PZ - Proposed MCC and UDC changes as of 2-15-19 meeting with Legal and Planning1
Code Enforcement Proposed Unified Development Code changes for 2019
This document was prepared to serve as a recommendation for changes to the Meridian City
Code and Unified Development Code. It is the combined work and recommendation of the
Meridian Police Department’s Code Enforcement Unit , City Attorney staff and Community
Development-Planning.
The recommendations are made in hopes of; eliminating confusion for the public, addressing
common issues, eliminating loopholes and making the existing codes enforceable.
All of the code used in this document is a direct copy of the current code availab le on Sterling
Codifiers web page.
Color identification in each amended code:
Text in BLACK denotes the original language from the current code. No changes were made to
the original language. The original formatting has been modified to fit this document.
Text in BLUE denotes language that has been added.
Stricken text in RED denotes language that has been eliminated.
1. UDC 11-3C-4 (A)(2) PARKING STANDARDS (Fictitious Plates)
Foundation for the proposed amendment:
The amendment would cause the UDC to read more in line with the similar ISC 49-456.
The UDC as it currently reads allows a vehicle to display any currently registered license
plate even if the license plate is registered to another vehicle. Code Enforcement Officers
have experienced this occurring when trying to get property owners to come into compliance.
The front license plate of currently registered vehicle is often placed on the public view
portion the unregistered vehicle.
The amended 11-3C-4 (A) (2)
2. Types Of Vehicles; Location Of Parking: Only automobiles and motorcycles displaying
license plates and assigned to the vehicle with current registration may be parked in the
required street yard. All other vehicles, including, but not limited to, vehicles without current
registration, vehicles without license plates, recreational vehicles, personal recreational
items, boats, trailers and/or other vehicles shall only be parked in the rear or side yard and
shall be screened by a solid fence, six feet (6') in height.
2. 11-3A-11 OUTDOOR LIGHTING- General overhaul to make it reasonable and enforceable.
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Foundation for the amendment:
The current code does not adequately address light trespass. We are seeing advancements
in lighting technology. These advancements are making lighting retrofits cost effective and
common. With the retrofits come brighter lights. Code Enforcement is seeing an increase in
light trespass complaints. Through a recent investigation, City Attorney staff and Code
Enforcement learned light trespass is not enforceable with the language in our current code.
The code allows for an exemption of all light fixtures below 1,800 lumens (equal to an
average 120 watt incandescent bulb). One of these fixtures may not be a problem but the
current wording of the code allows for an indefinite number of these unregulated fixtures to
be installed in a single lighting project. The exemption allows said light fixtures to be
configured in any way regardless how they impact an abutting property.
A Lumen is a unit of measure routinely used by light fixture manufacturers and only
practically measured in a laboratory environment. Lumen ratings are practical when used in
the code for planning and development purposes but lumen measurements cannot be
practically obtained in the field. This creates a huge obstacle for Code Enforcement when
investigating light trespass complaints.
The standard unit of measure for field-work in the United States is the foot-candle. Foot-
candle measurements are easily obtainable from readily available instrumentation. The foot-
candle must be referenced in the code to make light trespass enforceable. Lumens in the
code should only be used when referencing fixture specifications as it applies to planning.
Foot-candles should be used in the code to govern light trespass once the fixture is installed.
Currently, when a permitted fixture is installed in a way that causes light trespass Code
Enforcement cannot take any action.
Holiday lighting is currently allowed for 40 days and is exempt from regulation. Which 40
days are not identified and such would require a daily inspection and documentation to
prove/enforce. The exemption allows holiday lighting to be the source of light trespass and
limit the enjoyment of abutting properties. We have seen exceptionally bright and flashing
lights that illuminate a majority of an abutting property. The change would eliminate the 40
day period and have holiday lighting comply with light trespass standards.
The amended 11-3A-11:
A. The following types of lighting are exempt from the regulations of this section: (Ord. 05-
1170, 8-30-2005, eff. 9-15-2005)
1. Light fixtures that have a maximum output of less than one thousand eight hundred (1800)
lumens unless said fixture is the source of light trespass in violation of subsection C (3) of
this chapter or is configured in a manner that impairs the vision of drivers and/or pedestrians
in violation of subsection B (6) of this chapter. (Ord. 11-1482, 4-26-2011, eff. 5-2-2011)
2. All outdoor lighting produced by the direct combustion of natural gas or other fossil fuels
such as kerosene lanterns or gas lamps.
3. Temporary h Holiday lighting used for forty (40) days or less per year that is not in
violation of this section.
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4. Vehicular lights and all temporary emergency lighting needed for fire protection, police
protection, and/or other emergency services.
5. All hazard warning lights required by federal or state regulatory agencies. (Ord. 05-1170,
8-30-2005, eff. 9-15-2005)
6. Lighting when used to light a governmental flag in accordance with 4 USC 6(a); and
provided, that the fixture used does not create light trespass in violation of this section.
7. Street lights installed and configured to the appropriate specification for the application as
determined by the Community Development Director or his/her appointee.
B. The installation, use, or display of any of the following types of lighting and/or illumination
shall be prohibited:
1. Mercury vapor lamp fixture and/or lamp.
2. Laser source light or any similar high intensity light.
3. Lighting that changes colors, revolves, or moves, including searchlights shall be prohibited
in all districts, except where approved for temporary uses under a valid, current city of
Meridian temporary use permit.
4. Lighting, including strings of lights, on commercial or private tower structures that exceed
the district height limit, except as required by regulations of the federal aviation
administration (FAA).
5. Strobing, revolving, or flashing lights.
6. Light or illumination with such brilliance or so positioned as to blind or dazzle impair the
vision of drivers and/or pedestrians.
7. Low pressure sodium lighting. (Ord. 09-1436, 12-15-2009, eff. 1-1-2010)
C. Standards:
1. Light fixtures that have a maximum output of one thousand eight hundred (1,800) lumens
or more shall have an opaque top to prevent uplighting; the bulb shall not be visible and shall
have a full cutoff shield. See figure 1 of this section.
2. Light fixtures with a maximum output of one thousand eight hundred (1,800) lumens or
more shall be placed such that the effective zone of light (as documented by the photometric
test report) shall not trespass on abutting residential properties. See figure 2 of this section.
(Ord. 11-1482, 4-26-2011, eff. 5-2-2011)
3. All light emitting from any parcel shall not cause the light level along any property line
abutting a residential use to exceed 0.1 foot-candle. Light readings shall be measured at a
height of 60 inches above grade and in a plane at any angle of inclination. Any light exceeding
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0.1 foot-candle, when documented in the above manner, and extending onto an abutting
residential use constitutes light trespass.
FIGURE 1
EXAMPLES OF FULL CUTOFF SHIELDS
Replace this outdated poor quality image
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(New image recommendation for Figure 1)
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FIGURE 2
LIGHT TRESPASS
Replace this outdated, low quality, zoning specific, image
With an image similar to this
4. Floodlight fixtures shall be located positioned in such a manner as to prevent direct glare
into a street and to minimize impact on abutting properties. prevent light trespass on
abutting properties.
a. Floodlight fixtures shall be set to go on only when triggered by activity on the property
(sensor activated) and to go off within five (5) minutes after activation has ceased.
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b. Floodlight fixtures shall be installed so that they do not tilt up more than forty five degrees
(45°) down from vertical.
5. Uplighting shall only be allowed in cases where the fixture and any light it emits are
shielded from the sky by a roof overhang or similar structural shield.
6. In residential districts, the height of a freestanding light fixture on private property shall not
exceed six feet (6'). Streetlamps are exempt from this height restriction.
7. Light fixtures mounted on a wall may extend to the full height of the structure, but no
farther.
8. Electrical feeds to outdoor light fixtures shall be underground, not overhead.
9. If an owner or applicant desires to obtain an alternative compliance from the provisions of
this section, the procedure shall be in accord with chapter 5, "Administration", of this title.
(Ord. 05-1170, 8-30-2005, eff. 9-15-2005; amd. Ord. 11-1482, 4-26-2011, eff. 5-2-2011)
Lighting Specific Definitions:
Foot-candle: A standard unit of measurement used to identify the intensity of light. A unit of
illumination equal to that given by a source of one candela at a distance of one foot. This is the
SAE/Imperial unit of measurement whereas Lux is the Metric unit of measurement.
Light trespass: Light emitting from one property that crosses the property line of another
property in excess of 0.1 foot-candle as measured at a height of 60 inches above grade in a
plane at any angle of inclination.
Lumen: A lighting industry standard unit of measurement used to measure the total quantity of
visible light emitted by a source.
6. 11-3A-14: OUTDOOR STORAGE AS AN ACCESSORY USE
Foundation for the amendment:
An outdoor storage investigation recently went to a jury trial. During the trial it was made
apparent that our current outdoor storage language does not include “personal property.” This
became an issue when defense counsel asked the investigating officer to explain how the items
referenced fit the current language in the code. The current language easily applies to
commercial properties but not residential properties.
“Accessory Use-Residential, Incidental, Secondary and Personal Property” need to be defined in
code to allow uniform enforcement.
The amended 11-3A-14:
11-3A-14: OUTDOOR STORAGE AS AN ACCESSORY USE:
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Accessory outdoor storage shall be allowed for an approved use subject to the following
standards:
A. All outdoor storage of material, equipment, inventory, personal property and/or supplies
shall be conducted in an orderly manner. It shall be unlawful to conduct outdoor storage of
materials, equipment, inventory, personal property and/or supplies in a manner that:
1. Creates a public nuisance, visual blight, or acoustic impacts by reason of condition,
duration, and/or volume.
2. Blocks, impedes or overlaps any sidewalk and/or vehicular traffic.
3. Causes the site to be used as a "vehicle wrecking or junk yard" as herein defined.
B. For properties in commercial and/or traditional districts, outdoor storage of materials,
equipment, inventory, and/or supplies shall be incorporated into the overall design of buildings
and site landscaping so that the visual impacts of these functions are fully contained and
screened from view of adjacent properties, the railway corridor, and public streets by a solid
fence or wall with a minimum height of six feet (6'). Such fence and/or wall shall be constructed
of complementary or of similar design and materials of the primary structure.
C. For properties in residential districts, all materials, equipment, inventory, personal property
and/or supplies, shall only be stored in the rear or side yard and shall be screened by a solid
fence, six feet (6') in height. No outdoor storage of materials, equipment, inventory, personal
property and/or supplies shall be allowed in the required street yard, except as follows: On
corner properties, such materials may be stored in the street side yard where such area is
screened by a solid fence, six feet (6') in height; see section 11-3A-7 of this article for fencing
regulations in street side yards.
D. For properties in industrial districts, the following standards shall apply:
1. For properties that are adjacent to nonindustrial properties and/or public streets,
outdoor storage of materials, equipment, inventory, and/or supplies shall be
incorporated into the overall design of buildings and site landscaping so that the visual
impacts of these functions are fully contained and screened from view of adjacent
nonindustrial properties and/or public streets by a solid fence and/or wall with a
minimum height of six feet (6'). Such fence and/or wall shall be constructed of
complementary or of similar design and materials of the primary structure.
2. For properties that adjoin the railway corridor, in addition to the standards of
subsection D1 of this section, outdoor storage of materials, equipment, inventory,
and/or supplies shall be screened from the edge of the required street buffer a distance
of one hundred feet (100') from the edge of right of way parallel to the railway corridor.
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3. For properties where subsections D1 and/or D2 of this section do not apply, outdoor
storage areas do not need to be screened. (Ord. 09-1420, 6-23-2009, eff. 6-23-2009)
DEFINITIONS TO BE ADDED FOR OUTDOOR STORAGE
ACCESSORY USE-RESIDENTIAL: A use or activity on a residential property that is secondary to
the principal use.
SECONDARY: A lesser or subordinate position.
PERSONAL PROPERTY: Any property that is not real property.
6. 11-3A-20: Travelling Sleeping Quarters
Foundation for the amendment:
The current title and the definition are inconsistent. The title reads in part “…Sleeping Quarters”
and the definition reads in part “…living quarters.”
The tiny house movement is growing in popularity and we are seeing them in Meridian. Mobile
tiny houses are not currently defined in our code. As their popularity increases, we are fielding
more inquiries about Meridian’s stance on them.
The amended 11-3A-20:
11-3A-20: Traveling Sleeping Living Quarters:
No motor vehicle or trailer including, but not limited to, travel trailers, fifth wheels,
recreational vehicles, mobile tiny houses and/or motor coaches, shall be used as a residence
or as living quarters except within an approved recreational vehicle park. No recreational
equipment, including, but not limited to, tents, tepees, yurts, and/or huts, shall be used as a
residence or as living quarters. (Ord. 10-1439, 1-12-2010, eff. 1-18-2010)
Add “mobile tiny houses” to the UDC definition of Recreational Vehicle in 11-1A-1.
7. 11-1-11: CODE ENFORCEMENT
Foundation for the amendment:
Recently a UDC violation case went to a court trial. The prosecutor, defense council and judge
all pointed out the UDC does not specifically outline the methods of service when serving a UDC
violator notice of a violation. The MCC does outline this process in 4-2-3 (C) 1, 2 and 3.
The amended 11-1-11:
A. Duty To Enforce:
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1. It shall be the duty of the community development director or designee to interpret
this title. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005; amd. Ord. 12-1514, 5-16-2012,
eff. 5-21-2012)
2. It shall be the duty of the code enforcement division of the police department to
enforce the regulations of this title, as set forth in this section. Code enforcement
officers may call upon the services of the planning, fire, parks or other appropriate
city departments to assist in enforcement.
3. It is the intent of this title to place the obligation of complying with its requirements
upon the owner, occupier or other person responsible for the condition of the land
and buildings within the scope of this title.
B. Investigation:
1. The code enforcement officer shall investigate any structure or use which he or she
reasonably believes does not comply with the standards and requirements of this
title.
2. If, after investigation, it is determined that the standards or requirements of this title
have been violated, a code enforcement officer shall serve a notice of violation upon
the owner, tenant or other person responsible for the condition. The notice of
violation shall state separately each standard or requirement violated; shall state
what corrective action, if any, is necessary to comply with the standards or
requirements; and shall set a reasonable time for compliance. The notice shall state
that any further violation may result in criminal prosecution and/or civil penalties.
(Ord. 05-1170, 8-30-2005, eff. 9-15-2005)
3. The notice shall be served upon the owner, tenant or other person responsible for
the condition addressed to the last known address of such person. If no address is
known, then notice may be made by publication in the newspaper of record for the
City of Meridian. The Code Enforcement Officer will record all efforts made to effect
service in person or by mail as part of their investigative report. (Ord. 07-1325, 7-10-
2007). Methods of service shall be by any of the following:
a. Personal service upon such owner, occupier, or person in charge or control of the
property; or
b. Regular mail to such owner, occupier, or person in charge or control of the
property, at the address shown on the last available assessment roll, or as otherwise
known; or
c. Posting such notice and order at a conspicuous place on the property and
publishing one notice in the official newspaper of the City that the property has been
posted in accordance with this chapter and ordering the owner, occupier, or person
in charge or control of the property to remedy the violation by the given date.
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