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01-919 City Code Zoning Regulations Cond.CITY OF MERIDIAN ORDINANCE NO. ~)/'- Revised C/C 6/27/01 AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING SECTION 2 DEFINITIONS OF CHAPTER 2 OF TITLE 11 PROVIDING FOR ADDITIONAL DEFINITIONS, DELETION OF DEFINITIONS AND REVISING DEFINTIONS, AND AMENDING SUBSECTION E.3. OF SECTION 3 OF CHAPTER 3 TITLE 11 TO ADD ADDITIONAL LANGUAGE AND DELETE LANGUAGE; AND AMENDING SECTION 3 OF CHAPTER 4 OF TITLE TO DELETE LANGUAGE AND ADD A NEW SUBPARAGRAPH C.; AND AMENDING SECTION 2 OF CHAPTER 7 OF TITLE 11 TO ADD LANGUAGE AND DELETE LANGUAGE; AND AMENDING SUBSECTION B.7. OF SECTION 5 OF CHAPTER 13 OF TITLE 1 1 TO ADD LANGUAGE AND DELETE L/kNGUAGE; AND AMENDING SECTION 1 OF CHAPTER 8 OF TITLE 11 OF THE ZONING SCHEDULE OF USE CONTROL TO ADD DEFINITIONS AND DELETE DEFINITIONS; AND REPEALING CHAPTER 17 OF TITLE 1 1 "CONDITIONAL USES" ZONING REGULATIONS AND CHAPTER 6 OF TITLE 12 "PLANNED DEVELOPMENT" SUBDIVISION AND DEVELOPMENT OF THE MERIDIAN CITY CODE; PROVIDING FOR CONFLICTS TO BE REPEALED, RESCINDED AND ANNULLED; PROVIDING VALIDITY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION I: That Section 2 of Chapter 2 of Title 11 Definitions, be, and the same is hereby amended by adding additional definitions, deletion of definitions and revising definitions, and tire same shall read as follows: ACCESSORY USE OK A use or structure on the same lot witir, and of a STRUCTURE: 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". ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE 11AND CHAPTER 6 OF TITLE 12 ADMINISTRATOR: A designated member of the City staff who is appointed by the Mayor, and confirmed by the Council, to administer this Title. AESTHETIC: Those qualities Of a development or natural feature which contribute to a pleasant environment. AGRICULTURE: The use of land for farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, animal and poultry husbandry and the necessary accessory uses for packing, treating or storing the produce, provided, however, that: The operation of any such accessory uses shall be secondary to that of normal agricultural activities; and The above uses shall not include the feeding or sheltering of animals or poultry in penned enclosures within one hundred feet (100') of any residential zoning district. Agriculture does not include the operation or maintenance of a commercial stockyard or feed yard where large numbers of livestock are fed concentrated feeds, particularly for the purpose of fattening for market. ALLEY: A public or private way with an improved driving surface of not less than sixteen feet (16') nor more than twenty feet (20') wide and with a platted width not wider than necessary to accommodate said driving surface, drainage, utilities, fencing and appurtenant facilities, affording only secondary means of access to abutting property at the back or side of a property. ALLOWED USES: Same as "permitted use". AMENITY: Attractive, pleasant or agreeable qualities associated with the design of a development or buildings and equipment. APARTMENT: A room or suite of rooms in a multiple-family structure which is arranged, designed or used as a single housekeeping unit and has complete and permanently installed Mtchen and bathroom facilities. ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 2 APARTMENT HOUSE: APPLICANT: APPLICATION: ARCHITECT: AREA REQUIREMENT: Any building, or portion thereof, which is designed, 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. 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. This Title 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 Title. Any person initiating an application for subdividing or development of land for the building or modification of any improvement on land. Applicant also includes any person submitting a request for rezone, conditional use, accessory use, annexation, or request to be allowed to malce any application authorized under this Title. 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 compliance, certificates of occupancy and annexation. A person who is qualified by reason of his knowledge of mathematics, the arts, the physical sciences and the principals of architecture acquired by professional education and experience, to engage in the practice of architecture, Idaho Code section 54-301. The designation given to the specific requirements set forth in a zone or district by the Zoning Ordinance text. Area requirements refer to the numberical standards established for a lot and building coverage in a particular district. ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 3 AREAWIDE WASTE TREATMENT MANAGEMENT PLAN (208 PLAN): AUTOMOBLE WRECFdNG YARD: AUTOMOTIVE REPAIR: BABYSITTING: BASEMENT: BLOCK: BOARDING OR LODGING Section 208 of 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. Premises on which two (2) or more currently nonlicensed motor vehicles or two (2) or more Motor vehicles not in operating condition are standing more than thirty (30) days and are dismantled or stored. "Motor vehicles" includes also mobile homes, trailers or trucl<s. Fully enclosed buildings are exempt from this definition. The repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting and steam cleaning of vehicles. The act of caring for children for consideration while the parents or usual guardians are absent. If it is performed in the child's 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 babysitter's home for children who are not all brothers and sisters, this definition of babysitting shall be restricted to three (3) children not any of which are related as brothers or sisters. Babysitting is further defined as being performed on a sporadic basis and not on an every weekday basis. It is not to be confused with daycare or the definition of a childcare facility. A portion of a building all or partly underground but having at least one-half (1/2) of its height below the average level of the adjoining ground. A group of lots, tracts or parcels within well-defined boundaries, usually streets. A building (other than a hotel, motel or restaurant) ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 4 HOUSE: BUFFER STRIP OR ZONE: BUILDING: BUILDING, ACCESSORY: BUILDING, EXISTING: BUILDING, HEIGHT: BUILDING, NONCONFORMING: BUILDING, PRINCIPAL: BUILDING SETBACK LINE: where meals and/or lodging are provided for compensation to three (3) or more persons who are not members of the householder's family. 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 utilization of land to provide screening from that of the less intensive. Any structure securely Rxed to the land, and which is designed or intended for the shelter, enclosure or protection of persons, animals, chattels or property of any ldnd. 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 11-20-1 of this Title.) A building erected prior to the effective date of this Title or one for which a legal building permit has been issued as of the effective date of this Title's initial adoption on April 2, 1984. 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 fiat roofs, to the deck line of mansard roofs, and the top of building walls for gable, hip and gambrel roofs. Any building which does not conform to the requirements of this Title. 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 illustration, see Section 11-20-1 of this Title.) An imaginary line established by this Title that requires all buildings to be set back from lot lines. (For illustration, see Section 11-20-1 of this Title.) ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 5 BUILDING SITE: BULK: An area proposed or provided and improved by grading, filling, excavation or other means for erecting pads for buildings. A term used to describe the size and relationships of buildings and other structures, spaces, streets and parldng and overall land area. CARPORT: CEMETERY: CERTIFICATE OF OCCUPANCY: CHILD CARE FACILITY: A covered shelter for no more than three (3) automobiles open on two (2) or more sides. Land used or intended to be used for the burial of the human or animal dead and dedicated for 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. 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 capable of being carried out in accordance with the terms of this Tide. A structure cannot be occupied until a certificate of occupancy and license have been issued. Any home, structure, or place where nonmedical care, protection, or supendsion 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 (3) types of childcare facilities: A. Family Childcare Home: A childcare facility which provides care for five (5) or fewer children throughout the day. B. Group Childcare Home: A childcare facility which provides care for six (6) to twelve (12) children throughout the day. ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 6 C. Childcare Center: A childcare facility which provides care for more than twelve (12) children throughout the day. It should be noted that in determining the type of childcare 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. CITY: The City of Meridian which has jurisdiction over the land under consideration in this Title. CLINIC (MEDICAL, DENTAL, OPTICAL): A building (other than a hospital) used by one or more health care practitioners for the purpose of care, diagnosis or treatment of sick, ailing, infirm, or iniured patients, or 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 nonprofit 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 association, the principal activity of which is to render a service usually and ordinarily carried on as a business. CLUSTER DEVELOPMENT (INDUSTRIAL AND COMMERCIAL): Units which are concentrated in one area, and served by common parldng roads and utilities. CLUSTER DEVELOPMENT (RESIDENTIAL): Units which are concentrated in one area and surrounded by common open space. COMMERCIAL USE OR BUSINESS: The purchase, sale or other transaction involving the handling or disposition of any article, substance or commodity, or management of office buildings, offices for recreational, entertainment or amusement enterprises, or the maintenance and use of offices by professions and trades rendering services. The purchase, sale or other transactions involving the handling or disposition of any article, substance or conm~odity, or the dispensing of services for livelihood or ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 7 COMMISSION: COMMITTEE OR SPECIAL COMMISSION: profit; ownership or management of office buildings, offices for recreational, entertainment or amusement enterprises or the maintenance and use of offices by professions and trades rendering services is included in this definition. The Planning and Zoning Commission which is appointed by the Mayor and confirmed by the Council. A group of citizens as appointed by the Mayor of the City of Meridian and confirmed by the Council, or appointed by the Planning and Zoning Commission 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): COMPREHENSIVE PLAN: CONDITIONAL USE: A shopping center the size of which generally falls between neighborhood and regional shopping centers. Generally one hundred thousand to four hundred thousand (100,000 to 400,000) square feet of gross floor space on a site of eight to thirty (8 to 30) acres. The Comprehensive Plan which has been officially adopted by the City of Meridian, Idaho.~ Same as "special use". A utilization of land having characteristics such that it may be allowed in a particular zoning district only after review by the Commission and Council, and granting of approval imposing conditions deemed necessary to make the proposed use compatible with other uses in the area. CONDITIONAL USE PERMIT: ~o,, ...........ame as s ecia use ermit ~-~ or ........v ..... j Pe~it issued to allow a conditional use. Title in a zoning dlatNct. 1 See Appendix to this Code. ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 8 CONDOMINIUM: A system of individual fee ownership of units in a multi-unit structure which is usually combined with ioint ownership of common areas of the structure and land. CONTIGUOUS: Two (2) 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 machinew used for any of the above listed activities. CONVALESCENT OR NURSING HOME, REST HOME: CONVENIENCE CENTERS: CONVENIENCE STORE: COUNCIL: COURT: Any home, place or institution which operates or maintains facilities providing convalescent, 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. A commercial development offering goods at retail and personal services to a limited area in population. 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. The elected, legislative and governing body of the City of Meridian, Idaho. A space which is open and unobstructed to the sky, on a lot, and bounded on three (3) or more sides by building walls or fences. COVENANT: A written promise or plan. CULVERT: driveway. ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE i 1 AND CHAPTER 6 OF TITLE 12 A drain that channels water under a bridge, street, road or 9 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 processing facility or feeding area where animals are kept, raised or fed in a restricted area. DEDICATION: DEGRADATION: 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. To scale-down the desirability or stability of an area's physical environment. DENSITY: DEVELOPED AREA: DEVELOPMENT PLAN (PRELIMINARY AND FINAL DEVELOPMENT PLANS): DISTRICT OR ZONE: A unit of measurement which specifies the number of dwelling units per acre of land. A. Gross Density: The number of dwelling units per acre of total land to be developed, including public right-of-way. B. 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. 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. All plats, plans and/or submissions by a subdivider or developer in whole or in part describing a development and considered by the Conm~ission and Council. A portion of the City of Meridian within which certain uniform regulations and requirements or various combinations thereof apply under provisions of this Title. The letter "R" shall represent the residential districts, with the number following the letter "R" representing the maximum allowable dwelling units per acre. The letter "C" shall represent the commercial districts. The letter "I" shall represent the ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 10 industrial district. The letters "LO" shall represent the limited office district. DOMESTIC LIVESTOCK: DOWN-ZONING: DRIVE-IN ESTABLISHMENT: Cattle, dairy animals, sheep, goats and other grazing animals as would be found on a normal farm livestock operation. 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 use; for example, an adjustment from commercial to residential land use. An establishment (other than a service station or truck stop) which is designed to accommodate the motor vehicles and patrons in such manner as to permit the occupants of such vehicles, while remaining 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, MULTI-FAMILY: A dwelling consisting of four (4) or more attached dwelling units. DWELLING, SINGLE- FAMILY: DWELLING, THREE-FAMILY (TRIPLEX): DWELLING, TWO-FAMILY (DUPLEX): DWELLING UNIT: EASEMENT: A dwelling consisting of a single dwelling unit only, separated from other dwelling units by open space. A dwelling consisting of three (3) attached dwelling units. A dwelling designed to be used by two (2) families consisting of two (2) dwelling units which may be either attached side by side or one above the other. Any building or portion thereof which meets adopted building codes and is used as a residence or living quarters of one or more persons. A permanent or temporary limited right of use of land for specific purposes. ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 I1 ENGINEER AND PROFESSIONAL ENGINEER: ENTERTAINMENT FACILITIES (COMMERCIAL): EXCLUSIVE ZONING: FAMILY: FENCE: FENCE, OPEN: FLOODPLAIN: 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. See Idaho Code section 54-1202(a) and (b). Any structure housing any "for profit" activity, which is generally related to the entertainment field, such as motion picture theaters, taverns, nightclubs, cocktail lounges, bowling alleys, and similar entertainment activities. This is a term applied to a district on the Zoning Map in which only one type of land use is permitted. There may be several variations of the type of land use, but only one 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. With the exception of conditional uses, all other uses such as residential and commercial will be prohibited. A person living alone or two (2) or more persons living together as a single housekeeping unit in a dwelling unit as distinguished from a group occupying a boarding house, lodging house, motel or hotel. An enclosure; especially, an enclosing barrier, as one to prevent straying from within or intrusion into. A fence that does not restrict or impede vision or sight through the fence by more than twenty percent (20%). 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 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. ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE I 1 AND CHAPTER 6 OF TITLE 12 12 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 restrooms and laboratory or work rooms. However, that floor space within the building reserved for parldng or loading of vehicles and basement space used only for building maintenance and utilities shall be excluded. 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. To shine with a harsh, uncomfortably bright light. GOVERNING BODY: The Meridian City Council. 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 the 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 commmzity. A hardship can exist only when it is not self-created. HEALTH AUTHORITY: Central District Health Department or Idaho State Health and Welfare Department. HIGHWAY: The entire width between the boundary lines of every way publicly maintained when any part is open to the use of the public for vehicular traffic, with jurisdiction extending to the ZONING REGULATIONS "CONDITIONAL USES" AND 13 SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 HOME OCCUPATIONS, URBAN AND RURAL: HOSPITAL: HOTEL: IMPACT AREA: IMPROVEMENT: INDUSTRIAL: adjacent property line, including sidewalks, shoulders, berms and rights of way not intended for motorized traffic. The term "street" is interchangeable with highway. 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 secondary to the use of the structure for dwelling purposes. 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. 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. That area duly negotiated and adopted pursuant to Idaho Code section 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. Any alteration to the land or other physical constructions associated with building site developments. The manufacture, processing and testing of goods and rnateriais, 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. ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 14 INSTITUTION: JUNICYARD: KENNEL: LAND USE: Building and land designed to aid individuals in need of mental, therapeutic, rehabilitative counseling or other correctional services. An outdoor space where waste, discarded, or salvaged materials are bought, sold, exchanged, baled, packed, disassembled, stored or handled. Junkyard also includes house wrecking and structural 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. Any lot or premises on which three (3) or more dogs and/or cats and other household domestic animals more than slx (6) months of age are housed, groomed, bred, boarded, trained, sold or cared for. A term used to indicate the utilization of any piece of 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: LOADING AND UNLOADING SPACE, OFF-STREET: LOT: The Meridian Comprehensive Plan. 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 or trailers. 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 required. A lot shall have frontage on an approved public street or an approved private street and may consist of: a) a single lot; b) a portion of a lot; and c) a combination of complete lots, or of portions of lots. ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 15 LOT AREA: LOT, CORNER: The area of any lot shall be determined exclusive of streets, highways, alleys, roads, rights of ways, irrigation easements and land which is used for the conveyance of irrigation water, drainage water, creek or river flows. 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 (135°). The point of intersection of the street lines is the "corner". LOT COVERAGE: The area of a zoning lot which is occupied by the principal building, buildings or accessory buildings and the horizontally projected area of the lot. The ratio is expressed as a percentage. LOT, DEPTH: The mean horizontal distance between the front and the rear lot lines. Where the lot is irregular and the lot lines converge, the rear lot line shall be deemed to be a line at a point where the side lot lines are not less than ten feet (10') apart. (For illustration, see Section 11-20-1 of this Title.) LOT, DOUBLE FRONTAGE: A lot with frontage on two (2) streets. LOT, FLAG LOT: A lot in the shape of a flag on a pole or similar design. A flag lot shall have a minimum frontage of thirty feet (30') on a public street and structure placed on a flag lot shall have the house facing the street frontage. LOT, FRONTAGE: The distance across the lot along the street right-of- way line. LOT, INTERIOR: A lot with only one frontage on a street. 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 street or ZONING REGULATIONS "CONDITIONAL USES" AND 16 SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 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 LINES: LOT OF RECORD: LOT, THROUGH: MAJOR SUBDIVISION: MANUFACTURED BUILDINGS: MANUFACTURING, EXTRACTIVE: Property lines bounding the lot. 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. A lot other than a comer lot having frontage on two (2) parallel or approximately parallel streets. On a through lot, both street lines shall be deemed front lot lines. All subdivisions not able to qualify as a minor subdivision. (defined below.) 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 Code2 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. Any mining, quarrying, excavating, processing, storing, separating, cleaning or marketing of any mineral natural resource. MANUFACTURING, HEAVY: Manufacturing, processing, assembling, storing, testing and similar industrial uses which are generally major operations 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. 2 See Title 10, Chapter 1 of this Code. ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE 1 ! AND CHAPTER 6 OF TITLE 12 17 MANUFACTURING, LIGHT: Ir~dustrial uses which are usually controlled operations, relatively clean, quiet and free of objectionable or hazardous elements such as smoke, noise, odor or dust; which operates and stores within enclosed structures, and which generate little industrial traffic and no nuisances. MARQUEE: A permanent roofed structure attached to and supported by the building and projecting over public property. MEAT 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. MINOR SUBDIVISION: Any subdivision containing not more than four (4) lots fronting 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: A structure transportable in one 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 (HUD). 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. 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 section 50-1303. MOTEL: A building, or group of buildings on the same premises (whether detached or in connected rows), containing sleeping ZONING REGULATIONS "CONDITIONAL USES" AND 18 SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 MOTOR VEHICLE REPAIR, MAJOR: MOTOR VEHICLE REPAIR, MINOR: MUNICIPAL WASTEWATER COLLECTION AND TREATMENT SYSTEM: NEIGHBORHOOD CONVENIENCE CENTER (COMMERCIAL): NONCONFORMING USE: 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. Engine rebuilding or major reconditioning of worn or damaged motor vehicles, or trailers, collision service, including body, frame or fender straightening or repair, and overall painting of vehicles within an enclosed building. Incidental repairs, replacement of parts and motor service to motor vehides, but not including any operation under "Motor Vehicle Repair, Major". Meridian City facilities for the central collection 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. A shopping center having approximately thirty thousand to two hundred thousand (30,000 to 200,000) square feet of gross floor space and on a site of approximately four to eight (4 to 8) acres of land. It would provide for the sale of convenience goods (food, drugs and sundries) and personal neighborhood services for the day-to-day living of the immediate neighborhood within which it is located. The use of land or a use of a structure or building which is not in conformance with the conditions or requirements of this Title. 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. ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 19 OPEN SPACE: OPEN SPACE (COMMON): OPEN SPACE (PUBLIC): ORIGINAL PARCEL OF LAND: OWNER: OWNERSHIP: PARI(ING AREA OR LOT (PRIVATE): PARIrdNG AREA OR LOT (PUBLIC): 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. 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. 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. A lot or tract as recorded on any plat of record on file in the office of the County Recorder or any unplatted contiguous parcel of land held in one ownership and of record at the effective date of this Title, April 2, 1984. The person or entity having the ownership of record in the property. The individual, firm, association, syndicate, partnership or corporation who has title of property. 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. 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 or commercial ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 20 vehicles and available to the public whether for compensation, free or as an accommodation to clients or customers. PARYGNG SPACE, OFF-STREET: For the purpose of this Title, an off-street parldng space shall consist of an area adequate for parking an automobile with dimensions conforming to the requirements of this Tide. PARKS, PUBLIC AND PRIVATE: Any area that is predominately open space, used principally for active or passive recreation, and not used for a profit-making purpose. 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 rise 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 talce place in a zoning district as a use by right, subject only to the ZONING REGULATIONS "CONDITIONAL USES" AND 21 SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 standards established for the particular district and to any d~stnct ~,2 .......... applicable overlay ' ' ~_.. ~;~; ....... r~...u *.-..*.:~ ~r;.,~ is for ....... :~' ......... PLANNED DEVELOPMENT (PD): A type of conditional use in which a parcel of land is planned and developed as a unit or single entity, under single ownership or control, containing one or more uses, buildings, common open space and/ or recreation facilities ^ ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 22 POULTRY SLAUGHTERHOUSE AND/OR POULTRY PACICdNG PLANT (COMMERCIAL): PROFESSIONAL OFFICES: PUBLIC NOTICES: PUBLIC SERVICE FACILITY: PUBLIC USES: PUBLIC UTILITY: QUASI-PUBLIC USE: Ail 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. Structures where those engaged in a profession conduct their business and activity. 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 application 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. 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 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. 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. Churches, Sunday schools, parochial schools, hospitals, convalescent or retirement homes, colleges and other facilities ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 23 of an educational, religious, charitable, philanthropic or nonprofit nature. REGIONAL SHOPPING CENTER (COMMERCIAL): The largest of shopping centers which is all-inclusive and self-sufficient with at least two (2) large department stores as the major tenants and generally serves a population of approx/mately one hundred fifty thousand (150,000) or more. It is a center having over seven hundred fifty thousand (750,000) square feet of gross floor space and located on a site greater than seventy five (75) acres. 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, transportation, 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. 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. 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 ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 24 patients) and as licensed by the Idaho State Department of Health as sanitariums. SCHOOL (IrdNDERGARTEN, ELEMENTARY, INTERMEDIATE OR HIGH): An institution 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 definition of Buffer Strip or Zone. SEAT: The place at, or the thing onl which one sits. For purposes of determining the number of off-street parldng 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 pans, painting, welding, storage of automobiles not in operating condition, or other work involving noise, glare, fnmes or smoke. SETBACK LINE: A line established by this Title, generally parallel with and measured from the lot line, defining the limits of a yard in which no building may be located above ground except as may be provided in this Tide. (See Section 11-20-1 of this Tide.) SIDEWALK: That portion of the road right of way outside the roadway which is improved for the use of pedestrian traffic. SIGN: 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 shah display or include any letter, word, model, banner, flag, pennant, insignia device or representation used as, or which is in the nature of ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE i 1 AND CHAPTER 6 OF TITLE 12 25 an announcement, direction or advertisement. For the purpose of this definition, the word "sign" does not include the flag, pennant or insignia of any nation, state, city or other political unit or any political, educational, charitable, philanthropic, civic, professional, religious or like campaign, drive, movement or event. 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. SIGN, 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. SITE PLANNING: The location of buildings and activities within a physical environment. A site plan includes shapes and location of buildings and structures, circulation and parldng layouts, landscaping features and numerous other design factors that relate to the improvement of a parcel of land. SLAUGHTERHOUSE AND MEAT PACKING (COMMERCIAL): A fadlity which includes a slaughtering, meat canning, curing, smoldng, salting, pacldng, 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 products are maintained. SPECIAL USE: Same as "conditional use". STABLE, PRIVATE: A detached accessory structure for the keeping of one 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 spedfications as specified in this Title and as officially adopted by the City. STATE: The State of Idaho. ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 26 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 induded 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 feet (6') above grade (as defined herein) for more than fifty percent (50%) of the total perimeter or is more than twelve feet (12') 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, 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. 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. STREET, RURAL SYSTEM: A~ Principal Arterial: A connected rural network of continuous routes which serves corridor movements having trip length and travel density characteristics indicative of substantial statewide or interstate travel. B. Minor Arterial: In conjunction with the principal arterial system, the minor arterial road system forms a rural ZONING REGULATIONS "CONDITIONAL USES" AND 27 SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 network. Major characteristics of the system are to link dries, larger towns and provide inter-county seveice. These routes are designed to provide for relatively high overall travel speeds, with minimum interference to through movement. C. Major Collector Road: That which provides service to any county seat not on an arterial route and linlcs these places with nearby larger towns or cities or with routes of higher classification. Major collectors serve the more important intra-county travel corridors. D. Minor Collector Road: 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 commtmities. E. Local Road: 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, URBAN SYSTEM: A. Principal Arterial: Shotfld 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. B. Minor Arterial: That which interconnects with, and augments, the urban principal arterial system and which provides service to trips of moderate length at a somewhat tower level of travel mobility than major arterials. Minor arterials place more emphasis on land access than the higher, principal arterial system. C. Collector Street: That which provides both land access, service and traffic circulation within residential ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 28 STRIP, COMMERCIAL AND INDUSTRIAL: STRIP ZONING: STRUCTURAL ALTERATION: neighborhoods, commercial and industrial areas. Collectors also collect traffic from local streets in residential neighborhoods and channel it into the arterial system. D. Local Street: 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 end only and provided with a turnaround space at its terminus); "partial street" (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's office as a perpetual easement to the property owners taldng access therefrom or the ownership of which is vested in the property owners talcing access therefrom). All private street access must be approved by the Council. Another local street which is urilized 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. A development pattern characterized by lots in a continuous manner fronting on streets and numerous access points to the street. resulting in 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. Any change in the structural members of a building such as walls, columns, beams or girders. ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE 11 AND CHAlYFER 6 OF TITLE I2 29 STRUCTURE: Anything constructed or .erected in which the use requires permanent location on 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 be deemed a structure. Public utility power poles shall not be deemed a structure. SUBDIVIDER OR DEVELOPER: The person who executes an application or initiates proceedings for the subdivision of land in accordance with the provisions of this Title. He need not be the owner of the property; however, he shall be an agent of the owner or have sufficient 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 original lot, tract or parcel of land into two (2) or more parts. The term "subdivision" shall also include the dedication of a public street and the addition to, or creation of, a cemetery. However, this Title shall not apply to any of the following: A. An allocation of land in the settlement of an estate of a decedent or a court decree for the distribution of property; B. The unwilling sale of land as a result of "legal condemnation" as defined and allowed in the Idaho Code; C. The widening of existing streets to conform to the Meridian Comprehensive Plan; D. The acquisition of street rights of way by a public agency in conformance with the Meridian Comprehensive Plan; and E. 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. ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE I 1 AND CHAPTER 6 OF TITLE 12 30 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. See Idaho Code section 54-1202(f). 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 structure 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 indicates the number of automobile, bus, pedestrian or bicyde 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 sercice station or commercial enterprise using the premises primarily to sell and supply motor fuel, lubricating oils and greases to on-premises trade including large trucks as well as automobiles and including the sale of fires, 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. ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 31 UNDEVELOPED AREA: URBAN SERVICES: URBAN SPRAWL: USE: VARIANCE: VEHICLE: VESTED RIGHTS: That portion of a development which is left unimproved or a parcel of land which is unimproved. According to this Title, 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. Scattered development which is not contiguous to the urbanized part of a municipality. Sprawl is characterized by significant amounts of vacant land intermixed with parcels of urban development 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. The specific purposes for which land or a building is designated, arranged, intended or for which it is or may be occupied, maintained, let or leased. A variance is a modification of the requirements of this Title as to lot size, lot coverage, width, depth, front yard, side yard, rear yard, setbacks, parking space, height of buildings or other provisions of this Title. 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. 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 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 ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 32 VETERINARY, ANIMAL HOSPITAL OR CLINIC: VICINITY MAP: WALKWAY: WET LINE SEWER: individual cannot be klenied rights that may have existed to him. 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. 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. A punic way for pedestrian use only, whether or not along the side of the road. Sewer lines which are co~mected to a Municipal wastewater treatment facility as per City specifications. A required open space, other than a court, unoccupied and unobstructed by a structure or portion of a structure from three feet (3') above the general ground level of the graded lot upward; provided, that accessories, ornaments and furniture may be permitted in any yard and subject to height limitations and requirements limiting obstruction of visibility. (For illustration, see Section 11-20-1 of this Title.) A. From 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. B. 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. C. Interior Side Yard: A yard extending from the principal building to the side lot line on both sides of the principal ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 33 ZERO LOT LINE: ZONING MAP: building between the lines establishing the front and rear yards. D. 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. E. Court Yard: See definition of Court. F. 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. 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. The graphic depiction of the zones or districts within the City limits of Meridian. The Map includes: A. gm indication of the boundaries of each of the districts; ZONING PERMIT: 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. A document issued by the Administrator authorizing the uses of land and structures, and the characteristics of the uses. ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 34 ZONING POLICY: The policy as adopted by the governing body of the City of Meridian and which is the underlying, fundamental basis for this Title; that is, the Zoning and Development Ordinance of the City of Meridian. (Ord. 430, 4-2-1984; amd. Ord. 456, 9- 3-1985; Ord. 496, 9-6-1988; Ord. 557, 10-1-1991; Ord. 592, 11-17-1992; 1999 Code) SECTION 2. That Section 3 Subsection E. 3. of Chapter 3 of Title 11, Planning and Zoning Commission, be, and the same is hereby amended by adding additional language and deleting language, and the same shall read as follows: 11-3-3-E.3. Review all applications for subdivisions: and planned developments (PD,.~.~...~...-~ ~ .......... .-..--.~,:~ -er ........... zomng wee ........... annexauon ape .......... and conditional use~, and make recommendations to the Council. (Ord. 430, 4-2-1984) SECTION 3. That Section 3 of Chapter 4 of Title 11, Use And Bulk Regulations, be, and the same is hereby amended by adding additional language and adding a new subsection C, and the same shall read as follows: I1-4-3 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. ExccFtions to 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 Title by variance. (Ord. 592, 11-17-1992) Exceptions in Planned Development: Planned Developments may be approved with different uses and bulk standards than those specified for the zoning district, in compliance with the Planned Development sections of this Title. SECTION 4. That Section 2 of Chapter 7 of Title I 1, Zoning Districts, be, and the same is hereby amended by adding additional language and deleting language, and the same shall read as follows: ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 35 R-2 Rural Low Densi.ty Residential District: The purpose of the R-2 District is to permit the establishment of rural low density single-family dwellings, and to delineate those areas where predominantly rural residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of rural residential areas by prohibiting the intrusion of incompatible nonresidential uses. The R-2 District allows for a maximum of two (2) dwelling units per acre and requires connection to the Municipal water and sewer systems of the City. R-3 Rural Medium Density Residential District: The purpose of the R-3 District is to permit the establishment of rural medium density single-family dwellings, and to delineate those areas where predominantly medium density rural residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of medium density rural residential areas by prohibiting the intrusion of incompatible nonresidential uses. The R-3 District allows for a maximum of three (3) dwelling units per acre and requires connection to the Municipal water and sewer systems of the City. R-4 Low Density Residential District: Only single-family dwellings, public schools, and public and private parks shall be permitted and no conditional uses shall be permitted except for planned rcsldcntla! developments and public schc. c.1z. The purpose of the R-4 District is to permit the establishment of low density single- family dwellings, and to delineate those areas where predominantly 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 nonresidential uses. The R-4 District allows for a maximum of four (4) dwelling units per acre and requires connection to the M~municipal water and sewer systems of the City of Meridian. Ro8 Medium Density Residential District: The purpose of the Ro8 District is to permit the establishment of single- and two-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-family dwellings in well-established neighborhoods of comparable land use. Connection to the Mtmicipal water and sewer systems of the City is required. R-15 Medium High Density Residential District: The purpose of the R-15 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 ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 36 acre. All such districts must have direct access to a transportation 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. The predominant housing types in this District will be patio homes, zero lot line single-family dwellings, townhouses, apartment buildings and condominiums. R-40 High Density Kesidential 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. Connection to the Municipal water and sewer systems of the City is required. 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 nonresidential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal water and sewer system of the City is a requirement in this District. C-N Neighborhood Business District: The purpose of the C-N District is to permit the establishment 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 adioining residential districts. All such districts shall give direct access to transportation arterial or collectors, be connected to the Municipal water and sewer systems of the City, and shall not constitute all or any part of a strip development concept. C-C Community Business District: The purpose of the C-C District is to permit the establishment of general business uses that are of a larger scale than a neighborhood business, and to encourage the development of modem 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 cmmected to the Municipal water and sewer systems of the City. ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 37 RSC Regional Shopping Center Business District: The purpose of the RSC District is to provide for and permit the establishment of general and retail business uses that are intended to, and will serve, the entire region of the Treasure Valley; to permit business uses that would be of a larger scale than in the Community Business District; to permit the development of a regional shopping center or mall with adequate off-street parldng facilities and associated site amenities to serve customers and employees; to prohibit strip commercial development and encourage the clustering of regional commercial enterprises. All such districts shall be located in close proximity to major highway or principal arterial streets. All such districts shall be connected to the Municipal water and sewer systems of the City. C-G General Retail And Service Commercial District: 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, and shall not constitute strip commercial development and encourage clustering of commercial development. 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. 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. 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 establishments which are clean, quiet and free of hazardous materials and that are operated entirely or almost enrirely within enclosed structures; to delineate an area of adequate size to accommodate present and ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 38 future compatible needs on lands which at.e 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 transportation arterials or collectors, designed to convey large volumes of traffic through nonresidential areas to major highways and thoroughfares. It must also be in such proximity to ensure connection to the Municipal water and sewer systems of the City for domestic requirements. The District is further 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 conununity and the region. I-L Light Industrial District: The purpose of the I-L Light Industrial 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 industrial development because of location, topography, existing facilities and relationship to other land uses. This District must also be in such proximity to ensure connection to the Municipal water and sewer systems of the City. Uses incompatible with light industry are not permitted, and strip development is prohibited. M Mineral Extracting And Processing District: The purpose of the M District is to delineate those areas with lmown mineral resources and to set aside such land for the extraction, processing and storage of mineral resources. This District is designed to assure that the intrusion on noncompatible 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. Mineral 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. 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 ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 39 through flooding. Uses permitted in this District are generally associated with open space, recreational and agricultural land uses and shall not hinder the movement of the flood waters. (The FP District is superimposed over the other districts.) MUR Mixed 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. These areas shall be developed aq planned developments ......~ tnr~ r~x must be approved as - s ....... ~ .~ .~t, and a conditional use. R. FTZ Foreign Trade Zone: The purpose of the Foreign Trade Zone is to permit the establishment of an area that is, or will be, in the Foreign Trade Zone as granted by the Foreign Trade Zones Board to the City. Land in this District may include areas, because of their unique location or nearness to the Foreign Trade Zone and potential to be integrated into the Foreign Trade Zone, need to be limited in the uses to which they may be put. Uses in this Zone must be approved under the design review process. S. S-FTZ Sub-Foreign Trade Zone: The purpose of the Sub-Foreign Trade Zone is to permit the establishment of an area or areas that are not in the Foreign Trade Zone as granted by the Foreign Trade Zones Board to the City but are areas, the uses of which have, or may have, an adverse impact on the Foreign Trade Zone or the uses contained therein. Land in this District may include areas located adjacent or near the Foreign Trade Zone and the uses need to be limited so as not to cause, or potentially cause, adverse impact on the Foreign Trade Zone or the uses contained therein. Uses in this Zone must be approved under the conditional use process. (Ord. 592, 11-17-I992) SECTION 5. That Section 5. Subsection B. 7. of Chapter 13 of Title 11, Schedule of ParMng Space Requirements, Mixed Uses, be, and the same is hereby amended by adding additional language and ddeting language, and the same shall read as follows: 1 1-13-5.B.7. Mixed Uses: When 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 1 ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 40 use unless otherwise authorized by variance or as part of a Planned Development approval a~ SECTION 6. That Section 1 of Chapter 8 of Title 11, Zoning Schedule Of Use Control, Land Uses, of which is attached hereto as Exhibit "A", be, and the same is hereby amended by adding additional language and deleting language, and the same shall read as follows: 1 1-8-1: ZONING SCHEDULE OF USE CONTROL: LAND USES LAND USES DISTRICTS A. RESIDENTIAL R-4 R-8 R-15 R-40 L-O C.N C.C RSC C-G OT TE I M Apartment houses C C C Boarding or lodging houses C C C Childcare centers C C C C C C C Family childcare home P-A P-A C C C C C C Group childcare home C C C C C C C Home occupations P-A P-A C C Libraries C C C Mobile home parks and subdivisions C C C Multi-family dwellings p P C Parks, Public and Private P P P P Planned unit development C C C C ~ C C C C .... ,nr~x C C C C Single-family dwelling P P P P Three-family dwelling C P P Two-family dwelling duplex P P P B. COMMERCIAL K-4 Accounting services Administrative services Adult Entertainment Businesses Automobile repair shop Automobile service stations Automobile washing facilities Bakery stores Banks and other financial establishments Bars, alcoholic establishments Broadcasting, radio and TV Bus and rail stations Cemeteries Childcare center Churches K-8 R-15 C C C C P-A C P-A P C C C C C C P C R-40 L-O C-N C-C RSC C-G OT C P P P C P C C P P P C P C C C C C P C C P C P C P P C P C TE P P C P C P C C C C C C C C P C C C C C C P C C C C C C C C C C C C C C p P C P ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 M 41 Clinics (medical, dental and optical) Clubs and lodges Construction buildings, temporary Department stores Drive-in theaters, drive-in establishments Dry cleaning Entertainment centers, indoor Entertainment centers, outdoor Family childcare home Garages, public Greenhouses, nurseries Group childcare home Home occupations Hospitals Hotels Laboratories (medical, dental and optical) Laundries, commercial Laundromats, self-service Libraties and museums Mortuaries Motels Nursing homes and sanitariums Nurseries and day care centers Parks Public and Private Planne~ Planr. c~ ccmmcrcia! ~avclcpmcnt Plgnnc~ unit dcva',cpmcnt Ccncra! Professional and sales offices Public parking lots Public and quasi-public uses Public service facilities Publishing and printing facilities (small) Radio and TV Regional shopping center Restaurants Retail stores Retirement homes Research facilities Sales lots (auto, recreational, agricultural, etc.) School - Private, nursery School - Public P Shopping centers, community Shopping centers, neighborhood Shopping centers, regional Storage facilities, indoors Storage facilities, outdoors Service stations C C C C C C C C C C C C C C C C C C C P-A C C C C C C C P-A C C C C C p p P C P C C C C C C C C C C C C P P C C C P C P C C C C C C C C C P C P P C P C C C P C P-A C C C C C C P C P C C C C C C C C C P C P C P C C C P P P P P C C C C C C C C P C C P p p P C P P P p P C p C C C C C C P P P P P C C C C C C C C P P C P C C C C C C C C C C P C P C P C C C C C P C P C C C P C C C C PDR PDR PDR PDR PDR PDR PDR PDR PDR C p P C P C C C C C C C C C C C P C P C C P C P C C P C C C C C C C C C C P C C P P C P C P C P P C P C C C C C C C C C C C C p p P C C C P p C C C C C P C P P C C C P P C C C P C C ZONING REGULATIONS CONDITIONAL USES' AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 P PDR P C P P P P P DR 42 Truck stops Technical school - (with curricula related to the principal uses) Veterinary clinics and hospitals Wholesale facilities (Ord. 557, 104-1991; amd. Ord. 592, 11-i7-1992) C. INDUSTRIAL C C P R-4 R-8 R-15 R-40 L-O C-N C-C P P P C P RSC C-G OT Apparel manufacturing Asphalt and concrete Automobile wrecldng yard and storage Bakery products Bottling and packaging Bulk storage (flammable liquids or gases) Cabinets, doors, toys and other secondary wood products Carpet and dry cleaning Contractors yard Electrical supplies and appliances Electronic equipment and products Equipment - heavy, farm, etc. (sales and repair) Fabricated metal products (except foundry operations) Feed, seed and fertilizer store Film laboratories Fuel yards Industrial research Instruments Junk yard Leather products (except tanning) Lumber yards Machine shop Mobile home manufacturing Motor Vehicle repair Molded plastic products Office machines Photographic equipment Par_3ii~_l~ Public and Private Planned Develo?v_~ P! d ' Pla--~a '*-~+ ~"~F .... Printing and publishing Processing plants Public utility yards Railroad yards and shops Recycling plants Small machinery and component parts Solid waste transfer stations Warehousing and wholesaling C P C C C C C C C C P P P P P TE I M P P P C P P C P P P P P P C P P C P P C C C C C P C P P P C C P P C P C P P P P C C C C C P P C P P P P C C C C C C C C C DR = Design Review P-A; Permitted as Accessory Use P = Permitted Use C = Conditional Use (Ord. 557, 10-1-1991) ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 43 Livestock And Poultry Prohibited; Exception: Within any of the zoning districts of the City, it shall be unlawful to use the land for the keeping or housing of poultry or livestock. All poultry or livestock presently kept or maintained prior to the passage of the Ordinance codified in this subsection shall be allowed to continue until the property that they are kept on or maintained on ceases to be used for such purposes for a period in excess of one year and after that one year, poultry or livestock may not again be able to be kept or maintained on that property; provided, that said property was being legally used to keep or maintain poultry or livestock prior to adoption of the Ordinance codified in this Title; and, provided, however, that property presently or subsequently zoned for the use of meat or poultry processing shall be allowed to keep or maintain poultry or livestock. (Ord. 524, 4-3-1990) SECTION 7: That Chapter 17 of Title 11 "Conditional Uses' Zoning Regulations of the Meridian City Code, be, and the same is hereby repealed. SECTION 8: That a new Chapter 17 of Title 11 "Conditional Uses" Zoning Regulations of the Meridian City Code, be, and the same is hereby enacted to read as follows: CHAPTER 17 CONDITIONAL USES SECTION: I1-17-1: 11-17-2: 1 1-17-3: I1-17-4: 11-17-5: 1 1-17-6: 11-17-7: 11-17-8: 11-17-9: 11-17-10: 11-17-11: 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 Conu-aission Appeal Of Commission Action Action By The Council Appeal Of Council Action Transfers & Modifications Revocation 11-17-1: GENERAL: Conditional uses by definition have characteristics which require that the proposed use be reviewed and evaluated by the Commission and Council as to whether or not the use will be detrimental to other persons, property or uses in the vicinity. The Commission shall hold a public hearing on each conditional use application, and shall recommend approval, denial or modification of the application to the Council. Kecommendarions for approval or modification shall include conditions deemed necessary to insure compatibility of the development with other uses in the vicinity and such additional safeguards as are necessary to uphold the intent of this Ordinance. ZONING REGULATIONS "CONDITIONAL USES" AND 44 SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 1 I-17-2: CONTENTS OF CONDITIONAL USE APPLICATION: An application for a conditional use permit shall be filed with the Zoning Administrator by the owner or representative of the owner of the property for which such conditional use is proposed, using a form provided by the Administrator. A fee as established by the Council shall be paid at the time of filing, as required by Section 11-19-3 of this Ordinance. At a minimum, the application shall contain the following information: A. Name, address, phone and fax numbers, and e-mail address (if available) of the applicant; B. Name, address and phone number of the owner of subject property; C. Legal description of the property; D. Proof of ownership of subject property (warranty deed); Notarized consent from tiffed owner of property. (If owner is a corporation, Articles of Incorporation or other evidence showing the person signing is an authorized representative); F. One (1) copy of a vicinity map (1"=300'); A plan (with a scale of not less than 1"=50') of the site for the conditional use. Twenty- five (25) copies shall be provided with the application. The site plan shall include the following: 1. Building location(s) 2. Parldng and loading areas 3. Traffic access drives 4. Traffic circulation patterns 5. Open/common areas 6. Refuse & service areas 7. Utilities plan (sewer, water, irrigation and storm drainage) 8. Sign location(s) and overall dimensions (sign elevations recommended) 9. Residential lot confignration (applicable to Planned Developments with residential units) H. Landscape Plan per City Ordinance Title 12, Chapter 13 I. Building Elevations of north, south, east and west views on 8 1/2" x 11" sheets ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 45 K. L. M. Construction materials; One (1) 8 1/2" X 11" reduction of the site plan; List of property owners within 300'; A narrative describing the characteristics of the property that make a conditional use desirable and a detailed description of the proposed uses and any existing uses. A fee established by the Council; A signed affidavit that the property will be posted with a hearing sign one (1) week prior to the scheduled public hearings; and The contents of the application shall be verified by the applicant or representative. A statement shall be submitted stating that he/she has read the contents thereof and verifies that the information contained in the application is true and correct. 11-17-3: 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 may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish: A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parldng, landscaping and other features as may be required by this Ordinance; B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; C. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; E. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parlcs, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 46 F. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; G. That the proposed use will not involve activities or 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; H. That the proposed use will have vehicular approaches to the property which shall be so designated as not to create interference with traffic on surrounding public streets; and I. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 11-17-4 SUPPLEMENTARY CONDITIONS AND SAFEGUARDS: A. In approving any conditional use, the Commission and Council shall prescribe appropriate conditions, bonds and safeguards in conformity with this Ordinance. Violations of such conditions, bonds or safeguards, which are a part of the terms under which the conditional use is granted, shall be deemed a violation of the Ordinance and may constitute grounds to revoke the conditional use. B. A conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless othen~ise approved by the Council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant shall spedfy in the application and to the Commission and Council a construction schedule and completion date of the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for City Council review. The application for time extension shall be submitted thirty (30) days prior to the deadline for completion of the project as specified by the applicant. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contignous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval by the Council. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. The applicant may request a time extension thirty (30) days prior to the expiration. ZONING REGULATIONS "CONDITIONAL USES" AND 47 SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 C. The Commission and Council may also prescribe a time period within which the permit shall be completed, perfected or bonded. If the conditions of approval are not completed or bonded within the specified time period, the permit shall lapse. D. If requested in writing prior to expiration, and upon recommendation by the Commission, the Council may grant a one (1) year extension of a Conditional Use Permit for which work has not been commenced. Before recommending such extension, the Commission shall determine whether significant amendments to the Comprehensive Plan or Zoning Ordinance will apply to the conditional use permit. The proiect shall be evaluated by the following criteria: If significant land use changes have occurred in the area which will impact, or be impacted by the project; whether hazardous situations have developed or have been discovered in the project area; and whether community facilities and services appear to no longer be adequate for the project. If any of the foregoing is found to exist with regard to the project for which the extension is sought, the extension shall not be granted and a public hearing shall be required, with a new application and fee submittal in accordance with current plans and ordinances. No more than two (2) one (1) year time extensions may be granted to a single conditional use permit. 11-17-5 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 11-15-5 of this Ordinance. 11-17-6 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 Commission may continue the matter from meeting to meeting if it finds that it does not have sufficient information to malce a decision. The Commission shall recommend that the application be approved with conditions, approved with modifications and conditions or denied. The Commission shall insure that any approval of an application with conditions, shall be in accordance with the Comprehensive Plan, this Ordinance and State Law. 11-I 7-7 APPEAL OF COMMISSION ACTION: See Section 11-15-7, Zoning Amendment Procedures. 11-17-8 ACTION BY THE COUNCIL: A. Hearing- See Section 11-15-5, Zoning Amendment Procedures. B. Upon granting of a conditional use permit, conditions may be attached to the permit, but not limited to, those conditions which: ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 48 1. Minimize adverse impact on other developments; 2. Control the sequence and timing of development; 3. Control the duration of development; 4. Assure that the development is maintained properly; 5. Designate the exact location and nature of the development; 6. Require the provision for on-site or off-site public facilities or services; 7. Require more restrictive standards than those generally required in this Ordinance; and 8. Require mitigation of adverse impacts of the proposed development upon service delivery by any political subdivision, including school districts, which provides services within the planning jurisdiction. C. Prior to granting a conditional use permit, the Council may request studies from the planning or public works 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 a binding precedent to grant other conditional use permits. 11-17-9 APPEAL OF COUNCIL ACTION: For required procedures, Administrative Procedures Act of the State of Idaho, Idaho Code Section 67-5215 b through 11-17-10 TRANSFERS AND MODIFICATIONS: A. With the exception of home occupation and childcare facilities~ conditional use permits, once approved by the Commission and Council, mn with the land, and upon sale of the subject property are transferred to new owner(s) without further application or approval; provided however, the new owner(s) shall be bound by the same time limits and conditions of approval as the original permit holder(s). A conditional use permit is not transferable from one parcel of land to another. B. Conditional use permits for home occupation and/or childcare facilities in any district 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 first class mail to all property owners within three hundred feet (300') of the external boundaries.of the subject land. ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 49 C. Upon written application by the holder of a conditional use permit, and following a hearing and recommendation by the Commission, the Council may modify the conditions, limitations and/or scope of the permit, in accordance with the limitations and requirements of Sectionl 1-17-3 of this Ordinance. The Council may delegate to the Commission and Zoning Administrator authority to consider and approve or deny specified minor modifications, provided such modification was not the subject of appeal during the original public hearing and will not adversely impact adjacent properties. Such minor modifications include but are not limited to the following: 1. Staff Level Review: a. A reduction in density not exceeding twenty-five percent (25%) of the total units. b. Minor relocation of dwelling units or building pads for practical reasons, such as road alignment, topography or access. c. Minor changes to the recreation area or open space design, but not dimination or significant reduction in area. d. Increase in building square footage, not exceeding twenty percent (20%), provided that the parldng and landscaping requirements are met. 2. Commission Review: a. A significant change in the development phasing plan. b. Change in proposed setbacks. 11-I 7-11 REVOCATION: A conditional use permit may be revoked or modified by the City Council, upon notice and hearing, for breach or violation of any condition of approval or limitation of the permit. If City Council decides to revoke a conditional use, either on its own action or upon complaint to the City Council, The Council shall notify the permit holder of its intention to revoke the Conditional Use Permit and provide the permit holder with the opportunity to contest the revocation. Fifteen (15) days prior notice of the hearing shall be given to the permit holder and all property owners within three hundred feet (300') of the boundaries of the land which was issued the permit. City Council shall malce findings of fact and conclusions of law supporting its decision to revoke the conditional use permit. If the Council does not decide to revoke the conditional use permit, no findings of fact and conclusions of law shall be made. An aggrieved permit holder or complainant may appeal the decision of the City Council under the Administrative Procedures Act of the State of Idaho, Idaho Code Section 67-5215(b) through (g). (Ord. 592, 11-17-92) ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 5O SECTION 9: That Chapter 6 of Title 12 "Planned Development" Subdivision and Development of the Meridian City Code, be, and the same is hereby repealed. SECTION 10: That a new Chapter 6 of Title 12 "Planned Development" Subdivision and Development of the Meridian City Code, be, and the same is hereby enacted to read as follows: CHAPTER 6 PLANNED DEVELOPMENTS SECTION: 12-6-1: 12-6-2: 12-6-3: 12-6-4: 12-6-5: 12-6-6: 12-6-7: 12-6-8: Purpose Planned Development Standards Use Exceptions Residential Uses Planned Developments In Old Town Developer Incentives And Benefits Application Procedure Term Of Permits 12-6-1: PURPOSE: A planned development (PD) is a parcel or combination of parcels of land which is planned and developed as a unit under single ownership or control. It may contain one or a mixture of uses, types of buildings, as well as common open space, clustered development and/or recreational facilities. The purpose of the planned development process is to provide opportunity for land development that preserves and utilizes natural topographic, geologic and scenic features; allows a more efficient pattern of residential, commercial and industrial uses; fosters innovative design concepts and promotes flexibility in site design; and provides for common open space or other amenities not found in traditional lot-by-lot development. The planned development process allows the Commission and Council to allow modifications from the development standards of the underlying zone in order to encourage mixed-use projects, and to permit secondary uses which are integrated with and support the primary use. Detailed planned development applications require a conditional use application and are subject to all conditional use procedures set forth in Chapter 17. Conceptual planned development applications require a conditional use application and are subject to all conditional use procedures set forth in Chapter 17, except for Section 11-17-2 -I & J (building elevations and construction materials/colors). ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 51 12-6-2: PLANNED DEVELOPMENT STANDARDS: A. The Council may approve planned developments, upon recommendation by the Commission, in accordance with the following standards: 1. Deviations from the development standards and/or area requirements of the underlying zone may be approved. Residential density in a planned development shall be calculated by mukiplying the net residential area (gross acreage less office, commercial, or industrial use area) by the maximum number of dwelling units per acre allowed for the zoning district in which the site is located. If there is no maximum density guideline for the zoning district within which a planned development is proposed, the maximum allowable density shall be fifteen (15) units per acre. 3. Amenities: Two or more of the following amenities shall be provided as part of each planned development: Landscaped open space of at least ten percent (10%) of the gross area, exclusive of required street buffers and buffers between incompatible land uses. (Landscaped open space is mandatory for all developments and minimum Landscape Ordinance requirements will not be counted as an amenity for the purposes of this provision.) Private active recreational facilities such as a playgrom~d, picnic area, basketball or tennis court, swi~mning pool, clubhouse, etc., of a size suitable to meet the needs of the development. c. Provision for addition or public access to a neighborhood park or other public open space. A public pedestrian or bicycle drculation system within the project (exclusive of required sidewalks adjacent to public right-of-way) and connecting to existing or planned pedestrian or bicycle routes outside the project (as designated in the Meridian Parks Department Pathway Plan), designed and constructed in accordance with standards set forth by the Meridian Parks Commission. e. Other amenities appropriate to the size and uses of the proposed development, as may be proposed by the applicant and approved by the Commission and Council ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 52 All residential planned developments shall provide each dwelling unit with at least one hundred (100) square feet of useable private open space, such as patio or deck. The Commission and Council shall judge each project on its own qualities, and may recommend deviations from this open space requirement when it is satisfied that the private and common open space proposed meets the intent and purpose of the ordinance. Setbacks: Along the periphery of the planned development, the applicable setbacks as established by the zoning district in which the project resides shall not be reduced. Special landscape buffers between differing uses as set forth in the Landscape Ordinance (Title 12, Chapter I3) shall apply to planned developments. Attached structures may be permitted in planned developments with strict compliance with the Uniform Building Code requirements for party and fire separation walls. The minimum separation between detached structures shall be ten feet (10') unless fire or building codes require greater separation. Driveways, streets and pathways: Driveways to one- and two-family dwellings shall not be less than nine feet (9') in width. Service driveways, drive-through lanes and escape lanes shall have a minimum width often feet (10') per lane, without parking on either side. Publicly dedicated streets shall be designed and constructed to Ada County Highway District standards. Private streets may be approved by the Council and the following roadway standards shall apply: Up to three (3) dwelling units with a roadway less than two hundred feet (200') in length - twenty-four-foot (24') roadway with a five-foot (5') sidewalk on one (1) side located in an easement. Up to three (3) dwelling units with a roadway greater than two hundred feet (200') in length - twenty-eight-foot (28') roadway with a five-foot (5') sidewalk on one side located in an easement. Four (4) to ten (10) dwelling units on a roadway less than two hundred feet (200') in length) - twenty-four-foot (24') roadway with five-foot (5') sidewalk on both sides located within an easement. Four (4) to ten (10) dwelling units on a roadway greater than two hundred feet (200') in length) - forty-two-foot (42') right-of-way with twenty-nine-foot (29') section from back of curb to bade of curb, with five-foot (5') sidewalks required on both sides. ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 53 e. Eleven (I 1) or more dwelling units - forty-two-foot (42') right-of-Way with a twenty-nine-foot (29') section and five-foot (5') sidewalks on both sides. Construction standards (i.e., gravel base, pavement depth and compaction testing requirements) of all private roads shall meet the standards of Ada County Highway District for a local road. 7. The concept and detailed conditional use applications are both subject to the public hearing requirements of Section 11-15-5 and Conditional Use Requirements of Chapter 17. Concurrent review of other applications may be required. In cases where a subdivision is being proposed or would be required, concurrent review of the detailed conditional use and subdivision plat is required when the Zoning Administrator determines that regulations of the subdivision ordinance apply to the design of the proposed development. 12-6-3: USE EXCEPTIONS: Upon recommendation of the Commission, the Council may authorize specific uses not normally permitted by the use regulations of the zone in which the development is located. In granting such authorization, the Commission and Council shall make the following findings: The uses permitted by the exception are strongly related to the principal use of the development, and have the purpose of providing services or facilities useful or complementary to the primary use. No more than twenty percent (20%)of the total area of the project shall be devoted to the uses permitted by the exception. The percentage of use exception allowed will be determined by the Commission and Council based upon the size of the project and intensity of the use exceptions. The development will be phased so that construction of the excepted use or uses will be justified by construction of all or a proportionate amount of the principal or primary use or uses. 4. The uses permitted by the exception are integrated into the overall project by: a. Being located in pror3mity to and within convenient walldng distance of the primary uses. ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE I 1 AND CHAPTER 6 OF TITLE 12 54 b. Utilizing one or more of the main vehicular accesses to the primary use ske as the main access to the exception site or interconnection through a system of private roadways and/or pathways. c. Providing pedestrian and bicycle pathway connections with the primary use site. d. Orienting buildings on the exception site to facilitate vehicular and/or pedestrian access from the primary use site. e. Continuing architecture, landscaping, and building bulk concepts from the primary use into the use of the exception site so they are consistent and harmonious throughout the development. 5. The uSe(s) permitted by the exception are neighborhood: or community:serving in size and character and not regional, and are not detrimental to adjacent neighborhoods in location and character. 12-6-4 RESIDENTIAL USES: A. A variety of housing types may be included within a single planned development, including attached units (townhomes, duplexes), detached units (patio homes), single family and multi-family units, regardless of the underlying zoning classification of the site, provided that the overall density limit of the zone is maintained. B. Residential Infill Planned Developments: Lots and parcels of five (5) acres or less within the City of Meridian, which are located in areas already substantially developed [at least eight percent (80%)of the land area within three hundred feet (300') of the boundaries of the parcel], and to which municipal serq/ces (sewer, water, fire, police and schools) are already available may qualify for infill development. Upon recommendation of the Commission, the Council may approve exceptions to Section 12-6-2 as follows: 1. The applicant shall submit with the conditional use application, verification that the site qualifies as an infill site. This verification may be in the form of recent aerial photographs. In addition, the applicant shall provide documentation of the availability to the site of water, sewer, fire flow and fire protection and school capacity. 2. The Council may allow up to a twenty-five percent (25%) increase in the density allowed for the site under the zone as an infill incentive. 3. The Council may also grant a waiver of the amenity requirement set forth in Section 12- 6-2 with a recommendation from the Commission. ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT'~ REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 55 12-6-5 PLANNED DEVELOPMENTS IN OLD TOWN: Proposed planned developments in the Old Town zoning district which include a mixture of residential and commercial or office uses shall be allowed a maximum residential density of forty-five (45) dwellings per acre, and the following development standards: Minimum Lot Area: No minimum Front Setback: 15 feet Rear, Interior Side, Street Side Setbacks: 0 feet Maximum Lot Coverage: 100 % of non-setback area Maximum Building Height: 40 feet Minimum Street Frontage: No minimum 12-6-6 DEVELOPER INCENTIVES AND BENEFITS: A. Planned developments are intended to provide particular benefits to the public and to the developer through the mixture of uses and integrated nature of the projects. Public benefit is ensured by the provision of public improvements and the mnenities required by Section 12- 6-2, and, for infill developments, by the increased efficiency of the use of land and public services. To provide the developer with an incentive to utilize the planned development process, the following deviations from conventional development standards may be incorporated into a planned development proposal: 1. A variety of housing types may be included in the planned development. 2. The minimum lot size for each building and setbacks for buildings within the project may be reduced below those normally required for the zoning district. 3. Planned developments may indude private streets and service drives, if designed and constructed to Ada County Highway District standards and in accordance with Section 12-6-2-A. 6, and as approved by the Council. 4. Uses not normally permitted in the zoning district may be allowed as part of a planned development, up to the twenty percent (20%) limit established in Section 12-6-3 of this ordinance. Buildings may be clustered to preserve scenic or environmentally sensitive areas in the natural state, or to consolidate small open spaces into larger, more usable areas for common use and enjoyment. 6. The conditions of the approval established for a large planned development shall be consistently applied to each subsequent phase of the development, unless specifically ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 56 agreed to otherwise during the approval process, or unless modified per Section 11-17- 10. 7. A residential density bonus may be given for dedications of land for public use as school, park, fire station or recreational facility provided to the public entity by donation or at a cost less than, or equal to, the applicant's pre-development cost for that land. The bonus shall not exceed ten percent (i 0%) of the units permitted by the zone on the undedicated portion of the land. 12-6-7 APPLICATION PROCEDURE: A. Prior to the submission of an application for a planned development, the applicant shall contact the Planning Department and arrange for a pre-application conference with the planning and zoning staff. The purpose of this conference is to provide guidance to the developer in preparing his application. Therefore, the developer should request the meeting well before preparing the application materials. A draft site plan and preliminary plat map (if required) shall be available at the pre-application meeting. B. A planned development may be submitted and processed as a concept plan. The applicant must specify the application and site plan that concept approval is being requested. A concept approval is a statement by the City of Meridian that a general development plan including the arrangements of uses, density, location of major streets, open spaces, utilities, etc., is acceptable. A concept review allows the applicant to obtain approval of a general development plan without incurring the expense of detailed building plans until after concept approval. It provides the developer and the City with guidelines for the design of each phase of the project. Supporting information may be required by the Zoning Administrator on issues of major importance for the project. Each phase of a concept approval requires detailed conditional use approval through a new application, fee and public hearing. The only exception to the detailed conditional use requirement is single family dwellings proposed as the primary use within a development. The single-family dwelling portion of the project shall be reviewed in detail under Subdivision Requirements of Chapter 3. C. Every planned development requires a conditional use application, including all plans and information required by Chapter 17. Conceptual planned developments are exempt from Section 11-17-2 (I & J), all other provisions shall apply. Phasing plans shall be induded if the project is to be phased. The application is subject to the public hearing requirements of Section 11-15-5 and Chapter 17. D. Concurrent review of other applications may be required as determined by the Zoning Administrator. In cases where subdivision platting would be necessary, concurrent review of the conditional use (for detailed planned development applications) is required. ZONING REGULATIONS "CONDITIONAL USES" AND 57 SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 E. Processing of the applications and actions of the Commission and Council are the same as other conditional use applications. 12-6-8 TERM OF PERMITS: Initiation of work on an approved planned development must talce place within eighteen (18) months, as set forth in Section 11-17-4. All phases of the planned development shall be completed within five (5) years of the date of approval; approval of any uninitiated phases will lapse after that time unless a time extension is granted by the Council. SECTION 11: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 12: VALIDITY: The Meridian City Council hereby declares that any section, paragraph, sentence or word of this Ordinance as adopted and amended herein be declared for any reason to be invalid it is the intent of the Meridian City Council that it would have passed all other portions of this Ordinance independent of the elimination herefrom of any portion as may be declared invalid. SECTION 13: SAVINGS CLAUSE: This Ordinance does not affect an action or proceeding commenced or right accrued before this Ordinance takes effect. SECTION 14: DATE OF EFFECT: This Ordinance shall be in full force and effect after its passage, approval and publication, according to law. PASSED BY THE CITY COUNCIL OFTHE CITY OF MERIDIAN, IDAHO, this dayof ~7/t,'~.~,~ ., 2001. ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 58 APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~-~d4~day of ~-----------------"-bv-v,.~ ,2001. ~l~ok Robert D. Corrie - Attest: Z:\Work\M'XMefidianWieridian 15360M~ZA01-00I TO TITLE Conditional UscsOrd.doc 11,CHAPTER 7WakPlanned Dev & ZONING REGULATIONS "CONDITIONAL USES" AND SUBDIVISION AND DEVELOPMENT "PLANNED DEVELOPMENT" REPEALING CHAPTERS 17 OF TITLE 11 AND CHAPTER 6 OF TITLE 12 59