Zoneomics Logo
search icon

Merriam City Zoning Code

ARTICLE II

- ZONING DISTRICTS

Sec. 74-39. - Establishment of districts.

  • Generally. The city hereby establishes the following zoning districts:
    1. R-1 Single-Family Residential District. A district designed for single-family dwellings at a land density not less than 10,000 square feet per dwelling unit.
    2. R-2 Single-Family Residential District. A district designed for single-family dwellings at a land density not less than 7,500 square feet per dwelling unit.
    3. R-3 Two-Family Residential District. A district designed for single-family and two-family dwellings at a land density of not less than 10,000 square feet per dwelling unit for single-family dwellings; 6,250 square feet per dwelling unit for two-family dwellings with no lot less than 12,500 square feet of land.
    4. R-4 Multiple-Family Residential District. A district designed primarily for multiple-family residences at a land density of not less than 10,000 square feet of land for single-family dwellings; 12,500 square feet of land for a two-family dwelling; and a minimum of 3,000 square feet of land per dwelling unit, with a minimum of 15,000 square feet of land for any multiple-family building.
    5. R-5 Multi-Family Residential District; High Rise. A district established for multi-family residences with a minimum of 1,000 square feet of land per dwelling unit with the provision that no single lot may be less than 22,500 square feet in area.
    6. C-0 Office District. A district designed to provide for restricted business activities adjacent to major streets.
    7. C-1 Neighborhood Shopping District. A district designed to provide for a range of retail shopping facilities in shopping centers and in outlying business districts.
    8. C-2 Retail Business District. A district designed to provide for a broad range of retail shopping facilities.
    9. C-3 General Commercial District. The C-3 General Commercial District is designed to permit a mixture of retail business and light industrial uses. The C-3 district is designed to permit businesses and uses which are compatible with the existing character of the city business district.
    10. I-1 Light Industrial District. A district designed to permit light manufacturing and processing uses.
  • PUD districts. Planned unit development districts may also be established pursuant to the provisions of ARTICLE XV of this chapter.
  • Planned districts. Planned districts may also be established pursuant to the provisions of section 74-295 and shall be the equivalent of the following regular districts:
    • Planned DistrictsEquivalent Districts
    CP-OPlanned Office BusinessC-O
    CP-1Planned Neighborhood ShopsC-1
    CP-2Planned Retail BusinessC-2
    CP-3Planned General CommercialC-3
    IP-1Planned Light IndustrialI-1
    Planned DistrictsEquivalent Districts
    CP-OPlanned Office BusinessC-O
    CP-1Planned Neighborhood ShopsC-1
    CP-2Planned Retail BusinessC-2
    CP-3Planned General CommercialC-3
    IP-1Planned Light IndustrialI-1
    Planned DistrictsEquivalent Districts
    CP-OPlanned Office BusinessC-O
    CP-1Planned Neighborhood ShopsC-1
    CP-2Planned Retail BusinessC-2
    CP-3Planned General CommercialC-3
    IP-1Planned Light IndustrialI-1
    Planned DistrictsEquivalent Districts
    CP-OPlanned Office BusinessC-O
    CP-1Planned Neighborhood ShopsC-1
    CP-2Planned Retail BusinessC-2
    CP-3Planned General CommercialC-3
    IP-1Planned Light IndustrialI-1
    1. Condominium residential districts (CRD). Condominium residential districts may also be established pursuant to the provisions of section 74-22.

    (Ord. No. 54, art. 3, § 3-201, 12-4-1958)

    Effective on: 1/1/1901

    Sec. 74-40. - Zoning maps.

  • The boundaries of the districts listed in section 74-39 are as indicated on the zoning map of the city, a copy of which is on file in the office of the zoning administrator and identified on its face as part of this chapter. The zoning maps, with all notations, references and other matters shown thereon, is as much a part of this chapter as if such notations, references and other matters were specifically set forth herein.
  • It is the intent of this chapter that the entire area of the city, including all the land and water areas, streets, alleys, railroads and other rights-of-way be included in the districts established in this chapter. Any area not shown on the zoning map as being included in any district shall be deemed to be in the R-1 Single-Family Dwelling District.

    • (Ord. No. 54, art. 3, § 3-202, 12-4-1958)

    Effective on: 1/1/1901

    Sec. 74-41. - Boundaries.

    In the event that uncertainties exist with respect to the intended boundaries of the various districts as shown on the zoning map, the following rules shall apply:

    1. The district boundaries are the centerlines of streets or alleys, unless otherwise indicated, and where the designation of a boundary line on the zoning map coincides with the location of a street or alley the centerline of such street or alley shall be construed to be the boundary of such district.
    2. Where the district boundaries do not coincide with the location of streets or alleys, but do coincide with lot lines, such lot lines shall be construed to be the boundary of such district.
    3. Where the district boundaries do not coincide with the location of streets, alleys or lot lines, the district boundaries shall be determined by the use of the scale shown on the zoning map.
    4. When a lot held in one ownership on the effective date of this chapter is divided by a district boundary line, the entire lot shall be construed to be within the less restrictive district when the application of this provision would not increase the area of the less restrictive portion of the lot by more than 25 percent.

    (Ord. No. 54, art. 3, § 3-203, 12-4-1958)

    Effective on: 1/1/1901

    Sec. 74-42. - Zoning of public ways, waterways and railroad rights-of-way.

    All streets, alleys, public ways, waterways and railroad rights-of-way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting such streets, alleys, public ways, waterways or railroad rights-of-way. Where the centerline of a street, alley, public way, waterway, or railroad right-of-way serves as a district boundary, the zoning of such areas, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such centerline.

    (Ord. No. 54, art. 3, § 3-204, 12-4-1958)

    Effective on: 1/1/1901

    Sec. 74-43. - Zoning classification of lesser change.

    The planning commission may recommend and the city council may adopt a change in zoning which is a lesser change (more restrictive) than the one requested, provided that the more restrictive district is in the residential or commercial/industrial grouping as the district for which the change was requested. Applications for planned districts shall not be changed to another category unless a new application is filed. The hierarchy of districts is designated below:

     Least restrictive ⇒ Most restrictive
    ResidentialR-5, R-4, R-3, R-2, R-1
    Commercial/IndustrialI-1, C-3, C-2, C-1, C-O
     Least restrictive ⇒ Most restrictive
    ResidentialR-5, R-4, R-3, R-2, R-1
    Commercial/IndustrialI-1, C-3, C-2, C-1, C-O
     Least restrictive ⇒ Most restrictive
    ResidentialR-5, R-4, R-3, R-2, R-1
    Commercial/IndustrialI-1, C-3, C-2, C-1, C-O
     Least restrictive ⇒ Most restrictive
    ResidentialR-5, R-4, R-3, R-2, R-1
    Commercial/IndustrialI-1, C-3, C-2, C-1, C-O

    (Ord. No. 1762 , § 1, 3-27-2017)

    Effective on: 1/1/1901

    Secs. 74-44—74-72. - Reserved.

    Effective on: 1/1/1901

    Sec. 74-73. - Permitted uses.

    No structure shall hereafter be built, moved, or remodeled and no structure or land shall hereafter be used, occupied or designed for use or occupancy except for a use that is permitted within the zoning district in which the structure or land is located, except as may be permitted elsewhere in this chapter. Such uses, or changes from one permitted use to another permitted use, are allowed without further zoning approval by the city, however are subject to all requirements otherwise set forth herein.

    (Ord. No. 54, art. 3, § 3-301, 12-4-1958)

    Effective on: 1/1/1901

    Sec. 74-74. - Conditional uses.

    No use of a structure or land that is designated as a conditional use in any zoning district shall hereafter be established, and no existing conditional use shall hereafter be changed to another conditional use in such district unless a conditional use permit is secured pursuant to this chapter.

    (Ord. No. 54, art. 3, § 3-302, 12-4-1958; Ord. No. 1780 , § 2, 4-9-2018)

    Effective on: 1/1/1901

    Sec. 74-75. - Lot sizes.

  • Except as may be permitted elsewhere in this chapter, no structure, or part thereof, shall hereafter be built, or moved or remodeled and no structure or land shall hereafter be used, occupied, or arranged or designed for use of occupancy on a zoning lot that is:
    1. Smaller in area than the minimum building area, or minimum land area per dwelling unit required in the zoning district in which the structure or land is located;
    2. Narrower than the minimum lot width required in the zoning district in which the structure or land is located; or
    3. Shallower than the minimum lot depth required in the zoning district in which the structure or land is located.
  • No existing structure shall hereafter be remodeled so as to conflict or further conflict, with the lot area per dwelling unit requirements for the zoning district in which the structure is located.

    • (Ord. No. 54, art. 3, § 3-303, 12-4-1958)

    Effective on: 1/1/1901

    Sec. 74-76. - Bulk regulations.

    In this chapter, bulk requirements are expressed in terms of maximum structure height, maximum lot coverage, minimum setbacks, and minimum front, side and rear yards. No structure or part thereof, shall hereafter be built, moved or remodeled and all structures or land shall hereafter be used, occupied or designed for use or occupancy so as to:

    1. Exceed the maximum lot coverage percentage, specified for the zoning district in which the structure is to be located;
    2. Provide any setback or front, side or rear yard that is less than that specified for the zoning district in which such district or use of land is to be located or maintained; or
    3. Exceed the maximum structure height specified for the zoning district in which the structure is to be located.

    (Ord. No. 54, art. 3, § 3-304, 12-4-1958)

    Effective on: 1/1/1901

    Sec. 74-77. - Public utilities and uses exempt from lot size and bulk requirements.

    Notwithstanding any other provision of this chapter, none of the following public utility or public service uses shall be required to comply with the lot size requirements and bulk regulations of the zoning district in which they are located:

    1. Electric and telephone substations and distribution systems.
    2. Gas regulator stations.
    3. Poles, wires, cables, conduits, vaults, laterals, pipes, mains, valves or other similar equipment for the transmission of electricity, gas or water.
    4. Pumping stations.
    5. Radio, television and microwave transmitting or relay stations and towers (that are permitted in I-1 districts only).
    6. Transformer stations.
    7. Water towers or standpipes.

    (Ord. No. 54, art. 3, § 3-409, 12-4-1958)

    Effective on: 1/1/1901

    Sec. 74-78. - Use limitations.

    No permitted or conditional use, hereafter established, altered, modified or enlarged, shall be operated or designed so as to conflict with the use limitations for the zoning district in which such use is, or will be, located. No permitted or conditional use already established on the effective date of this chapter shall be altered, modified or enlarged so as to conflict or further conflict with, the use limitations for the zoning district in which such use is located.

    (Ord. No. 54, art. 3, § 3-305, 12-4-1958)

    Effective on: 1/1/1901

    Sec. 74-79. - Accessory structures or uses.

    No accessory structures or uses, as defined in section 74-421 shall hereafter be built, moved, or remodeled, established, altered, or enlarged unless such accessory structure or use is permitted by section 74-422.

    (Ord. No. 54, art. 3, § 3-306, 12-4-1958)

    Effective on: 1/1/1901

    Sec. 74-80. - Temporary structures and uses.

    No temporary structure or use shall hereafter be built, established, moved, remodeled, altered or enlarged unless such temporary structure or use is permitted by section 74-449.

    (Ord. No. 54, art. 3, § 3-307, 12-4-1958)

    Effective on: 1/1/1901

    Sec. 74-81. - Home occupations.

    No home occupation, as defined by section 74-468, shall hereafter be established, altered or enlarged in any residential district unless such home occupation complies with the conditions and regulations set forth in ARTICLE X of this chapter.

    (Ord. No. 54, art. 3, § 3-308, 12-4-1958; Ord. No. 1780 , § 3, 4-9-2018)

    Effective on: 1/1/1901

    Sec. 74-82. - Off-street parking and loading.

    No structure shall hereafter be built or moved and no structure or land shall hereafter be used, occupied or designed for use or occupancy unless the minimum off-street parking and off-street loading spaces required by ARTICLE XII of this chapter are provided. No structure or use already established on the effective date of this chapter shall be enlarged unless the minimum off-street parking and loading spaces which are required by ARTICLE XII of this chapter, are provided for the whole structure or use as enlarged.

    (Ord. No. 54, art. 3, § 3-310, 12-4-1958)

    Effective on: 1/1/1901

    Sec. 74-83. - Noise level standards.

  • Applicability. These standards regulate the maximum permitted sound levels within zoning districts.
  • Measurement. Noise shall be measured with a sound level meter equipped with an a-weighted filter constructed in accordance with standards published by the American National Standards Institute, applying nationally recognized procedures that result in an Leq (equivalent continuous noise level) value. Impact noise shall be measured using the fast response of the sound level meter. Continuous noise shall be measured using the slow meter response. Current standards for measuring highway noise as published by the federal department of transportation will be acceptable.
  • Maximum permissble sound level. Sound levels shall not exceed those specified in the following table:
    •  Maximum decibels, dB(A) at lot line
    Zoning districtSlow meter responseFast meter response
    Residential5565
    Commercial6070
    Industrial7080
     Maximum decibels, dB(A) at lot line
    Zoning districtSlow meter responseFast meter response
    Residential5565
    Commercial6070
    Industrial7080
     Maximum decibels, dB(A) at lot line
    Zoning districtSlow meter responseFast meter response
    Residential5565
    Commercial6070
    Industrial7080
     Maximum decibels, dB(A) at lot line
    Zoning districtSlow meter responseFast meter response
    Residential5565
    Commercial6070
    Industrial7080

    Note: The values in the above table apply to all property lines within a zoning district. Where property lines are also zoning district boundary lines, the more restrictive (smaller) table value for the adjacent districts shall apply.

    1. Exemptions. The standards of this section shall not apply to temporary construction work, occasionally used safety signals, warning devices and emergency pressure relief valves.
    2. Other regulations. Other noise regulations in this Code shall also apply in all zoning districts and may be more restrictive than the provisions of this section. In the event of conflict, the more restrictive regulations shall apply.

    (Ord. No. 54, art. 3, § 3-311(A), 12-4-1958)

    Effective on: 1/1/1901

    Sec. 74-84. - Light pollution standards.

  • Applicability. These standards regulate the light pollution and glare standards within zoning districts in addition to those which are listed under the use limitations for each zoning district or under the sign code provisions in Chapter 53.
  • Creating of hazards and nuisances prohibited. In any district, any lighting, whether or not required by this article, shall be diffused, directed, shielded, located, designed, and maintained in such a manner as not to present any hazardous situations for passing vehicular or pedestrian traffic or create a nuisance by objectionable light projected beyond its lot line or property line onto a neighboring use or property. In any district, any lighting shall not have blinking, flashing, or fluttering lights or devices that cause changing intensity, brightness, or color which cause a nuisance across any lot line or property line onto a neighboring use or property.
  • Path of projection of illumination restricted. In any district, any lighting shall not be aimed, installed, or directed as to project into the windows of neighboring uses or property, and shall not be directed skyward or onto a roadway in such a manner as to present any hazardous situations for passing vehicular or pedestrian traffic or create a nuisance by objectionable light projected beyond its lot line or property line onto a neighboring use or property with the exception of approved street lighting.

    • (Ord. No. 54, art. 3, § 3-311(B), 12-4-1958; Ord. No. 1573, § 1, 8-21-2007)

    Effective on: 1/1/1901

    Sec. 74-85. - Landscaping.

  • Applicability. These standards shall apply when a new principal building is constructed on a lot or parcel of land in any zoning district.
  • Trees. At least one tree per 50 lineal feet (or portion thereof) of public or private street frontage shall be planted in the front yard, and at least one tree per 2,500 square feet (or portion thereof) shall be planted on useable open green space in the side or rear yards; provided, however, that trees shall not be planted in the public right-of-way. Existing trees may be counted toward meeting the minimum requirements. Required trees shall be any combination of medium and large deciduous shade trees (having a minimum caliper of two inches measured six inches above the ground) and small deciduous or ornamental trees (at least five to six feet in height) all as specified by the American Association of Nurserymen (AAN).
  • Lawns. Open areas shall be planted according to good local horticultural practices with locally acceptable lawn grasses by seeding, sodding, plugging, or sprigging in a manner which will result in a satisfactory stand of permanent grass. The zoning administrator may approve an alternate ground cover on areas not suitable for mowing.
  • Completion. All landscaping work required by these standards shall be completed prior to occupancy of the new building. The zoning administrator may grant requests to postpone planting until conditions are favorable. Request shall not be granted unless the applicant furnishes the city with a performance bond, escrow account, or cashier's check in an amount equal to the total estimated cost of work.
  • Maintenance. The property owner shall be responsible for continual maintenance of all required plant material.

    • (Ord. No. 54, art. 3, § 3-312, 12-4-1958)

    Effective on: 1/1/1901

    Sec. 74-86. - Private streets.

    Refer to the City Manual for Infrastructure in Chapter 59 and section 6-48.

    (Ord. No. 54, art. 3, § 3-313, 12-4-1958)

    Effective on: 1/1/1901

    Sec. 74-87. - Site development plans.

  • In commercial and industrial districts, site development plans must be prepared by the applicant and approved by the planning commission as hereafter set forth. Site development plans shall contain information required by the city as necessary to show compliance with all requirements applicable to the development as contained in this chapter and the Merriam Code and to show the exterior appearance of any buildings or other structures proposed to be constructed or altered. No notice to adjoining property owners will be required in the administration of site development plans. Internal improvements to existing structures shall not require site development plans.
  • Site development plans will be required in the following situations:
    1. Construction of any new building on the site;
    2. Additions to a building exceeding five percent of the existing floor area;
    3. Significant changes to a building exterior relative to building construction materials, color, appearance or signage; or
    4. Significant changes to the site relative to drainage, grading, parking and driveway layout, landscaping, fencing, signage or other site improvements.
  • An application for approval of a site development plan shall be accompanied by sufficient information and plans to clearly demonstrate the intent of the applicant regarding the development proposed. Unless a specific requirement is waived by the zoning administrator, site development plans shall include, but not necessarily be limited to, the following information:
    1. The size and shape of the site.
    2. The location of adjoining streets and alleys.
    3. The size, shape and location of all buildings, fences, and other structures.
    4. The location of all paved areas including drives, parking areas and other paved areas.
    5. Building materials and exterior appearance of all buildings, signs, fences, and other structures.
    6. A landscaping plan.
    7. A stormwater management study or stormwater management plan if required by this Code.
    8. Other information necessary, in the sole reasonable discretion of the planning commission, to fully illustrate the development proposed by the applicant.
  • In reviewing and approving or disapproving site development plans, the planning commission shall consider the proposal of the applicant, the minimum requirements of these zoning regulations and other ordinances of the city, state and federal law to the extent applicable, and reasonable aesthetic standards considering best design practices appropriate to the type of building, occupancy, land use, and other factors applicable to the development proposed.
  • If construction has not commenced within twelve months of the final approval of the site development plan, the site development plan expires and is considered null and void.
    1. Prior to the site development plan's expiration, the property owner may submit, in writing, a request to the community development director for one, six-month extension. The community development director at their discretion may approve or deny the request.
    2. If the site development plan expires, the property owner may apply for renewal of the site development per this section.

    • (Ord. No. 54, art. 3, § 3-314, 12-4-1958; Ord. No. 1320, § 1, 2-23-1998; Ord. No. 1529, § 1, 3-13-2006; Ord. No. 1762 , § 2, 3-27-2017)

    Effective on: 1/1/1901

    Sec. 74-88. - Required materials for exposed façade of certain commercial buildings.

    New commercial, industrial, and office buildings shall have brick, masonry, masonry block or decorative concrete as the primary exposed façade material visible from public rights-of-way, unless, due to special conditions, unusual circumstances, or the nature and extent of the building and occupancy proposed, alternative materials are approved by the planning commission.

    (Ord. No. 54, art. 3, § 3-314, 12-4-1958)

    Effective on: 1/1/1901

    Sec. 74-89. - Number of structures and uses on a zoning lot.

  • In residential districts not more than one principal residential structure shall be located on a single zoning lot, unless permitted by the district regulations in which located. An additional residential building shall not be located on the same zoning lot with any other principal building.
  • In business or industrial districts, any number of structures except residential structures and uses may be constructed or established on a single zoning lot, but no single zoning lot shall be smaller than the minimum lot area prescribed for the district in which it is located.

    • (Ord. No. 54, art. 3, § 3-401, 12-4-1958)

    Effective on: 1/1/1901

    Sec. 74-90. - Platted building and setback lines.

    If a recorded subdivision plat imposes a building or setback line for a lot which is different than a setback or building line required by the applicable section of this chapter, the more restrictive building or setback line shall control. An applicant for a building permit shall have the burden to provide to the city a copy of the most recent recorded plat of the applicable property for determination of the more restrictive requirements; the city shall have no duty to independently investigate plat requirements and shall have the right to rely upon information provided by the applicant.

    (Ord. No. 54, art. 3, § 3-402, 12-4-1958)

    Effective on: 1/1/1901

    Sec. 74-91. - Average setback in residential districts.

  • In residential districts on streets where a front yard of more than that required by this chapter has been maintained for existing structures on lots having a frontage of 50 percent or more of the total frontage on one side of that portion of the street line between two intersecting streets, there shall be maintained a front yard setback of not less than the average setback of the existing structures, provided that this regulation shall not be interpreted to require a front yard setback of more than 50 feet.
  • In residential districts on streets where a front yard less than that required by this chapter has been maintained for existing structures on lots having a frontage of 50 percent or more of the frontage on one side of that portion of the street line between two intersecting streets, the front yard setback need not be greater than the average setback of the existing structures, provided that this regulation shall not be interpreted to permit a front yard setback of less than 20 feet.

    • (Ord. No. 54, art. 3, § 3-403, 12-4-1958)

    Effective on: 1/1/1901

    Sec. 74-92. - Yard requirements for open land.

    If a zoning lot is or will be occupied by a permitted use without a structure, then the minimum setback and minimum side and rear yards that would otherwise be required for the zoning lots shall be provided and maintained unless some other provision of this chapter requires or permits a different minimum setback, front, side or rear yard. The front, side and rear yards shall not be required on zoning lots used for garden purposes without structures or on zoning lots used for open public recreation areas.

    (Ord. No. 54, art. 3, § 3-404, 12-4-1958)

    Effective on: 1/1/1901

    Sec. 74-93. - Allocation and disposition of required yard or open space.

  • No part of a lot area, a yard or other open space, or off-street parking or loading space provided in connection with any structure or use in order to comply with this chapter shall, by reason of change of ownership or otherwise, be included as part of the minimum lot area, yard, open space, off-street parking or loading space required for any other structure or use, except as specifically provided herein.
  • All of the lot area and all yards and other open spaces provided in connection with any structure or use in order to comply with this chapter shall be located on the same lot as such structure or use.
  • No part of the lot area, of the yard, or other open space, or off-street parking or loading space provided in connection with any structure or use including, but not limited to, any structure or use existing on the effective date of the ordinance from which this chapter is derived or by any amendment thereof shall be subsequently reduced below or further reduced if already less than the minimum requirements of this chapter for the equivalent new construction.

    • (Ord. No. 54, art. 3, § 3-405, 12-4-1958)

    Effective on: 1/1/1901

    Sec. 74-94. - Yard obstructions.

  • Generally. The following are permitted in any required yard:
    1. Open terraces not over 30 inches above the average elevation of the adjoining ground, but not including a permanently roofed over terrace or porch;
    2. Awnings;
    3. Steps 30 inches or less above grade that are necessary for access to a permanent structure or for access to a lot from a street or alley;
    4. Arbors, trellises, flagpoles;
    5. Signs when permitted by city sign regulations;
    6. Trees and shrubbery not obstructing the view of oncoming traffic on a side lot line abutting a street; and
    7. Eaves or soffits may project from a vertical wall of a structure up to three feet into a required yard, but no closer than two feet to the property line.
  • Recreational and laundry drying facilities; carports. Recreational and laundry drying facilities and carports are not permitted in required front yards.
  • Canopies. Canopies are permitted in required front and rear yards; provided, that canopies having a roof area not exceeding 60 square feet may project a maximum of six feet into the required front or rear yard.
  • Fencing.
    1. If any provision in this chapter requires a fence in any yard, then such fence shall be a permitted obstruction.
    2. Any required front yard may include ornamental fences that are nonconfining and permit the free passage of air and light, provided that such fences are no higher than 48 inches above grade and do not obstruct the view of on-coming traffic from any direction; provided, however, that chainlink, woven wire, wire fabric, snow and other wire or mesh fences are prohibited in required front yards.
    3. No fence shall exceed six feet in height, unless otherwise required.
    4. In the C-2, C-3 and I-1 districts only, barbed wire only (however not razor wire, ribbon wire, barbed ribbon, concertina wire, or other barbed fencing) may be placed on the top of chainlink fencing or other permitted fencing. Any barbed wire must be at least six feet above grade. Barbed wire shall be limited to no more than three strands spaced no greater than eight inches apart. No barbed wire shall be located adjacent to or upon any property zoned or used for residential use.
    5. Fences shall be constructed of materials typically manufactured for the construction of permanent fencing. Examples of fencing materials include, but are not limited to, the following: wrought iron or other decorative metals suitable for the construction of fences, masonry, stone, chain link, metal tubing, wood planks, woven wire, and vinyl or fiberglass composite manufactured specifically as fencing materials or other materials that are approved of by the community development director.
    6. The installation of above ground electrical fences is prohibited.
    7. All fences shall be constructed with the finished side facing outward from the property. The posts and support beams shall be on the inside or shall be designed as an integral part of the finished surface.

    • (Ord. No. 54, art. 3, § 3-406, 12-4-1958; Ord. No. 1293, § 1, 3-24-1997; Ord. No. 1376, § 1, 5-22-2000; Ord. No. 1530, § 1, 1-23-2006; Ord. No. 1762 , § 3, 3-27-2017; Ord. No 1777 , § 1, 2-26-2018)

    Effective on: 1/1/1901

    Sec. 74-95. - Maintenance of screening facilities.

    It is the duty of each owner of property within the city to erect, maintain, repair and replace all screening facilities that are required to be placed on the property pursuant to the requirements of this chapter.

    (Ord. No. 54, art. 3, § 3-407, 12-4-1958)

    Effective on: 1/1/1901

    Sec. 74-96. - Use of residential land for access to commercial districts prohibited.

    No land that is located in a residential district shall be used for a driveway, walkway or access purpose to any land that is located in any business or industrial district.

    (Ord. No. 54, art. 3, § 3-408, 12-4-1958)

    Effective on: 1/1/1901

    Sec. 74-97. - Sewer and water facilities.

    All principal structures built after adoption of the ordinance from which this section is derived shall be served by and connected to an approved sewer and water system, as regulated by the city plumbing code. Septic tanks shall not be permitted except for the replacement of an existing septic tank that has been approved by the county.

    (Ord. No. 54, art. 3, § 3-410, 12-4-1958; Ord. No. 1762 , § 4, 3-27-2017)

    Effective on: 1/1/1901

    Sec. 74-98. - Vision clearance triangles.

  • A vision clearance triangle is a triangular area at the intersection of two streets, a street and an alley or a street and a railroad, two sides of which are curb lines or edge of pavement lines measured from the corner intersection of the curb lines or edge of pavement lines to a distance specified in this chapter. The third side of a triangle is a line across the corner joining the ends of the two sides. Where the curb lines or edge of pavement lines at an intersection have rounded corners, the lines will be extended in a straight line to a point of intersection.
  • The vision clearance areas shall contain no plantings, walls, structures or temporary or permanent obstructions exceeding 3½ feet in height measured from the top of the curb. Where trees exist they shall be kept trimmed seven feet high from the lowest branches to the top of the curb to permit adequate visibility of traffic signs and signals, and oncoming traffic. Any existing condition shall be maintained in such a manner that it will not block the view of oncoming traffic or create a traffic hazard.
  • Vision clearance areas shall be a minimum distance of 50 feet at street intersections or 25 feet at intersections involving an alley as represented in the following diagram:
    • Vision Clearance
    d=50 feet at streets
    d=25 feet at streets when intersection involves an alley.

    (Ord. No. 54, art. 3, § 3-411, 12-4-1958; Ord. No. 1190, § 1, 3-28-1994)

    Effective on: 1/1/1901

    Secs. 74-99—74-124. - Reserved.

    Effective on: 1/1/1901

    Sec. 74-125. - Definitions.

    The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

    Sec. 74-126. - Permitted as alternative to underground facilities.

    Subject to the provisions of this chapter, utility structures may be installed where alternative underground facilities are not reasonably feasible, taking into account industry practices, costs, technological considerations and other relevant factors.

    (Ord. No. 54, art. 3, § 3-502(A), 12-4-1958)

    Effective on: 1/1/1901

    Sec. 74-127. - Location restrictions.

  • Utility structures shall be permitted in any zoning district, but must be constructed within the right-of-way or within a utility easement (except for drop lines to residences and businesses), unless the utility provider owns the real property in fee.
  • The community development director may, in their reasonable discretion, designate certain locations to be excluded from the location of additional utility structures, including but not limited to, historic or scenic locations, or where additional utility structures are deemed unsuitable due to engineering, technological, proprietary, legal, public health, safety or welfare concerns; provided, that such discretion shall be in accordance with any applicable statutory provisions. The city will cooperate in good faith with the utility provider to attempt to find suitable alterative locations; provided, the city shall not be required to incur financial costs or to acquire new locations for the utility provider.

    • (Ord. No. 54, art. 3, § 3-502(B), (C), 12-4-1958)

    Effective on: 1/1/1901

    Sec. 74-128. - Utility structures exempt from bulk regulations.

    Utility structures shall be exempt from the city's bulk regulations. This provision shall not be construed to exempt a utility provider from any other applicable ordinances, authorization, regulations or other requirements of the city, including, but not limited to, franchise, right-of-way regulations, zoning regulations or building codes.

    (Ord. No. 54, art. 3, § 3-502(B), 12-4-1958)

    Effective on: 1/1/1901

    Sec. 74-129. - Obstruction and interference with public access and convenience.

  • A utility provider shall construct, operate, repair, and maintain its utility structure so as to reasonably minimize interference with the rights and reasonable convenience of the public and any adjacent or nearby property owner.
  • Any new utility structure (including the relocation or extension of an existing utility structure) shall be placed at a location that will not block or unduly interfere with the passage or placement of public improvements or facilities of other utility providers, as reasonably determined by the community development director or public works director.
  • The utility provider shall also consider any request made by the city concerning placement of its utility structures in utility easements in order to limit or eliminate future public improvement relocation expenses.

    • (Ord. No. 54, art. 3, § 3-502(D), 12-4-1958)

    Effective on: 1/1/1901

    Sec. 74-130. - Construction and maintenance.

  • All utility structures shall be properly constructed, repaired, maintained and kept in good and working condition and to a suitable degree of safety and appearance as established herein and by any other applicable code, statute, ordinance, law, regulation or standard, including any technical standards promulgated by any applicable national trade associations. Such requirement shall also include: maintaining the utility structure in a vertical or level position; and having all surfaces cleaned, painted or replaced as necessary in order to maintain the original appearance.
  • When working in a utility easement on or immediately adjacent to residential property, the utility provider shall either directly notify the property owner in person or leave notice on the door or the residence of the time and date work is to be done, the utility provider's name and telephone number, and, if applicable, the contractor's name. For planned projects requiring work in excess of five hours, such notice shall be provided at least 24 hours in advance.

    • (Ord. No. 54, art. 3, § 3-502(E), 12-4-1958)

    Effective on: 1/1/1901

    Sec. 74-131. - Technological improvements.

    As technology permits, utility providers shall reduce the size or remove the utility structures.

    (Ord. No. 54, art. 3, § 3-502(F), 12-4-1958)

    Effective on: 1/1/1901

    Sec. 74-132. - Protection of structures.

    It shall be the responsibility of the utility provider to take adequate measures to protect and defend its utility structure from harm and damage.

    (Ord. No. 54, art. 3, § 3-502(G), 12-4-1958)

    Effective on: 1/1/1901

    Sec. 74-133. - Small utility structures.

    Utility structures with a footprint smaller than one square foot and a height of three feet or less, or underground facilities that extend less than six inches above grade shall not require any specific city approval or permit; provided, however, this provision shall not be construed to exempt a small utility structure from any applicable city code or regulation, including, but not limited to, any applicable provisions of this division or any right-of-way permit requirement. In addition, the small utility structure shall not emit any unnecessary intrusive noise and shall comply with all noise requirements established by the city.

    (Ord. No. 54, art. 3, § 3-503, 12-4-1958)

    Effective on: 1/1/1901

    Sec. 74-134. - Medium utility structures.

    Utility structures not qualifying as small utility structures that have a footprint of 12 square feet or less in area, a height not exceeding 63 inches, and a pad not exceeding the lesser of 12 square feet or 2.5 times the area of the utility structure footprint, may be permitted upon approval of the community development director or their appointee. The design and landscaping or screening shall be subject to the following:

    1. Location.
      1. The utility provider will work with the city staff to determine a pad size and location that is most appropriate and compatible with the streetscape and adjacent uses, including any adjacent property owner's uses. When locating utility structures, priority shall be given to finding available utility easements in preferred locations. Preferred locations as listed in order of priority are:
        1. Properties developed with nonresidential uses;
        2. Rear yards;
        3. Side yards behind the front building line; and
        4. Rights-of-way.
      2. Within residentially zoned districts, utility structures shall be placed in the rear yard wherever practical. Where utility structures are necessary within the right-of-way, they shall be sufficiently set back from the street and shall be placed behind the sidewalk if applicable. In addition, a right-of-way permit shall be obtained for any work associated with the utility structure that will disturb the public right-of-way. Finally, there shall be a preference to the grouping of utility structures where practical, particularly in the right-of-way locations.
    2. Landscaping and screening. Unless waived by the community development director, landscaping or approved alternative screening shall be provided for all medium utility structures with a footprint exceeding two square feet where necessary to substantially screen the utility structure from public view or the view of adjacent property owners. If landscaping or screening is required, a plan shall be submitted identifying the plant sizes and varieties or proposed screening materials and dimensions. Landscape screening should consist of layered plan materials. Maintenance of all landscaping and screening shall be the responsibility of the utility provider, unless written acceptance of such responsibility (running with the land) is provided from the property owner when located within an easement. The community development director may waive landscaping and screening requirements where not practical or unnecessary.
    3. Noise. The utility structure shall not emit any unnecessary intrusive noise and shall comply with all noise requirements established by the city.
    4. Appeal. Any applicant that is not satisfied with any determination or decision of the community development director or their appointee may appeal the determination or decision to the planning commission.

    (Ord. No. 54, art. 3, § 3-504, 12-4-1958)

    Effective on: 1/1/1901

    Sec. 74-135. - Large utility structures.

    Utility structures that have a footprint exceeding 12 square feet in area, a height exceeding 63 inches, or a pad exceeding 12 square feet or 2.5 times the area of the utility structure footprint may be approved by the planning commission as a site plan approval if not covered under the approval of a final development plan. Adjacent property owners and, when located in an easement, the owner of the parent parcel shall be notified by first class mail and a sign shall be placed at the proposed location ten days prior to consideration by the planning commission. The planning commission shall use the following standards in its review of the application:

    1. Location.
      1. The utility provider will work with the city staff and the planning commission to determine a pad size and location that is most appropriate and compatible with the streetscape and adjacent uses, including any adjacent property owner's uses. When locating utility structures, priority shall be given to finding available utility easements in preferred locations. Preferred locations as listed in order of priority are:
        1. Properties developed with nonresidential uses;
        2. Rear yards;
        3. Side yards behind the front building line; and
        4. Right-of-way.
      2. Within residentially zoned districts, utility structures shall be placed in the rear yard wherever practical. Where utility structures are necessary within the right-of-way, they shall be sufficiently set back from the street and shall be placed behind the sidewalk if applicable. In addition, a right-of-way permit shall be obtained for any work associated with the utility structure that will disturb the public right-of-way. Finally, there shall be a preference to the grouping of utility structures where practical, particularly in the right-of-way locations.
    2. Landscaping and screening. Unless waived by the planning commission, landscaping or approved alternative screening shall be provided for all large utility structures where necessary to substantially screen the utility structure from public view or the view of adjacent property owners. If landscaping or screening is required, a plan shall be submitted identifying the plant sizes and varieties or proposed screening materials and dimensions. Landscape screening should consist of layered plan materials. Maintenance of all landscaping and screening shall be the responsibility of the utility provider, unless written acceptance of such responsibility (running with the land) is provided from the property owner when located within an easement. The planning commission may waive landscaping and screening requirements where not practical or unnecessary.
    3. Noise. The utility structure shall not emit any unnecessary intrusive noise and shall comply with all noise requirements established by the city.

    (Ord. No. 54, art. 3, § 3-505, 12-4-1958)

    Effective on: 1/1/1901

    Sec. 74-136. - Nonconforming utility structures.

    Nonconforming utility structures that were in existence on the effective date of the ordinance from which this division is derived, may continue in their current locations, provided, that documentation outlining the size and location of the utility structures is provided to the city prior to July 1, 2008.

    (Ord. No. 54, art. 3, § 3-506, 12-4-1958)

    Effective on: 1/1/1901

    Sec. 74-137. - Abandonment.

    Any utility structure not operated for a period of six months or more shall be considered abandoned and the utility structure shall be removed by the utility provider and the site returned to its original condition.

    (Ord. No. 54, art. 3, § 3-507, 12-4-1958; Ord. No. 1586, 1-28-2008)

    Effective on: 1/1/1901

    Secs. 74-138—74-157. - Reserved.

    Effective on: 1/1/1901

    Sec. 74-158. - Authorization; purpose.

    A day care home may be permitted as a conditional use when approved by the zoning administrator or his/her appointee. A group day care home may be permitted as a conditional use after a public hearing is held by the planning commission and a recommendation is forwarded to the city council for final action. The expressed intent behind regulating day care homes and group day care homes is as follows:

    1. To preserve the residential character of neighborhoods.
    2. To preserve the residential rights of neighbors, while reasonably allowing residents to utilize their residences to enhance or fulfill personal economic goals.
    3. To establish reasonable criteria for the operation of day cares in dwelling units.
    4. To preserve and protect municipal and utility services such as streets, sewers and water systems against increased utilization typical in commercial districts.
    5. To preserve tranquility in neighborhoods and prevent nonresidential activities typically found in commercial districts.

    (Ord. No. 54, art. 3, § 3-601, 12-4-1958; Ord. No. 1713, § 1, 2-24-2014 )

    Effective on: 1/1/1901

    Sec. 74-159. - Definitions.

    The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

    Sec. 74-160. - General provisions.

  • In general.
    1. A day care home may be operated from a single-family residence or a two-family attached dwelling unit. Group day care homes may only be operated from a single-family residence. A day care home or group day care home operation may only be conducted by those individuals who are primary residents of the residential unit in which the child care facility will be operated. As required by the State of Kansas, an alternate or substitute may be used when extenuating circumstances prevent the primary resident from operating the business. The alternate or substitute may only be utilized on a short term basis. In the event that an alternate or substitute is needed for more than 14 days, the approved provider must make a request in writing to the zoning administrator requesting an extension allowing for a longer substitution.
    2. All outside recreation areas for children must be enclosed with a fence. The entire fenced-in recreation area must be on the same portion of the property as the unit in which the day care operation occurs. Access from inside the dwelling unit to the fenced recreation area must also be fenced-in. All fencing must conform to the regulations set forth in section 74-94 of the Merriam Municipal Zoning Code.
    3. All day care homes and group day care homes are required to submit to annual inspections to be conducted by the city fire marshal or other designated city official. In addition, inspections may be conducted more frequently if deemed necessary by the fire marshal or other designated city official.
  • Location. Day care homes may be permitted in any single-family unit or two-family, attached dwelling unit subject to the approval of a conditional use permit. Group day care homes may be permitted in any single-family unit subject to the approval of a conditional use permit. Day Care Centers may be located in any approved zoning district as specified in ARTICLE III of this chapter.

    • (Ord. No. 54, art. 3, § 3-603, 12-4-1958; Ord. No. 1713, § 1, 2-24-2014 )

    Effective on: 1/1/1901

    Sec. 74-161. - Complaints and appeals.

    Complaints concerning day care homes and group day care homes shall be made to the zoning administrator or his/her appointee, or may be initiated by the city. Any person in violation of the home day care requirements and standards shall be notified in writing by the zoning administrator, or a his/her appointee, that a violation of these provisions has occurred, and provide three days from receipt of such notice to cure the violation. In the event such violation is not cured within such time, notice will be sent of the revocation of the conditional use permit. Any person who is aggrieved by the determination that a violation exists may appeal to the planning commission, and shall file an appeal within ten days of the date upon which written notification was issued. If an appeal is filed, the planning commission shall schedule and hold a hearing within 60 days of the filing date of the appeal. The planning commission shall uphold or reverse the determination that a violation exists, and if such violation is found to exist, revoke the conditional use permit. Any party aggrieved by such appeal finding may further appeal to the District Court of Johnson County, Kansas pursuant to K.S.A. 60-2101(d).

    (Ord. No. 54, art. 3, § 3-604, 12-4-1958; Ord. No. 1614, § 1, 2-23-2009; Ord. No. 1713, § 1, 2-24-2014 )

    Effective on: 1/1/1901

    Secs. 74-162—74-190. - Reserved.

    Effective on: 1/1/1901

    U
    Utility provider means any utility provider, carrier or other person or entity owning, leasing or operating any utility structure within the city.

    Effective on: 1/1/1901

    Utility structure
    Utility structure means any cabinet, pedestal, box, building, vault or other structure, including any associated equipment or appurtenances such as the supports and foundations, condensing units and generators, used for utility services, or any similar telecommunication, cable, broadband, internet or other service. For the purposes of this division, towers, poles and traffic signal controllers shall not be considered utility structures. All utility structures shall be contained within an enclosed structure (cabinet, pedestal, box, building or other structure) with no external equipment or appurtenance that might be considered a hazard.

    (Ord. No. 54, art. 3, § 3-501, 12-4-1958)

    Effective on: 1/1/1901

    Day Care Home
    Day Care Home. A child care facility operated out of a single-family unit or a two-family, attached dwelling unit that cares for a maximum of six children under the age of 16 at any given time may be permitted upon approval of a conditional use permit by the zoning administrator or his/her appointee. Both related and unrelated children under the age of 16 are counted when determining the maximum number of children allowed in a day care home. Approval of a day care home is conditional upon compliance with all Code and use limitations placed upon such approval.

    The applicant for the day care home shall provide the community development director satisfactory written evidence that the owners of all property within 200 feet of the premises proposed for use as a day care home have been notified of the application and been afforded a period of not less than ten days to submit written comments or objections thereto to the community development director thereto.

    Effective on: 1/1/1901

    Group day care home
    Group day care home. A child care facility operated out of a single-family unit that cares for a maximum of ten children under the age of 16 at any given time may be permitted by a conditional use permit after a public hearing is held by the planning commission and a recommendation is forwarded to the city council for final action. The notice and public hearing will be done in accordance with the requirements of subsection 50-48(g) of the Merriam Municipal Code. Both related and unrelated children under the age of 16 are counted when determining the maximum number of children allowed in a group day care home. Approval of a group day care home is conditional upon compliance with all code and use limitations placed upon such approval.

    (Ord. No. 54, art. 3, § 3-602, 12-4-1958; Ord. No. 1713, § 1, 2-24-2014 )

    Effective on: 1/1/1901