This chapter provides specific standards for all uses as set forth within the applicable district in accord with chapter 2, "district regulations", of this title.

(Ord. 05-1170, 8-30-2005, eff. 9-15-2005)

These regulations apply to any property where the specific use is listed as a permitted, accessory, or conditional use in the tables of allowed uses by district in accord with chapter 2, "district regulations", of this title. It shall be unlawful and a violation of this title for any person to use, construct, locate, initiate, alter, or maintain any structure, land or real property, or cause any structure, land, or real property to be used, constructed, located, initiated or maintained, in any manner which violates, omits, or fails to conform to any procedure, standard or requirement set forth in this chapter.

(Ord. 08-1372, 7-8-2008, eff. 7-8-2008)

These standards are in addition to the requirements of chapter 3, "regulations applying to all districts", of this title.

(Ord. 05-1170, 8-30-2005, eff. 9-15-2005)

A.

All animals shall be indoors at all times, except when being exercised. At such times, animals shall be under the supervision and direct control of a caretaker.

B.

The facility owner and/or operator shall comply with all state and local regulations relative to such a facility and shall maintain housekeeping practices designed to prevent the creation of a nuisance and to reduce noise and odor to a minimum.

(Ord. 05-1170, 8-30-2005, eff. 9-15-2005; Ord. 10-1439, 1-12-2010, eff. 1-18-2010)

A.

General standards.

1.

All outdoor recreation areas and structures that are not fully enclosed shall maintain a minimum setback of one hundred (100) feet from any abutting residential districts. The playing areas of golf courses, including golf tees, fairways, and greens, are an exception to this standard.

2.

No outdoor event or activity center shall be located within fifty (50) feet of any property line and shall operate only between the hours of 6:00 a.m. and 11:00 p.m.

3.

Accessory uses including, but not limited to, retail, equipment rental, restaurant and drinking establishments, may be allowed if designed to serve patrons of the use only.

4.

Outdoor speaker systems shall comply with section 11-3A-13, "outdoor speaker systems", of this title.

B.

Additional standards for swimming pools. Any outdoor swimming pool shall be completely enclosed within a six-foot nonscalable fence that meets the requirements of the building code in accord with title 10, chapter 1, of this Code.

C.

Additional standards for outdoor stage or musical venue. Any use with a capacity of one hundred (100) seats or more or within one thousand (1,000) feet of a residence or a residential district shall be subject to approval of a conditional use permit.

D.

[Outdoor lighting.] Outdoor lighting, including lighted fields, designed for the site shall comply with Section 11-3A-11, "outdoor lighting," of this title. These standards may be modified through the approval of a conditional use permit.

(Ord. 05-1170, 8-30-2005, eff. 9-15-2005; Ord. 07-1325, 7-10-2007; Ord. No. 23-2037, § 4, 10-3-2023)

A.

All production, fabrication and assembly of materials shall be conducted within a completely enclosed structure if adjoining a residence or a residential district.

B.

If in an industrial district, accessory retail sales shall be limited to a floor area not exceeding twenty-five (25) percent of the total enclosed area of the use. Goods sold shall be only those produced on the site or complementary products.

(Ord. 05-1170, 8-30-2005, eff. 9-15-2005)

A.

Outdoor storage areas for materials (excluding growing plants in ground or in containers), and mechanical equipment shall comply with section 11-3A-12, "outdoor service and equipment areas", of this title.

B.

Outdoor speaker systems shall comply with section 11-3A-13, "outdoor speaker systems", of this title.

(Ord. 05-1170, 8-30-2005, eff. 9-15-2005)

Graves and monuments shall not be located within fifteen (15) feet from any property line.

(Ord. 05-1170, 8-30-2005, eff. 9-15-2005)

Schools, child daycare services, meeting facilities for clubs and organizations, and other similar uses not operated primarily for the purpose of religious instruction, worship, government of the church, or the fellowship of its congregation may be permitted to the extent the activity is otherwise permitted in the district.

(Ord. 05-1170, 8-30-2005, eff. 9-15-2005)

A.

No outdoor event or activity center associated with the use shall be located within fifty (50) feet of any property line.

B.

Accessory sales and/or distribution of beer and wine shall be allowed.

(Ord. 05-1170, 8-30-2005, eff. 9-15-2005)

A.

All structures or outdoor storage areas shall be located a minimum of one hundred (100) feet from any residential district.

B.

Outdoor storage areas shall comply with Section 11-3A-14, "outdoor storage as an accessory use", of this title.

C.

The site shall not be used as a junkyard or vehicle wrecking yard as herein defined.

(Ord. 05-1170, 8-30-2005, eff. 9-15-2005)

A.

General standards for all child daycare and adult care uses, including the classifications of daycare center; daycare, family; and daycare, group.

1.

In determining the type of daycare facility, the total number of children at the facility at one (1) time, including the operator's children, is the determining factor.

2.

On-site vehicle parking and turnaround areas shall be provided to ensure safe discharge and pick up of clients.

3.

The decision-making body shall specify the maximum number of allowable clients and hours of operation as conditions of approval.

4.

The applicant or owner shall provide proof of criminal background checks and fire inspection certificates as required by Title 39, Chapter 11, Idaho Code. Said proof shall be provided prior to issuance of certificate of occupancy. The applicant or owner shall comply with all State of Idaho and Department of Health and Welfare requirements for daycare facilities.

5.

In residential districts or uses adjoining an adjacent residence, the hours of operation shall be between 6:00 a.m. and 11:00 p.m. This standard may be modified through approval of a conditional use permit.

6.

Prior to submittal of an application for an accessory daycare facility in a residential district, the applicant or owner shall hold a neighborhood meeting in accord with subsection 11-5A-4.B of this title. Notice of the neighborhood meeting shall be provided to all property owners of record within one hundred (100) feet of the exterior boundary of the subject property.

The applicant shall not exceed the maximum number of clients as stated in the approved permit or as stated in this title, whichever is more restrictive.

B.

Additional standards for daycare facilities that serve children.

1.

All outdoor play areas shall be completely enclosed by minimum six-foot nonscalable fences to secure against exit/entry by small children and to screen abutting properties.

2.

Outdoor play equipment over six (6) feet high shall not be located in a front yard or within any required yard.

3.

Outdoor play areas in residential districts adjacent to an existing residence shall not be used after dusk.

C.

Additional standards for family daycare facilities conducted as home occupation accessory uses.

1.

In no way shall the family daycare emit lighting, noise, fumes, smoke, dust, odors, vibrations, or electrical interference that can be observed outside the dwelling. A sign may be displayed for advertising the family daycare facility in accord with the standards set forth in subsection 11-3D-8.B of this title.

2.

Off-street parking shall be provided as set forth in section 11-3C-6 of this title, in addition to the required off-street parking for the dwelling.

(Ord. 18-1773, 4-24-2018; Ord. No. 24-2062, § 10, 10-8-2024)

A.

The facility shall comply with all Idaho Code regulations regarding the sale, manufacturing, or distribution of alcoholic beverages.

B.

If a drinking establishment or expansion of such use is located within three hundred (300) feet of a property used for a church or any other place of worship, or any public or private education institution, it may be allowed with the approval of the decision-making body set forth in Chapter 5 of this title.

C.

A drinking establishment shall not be located within one thousand (1,000) feet of an adult entertainment establishment, as defined in Chapter 1, Article A, "definitions," of this title.

D.

For properties abutting a residential district, no outside activity or event shall be allowed on the site, except in accord with Chapter 3, Article E, "temporary use requirements", of this title.

E.

At a minimum, one (1) parking space shall be provided for every two hundred fifty (250) square feet of gross floor area. Upon any change of use for an existing building or tenant space, a detailed parking plan shall be submitted that identifies the available parking for the overall site that complies with the requirements of this title.

(Ord. 05-1170, 8-30-2005, eff. 9-15-2005; Ord. 16-1672, 2-16-2016; Ord. No. 22-2001, § 17, 11-1-2022; Ord. No. 23-2037, § 5, 10-3-2023)

A.

A drive-through establishment shall be an accessory use where the drive-through facility (including stacking lanes, speaker and/or order area, pick up windows, and exit lanes) is:

1.

Not within three hundred three hundred (300) feet of another drive-through facility, a residential district, or an existing residence: or

2.

Separated by an arterial street from any other drive-through facility, residential district or existing residence; or

3.

Not within the O-T zoning district.

Otherwise a conditional use permit is required.

B.

All establishments providing drive-through service shall identify the stacking lane, menu and speaker location (if applicable), and window location on the certificate of zoning compliance or the conditional use permit. Speakers are prohibited in the O-T zoning district.

C.

A site plan shall be submitted that demonstrates safe pedestrian and vehicular access and circulation on the site and between adjacent properties. At a minimum the plan shall demonstrate compliance with the following standards:

1.

Stacking lanes shall have sufficient capacity to prevent obstruction of driveways, drive aisles, and the public right-of-way by patrons.

2.

The stacking lane shall be a separate lane from the circulation lanes needed for access and parking, except stacking lanes may provide access to designated employee parking.

3.

The stacking lane shall not be located within ten (10) feet of any residential district or existing residence.

4.

Any stacking lane greater than one hundred 100 feet in length shall provide for an escape lane.

5.

The site should be designed so that the drive-through is visible from a public street for surveillance purposes.

D.

The applicant shall provide a six-foot sight obscuring fence where a stacking lane or window location adjoins a residential district or an existing residence.

(Ord. 15-1663, 10-20-2015)

A.

Permitted. One (1) secondary dwelling unit is permitted on the same property in conjunction with and clearly subordinate to a single-family dwelling.

B.

Owner occupancy. To create and maintain a secondary dwelling unit, the property owner shall reside on the property for more than six (6) months in any twelve-month period. The applicant for a secondary dwelling unit shall demonstrate that either the single-family dwelling or the secondary unit is occupied by the owner of the property. Owner occupancy is demonstrated by title records, vehicle registration, voter registration or other similar means. Secondary dwelling units shall not be subdivided or otherwise segregated in ownership from the single-family dwelling unit.

C.

Maximum size. Secondary dwelling units shall be limited to a maximum of nine hundred (900) square feet or no more than fifty (50) percent of the primary dwelling, whichever is less, and two (2) bedrooms constructed in accord with the adopted residential building code.

D.

Location. The secondary dwelling unit may be located within or attached to the primary dwelling; a detached structure; or above or beside a detached structure, such as a garage. Detached secondary dwelling units shall be located to the side or rear of a primary dwelling.

E.

Parking. Required parking for the property shall be as set forth in Section 11-3C-6, Table 11-3C-6 of this Title for single-family dwellings, as determined by the total number of bedrooms on the property. The conversion of a covered parking area (garage/carport) into a secondary dwelling unit is not allowed unless the required parking can be provided elsewhere on site.

F.

Entrance. Only one (1) entrance door of either the single-family dwelling or the secondary dwelling unit shall be located facing any one (1) street.

G.

Design. The secondary unit shall be consistent in design with the single-family dwelling, including roof pitch, siding, color, materials, and window treatments.

H.

Prohibitions. Manufactured and mobile homes, and recreation vehicles shall be prohibited for use as a secondary dwelling unit.

I.

Number of occupants. The total number of occupants in both the single-family dwelling and the secondary dwelling shall not exceed the maximum number established for a "family", as defined in Chapter 1, Article A, "definitions", of this Title.

Ord. 05-1170, 8-30-2005, eff. 9-15-2005; Ord. 07-1325, 7-10-2007; Ord. 08-1372, 7-8-2008, eff. 7-8-2008; Ord. 10-1463, 11-3-2010, eff. 11-8-2010; Ord. No. 22-2001, § 18, 11-1-2022)

Only one (1) single-family dwelling shall be allowed per property. Within the light industrial district, a single-family dwelling shall be allowed only as an accessory use for the purpose of a caretaker dwelling to monitor and/or manage a permitted or conditionally allowed use.

(Ord. 10-1463, 11-3-2010, eff. 11-8-2010)

A.

Accessory uses. Accessory uses including, but not limited to, daycare facilities, community events, community services, social services, curricular and extracurricular activities, meeting facilities for clubs and organizations, and school administration may be allowed.

1.

Community events shall include, but are not limited to, events organized by an association of persons for a social, literary, political, educational or recreational purpose. Community events shall not include retail or other services that are customarily carried on as a business.

2.

Curricular or extracurricular activities at an education institution shall include any sporting, musical, dramatic, artistic, fundraising or educational activities associated with any group, association, or classroom of said education facilities. Curricular or extracurricular activities shall not include retail or other services of businesses not directly associated with the education facility.

3.

When conducted within an existing structure and site modifications are not proposed and/or required allowed accessory uses do not require a certificate of zoning compliance.

4.

Uses not deemed as an accessory use by the Director shall require approval as a principal permitted or conditional use consistent with this title or as a temporary use consistent with title 3, chapter 4 of this Code.

B.

Location criteria for elementary schools. Elementary schools should be located within the center of neighborhoods with access encouraged from local streets. Elementary school locations adjacent to public parks or open space are encouraged. At least thirty (30) percent of the perimeter of an elementary school site should be open to streets or open space areas.

C.

Location criteria for middle schools and high schools. Middle and high schools may take access off a designated arterial or collector street.

D.

Exemption. An education institution with less than one hundred fifty (150) students or located within the TN-R district may be exempt from the requirements for open space, landscaping, parking and drop off areas.

E.

Conditional use requirement. A conditional use permit shall be required for any education institution in which any of the following circumstances exist:

1.

The education institution is in excess of two hundred fifty thousand (250,000) square feet within a residential district;

2.

The education institution includes lighted fields adjoining or within a residential district;

3.

The education institution will generate in excess of one thousand five hundred (1,500) vehicular trips per day;

4.

The education institution takes access from a collector or an arterial street and there is not a safe, separate pedestrian and bikeway access between the neighborhood and the school site.

F.

Portable classrooms (temporary and permanent). The site plan for all education institutions shall include the location of any future portable classrooms (temporary and/or permanent).

1.

Temporary portables. A temporary portable classroom shall be an accessory use valid for a maximum period of four (4) years from the date of issuance of a certificate of occupancy.

a.

Temporary portable classrooms that meet the standards as set forth in subsection (F)(4) of this section shall require a certificate of zoning compliance approval but shall not be subject to design review.

b.

Temporary portable classrooms that do not meet the standards as set forth in subsection (F)(4) of this section shall require a conditional use permit but shall not be subject to design review.

2.

Permanent portables. Prior to the termination of the four-year permit, the applicant may request to convert a temporary portable classroom to a permanent portable classroom.

a.

Permanent portable classrooms that meet the standards as set forth in subsection (F)(4) of this section shall require a certificate of zoning compliance and design review approval.

b.

Permanent portable classrooms that do not meet the standards as set forth in subsection (F)(4) of this section shall require a conditional use permit and design review approval.

3.

Permit termination. Upon termination of the four-year permit, the temporary portable classroom approval shall be null and void and the applicant shall remove the structure immediately.

4.

Standards.

a.

The portable classroom shall not be located in the front yard of the principal school structure.

b.

The portable classroom shall not be located in any required yard.

c.

The placement of the portable classroom shall not reduce the number of required off street parking spaces.

d.

The portable structures shall comply with the building code in accord with title 10 of this Code.

e.

Exterior colors of the portable classrooms shall be compatible with the color of the primary school building.

f.

The roofing material on the portable classrooms shall be of a finish that emits a minimal amount of glare.

g.

Where the portable classroom is located within two hundred (200) feet of a street and is visible from such a street, the portable classroom shall be screened from view of the street with a minimum of one (1) evergreen tree per fifteen (15) feet of linear structure. The tree shall be a minimum of six (6) feet in height.

G.

Additional standards for education institution, private. The applicant shall provide written documentation that the facility meets the minimum site area guidelines as established by the Idaho State Department of Education.

H.

Additional standards for vocational or trade schools. The applicant shall provide written documentation that the school will have a major curriculum relating to technological industrial research and processes.

I.

Parking space requirement. In all commercial and residential districts, education institutions shall provide one (1) parking space for every four hundred (400) square feet of gross floor area.

(Ord. 05-1170, 8-30-2005, eff. 9-15-2005; Ord. 10-1461, 10-12-2010, eff. 10-18-2010; Ord. 10-1463, 11-3-2010, eff. 11-8-2010; Ord. 19-1833, 7-9-2019)

All repair activities (including, but not limited to, open pits and lifts) shall occur within an enclosed structure. Equipment display areas are prohibited in the required landscape buffers.

(Ord. 10-1439, 1-12-2010, eff. 1-18-2010)

A.

Separations. In recognition of Idaho Code, the following distance separations shall be required.

1.

No adult entertainment establishment shall be allowed within one thousand (1,000) feet of the following:

a.

An existing adult entertainment establishment;

b.

A church or place of religious worship;

c.

Any youth organization, school, or school bus stop; and

d.

Any residential district boundary.

2.

The applicant shall provide evidence certified by a professional land surveyor licensed in the State of Idaho that the proposed adult entertainment establishment conforms to the separation requirements of this subsection.

B.

Signs.

1.

All adult entertainment establishments shall comply with the regulations of Chapter 3, Article D of this Title. Further, signs for adult entertainment establishments shall not contain any emphasis, either by movement, picture, or otherwise, on matter relating to adult entertainment as herein defined.

2.

Any business providing adult entertainment or adult material shall have in place at each entrance to such business a legible door "sign" (as defined herein) stating "Persons under 18 years of age not permitted". The sign shall be no less than one-half (0.5) square foot and no greater than one (1) square foot in area. Such sign shall not require administrative approval in accord with Chapter 3, Article D, "sign requirements", of this Title.

(Ord. 05-1170, 8-30-2005, eff. 9-15-2005; Ord. No. 22-2001, § 19, 11-1-2022)

A.

The location, access and safety features of all automated teller machines (ATMs) shall be subject to review and approval by the Meridian Police Department, and in accord with the standards set forth in section 11-3A-16 of this title.

B.

All ATMs shall be deemed an accessory use to a financial institution.

C.

All approaches and entrances to ATMs should be highly visible and adequately lit so that people cannot loiter, or enter, without being seen. The addition of security cameras are highly recommended.

(Ord. 12-1514, 5-16-2012, eff. 5-21-2012)

A.

Office and/or retail showroom areas shall comprise a minimum of thirty (30) percent of the structure and/or tenant space.

B.

Light industry and warehousing shall not comprise more than seventy (70) percent of the tenant space.

C.

In the C-C, C-G and M-E Districts, roll-up doors and loading docks shall not be visible from a public street.

D.

Retail use shall not exceed twenty-five (25) percent of leasable area in any tenant space

(Ord. 16-1672, 2-16-2016; Ord. No. 21-1950, § 11, 10-10-2021)

A.

All structures, loading areas, outdoor activity areas, exclusive of parking shall be located a minimum of six hundred (600) feet from any abutting residential districts.

B.

Food processing shall be located a minimum of one thousand (1,000) feet from any hospital.

C.

The application materials shall include written documentation that the proposed facility meets any applicable federal, state, or local standards regarding such use including, but not limited to, those of the U.S. Environmental Protection Agency, the U.S. Department of Agriculture, Idaho Department of Environmental Quality (DEQ), Idaho Department of Agriculture, Idaho Department of Water Resources, and Central District Health Department.

(Ord. 18-1762, 1-23-2018)

A.

General standards.

1.

When allowed as an accessory use, gasoline or diesel fuel sales facilities shall not occupy more than twenty-five (25) percent of the subject property.

2.

The total height of any overhead canopy or weather protection device shall not exceed twenty (20) feet.

3.

Vehicle stacking lanes shall be available on the property but outside the fueling areas. Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of-way by patrons. Such stacking lanes shall be separate from areas required for access and parking. The stacking lanes shall not be located within ten (10) feet of any abutting residential districts.

4.

If the use is unattended, the standards in accord with section 11-3A-16 of this title shall also apply.

B.

Additional standards for fuel sales facility, truck stop.

1.

The use shall be located on a principal arterial or near an interstate interchange.

2.

The use shall be located a minimum of six hundred (600) feet from any residential district and a minimum of one thousand (1,000) feet from any hospital.

(Ord. 05-1170, 8-30-2005, eff. 9-15-2005)

In addition to the noticing requirements set forth in subsection 11-2A-2A of this title, the following standards apply to all home occupation accessory uses with the exception that strict adherence to the standards contained in subsections (E), (F), (G) and (H) of this section in the TN-C and TN-R districts is not required.

A.

The home occupation accessory use shall only be allowed as an incidental, secondary use to an allowed residential use. The operator of the home occupation accessory use shall be responsible for obtaining an accessory use permit, as well as any and all other applicable licenses, permits, or inspections, prior to operating the home occupation accessory use. Where a home occupation accessory use includes the provision of lessons or instruction to a group of seven (7) or more students at one time, prior to submittal of an application for an accessory use permit, the applicant shall hold a neighborhood meeting in accord with subsection 11-5A-4B of this title.

B.

Allowed home occupation accessory uses include, but are not limited to:

1.

Personal and professional services.

2.

Direct sales.

3.

Artisan craft production or instruction.

4.

Art, dance, music, or other lessons/instruction.

5.

Any other similar use, as determined by the Director.

C.

Prohibited home occupation accessory uses include, but are not limited to:

1.

Vehicle repair.

2.

Vehicle rental.

3.

Vehicle washing.

4.

Equipment repair.

5.

Equipment rental.

6.

Retail sales, except:

a.

The sale of services or items produced or fabricated on the premises as a result of the home occupation accessory use;

b.

The sale of products secondarily related to the personal service aspect of the home occupation accessory use; or

c.

The sale of products sold online that are delivered to customers by mail.

7.

Any other use prohibited by this title or in violation of the purpose statement of this Code, as determined by the Director.

D.

In no way shall the home occupation accessory use emit lighting, noise, fumes, smoke, dust, odors, vibrations, or electrical interference that can be observed outside the dwelling. A sign may be displayed at the dwelling for advertising the home occupation accessory use in accord with the standards set forth in subsection 11-3D-8.B of this title.

E.

The home occupation accessory use shall be conducted entirely in the dwelling, and not more than ten (10) percent of the overall area of said dwelling shall be used for a home occupation accessory use or for storing goods associated with the home occupation accessory use. An attached garage shall be included in the calculation of the area of the dwelling for this purpose.

F.

No activity connected to the home occupation accessory use or any storage of goods, materials, or products connected with a home occupation accessory use shall be allowed in any detached garage or detached accessory structure.

G.

The home occupation accessory use shall not have more than two (2) outgoing pick-ups per day from a common carrier.

H.

The home occupation accessory use shall be conducted by the inhabitants of the dwelling, and no more than one (1) nonresident employee shall be permitted at any time.

I.

The home occupation accessory use shall not serve as a headquarters or main office where employees come to the site and are dispatched to other locations.

J.

Off street parking shall be provided as set forth in section 11-3C-6 of this title, in addition to the required off street parking for the dwelling.

K.

All visits by clients, customers, and/or employees shall occur between the hours of 8:00 a.m. and 8:00 p.m.

(Ord. 18-1762, 1-23-2018)

A.

If the hospital provides emergency care, the location shall have direct access on an arterial street.

B.

Accessory retail uses including, but not limited to, retail shops, food or beverage service, and personal service shops, may be allowed if designed to serve patrons of the hospital and their visitors only.

C.

No hospital shall be located within one thousand (1,000) feet of the following uses: Explosive manufacturing or storage, flammable substance storage, foundry, freight and truck terminal, manufacture or processing of hazardous chemicals, power plant, food product storage and processing plant.

(Ord. 05-1170, 8-30-2005, eff. 9-15-2005)

A.

Accessory uses including, but not limited to, restaurants, retail, drinking establishments, and personal services, may be allowed if such uses are completely within the hotel or motel structure. A drinking establishment shall require separate or concurrent approval subject to the regulations of section 11-4-3-10 of this chapter.

B.

A conditional use permit shall be required for any hotel or motel use that adjoins a residential district or an existing residence.

(Ord. 05-1170, 8-30-2005, eff. 9-15-2005)

A.

The following adverse effects shall be mitigated through setbacks, buffers, sound attenuation and/or hours of operation:

1.

Noise, odor, or vibrations; or direct or reflected glare detectable by the human senses without the aid of instruments.

2.

Any other emission or radiation that endangers human health, results in damages to vegetation or property or which exceed health and safety standards.

B.

The application materials shall include written statement that the proposed facility meets any applicable federal, state, or local standards regarding such use, including, but not limited to, those of the U.S. Environmental Protection Agency, the U.S. Department of Agriculture, Central District Health Department, Ada County Air Quality Board and Idaho Department of Water Resources.

(Ord. 05-1170, 8-30-2005, eff. 9-15-2005)

A.

All mechanical equipment emissions; shipping and/or delivery; or other outdoor activity areas shall be located a minimum of three hundred (300) feet from any abutting residential districts, or the use is subject to a conditional use permit.

B.

The application shall identify how the proposed use will address the impacts of noise and other emissions on adjoining residential districts. More specifically, the following adverse effects shall be mitigated through setbacks, buffers, sound attenuation and/or hours of operation:

1.

Noise, odor, or vibrations, or direct or reflected glare detectable by the human senses without the aid of instruments.

2.

Radioactivity and electric or electromagnetic disturbances that unduly interfere with the normal operation of equipment, instruments, or appliances on abutting properties.

3.

Any other emission or radiation that endangers human health, results in damages to vegetation or property or which exceeds health and safety standards.

4.

In the event that the director determines that the applicant cannot adequately address such impacts, the use shall be subject to conditional use approval.

C.

Additional standards for industry, heavy. The use shall be located a minimum of one thousand (1,000) feet from a hospital.

D.

The application materials shall include written statement that the proposed facility meets any applicable federal, state, or local standards regarding such use including, but not limited to, those of the U.S. Environmental Protection Agency, the U.S. Department of Agriculture, Central District Health Department, the Ada County Air Quality Board and Idaho Department of Water Resources.

(Ord. 05-1170, 8-30-2005, eff. 9-15-2005)

The hours of operation shall be limited to between 6:00 a.m. and 11:00 p.m. in the C-N and L-O districts. If unattended, the use shall meet the requirements of section 11-3A-16, "self-service uses", of this title.

(Ord. 05-1170, 8-30-2005, eff. 9-15-2005)

Multi-family developments with multiple properties shall be considered as one (1) property for the purpose of implementing the standards set forth in this section.

A.

Purpose.

1.

To implement the goals and policies of the Comprehensive Plan:

a.

Plan for safe, attractive, and well-maintained neighborhoods that have ample open space, and generous amenities that provide varied lifestyle choices.

b.

Require the design and construction of pathways connections, easy pedestrian and bicycle access to parks, safe routes to schools, and the incorporation of usable open space with quality amenities as part of new multi-family residential and mixed-use developments.

2.

To create multi-family housing that is safe and convenient and that enhances the quality of life of its residents.

a.

To create quality buildings and designs for multi-family development that enhance the visual character of the community.

b.

To create building and site design in multi-family development that is sensitive to and well-integrated with the surrounding neighborhood.

c.

To create open space areas that contribute to the aesthetics of the community, provide an attractive setting for buildings, and provide safe, interesting outdoor spaces for residents.

B.

Site design.

1.

Residential buildings shall provide a minimum setback of ten (10) feet unless a greater setback is otherwise required by this title and/or Title 10 of this Code. Building setbacks shall take into account windows, entrances, porches and patios, and how they impact adjacent properties.

2.

All on-site service areas, outdoor storage areas, waste storage, disposal facilities, and transformer and utility vaults shall be located in an area not visible from a public street, or shall be fully screened from view from a public street.

3.

A minimum of eighty (80) square feet of private, usable open space shall be provided for each unit. This requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Landscaping, entryway and other accessways shall not count toward this requirement. In circumstances where strict adherence to such standard would create inconsistency with the purpose statements of this section, the Director may consider an alternative design proposal through the alternative compliance provisions as set forth in Section 11-5B-5 of this title.

4.

For the purposes of this section, vehicular circulation areas, parking areas, and private usable open space shall not be considered common open space.

5.

No recreational vehicles, snowmobiles, boats or other personal recreation vehicles shall be stored on the site unless provided for in a separate, designated and screened area.

6.

The parking shall meet the requirements set forth in Chapter 3, "Regulations Applying To All Districts", of this title.

7.

Developments with twenty (20) units or more shall provide the following:

a.

A property management office.

b.

A maintenance storage area.

c.

A central mailbox location, including provisions for parcel mail, that provide safe pedestrian and/or vehicular access.

d.

A directory and map of the development at an entrance or convenient location for those entering the development.

C.

Common open space design requirements.

1.

The total baseline land area of all qualified common open space shall equal or exceed ten (10) percent of the gross land area for multi-family developments of five (5) acres or more. When multi-family is approved concurrently with single-family, the minimum open space requirements in Section 11-3G-3 shall apply to the gross land area of entire development.

2.

All common open space shall meet the following standards:

a.

The development plan shall demonstrate that the open space has been integrated into the development as a priority and not for the use of land after all other elements of the development have been designed. Open space areas that has been given priority in the development design have:

(1)

Direct pedestrian access;

(2)

High visibility;

(3)

Comply with Crime Prevention through Environmental Design (CTED) standards; and

(4)

Support a range of leisure and play activities and uses. Irregular shaped, disconnected or isolated open spaces shall not meet this standard.

b.

Open space shall be accessible and well connected throughout the development. This quality can be shown with open spaces that are centrally located within the development, accessible by pathway and visually accessible along collector streets or as a terminal view from a street.

c.

The open space promotes the health and well-being of its residents. Open space shall support active and passive uses for recreation, social gathering and relaxation to serve the development.

3.

Alternative compliance is available for the standards listed in subsections (C)1 and (C)2 above, if a project has a unique targeted demographic; utilizes other place-making design elements in Old-Town or mixed-use future land use designations with collectively integrated and shared open space areas.

4.

All multi-family projects over twenty (20) units shall provide at least one (1) common grassy area integrated into the site design allowing for general activities by all ages. This area may be included in the minimum required open space total. Projects that provide safe access to adjacent public parks or parks under a common HOA, without crossing an arterial roadway, are exempt from this standard.

a.

Minimum size of common grassy area shall be at least five thousand (5,000) square feet in area. This area shall increase proportionately as the number of units increase and shall be commensurate to the size of the multi-family development as determined by the decision-making body. Where this area cannot be increased due to site constraints, it may be included elsewhere in the development.

b.

Alternative compliance is available for the standards listed in subsections (C)1 and (C)2 above, if a project has a unique targeted demographic; utilizes other place-making design elements in Old-Town or mixed-use future land use designations with collectively integrated and shared open space areas.

5.

In addition to the baseline open space requirement, a minimum area of outdoor common open space shall be provided as follows:

a.

One hundred fifty (150) square feet for each unit containing five hundred (500) or less square feet of living area.

b.

Two hundred fifty (250) square feet for each unit containing more than five hundred (500) square feet and up to one thousand two hundred (1,200) square feet of living area.

c.

Three hundred fifty (350) square feet for each unit containing more than one thousand two hundred (1,200) square feet of living area.

6.

Common open space shall be not less than four hundred (400) square feet in area, and shall have a minimum length and width dimension of twenty (20) feet.

7.

In phased developments, common open space shall be provided in each phase of the development consistent with the requirements for the size and number of dwelling units.

8.

Unless otherwise approved through the conditional use process, common open space areas shall not be adjacent to collector or arterial street buffers unless separated from the street by a berm or constructed barrier at least four (4) feet in height, with breaks in the berm or barrier to allow for pedestrian access.

9.

Buffer(s): One hundred (100) percent of the landscape buffer along collector streets and fifty (50) percent of the landscape buffer along arterial streets that meet the enhanced buffer requirements below may count towards the required baseline open space.

a.

Enhanced landscaping as set forth in Article 11-3B, Landscaping Requirements;

b.

Multi-use pathways;

c.

Enhanced amenities with social interaction characteristics;

d.

Enhanced context with the surroundings.

D.

Site development amenities.

1.

All multi-family developments shall provide for quality of life, open space and recreation amenities to meet the particular needs of the residents as follows:

a.

Quality of life.

(1)

Clubhouse.

(2)

Fitness facilities.

(3)

Enclosed bike storage.

(4)

Public art such as a statue.

(5)

Dog park with waste station.

(6)

Commercial outdoor kitchen.

(7)

Fitness course.

(8)

Enclosed storage

b.

Open space.

(1)

Community garden.

(2)

Ponds or water features.

(3)

Plaza.

(4)

Picnic area including tables, benches, landscaping and a structure for shade.

c.

Recreation.

(1)

Pool.

(2)

Walking trails.

(3)

Children's play structures.

(4)

Sports courts.

d.

Multi-modal amenity standards.

(1)

Bicycle repair station.

(2)

Park and ride lot.

(3)

Sheltered transit stop.

(4)

Charging stations for electric vehicles.

2.

The number of amenities shall depend on the size of multi-family development as follows:

a.

For multi-family developments with less than twenty (20) units, two (2) amenities shall be provided from two (2) separate categories.

b.

For multi-family development between twenty (20) and seventy-five (75) units, three (3) amenities shall be provided, with one (1) from each category.

c.

For multi-family development with seventy-five (75) units or more, four (4) amenities shall be provided, with at least one (1) from each category.

d.

For multi-family developments with more than one hundred (100) units, the decision-making body shall require additional amenities commensurate to the size of the proposed development.

3.

The decision-making body shall be authorized to consider other improvements in addition to those provided under this subsection D, provided that these improvements provide a similar level of amenity.

E.

Landscaping requirements.

1.

Development shall meet the minimum landscaping requirements in accord with Chapter 3, "Regulations Applying To All Districts", of this Title.

2.

All street facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following minimum standards:

a.

The landscaped area shall be at least three (3) feet wide.

b.

For every three (3) linear feet of foundation, an evergreen shrub having a minimum mature height of twenty-four (24) inches shall be planted.

c.

Ground cover plants shall be planted in the remainder of the landscaped area.

F.

Maintenance and ownership responsibilities. All multi-family developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features.

G.

Police access under exigent circumstances. Multifamily developments with units that take access via secured common corridors shall install and maintain a keyless entry system, or suitable alternative, to provide police access to the common corridors under exigent circumstances. The keyless entry system or alternative shall be subject to review and approval by the Meridian Police Department.

(Ord. 05-1170, 8-30-2005, eff. 9-15-2005; Ord. 09-1394, 3-3-2009, eff. retroactive to 2-4-2009; Ord. 16-1672, 2-16-2016; Ord. 18-1773, 4-24-2018; Ord. 19-1833, 7-9-2019; Ord. No. 21-1950, § 19, 10-10-2021; Ord. No. 22-2001, §§ 20, 21, 11-1-2022; Ord. No. 23-2037, § 7, 10-3-2023)

A.

Sales of agricultural products or live plant material shall be incidental to agricultural production and shall be limited to what is grown on the property.

B.

For new uses, the property used for nursery or urban farm shall be five (5) acres or less. For annexation of existing nursery or urban farm use, the property may be larger.

(Ord. 05-1170, 8-30-2005, eff. 9-15-2005)

A.

General standards.

1.

If the use results in more than ten (10) persons occupying a dwelling at any one time, the applicant or owner shall concurrently apply for a change of occupancy as required by the building code in accord with Title 10 of this Code.

2.

The owner and/or operator of the facility shall secure and maintain a license from the State of Idaho Department of Health and Welfare, facility standards division.

B.

Additional standards for uses providing care to children and juveniles under the age of eighteen (18) years:

1.

All outdoor play areas shall be completely enclosed by a minimum six-foot nonscalable fence to secure against exit/entry by small children and to screen abutting properties. The fencing material shall meet the swimming pool fence requirements of the building code in accord with title 10 of this Code.

2.

Outdoor play equipment over six (6) feet high shall not be located in a front yard or within any required yard.

3.

Outdoor play areas in residential districts or uses adjacent to an existing residence shall not be used after dusk.

C.

Additional standards for uses providing care to patients who suffer from Alzheimer's disease, dementia or other similar disability that may cause disorientation. A barrier with a minimum height of six (6) feet, along the perimeter of any portion of the site that is accessible to these patients shall be provided. The fencing material shall meet the swimming pool fence requirements of the building code in accord with title 10 of this Code.

(Ord. 05-1170, 8-30-2005, eff. 9-15-2005)

A.

Public recreation and community centers. The use shall meet the standards in accord with section 11-4-3-2, "arts, entertainment or recreation facility, indoors and outdoors", of this chapter.

B.

Public or quasi-public office. The use shall meet the standards for office use in accord with the district in which the use is located.

(Ord. 05-1170, 8-30-2005, eff. 9-15-2005)

A.

Accessory uses directly related to the maintenance and fueling of vehicles (including, but not limited to, truck and trailer washing, fuel pumps, garages for minor repair) may be allowed.

B.

Installation of underground fuel tanks shall require written approval from the Idaho division of environmental quality, Idaho department of water resources, and the appropriate fire authority.

C.

No portion of the outside storage areas and/or outside activity areas may be visible from any highway, interstate, gateway corridor, principal arterial, or minor arterial as herein defined.

D.

All driveways into and through the facility and any open area with a driving surface shall be surfaced with a dustless material including, but not limited to, asphalt, concrete, pavers or bricks.

E.

For any use requiring the storage of fuel or hazardous material, the use shall be located a minimum of one thousand (1,000) feet from a hospital.

(Ord. 05-1170, 8-30-2005, eff. 9-15-2005)

A.

The site shall be screened from the street(s) by a screen composed of a masonry or concrete wall planted on the exterior side with a vegetative screen. The screen shall be of sufficient height so that no storage containers shall be visible above the required screening.

B.

All grounds and facilities shall be maintained in an orderly manner so as not to create a public nuisance.

C.

All mechanical equipment emissions; power driven processing (including, but not limited to, aluminum foil and can compacting, baling, plastic shredding, or other processing activities necessary for efficient temporary storage and shipment of materials); and/or other outdoor activity areas shall be located a minimum of three hundred (300) feet from any abutting residential districts. If the use does not meet the minimum setback, or in the opinion of the director there are questions regarding the adequacy of the mitigation of noise, emissions and/or blowing debris from the site, the use shall be subject to a conditional use permit.

D.

All driveways into and through the facility and any open area with a driving surface shall be surfaced with a dustless material including, but not limited to, asphalt, concrete, pavers or bricks.

E.

For any use requiring the storage of fuel or hazardous material, the use shall be located a minimum of one thousand (1,000) feet from a hospital.

F.

Additional standards for recycling centers:

1.

Any container provided for after-hours donation of recyclable materials shall be a minimum of fifty (50) feet from any abutting residential district, shall be of sturdy, rustproof construction, and shall have sufficient capacity to accommodate materials collected.

2.

Except for after-hours donation containers, no unsorted material shall be stored outside.

(Ord. 05-1170, 8-30-2005, eff. 9-15-2005)

A.

All outdoor storage of material shall be maintained in an orderly manner so as not to create a public nuisance.

B.

Stored items shall not block sidewalks or parking areas and may not impede vehicular or pedestrian traffic.

C.

The site shall not be used as a "vehicle wrecking or junk yard" as herein defined.

D.

For any use requiring the storage of fuel or hazardous material, the use shall be located a minimum of one thousand (1,000) feet from a hospital.

E.

For properties in industrial districts, the following standards shall apply.

1.

For properties that are adjacent to nonindustrial properties and/or public streets, outdoor storage of materials, equipment, inventory, and/or supplies shall be incorporated into the overall design of buildings and site landscaping so that the visual impacts of these functions are fully contained and screened from view of adjacent nonindustrial properties and/or public streets by a solid fence and/or wall with a minimum height of six (6) feet. Such fence and/or wall shall be constructed of complementary or of similar design and materials of the primary structure.

2.

For properties that adjoin the railway corridor, in addition to the standards of subsection (E)(1) of this section, outdoor storage of materials, equipment, inventory, and/or supplies shall be screened from the edge of the required street buffer a distance of one hundred (100) feet from the edge of right-of-way parallel to the railway corridor.

3.

For properties where subsections (E)(1) and/or (E)(2) of this Section do not apply, outdoor storage areas do not need to be screened.

(Ord. 09-1420, 6-23-2009, eff. 6-23-2009)

A.

Storage units and/or areas shall not be used as dwellings or as a commercial or industrial place of business. The manufacture or sale of any item by a tenant from or at a self-service storage facility is specifically prohibited.

B.

On site auctions of unclaimed items by the storage facility owners shall be allowed as a temporary use in accord with Chapter 3, Article E, "temporary use requirements", of this Title.

C.

The distance between structures shall be a minimum of twenty-five (25) feet.

D.

The storage facility shall be completely fenced, walled, or enclosed and screened from public view. Where abutting a residential district or public road, chainlink shall not be allowed as fencing material.

E.

If abutting a residential district, the facility hours of public operation shall be limited to 6:00 a.m. to 11:00 p.m.

F.

A minimum twenty-five-foot wide landscape buffer shall be provided where the facility abuts a residential use, unless a greater buffer width is otherwise required by this title. Landscaping shall be provided as set forth in subsection 11-3B-9.C of this Title.

G.

If the use is unattended, the standards in accord with Section 11-3A-16, "self-service uses", of this Title shall also apply.

H.

The facility shall have a second means of access for emergency purposes as determined by the Fire Marshal.

I.

All outdoor storage of material shall be maintained in an orderly manner so as not to create a public nuisance. Materials shall not be stored within the required yards. Stored items shall not block sidewalks or parking areas and may not impede vehicular or pedestrian traffic.

J.

The site shall not be used as a "vehicle wrecking or junk yard" as herein defined.

K.

For any use requiring the storage of fuel or hazardous material, the use shall be located a minimum of one thousand (1,000) feet from a hospital.

(Ord. 13-1555, 5-14-2013; Ord. No. 22-2001, § 22, 11-1-2022)

A.

The use shall be located with direct access on a principal arterial or near an interstate interchange, and with no access through residential streets.

B.

No outdoor activity area shall be located within three hundred (300) feet from any residential district.

C.

The use shall be located a minimum of one thousand (1,000) feet from any hospital.

D.

Accessory uses directly related to the maintenance and fueling of vehicles (including, but not limited to, truck and trailer washing, fuel pumps, garages for minor repair) may be allowed.

E.

Installation of underground fuel tanks shall require written approval from the Idaho Division of Environmental Quality, Idaho Department of Water Resources, and the Meridian City Fire Department.

(Ord. 05-1170, 8-30-2005, eff. 9-15-2005)

A.

Outside storage and outside activity areas shall comply with section 11-3A-14, "outdoor storage as an accessory use", of this title. The closed vision fence or wall and screening materials shall be a minimum of ten (10) feet in height.

B.

No portion of the vehicle impound yard, outside storage areas and/or outside activity areas may be visible from any highway, interstate, gateway corridor, principal arterial, or minor arterial as herein defined.

C.

All materials or parts shall be stored and located within the closed vision fence or walled area. No vehicles or materials shall be stored so they exceed the height of the fence or wall.

D.

The use shall not constitute a junkyard as herein defined.

(Ord. 05-1170, 8-30-2005, eff. 9-15-2005)

A.

Where adjoining a residential property or district, all repair activities (including, but not limited to, open pits and lifts) shall occur within an enclosed structure.

B.

Inoperable or dismantled motor vehicles shall be stored behind a closed vision fence, wall, or screen or within an enclosed structure and shall not be visible from the street.

(Ord. 05-1170, 8-30-2005, eff. 9-15-2005)

A.

Vehicle repair may be allowed as an accessory use, subject to the standards for vehicle repair, major and minor, in the district where the use is located.

B.

Inoperable or dismantled motor vehicles shall be stored behind a closed vision fence, wall, or screen or within an enclosed structure and shall not be visible from any street.

C.

Automotive sales and rental areas shall be subject to the minimum perimeter landscape requirement of parking areas in chapter 3, article B, "landscaping requirements", of this title.

D.

In addition to chapter 3, article B, "landscaping requirements", of this title, one (1) square foot of landscaping for every fifty (50) square feet of vehicle display area shall be provided.

E.

Vehicle display pads are prohibited in the required landscape buffers.

F.

Vehicle display areas shall incorporate design features including, but not limited to, landscape islands, curbing, and pedestrian walkways, that define main drive aisles and internal circulation patterns.

(Ord. 14-1592, 1-21-2014; Ord. No. 20-1896, § 1, 9-22-2020)

A.

A site plan shall be submitted that demonstrates safe pedestrian and vehicular access and circulation on the site and between adjacent properties. At a minimum, the plan shall demonstrate compliance with the following standards:

1.

Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of-way by patrons.

2.

The stacking lane shall be a separate lane from the circulation lanes needed for access and parking.

3.

The stacking lane shall not be located within ten (10) feet of any residential district or existing residence.

4.

A letter from the transportation authority indicating the site plan is in compliance with the highway district standards and policies shall be required.

B.

Within the industrial districts, a vehicle washing facility shall be allowed only as an accessory use to a gasoline or diesel fuel sales facility for use by nonpassenger vehicles. The vehicle washing facility shall be limited in capacity to a single vehicle. The intent is to discourage facilities that cater to passenger vehicles.

C.

Any use that is not fully enclosed shall be located a minimum of one hundred (100) feet from any abutting residential district, and shall be limited in operating hours from 6:00 a.m. to 10:00 p.m.

D.

If the use is unattended, the standards set forth in section 11-3A-16 of this title shall also apply.

(Ord. 05-1170, 8-30-2005, eff. 9-15-2005; Ord. 11-1482, 4-26-2011, eff. 5-2-2011)

A.

All outdoor storage of material, equipment, inventory, and/or supplies shall be conducted in an orderly manner. It shall be unlawful to conduct outdoor storage of materials, equipment, inventory and/or supplies in a manner that.

1.

Creates a public nuisance, visual blight, or acoustic impacts.

2.

Blocks, impedes or overlaps any sidewalks and/or vehicular traffic.

B.

No portion of the vehicle impound yard, outside storage areas and/or outside activity areas may be visible from any highway, interstate, principal arterial, or minor arterial.

C.

Outdoor storage of materials, equipment, inventory, and/or supplies shall be incorporated into the overall design of buildings and site landscaping so that the visual impacts of these functions are fully contained and screened from view of adjacent properties and/or public streets by a solid fence and/or wall with a maximum height of eight (8) feet. Such fence and/or wall shall be constructed of complementary or of similar design and materials of the primary structure. No materials, equipment, inventory, and/or supplies shall be stored so they exceed the height of the fence or wall.

D.

All structures or outside activity areas shall be located a minimum of three hundred (300) feet from any property line. The use shall be located a minimum of one thousand (1,000) feet from any residential district.

E.

An area for processing vehicles as they are brought to the site shall be designated on a site plan. The processing area shall be an impermeable surface that has a means to collect and properly dispose of oils and fluids in the vehicles.

F.

The applicant shall obtain all necessary permits for the storage of materials on the site, including, but not limited to, oil, hazardous waste, and tires.

G.

No person shall establish, operate, or maintain a vehicle wrecking yard, any portion of which is within one thousand (1,000) feet of the nearest edge of the right-of-way and visible from any highway, interstate, principal arterial, or minor arterial as herein defined. See Idaho Code § 40-313.

(Ord. 05-1170, 8-30-2005, eff. 9-15-2005; Ord. 10-1439, 1-12-2010, eff. 1-18-2010)

A.

A vertically integrated residential project shall be a structure that contains at least two (2) stories.

B.

A minimum of twenty-five (25) percent of the gross floor area of a vertically integrated project shall be residential dwelling units, outdoor patio space on the same floor as a residential unit may count towards this requirement.

C.

A minimum of ten (10) percent of the gross floor area of a vertically integrated project shall be used for nonresidential uses as specified in subsection E below.

D.

The minimum building footprint for a detached vertically integrated residential project shall be two thousand four hundred (2,400) square feet.

E.

The allowed nonresidential uses in a vertically integrated project include: arts, entertainment or recreation facility; artist studio; civic, social or fraternal organizations; daycare facility; drinking establishment; education institution; financial institution; healthcare or social assistance; industry, craftsman; laundromat; nursing or residential care facility; personal or professional service; public or quasi-public use; restaurant; retail; or other uses that may be considered through the conditional use permit process.

F.

None of the required parking shall be located in the front of the structure.

G.

A minimum of fifty (50) square feet of private, usable open space shall be provided for each residential dwelling unit. This requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Landscaping, entryway and other accessways shall not count toward this requirement. The Director may consider an alternative design proposal through the alternative compliance provisions as set forth in Section 11-5B-5 of this title.

(Ord. 05-1170, 8-30-2005, eff. 9-15-2005; Ord. No. 22-2001, § 23, 11-1-2022; Ord. No. 23-2037, § 8, 10-3-2023)

A.

Accessory uses allowed. Office not to exceed twenty-five (25) percent and retail sales not to exceed ten (10) percent of the total enclosed area of the use.

B.

Outside activity areas shall be located a minimum of three hundred (300) feet from any property line adjoining a residence or a residential district.

(Ord. 05-1170, 8-30-2005, eff. 9-15-2005)

A.

Purpose. The purpose of this section is to accommodate the communications needs of the City of Meridian's residents and businesses while at the same time protecting the safety, aesthetic appeal and general welfare of the community. Furthermore, it is the purpose of this section to regulate the impact of communication towers within the city limits and to provide for the wireless communication needs of the public.

The intent of this section is to:

1.

Facilitate the provision of wireless telecommunication services to the residents and businesses of the City of Meridian.

2.

Minimize the adverse visual effects of communication towers and other similar structures through careful design standards.

3.

Avoid potential damage to adjacent properties from the structural failure of towers and other such structures through structural standards and setback requirements.

4.

Require the collocation of new wireless communication equipment, when possible, in order to reduce the number of towers required to serve the city.

5.

Encourage the location of wireless communication facilities in nonresidential districts and/or districts where nonresidential uses are allowed.

6.

Encourage the construction of stealth communication towers which are compatible with their surroundings and do not detract from the overall visual quality of the city.

B.

Applicability. The following provisions shall apply to any construction, installation, addition to or increase in the height of any wireless communication tower.

C.

Process. The process for wireless communication facilities is dependent upon standards as set forth in this section and the district in which the facility is located:

1.

All proposed communication towers shall be designed (structurally and electrically) to accommodate the applicant's antennas as well as collocation for at least one (1) additional user.

2.

A proposal for a new commercial communication tower shall not be approved unless the decision making body finds that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved structure and/or tower.

3.

It shall be the burden of the applicant to demonstrate the proposed tower or antenna cannot be accommodated on an existing or approved tower or structure: One (1) or more of the following documentation shall be provided as proof that the new tower is necessary:

a.

Unwillingness of other tower or facility owners to entertain shared use.

b.

The proposed collocation of an existing tower or facility would be in violation of any state or federal law.

c.

The planned equipment would exceed the structural capacity of existing towers, as documented by a qualified and licensed structural engineer.

d.

The planned equipment would cause interference, materially impacting the usability of other existing or planned equipment on the tower as documented by a qualified and licensed engineer.

e.

Existing or approved towers cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified radio frequency engineer.

4.

Collocation of new equipment shall meet the following standards.

a.

Collocation of new equipment on an existing approved tower within any district shall be deemed a principal permitted use and shall require a certificate of zoning compliance prior to installation.

b.

Any new equipment shall be mounted to the following:

(1)

Existing poles or streetlights.

(2)

Buildings.

(3)

Towers.

c.

Where the applicant does not own the supporting structure, antennas attached to support structures shall be allowed only after securing written documentation from the owner and other responsible parties, as applicable.

d.

Streetlight mounted antennas shall meet the following standards:

(1)

Streetlights or poles with attached antennas shall be separated by a minimum of five hundred (500) feet.

(2)

Antennas attached to streetlights or other city owned poles shall be constructed so the existing foundation can support the antenna and the pole. The public works director shall determine if the benefit derived from the new antenna is greater than the maintenance and increased utility fees associated with the antenna.

(3)

Antennas attached to streetlights or poles shall not exceed ten (10) feet above the structure.

(4)

Antennas attached to streetlights shall be designed to be architecturally compatible with the structure or to match the color of the streetlight or pole and shall be attached only to Meridian standard streetlights (not on ornamental fixtures).

e.

Roof-mounted antennas shall meet the following standards:

(1)

Roof-mounted antennas shall only be allowed on structures with commercial, industrial, or allowed nonresidential uses.

(2)

Roof-mounted antennas shall only be located on a flat roof and shall be screened, constructed, and/or colored to match the structure to which the antenna is attached.

(3)

All roof-mounted antennas shall be screened as viewed from the farthest edge of the adjoining right-of-way.

f.

Wall-mounted antennas shall meet the following standards:

(1)

Wall-mounted antennas shall be allowed only on structures with commercial, industrial, or allowed nonresidential uses.

(2)

Wall-mounted antennas shall not extend above the wall line of the structure.

(3)

Wall-mounted antennas shall not exceed forty (40) square feet in size and the maximum distance from the wall shall not exceed four (4) feet per sector.

(4)

A maximum of four (4) wall-mounted antennas shall be allowed per structure per sector.

(5)

A maximum of three (3) sectors are allowed per structure.

(6)

Wall-mounted antennas and associated equipment shall be constructed of a stealth design to match the color of the structure and to be architecturally compatible with the building.

g.

Any facilities not meeting these standards shall require approval of a conditional use permit, in addition to any other necessary permits.

5.

Stealth tower facilities shall meet the following standards:

a.

Stealth towers in residential districts with allowed nonresidential uses shall require conditional use permit approval. In all other districts, stealth towers shall be deemed a principally permitted use and shall require a certificate of zoning compliance prior to installation.

b.

Facilities shall meet the setbacks of the zoning district, except for facilities on a property abutting a residential use or a public right-of-way shall be set back a distance equal to the height of the tower.

c.

Any facilities not meeting these standards shall require approval of a conditional use permit, in addition to any other necessary permits.

6.

Slimline tower facilities shall meet the following standards:

a.

Slimline towers in residential districts with allowed nonresidential uses shall require conditional use permit approval. In all other districts, slimline towers shall be deemed a principally permitted use and shall require a certificate of zoning compliance prior to installation.

b.

Facilities on a property abutting a residential use shall be set back a minimum of one hundred fifty (150) feet.

c.

Facilities in all other districts shall meet the setbacks of the zoning district, except for facilities on a property abutting a public right-of-way shall be set back a distance equal to the height of the tower.

d.

The maximum visible width of antennas and antenna support structures on a slimline tower shall not exceed eight (8) feet in height and four (4) feet in width.

e.

Any facilities not meeting these standards shall require approval of a conditional use permit, in addition to any other necessary permits.

7.

Full array tower facilities shall meet the following standards:

a.

Full array towers in industrial districts shall be deemed a principally permitted use and shall require a certificate of zoning compliance prior to installation. Full array towers are prohibited in all other districts.

b.

Facilities on a property abutting a residential use shall be set back a minimum of one hundred fifty (150) feet.

c.

Facilities on a property abutting a public right-of-way shall be set back a distance equal to the height of the tower.

d.

Any facilities not meeting these standards shall require approval of a conditional use permit, in addition to any other necessary permits.

8.

Lattice or guyed designed structures are prohibited unless approved through the conditional use process.

9.

Amateur radio antennas (i.e., ham radio antennas) shall meet the following standards:

a.

Towers supporting amateur radio antennas that do not exceed the maximum building height limit for the district in which they are located shall be deemed an accessory use and shall require certificate of zoning compliance approval prior to installation.

b.

Towers supporting amateur radio antennas that exceed the building height limit for the district in which they are located shall require conditional use approval.

c.

Within residential districts, no towers supporting amateur radio antennas shall be placed within the required front, side or street side yard.

d.

Within nonresidential districts, towers supporting amateur radio antennas on a property abutting a residential district with a residential use, a residential district, or a public right-of-way shall be set back a minimum of one hundred fifty (150) feet.

10.

All other wireless communication facilities that do not meet the standards as set forth in this section shall require conditional use approval.

D.

Required documentation. The applicant shall provide the following documentation with the request for approval of a wireless communication facility.

1.

For all wireless communication facilities, a letter of intent committing the tower owner and his, her or its successors to allow the shared use of the tower, as required by this section, if an additional user agrees in writing to meet reasonable terms and conditions for shared use.

2.

Propagation charts showing existing and proposed transmission coverage at the subject site and within an area large enough to provide an understanding of why the facility needs to be in the chosen location.

3.

A statement regarding compliance with regulations administered and enforced by the federal communications commission (FCC) and/or the federal aviation administration (FAA).

E.

Design standards. All new communications towers shall meet the following minimum design standards:

1.

All towers shall be designed to be architecturally compatible with the surrounding buildings and land uses in the zoning district, or otherwise integrated to blend in with existing characteristics of the site.

2.

The facility shall be painted a neutral, nonreflective color that will blend with the surrounding landscape. Recommended shades are gray, beige, sand, taupe, or light brown. All metal shall be corrosive resistant or treated to prevent corrosion.

3.

All new communication tower facilities shall be of stealth or monopole design, unless the decision-making body determines that an alternative design would be appropriate because of location or necessity.

4.

No part of any antenna, disk, array or other such item attached to a communications tower shall be permitted to overhang any part of the right-of-way or property line.

5.

The facility shall not be allowed within any required street landscape buffer.

6.

All new communication tower facility structures require administrative design review approval, in addition to any other necessary permits. Structures contained within an underground vault are exempt from this standard.

7.

Any equipment at ground level shall be screened by a sight obscuring fence or structure.

8.

All tower facilities shall include a landscape buffer. The buffer shall consist of a landscape strip of at least five (5) feet wide outside the perimeter of the compound. A minimum of fifty (50) percent of the plant material shall be of an evergreen variety. In locations where the visual impact of the tower is minimal, the applicant may request a reduction to these standards through the alternative compliance process in accord with chapter 5, "administration", of this title.

9.

All climbing pegs within the bottom twenty (20) feet of the tower shall be removed except when the tower is being serviced.

F.

Abandoned or unused towers or portions of towers. All abandoned or unused towers and associated facilities shall be required to be removed within sixty (60) days of cessation of use as a wireless communication facility, unless a time extension is granted by the City Council. A copy of the relevant portions of a signed lease, which requires the applicant to remove the tower and associated facilities upon cessation of the use as a wireless communication facility, shall be submitted at the time of application and resubmitted upon renewal or termination. In the event that the tower and associated facilities are not removed within the sixty (60) days, the tower and associated facilities may be removed by the city and the costs of removal assessed against the real property.

(Ord. 12-1514, 5-16-2012, eff. 5-21-2012; Ord. No. 21-1950, §§ 11, 12, 10-10-2021)

A.

The applicant shall maintain a current wine and beer sales permit for on premises consumption (which includes retail sales). Liquor sales shall be prohibited.

B.

Applicant shall comply with all state, county, and local laws regarding serving alcohol, including, but not limited to, designating specific areas for consumption and posting such areas as age restricted.

C.

Wine and beer servings shall be limited to the following time periods: 11:00 a.m. to 10:00 p.m. Store hours of operation are not limited unless otherwise restricted by this title.

(Ord. 11-1492, 9-6-2011, eff. 9-12-2011)

A.

No outdoor storage of material shall be allowed. All materials shall be stored indoors.

B.

Adequate off-street area shall be provided for fleet vehicle storage.

1.

Fleet vehicle storage shall only be on surfaces composed of one (1) of the following materials: concrete, asphalt, grasscrete, pavers, bricks, macadam, or recycled asphalt.

2.

Fleet vehicle storage shall not block sidewalks or parking areas and may not impede vehicular or pedestrian traffic.

3.

Fleet vehicle storage shall be screened with a six-foot sight obscuring fence, or fleet vehicle storage shall be designed as an off street parking area consistent with the standards as set forth in sections 11-3C-5 and 11-3B-8 of this title.

C.

The site shall not be used as a "contractor's yard" as herein defined.

D.

The site shall not be used as a "vehicle wrecking or junk yard" as herein defined.

E.

The site shall not be used as a "terminal, freight or truck" as herein defined.

(Ord. 11-1494, 9-6-2011, eff. 9-12-2011)

A.

The building or tenant space shall not exceed a gross floor area of five thousand (5,000) square feet. In the commercial, industrial and traditional neighborhood districts additional square footage may be approved with a conditional use permit. In no case shall the maximum square footage in any of these districts exceed ten thousand (10,000) square feet.

B.

In the commercial districts, a conditional use permit shall be required when the use is located within three hundred (300) feet of a residential district or existing residence.

C.

In the commercial and traditional neighborhood districts, the dining area, tasting area, retail showroom or any combination thereof, shall comprise a minimum of twenty-five (25) percent of the building and/or tenant space, as applicable.

D.

In the industrial districts, the dining area, tasting area and the retail showroom or any combination thereof, shall not exceed more than twenty-five (25) percent of the building and/or tenant space, as applicable.

E.

Storage of materials used in the production process shall only be permitted within a completely enclosed structure. Other outdoor storage areas not associated with the production process shall comply with Section 11-3A-14, "outdoor storage as an accessory use", of this Title. Outdoor storage is prohibited in the traditional neighborhood districts.

F.

Mechanical equipment associated with the manufacturing of the beverage may be reviewed and approved as an integrated architectural element of the building through administrative design review as a design standards exception.

G.

Alcohol servings shall be limited to the following time periods: 11:00 a.m.to 10:00 p.m.

(Ord. 18-1762, 1-23-2018)

A.

The facility is encouraged to accompany or be a component of a single-family or multi-family residential development with a conditional use permit in an R-15 or R-40 Zone.

B.

The size of the facility shall be limited to thirty-five (35) percent of a residential development not to exceed a maximum of eight (8) acres.

C.

The location of the facility may be located along an arterial roadway as a buffer to a residential development, but shall not take direct access from an arterial. Access to the facility shall be from a collector or local street only.

D.

The hours of operation shall be limited to 6:00 a.m. to 10:00 p.m.

E.

The use shall be limited to individual storage compartments which shall be used for residential related personal property including vehicles.

F.

Storage units shall not be used as dwellings or as a commercial or industrial place of business. The manufacture or sale of any item by a tenant from or at a residential storage facility is specifically prohibited.

G.

The distance between structures shall be a minimum of twenty-five (25) feet. The maximum height of the buildings shall not exceed thirty-five (35) feet.

H.

The storage facility shall be fully enclosed and screened from public view.

I.

A minimum twenty-foot-wide landscape buffer shall be provided along a collector or local road and a twenty-five-foot-wide buffer adjacent to residential development. Landscaping shall be provided as set forth in subsection 11-3B-7.C and 11-3B-9C of this Title.

J.

The facility shall have a second means of access for emergency purposes approved by the Meridian Fire Department.

K.

No outside storage area shall be allowed. Materials shall not be stored within the required yards.

L.

Buildings shall be designed to the architectural character of the residential area. The building design shall comply with the traditional neighborhood district (TND) design standards set forth in the City of Meridian Architectural Standards Manual.

M.

Signage for the facility shall comply with subsection 11-3D-8.C, "business signs for multifamily developments and allowed nonresidential uses", of this Title.

N.

On-site auctions of unclaimed items by the storage facility owners shall be allowed as a temporary use in accord with title 3, chapter 4, "outdoor sales and temporary uses", of this Code. The hours of the on-site auctions shall be limited to daylight hours (sunrise and sunset) and specified on the temporary use permit application submitted to the Clerk's Office.

O.

On-site management or contact information for on-call management shall be provided for the storage facility. If the use is unattended, the standards in accord with Section 11-3A-16, "self-service uses", of this Title shall also apply. The application materials shall also include a security plan for the proposed facility.

P.

No storage of fuel or hazardous materials shall be allowed.

Q.

The site shall not be used as a "vehicle wrecking or junk yard" as herein defined in Section 11-1A-1 of this Title.

(Ord. 19-1831, 7-9-2019)

A.

No indoor shooting range shall be allowed within three hundred (300) feet, measured from property line to property line, of a residential use or district, daycare center, education institution, hospital, library or nursing or residential care facility.

B.

Accessory uses including, but not limited to, retail, equipment rental and restaurants are allowed if designed to serve patrons of the use only.

The application shall include a sound study prepared by a licensed sound engineer that demonstrates how the proposed use will address the impact of noise on adjoining uses. Any adverse effects shall be mitigated through setbacks, buffers, sound mitigation and/or hours of operation.

(Ord. 19-1833, 7-9-2019)

A.

Parking.

1.

At a minimum, one (1) parking space shall be provided for every two hundred fifty (250) square feet of gross floor area.

Upon any change of use for an existing building or tenant space, a detailed parking plan shall be submitted that identifies the available parking for the overall site that complies with the requirements of this title.

(Ord. 19-1833, 7-9-2019)

A.

A live/work structure shall not exceed three thousand (3,000) square feet.

B.

The nonresidential area shall be limited to the first floor only and not exceed fifty (50) percent of the gross floor area of the structure.

C.

The nonresidential area shall be used by the occupant of the dwelling. No more than five (5) employees shall occupy the area at any one time.

D.

Parking standards shall comply with the vertically integrated residential project standards.

E.

The allowed nonresidential uses in a live/work project include: Arts, entertainment or recreational facility artist studio, and personal or professional service, retail; other uses may be considered through a conditional use permit.

(Ord. No. 22-2001, § 24, 11-1-2022)

A.

If abutting a residential district, hours of operation shall be limited from 6:00 a.m. to 11:00 p.m.

B.

Food trucks shall have a clean appearance at all times.

C.

The food truck operator shall obtain any and all applicable licenses, permits, certifications, and inspections from the Central District Health Department and the City of Meridian Fire Department prior to operating on the site.

D.

Each food truck must have access to all utilities necessary to operate the unit.

E.

The site must have permanent restrooms. Portable restrooms are prohibited.

F.

The site must have a designated indoor or outdoor seating area.

G.

Two (2) parking spaces shall be provided for each food truck.

H.

The property owner must provide trash receptacles and waste removal adjacent to each tenant. On site dumpsters shall be screened in accordance with section 11-3A-12 of this title.

I.

Mobile structures, such as sheds, are prohibited.

(Ord. No. 24-2062, § 11, 10-8-2024)

A.

The site plan for the primary business shall include a defined food truck location.

B.

Hours of operation shall be limited to the hours of the primary business.

C.

The food truck shall maintain a clean appearance at all times and have exterior colors compatible with the primary business.

D.

The food truck operator shall obtain any and all applicable licenses, permits, certifications, and inspections from the Central District Health Department and the City of Meridian Fire Department prior to operating on the site.

E.

The food truck must have access to all utilities necessary to operate the unit.

F.

The food truck operator must have access to the public restroom facilities of the primary business. Portable restrooms are prohibited.

G.

The property owner must provide trash receptacles and waste removal for the operator.

H.

The food truck is prohibited in the required landscape buffers.

I.

The food truck shall not reduce the number of required off street parking spaces for the primary business.

(Ord. No. 24-2062, § 12, 10-8-2024)