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Meridian City Zoning Code

ARTICLE II

- ZONING DISTRICT REGULATIONS

Sec. 100. - A—Agricultural District.

100.01.

Purpose of district: This district is intended to provide an area primarily for agricultural and outdoor recreational purposes and for low density residential development with associated

services, all of which require large amounts of land. It is the purpose of this district to encourage and protect such uses from urbanization until such is justified and the appropriate change in district classification is made. It is also the purpose of this district to preserve in less urbanized use land suited to eventual more urbanized development pending proper timing for the economical provision of utilities, streets and community facilities, so that compact orderly development will occur. Finally, the mixture of uses allowed in this district are intended to serve the function of initial zoning for newly annexed areas until such time as a precise zoning plan is adopted pursuant to Section 13.

100.02.

Permitted principal uses and structures: The following principal uses and structures are allowed in the A District:

(1)

Agricultural uses, buildings, and structures.

(2)

Single-family detached dwelling.

(3)

Manufactured housing pursuant to Section 719.

(4)

Class A day care facility.

100.03.

Permitted accessory uses and structures pursuant to Section 709. Accessory uses and structures are allowed provided they are incidental to, and do not substantially alter the character of the permitted principal or special use or structure. Such accessory uses and structures include, but are not limited to:

(1)

Any accessory use or structure permitted in the R-1 Single-family Residential District.

(2)

Structures for the purpose of displaying and selling agricultural products which are grown or produced on the premises limited to one, maximum three hundred (300) sq. ft. structure with off-street parking per Section 714.

100.04.

Uses allowed by Special Use Permit pursuant to Section 1400:

(1)

Manufactured home park, land-lease communities, RV park, campground.

(2)

Class A or B group care facility pursuant to Section 720.10.

(3)

Class B day care facility.

(4)

School or church.

(5)

Internment facility.

(6)

Ambulance service.

(7)

Veterinary or animal confinement facility [clinic, hospital, kennel, stable, etc.]

(8)

Country club, golf course, riding academy.

(9)

Land used for hunting, (bow hunting only), fishing and similar recreation including target range.

(10)

Airfield.

(11)

Building or structure over fifty (50) feet in height.

(12)

Utilities pursuant to Section 708.

(13)

Temporary fairgrounds, carnivals, circuses and the like.

(14)

Temporary structures and uses connected with land development/building construction.

(15)

Similar uses as determined by the Zoning Administrator.

100.05.

Site area and setback requirements: For this district there are two types of sites allowed. Type A is for property both served by a public sanitary sewer system, and on which no livestock is kept. Type B is for property not served by public sanitary sewer service and/or property on which livestock is kept.

(1)

Area:

Type A—A minimum of ten-thousand (10,000) square feet.

Type B—A minimum of 43,560 square feet [one (1) acre].

(2)

Front yard setback:

Type A—A minimum of thirty (30) feet from any street.

Type B—A minimum of fifty (50) feet from any street.

(3)

Side yard setback:

Type A—A minimum of ten (10) feet.

Type B—A minimum of twenty (20) feet provided that any pen or building in which livestock is kept shall be setback not less than one hundred (100) feet from any lot line.

(4)

Rear yard setback: Same as side yard.

(5)

Maximum height: Fifty (50) feet except as permitted pursuant to Section 1400 Special Use Permit.

(6)

Maximum impervious surface: Fifty (50) percent of the total site area.

(Adm. Corr. of 5-7-2007; Ord. No. 4359, § 1, 10-20-2009; Ord. No. 4367, § 2, 3-16-2010)

Sec. 200. - R-1 Single-Family Residential District.

200.01.

Purpose of district: The principal use is for single-family dwellings and related recreational, religious and educational facilities normally required to provide the basic elements of a balanced and attractive residential area. These are intended to be defined and protected from the encroachment of uses not performing a function appropriate to the residential environment. Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air and open space for dwellings and related facilities and through consideration of the proper functional relationships of each element.

200.02.

Permitted principal uses and structures: The following principal uses and structures are allowed in the R-1 District:

(1)

One single-family detached dwelling per site.

200.03.

Permitted accessory uses and structures pursuant to Section 709: Accessory uses and structures are allowed provided they are incidental to, and do not substantially alter the character of the permitted principal or special use or structure. Such accessory uses and structures include, but are not limited to:

(1)

Home occupations pursuant to Section 709.05.

(2)

Garages, carports, recreation rooms, hobby workshops, radio broadcast towers for hobbyists living on the premises and similar structures.

(3)

Storage buildings limited to one (1) per site.

(4)

Private recreational structures, children's play house and play apparatus.

(5)

Landscape furniture such as trellises and gazebos, flagpoles, barbecues ornamental light standards, outdoor clotheslines, holiday decorations.

(6)

Shelter to house animal pets.

(7)

Storage of vehicles pursuant to Sections 706 and 707 and 714.

(8)

Satellite dishes more than three (3) feet in diameter placed in rear yard.

(9)

Satellite dishes three (3) feet in diameter or less placed on buildings or in rear yard.

(10)

Signs per sign ordinance.

200.04.

Uses allowed by Special Use Permit pursuant to Section 1400:

(1)

Art gallery or museum.

(2)

Golf course, country club.

(3)

Private parks or playground.

(4)

Private school offering general courses.

(5)

Class A group care facility pursuant to Section 720.10.

(6)

Class A day care facility pursuant to Section 709.5.

(7)

Utilities pursuant to Section 708.

(8)

Church.

(9)

Temporary structures and uses connected with land development and building construction.

(10)

Bed and breakfast establishment as accessory use pursuant to Section 720.09.

200.05.

Site area and setback requirements:

(1)

Area: A minimum of seven thousand five hundred (7,500) square feet.

(2)

Front yard setback: A minimum of thirty (30) feet from all streets.

(3)

Side yard setback: A minimum of ten (10) feet.

(4)

Rear yard setback: A minimum of ten (10) feet.

(5)

Maximum height: Thirty-five (35) feet.

(6)

Maximum impervious surface: Sixty (60) percent of the total site area.

(Adm. Corr. of 5-7-2007; Adm. Corr. of 3-11-2008; Ord. No. 4359, § 1, 10-20-2009)

Sec. 230. - R-2 Two-Family Residential District.

230.01.

Purpose of district: This is a residential district to provide for medium population density. The principal use of land may range from single-family to two-family dwelling units, and related recreational, religious, educational and care facilities normally required to provide the basic elements of a balanced and attractive residential area. These areas are intended to be defined and protected from the encroachment of uses not performing a function appropriate to the residential environment. Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air and open space for dwellings and related facilities and through consideration of the proper functional relationships of each element.

230.02.

Permitted principal uses and structures: The following principal uses and structures are allowed in the R-2 District:

(1)

Any principal use allowed in the R-1 District.

(2)

Two-family dwelling (duplex, condo, townhouse).

(3)

Manufactured housing pursuant to Section 719.

230.03.

Permitted accessory uses and structures pursuant to Section 709: Accessory uses and structures are allowed provided they are incidental to, and do not substantially alter the character of the permitted principal use or structure. Such accessory uses and structures include, but are not limited to, any accessory use allowed in the R-1 District.

230.04.

Uses allowed by Special Use Permit pursuant to Section 1400:

(1)

Any special permitted use allowed in the R-1 District.

(2)

Class B day care facility.

(3)

Class B group care facility pursuant to Section 720.10.

(4)

Class C group care facility pursuant to Section 720.10.

230.05.

Site area and setback requirements:

(1)

Area:

A.

Single-family: A minimum of four thousand (4,000) square feet.

B.

Two-family: A minimum of six thousand (6,000) square feet.

(2)

Front yard setback: A minimum of thirty (30) feet from any street.

(3)

Side yard setback: A minimum of ten (10) feet).

(4)

Rear yard setback: A minimum of ten (10) feet.

(5)

Maximum height: Thirty-five (35) feet.

(6)

Maximum impervious surface: Sixty (60) percent of the total site area.

(Adm. Corr. of 5-7-2007; Ord. No. 4359, § 1, 10-20-2009)

Sec. 240. - R-3 Multi-Family Residential District.

240.01.

Purpose of district: This is a residential district to provide for medium and high population density. The principal use of land may range from single-family dwelling units to multi-family dwellings and related recreational, religious, educational, and care facilities normally required to provide the basic elements of a balanced and attractive residential area. These areas are intended to be defined and protected from the encroachment of uses not performing a function appropriate to the residential environment. Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air, drainage and open space for dwellings and related facilities and through consideration of the proper functional relationships of each element and public infrastructure. Primary access shall be along major streets having adequate capacity.

240.02.

Permitted principal uses and structures: The following principal uses and structures are allowed in the R-3 District:

(1)

Any permitted principal use allowed in the R-2 District.

(2)

Multi-family dwellings.

240.03.

Permitted accessory uses and structures pursuant to Section 709: Accessory uses and structures are allowed provided they are used in conjunction with and are incidental to a principal use or structure. Such accessory uses and structures include any accessory use or structure permitted in the R-2 District.

240.04.

Uses allowed by Special Use Permit pursuant to Section 1400:

(1)

Any use allowed by special use permit in the R-2 District.

(2)

Class A or B or C day care facility.

(3)

Social club [Civic, cultural or community center, lodge or assembly hall].

240.05.

Site area and setback requirements:

(1)

Area:

A.

For multi-family use a minimum of two thousand two hundred (2,200) square feet per dwelling unit.

B.

For other residential use a minimum of three thousand (3,000) square feet per dwelling unit.

(2)

Front yard setback: A minimum of thirty (30) feet from all streets.

(3)

Side yard setback: A minimum of ten (10) feet except as otherwise required by Section 710.

(4)

Rear yard setback: A minimum of ten (10) feet except as otherwise required by Section 710.

(5)

Maximum height: Forty-five (45) feet.

(6)

Maximum impervious surface: Seventy (70) percent of the total site area.

(Ord. No. 4359, § 1, 10-20-2009)

Sec. 300. - B-1 Residential Business Transition District.

300.01.

Purpose and intent: The purpose of this district is to: 1) provide for orderly conversion of older residential structures to limited commercial uses in older residential neighborhoods; and

2) to encourage new construction on vacant lots which, in design, reinforces desirable historic and architectural characteristics of the neighborhood and is not detrimental to the continued use of surrounding properties for residential purposes; and

3) to provide areas for professional and business offices and related activities that require separate buildings and building groups surrounded by landscaped yards and open areas. It is the specific intent of this district that both conversions and new construction be compatible in design and operation with surrounding residential properties, and that commercial establishments of a retail nature, which require constant short-term parking and generate substantial volumes of vehicular traffic be more carefully integrated into the surrounding area. The additional intent is to provide centralized, compact locations for business, health care and other professional offices and for the basic retail and service needs of the surrounding neighborhood by location on nearby major streets. It is the further intent of this district to provide a transition or buffer between more intense commercial districts and uses and less intense residential zones.

300.02.

Permitted principal uses and structures: The following principal uses and structures are allowed in the B-1 District:

(1)

Single-family residence.

(2)

Offices of professionals [nurse, accountant, architect, engineer, attorney, landscape architect, planner, physician, outpatient facilities, optometrist, optician, dentist, psychologist, chiropractor, physical therapist, sociologist, councilor, tutors].

(3)

Class A group care or Class A day care.

(4)

Business office without drive-through facilities or outdoor automatic teller machines [insurance, real estate, organizational, bank, chartered financial establishment, utilities].

(5)

Church or Commercial Chapel.

(6)

Studio or workshop for creating, marketing or teaching of any form of fine arts [photography, painting, sculpting, music, drama, dance, gymnastics].

(7)

Limited retail facilities [florist, apparel, gift, antique, office supply sales and service, reproduction, duplicating, stationary].

(8)

Personal care facilities [exercise club, health club, hair or skin grooming, barbering, styling, tailoring].

(9)

Other similar uses as determined by the zoning administrator.

300.03.

Permitted accessory uses and structures pursuant to Section 709: Accessory uses and structures are allowed provided they are incidental to, and do not substantially alter the character of the permitted principal use or structure. Such accessory uses and structures include, but are not limited to, any accessory use allowed in the R-3 District.

300.04.

Uses allowed by Special Use Permit pursuant to Section 1400:

(1)

Any use allowed by special use permit in the R-3 District.

(2)

Two-family dwelling or multi-family dwelling.

(3)

Class D or E group care facility pursuant to Section 720.10.

(4)

Internment facility.

(5)

Class A restaurant.

(6)

MH&B pursuant to Section 719.03(7).

300.05.

Site area and setback requirements:

(1)

Area: A minimum of four thousand (4,000) square feet.

(2)

Front yard setback: A minimum of thirty (30) feet from any street.

(3)

Side yard setback: A minimum of ten (10) feet except as otherwise required by Section 710.

(4)

Rear yard setback: A minimum of ten (10) feet except as otherwise required by Section 710.

(5)

Maximum height: Thirty-five (35) feet.

(6)

Maximum impervious surface: Sixty-five (65) percent of the total site area

(Adm. Corr. of 5-7-2007; Ord. No. 4359, § 1, 10-20-2009)

Sec. 320. - B-2 Neighborhood Business District.

320.01.

Purpose of district: The purpose of this business district is to provide retail stores and personal services for the convenience of the people in adjacent residential areas. These districts are to be located on major streets, and must be compatible to adjacent residential areas.

320.02.

Permitted principal uses and structures: The following principal uses and structures are allowed in the B-2 District:

(1)

Uses permitted as principal uses in the B-1 District.

(2)

Service uses—Financial, insurance, cash for title, check cashing facilities and business offices including those with drive-through facilities or outdoor automatic teller machines.

(3)

Laundry.

(4)

Retail uses—Delicatessen, catering shop, arts and crafts shop, bookstore/ newsstand, bakery, drug store, bottled water sales, grocery store, convenience store, variety store, video tape rental/sales.

(5)

Restaurant pursuant to Section 720.

(6)

Fuel sales facility pursuant to Section 720.

(7)

Storage warehouse.

(8)

Repair shop limited to household items.

(9)

Other similar uses as determined by the Zoning Administrator.

320.03.

Permitted accessory uses and structures pursuant to Section 709: Accessory uses and structures are allowed provided they are incidental to, and do not substantially alter the character of the permitted principal use or structure. Such permitted accessory uses and structures include, but are not limited to, the following:

(1)

Any permitted accessory use or structure included in the B-1 Business District.

(2)

Drop-off/pick-up kiosks for non-food items are allowed in shopping center parking lots and pedestrian areas.

320.04.

Uses allowed by Special Use Permit pursuant to Section 1400:

(1)

Any use allowed by special use permit in the B-1 District.

(2)

Shopping center.

(3)

Veterinary clinic pursuant to Section 720.

(4)

Vehicle service station pursuant to Section 720.

(5)

Rental storage of vehicles [boats, motor homes, travel trailers, cars and trucks].

(6)

Outdoor storage completely screened from view pursuant to Section 710.

(7)

Radio stations.

(8)

Christmas tree sales between late November and December 31.

320.05.

Site area and setback requirements:

(1)

Area: None specified.

(2)

Front yard setback: A minimum of thirty (30) feet from any street.

(3)

Side yard setback: A minimum of ten (10) feet except as otherwise required by Section 710.

(4)

Rear yard setback: None specified except as otherwise required by Section 710.

(5)

Maximum height: Thirty-five (35) feet.

(6)

Maximum impervious surface: Eighty-five (85) percent of the total site area.

(Adm. Corr. of 5-7-2007)

Sec. 330. - B-3 General Business District.

330.01.

Purpose of district: This business district is intended for the conduct of personal and business services and retail business of the community. Traffic generated by the uses will be primarily passenger vehicles and only those truck and commercial vehicles required for stocking and delivery of retail goods. This district is to be located along major arterials, especially highways.

330.02.

Permitted principal uses and structures: The following principal uses and structures are allowed in the B-3 District:

(1)

Any use which is a permitted principle use in the B-2 District.

(2)

Shopping center.

(3)

Hotel, motel, boardinghouse or similar short tenure lodging establishment.

(4)

Art gallery, museum, tattoo parlor.

(5)

Sale, leasing and/or repair of business machines, dry goods, jewelry, sporting goods, furniture, appliances, electrical, plumbing and building supplies, electronics, vehicles.

(6)

Amusement facility, bowling alley, theater.

(7)

Welding shop, light machine shop, cabinet shop, or vehicle repair facility.

(8)

Exterminator.

(9)

Laboratory [dental, medical, photo, research].

(10)

Dry cleaning facility.

(11)

Business college.

(12)

And similar uses as determined by the Zoning Administrator.

330.03.

Permitted accessory uses and structures pursuant to Section 709: Accessory uses and structures are allowed provided they are incidental to, and do not substantially alter the character of the permitted principal use or structure. Such permitted accessory uses and structures include, but are not limited to, the following:

(1)

Any accessory use or structure permitted in the B-2 Business District;

(2)

Caretaker residence [separate structure or as part of the principal building].

330.04.

Uses allowed by Special Use Permit pursuant to Section 1400:

(1)

Any use allowed by Special Use Permit in the B-2 District.

(2)

Auditorium, parking garage, fairground or stadium.

(3)

Class C or Class D restaurant per Section 720.

(4)

Package liquor sales per Section 720.

(5)

Retail casket sales.

(6)

Retail monument sales.

(7)

Hospital.

(8)

Pet sales pursuant to Section 720.

330.05.

Site area and setback requirements:

(1)

Area: None specified.

(2)

Front yard setback: A minimum of thirty (30) feet from any street.

(3)

Side yard setback: A minimum of ten (10) feet except as otherwise required by Section 710.

(4)

Rear yard setback: None specified except as otherwise required by Section 710.

(5)

Maximum height: Fifty (50) feet.

(6)

Maximum impervious surface: Ninety (90) percent of the total site area.

(Adm. Corr. of 5-7-2007; Adm. Corr. of 3-11-2008)

Sec. 340. - B-4 Regional Business District.

340.01.

Purpose of district: This business district is intended for the conduct of personal and business services for the motoring public.

340.02.

Permitted principal uses and structures: The following principal uses and structures are allowed in the B-4 District:

(1)

Any permitted use included in the B-3 General Business District.

(2)

Lumber sales and building supplies.

(3)

Machinery sales and service.

(4)

Manufactured housing sales and service.

(5)

Marine sales and service.

(6)

Wholesale and warehousing facilities.

(7)

Other similar uses as determined by the Zoning Administrator.

340.03.

Permitted accessory uses and structures pursuant to Section 709: Accessory uses and structures are allowed provided they are incidental to, and do not substantially alter the character of the permitted principal use or structure. Such permitted accessory uses and structures include, but are not limited to any accessory use or structure permitted in the B-3 General Business District.

340.04.

Uses allowed by Special Use Permit pursuant to Section 1400:

(1)

Any use or structure allowed by Special Use Permit in the B-3 District.

(2)

Residential use.

(3)

Indoor firing range.

(4)

Adult entertainment use, activity or establishment.

(5)

Vehicle towing or wrecker service and related vehicle storage pursuant to Section 720.

(6)

Structures in excess of fifty (50) feet.

(7)

Fortunetelling/palmistry/spiritual advisor facilities of any kind by any method.

340.05.

Site area and setback requirements:

(1)

Area: None specified.

(2)

Front yard setback: A minimum of thirty (30) feet from any street.

(3)

Side yard setback: A minimum of ten (10) feet except as otherwise required pursuant to Section 710.

(4)

Rear yard setback: None specified except as otherwise required by Section 710.

(5)

Maximum height: Fifty (50) feet except as otherwise approved by Special Use Permit.

(6)

Maximum impervious surface: Ninety (90) percent of the total site area.

(Adm. Corr. of 5-7-2007; Ord. No. 4393, § 1, 8-16-2011)

Sec. 350. - B-5 Central Business District.

350.01.

Purpose of district: This business district is intended for the conduct of personal and business services, public safety and administration, retail trade, entertainment and cultural exchange, urban residential activity, historic preservation and related uses commonly found in a downtown area.

350.02.

Permitted principal uses and structures: The following principal uses and structures are allowed in the B-5 District:

(1)

Any non-residential use which is a permitted principal use in the B-3 District.

(2)

Feed store.

(3)

Pawn shop.

(4)

Other similar uses as determined by the Zoning Administrator.

350.03.

Permitted accessory uses and structures pursuant to Section 709: Accessory uses and structures are allowed provided they are incidental to, and do not substantially alter the character of the permitted principal use or structure. Such permitted accessory uses and structures include, but are not limited to, any accessory use or structure allowed in the B-3 District.

350.04.

Uses allowed by Special Use Permit pursuant to Section 1400:

(1)

Any use or structure allowed by special use permit in the B-3 Business District.

(2)

Structures in excess of fifty [50] feet in height.

(3)

Residential uses.

(4)

Food truck park.

(5)

Other similar uses as determined by the Zoning Administrator.

350.05.

Site area and setback requirements:

(1)

Area: None specified.

(2)

Front yard setback: None specified.

(3)

Side yard setback: None specified except as otherwise required by Section 710.

(4)

Rear yard setback: None specified except as otherwise required by Section 710.

(5)

Maximum height: Fifty (50) feet except as approved by Special Use Permit.

(6)

Maximum impervious surface: One hundred [100] percent of the total site area.

(Ord. No. 4535, 7-7-20)

Sec. 400. - I Industrial District.

400.01.

Purpose of district: The purpose of this district is to provide areas for the development of manufacturing, processing and assembly uses that generally have extensive space requirements and/or generate substantial amounts of noise, vibration, odors, or possess other objectionable characteristics to a residential or commercial environment. The uses permitted shall mitigate any objectionable odor, smoke, fumes, vibration, noise, or other influence. Such uses shall be located only in areas directly accessible to major streets, or railroads or airports.

400.02.

Permitted principal uses and structures: The following principal uses and structures are allowed in the I District provided such uses conform to standards established by appropriate federal and state regulatory agencies:

(1)

Any permitted use included in the B-4 or B-5 District excluding residential uses.

(2)

Processing, canning, packaging and other treatment of food excluding the rendering or refining of fats and oils and the slaughtering of animals.

(3)

Manufacturing and assembly.

(4)

Assembly, painting, upholstering and similar activities in connection with automobiles, trucks, farm machinery, mobile homes and similar products.

(5)

Fabrication of metal products.

(6)

Warehousing and storage provided that all storage is either within enclosed structures, or screened pursuant to Section 710.

(7)

Railroad operations, facilities and rights-of-way.

400.03.

Permitted accessory uses and structures pursuant to Section 709: Accessory uses and structures provided they are incidental to, and do not substantially alter the character of the permitted principal use or structure. Such permitted accessory uses and structures include, but are not limited to any accessory use or structure allowed in the B-4 or B-5 District.

400.04.

Uses permitted by Special Use Permit pursuant to Section 1400:

(1)

Sites over five (5) acres in area.

(2)

Any use allowed by Special Use Permit in the B-5 District.

(3)

Any supporting or accessory use or structure not included in Section 400.03.

(4)

Firing ranges.

(5)

Broadcasting of television, radio, phone or other electronic communications pursuant to Section 708.

(6)

Recycling facilities.

(7)

Vehicle towing or wrecker services and related vehicle storage, junkyards, auto wrecking/salvage yards pursuant to Section 720.

(8)

Primary metal manufacturing, including: blast furnaces, steel works, and the rolling and finishing of ferrous metals; iron and steel foundries; primary smelting and refining of nonferrous metals; and similar activities.

(9)

Any activity requiring large amounts of water for processing or discharging large amounts or potentially hazardous waste or by-products into the sewer system.

(10)

Resource extraction activities such as mining, quarrying, sand and gravel pits, rock-crushing operations, crude petroleum and natural gas production.

(11)

Data centers.

400.05.

Site area and setback requirements:

(1)

Area: None specified.

(2)

Front yard setback: A minimum of forty (40) feet from any street.

(3)

Side yard setback: A minimum of ten (10) feet except as required by Section 710.

(4)

Rear yard setback: A minimum of ten (10) feet except as required by Section 710.

(5)

Maximum height: Fifty (50) feet except as otherwise approved by Special Use Permit.

(6)

Maximum impervious surface: Ninety (90) percent of the total site area.

(Adm. Corr. of 5-7-07; Ord. No. 4586, 12-3-24)

Sec. 500. - Special zoning districts.

500.01.

Special zoning district: A district established to accommodate a narrow or special set of uses or for special purposes. The term can signify any district beyond the conventional residential, commercial, industrial, and agricultural districts.

500.02.

Overlay district: An overlay district is a mapped area that imposes a set of requirements in addition to those of the underlying zoning district. In an area where an overlay district is established, property is placed simultaneously in the two (2) districts, and the land must be developed only under the conditions and requirements of both districts or the more restrictive of the two. The purpose of overlay districts is to deal with a special public interest in a specific geographic area.

Sec. 510. - H Historic Preservation Overlay District.

510.01.

Purpose of district: The purpose of this overlay district is to provide for the conservation and preservation of Meridian's historic neighborhoods and landmarks by preventing the indiscriminate demolition and negligent deterioration of historic resources, by encouraging reasonable maintenance, repair and restoration and by requiring conformance with community standards.

510.02.

Use, structures and district standards: Permitted uses and district requirements for setbacks, height, area and the like shall be in conformance with the base zoning district for the site and shall, additionally, comply with City Code Chapter 17, Article III. HISTORIC PRESERVATION.

510.03.

Authority: The authority for creating districts, and enforcing the provisions of this overlay district shall be in conformance with City Code Chapter 17, Article III. Historic Preservation.

510.04.

Location and applicability: The boundaries and location of historic preservation districts and landmarks shall conform to Section 17-42.Historic Districts and Landmarks Established of the City Code of Ordinances as same may be amended from time to time and as follows:

510.04.01.

Meridian Downtown Historic District described: Beginning at the intersection of the north ROW line of the Illinois Central Gulf Railroad with the centerline of 18th Ave; and then, southwest along the north line of the IC&G Railroad to its intersection with the centerline of 26th Ave; and then northwest along the centerline of 26th Ave to its intersection with the centerline of 6th St.; and then northeast along the centerline of 6th St to its intersection with the centerline of 19th Ave; and then; and then southeast along the centerline of 19th Ave to the centerline of 5th St; and then northeast along the centerline of 5th St to the centerline of 18th Ave; and then southeast along the centerline of 18th Ave to the point of beginning described above.

510.04.02.

Individually listed Resources: The historic landmarks and landmark sites as these are listed on the National Register of Historic Places and as same may be amended from time to time, and the Jerry and Selena Burton House at 1417 29th Avenue being also Tax Parcel #083073349900301400.

(Ord. No. 4438, § 1, 6-3-2014)

Sec. 520. - FP Flood Plain Overlay District.

520.01.

Purpose of district: This overlay district is intended to identify those areas which are subject to periodic or occasional inundation from stream and river overflows and are, therefore, usually unsuited for residential, commercial and industrial uses. All lands subject to inundation by the base flood as defined on the current flood insurance rate maps are within this district.

520.02.

District regulations: In additional to the requirements of the base district and prior to issuance of any permit, all development within the FP District shall comply with City Code Chapter 10 Flood Damage Prevention and Control as same may be amended from time to time.

Sec. 530. - GLP Greenway/Linear Park Overlay District.

530.01.

Purpose of district: The purpose of this overlay district is to protect and preserve the quality of the Sowashee Creek Parkway while encouraging compatible development on property contiguous to the parkway. It is further intended that all uses within this overlay district be pedestrian oriented. The GLP is hereby declared to be designated open space and park use.

530.02.

Boundaries: The GLP is generally described as one hundred thirty (130) feet on either side of the centerline of Sowashee Creek from the I.C.G. Railroad trestle to the Highway 39 Bypass bridge.

530.03.

Site plan approval required: No building permit to construct or certificate of occupancy to occupy any structure located within the GLP shall be issued except in accordance with a site plan which demonstrates compliance with GLP regulations and all other applicable ordinances. Site plans shall be processed in accordance with the procedures outlined in Section 1300 of this ordinance.

Sec. 560. - P Public Use District.

560.01.

Purpose of district: All uses owned and/or operated by city, county, state, or federal government, or their board, commission or authority for the benefit and well being of the general public.

560.02.

District Regulations: As approved pursuant to Section 1300 Site Plan Review.

Sec. 570. - BLVD Bonita Lakes Viewshed Overlay District.

570.01.

Purpose of district: The purpose of this overlay district is to protect the view from the city's Bonita Lakes Recreation Area.

570.02.

Boundaries: The viewshed shall include the view from the surface of the lakes and the public vehicular roads including the view above the tree line within that portion of Bonita Lakes Recreation Area north of U.S. Highway 45.

570.03.

District Standards: The city reserves the right to regulate the height of any building, sign, telecommunication tower or any structure constructed within the city limits that could affect the viewshed area.

Sec. 600. - PUD Planned Unit Development District.

600.01.

Descriptions:

(1)

A Planned Unit Development District [PUD] is a project specific base district created to replace the zoning districts existing on the site at the time of application pursuant to Zoning Ordinance Section 1500 Amendment. The PUD may consist of one primary land use type or a combination of uses either residential, or non-residential in nature. All development necessary to implement the project shall be specified on the PUD Development Plan [PUD Plan].

(2)

Creation of the PUD will follow the same procedures and must meet the same review standards as for any rezoning. Additionally, each reviewing authority must specifically find that the PUD Plan:

(a.)

Is consistent with all elements of the Comprehensive Plan and;

(b.)

Can not be achieved under any other single zoning district and;

(c.)

Will be superior to that which can occur in any other single zoning district and;

(d.)

Can not otherwise be achieved under the current Zoning Ordinance.

(3)

The standards for use, area, density, setbacks, height and bulk, coverage, utilities (including drainage), circulation and parking, screening and buffering, tree protection and landscaping are established by the PUD Plan.

(4)

All land included for purpose of development within a PUD shall be owned or under the unified control of the applicant whether that applicant be an individual, partnership or corporation.

(5)

If the subdivision of land or the provision of public improvements is anticipated, then the PUD Plan shall meet the requirements of and have the same force and effect as a Preliminary Plat. Final plats for areas within the PUD shall be processed as for final plats generally.

600.02.

Purposes: The purpose of this district is to permit flexibility, ingenuity, imagination and creativity in land use planning and development and to provide the essential performance standards and processes which are necessary and required for a PUD to meet its intended goals while enhancing the City. Among such goals are the following:

(1)

To achieve a more sustainable community than that which results through the application of the minimum standards of the Zoning and Subdivision Ordinances of the City of Meridian that would otherwise apply;

(2)

To create a safe and desirable living environment characterized by a unified building and site development program and the application of innovative design criteria which are carefully reviewed and controlled;

(3)

To promote variety and flexibility in developmental layout and design, while protecting surrounding developments;

(4)

To enhance the appearance and livability of neighborhoods through the conservation of existing natural and man-made features of the site;

(5)

To encourage a well blended mixed use of land and stimulate appropriate development and re-development of land;

(6)

To utilize current trends in urban development technology;

(7)

To diversify the uses permitted, and to create interesting relationships among the structures, open spaces, and existing site features in projects designed to be cohesive and unified;

(8)

To protect the general health, safety, and welfare of the community, and to advance the goals of the Comprehensive Plan.

600.03.

Design Standards:

(1)

Conservation of existing features—Every effort shall be made in the planning and development of a PUD to conserve and protect desirable natural, historic, and archaeological features of the site.

(2)

Development planning—A PUD shall have a minimum area of two (2) acres. The PUD Plan shall provide for safe, efficient, convenient, and harmonious mixture of uses, structures, and facilities, and create appropriately integrated and balanced spatial relationships among intended uses and structural features both inside, and outside the PUD. Traditional Neighborhood Design concepts and sustainable, diverse but well blended mixture of housing, working and service elements shall be encouraged.

(3)

Access and circulation:

(a.)

The proposed development shall not create or excessively increase traffic congestion or otherwise diminish public safety.

(b.)

Streets, walks, drives and associated parking and service areas shall provide safe and convenient access to all dwelling units, amenity areas and commercial facilities for all users including service and emergency personnel through a variety of integrated transportation modes.

(c.)

Circulation paths shall be laid out as to encourage decentralized, multi-modal traffic throughout the PUD and the surrounding community and to occupy no more land than is required to provide appropriate access. These paths shall not create unnecessary fragmentation of the development into small blocks, nor be so laid out or constructed as to require excessive cuts or fills, utility extensions or to interfere with desirable drainage in or adjacent to the PUD.

(4)

Utilities—The proposed development shall not reduce the level of utility service provided to the surrounding area. The project shall be evaluated for impacts on existing utility systems and, if needed, improvements shall be included in the PUD Plan pursuant to Section 21-Article VI of the City Code.

(5)

Common open space and facilities:

(a.)

Common open space and facilities may include active and passive use areas such as buffer areas, community centers, playgrounds, golf courses, lagoons, beach fronts and docks, wetlands and waterways, nature trails, and similar activities and the improvements necessary to facilitate the use of these areas as amenities to the project.

(b.)

A minimum of thirty (30) of the gross area of the site shall be devoted to amenities. If a PUD Plan is to be developed in stages, then amenities shall be developed proportionately.

(c.)

Amenities approved as part of the PUD Plan shall not be disposed of, dissolved, divided or otherwise changed in use or impaired by sale or otherwise except as approved pursuant to Section 600.05 Approvals.

(d.)

The applicant shall provide assurances that the development of the common areas and facilities is completed as planned. Said assurances shall also serve the purpose of creating the legal framework for the access, ownership, use, maintenance and protection of such areas and facilities in perpetuity.

600.04

Application Procedures: Requests for rezoning to PUD District shall be submitted and processed as for rezoning amendments generally and in accordance with the following special procedures:

(1)

Pre-application conference—Prior to submitting a formal rezoning application the applicant shall meet with the City Planning Division staff to review the submission and review criteria. The applicant must have a preliminary development plan for review at this conference. See Section 1300.03 for minimum submittal requirements.

(2)

Application filing—The City's "Application for Rezoning" form will constitute the formal application for a rezoning to a PUD District. Four (4) copies of the PUD Plan and supporting material showing all proposed development and clearly presenting the nature and scope of the project shall be submitted to the City Planning Division along with a non-refundable fee for each application per the current fee schedule.

(3)

Authority—The application shall include the name and address of all record owners listed on a boundary survey of the proposed PUD showing all current deed references and including a statement signed by all record owners that the applicant has control of the property and has the authority to complete the proposed development.

(4)

Findings—The application shall include a narrative justifying the need for creation of the PUD and the manner in which the project meets the threshold standards and required findings of fact. Provide a discussion of the goals and objectives for the project especially with regard to the future selling or leasing within the PUD and the method by which common areas and facilities are to be managed.

600.05

Approvals:

(1)

The application for PUD District zoning shall be reviewed by the Site Plan Review Committee and, when complete, will be forwarded to the Planning Commission who will conduct a public hearing in accordance with Section 1500.02(3).

(2)

After the public hearing the Planning Commission must take formal action recommending to approve the PUD as presented, to approve with conditions, or to disapprove it. The City Council shall then consider the application either accepting, or rejecting in whole or on part the recommendation of the Planning Commission, or sending it back for further consideration.

(3)

A request for a change or amendment to an approved PUD District or its Development Plan shall be submitted to the Zoning Administrator along with review fees per latest fee schedule and processed as follows:

(a.)

The Zoning Administrator may approve minor technical changes which do not have impact upon the project as a whole, pursuant to Section 1300 Site Plan Review.

(b.)

Major changes affecting the intent of the PUD Plan or impacting the project as a whole shall be processed in the manner of original approval, pursuant to Section 1500 Amendment.

Sec. 700. - Supplementary district regulations.

In addition to individual district regulations, the following requirements are established to apply generally to all districts in which the described object or activity is permitted to occur.

Sec. 701. - Visibility at intersections.

Except in the B-5 Central Business District, at a street or driveway corner nothing shall be erected, placed, planted, or allowed to grow in such a manner as materially to obstruct vision between a height of two and a half (2.5) and ten (10) feet above the elevation of the pavement intersection within the sight triangle formed by points located 15 feet each way along each right-of-way line from the point of intersection of the street rights-of-way or from the point of intersection of the street ROW with each edge of a driveway.

Sec. 702. - Fences, walls, and hedges.

Notwithstanding other provisions of this ordinance, fences, walls, and hedges may be permitted in any required yard, or along the edge of any yard, provided that no fence, wall, or hedge in any required front yard shall be over two and one-half (2.5) feet in height within twenty (20) feet from the street or curb line.

Sec. 704. - Exceptions from setback and height regulations.

704.01.

The district height limitations are measured from the grade around a structure to the highest point of its roof and do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or similar appurtenances usually required to be placed above the roof level and not intended for human occupancy.

704.02.

Accessory structures such as air conditioning units, water pumps, generators, refuse containers, electronic devices or similar installations shall not be located closer than five (5) feet to any rear or side lot line and shall not be located in any front yard except as otherwise allowed by this ordinance. Accessory structures such as fences, retaining walls and the like are excluded. See Section 702.

704.03.

Roof overhangs, awnings, porch covers or similar appurtenances not connected at grade may project into the required setback area no more than three (3) feet.

Sec. 705. - Site access.

Every structure erected or moved shall be so located as to provide legal, safe and convenient access for servicing, fire protection, and required off-street parking on a site abutting a dedicated public street OR a Council approved private street and having an adequate driveway connection thereto.

Sec. 706. - Storage of major recreational equipment.

For purposes of these regulations, major recreational equipment is defined as including boats, trailers, campers, recreational vehicles, and the like. No such equipment shall be parked or stored on any street; nor used for living, sleeping, or housekeeping purposes except as specifically permitted [such as RV parks].

Sec. 707. - Storage of commercial vehicles.

Commercial vehicles or trailers of any kind or type shall not be parked or stored on any residentially zoned property other than behind the rear of said residence. The parking of commercial vehicles or trailers having a rating of one and one-half [1½] tons or more is prohibited in residential districts and areas.

Sec. 708. - Utilities.

Provisions of this section shall govern the location and compatibility of utilities which are structural in nature.

708.01.

Definitions:

(1)

Public utility provider: Any person, firm, corporation, or governmental entity duly authorized under state or municipal regulations to furnish such public services as electricity, gas, water, sewer, telephone, television cable, telegraph, transportation or similar commodity to its customers.

(2)

Public utility services: The erection, construction, alteration or maintenance or similar development by a public utility provider of utility conduits, connectors and similar appurtenances used in connection with and being integral to and necessary for providing adequate services which promote public health, safety or convenience.

(3)

Public utility substations: An assemblage of equipment and other structures, for purposes other than generation, processing, storage, repair or consumption through which a commodity is passed for the purpose of monitoring, rerouting, pumping or modifying its characteristics. Substations are a limited public utility facility the size, scale and activity of which is similar to its surrounding uses.

(4)

Public utility facilities: Structures and uses such as maintenance buildings, storage yards, major transformers, communications devices, large substations, distribution facilities, generating plants, telephone exchanges, treatment plants, wells, storage tanks and similar installations which are necessary to the provision of a utility service network including structures and lands used for storage, repair or processing of equipment or material.

708.02.

Public utility service structures and uses are allowed as accessory uses in all districts when said structures and uses:

(1)

Are compatible with the character of the surrounding area; and,

(2)

Are located so as not to hinder the natural or presumed development of the area, or detract from the value of existing development; and,

(3)

Do not constitute a safety or health hazard, a nuisance, or have a noxious effect on the surrounding area either due to appearance, or operations; and,

(4)

Operating requirements necessitate the location of such uses and buildings within the district to serve the immediate vicinity.

708.03.

Public utility substations are allowed as special uses in all zoning districts subject to compliance with all the findings of Section 708.02, Section 1300 Site Plan Review and with Section 710 Buffer Yards/Screening Standards.

708.04.

Public utility facilities shall be developed according to the following standards:

(1)

The site shall have one property line abutting a thoroughfare of at least eighty (80) feet of right-of-way width, existing or proposed, and all ingress and egress shall be from said thoroughfare.

(2)

All proposed uses and facilities shall be contained within masonry buildings or structures similar to or compatible with buildings in the adjacent area.

(3)

Said structures and uses shall be located no closer than eighty (80) feet from any property line abutting a public right-of-way or residentially zoned land.

(4)

Adequate screening and buffering shall be provided as determined by the Zoning Administrator.

708.05.

All public utility services and facilities constructed or substantially reconstructed on or after June 1, 1977, shall be located, designed and constructed so as to minimize or eliminate flood damage to such structures.

708.06.

Except as otherwise provided, erection of permanent structures on easements for public utilities is prohibited. Permanent structures shall include any structure which will prevent or interfere with the free right or opportunity to use or make the easement accessible for utility services except that normal paving is allowed.

708.07.

In addition to those listed elsewhere in this ordinance, the following are requirements for telecommunications services installations:

(1)

Antennae shall be classified as: building mounted panel, dish or similar fixture where the fixture is less than fifteen (15) feet in height; and all other antenna poles and towers.

(2)

Building mounted antennas require no permit but must comply with the requirements of the zoning district in which installed.

(3)

All other antenna poles or towers shall require a building permit.

(4)

Freestanding towers shall comply with the following standards:

(a.)

No freestanding tower shall exceed one hundred eighty (180) feet in height.

(b.)

One (1) freestanding tower shall not be located closer than one (1) mile from another freestanding tower.

(c.)

Towers shall be of a monopole design.

(d.)

Towers shall be constructed so that if a failure does occur, the tower will collapse into itself and will not fall onto structures near the site.

(e.)

All buildings, structures, and equipment accessory to a tower shall be designed to blend in with the surrounding environment through the use of color, camouflage, and architecture, unless the FAA or other federal or state authorities require otherwise.

(f.)

Documentation shall be provided detailing the steps that will be taken to minimize the visual impact of a proposed tower.

(5)

Prior to application for this permit the applicant shall:

(a.)

Send written notice in a format provided by the zoning administrator via certified mail-return receipt requested to the owners of record of all property within a radius of five (5) times the height of the proposed antenna pole or tower; this notice shall describe the proposed tower structure and shall advise the property owner that any objection thereto shall be mailed, in writing, to the applicant's address within fifteen (15) days after the date such notice was mailed;

(b.)

Send this same notice by regular mail to all residents of all property within a radius of five (5) times the height of the proposed antenna pole or tower [Residents will include lessees Page 414 living within such radius but not occupants of mobile homes under temporary permits nor lessees of non-residential business premises within such area];

(c.)

Communicate with every property owner and resident from whom an objection was received within twenty-five (25) days after the date such notice was mailed, and shall make good faith efforts to resolve each objection;

(d.)

After the expiration of such twenty-five-day period, notify in writing each objector of the date, time and location of the next commission meeting at which the applicant and any remaining objection may be heard;

(e.)

Submit to the zoning administrator a complete application including a list of the property owners and residences contacted, a copy of letters sent, a copy of return receipts, a copy of objector(s) letters and a copy of letters notifying objector(s) of the next commission meeting.

(6)

A complete application will be submitted to the zoning administrator by the first of the month to be considered in that month's meeting of the commission. Appeal from the recommendation of the commission shall be to the city council.

(Ord. No. 4498, 6-21-2018)

Sec. 709. - Accessory uses and structures.

709.01.

Purpose: To allow and establish standards for accessory structures and uses associated with all districts. An accessory use is a use of land or of a building or portion thereof incidental and subordinate to the principal use of the land or building and located on the same lot with such principal use. An accessory use contributes to the comfort, convenience, enjoyment or necessity of the principal use of structure.

709.02.

General provisions: Each permitted accessory use and structure shall:

(1)

Be customarily incidental to the principal use established on the same site;

(2)

Be subordinate to and serve such principal use;

(3)

Contribute to the comfort, convenience, or necessity of users of such principal use;

(4)

Be required to submit a site plan.

709.03.

Permitted accessory buildings, structures and uses: If found to meet the criteria specified above, accessory buildings, structures and uses similar to those listed below shall be allowed based upon the principal use of the site as follows:

(1)

For all districts and uses: Temporary structures and uses connected with land development and building construction including storage of materials and temporary contractor's office and/or tool shed, provided that such uses are on the building site or immediately adjacent thereto, and provided further that such shall be only for the period of construction and thirty (30) days thereafter.

(2)

For dwellings: Shelter to house animal pets, children's playhouse and playground equipment, greenhouse, garden, garage or carport, swimming pool and bath house, shed for the storage or maintenance of recreation and yard equipment used on the premises, tennis court, hobby workshop, guest house, severe weather shelters, radio broadcast towers for hobbyists, and satellite dishes. See individual residential districts for other structures.

(3)

For church, temple or synagogue: Parish house or residence for the clergy of the congregation, religious education building, child care facility, columbarium and emergency shelters.

(4)

For educational institutions: Convent or lay teachers' quarters, dormitories, power or heating plant, stadium, gymnasium, field house, game courts, or field.

(5)

For golf and country clubs: Dwelling for caretaker, maintenance equipment storage shed, pro-shop, lounge and dining area and similar activities.

(6)

For hospitals and health institutions: Staff quarters, laundry, training and instruction, chapel, dining area, fitness/wellness centers, pharmacy, retail sale of medical goods, medical office and similar activities.

(7)

For industrial uses: Offices, restaurant or cafeteria, watchmen's quarters, research or pilot structure.

(Adm. Corr. of 2-6-2014)

709.04.

Sequence and Location.

(1)

No accessory building shall be constructed until construction of the principal building has actually begun, and no accessory building shall be used or occupied until the principal building is completed and in use. No accessory building shall be located in any front yard, but must be located in the side or rear yard. Accessory buildings shall not cover more than thirty (30) percent of the required rear yard or side yard and shall be at least ten (10) feet from all rear and side lot lines and ten (10) feet from any other building.

(2)

Accessory structures such as air conditioning units, water pumps, generators, refuse containers, electronic devices or similar installations shall not be located closer than five (5) feet to any rear or side lot line and shall not be located in any front yard except as otherwise allowed by this ordinance.

(3)

Roof overhangs, awnings, porch covers or similar appurtenances not connected at grade may project into the required setback area no more than three (3) feet.

709.05.

Home Occupations: Home occupation is defined as an occupation, profession, or activity for gain carried out by a resident which: (a) is an accessory use clearly customary, incidental, and subordinate to the use of the dwelling unit as a residence; (b) and does not alter or change the exterior character or appearance of the dwelling.

709.05.01. The establishment and conduct of a home occupation requires a permit granted by the Zoning Administrator. The applicant shall submit an application on a form provided by the Zoning Administrator stating that the applicant will comply with the following requirements:

(1)

The following activities shall not be permitted:

(a.)

Retail, wholesale or warehousing activity for which the display and/or storage of the product occurs on premise except that activity which is clearly incidental to the direct provision of an allowed service;

(b.)

Repair of vehicles or similar large items;

(c.)

Animal hospitals, kennels, funeral parlors, antique shops, restaurants, rooming houses, dancing schools, and tea rooms;

(d.)

Activities not normally carried on in a residential district which may be annoying or harmful to nearby residents;

(e.)

Activities which involve the use of power tools or the creation of noise of a type, duration or intensity which, measured at the property line, exceeds 60dBA between the hours of 7:00 a.m. and 9:00 p.m.;

(f.)

Noise created by the permitted activity between the hours of 9:00 p.m. and 7:00 a.m. that is detectable to normal sensory perception off the premises;

(g.)

Personal service activities having more than one chair for clients;

(h.)

Non-resident employees;

(i.)

Structural alterations to the interior or exterior of the building which changes the residential character thereof.

(2)

There shall be no exterior alteration of the property or variation from the residential character of the premises including; expansion of parking, signage, display, storage of materials or other exterior indication of a home occupation.

(3)

Except as otherwise allowed by this section, all activity shall be carried on solely within a building conforming to this ordinance and it must not utilize more than five hundred (500) square feet of such building.

(4)

Services or sales conducted on the premises shall be by appointment only, and shall not be oriented toward, or attract, off-the-street customer or client traffic. Direct sale of goods shall be limited to that which is produced, displayed and stored off-premise and in conformance with the prohibitions of Section (1) above. Services may be provided subject to the limitations of this section.

(5)

Delivery of materials to and from the premises shall not involve the use of vehicles not usual to a residential district.

(6)

Permitted activities shall not generate more than twenty (20) vehicle trips in one (1) day. A "trip" is a vehicle traveling in one (1) direction to or from a source. Twenty (20) trips is equivalent to ten (10) round trips.

(7)

Off-street parking for customers shall not exceed two (2) spaces.

(8)

Not more than one (1) home occupation-related vehicle [i.e.-vehicle with signage] is permitted, which must be twenty (20) feet or less in overall length and not more than seven (7) feet in overall height and which must be parked off any public ROW.

(9)

Except as otherwise allowed herein, storage of materials, parts, vehicles, tools or other equipment, and all other activities not usual to a residential district shall occur within an enclosed structure.

(10)

Mechanical equipment not usual to a residential district shall not be used or stored on the premises nor shall it create noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses outside the dwelling.

(11)

No equipment or process shall be used which creates visual or audible interference in any radio or television sets off the premises, or causes fluctuations in line voltage.

709.05.02. Permits and procedures: A complete application for a Home Occupation Permit shall be reviewed by the Zoning Administrator and approved upon satisfactory demonstration that all requirements are met. The Zoning Administrator forwards the approved application to the Building Official who signs the permit and privilege license application. A Home Occupation Permit is granted to both a site and, an individual and is not transferable to any other site or individual.

(Adm. Corr. of 5-7-2007)

Sec. 710. - Buffer yard and screening standards.

710.01.

Purpose and intent: The purpose and intent of the buffer/screening standards is to create and preserve environmental features and amenities of the city for present and future generations. These regulations are designed to improve the appearance and compatibility of land development through the preservation, installation and maintenance of plantings and fencing for screening and aesthetic effects, thereby serving to protect and preserve the appearance, character, value and safety of the total urban area. Attractive, well-maintained buffer yards improve the quality of development. They can also alleviate development disputes by providing neighboring property owners with tools for mitigating the impact of change. These standards shall apply to all buffer and screening required by other provisions of the zoning regulations. It is intended that these provisions shall constitute minimum requirements.

710.02.

Purposes of buffer yards and screens: The purpose of a buffer yard is to provide a spatial or distance barrier between two (2) potentially incompatible uses or users. The purpose of screening is to provide an effective visual/auditory barrier between two (2) potentially incompatible uses or users.

710.03.

Site plan standards: The required site plan shall clearly and convincingly demonstrate compliance with this section by describing all development and protections considered necessary to create a reasonable transition to and protection of the adjacent property. See Section 1300 Site Plan Review for informational and processing requirements.

710.04.

Buffering/Screening Table:

District for
Use Being
Permitted
District of the
Adjacent Property
Buffer Yard
Minimum
Width
in Ft.
Screen
Minimum
Height
In Ft.
R-1 All Districts 10 None required
R-2
R-3 All Residential Districts 10 6
B-1 All Residential Districts 15 6
B-2 All Residential and Agricultural Districts and the B-1 Business District 20 6
B-3 All Residential and Agricultural Districts and the B-1 Business District 30 6
B-4
B-5
I-
Industrial
All Districts 40 Varies—
See district
regulations
A-
Agricultural
All Residential Districts 20 Varies—
See district
regulations

 

710.05.

Buffering: Buffering and screening to the standards of this section shall be provided on the site applying for a permit as indicated in 710.04 Buffering/Screening Table. A buffer yard of the minimum width, unbroken except for vehicular and pedestrian access way shall be located parallel to the property line.

710.06.

Screening:

(1)

A screen/fence/wall of wood, masonry, stone, concrete or metal shall be placed along the property line or along the inner perimeter of the buffer yard so as to provide visual screening at minimum height requirements prior to issuance of the certificate of occupancy as indicated in 710.04 Buffering/Screening Table.

(2)

A screen (wall, fence, or landscaping) not less than six (6) feet in height shall be erected or maintained between non-residentially zoned property and abutting residentially zoned property at the time that any building or structure is erected on the non-residential property. The height of the screening shall be the vertical distance measured from the top of the screen to the lowest point to grade within three (3) feet of such screen on the non-residentially zoned property. A new screen shall not be required where there is an existing screen which substantially conforms to this section on the abutting residential property. However, if an existing screen on abutting residential property is the only screen that conforms to this section, and if it is removed, a new screen shall then be required on the non-residential property.

(3)

The screening required herein shall consist of a solid, opaque fence or wall not less than six (6) nor more than eight (8) feet in height, but shall not extend within fifteen (15) feet of any driveway opening onto a street. The screening shall be placed along the property lines or in case of screening along a street, twenty (20) feet from the street pavement with landscaping (trees, shrubs, grass, and other planting) between the screening and the paved area of the street. A louvered fence shall be considered solid if it blocks vision at ninety (90) degrees to the line of the fence or wall. Planting of a type approved by the site plan review committee may also be allowed in lieu of fence or wall.

710.07.

Installation and maintenance: All buffer yards and screening shall be installed in a sound workman-like manner and according to accepted good planting procedures with the quality of plant material as herein described. All screening elements of buffer yards shall be installed so as to meet all other applicable ordinances and code requirements. No buffer yard shall be abandoned, paved, or otherwise employed for purposes other than screening and buffering. Buffer yards shall require protection from encroachment of vehicular traffic. The owner shall be responsible for the maintenance of all buffer yards which shall be maintained in good condition so as to present a safe, clean and orderly appearance.

710.08.

Corner visibility: At street intersections and at intersections of driveways with public ROW and/or approved Private Street ROW, corner visibility shall conform to Section 701 of this ordinance.

710.09.

Reserved.

710.10.

Credit for existing plant material: If the owner(s) can demonstrate that healthy plant material exists on a site prior to its development for the purposes of buffer yard screening, and that this material shall remain in place and healthy after development, then this material may be used to achieve compliance with this section.

710.11.

Disposal area screening: All developments shall provide screening to the standards of this section for waste disposal and garbage pick-up areas and facilities.

710.12.

Maintenance enforcement: All required planting shall be permanently maintained in good growing condition and, whenever necessary, replaced with new plant materials to ensure continued compliance with applicable landscaping requirements. All required fences and walls shall be permanently maintained in good condition and, whenever necessary, repaired or replaced. In the event that the owner fails to maintain a buffer yard or planting strip as required, the city shall have the right to go onto said property, maintain said buffer yard or planting strip and assess the property owner in the same manner as for taxes. Before such work by the city the owner shall be given notice of the offending condition and a reasonable opportunity to repair it and is entitled to a due process hearing concerning the same.

710.13.

Permits: Whenever a buffer yard is required, it shall be completed prior to issuance of any certificate of occupancy and shall thereafter be maintained to provide spatial separation from abutting properties.

Sec. 714. - Off-street parking and loading.

714.01.

Purpose and intent: The primary planning purpose of these requirements is to reduce traffic congestion on public streets by requiring parking to be off public streets. This provides additional traffic lanes, provides more traffic capacity, allows faster emergency access, and allows narrower streets to be designed within subdivisions. Secondary purposes include: minimizing development problems with neighboring uses; providing for special parking needs for handicapped drivers; providing adequate space for loading (or unloading) and parking for all uses; allowing flexibility in meeting the community parking needs and to maintain many of the environmental features and amenities of the city for present and future generations. Adherence to these regulations will improve the appearance and compatibility of vehicular use areas (parking lots) and other development within the city through the installation and maintenance of trees and plantings for screening and aesthetic effects, thereby serving to protect and preserve community appearance, character, value and safety.

714.02.

Parking ratios required for all uses: Applicants for building permits must conform to the following requirement for off-street parking for specific uses. The downtown core area of the Central Business District (bounded on the north by 10th Street, on the east by 18th Avenue, on the south by the railroad and on the west by 26th Avenue) is exempt from off-street parking requirements.

(1)

Parking Ratio Table

USE RATIO
Single family detached residential 2 spaces per dwelling unit
Other residential 1.5 spaces per dwelling unit
General retail and service use Based on space / gross floor area
0-25,000 G.F.A. 1 per 200 square feet
25,001-399,999 G.F.A 1 per 250 square feet
400,000-599,999 G.F.A. 1 per 222 square feet
600,000 and over G.F.A 1 per 200 square feet
Large product retail and service use 1 per 400 square feet
Office and financial use 1 per 300 square feet
Hotel and Motel use 1 space per each guest room plus one space for each employee at largest shift
Public Assembly 1 space per each four occupants
Commercial amusement facilities 1 space per 100 square feet
Resident health care 1 space per each bed plus one space for each employee at largest shift
Primary school with students under 16 1 space per each four students plus one space for each employee at largest shift
Primary with students 16 and over 1 space per each three students plus one space for each employee at largest shift
Other schools 1 space per each two students plus one space for each employee at largest shift
Internment facilities Minimum ten spaces. 1 space per each three occupants plus 1 space for each resident vehicle
Wholesale and warehouse use 1 space per 1,000 square feet
Industrial uses 1 space per 400 square feet plus spaces for all resident vehicles
Drive through facilities In addition to other use requirements on site, two twenty foot long spaces for each approach lane plus one additional space per lane where located to be a common lane for multiple transaction points

 

(2)

Fractional spaces: In the calculation of required parking spaces standard rounding shall be used.

(3)

Shared parking spaces: The required parking spaces for any number of separate uses may be combined in one (1) site but the required space assigned to one use may not be assigned to another use at the same time, except that one-half (½) of the spaces required for places of public assembly whose peak attendance will be at night or on Sunday may be assigned to a use which will be closed at nights or on Sundays.

(4)

Off-site parking facilities: If required parking cannot be reasonably constructed on the premises of the use in question, the parking may be located off-site. The off-site parking should be located no further than approximately four hundred (400) feet from the off-site parking area to the front public entrance of the building containing the use. This distance is the shortest distance a pedestrian must walk and not cross major streets except at cross-walks.

(5)

Off-street loading requirements: If required loading cannot be reasonably constructed on the premises of the use in question, the parking may be located off-site. The off-site parking must be located no further than approximately three hundred (300) feet reasonably walkable by a pedestrian from the front door in the building containing the retail use. Such off-site lots must be closed to public access during hours the business is closed. Approval for off-site lots shall be given by building official.

714.03.

Parking Reductions:

(1)

Reductions or variance of up to fifty (50) percent of that otherwise required may be granted by the Zoning Administrator as follows:

(a.)

Upon demonstration to the Zoning Administrator that effective alternatives to automobile access are in effect reductions may be allowed to an extent commensurate with the permanence, effectiveness, and demonstrated reduction in off-street parking demand effectuated by such alternatives;

(b.)

When it can be proven that the facility (or facilities) to be served is unique and would not in its day-to-day operation normally require a full complement of parking provided that an adequate reserved land area is provided to accommodate a full complement of parking when necessary to serve occasional peek demand;

(c.)

When the size and nature of a development is so intense and diverse that the normal parking demand would not be generated;

(d.)

Where unusual characteristics for the use as proposed by the applicant result in less parking demand than established for the use in this ordinance;

(e.)

Where the applicant shows that the parking ratio required by the zoning ordinance is incorrect and excessive in all cases for that use as indicated by recent studies and data.

(2)

Applications for reductions must be made in writing to the Zoning Administrator pursuant to Section 1700 Variances. Applicant must show non-economic hardship or demonstrate with expert evidence that his proposed development does not need the number of parking spaces required in this ordinance. Appeals from the decision of the Zoning Administrator must be made to the Commission within ten (10) working days of the date of the decision pursuant to Section 1400.14.

714.04.

Enforcement:

(1)

Prohibitions imposed by this section make it unlawful to: carry out any construction without an approved parking site plan. This includes remodeling buildings, or changing the use on a site without an approved parking site plan.

(2)

Conformance to the parking site plan is required at all times, after the permits are granted and construction completed.

(3)

Sites containing more than one (1) use must provide parking spaces equal in sum to all the uses of the site.

(4)

Existing uses and buildings approved prior to the enactment of the current parking regulations need not meet the current regulations. If the use is enlarged, then the number of parking spaces required by the current regulations must be provided for the enlarged portion only. However, parking design standards may be required for the entire parking facility.

(5)

For successive enlargements of a building, parking under current ratios must be provided for the sum of all enlargements. If this sum exceeds fifty (50) percent of the floor area of the original building, the applicant must provide the number of parking stalls required by current ratios for the entire building.

714.05.

Parking design standards:

(1)

Parking spaces and stalls.

(a.)

Compliance with ADA standards for parking facilities is required pursuant to the adopted building code.

(b.)

Except for handicapped spaces, a required parking space shall not be less than eight (8) feet by sixteen (16) feet, excluding all aisles, driveways, entrances and exits.

(c.)

Each space must be clearly and permanently delineated.

(d.)

To help prevent traffic congestion problems, parking which allows vehicles to back into streets is prohibited, as is curbside parking on streets.

(e.)

Parking spaces must not encroach on street right-of-way.

(2)

Aisle widths.

(a.)

The required minimum aisle widths are as follows:

Angle of Parking Stall in Degrees
Flow Type 45 50 55 60 90
One-way 13′ 14′-6″ 16′ 17′-6″ 20′
Two-way 15′-6″ 17′ 18′-6″ 20′ 25′

 

(3)

Entrances and exits/accessways

(a.)

An accessway is a path or means by which unencumbered movement between a street and a site is allowed to occur. The location and number of accessways shall be so arranged that they will reduce the possibility of traffic hazards as much as possible. Parking facilities must be designed to require vehicles leaving parking stalls to maneuver on the site to exit onto streets head first except as otherwise allowed below.

(b.)

All uses shall control access along abutting streets in accordance to the following requirements:

(a.)

Except at permitted accessways, parking and loading areas shall be physically separated from each adjoining street by a curb or other suitable barrier against indiscriminate motor vehicle ingress or egress;

(b.)

A limit of one accessway per street or one (1) accessway for every one hundred (100) feet of street frontage as available;

(c.)

Access to parking facilities along arterial streets shall be from side streets that connect directly to the arterial wherever possible;

(d.)

The width of any accessway shall not exceed thirty-three (33) feet nor be less than fifteen (15) feet;

(e.)

No part of any accessway shall be nearer than twenty (20) feet to any other accessway nor shall any part of the accessway be nearer than ten (10) feet to any side or rear property line;

(f.)

No part of an accessway shall be permitted within forty (40) feet of the intersecting streets right-of-way line;

(g.)

No part of an accessway shall be permitted within a corner radius; and

(h.)

Except for one-family and two-family dwellings, accessways shall be designed and constructed so that vehicles will not have to back into public streets or alleys.

(4)

Design standards for screens, buffers, berms, and walls: The purpose of such standards to screen parking areas from view, to improve the appearance of parking areas near streets, to break the views of large expanses of pavement, to enhance property values and protect investments, to reduce erosion and stormwater run-off problems, to provide shade, to reduce glare, to encourage the saving of large trees and to reduce fumes and dust.

(5)

Parking lot surfaces. All permanent parking lots must have all-weather surfaces.

(6)

Storm drainage requirements:

(a.)

Storm drainage must be shown on the parking site plan in a manner acceptable to the city engineer.

(b.)

Site plans must indicate ground contours and drainage from paved parking surfaces by arrows that indicate the direction of storm water flow.

(c.)

Applicant must indicate steps proposed to handle storm drainage so as not to harm adjacent properties.

(d.)

Large parking lots, such as for regional shopping centers may require a separate on-site storm-water basin to retard the sudden discharge of high volumes of storm drainage off large expanses of paved surfaces into the community drainage system.

(e.)

The basin must be designed with curbs and barriers so that it does not contain any parking or loading spaces.

(Adm. Corr. of 5-7-2007)

Sec. 719. - Manufactured housing and buildings [MH&B].

719.01.

Purposes of manufactured housing/buildings: This ordinance recognizes and declares that manufactured buildings offer affordable shelter opportunities for an increasingly large number of Meridian residents who are seeking homeownership. It is the intent of this section to allow for the provision of needed and appropriate locations for MH&B. It is the purpose here to provide affordable housing in certain situations when it is determined that manufactured buildings are compatible with surrounding areas. It is also allowed for the replacement of sub-standard housing; to utilize vacant/undersized lots, to assist people needing close attention and care, and to guide the development of manufactured building subdivisions and land-lease communities. Mobile homes/buildings are not permitted since they do not meet the HUD Code and present safety hazards.

719.02.

Definitions:

(1)

Manufactured housing/building: [MH&B] A structure defined by and constructed in accordance with the National Manufactured Housing and Construction and Safety Standards Act of 1974, as amended, 42 4.S.C. 5401, et seq., and manufactured after June 15, 1976, and designed to be used with or without a permanent foundation and includes the plumbing, heating, air conditioning, and electrical systems contained therein; including any structure which meets all the requirements of this code and for which the manufacturer files a certification of compliance with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974 and the Uniform Standards Code for Factory Built Buildings Law, State of Mississippi; and including Katrina Cottages.

(2)

Mobile home/building: A transportable, factory-built building, designed to be used for year-round occupancy and built prior to enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976. A mobile home/building is not MH&B.

(3)

Modular building: Factory-built structures certified as meeting the local building codes, but not to include Katrina Cottages. A modular building is not considered MH&B.

(4)

Semi-public use: A not-for-profit organization registered as such with the State of Mississippi.

719.03.

General Location Standards: MH&B are permitted as a primary use subject to the district regulations in which they are located and applicable supplementary district regulations of this ordinance and by the additional regulations of this section. Except as otherwise noted below, all such development shall require a Special Use Permit pursuant to Section 1400 and the following additional limitations:

(1)

Mobile homes/buildings are not permitted in any district;

(2)

MH&B may be permitted as temporary accessory uses for the purpose of supervising and administering construction projects in any district;

(3)

MH&B is not permitted in special zoning districts as listed in Section 500;

(4)

MH&B less than twenty (20) feet in width (singlewide or single-section) is permitted for residential use in the Agricultural District and on lots under thirty (30) feet wide found in the R-2 District; [Note: Special Use Permit not required]

(5)

MH&B at least twenty (20) feet in width (doublewide or multi-sectional) is permitted for residential use in Agricultural, R-2, and R-3 Districts; [Note: Special Use Permit not required]

(6)

MH&B subdivisions and land-lease communities are only allowed in the Agricultural District or in planned unit developments pursuant to Section 600;

(7)

MH&B used for office space accessory to a public/semi-public use as defined above, is allowed in the R-2, R-3 districts;

(8)

MH&B used for office space accessory to a permitted principle or special use is allowed in business and industrial districts;

(9)

MH&B used for caretaker/security functions or temporary emergency use is allowed in the B-3, B-4, B-5 and Industrial districts, but not allowed in B-2 and B-2 Districts.

719.04.

Residential Accessory Use Standards: Pursuant to the requirements of the individual district and supplementary use regulations, MH&B may be temporarily located on the same site with a principal single-family dwelling unit subject to approval of a special use permit if:

(1)

It is necessary for the proper care of another family member by reason of advanced age, physical disability, medical or mental problems/hardships; or

(2)

An owner wishes to build his building or to rebuild his building damaged by fire or natural disaster on a lot while temporarily living in MH&B; or

(3)

The City has declared that emergency shelter is needed; and

(4)

The owner submits application for a Special Use Permit pursuant to Section 1400 including the following additional information:

(a.)

Signatures from all adjoining property owners indicating their approval of the temporary use; and

(b.)

Documentation from a licensed physician testifying to the mental or physical condition of the person requiring care, if applicable.

(5)

If the application is approved, then the special use permit:

(a.)

Shall not be valid for more than twelve (12) months; and

(b.)

Shall require removal of the building from the premises at the end of the twelve-month period unless renewed under the same requirements as originally reviewed and approved; and

(c.)

Shall automatically expire if the manufactured building is rented, or is no longer occupied by the same individual and located on the same site as that originally approved.

719.05.

Compatibility and Construction Standards: The following standards shall be used in determinations of compatibility of exterior appearance of MH&B with site-built housing which has been constructed in adjacent or nearby locations. Except for those buildings permitted as temporary, all MH&B shall:

(1)

Be installed in accordance with the manufacturer's "owner's manual" the Uniform Standard Code for Factory Manufactured Buildings Act, the rules and regulations of the Manufactured Building Inspection Division of the Mississippi State Fire Marshal's Office, and all provisions of this ordinance;

(2)

Be placed on sites in such a manner as to be compatible with and reasonably similar in orientation to the site-built structures which have been constructed in adjacent or nearby locations;

(3)

Be set on an approved foundation, anchored by tie-downs, and properly connected to all utilities. The undercarriage must be enclosed. A MH&B must be installed on a properly engineered foundation system that provides adequate support of the building's vertical and horizontal loads and transfers these and other imposed forces, without failure, from the building to the undisturbed ground. Such foundation must be designed to withstand a minimum of eighty (80) mph winds;

(4)

Have perimeter retaining walls constructed in accordance with the building code completely enclosing the permanent perimeter wall and composed of solid masonry or vinyl skirting which shall extend below the frost line;

(5)

Be subject to a building permit for any extension of or attachment to the manufactured building which is not part of the original factory-built manufactured building;

(6)

Be connected in accordance with applicable codes and regulations of the City of Meridian and manufacturer's specifications to an approved water supply, sewage disposal system, and other utilities prior to occupancy;

(7)

Have the hitch, axles, and wheels removed and skirting installed which shall harmonize with the architectural style of the unit.

(Adm. Corr. of 5-7-2007; Ord. No. 4371, § 1, 8-17-2010)

Sec. 720. - Special use standards.

The following other special uses and structures have specific locational restrictions and site plan standards that apply to them to moderate any adverse impacts on surrounding or nearby uses and are allowed in specific districts by special use permit only.

720.01.

Internment facilities [funeral homes, cemeteries, mausoleums, mortuaries, and crematoriums].

(1)

Funeral homes, mortuaries, and crematoriums must:

(a.)

Be located in an A, B-1, B-2, B-3, B-4 or B-5 district;

(b.)

Be located on arterial streets with rights-of-way of at least eighty (80) feet and with adequate ingress and egress to said arterial street;

(c.)

Be located at least five hundred (500) feet from any residence (single-family, two-family or multi-family);

(d.)

Provide both required off-street parking and a sufficient assembly area for vehicles to be used in a funeral procession; and

(e.)

Provide screening from all residential view for the loading and unloading area used by ambulances, hearses, or other such service vehicles.

(2)

Cemeteries and mausoleums must:

(a.)

Be located in an A, B-1, B-2, B-3, B-4 or B-5 district;

(b.)

Have a minimum site area of five (5) acres;

(c.)

Provide a screen of trees and shrubs around the perimeter of the site;

(d.)

Create no grave site within one hundred fifty (150) feet of potable water wells or within a flood hazard area; and

(e.)

Follow subdivision platting procedures for the sale of burial lots.

720.02.

Junkyards/salvage yards must:

(1)

Not be located within five hundred (500) feet of any interstate highway, except when completely obscured from view from the street by landforms or structures;

(2)

Be located on either a collector or an arterial street in a business district, or a local street in an industrial district;

(3)

Comply with all state and federal environmental requirements;

(4)

Be compatible with surrounding land uses;

(5)

Have a minimum site area of three (3) acres;

(6)

Store all items within an area completely screened, and ensure that no items be piled higher than the fence; and

(7)

Provide for adequate off-site disposal of hazardous materials.

720.03.

Class C and Class D Restaurants must:

(1)

Be located in B-3, B-4, or B-5 Business Districts or an Industrial District;

(2)

Not be located closer than five hundred (500) feet from any residence/dwelling, church, school, park/playground, day care center, or funeral home except when the proposed restaurant is in a B-5 District.

(3)

Not be located closer than five hundred (500) feet from any church except when the proposed restaurant is in a B-5 District.

NOTE: All measurements shall be the horizontal distance between the nearest property line of the existing establishment and the nearest property line of the proposed establishment.

720.04.

Adult entertainment uses or activities or establishments must:

(1)

Be located in a B-4 Regional Business District only by Special Use Permit pursuant to Section 1400;

(2)

Be located outside the Gateway Areas [Gateway Areas are those areas located within 500 feet of the rights-of way of the interstate system of highways (IH-20) for a distance of 2,000 feet each direction from the centerline intersection of same with the primary system of highways (HWYs 19, 45, 39, 145, 11, 80 and 11/80) and running along and with the interstate right-of-way];

(3)

Be located a minimum of 1,000 feet from any existing adult entertainment establishment [Such measurement shall be the horizontal distance between the nearest property line of the existing establishment and the nearest property line of the proposed establishment];

(4)

Be located a minimum of 500 feet from any residentially zoned area, child care facility, funeral home, church, school, park or playground [Such measurement shall be the horizontal distance between the nearest residential zoning line or property line of any child care facility, funeral home, church, school, park or playground and the nearest property line of the proposed establishment];

(5)

Be limited to a single non-illuminated wall mounted sign with an area not to exceed 20 square feet and with a height not to exceed 15 feet and with content that can neither be recognized with the unaided eye beyond a distance of 200 feet from the sign in any direction, nor that depicts or describes specified anatomical areas;

(6)

Not have any exterior structure, display, device, sign, or other attention attracting feature except as specifically allowed under (5.) above;

(7)

Locate any interior structure, display, device, sign or other attention attracting feature out of view from both the public ways, and the surrounding properties.

720.05.

Vehicle towing or wrecker service and related vehicle storage must:

(1)

Be located in a B-4 or I district.

(2)

Not be located within seven hundred fifty (750) feet of shopping centers.

(3)

Not be located within five hundred (500) feet of the same or similar use [measurement shall be from property line to property line].

(4)

Limited to twenty (20) vehicles and all storage areas must be screened from view.

720.06.

Nursing homes must:

(1)

Be located adjacent to at least one (1) arterial street;

(2)

Provide one (1) parking space per every two (2) beds for ambulatory patients plus (1) space per every five (5) beds for non-ambulatory patients plus one (1) space for each staff member based on the largest shift;

(3)

Provide trash and dumpster areas;

(4)

Provide no more than one (1) sign, unlighted and with maximum area of six (6) square feet and two sides;

(5)

Provide side yards with an additional fifteen (15) feet over the standard requirement of the district;

(6)

Have a minimum site area of one (1) acre.

720.07.

Veterinary services, animal clinics and pet sales must:

(1)

Confine animals within exterior walls of a building at all times;

(2)

Not be located closer than two hundred (200) feet to a residence, restaurant, apartment, hotel, library, museum, human health care facility, church or theater;

720.08.

Activities which dispense or store flammable materials must:

(1)

Not be located within fifty (50) feet [as measured in a straight line from the dispensing or storage location to the affected building] of the location of a church, school, hospital, rest home, nursing home, playground, or residential dwelling or similar use;

(2)

Not allow dispensing or storage locations closer than fifteen (15) feet to any property line and canopies no closer than ten (10) feet from any property line;

(3)

Erect opaque masonry or wooden fences at least four (4) feet high around the station site except as otherwise restricted under Section 702;

(4)

Plant shrubs and trees around the site if located within two hundred (200) feet of uses listed in "1" above.

720.09.

Bed and breakfast establishments if located in the R-1 or R-2 district must meet the following standards:

(1)

The owner of the establishment must reside in the establishment;

(2)

Establishments shall be no closer than two hundred (200) feet apart [property to property];

(3)

The residential integrity of interior and exterior spaces must be maintained;

(4)

One (1) off-street parking space is required for each guest room, in addition to two (2) for the resident owners;

(5)

Guest rooms are limited to a maximum of three (3); and

(6)

Only resident guests may be served meals.

720.10.

Group care facilities must meet the following standards:

(1)

Obtain and hold a valid special use permit pursuant to Section 1400;

(2)

Obtain and hold a valid approval and/or license to operate issued by other governmental entities as applicable;

(3)

Provide documentation from an authoritative source verifying, to the satisfaction of the City, disabilities claimed under the protection of the Fair Housing Act;

(4)

Be located in a structure that provides a separate bedroom for each resident;

(5)

Class E group care facilities as defined in Section 2000 and sometimes referred to as a halfway house, residential rehabilitation unit, or substance abuse treatment facility may not be located within five hundred (500) feet of any residence, school, park/playground, child care facility, or any other Class E group care facility.

720.11.

Fortunetelling, palmistry, spiritual advisor facilities must meet the following standards:

(1)

Be located in a B-4 District by Special Use Permit.

(2)

Be located outside the gateway areas (reference Section 9.97a).

(3)

Be located a minimum of one thousand (1,000) feet from any existing fortunetelling, palmistry, spiritual advisor facility.

(4)

Be located a minimum of five hundred (500) feet from any residence, child care facility, funeral home, church, school, park or playground. Such measurement shall be the horizontal distance between the nearest property line of the residence, child care facility, funeral home, church, school, park or playground and the nearest property line of the proposed establishment.

(Ord. No. 4359, § 1, 10-20-2010; Ord. No. 4393, § 2, 8-16-2011)