The purpose of this chapter is to set forth the roles, responsibilities and processes in the administration of permits that are authorized by this title and consistent with Idaho Code § 67-6502 et seq., as amended.

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

A.

All applications shall be administered in accord with article A, "general provisions", of this chapter.

B.

All applications shall be administered in accord with article B, "specific provisions", of this chapter.

C.

Surety agreements shall be in accord with article C, "surety agreements", of this chapter.

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

The purpose of this chapter is to set forth the roles, responsibilities, and processes in the administration of permits that are authorized by this title consistent with Idaho Code § 67-6502 et seq., as amended.

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

A.

City Council. The Meridian City Council shall have the authority to set policy and legislation affecting land use and the administration of this title. The City Council shall act on recommendations from the planning and zoning commission in legislative and quasi-judicial matters and serve as a review authority on appeals of discretionary and administrative actions. (See table 11-5A-2 of this section.)

B.

Planning and Zoning Commission. The Planning and Zoning Commission shall be the designated planning agency for the city. The Planning and Zoning Commission shall be responsible for final action on discretionary permits and for recommendations to the City Council on land use legislation, comprehensive plan amendments and quasi-judicial matters. In addition to the duties listed in title 1 of this Code, the duties of the Planning and Zoning Commission regarding implementation of this title shall be as follows:

1.

Provide for citizen meetings, hearings, surveys, or other methods to obtain advice on the planning process, comprehensive plan, and implementation;

2.

Conduct informational meetings and consult with public officials and agencies, public utility companies, and civic, educational, professional, or other organizations;

3.

Promote a public interest in and understanding of the commission's activities;

4.

Make recommendations to the council concerning the comprehensive plan, planning process, or implementation of the comprehensive plan; and

5.

Conduct public hearings and make decisions and recommendations based on the required findings and standards to the City Council for applications in accord with table 11-5A-2 of this section.

C.

Community Development Director or designee. The director shall be appointed by the Mayor and confirmed by a majority of the City Council as the administrative official for this Unified Development Code. The Director or his or her authorized staff shall administer and enforce this title and fulfill all the duties imposed by law including, but not limited to:

1.

The Director shall make interpretations in the enforcement and administration of this title (see table 11-5A-2 of this section) including, but not limited to, those in this article and the following:

a.

Conduct investigations of structures and use of property as are necessary to determine compliance with the regulations of this title;

b.

Order the abatement of violations of this title and aid in prosecuting such violations;

c.

Withhold any certificate of zoning compliance or administrative design review approvals on any property where structures or uses are in violation of this Unified Development Code; and

d.

Enforce penalties for violations in accord with section 11-1-11 of this title.

2.

The Director shall provide information to the public on planning, and zoning, matters.

3.

The Director with the City Clerk shall receive and examine applications including, but not limited to, the following:

a.

With the consent of the owner, enter upon any property to make examinations and surveys;

b.

Maintain records of all materials and correspondence related to land use applications;

c.

Transmit to outside agencies and provide written notice to surrounding property owners on all commission and Council hearings;

d.

Maintain records of the commission and Council hearings and actions thereon;

e.

Transmit to the commission or Council all applications related to this title.

4.

The Director shall issue certificates of zoning compliance.

5.

The Director shall review and act on requests for alternative compliance as identified in section 11-5B-5, table 11-5B-5 of this chapter.

6.

The Director may convene a committee of design professionals to provide recommendations on the interpretation and application of the guidelines contained in the "City of Meridian Architectural Standards Manual". The committee may also review and make recommendations on alternative compliance requests related to administrative design review. The Director shall review and act on recommendations from the committee and shall issue a final determination.

D.

Design Professionals Committee. The Design Professionals Committee, a group of design professionals selected from the general area of the Treasure Valley, shall convene to offer recommendations to the Director on administrative design review matters. Members of the committee shall be licensed architects or landscape architects. The committee shall be comprised of no more than five (5) and not less than three (3) members and shall meet as needed by the Director.

E.

Summary of actions and authority. The following is a summary list of the actions that the city shall take in administration of this title, the body responsible for the action, and reference to the process under which the action shall be taken:

TABLE 11-5A-2
DECISION MAKING AUTHORITY AND PROCESS BY APPLICATION

(Ord. 05-1170, 8-30-2005, eff. 9-15-2005; Ord. 06-1241, 7-5-2006, eff. 7-15-2006; Ord. 07-1325, 7-10-2007; Ord. 09-1394, 3-3-2009, eff. retroactive to 2-4-2009; Ord. 10-1463, 11-3-2010, eff. 11-8-2020; Ord. 11-1482, 4-26-2011, eff. 5-2-2011; Ord. 12-1514, 5-16-2012, eff. 5-21-2020; Ord. 16-1672, 2-16-2016; Ord. 18-1762, 1-23-2018Ord. No. 22-2001, § 25, 11-1-2022)

A.

Purpose. The purpose of this section is to outline the general application process for a permit or decision under provisions of this title.

B.

Application requirements.

1.

All persons making application for permits and decisions in accord with this title shall submit an application to the Director on forms approved by the Planning and Zoning Commission and provided by the Planning Department.

2.

Prior to the commencement of any substantive changes to the application requirements, the Director shall submit the changes to the Planning and Zoning Commission to be considered as an agenda item at a noticed hearing.

C.

Determination of completeness.

1.

An application shall contain all information deemed necessary by the Director to determine if the proposed permit or action will comply with the requirements of the applicable district or development regulation.

2.

Upon receipt of a complete application, the city will issue a notice of application acceptance and completion.

3.

The Director shall assign a file number and begin processing the application once the application is deemed complete.

D.

Fee. All complete applications shall be accompanied by a filing fee in an amount established by city ordinance or resolution.

E.

Resubmitted. No application that has been denied by the Director, the commission, or the Council shall be resubmitted, in substantially the same form for the same use, within one (1) year from the date of denial. The Director may waive the one-year requirement and accept a new application, where the subject property is affected by amendments to the comprehensive plan or to this title.

F.

Request for City Council review. The City Council may be asked to review any decision of the Director or the commission by an applicant, any affected person or a City Council member through the provisions set forth in section 11-5A-7, "City Council review process", of this article.

(Ord. 05-1170, 8-30-2005, eff. 9-15-2005) (Ord. 06-1241, 7-5-2006, eff. 7-15-2006; Ord. No. 23-2037, § 9, 10-3-2023)

A.

For purposes of this section, "affected person" shall include:

1.

The applicant;

2.

Property owners of record within one hundred (100) feet of the exterior boundary of the application property, and

3.

Any person with a bona fide interest in real property that may be affected by a land use decision pertaining to the applicant's request, provided that the person requests, in writing, such status.

B.

Where the process specified by Section 11-5A-2, Table 11-5A-2 of this article is administrative with public notice.

1.

Prior to submittal of an application, the applicant shall hold a neighborhood meeting in accord with subsection 11-5A-6C of this article, except that notice of such neighborhood meeting shall be provided to all property owners of record within one hundred (100) feet of the exterior boundary of the application property.

2.

Upon submission of a complete application, the community development director or designee shall review such application and shall:

a.

Prepare a final decision of denial, which decision shall be supported by written findings of fact and conclusions of law in accord with I.C. 67-6519; or

b.

Prepare a final decision of approval, which decision shall be supported by written findings of fact and conclusions of law in accord with I.C. 67-6519 and shall set forth any and all conditions of approval.

3.

The community development director or designee shall provide to the applicant notice of the final decision.

4.

The community development director or designee shall provide to affected persons notice of the final decision and notice of the opportunity and time within which to seek City Council review of such decision pursuant to Section 11-5A-7 of this article.

C.

Where the process specified by Section 11-5A-2, Table 11-5A-2 of this article is administrative.

1.

Upon submission of a complete application, the community development director or designee shall review such application and shall:

a.

Prepare a final decision of denial, which decision shall be supported by written findings of fact and conclusions of law in accord with I.C. 67-6519;

b.

Prepare a final decision of approval, which decision shall be supported by written findings of fact and conclusions of law in accord with I.C. 67-6519 and shall set forth any and all conditions of approval; and/or

c.

Convene the design professionals committee to provide recommendations on an administrative design review application and/or an alternative compliance request related to an administrative review application.

2.

The community development director or designee shall provide to the applicant notice of the final decision.

(Ord. 09-1394, 3-3-2009, eff. retroactive to 2-4-2009; Ord. 12-1514, 5-16-2012, eff. 5-21-2012; Ord. No. 23-2037, § 10, 10-2-2023)

A.

Scope. Decisions on requests for action requiring a public meeting are based on standards that allow limited discretion. Applicants for public meeting items are not required to have a preapplication meeting, neighborhood meeting, or post the site. The city does not mail radius notices or publish legal notices for public meetings.

B.

Public meeting. Where the process specified by section 11-5A-2, table 11-5A-2 of this article is a public meeting.

1.

Upon submission of a complete application, the community development director or designee shall review such application and shall:

a.

Place the application on a City Council meeting agenda;

b.

Refer the application to other agencies and prepare a report and recommendation;

c.

The decision-making body (see Section 11-5A-2, Table 11-5A-2 of this article) shall provide the applicant a written decision in accord with I.C. 67-6519 and 67-6535 stating the reasons for the decision reached. Conditions of approval shall be attached to the written decision or recommendation.

(Ord. 14-1623, 9-2-2014)

A.

Scope. Decisions on permits and requests for action requiring a public hearing are based on standards that require substantial discretion and are matters having broad public interest.

B.

Preapplication meeting. No more than four (4) months prior to submitting an application, applicants for permits requiring a public hearing are required to conduct a preapplication meeting with the department. Requests for City Council review do not require preapplication meetings.

C.

Neighborhood meetings.

1.

Applicants for applications requiring a public hearing are required to hold a neighborhood meeting to provide an opportunity for public review of the proposed project prior to the submittal of an application, except a neighborhood meeting is not required for city council review, a vacation, and/or short plat.

2.

Notice of the neighborhood meeting shall be provided to all property owners of record within five hundred (500) feet of the exterior boundary of the application property. Notice of the meeting shall be either hand delivered or mailed to the recipients.

3.

Notice of the meeting shall be provided at least five (5) days prior to the meeting. The meeting shall be held not more than three (3) months or less than ten (10) days prior to the submittal of an application.

4.

Neighborhood meetings shall be held Monday through Thursday (excluding holidays), and start between 6:00 p.m. and 8:00 p.m.

5.

Location of the meeting must be within five (5) miles of the project site or at Meridian City Hall.

D.

Posting of public hearing notice.

1.

Required. All applications requiring a public hearing shall be posted on the subject property, except posting is not required for a unified development code text amendment, comprehensive plan text amendment, vacation, comprehensive plan map amendment initiated by the city, and/or short plat.

2.

Time frame. Not less than ten (10) days prior to the hearing, the applicant shall post a copy of the public hearing notice of the application on the property under consideration. Except as noted herein, posting of the property must be in substantial compliance with the following requirements:

a.

Conditional use permit applications for daycare, group; city council review of accessory care in residential districts; and annexation, preliminary plat, variance, rezone, and comprehensive plan amendment applications for properties of land less than two (2) acres in size: The applicant shall post a sign consisting of one (1) 18-inch by 24-inch piece of paper mounted to a rigid surface of at least equal size, or other material stating the name of the applicant, a statement concerning the proposed development, and the date, time and location of the public hearing.

b.

All other hearings shall require the following posting notice:

(1)

The sign(s) shall consist of four-foot by four-foot plywood or other hard surface mounted on two (2) four-inch by four-inch posts, or attached to another director approved support in such a manner that it is perpendicular to the roadway along which the sign is posted and the bottom of the sign is at least three (3) feet above the ground.

(2)

Centered at the top of the four-foot by four-foot signboard(s) in six-inch letters shall be the words "Meridian Public Hearing Notice" and the date of hearing. In addition, each sign will inform the public of the nature of the hearing, the date, time and address of the hearing location, a summary of the proposal to be considered, a city contact phone number, and the name of the applicant, and if applicable, the proposed development. Each sign shall be painted white, and the letters shall be painted black and shall appear on both sides. An example of this sign is set forth below.

3.

Sign placement. The signs shall be posted securely on the land being considered along each roadway that is adjacent to the subject property boundaries. The sign(s) shall be located on the property, outside of the public right-of-way. If the sign cannot be placed on the property and still be clearly visible, the sign may be placed within the right-of-way if consent of the owner of the right-of-way can be obtained. In circumstances where placing signs per the standards listed herein is not practical the director may identify an alternative sign placement strategy.

4.

Proof of posting. A certificate of sign posting, map depicting the location(s) of the sign(s) and photograph(s) of the posting shall be provided to the city no later than seven (7) days prior to the public hearing certifying where and when the sign(s) were posted. Unless certificate is received by such date, the hearing will be continued.

5.

Sign removal. The signs shall be removed no later than three (3) days after the public hearing for which the sign had been posted is ended.

E.

Mailing and publishing of the public hearing notice.

1.

Legal notice. At least fifteen (15) days prior to the public hearing, the city shall publish a notice of the time and place and a summary of the application in the official newspaper of general circulation in Ada County.

2.

Radius notice.

a.

Time of notice. At least fifteen (15) days prior to the public hearing, the city shall send a notice by first class mail of the time and place, and a summary of the application to property owners or purchasers of record (as listed in the current records of the Ada County Assessor) owning property within five hundred (500) feet of the property being considered.

b.

Notice extended. The noticing shall be extended to property owners within one thousand (1,000) feet of the external property boundaries for heavy industries and wireless communication facilities.

c.

Notice to properties farther from external boundaries. The director may determine, or other applications provided for in this title may require, that notices be sent to property owners or purchasers of record whose properties are farther from the external boundaries of the property than those listed herein.

d.

Notice to other jurisdictions. The city shall send notice of the application to other jurisdictions with interest and/or authority over the application, including, but not limited to, the following:

(1)

Other jurisdictions with joint jurisdiction;

(2)

Appropriate utility companies, irrigation companies or districts and drainage districts;

(3)

Health and transportation authorities; and

(4)

School district.

F.

Alternate forms of notice. When posted or mailed notice is required of two hundred (200) or more property owners or purchasers of record, or when the city submits an application for a comprehensive plan map amendment, alternate forms of notice may be provided as follows:

1.

One (1) additional notice of the time and place of the hearing and summary of the proposal shall be published in a newspaper of general circulation within the county, not less than ten (10) days prior to the hearing; and/or

2.

At least seven (7) days prior to the hearing, a public service announcement shall be made available to newspapers, radio, and television stations servicing the city.

3.

The city shall send notice to other jurisdictions in accord with subsection (E) of this section.

G.

Public hearing.

1.

The City Council and/or Planning and Zoning Commission shall conduct the public hearing in accord with the procedures set forth in Title 1 of this Code.

2.

If the decision-making body (see Section 11-5A-2, Table 11-5A-2 of this article) finds that it does not have sufficient information to make a decision, it may continue the public hearing. The decision-making body may also choose to conduct a study session with all affected persosn to address questions and issues related to the application.

3.

The decision-making body (see Section 11-5A-2, Table 11-5A-2 of this article) may require or recommend conditions of approval that it deems necessary to protect the public health, safety, and welfare and/or to prevent undue adverse impacts on surrounding properties.

4.

After the conduct of the public hearing, the Planning and Zoning Commission may recommend approval, recommend denial, approve, approve with conditions, or deny the application request; the City Council may approve, approve with conditions, or deny the application request.

5.

The decision-making body (see Section 11-5A-2, Table 11-5A-2 of this article) action shall be made within seventy (70) days after receiving all information to make a decision. For applications where the commission is acting as a recommending body, the commission shall forward its recommendation to the Council within seventy (70) days.

6.

The decision-making body (see Section 11-5A-2, Table 11-5A-2 of this Article) shall provide the applicant written findings of fact and conclusions of law in accord with I.C. 67-6519 and 67-6535 stating the reasons for the decision reached. Conditions of approval shall be attached to the written decision or recommendation.

7.

If revised plans are required by Director, Commission or Council, the applicant shall provide those fifteen (15) days prior to the scheduled hearing for review and approval. If plans are not received within the established timeframe, the project may be continued to extend the review period.

(Ord. 05-1170, 8-30-2005, eff. 9-15-2005; Ord. 07-1325, 7-10-2007; Ord. 14-1623, 9-2-2014; Ord. 19-1833, 7-9-2019; Ord. No. 20-1896, §§ 2—4, 9-22-2020; Ord. No. 21-1950, §§ 13, 14, 10-10-2021; Ord. No. 23-2037, § 11, 10-3-2023; Ord. No. 24-2062, § 13, 10-8-2024)

A.

Request for City Council review of a decision of the Director or the Planning and Zoning Commission concerning the administration of this title may be made by an applicant, the Director, or an affected person.

B.

All requests for review shall be filed in writing with the department within fifteen (15) days after the written decision is issued. The request shall include the following information:

1.

The decision being requested for review;

2.

The name and address of the person requesting the review and their interest in the matter; and

3.

The specific grounds upon which the request is made.

C.

All requests for review of the action of the Director or commission, shall require a de novo public hearing before the City Council as set forth in Section 11-5A-6 of this article to reach a decision to uphold or overrule the action.

D.

By simple majority vote, the City Council may uphold or overrule the decision.

1.

In the case of consideration of a decision of the Director:

a.

If the action is overruled, the City Council shall issue a written decision and send the matter back to the Director for action consistent with the City Council's decision.

b.

If the action of the Director is upheld, the City Council shall issue a written decision stating the decision and the reasons for the decision.

2.

In the case of consideration of a decision of the commission, if the decision is overruled, the Council shall issue findings consistent with the decision.

E.

A request for City Council review stays all proceedings in furtherance of the action unless the Director certifies to the Council or commission, after notice of the request is filed, that by reason of facts stated in the application, a stay would in the Director's opinion cause imminent peril to life and property. In such cases, proceedings shall not be stayed other than by a restraining order which may be granted by the Council or court based on an application, with notice showing due cause.

F.

Within ten (10) days, after a decision has been rendered by the City Council, the Director shall send a copy of the written decision to the individual requesting the City Council review and the applicant, as may be applicable.

(Ord. 05-1170, 8-30-2005, eff. 9-15-2005; Ord. 10-1439, 1-12-2010, eff. 1-18-2010; Ord. 14-1623, 9-2-2014; Ord. No. 23-2037, § 12, 10-3-2023)

In the application of fees for the review of permit applications, the following rules shall apply:

A.

Basis for calculation. For any requested public hearing involving more than one (1) classification of a petition or application, the filing fee shall be calculated on the basis of the cumulative fee for the individual application(s).

B.

Fees not refundable. Fees to be charged for the various procedures stated above are not refundable, except where a petition or application is withdrawn at least three (3) weeks prior to the date of its scheduled public hearing, and then only after order by the City Council.

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

An applicant may request mediation consistent with Idaho Code § 67-6510.

(Ord. 07-1325, 7-10-2007; Ord. 14-1623, 9-2-2014)

A.

Purpose. The purpose of the certificate of zoning compliance is to ensure that all new building construction or additions, site alterations and/or the establishment of a new use complies with all of the provisions of this title before any construction on the site is started and/or the use is established.

B.

Applicability. These provisions apply to all requests for permits that involve new building construction, building additions, exterior site alterations and/or the establishment of a new use. These provisions do not apply to interior building improvements where the footprint of the existing structure is not enlarged or to exterior building alterations, including, but not limited to. the addition, removal, or modification of architectural elements, such as doors, windows, awnings, and arcades; building remodels where all or a portion of a structure is modified, including entrances, facades, and rooflines; a change in exterior materials and/or color scheme; or any other alteration that modifies the exterior appearance of the building. These provisions do not apply to single-family detached, single-family attached and townhome dwellings and/or secondary dwellings.

C.

Process. A certificate of zoning compliance shall be issued by the director when there is a demonstration that the development complies with all provisions of this title.

1.

No certificate of zoning compliance shall be issued for any use on a property in violation of this title or on a property that contains structures or uses in violation of this title.

2.

The certificate of zoning compliance shall be invalid:

a.

If the certificate was secured in violation of a state or federal law;

b.

Upon violation of any regulations of this title on the subject property; or

c.

If the conditions of the certificate of zoning compliance have been violated. All further work shall cease on a project until the violation has been remedied.

3.

Certificates of zoning compliance shall expire if said construction, alteration, or the use has not commenced within one (1) year of the date of issuance of the certificate of zoning compliance.

4.

The certificate of zoning compliance may require inspections and approvals specified in the approval of the application.

(Ord. 05-1170, 8-30-2005, eff. 9-15-2005)(Ord. 16-1717, 1-3-2017)(Ord. 16-1672, 2-16-2016)

A.

Purpose. The purpose of this section is to establish procedures for amendments to the text, tables and graphics of this title.

B.

Applicability. The provisions of this section shall apply to all text within this title.

C.

Process.

1.

Unified Development Code amendment initiated by the city. The Planning and Zoning Commission may propose to amend this title following notice and public hearing procedures in article A, "general provisions", of this chapter.

2.

Unified Development Code amendment initiated by a property owner. The applicant shall complete a preapplication conference with the director prior to submittal of an application for a Unified Development Code text amendment. An application and fees, in accord with article A, "general provisions", of this chapter, shall be submitted to the Director on forms provided by the Department.

3.

The Council shall apply the findings listed in subsection D of this section to review the Unified Development Code text amendment.

D.

Required findings. Upon recommendation from the commission, the council shall make a full investigation and shall, at the public hearing, review the application. In order to grant a text amendment to the Unified Development Code, the council shall make the following findings:

1.

The text amendment complies with the applicable provisions of the comprehensive plan;

2.

The text amendment shall not be materially detrimental to the public health, safety, and welfare; and

3.

The text amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including, but not limited to, school districts

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

A.

Purpose. The purpose of this section is to establish procedures for annexations and rezones, including amendments to the official zoning maps.

B.

Applicability. The provisions of this section shall apply to all lands within the legally defined Meridian City Limits, the Meridian Area of City Impact, and all other annexable properties as set forth in Idaho Code § 50-222.

C.

Process.

1.

Annexation and/or rezone initiated by Council. The City Council shall follow the procedures for annexation as set forth in I.C. 50-222.

2.

Annexation and/or rezone initiated by property owner. The applicant shall complete a preapplication conference with the director prior to submittal of an application for an annexation and/or rezone. An application and fees, in accord with article A, "general provisions", of this chapter, shall be submitted to the director on forms provided by the Department.

3.

Annexation and/or rezone requests are not accompanied by a conditional use permit or planned unit development, the applicant shall provide a conceptual development plan that depicts streets, site access, internal circulation patterns, connectivity to adjacent properties, parking, general location of buildings, including number of dwelling units and nonresidential building square footages, pedestrian walkways and public or private open space.

4.

The Council shall apply the standards listed in subsection (D) of this section and the findings listed in subsection (E) of this section to review the annexation and/or rezone request.

D.

Standards.

1.

The subject property shall meet the minimum dimensional standards of the proposed district.

2.

The city may require a development agreement in conjunction with the annexation or rezone pursuant to Idaho Code § 67-6511A. When required, said development agreement shall be signed by the property owner and returned to the city within six (6) months of the City Council granting annexation and/or rezone.

a.

The termination of a development agreement shall result in the reversal of the official zoning map amendment approval and applicable development approval for any undeveloped portion of property subject to the development agreement. The undeveloped property subject to the development agreement shall be rezoned to the district classification in effect prior to approval of the development agreement.

b.

Any action by the Council to amend or terminate a previously recorded development agreement shall be recorded in the office of the Ada County recorder by the Clerk to the Council.

E.

Required findings. Upon recommendation from the commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings:

1.

The map amendment complies with the applicable provisions of the Comprehensive Plan;

2.

The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement;

3.

The map amendment shall not be materially detrimental to the public health, safety, and welfare;

4.

The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and

5.

The annexation (as applicable) is in the best interest of City.

F.

Development agreement.

1.

The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with I.C. 67-6511A. The development agreement may be initiated by the City or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request.

2.

A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the City Council in accord with this Chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the City Council granting the modification.

3.

A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the six-month approval period.

(Ord. 12-1514, 5-16-2012, eff. 5-21-2012)(Ord. 16-1672, 2-16-2016; Ord. No. 22-2001, § 26, 11-1-2022)

A.

Purpose. The purpose of this section is to establish procedures for modification from the bulk and placement requirements of this title.

B.

Applicability. The provisions of this section shall apply to requests to vary from the requirements of this title with respect to lot size, width, and depth; front, side, and rear setbacks; parking spaces; building height; all other provisions of this title affecting the size and shape of a structure or the placement upon properties. If a means of alternative compliance is available, it should be exhausted before applying for a variance.

C.

Process.

1.

The applicant shall complete a preapplication conference with the Director prior to submittal of an application for a variance.

2.

An application and fees, in accord with article A, "general provisions", of this chapter, shall be submitted to the Director on forms provided by the Planning Department.

3.

The Council shall apply the standard listed in subsection (D) of this section and all the findings listed in subsection (E) of this section to review the variance.

D.

Standard. The variance shall comply with Idaho Code § 67-6516.

E.

Required findings. In order to grant a variance, the Council shall make the following findings:

1.

The variance relieves an undue hardship because of characteristics of the site; and

2.

The variance shall not be detrimental to the public health, safety, and welfare.

(Ord. 05-1170, 8-30-2005, eff. 9-15-2005; amd. Ord. 19-1833, 7-9-2019; Ord. 19-1850, 9-3-2019)

A.

Purpose. The purpose of this process is to provide for alternative means in which to meet the intended purposes of certain development regulations when explicit compliance is not feasible or the alternative means is superior to what is required. The regulations of this section are intended to encourage creative solutions to land use problems. The city recognizes that some specific requirements of this title do not anticipate all possible situations. Further, the city recognizes that there may be land use proposals that conform to the purpose, intent, and objectives of the regulations in this title but were not anticipated in the specific regulations. This section sets forth an alternative method of compliance in the event of these situations.

B.

Applicability.

1.

This process is intended to replace specific requirements as set forth throughout this title as follows:

TABLE 11-5B-5
ALTERNATIVE COMPLIANCE

2.

Requests for alternative compliance are allowed only when one (1) or more of the following conditions exist:

a.

Topography, soil, vegetation, or other site conditions are such that full compliance is impossible or impractical;

b.

The site involves space limitations or an unusually shaped lot;

c.

Safety considerations make alternative compliance desirable;

d.

Other regulatory agencies or departments having jurisdiction are requiring design standards that conflict with the requirements of this article;

e.

The proposed design includes innovative design features based on "new urbanism", "neotraditional design", or other architectural and/or site designs that promote walkable and mixed use neighborhoods;

f.

Additional environmental quality improvements would result from the alternative compliance.

3.

Requests for alternative compliance of the landscaping requirements may also be based on the following conditions:

a.

Because of a change of use on an existing site, the required landscape buffer is larger than can be provided; or

b.

The applicant is proposing a pond with a permanent water level in a required landscape area.

4.

Requests for alternatives to on-site parking, as outlined in section 11-3C-7 of this title, are not subject to the process, standards and/or fees contained in this section.

C.

Process.

1.

The applicant shall submit a written application for alternative compliance prior to the submittal of a development application or upon the determination that the development request does not comply with specific provisions of this title.

2.

An application and fees, in accord with article A, "general provisions", of this chapter, shall be submitted to the Director on forms provided by the Planning Department.

3.

The application shall specify:

a.

The specific requirements that are proposed to be modified;

b.

The reasons for the modification; and

c.

A demonstration of how the alternative means for compliance meets the requirements' intended purpose.

4.

The Director shall apply the standard listed in subsection (D) of this section and the findings listed in subsection (E) of this section to review the request for alternative compliance.

D.

Standard. The proposed alternative means for compliance with the specific requirements shall demonstrate that the alternative provides an equal or superior means of meeting the intent and purpose of the regulation.

E.

Required findings. In order to grant approval for an alternative compliance application, the decision-making body shall determine the following:

1.

Strict adherence or application of the requirements are not feasible; or

2.

The alternative compliance provides an equal or superior means for meeting the requirements; and

3.

The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of surrounding properties.

F.

Precedent. Alternative compliance shall be limited to the specific project under consideration and shall not establish precedent for acceptance in other cases.

(Ord. 05-1170, 8-30-2005, eff. 9-15-2005; Ord. 08-1372, 7-8-2008, eff. 7-8-2008 ;Ord. 09-1394, 3-3-2009, eff. retroactive to 2-4-2009; Ord. 10-1439, 1-12-2010, eff. 1-18-2010; Ord. 16-1672, 2-16-2016; Ord. No. 23-2037, §§ 13, 14, 10-3-2023)

A.

Purpose. The purpose of this section is to establish procedures that allow for a particular use on a particular property subject to specific terms and conditions of approval.

B.

Applicability. The provisions of this section shall apply to:

1.

All uses identified as conditional use in chapter 2, "district regulations", of this title.

2.

As required by specific development standards in chapter 4, "specific use standards", of this title.

3.

Nonconforming properties, uses, structures, and signs as set forth in chapter 1, article B of this title.

4.

Site modification activities not deemed a temporary use as set forth in section 3-4-12 of this Code.

C.

Process.

1.

The applicant shall complete a preapplication conference with the Director prior to submittal of an application for a conditional use.

2.

An application and fees, in accord with article A, "general provisions", of this chapter, shall be submitted to the Director on forms provided by the Planning Department.

3.

The Director may require additional information concerning the social, economic, fiscal or environmental effects of the proposed conditional use.

D.

Standards. In approving any conditional use, the decision-making body may prescribe appropriate conditions, bonds and safeguards in conformity with this title that.

1.

Minimize adverse impact of the use on other property.

2.

Control the sequence and timing of the use.

3.

Control the duration of the use.

4.

Assure that the use and the property in which the use is located is maintained properly.

5.

Designate the exact location and nature of the use and the property development.

6.

Require the provision for on site or off-site public facilities or services.

7.

Require more restrictive standards than those generally required in this title.

8.

Require mitigation of adverse impacts of the proposed development upon service delivery by any political subdivision, including school districts, that provides services within the city.

E.

Findings. The Commission or City Council, as applicable, shall base its determination on the conditional use permit request upon the following:

1.

That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located.

2.

That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this title.

3.

That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area.

4.

That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity.

5.

That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer.

6.

That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community.

7.

That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.

8.

That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance.

9.

Additional findings for the alteration or extension of a nonconforming use:

a.

That the proposed nonconforming use does not encourage or set a precedent for additional nonconforming uses within the area; and

b.

That the proposed nonconforming use is developed to a similar or greater level of conformity with the development standards as set forth in this title as compared to the level of development of the surrounding properties.

F.

Time limitations and extensions.

1.

A conditional use permit, when granted, shall be valid for a maximum period of two (2) years unless otherwise approved by the city. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground.

2.

For conditional use permits that also require platting, the final plat must be signed by the city engineer within this two-year period.

3.

Upon written request and filing by the applicant prior to the termination of the period in accord with subsection (F)(1) of this section, the director may authorize a single extension of time to commence the use not to exceed one (1) two-year period. Additional time extensions up to two (2) years as determined and approved by the commission may be granted. With all extensions, the director or commission may require the conditional use comply with the current provisions of this chapter.

4.

Approval of requests for time extension to an approved conditional use shall be determined by the decision-making body at a public hearing and will not be granted if any of the following conditions exist:

a.

Significant amendments to the comprehensive plan or Unified Development Code have been adopted that change the basis under which the conditional use permit was granted.

b.

Significant changes in land use have occurred in the area that will impact or be impacted by the project.

c.

Hazardous conditions have developed or have been discovered that will impact the project.

d.

Community facilities and services are no longer adequate to serve the project.

5.

The commission may place additional requirements, modify the previous approval or deny the request.

G.

Transfers and modifications.

1.

Conditional use permits are an entitlement to the specific property on which the approval was granted and upon property sale the entitlement transfers to the new owner(s) without further application or approval, provided, however, the new owner(s) shall be bound by the same time limits and conditions of approval as the original permit holder(s). A conditional use permit is not transferable from one (1) property to another.

2.

The director may approve or deny specified minor modifications, provided such modifications were not the subject of review during the original public hearing and will not adversely impact adjacent properties. Such minor modifications include, but are not limited to, the following:

a.

A reduction in density not exceeding twenty-five (25) percent of the total units.

b.

Minor relocation of dwelling units or building pads for practical reasons such as road alignment, topography or access.

c.

Minor changes to the recreation area or open space design, but not elimination or reduction in area.

d.

Increase in building square footage, not exceeding twenty (20) percent, provided that the parking and landscaping requirements are met.

3.

All other modifications shall be considered by the planning and zoning commission at a public hearing. The commission may modify the conditions, limitations and/or scope of the permit, in accord with the limitations and requirements of subsection (F) of this section.

H.

Revocation. See subsection 11-1-11D of this title.

(Ord. 05-1170, 8-30-2005, eff. 9-15-2005; Ord. 07-1325, 7-10-2007; Ord. 09-1436, 12-15-2009, eff. 1-1-2010; Ord. 13-1555, 5-14-2013; Ord. 10-1463, 11-3-2010, eff. 11-8-2010; Ord. No. 23-2023, § 15, 10-3-2023)

A.

Purpose. The purpose of this section is to establish procedures for amendments to the text and map components of the adopted comprehensive plan of the City of Meridian.

B.

Applicability. The provisions of this section shall apply to any comprehensive plan amendment application.

C.

Process.

1.

Comprehensive plan amendment initiated by the city. The Planning and Zoning Commission may propose to amend the comprehensive plan following notice and public hearing procedures in article A, "general provisions", of this chapter and the hearing procedures in Idaho Code § 67-6509.

2.

Comprehensive plan amendment initiated by a property owner. The applicant shall complete a preapplication conference with the director prior to submittal of an application for a comprehensive plan amendment. An application and fees, in accord with article A, "general provisions", of this chapter, shall be submitted to the Director on forms provided by the Department.

3.

The City Council shall not consider amendments to the land use map of the adopted comprehensive plan more than twice per calendar year. The application deadlines for amendments to the land use map component of the comprehensive plan shall be June 15 and December 15 of every year.

4.

Amendments to the text component of the plan may be submitted at any time. Amendments to the text of the comprehensive plan may be recommended by the Commission consistent with section 11-5A-6 of this chapter.

5.

The commission, prior to recommending the adoption, amendment, or repeal of the comprehensive plan to the Council, shall conduct at least one (1) public hearing in accordance with article A, "General Provisions", of this chapter and in accordance with the procedures in Idaho Code § 67-6509.

D.

Required Findings. Upon recommendation from the commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an amendment to the comprehensive plan, the council shall make the following findings:

1.

The proposed amendment is consistent with the other elements of the comprehensive plan.

2.

The proposed amendment provides an improved guide to future growth and development of the city.

3.

The proposed amendment is internally consistent with the goals, objectives and policies of the comprehensive plan.

4.

The proposed amendment is consistent with this Unified Development Code.

5.

The amendment will be compatible with existing and planned surrounding land uses.

6.

The proposed amendment will not burden existing and planned service capabilities.

7.

The proposed map amendment (as applicable) provides a logical juxtaposition of uses that allows sufficient area to mitigate any anticipated impact associated with the development of the area.

8.

The proposed amendment is in the best interest of the City of Meridian.

(Ord. 05-1170, 8-30-2005, eff. 9-15-2005; Ord. 08-1372, 7-8-2008, eff. 7-8-2008; Ord. 10-1463, 11-3-2010, eff. 11-8-2010; Ord. No. 21-1932, § 4, 6-15-2021)

A.

Purpose.

1.

To produce attractive developments with unique character and quality architectural design.

2.

To minimize the impact of the scale, bulk and color of large structures on surrounding properties.

3.

To encourage high quality building design that employs the use of good design principles and features quality, durable materials.

4.

To protect the safety and convenience of pedestrian access within developments and to build attractive pedestrian amenities.

5.

To provide greater attention to the design and location of structures in relationship to the surrounding street.

6.

To locate noise generating activities away from any adjacent residential uses.

7.

To create attractive and quality designed structures reflecting the unique character of Meridian along the city's entryway corridors.

8.

To promote quality growth patterns that support economic development and the efficient use of resources.

9.

To guide the design of structures, not control the type, intensity or density of the use.

B.

Applicability.

1.

Administrative design review shall be required for all new commercial, industrial, institutional, public or quasi-public development subject to conditional use, certificate of zoning compliance and/or building permit approval, except development meeting one (1) or both of the following standards shall be exempt:

a.

The structure and/or addition is fully screened from view from all abutting property lines;

b.

The structure and/or addition is less than one hundred twenty (120) square feet in area and is not visible from a public street, private street, or abutting residence; and/or

c.

No exterior improvements are proposed.

2.

Administrative design review shall be required for all new attached residential structures containing two (2) or more dwelling units. Administrative design review shall not apply to the construction, addition, removal, or modification of detached single-family homes and/or secondary dwellings unless required as part of a development agreement.

3.

Unless otherwise waived by the Director, administrative design review shall be required for all exterior building alterations, including, but not limited to: the addition, removal, or modification of architectural elements, such as doors, windows, awnings, and arcades; building remodels where all or a portion of a structure is modified, including entrances, facades, rooflines, and building expansions; a change in exterior materials and/or color scheme; or any other alteration that modifies the exterior appearance of the building, approved conditions, and/or the requirements in this title and/or the "City of Meridian Architectural Standards Manual".

4.

Administrative design review shall be required for all site alterations, including, but not limited to. the addition, removal, or modification of site improvements and/or features, such as access, parking, and landscaping, or any other alteration that modifies the site, approved conditions, and/or the requirements in this title and/or the "City of Meridian Architectural Standards Manual".

5.

Administrative design review shall not apply to interior tenant improvements.

C.

Process.

1.

For projects requiring only certificate of zoning compliance approval, the applicant shall submit a written application for administrative design review concurrent with the certificate of zoning compliance application.

2.

An application and fees, in accord with article A, "General Provisions", of this chapter, shall be submitted to the director on forms provided by the Planning Department.

3.

The director shall apply the standards listed in section 11-3A-19 of this title and the guidelines as set forth in the "City of Meridian Architectural Standards Manual" to review the administrative design review request.

4.

The administrative design review approval shall be exercised with the approval period of the underlying permit or the approval shall expire. For example, if the underlying permit is a conditional use permit, the design review approval will expire two (2) years after approval.

D.

Required findings. In order to grant approval for an administrative design review, the director shall determine that the proposed structural and/or site designs conform to the standards and meet or exceed the intent of the "City of Meridian Architectural Standards Manual".

(Ord. 12-1514, 5-16-2012, eff. 5-21-2012; Ord. 16-1672, 2-16-2016)(Ord. 16-1717, 1-3-2017)

The purpose of this Article is to establish procedures that guarantee the completion of improvements where City Engineer signature on the final plat or occupancy of a structure is desired, but the improvements required by the City have not been completed.

(Ord. 11-1487, 8-9-2011, eff. 1-1-2012; Ord. No. 21-1950, § 15, 10-10-2021)

The provisions of this Article shall apply to those improvements that are not needed to protect the public health, safety and life (including, but not limited to: landscaping, fencing, pressurized irrigation systems and site amenities) and those improvements that are needed to protect the public health, safety and life (including, but not limited to, water, sewer, reclaimed water, stormwater facilities or improvements, and power facilities; parking lot paving and striping; and street paving).

(Ord. 11-1487, 8-9-2011, eff. 1-1-2012; Ord. No. 21-1950, § 15, 10-10-2021)

A.

The City may withhold building, electrical or plumbing permits, certificates of zoning compliance, or certificates of occupancy on the lots or land being developed or subdivided, or the structures constructed thereon, if the improvements required under this title have not been constructed or installed, or if such improvements are not functioning properly.

B.

Where approved by the City Engineer, an owner may post a performance surety for such improvements that are needed to protect the public life, safety and health including, but not limited to, water, sewer, reclaimed water, stormwater facilities or improvements, and power facilities; parking lot paving and striping; and street paving in order to obtain City Engineer signature on the final plat. The estimated cost shall be provided by the applicant and reviewed and approved by the City Engineer. In addition to the performance surety, all such improvements shall also be subject to a warranty surety in the amount of twenty (20) percent of the cost of improvements for a period of two (2) years. The amount of the performance surety shall be established by City Council resolution.

C.

In the event that an applicant and/or owner cannot complete the nonlife, nonsafety and nonhealth improvements, such as landscaping, amenities, pressurized irrigation, pathways and fencing, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved in accord with the procedures set forth in this chapter. The estimated cost for sureties shall be provided by the applicant and reviewed and approved by the Director. The amount of surety called for shall be established by City Council resolution.

D.

Sureties shall be in the form of a bond, an irrevocable letter of credit or a cash deposit. In all cases the surety shall be drawn solely in favor of, and payable to, the order of the City of Meridian, in accord with the regulations contained in the surety agreement by and between the guarantor and the City of Meridian.

E.

Where a surety is accepted by the City and deposited as provided by this article, the surety shall be released subject to the following regulations:

1.

The owner shall submit a written request to the City to lease the surety. The request shall include the following documents:

a.

A statement from the owner that the required improvements are complete.

b.

Two (2) sets of prints of the as built plans and specifications for all improvements.

2.

The City Engineer and/or Director shall verify and certify that the required improvements, as detailed in the surety agreement, have been installed and/or accepted by the City at the end of the warranty period. The as built plans shall be reviewed and approved by the City Engineer or Director.

3.

Upon certification of the City Engineer and/or the Director, the City shall release the sureties heretofore deposited in the manner and to the extent as provided for in the surety agreement in accord with the regulations of this article.

F.

All improvements related to public life, safety and health shall be completed prior to occupancy of the structures.

(Ord. No. 18-1762, 1-23-2018; Ord. No. 21-1950, § 15, 10-10-2021)

In the event an applicant and/or owner shall, in any case, fail to complete the public improvements in the time period required, the City Council may proceed to have such work completed and recover the city's costs by any legal means available, including. foreclosing its lien or, in the event financial guarantees have been required, to pursue the remedies provided by those financial guarantees.

(Ord. 11-1487, 8-9-2011, eff. 1-1-2012)