03-1030 City Code Fence Waiver Ordinance
ORDINANCE NO, 03- / tJ J 0
BY: (}!tuìe !l1cLahdû.f.f'
AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING TITLE II CHAPTER I TO
ADD A NEW SECTION liON APPEALS AND TITLE 12 CHAPTER 4 SECTION 10 J OF
THE MERIDIAN CITY CODE, FENCE - VARIANCE PROCEDURE; PROVIDING FOR A
WAIVER INSTEAD OF A VARIANCE; PROVIDING FOR AN ADMINISTRA TNE
REVIEW TO BE CONDUCTED BY THE PLANNING AND ZONING ADMINISTRATOR
OR DESIGNEE; AND DELETION AND ADDITION OF LANGUAGE; AND PROVIDING
AN EFFECTNE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
SECTION 1: That Title 11, Chapter I, Section 11 of the Meridian City Code of the City of
Meridian is hereby added and shall read as follows:
11-1-11 APPEALS: Appeals of the action of the Administrator or Commission
concerning the administration of this Title and/or Title 12 of the Meridian Citv
Code mav be taken bv any aggrieved person. All appeals shall be filed with the
Planning and Zoning Department within fifteen (15) davs after the written
decision is issued. The appeal shall specify the grounds upon which the appeal is
filed.
A.
After receipt of an appeal of the action of the Administrator. the
Planning and Zoning Commission shall hold a hearing to reach a
decision to uphold or overrule the action ofthe Administrator. Bv
majority vote. the Commission may uphold or overrule the action
of the Administrator.
i. If the action of the Administrator is overruled. the Commission
shall issue a written decision and send the matter back to the
Administrator for action consistent with the Commission
decision.
ii. If the action ofthe Administrator is upheld. the Commission
shall issue a written decision stating the decision and the
reasons for the decision.
ORDINANCE AMENDING THE FENCE ORDINANCE
B.
After receipt of an appeal of an action of the Commission. the
Council shall hold a hearing to reach a decision to uphold or
overrule the action of the Commission. Bv maioritv vote. the
Council may uphold or overrule the action of the Commission. If
the action ofthe Commission is overruled. the Council shall send
the matter back to the Commission for action consistent with the
Council decision.
SECTION 2: That Title II, Chapter 3, Section 2 of the Meridian City Code ofthe City of
Meridian is hereby amended and shall read as follows:
11-3-2: ADMINISTRATOR:
A.
Appointment: The Administrator or designated member of the City staff shall be
appointed by the Mayor and confirmed by the majority vote of the City Council.
(Ord. 430, 4-2-1984; amd. 1999 Code)
B.
f.àæiHis1flttive f4lpeals: The Council shallhelH" and deeide !I 3 3eals where it is
alleged there is 11ft effer in any order, ret tiirefllØf!t, deeisiofl, illterpretatioH or
detemHftatioH fIlade ày the Administrator, lnsfJoeter ar the COIIllftÍSSiOH.
G-.
Duties: The Administrator or designated staff shall administer and enforce this
Title and fulfill all duties imposed by law including, but not limited to:
1.
Receive application and distribute to proper authorities;
2.
NotifY the news media regarding matters of public interest;
3.
Issue zoning permits, occupancy permits, certificates of zoning
compliance; notifications and care for similar administrative
duties;
4.
Investigate all violations of this Title, and notifY in writing the
person responsible for such violation(s), and order the action
necessary to correct such violation(s); and
5.
Assist the Commission and Council in carrying out the provisions
of this Title.
SECTION 3: That Title I I, Chapter 15, Section 7 ofthe Meridian City Code ofthe City of
Meridian is hereby repealed.
SECTION 4: That Title II, Chapter 17, Section 7 of the Meridian City Code of the City of
Meridian is hereby repealed.
ORDINANCE AMENDING THE FENCE ORDINANCE
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SECTION 5: That Title 12, Chapter 4, Section 10 J of the Meridian City Code ofthe City of
Meridian is hereby amended and shall read as follows:
12-4-10
FENCES:
J.
V BFÌftllee Waiver Procedure: If an owner or applicant desires to
obtain a ¥!IÅaftee waiver from the provisions of this Section, it
shallaBt l3e treated as a variance flj, rsuant !a tae flra'fisiaas of Title
II, Cflaflter IS afthis Cede ar Caa¡¡ter 11 effhis Title anti tae
flFe6eàare far SH6a a variance shallaet l3e gÐ\<emeti by the
a-feremeatieaetl k¡e (2) Callfl!erS. There shalll3e a Sf'eeilll The
procedure for vanaa6es from these feaee regulatioas 'Nfiiffi shall be
as follows: (Ore. 524, 4 3 1990)
The Administrator shall review the facts and circumstances of each
fence waiver application to determine whether that evidence
supports the following findings:
a.
Granting the fence waiver will not result in anv
obstruction of the clear vision triangle at the
intersections of streets:
b.
Granting the fence waiver will not compromise
anvpublic safetv standards: and
c.
Granting the fence waiver will not result in
conditions that will. more probablv than not.
place the public or emergencv response personnel
in potentiallv injurious situations.
2. Contents Of Application For ¥tIRaftee Waiver; Fee: The
owner or applicant shall file an application for a fence ¥!IÅaftee
waiver with the City Clerl( Planning and Zoning Department, with
a copv sent to the City Clerk, which application shall state the
following, and be accompanied by:
d.
a.
Address of subject property.
b.
Name, address and phone number of applicant.
c.
Name, address and phone number of owners of
the subject property.
Proof of ownership and of owner's consent.
ORDINANCE AMENDING THE FENCE ORDINANCE
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e.
Legal description of subject property.
f.
Present use of subject property.
g.
Zoning of the subject property.
h.
Schematic drawing of the building and proposed
fence.
i.
List of the mailing addresses of all property
owners (from authentic tax records of Ada
County) within two hundred feet (200') of the
external boundaries of the land being considered.
j.
Minimum requirements ofthis Title that need to
be reduced to permit the proposed fence and the
need for the proposed fence waiver.
k.
An application fee established by resolution of
the Council. (Ord. 524,4-3-1990; amd. Ord. 557,
10-1-1991)
2. ~ Notice: Upon receipt of the fence 'IfaFiaßee waiver
application, the Zoning Administrator shall set a hearing and see
that notice is mailed by first class mail to all owners of property
within two hundred feet (200') of the radius of the subject
property, whieli heaciag 9hall Be held soaRer than fiftee!l (15) days
after the mailiag af tHe reEJliired netiee and net mare tlitm tHirty
(30) days after mailing ef tRel'8\fHiF8d ßfJtiee. The netiee ofheaHng
dees net need te Be ]JiiÐli9hed in tHe effieial newSfJaper. The notice
shall indicate the substance of the application. the waiver sought bv
the owner or applicant. and shall include a copv of the schematic
drawing of the building and proposed fence. The notice shall also
state that anv person to whom notice was sent. and anv person
affected bv the proposed waiver. mav file a written objection to the
requested waiver which objection must be filed with the
Administrator no later than fifteen (15) davs after the date of
mailing.
3. Penee Varianee CeHHÐittee Penee 'Ha~Yer Realiest Hear'.ac:
The hearing estaàlisaed BY this s$seetion ôhall Be eendli6Ìed BY
tHe PeRee Varianee Cemmittee wliieli eellliHittee shall Be
eoffi¡nised ef the City Engineer, the Meriàian Poliee Chief, ene
ORDINANCE AMENDING THE FENCE ORDINANCE
4
C8W'1eil member and 8R8 PlarÆÏag and Z8aiag m8mBer ~
and ZeHffi¡¡: l\dæiaislr-atar ar hisAler desÎlæee. /\.. q],lefllffi ef said
CeftlHlitte8 shall Be a miai- efthree (3) members ef1£e
CefßffiiHee.
3. If the Administrator receives pertinent and compelling
objections related to the fence waiver. at hislher discretion. the
Administrator mav schedule a hearing on the application. When a
hearing is scheduled. notice of such the hearing shall be mailed to
the applicant and any person who has filed an objection. not later
than seven (7) davs prior to the hearing. A representative from the
Police Department and Public Works Department shall attend the
hearing or shall otherwise provide comment on the waiver
application.
4. CeæmiHee Action bv Administrator: Upon Iteaffi!g reviewing
the request for the fence ¥tIFÏitiI:ee waiver after the time for filing
objections has expired. or after hearing. whichever is applicable,
the CeffiffliHee Administrator or hislher designee shall either
approve. approve with conditions. or deny ar RfJpreye vlith
e8aèiti8as, the application fer f.eaee 'lananee. No written findings
of fact shall be required but a written decision shall be WFittea sent
to the applicant and to any party requesting written notification of
the decision at the aeanag.
5. ,'\¡Jpeal: Any aggriÐyed party may appeal the deeisiea 8f 1£e
Ceæmittee èireet~ la 1£e City Cmrneil pursuant Ie StioBseetieH II
15 7 eftffis Ceàe. (Orcl. 521, 4 3 199Q) The Zoning Administrator
shall issue a decision or schedule a hearing as noted above not
more than thirty (30) days after mailing of the required notice.
SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict
herewith are hereby repealed, rescinded and annulled.
SECTION 7: 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 8: SAVINGS CLAUSE: This Ordinance does not affect an action or proceeding
commenced or right accrued before this Ordinance takes effect.
ORDINANCE AMENDING THE FENCE ORDINANCE
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SECTION 9: DATE OF EFFECT: This Ordinance shall be in full force and effect on the
/5rz. day of ~~ ,2003.
PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this
¡Ø day of J~ ,2003,
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this /f!it1:-day
of d~ ,2003,
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Attest:
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City Clerk %. ~ ,~ 0 i
First Reading: 7-/~-tJ 3 ~"'6 u.sr 151 . ..t.?
Adopted after first reading by susP~6foU~R~t¡"I\s'allowed pursuant to Idaho Code
50-902 Yes:~ """" íI\W~
Second Reading:
Third Reading:
STATE OF IDAHO,)
: ss.
County of Ada.
On thiS~dayof_4tLÚf' ,2003, before me, the undersigned,
a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM
G, BERG, JR., known to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and
who executed the within instrument, and acknowledged to me that the City of Meridian executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written.
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... ~~,!bøL\ç.,~~/ MY COMMISSION EXPIRE : 'I-28-o~
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Z:\Work\M\Meridian\Meridian ¡ 5J6~~~J?.t~~ Hall\2003 OrdIFENCE WAIVER ORDINANCE 07 07 OJ.dŒ
ORDINANCE AMENDING THE FENCE ORDINANCE
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