
I, Laboratories (Medical, Oental, •
Optical) P C C t
Laundries, Commercial P C i
Laundrowats, Self-Servict C C C T P p C
Libraries end Museums P P T l P T P p
Mortuaries P T p C
Motels C p C
Nurslnq Names 6 $anitariuws C C C
Nurseries i Day Care Centers C C C C C
a Planned Commercial Dev. C C P t C t C
Professional 6 Sales Of[iees C C P C P C p C T
Q Public Parkinq Lots C C C C P C C t P
~;. Public i Quasi-Public Uses C C C C P C C C C
i = Public Servita Pacilities POR POA PDR pDA PDA PDR PDR PDR POR PDR PDR PDR
PuDliahinq i Printlnq Pacil. (Swell) P• P C T C P P
Radio i ?.V. C C C C C C C C
~ Regional Shopping Center C
Restaurants C C C' ! C T C T t
Retail Stores C P C P C C C
Retirement flames C C P C C
Research Facilities C C C p P
P • Perwitted Use
C • Condltional Use
DR ^ Design Reviev
•
y
----- - - -- -ti--- -
-
I
9~3
I
94
EXHIBIT "A"
s-+uy zoult~ aCRRDULE OP USE CORSRdL --- - -- - .
LMD ~~ DIS?RIC?S
i
i
2-109 C Industrial (Coatinued) R~ R=S R_13 R_40 L-0 CAN C_C RSC C_C 0? ?L I 'M
Ottiea Msehines C p
PMtosrapAie Rquipssnt C p
Prfating i PuDli~hinj C P t
Pzoeassfn; Plants ~ C
Public Usility ?ands p
Railroad ?ands 6 Shops ~ p
Recyelin6.Plsnts p
Small ?4ehineiy 6 Compoerant
Parts p
Solid Nasta ?ransfar Stations p
~Warehousing•i WholesallnR C P
? ~ (Ord. 456, 9.3.85) .
P
T ~ ,
~ P - Petaicted Usa
a C - Conditlonsl Uae +
ORDINANCE NO. 497
JOINT SCHOOL DISTRICT NO. 2 ANNEXATION AND ZONING
AN ORDINANCE ANNEXING AND ZONING A PART OF THE SE 1/4 OF SECTION 8, T. 3N.,
R. 1 E., BOISE MERIDIAN, ADA COUNTY, IDAHO, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho,
have concluded that it is in the best interest of said City to annex and zone
to the said City real property which is hereinbelow described:
JOINT SCHOOL DISTRICT NO. 2
A part of the SE 1/4 of Sec. 8, T. 3 N., R. 1 E., B.M., more particularly
described as follows:
_~...:Beginning:~.at..the South 1/4 Corner of Sec. 8, T. 3 N., R. 1 E., B.M., Ada
County, Idaho, which bears South 89°32' West, 2571.5 feet from. the section
corner common to Sections 8, 9, 16 and 17, T. 3 N., R. 1 E., B.M.; thence
North on the North-South 1/4 line of Section 8 a distance of 1362.5 feet
to a point on the north boundary of the Union Pacific Railroad right of way;
thence
South 88°32' East 498.2 feet along the North boundary of the Union Pacific
Railroad right of way to a point, thence
South 1350 feet to a point on the south boundary of Sec. 8, T. 3 N., R
1 E., B.M., thence
South 89°32' west 498.1 feet along the South boundary of said Section
8 to the POINT OF BEGINNING, comprising about 15.6 acres,
EXCEPT a parcel of land located in the SW 1/4 of the SE 1/4 of Section
8, T. 3 N., R. 1 E., B.M., Ada County, Idaho, more particularly described as
follows: •
Commencing at the South 1/4 corner of said Section 8, thence North 89°
32' East 393.20 feet along the South boundary of said Section 8 to the REAL
POINT OF BEGINNING; thence North 232.00 feet to a point; thence North 89°32'
East 105.00 feet to a point; thence South 232.00 feet to a point on the south
boundary of said Section 8; thence South 89°32' West 105.00 feet along the
AMBROSE,
FITZGERALD
d CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 888.4461
ORDINANCE NO. 196
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
MERIDIAN BY AMENDING SECTION 11-2-403 B, DEFINITIONS; AMENDING
SECTION 11-2-410 BY THE ADDITION OF A NEW SUBSECTION RELATING TO
ACCESSORY USES; REPEALING SECTION 11-2-418 B 12 AND RE-ENACTING
SAID SECTION; BY AMENDING SECTION 11-2-418 B; BY AMENDING SECTION
11-2 409, ZONING SCHEDULE OF
USE CONTROL; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Mayor and City Council of the City of Meridian,
State of Idaho, have concluded that it is in the best interests
of said City to amend Sections 11-2-403 B, DEFINITIONS, 11-2-410
by the addition of a new subsection relating to Accessory Use
repealing Section 11-2-418 B 12 and re-enacting said section b,
amending Section 11-2-418 B and Y
amending Section 11-2-409,
Zoning Schedule of Use Control.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
SECTION 1. Section 11-2-403 B, Definitions
amended as follows:
is hereby
A. By the addition to said section of a definition of
"Babysitting" which shall read as follows:
"Babysitting --the act of caring for children for
consideration while the
Parents or usual guardians
are absent. If it is
or all the children are brothers rformed l
bro herrsandhsisterssa
of a home
other, this definition shall not be restricted as to
the number of children.
If babysitters home for children twho arefnoealln the
brothers and sisters, this definition of bab sitt' Y ing
shall be restricted to 3 children not any of which
are related as brothers or sisters. Babysitting is
further defined as being performed on a spordic basis
and not on an every week day basis. It is not to be
confused with day care or the definition of a child
care facility".
B. By the deletion of the definition of "Day Care Center".
C. By the addition of a definition of "Child Care
Facility" which shall read as follows:
"Child Care Facility --Any home, structure, or place
where non -medical care, protection, or supervision is
regularly provided to children under fourteen (14)
years of age, for periods less than twenty-four (24)
hours per day, while the parents or guardians are not
on the premises. There are three types of child care
facilities:
1) Family Child Care Home --a child care facility
which provides care for five (5) or fewer
children throughout the day.
2) Group Child Care Home --a child care facility
which provides care for six (6) to twelve
(12) children throughout the day.
3) Child Care Center --a child care facility
which provides care for more than twelve (12)
children throughout the day.
It should be noted that in determining the type of
child care facility that is being operated, the total
number of children cared for during the day and not the
number of children at the facility at any one time is
determinative".
D. By the addition of a definition of "Convenience Store"
which shall read as follows:
"Convenience Store --a store offering goods, includ-
ing gasoline, for sale at retail. The offering for sale
of services or goods pertaining to the repair or
servicing of vehicles shall not be included within this
definition of convenience store. See definition of
Service Station".
AMBROSE, SECTION 2. That Section 11-2-410 shall be amended by
the
FITZGERALD addition of a new subsection which shall be number 11-2-410D and
3CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 888-4461
AMBROSE,
FITZGERALD
&CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 888-4461
which shall read as follows:
°11-2-410 D.--Accessory Use Provisions:
1• ACCESSORY USE REVIEW PROCESS: The Zoning
Administrator shall make the initial determination
as to whether a building, structure or use is accessory
to a principal permitted use, and may issue zoning
certificates for those which are determined to be
accessory and which otherwise comply with this Section.
a. The accessory determiniation shall be based
upon the relationship of the building, structure
or use to the principal permitted use.
Specifically, it must be habitually or commonly
established as reasonably incidental to the
principal permitted use and located and conducted
on the same premises as the principal permitted
use. In determining whether it is necessary, the
following factors shall be used:
1. The size of the lot in question;
2. The nature of the principal permitted
use;
3. The use made of adjacent lots;
4. The actual incidence of similar use in
the area;
5. The potential for adverse impact on
adjacent property; and
6. The Applicant must be the owner of the
property under consideration and the
user of the accesory use.
b. Family Child Care Homes and Home Occupations
may be considered to be permissable accessory uses
in the R-4 and R-8 residential districts if they
are approved after applying the following ad-
ditional review procedures and the applicable
cessory use standards of section 11-2410D2.ac-
1• Notice of the Application shall be
mailed by certified return receipt
mail to owners of property which abutt
the external lot or boundary lines of
the property under consideration.
Properties across a street or alley or
kitty corner to the subject property
shall be deemed abutting properties.
Fifteen (15) days from the date of pub-
lication referrenced in paragraph 2
below shall be allowed for response to
said notice.
2. Notice of the Application shall be
published in the Valley News for two
(2) consecutive weeks and fifteen (15)
days after the first publication shall
be allowed for comments.
3. The Applicant shall be required to pay
any additional sewer, water and trash
charges or fees, if any are required.
4. The use shall be considered as a com-
mercial use and shall not violate any
applicable deed or subdivision covenants
or restrictions relating to commercial
uses.
5. Pay a fee of $80.00 plus pay all costs
of notice, legal and engineering fees
and consent to a lien for the above
costs to be assessed against the subject
property.
6. If there is an objection to the proposed
use filed within the time for response,
a hearing, after notice, shall be held
by the Planning and Zoning Commission,
which may grant or deny the application
after making findings of fact. Any
aggrieved party may appeal the decision
to the City Council within thirty (30)
days of the Commission's decision and if
not so appealed the decision shall be
final.
7. If there are no objections filed within
the time for filing the same, the Zoning
Administrators may grant the request.
C. Group Child Care Homes and Child Care Centers
are not accessory uses and are regulated as
AMBROSE, conditional uses.
O (See Section 11-2-418 for
F R KConditional
BCOOSTOSTON Use procedures.)
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone88g.4481
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83842
Telephone 88&4481
2• ACCESSORY USE STANDARDS:
a. Accessory Buildings Standards:
1. All parts of an accessory building shall
be located within the lot of ownership.
Where an alley has been vacated permit-
ted accessory uses may be located at the
centerline of such alley, provided:
a) Proof of ownership is established;
b) Disclaimer by the City of any
utility easements; and
c) Written disclaimer by all
utility companies waiving use of
the portion of alley to be improved
by a structure;
2. 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.
3. An accessory building may be erected
detached from the principal building, or
it may be connected thereto by a breeze-
way or similar structure. No accessory
building shall be erected in any
required court, or in any required yard
other than a rear yard, except that
where the natural grade of a lot at the
front line of the principal building is
such as to result in a driveway having
a grade of ten percent (10%) or greater,
a private garage may be erected within
the front yard, but not within fifteen
(151) of any street line.
4. No accessory building or structure shall
OCCUPY more than forty percent (40%) of
the area of a required rear yard.
5• If not in a rear yard, an accessory
building shall be connected with the
principal building to which it is
accessory, and shall be so placed as to
meet all yard and court requirements
for a principal building including
height and other dimensions.
6. If located in a rear yard, both de-
tached and connected accessory
buildings shall be subject to the
requirements set forth in the following
paragraphs:
a. The height shall not exceed fifteen
feet.
b. No detached accessory building
shall occupy any portion of the
front yard setback for a lot with
a nonresidential zone, if such lot
has a common lot line to another
lot zoned residential.
C. Underground fallout shelters may be
located within five feet (51) of
any property line and shall be
exempt from maximum lot coverage
requirements.
d. No part of an accessory building on
a corner lot located within twenty
five (251) of an adjacent resident-
ially zoned lot (either directly or
across an alley) shall be nearer to
such adjacent lot than the least
depth of the existing front yard or
required street side yard for a
building on such adjacent lot, nor
shall accessory building project
into the side or front yard for the
principal building to which it is
necessary.
e. Coverage of rear yard by accessory
buildings shall not exceed twenty
five percent (25%).
f. No accessory building or portion
thereof located in a required rear
yard shall exceed fifteen (15) feet
in height.
AMBROSE, c. Family Child Care Home Standards: It is
FITZGERALD s the intent of this provision to provide
Attorneys and
Counselors
P.O. Box 427
Merldlan, Idaho
83642
Telephone 8884481
for accessory family child care homes
which will not adversely impact sur-
rounding properties due to children's
noise, traffic and other activities,
and which are located away from and
properly screend from adverse impacts
to the health, safety and welfare of
the children. The following conditions
shall apply:
1. Secure and maintain a child care
license from the Idaho State De-
partment of Health and Welfare -
Child Care Licensing Division if
required.
2. Acquire an occupancy certificate
and/or building permit.
3. Provide one off-street parking
space per employee which may be
the driveway to the home.
4. Provide for child pick-up area
located off of arterial or col-
lector streets.
5. Provide for screening of adjacent
properties to protect children
from adverse impacts and to pro-
vide a buffer between properties.
6. Provide for a fence of appropriate
height/construction, to enclose
play areas, protecting children
from traffic on arterial or col-
lector streets.
Violation of any of the above conditions
shall be cause to revoke a zoning
certificate for a family child care
home.
C. Home Occupation Standards: It is the
intent of this provision to permit home
occupations in residential dwellings
which do not change the appearance of
AMBROSE, the residence nor the condition of its
FITZGERALD residential character
acRooicsrorl . The following
conditions shall apply:
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 888-4461
AMBROSE,
FITZGERALD
&CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 88&4481
a. No persons other than members of
the family residing on the premises
shall be engaged in such oc-
cupation;
b. The use of the dwelling unit for
the home occupation shall be
clearly incidential 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 unitl 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 oc-
cupants on the premises and no
mechancial or electrical equipment
shall be installed or maintained
other than such as is customarily
incidental to domestic use;
d. No significant traffic shall be
generated by such home occupation,
and any need for parking generated
by the conduct of such home oc-
cupation shall meet the off-street
parking requirements as specified
in this Ordinance and shall not be
located in a required front yard;
e. No equipment or process shall be
used in such home occupation which
creates noise, vibration, glare,
fumes, odor, or electrical
interference detecteable 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.
f• In no way shall the a
the residence be altercedanorthef
occupation be conducted in a
manner which would cause the
AMBROSE,
FITZGERALD
6 CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 888.4481
premises to differ from its res-
idential character in the use of
construction, lighting, signs and
in the emission of noise, fumes,
odors, vibrations or electrical
interference.
Violation of any of the above conditions
shall be cause to revoke a zoning
certificate for a home occupation.
Section 3. That Section 11-2-418 B. 12 is hereby repealed.
Section 4. That Section 11-2-418 B. 12 is hereby re-enacted
and shall read as follows:
"11-2-418 B. 12:
a. In residential districts a petition signed
by seventy-five percent (75%) of all those
persons owing property within three hundred
(300) feet of the external boundaries of the
land being considered showing their approval
of the proposed conditional use.
b. In all districts other than the residential
districts the above mentioned 75% petition
shall not be required".
Section 5. That Section 11-2-418 B. 15 is hereby amended by
the addition of the following:
"The Application shall include one copy of the
subdivision covenants or restrictions or any deed
restrictions, and a statement by the Applicant that
the proposed use does not violate those covenants
or restrictions".
Section 6. That Section 11-2-418 B. is hereby amended by the
addition thereto of three new subsections to be numbered 16, 17,
and 18 which shall read as follows:
"16. A statement that the Applicant or the user of the
property agrees to pay any additional sewer, water or
trash fees or charges, if any, associated with the
use, whether that use be residential, commercial or
industrial".
"17. The Applicant shall be verified by the Applicant
which shall state that he has read the contents thereof
and verifies that the information contained therein
is true and correct".
No conditional use shall be granted if it violates any
applicable subdivison or deed convenant or
restriction".
Section 7. That Section 11-2-409, Zoning Schedule of Use
Control, is hereby amended and shall as follows in Exhibit "A"
which is attached hereto and incorporated herein as if set forth
in full.
Section 8. EFFECTIVE DATE: These Ordinances shall be in full
force and effect from and after its passage, approval and
publication according to law.
PASSED AND APPROVED this lU 7 �1
1988. daY
_ATTEST:
JACK
CITY CLERK
AMBROSE,
FITZGERALD
8 CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 888-4481
CITY OF MERIDIAN
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