800.01.

Department of Community Development: The Department of Community Development is hereby designated as the authority whose duties in accordance with the provisions herein shall include responsibility for the implementation of all land development policies in the Comprehensive Plan as reflected in this ordinance. The department's Planning Division and Inspection Division are responsible for the administration and enforcement of this ordinance respectively.

800.02.

Enforcement officer's responsibility: The Building Inspection Division has primary responsibility for zoning ordinance enforcement, and the Building Official is the primary enforcement officer for this ordinance. The Building Official of the City of Meridian is hereby authorized and directed to enforce all the provisions of this ordinance and for such purpose shall have the powers of a police officer.

900.01.

Powers and responsibilities: It shall be the duty of the Building Official to administer and enforce this ordinance in accordance with the provisions hereof. The duties of the Building Official shall be:

(1)

To examine building plans to determine compliance with the zoning ordinance, subdivision ordinance, flood ordinance, building codes and Code of Ordinances;

(2)

To conduct such inspections of buildings, structures and uses of land as are necessary to determine compliance with the terms of this ordinance. This duty shall include complete coordination and cooperation with other city departments and city officials to correct any violations found to exist;

(3)

To issue all building permits. Any permit or license issued in conflict with the provisions of this ordinance shall be null and void;

(4)

To maintain permanent and current records of documents and proceedings under this ordinance;

(5)

To register and maintain records and maps on nonconforming uses, structures and undeveloped lots;

(6)

To issue stop work and cease and desist orders;

(7)

To issue certificates of occupancy;

(8)

To wear a visible badge, or identification card;

(9)

To perform other duties as may be required to enforce this ordinance.

900.02.

Enforcement: It shall be a violation of these regulations for any person to change or permit the change in the use of land or buildings or structures or to erect, alter, move or improve any building or structure until a certificate of zoning compliance has been completed and/or a building permit has been obtained.

900.03.

Building permits:

(1)

Building permits required: No building or other structure shall be erected, moved, added to, or structurally altered or changed without a permit issued for the work by the Building Official. No building permit shall be issued by the Building Official except in conformity with the provisions of this ordinance, unless a written order in the form of an administrative review or variance or similar judgment as provided by this ordinance is issued. It shall be unlawful to begin the excavation or filling of any lot for any construction of any building, or to begin moving or altering any building or to begin the development of land for a use not requiring a building permit, until the Building Official has issued a permit for such work.

(2)

Application: All applications for building permits shall be accompanied by a site plan, drawn to scale, showing: (a) the exact size, shape, and dimensions of the lot to be built upon or altered; (b) the exact size and location on the lot of all existing buildings and structures or buildings proposed to be repaired, altered, erected or moved; (c) land contours and vegetation; (d) and the size, arrangement, number of parking stalls, fire lanes, handicapped parking, movement of vehicles and ingress and egress drives for all off-street parking and loading facilities. The application shall include such other information as lawfully may be required by the Building Official or Zoning Administrator, including existing or proposed uses of the building and land; the number of families, housekeeping units or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with, and provide for the enforcement of, this ordinance. The plans must be signed and dated by the owner or his authorized agent.

(3)

Zoning review: All applications for building permits must be reviewed for compliance by the Building Official's office and approved or disapproved as to its compliance. One (1) copy of the plans shall be returned to the applicant by the Building Official after such copy be either approved, or disapproved and attested to same by signature on such copy. The other copy of the plans, similarly marked, shall be retained by the Building Official.

(4)

Expiration: Any building permit issued shall become invalid unless the work authorized by it shall have begun within six (6) months of its date of issue, or if the work authorized by it is suspended or abandoned for a period of one (1) year. It shall then be canceled by the Building Official and written notice thereof shall be given to the persons affected.

(5)

Construction and use: Building permits or certificates of zoning compliance issued on the basis of plans and applications approved by the Building Official authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Use, arrangement, or construction at variance with that authorized shall be deemed violation of these regulations.

900.04.

Certificate of occupancy: The purpose of a certificate of occupancy is to provide official certification that a premise conforms to provisions of the zoning ordinance and building codes and may be used or occupied. Certificates of occupancy shall be issued in accordance with the following provisions:

(1)

Certificate of occupancy required: No vacant land shall be occupied or used, except for agricultural purposes, and no buildings hereafter erected or structurally altered shall be occupied or used until a certificate of occupancy shall have been issued;

(2)

A certificate of occupancy is required in advance of any change of use of any building or land or of any occupancy or use of each nonconforming use;

(3)

Certificates of occupancy shall state that the buildings or proposed use of a building or land, complies with the building code of the City of Meridian;

(4)

Records. It shall be the duty of the Building Official to keep a record of all building permits and certificates of occupancy issued, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building or land involved;

(5)

Denials. A certificate of occupancy shall not be issued unless the proposed use and development of a building or land conforms to all applicable provisions of City Code.

1000.01.

Designation of responsibilities: The Planning Division of the department of community development is hereby designated as the authority whose duties in accordance with the provisions herein shall include responsibility for the administration of this ordinance. The Planning Division Manager, is the administrative official of the zoning ordinance and is hereby designated as the Zoning Administrator whose responsibilities shall include but not necessarily be limited to:

(1)

To give administrative interpretations of the terms and provisions of this ordinance and to keep written records of all administrative interpretations of this ordinance;

(2)

To coordinate matters before the site plan review committee and to act as chairman of the committee;

(3)

To coordinate matters before the Commission, to provide support services, to act as secretary and to set public hearing times, dates, and place;

(4)

To process rezoning applications, special use permit applications, comprehensive plan amendments, applications to vacate rights-of-way and, easements, and plats;

(5)

To implement procedures and to make periodic checks to assure compliance with the requirements of the zoning ordinance;

(6)

To keep informed on planning and zoning matters through seminars, workshops, conferences and publications;

(7)

To maintain the comprehensive plan, zoning ordinance, and other land use regulations through annual review, evaluation and amendments, if needed;

(8)

To make recommendations through staff reports to the Commission;

(9)

To make certain zoning map amendments are made on all zoning maps;

(10)

To provide the public with planning and zoning information as well as application forms;

(11)

To grant only such variances as permitted by this ordinance.

1000.02.

Administrative interpretation of ordinance:

(1)

In the event there is a question concerning the general intent or meaning of any provision of this ordinance text, or the positioning of district boundaries, or of district designation, or interpretation of allowable and new and unclassified uses, or other matters relating to the official zoning map, the Zoning Administrator has the right to make such administrative decisions and interpretations.

(2)

Administrative interpretation shall take into consideration comprehensive plan goals, objectives, and policies; zoning ordinance purposes and the intent and purpose for each zoning district. Administrative interpretation must in no manner be construed as permitting or granting a variance to the provisions of this ordinance. Administrative interpretation may be appealed to the Commission.

(3)

Questions concerning any new or unlisted use shall be referred to the Zoning Administrator requesting an interpretation as to the zoning classification into which the use should be placed. The referral of the use interpretation question shall be accompanied by a statement of facts listing the nature of the use and whether it involves such characteristics as dwelling activity, sales, processing, type of product, storage and amount and nature thereof, enclosed or open storage, anticipated employment, transportation requirements, the amount of noise, odor, fumes, dust, toxic material and vibration likely to be generated, the general requirements for public utilities such as water and sanitary sewer, and the degree of compatibility of the use.

(4)

The Zoning Administrator shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various districts and determine the zoning district or districts within such use should be permitted.

(5)

Decisions of the Zoning Administrator shall be deemed final unless a written appeal is filed in the manner of other appeals.

(6)

Upon making his determination, and if there is no appeal, the Zoning Administrator shall notify any other officer or agency of the city likely to be affected by such ruling.

(7)

Such determinations are binding on all officers and agencies of the city as an administrative ruling, and may be included as an amendment to the zoning ordinance when subsequent amendment items are considered and if the proposed use is sufficiently common to justify a text amendment.

(8)

The Zoning Administrator shall keep a permanent record of the findings and determination for future reference.

1100.01.

Designation of Commission: The Meridian Planning Commission, referred to in this ordinance as the "Commission", has been created by the mayor and City Council as an advisory committee to the city in planning and zoning matters and is vested with the rights and responsibilities as provided in Mississippi Code Annotated Section 17-1-17 (1972), and established in the City of Meridian Ordinance No. 3637 as amended. The Commission shall adopt reasonable rules and regulations governing the conduct of its affairs and in keeping with the provisions of this ordinance and relevant laws, statutes, regulations and court rulings.

1100.02.

Responsibilities: The Commission shall have the following responsibilities:

(1)

To advise regarding the preparation of a comprehensive plan for the future development of the City of Meridian, including among other things recommendations relative to long-range, development goals and objectives, a land use plan, a transportation plan, and a community facilities plan.

(2)

To make recommendations in connection with the execution and detailed interpretation of the comprehensive plan, and recommend such changes and adjustments in the plan as may be deemed desirable from time to time.

(3)

To act upon any matter relating to zoning regulations and planned unit developments of said city which shall be referred to it by the City Council or the department of community development and assume such other related duties and responsibilities as may be required of it by ordinance or by order of the governing authority.

(4)

To make recommendations regarding the approval and disapproval of preliminary plats for land subdivision. Such plats shall be considered by the Commission before the governing authority takes any action.

(5)

To recommend legislation which may be desirable to further the purposes of city planning.

(6)

To oversee the implementation of the statement of purpose, goals, objectives and policies of the comprehensive plan and continuous planning process as it relates to the zoning ordinance and other city codes, ordinances and policies.

(7)

To make recommendations to the City Council regarding the closing and vacating of streets and alleys pursuant to City Code Section 20-31.

(8)

To hold public hearings on all applications for amendments to and deviation from the provisions of this ordinance or to the official zoning map (rezonings) or the comprehensive plan, and make a written decision which becomes a recommendation to the City Council of its findings in each instance.

(9)

To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Zoning Administrator in the administration of this ordinance.

(10)

To keep informed on planning and zoning matters through seminars, workshops, conferences, and publications.

1200.01.

Designation and responsibilities: The site plan review committee is hereby designated as the authority whose purpose and responsibility as related to the zoning ordinance shall be to utilize to the fullest extent possible its individual and collective technical expertise, to coordinate and expedite the review, processing, recommendation, and pre-hearing procedures, as determined by the Zoning Administrator and as they may apply to the following:

(1)

Pre-application, development layout review;

(2)

Official zoning map amendments as they impact on delivery of city services;

(3)

Subdivision plat review, as required by the subdivision ordinance;

(4)

Recommendation of legislation which may be desirable to further the purposes of city planning;

(5)

Other special cases and projects that may be brought to the committee's attention.

1200.02.

Membership: To be chaired by the Zoning Administrator and shall consist of members or designated representative from city departments or divisions as needed.

1200.03.

Procedures: All procedures for permits, amendments and variances shall follow the applicable requirements and procedures as established by city codes or ordinances. The developer will be advised by the Zoning Administrator of any discrepancies or comments made by any of the departments involved and may appear before the site plan review committee.

1300.01.

Purpose and applicability: Site plan review shall be required to ensure compliance with this zoning ordinance and other ordinances as they apply to all development projects and additionally; to expedite procedures necessary for the obtaining of building permits, to provide the developer with one central review of development proposals, to conserve the time and efforts of city employees in various departments, and to efficiently coordinate the development process. The Building Official in coordination with the Zoning Administrator and subject to other provisions of this ordinance shall determine the level of review required for each permit. Simple, routine projects may be reviewed and approved by the Building Official. More complex projects may be forwarded to the Zoning Administrator or the Site Plan Review Committee.

1300.02.

Contents of site plan: The required site plan shall include, but not be limited to, the following elements:

(1)

Statement describing the character and intended use of the development;

(2)

A dimensioned site plan based on exact survey and/or properly recorded plat(s) of the property drawn to scale of sufficient size to show:

(a.)

Exact size and location of all buildings and structures.

(b.)

All means of ingress and egress (Accessways/curb cuts).

(c.)

All setbacks, screens and buffers pursuant to Section 710.

(d.)

Off-street parking and loading areas and calculations.

(e.)

Refuse collection areas.

(f.)

Natural features such as streams, lakes or other topographic features, contours, trees or the like.

(g.)

Grading, drainage and utilities.

1300.03.

Conditions and general considerations on issuance of site plan approval: The site plan submitted for such development as defined in this section shall provide that the proposed lot sizes, lot coverage, density, setback provisions, areas, roads, and water courses, and other factors are in conformity with the requirements of applicable ordinances and laws. In addition to such general considerations, said plan shall be approved only after a consideration of the following factors:

(1)

Safe and convenient ingress and egress to the property and proposed development thereon;

(2)

Proper surface drainage so that removal of surface waters will not adversely affect neighboring properties or public storm drainage systems and will, so far as practical, conserve the water resources of the area and avoid flooding, erosion, and detrimental depositing of sediments of any kind. Surface water shall be disposed of in a manner consistent with sound engineering and ecological practices. The drainage system will be designed so that, except in unusual circumstances, the rate of runoff of surface water from the site in the condition in which it is proposed to be developed will not exceed the rate of runoff from the site in its undeveloped or existing condition;

(3)

All utility connections shall be indicated and shall be in conformity with the standards and requirements for connection to utility companies proposed to serve the property whether said utility companies are public or private;

(4)

Off-street parking and loading areas, with attention to automotive and pedestrian safety, traffic flow and control, access in case of fire and catastrophe, and screening and landscaping;

(5)

General site arrangement, amenities, and conveniences, to insure that appearance and general layout of the proposed development will be compatible and harmonious with properties in the general area and will not be so at variance with other development in the area as to cause a substantial negative impact on such property values including adequate provision for the disposal of all wastes, the avoidance of noise, odor and other air pollutants that may be generated at the site.

1300.04.

Application procedure:

(1)

The site plan shall be filed with the Building Official or Zoning Administrator whose duty it shall be to determine whether or not the plan needs to be forwarded to the site plan review committee.

(2)

After complete review, the Zoning Administrator shall certify that said site plan does or does not comply with all ordinances.

(3)

If the site plan does comply and there is no rezoning or other consideration pending, the Zoning Administrator shall forward the approved site plan to the Building Official, and so notify the applicant in writing.

(4)

If the site plan does not comply, the Zoning Administrator shall so specify in what respects it does not comply in writing to the applicant and shall then require correction and compliance before further processing.

(5)

In all cases, the Zoning Administrator shall have up to or a maximum of thirty (30) days from the date of filing to review and recommend either approval, approval with specific conditions, or disapproval of any site plan.

(6)

This decision shall be binding on all city departments as far as site plan approval for obtaining building permit is concerned.

(7)

Should the site development plan be approved and no action taken by the developer this approval shall EXPIRE one (1) year from the time of approval.

(8)

Applicants shall have the right to appear before the site plan review committee.

(9)

However, the applicant must first make a request to the Zoning Administrator and a time, date, and place must be agreed upon for the meeting.

(10)

Any person aggrieved of the decision of the site plan review committee may appeal to the Commission in the manner of other appeals.

1400.01.

Purposes of special uses, standards and special use permits:

(1)

The development and implementation of this zoning ordinance is based upon the division of the community into districts, within which the use of land and buildings, and the bulk and location and structures in relation to the land are substantially uniform. It is recognized, however, that there are certain uses which, because of their unique characteristics or nature, require special and intensive review to determine whether they should be permitted in specified locations.

(2)

These special uses also require review based upon standards and the application of special conditions and safeguards if permission is granted in such locations. Special use procedures and standards as provided herein are intended to assure that such review is made and that appropriate conditions and safeguards are attached. Special use procedures and standards shall be applied, and special permits granted, only in cases authorized under this ordinance.

(3)

Special use permits are required for specified uses which must satisfy standards in addition to those generally applicable in a zoning district to eliminate or minimize the potentially harmful characteristics or impact of such special uses on the character of the zoning district in which they will be located.

(4)

In addition to zoning procedures and requirements relating generally to issuance of building permits and certificates of occupancy/zoning compliance, a special use permit system is hereby established. It is intended that this system shall assure special examination, review, and findings by appropriate agents, agencies or bodies in connection with proposed actions particularly specified in this ordinance.

(5)

Special use permit procedures and standards as set forth herein are intended to apply in relation to use, occupancy, location, construction, design, character, scale, manner of operation, or necessity for making complex or unusual determinations, and to assure consideration of the particular circumstances of each case and the establishment of such conditions and safeguards as are reasonably necessary for protection of the public interest generally, and of adjacent properties, the neighborhood, and the jurisdiction as a whole.

(6)

For the purposes of this ordinance, the term requirements refers to the restrictions which apply to all uses in a district, whether permitted as of right or only through a special use permit. They apply automatically to all uses in a zone. Standards are the guidelines for use by administrators in making decisions such as for rezonings, or variances. They involve the application of stated criteria to given situations. Conditions are additional restrictions beyond the stated standards, applied to a particular use, which might govern, for example, hours of operation or the location of exits and entrances or the type of screening. The violation of the conditions is a violation of the ordinance. The above distinctions help to define the way discretion is to be exercised in making the provisions of this ordinance flexible to meet the needs of different situations in particular locations.

1400.02.

Application for special use permits: Applications for special use permits shall be filed on forms and with supporting material as required by this ordinance. The following supporting materials are required for applications:

(1)

Site plan showing these elements:

(A)

Ground floor coverage on the site of all buildings and structures (building footprint).

(B)

Intended use of buildings.

(C)

All driveways, curb cuts.

(D)

Parking areas and number of parking spaces provided.

(E)

Landscape screens, walls, and open buffer space; and

(F)

Landscape planting plans for critical screens.

(2)

A narrative to describe development proposals difficult to show on the site plan. These may include: staging schedule for project construction; site calculations and tables; architectural design of the project of buildings as they relate to permit conditions, soundproofing, lighting, fencing, walls, trash storage and loading areas and docks.

1400.03.

General standards: No special use permit shall be approved unless all of the following findings are made:

(1)

The special use is in conformity with the city's comprehensive plan generally or the Future Land Use map specifically; and with the purpose, intent and applicable standards of this ordinance;

(2)

The proposed special use is designated by this ordinance as a special use in the zoning district in which the property in question is located;

(3)

The proposed special use will comply with all applicable regulations in the zoning district in which the property in question is located;

(4)

The proposed use will comply with all special regulations established by this ordinance for such special use;

(5)

The establishment or maintenance of the special use shall not be detrimental to the public health, safety, or general welfare;

(6)

The special use shall be located, designed, maintained, and operated to be compatible with the existing or intended character of the zoning district;

(7)

The special use must not depreciate property values;

(8)

The special use must not be hazardous, detrimental, or disturbing to present surrounding land uses due to noise, glare, smoke, dust, odor, fumes, water pollution, erosion, vibration, general unsightliness, electrical interference, or other nuisance;

(9)

The special use must generate only minimal vehicular traffic on local streets and must not create traffic congestions, unsafe access, or parking needs that will cause inconvenience to the adjoining properties;

(10)

The special use must be served adequately by essential public services such as streets, police, fire protection, utilities, schools, and parks;

(11)

The special use must not create excessive additional requirements at public cost for public facilities and services and shall not be detrimental to the economic welfare of the city;

(12)

The special use shall preserve and incorporate the site's important natural and scenic features into the development design;

(13)

The special use shall cause minimal adverse environmental effects;

(14)

No conditions imposed on a special use as a result of these standards will be so unreasonably difficult as to preclude development of the use.

1400.04.

Conditions, safeguards, and assurances: The Zoning Administrator may impose such conditions relating to the Special Use Permit as necessary in the particular case to protect the public interest, in relation to the items listed in General Standards above and as may otherwise be reasonably necessary, and may require a guarantee or bond to insure continued compliance with such conditions and continued maintenance of such safeguards. Violation of conditions or safeguards lawfully attached to any special use shall be deemed violations of this ordinance. The Special Use Permit may be revoked until all violations are corrected.

1400.05.

Special uses apply to property, not person: When granted, a Special Use Permit, together with any conditions or safeguards attached, shall apply to the land, structure or use for which it was issued, and not to a particular person, however, a change in ownership of a use is grounds for review and issuance of a new permit.

1400.06.

Issuance of special use permits: Special Use Permits must be issued upon certain conditions, such that if an applicant meets the requisite standards specified in the ordinance, then the permit must be allowed. Conditions other than those delineated in the ordinance must not be arbitrarily imposed but must be related to the purposes of zoning. Applications may be denied only on proof that the use is detrimental to the public health, safety and welfare. Reasons for denial must be specific. The permit will be signed and issued by the Building Official with the Zoning Administrator's signature of approval.

1400.07.

Decision of Zoning Administrator deemed final; filing of an appeal: Decisions of the Zoning Administrator shall be deemed final, unless an appeal is filed to the Commission in the manner of other appeals.

1400.08.

Appeals from the Zoning Administrator: Any person or persons, aggrieved by any decision of the Zoning Administrator, may appeal such decision to the Commission in the manner of other appeals. A notice of appeal must be filed with the Zoning Administrator within not more than ten (10) working days of the date such decision was rendered. Such notice of appeal, must specify the grounds for the appeal, and the case files must be forwarded to the Commission and docketed on the next available meeting. A nonrefundable appeal fee per latest fee schedule must accompany the appeal.

1400.09.

Appeals from the Commission: Decisions of the Commission shall be deemed final, unless an appeal to City Council is filed pursuant to Section 1500.08. Further appeals must be made to the courts in a manner prescribed by law.

1500.01.

Purpose and intent: The purpose of this section is to set forth the application procedures and decision-making standards for amendments to the official zoning map and to the text of the zoning ordinance. The regulations, conditions, specifications and procedures set forth in this ordinance may from time to time require amendment. The City Council, upon receiving the recommendation of the Commission, may amend the provisions of this ordinance after proper public notice and hearing as required by law. No such change shall become effective until after a public hearing has been held in relation thereto by the Commission at which parties in interest and citizens must have an opportunity to be heard. When an application has been made to the Commission for the change in regulations or district boundaries, the applicant must, prior to the holding of a public hearing on such applications, fully comply with the procedures set forth below.

1500.02.

Application and process:

(1)

Person must make application for amendment: Any person requesting a zoning map or text change must submit a completed application to and in a form provided by the Zoning Administrator. This application form must include (in the case of a map change) a location map, a survey map showing existing and proposed zoning district boundary lines and classification/s, a correct legal description, the exact nature of the proposed change, and documentation justifying the reasons the application is made. Applications for text amendments must include exact nature of proposed change and adequate justification for same. All informational requirements of the application must be met and the application signed by applicant and owner(s) of property. Incomplete applications will not be submitted to the Commission.

(2)

An application fee is required: See Section 1800 and latest fee schedule. Changes initiated by the City are exempt from the fee requirement.

(3)

Public notice must be given: Once the above requirements have been met, one (1) or more signs shall be posted on the subject property at least two weeks prior to give the people living or working in the area due notice of a public hearing before the Commission to be held at a date and time set by the Zoning Administrator. A rezoning public hearing notice must be published in a local newspaper at least fifteen (15) days prior to the hearing.

(4)

Commission holds public hearing and makes a decision: The Commission must make its recommendation in writing on all matters presented to it within a period of thirty (30) days from the conclusion of the hearing. The Zoning Administrator must then mail a copy of this recommendation to all parties appearing at the hearing within three (3) working days of such decision unless the recommendation is in the affirmative and no one other than the applicant appears at the public hearing.

(5)

Commission forwards recommendation to the City Council: After such public hearing the Commission shall make its recommendation to the City Council. The City Council may accept the Commission's recommendation, or reject it in whole or in part, or may send it back to the Commission for further consideration and/or hearing.

(6)

City Council may approve the amendment: Upon City Council approval and signing by the Mayor, the zoning change goes into effect as allowed by law.

(7)

Time limit: If no significant development activity such as construction of building foundations, paving, or utility installation occurs on the property effected by a zoning change within one (1) year from the effective date of the change, the property reverts to its previous zoning classification.

(8)

As a condition to granting the relief sought by the applicant the City may, in its discretion, require that the applicant impress and impose upon the subject property restrictive and protective covenants, approved as to form and content by all objecting property owners whose property adjoins the subject property or property separated from the subject property by a thoroughfare.

(9)

The City may utilize conditional zoning in granting the relief sought by the rezoning applicant. Conditional zoning is the method whereby property can be rezoned to a particular zoning district with conditions or limitations on the uses permitted.

1500.03.

Amendment to official map: In acting on applications for amendments to the official zoning map, all parties shall consider the proposed change in relation to the following standards:

(1)

Rezonings must pass threshold standards: No proposed zoning amendment will receive favorable recommendation unless it passes the following threshold standards:

(A)

The proposal must provide conclusive evidence of a mistake in the original zoning either due to a clerical error, or due to over-zoning for a district classification;

(B)

The proposal must provide clear and convincing evidence of a public need for the rezoning at the proposed location;

(C)

The proposed change must not be a small parcel of land singled out for special and privileged treatment, nor create an isolated district, unrelated and incompatible to adjacent districts;

(D)

The proposed change must be found to be in the public interest and not only for the benefit of the land owner(s);

(E)

The proposed change must be found to be consistent with all elements of the comprehensive plan and based on sound planning principles as follows:

1.

If a development proposal falls within one of the use and/or residential density categories indicated on the Future Land Use map, then the proposal is consistent with the plan; OR

2.

If a development proposal is not consistent with said map, then the plan's written policies shall be used to determine whether the proposal would undermine or conflict with the plan. If it is found that the proposal would not conflict with or undermine the plan's policies, then the proposal is consistent with the plan; OR

3.

If a development proposal falls adjacent to a district having the desired zoning classification, the rezoning proposal may be found to be consistent as an extension of the adjacent property's zoning classification.

(2)

Additional Standards: If the rezoning application does not pass the above threshold standards, the proposed amendment will be considered to be spot zoning and will be denied on that basis. If the application passes the above thresholds, then the following review standards shall also be considered:

(a.)

Whether the existing land use pattern will change such that it could possibly increase the load on public facilities such as schools, utilities, or streets;

(b.)

Whether existing zoning district boundaries are illogically drawn in relation to existing conditions on the property proposed for change;

(c.)

Whether changed or changing conditions made the passage of the proposed rezoning necessary;

(d.)

Whether the proposed change will adversely influence living conditions and/or property values in the neighborhood;

(e.)

Whether the proposed change will excessively increase traffic congestion or otherwise negatively affect public safety;

(f.)

Whether there are substantial reasons why the property cannot be used in accordance with its existing zoning;

(g.)

Whether the proposed change is speculative or has a valid and specific intent and purpose;

(h.)

Whether there is convincing demonstration that all uses allowed under the proposed district classification would be appropriate in the neighborhood and that the character of the neighborhood will not be materially and adversely effected by the proposed change.

1500.04.

Amendment to ordinance text: Proposed amendments to zoning ordinance text shall be evaluated for compliance with all elements of the comprehensive plan and other applicable considerations of Section 1500.

1500.05.

Reapplication when denied: If an application for an amendment to the zoning ordinance is recommended for denial by the Commission and either not appealed to, or is denied by the City Council, then a reapplication pertaining to the same property and/or requesting the same amendment may not be filed within 18 months of the date final action was taken on the initial application except as otherwise authorized by the City Council.

1500.06.

Comprehensive rezonings:

(1)

The purpose of a comprehensive rezoning is to rezone areas in conformance with the principles of comprehensive land use planning and staged development as reflected by established public plans and policies, and planned public facilities. Consideration will be given to the character of the areas, suitability of particular uses, protecting natural areas, conserving the value of buildings and communities and encouraging the most appropriate use of land throughout the city. These procedures shall further the protection of the health, safety, and general welfare of the citizens of the city.

(2)

Comprehensive rezonings shall be limited to those areas designated as planning districts for which a policy has been approved or adopted by the City Council after a public hearing.

(3)

The Zoning Administrator shall process the application in accordance with the procedures set forth in Section 1500.02

1500.07.

Appeals from Commission: Any person desiring to appeal any decision to the City Council shall give notice thereof to the Zoning Administrator within a period of ten (10) working days from the date of the Commission's decision. The Zoning Administrator shall forward this notice to the City Council. When an appeal is perfected in this manner, the City Council shall then hold a public hearing with due notice thereof as provided by law.

1500.08.

City Council public hearing: After a notice of an appeal has been received, the City Council will set a public hearing time, date, and place with a fifteen-day (15) public notice. At the public hearing the City Council will hear the appellant(s) first and then other interested parties. In making its decision, the City Council must base its reasons for approval or denial upon the standards in Section 1500.03. In case of a protest against such change signed by the owners of twenty (20) percent or more (measured by number of parcels) either inside the area proposed for rezoning, or those parcels immediately adjacent to the rear thereof and extending one hundred sixty (160) feet therefrom or of those directly opposite thereto and extending one hundred sixty (160) feet from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of two-thirds (⅔) of all the members of the City Council. Decisions of the City Council shall be deemed final unless appeal to the courts as prescribed by law.

(Ord. No. 4367, §§ 3, 4, 3-16-2010)

1700.01.

Dimensional variances: Where the strict application of this ordinance would result in unnecessary hardship upon the owner of such property, the Zoning Administrator is empowered to grant, upon an application relating to such property, a dimensional variance from such application so as to relieve such hardships. Examples of such difficulties or hardships include exceptional narrowness, shallowness, or shape of a specific piece of property at the time of the original adoption of this ordinance; or by reason of the location of trees, natural drainage course, lakes, or other desirable or attractive features, which condition is not generally prevalent in the neighborhood.

1700.02.

Application requirements for granting variances:

(1)

Any person desiring a dimensional variance from the terms of this ordinance shall submit a written application on a form furnished by the Zoning Administrator and include a location map, a site plan, the exact nature of the requested variance conforming to the procedures noted below so that the Zoning Administrator can make an informed decision.

(2)

In order to authorize any variance from the terms of the ordinance, the Zoning Administrator must find:

(a.)

That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district;

(b.)

That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance and would work an unnecessary and undue hardship on the applicant;

(c.)

That the special conditions and circumstances do not result from the actions of the applicant;

(d.)

That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same zoning district;

(e.)

That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure;

(f.)

That the granting of the variance will be in harmony with the general intent and purpose of the ordinance and that such variance will not be injurious to the area involved or otherwise detrimental to the public interest;

(g.)

That the reduced setback will not substantially reduce the amount of privacy that would be enjoyed by nearby residences;

(h.)

That traffic visibility on adjoining streets will not be adversely affected;

(i.)

That drainage from proposed buildings and structures will not adversely affect adjoining properties and public rights-of-way.

(3)

In granting any variance, the Zoning Administrator may prescribe appropriate conditions and safeguards in conformity with this ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of the ordinance.

(4)

The Zoning Administrator may prescribe a reasonable time limit within which the action for which the variance is required shall be begun or completed or both.

(5)

Under no circumstances, except as permitted above, shall the Zoning Administrator grant a variance to permit a use not otherwise allowed in the zoning district involved. No nonconforming use of neighboring lands, structures, or buildings in the same zoning district and no permitted use of lands, structures or buildings in other zoning districts shall be considered grounds for the authorization of a variance. A distance of at least ten (10) feet between buildings must be maintained at all times for fire protection.

(6)

A response will be provided within thirty (30) days.

(7)

The Zoning Administrator must make findings that the requirements of sections 1700.01 and 1700.02 have been met by the applicant for a variance.

(8)

The Zoning Administrator must further make a finding that the reasons set forth in the application justify the granting of the variance.

1700.03.

Application procedures:

(1)

Any person requesting a dimensional variance from the terms of this ordinance shall submit a written application on forms provided by the Zoning Administrator with the following:

(a.)

Application forms indicating the exact nature of the variance, demonstrating the grounds upon which it is requested and addressing each of the standards;

(b.)

A plot plan or sketch plan showing existing and proposed buildings and structures, access, parking, and distances from buildings and structures to property lines and to other buildings and structures;

(c.)

An elevation drawing, if determined necessary by the Zoning Administrator, showing existing and proposed building or structure;

(d.)

Notarized signature(s) of the affected adjoining property owner(s) of record not objecting to the proposed variance;

(e.)

A variance fee according to the fee schedule;

(f.)

Any other information reasonably necessary to evaluate the application which is required by the Zoning Administrator.

(2)

Action by the Zoning Administrator:

(a.)

The Zoning Administrator shall review all the submitted information and provide a written response to the applicant for the variance;

(b.)

The response shall state the reasons for the decision if the request is denied;

(c.)

The applicant or the owner of any affected property may appeal the decision of the Zoning Administrator to the Commission in the manner of other appeals.

1800.01.

Schedule established: The City Council may establish a schedule of fees, charges and expenses and a collection procedure for all matters pertaining to this ordinance.

1800.02.

Collection office: The schedule of fees, charges and expenses shall be posted in the office of the Zoning Administrator, who shall be responsible for their collection. The schedule may be altered or amended only by the City Council. Until all applicable fees, charges, and expenses have been paid in full no action will be taken on any application or appeal.

1900.01.

Violations:

(1)

The Building Official shall enforce this ordinance except as otherwise provided therein. It shall also be the duty of all officers and employees of the City, and especially of all members of the police department, to assist the Building Official by reporting to same any potential violation in construction, reconstruction or land use.

(2)

Whenever a violation of this ordinance occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the Building Official who shall record properly such complaint, immediately investigate, and take action thereon as provided by this ordinance.

(3)

The Building Official shall order discontinuance of illegal use of land, buildings or structures; removal of illegal buildings or structures or of illegal additions, alterations or structural changes; discontinuance of any illegal work being done; or shall take or cause to be taken any other action authorized by this ordinance or the laws of the city or state to ensure compliance with, and prevent violations of, the provisions of this ordinance.

(4)

If a violation of this ordinance exists or is proposed, the City of Meridian or any owner of real estate within the district or in another district and adjoining the property may, in addition to other remedies provided by law, institute injunction, abatement or any appropriate action or proceeding to prevent, enjoin, abate or remove such violation.

(5)

Notwithstanding any other corrective general agreement, consensual action or request authorized in this section or any other section of this ordinance, the Building Official or other enforcement officer under this ordinance, when probable cause exists of a violation, may have the offender arrested and tried in municipal court for such violation.

1900.02.

Issuance of stop work orders: If an activity violates a building permit or condition of development approval and the violation is discovered while the construction is in process, a stop work order shall be issued. The violator must answer the stop work order and correct the violation within ten (10) working days or else appeal the order to the Zoning Administrator in the manner of other appeals.

1900.03.

Issuance of cease and desist orders: If construction or an activity has been completed, and a violation is discovered that can lead to the revocation of a certificate of occupancy, a cease and desist order shall be issued, which may be appealed by filing a notice of appeal within ten (10) working days with the the Zoning Administrator in the manner of other appeals.

1900.04.

Penalties: Violation by any person of any provision of this Code, or failure to comply with any of its requirements, including any additional requirements or conditions which may have been granted or imposed, after having been duly notified shall, upon conviction thereof, constitute a misdemeanor and any person convicted in city court of such a misdemeanor shall be fined not more than one hundred dollars ($100.00) per offense, and in addition shall pay all costs and expenses as determined by the court. Each day such violation continues shall constitute a separate offense.

1900.05.

Separate offenses: The owner, developer, subdivider of any land or lot, or representative of any land owner, premises or part thereof, and any builder, contractor, owner, agent or other person who knowingly commits, participates or assists in, or maintains such violation may be found guilty of a separate offense and suffer the penalties herein provided.