CC - Planning and Zoning Commission Recommendations (Staff Report)1
Charlene Way
From:Bill Parsons
Sent:Friday, June 07, 2019 3:03 PM
To:Bill Nary; Ted Baird; Michelle Albertson; Chris Johnson; Charlene Way
Cc:Richard Everett
Subject:2019 UDC Text Amendment Recs for 06/11/2019 CC MTG
Attachments:2019 UDC Text Amendment Recs.pdf; CC Revisions Table.pdf
Attached are the Planning & Zoning Commission’s recommendations and the Staff Report for the proposed
2019 UDC Text Amendment. This item is scheduled to be on the City Council agenda on 06/11/2019. The
public hearing will be held at City Hall, 33 E. Broadway Avenue, beginning at 6:00 pm. Please call or e-mail
with any questions.
Bill Parsons, AICP | Planning Supervisor
City of Meridian | Community Development Dept.
33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642
Phone: 208-884-5533 | Fax: 208-489-0571
Built for Business, Designed for Living
All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law,
in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law.
STAFF REPORT E COMMUNITY
I--
COMMUNITY DEVELOPMENT DEPARTMENT )
DATE: June 11, 2019
TO: Mayor and City Council
FROM: Bill Parsons, Planning Supervisor
208-884-5533
SUBJECT: H-2019-0034
2019 UDC Text Amendment
PROPERTY LOCATION:
City wide
I. PROJECT DESCRIPTION
Request for a text amendment to update certain sections of the UDC pertaining to notification
of violations and definitions in Chapter 1; residential dimensional standards and allowed use
tables in Chapter 2; ditches, laterals, canals or drainage courses; outdoor lighting; outdoor storage;
traveling living quarters; landscape standards; parking standards; qualified open space and variance
processing in Chapter 3; specific use standards for educational institution, indoor shooting range,
multi -family development and restaurant in Chapter 4; public hearing, fees, variances and alternative
compliance in Chapter 5 AND other miscellaneous sections.
II. APPLICANT INFORMATION
A. Applicant:
City of Meridian
33 E. Broadway Ave., Suite #102
Meridian, ID 83642
B. Representative/Contact:
Bill Parsons, Planning Supervisor
Phone: (208) 489-0571
bparsons@meridiancity.org
III. NOTICING
A. Newspaper notification published on: April 19, 2019 (Commission); May 24, 2019 (City
Council)
Page 1
B. PSA distributed: April 16, 2019 (Commission); May 20, 2019 (City Council)
C. Next door posting: April 16, 2019 (Commission); May 21, 2019 (City Council)
IV. STAFF ANALYSIS
In accord with Meridian City Code 11-5, the Planning Division has applied to amend the text of the
Unified Development Code (UDC). For purposes of this application, both the Planning Division and the
Code Enforcement Division have work closely to compile a host of changes and combine them into one
application.
The text amendment includes updates to multiple sections and the addition of new provisions that pertain
to the following:
• Chapter 1: Notification of violations and definitions;
• Chapter 2: Residential dimensional standards and allowed use tables;
• Chapter 3: Ditches, laterals, canals and drainage courses, outdoor lighting, outdoor storage,
traveling sleeping quarters, landscape standards, parking standards, qualified open space and
variance processing;
• Chapter 4: Specific use standards for educational institutions, indoor shooting range, multi -family
development and restaurant;
• Chapter 5: Public hearing, fees, variances and alternative compliance;
• And other miscellaneous sections to improve the administration of the code.
All of the proposed changes to the UDC including the support documents are attached as separate
exhibits. Commentary has been provided for each of the respective code changes and new additions that
are proposed.
Staff has highlighted the requested Code Enforcement changes in light gray to delineate their
recommended changes. These recommendations are made in hopes of eliminating confusion for the
public, addressing common issues, eliminating loopholes and making the existing codes enforceable. The
changes being proposed by the Code Enforcement Division were not shared with the UDC Focus Group
or the BCA as they do not directly impact development per se. These changes were vetted separately with
City Council and fully endorsed.
Staff has shared the proposed Planning's Division changes with the UDC Focus Group and the
BCA. Several members of the UDC Focus Group have expressed concerns with the open space
changes (specifically removal of the street buffers from counting towards qualified open space) and
believe they should be deferred until the new Comprehensive Plan is adopted. At this time staff has
not modified the document based on earlier conversations. Further, staff has not received any other
recommendations to modify the current proposal. A separate memo prepared by staff was sent to
the BCA addressing some of these concerns. The Commission should determine if it is in the City's
best interest to delay amending the open space standards until the Plan is adopted.
In addition, the both NMID and SID shared their concerns with the City encouraging waterways to
remain open and integrated with developments. Primary concerns were safety and maintenance.
After discussing the issues with them, staff has modified UDC 11-3A-6 to include a requirement
that the applicant execute a license agreement for the irrigation districts if a waterway is to remain
open and public safety can be adequately addressed.
Page 2
Overall most of the proposed changes are supported by our Community partners. In summary, staff
believes the changes proposed with this application will make the implementation and use of the UDC
more understandable and enforceable.
MA]0191MMeI
Staff:
Staff recommends approval of the proposed text amendment to the UDC based on the analysis provided
in Section W, modifications in Section VI and the Findings of Fact and Conclusions of Law listed in
Section VII.
Commission:
The Meridian Planning & Zoning Commission heard this item on May 2, and 16, 2019. At the May
16th public hearing, the Commission voted to recommend approval of the subject UDC text
amendment request.
1. Summary of Commission public hearing_
a. In favor:
b. In opposition: None
c. Commenting: Will Patterson, Greg Curtis, Becky McKay, Jeanette Johnson, Jon Wardle, Jim
Conger and Denise LaFever
d. Written testimony: Jon Wardle, Bec , McKay and Bryce Farris
e. Staff presenting application: Bill Parsons
f Other Staff commenting on application: Caleb Hood
2. Ke, issue(s) of public testimony
a. Proposed text changes to UDC 11-3A-6; impact on delivery of water, public safe1y, fencing
waterways and improvements requiring irrigation district and /drainage entity authority.
b. Parking standards for age -restricted developments.
c. Common driveways taking access from private streets.
d. Removing street buffers from counting towards the required 10% percent common open
space for development.
e. Broader update to the common open space and amenity requirements.
£ Useable open space and setbacks between homes.
g_ Removing state highway access form the variance process.
h. Inviting stakeholders to participate in code changes and part of the UDC Focus Group.
g. Allowing another decision-making body (Commission or Director) grant a waiver to reduce
the 25 -foot landscape buffer when commercial and/or industrial properties abut a residential
use.
3. Key issue(s) of discussion by Commission:
a. Location of mobile tiny homes and requirements to establish the use in an R-40 zone.
b. Specify indoor shooting ranges to be measured from property line to property line or from
structure to structure.
C. Removal of the fee waivers from the ordinance impact economic development incentives.
d. More comprehensive solution to the common open space and amenity requirements.
e. Parking standards for age -restricted developments.
£ Parking standards for restaurants.
g_ Rational for establishing specific use standards for an indoor shootingrange.
h. Requirements for determining lightpass on adjacent properties.
4. Commission change(s) to Staff recommendation:
a. UDC 11-3G(B)Le. — Commission removed the words in width.
5. Outstandingissue(s) s�(s) for City Council: None
Page 3
VI. FINDINGS
1. UNIFIED DEVELOPMENT CODE TEXT AMENDMENTS: (UDC 11 -5B -3E)
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant a text amendment
to the Unified Development Code, the Council shall make the following findings:
A. The text amendment complies with the applicable provisions of the comprehensive plan;
The Commission finds that the proposed UDC text amendment complies with the applicable
provisions of the Comprehensive Plan if the changes to the text of the UDC are approved in
Section VI above. Please see Comprehensive Plan Policies and Goals, Section IV, of the
Staff Report for more information.
B. The text amendment shall not be materially detrimental to the public health, safety, and
welfare; and
The Commission finds that the proposed zoning ordinance amendment will not be
detrimental to the public health, safety or welfare if the changes to the text of the UDC are
approved in Section VI above. It is the intent of the text amendment to further the health, safety
and welfare of the public.
C. The text amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts.
The Commission finds that the proposed zoning ordinance amendment does not
propose any significant changes to how public utilities and services are provided to
developments. All City departments, public agencies and service providers that
currently review applications will continue to do so. Please refer to any written or
oral testimony provided by any public service provider(s) when making this finding.
Page 4
05/13/2019
1
Proposed UDC Text Amendments
UDC Section Topic Problem/Question/Revisions Potential Fix
11-1-11 Code enforcement Recggently 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.
B. Investigation:
1. The code enforcement officer shall investigate any structure or use which he or she reasonably believes does not comply with the stand ards
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 sha ll 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 a ddress of such
person. If no address is known, then notice may be made by publication in the newspape r 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 ava ilable 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 o f 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.
11-1A-1 Definition Add new definition of accessory use, residential. ACCESSORY USE, RESIDENTIAL: A use or activity on a residential property that is secondary to the principal use.
11-1A-1 Definition Separate the personal and professional definition. They are
separate uses in the allowed use tables in Chapter 2.
PERSONAL AND PROFESSIONAL SERVICES: The use of a site for the provision of individualized services generally related to personal needs.
Personal service uses include, but are not limited to, beauty and healthcare services such as salons, hair, nail and skin care, spa, and barbers;
fitness training and instruction; locksmiths; and repairs such as footwear and leather goods, and watches. Professional service uses include, but
are not limited to: architects, landscape architects and other design services; computer designers; consultan ts; lawyers; media advisors;
photography studios; fitness trainers; and title companies. The term does not include healthcare and social service.
PROFESSIONAL SERVICES: See definition of personal and professional services. Professional service uses include, but are not limited to:
architects, landscape architects and other design services; compute graphic designers; consultants; lawyers; media advisors; photography
studios; fitness trainers; and title companies general offices. The term does not include healthcare and social service.
11-1A-1 Definition Add new definition of foot-candle. 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.
11-1A-1 Definition Add new definition of an indoor shooting range. INDOOR SHOOTING RANGE: A controlled area of activity, specifically designed for the discharging of firearms at targets. The term does not
include arts, entertainment and recreation facilities.
11-1A-1 Definition Add new definition of light trespass. 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.
11-1A-1 Definition Add new definition of lumen. LUMEN: A lighting industry standard unit of measurement used to measure the total quantity of visible light emitted by a source.
11-1A-1 Definition Modify definition of open space to include linear open
space.
OPEN SPACE: An area substantially open to the sky that may be on the same property with a structure. The area may include, along with the
natural environmental features, linear open spaces, parks, playgrounds, trees, water areas, swimming pools, tennis courts, community centers
or other recreational facilities. This term shall not include streets, parking areas, or structures for habitation.
11-1A-1 Definition Add new definition of personal property. PERSONAL PROPERTY: Any property that is not real property.
05/13/2019
2
11-1A-1 Recreational vehicle Add the term mobile tiny homes to the definition. RECREATIONAL VEHICLE: A vehicle or portable structure primarily designed as temporary living accommodation for recreational, camping, and
travel use. The term shall include, but not be limited to, motor home, travel trailer, fifth wheel trailer, truck camper, fold down camping trailer,
park trailer, mobile tiny homes and travel trailer.
11-2A-3(B)(3) Minimum street frontages Ensure common driveways provide access to an abutting
public street. Remove from table.
3. Properties taking access from a common driveways do not require street frontage, but said common driveway shall connect to an abutting
public street.
Table 11-2A-6 Dimensional standards
of the R-8 District
Developer requested that the UDC specifically call-out
setbacks for side loaded garages in the R-8 district.
R-8 Standard Requirement
Minimum property size/dwelling unit (in square feet) 4,000
Minimum street frontage (in feet): 40
With alley loaded garage, side entry garage, or private mew lots 32
Street setback1 to garage (in feet):
Local 20
Collector 25
Alley 5
Street setback1 to living area and/or side loaded garage (in feet):
Local 10
Collector 25
Alley 5
Interior side setback (in feet) 5
Rear setback (in feet) 12
Street landscape buffer2 (in feet):
Collector 20
Arterial 25
Entryway corridor 35
Interstate 50
Maximum building height (in feet) 35
Table 11-2A-2 Allowed uses in the residential
districts
Updating table to reflect that restaurant uses have specific
use standards.
Use R-2 R-4 R-8 R-15 R-40
Restaurant1 - - - - A
05/13/2019
3
Table 11-2B-2 Allowed uses in the
commercial districts
Adding indoor shooting range to allowed use table in the
commercial districts.
Use C-N C-C C-G L-O M-E H-E
Hotel and motel1 P/C P/C P/C - C P
Indoor Shooting Range1 - - - - C -
Industry, information1 P P P C P P
Table 11-2B-2 Allowed uses in the
commercial districts
Updating table to reflect that restaurant uses have specific
use standards; specifically different parking standards.
Use C-N C-C C-G L-O M-E H-E
Restaurant1 P P P C A A
Table 11-2C-2 Allowed uses in the industrial
districts
Adding indoor shooting range to allowed use table in the
industrial districts.
Use I-L I-H
Fuel sales facility, truck stop1 C C
Indoor Shooting Range1 P C
Industry, heavy1 - P/C
Table 11-2C-2 Allowed uses in the industrial
districts
Updating table to reflect that restaurant uses have specific
use standards.
Use I-L I-H
Restaurant1 A A
Table 11-2D-2 Allowed uses in the traditional
neighborhood districts
Updating table to reflect that restaurant uses have specific
use standards.
Use O-T TN-C TN-R
Restaurant1 P P -
11-2B-3(A)(4)
Standards Clean-up item. Re-numbering this standard as it does not
pertain to a dimensional standard.
4B. Hours Of Operation: Business hours of operation within the L-O and C-N Districts shall be limited from six o'clock (6:00) A.M. to ten o'clock
(10:00) P.M. Business hours of operation within the C-C and C-G Districts shall be limited from six o'clock (6:00) A.M. to eleven o'clock (11:00)
P.M. when the property abuts a residential use or district. Extended hours of operation in the C -C and C-G Districts may be requested through a
conditional use permit. These restrictions apply to all business operations occurring outside an enclosed structure, including, but not
limited to, customer or client visits, trash compacting, and deliveries. These restrictions do not apply to business operations occurring
within an enclosed structure, including, but not limited to, cleaning, bookkeeping, and after hours work by a limited number of
employees.
05/13/2019
4
11-3A-6 Ditches, laterals, canals or
drainage courses
Amend this section of code to reference the definition of a
water amenity in chapter 1 and grant the decision-making
body on the application the authority to waive the tiling of
irrigation facilities.
Add new language as testified at the public hearing. Some
text was added based on feedback from NMID.
A. Purpose: The purpose of this section is to limit the tiling and piping of natural waterways, ditches, canals, laterals, sloughs and drains where
public safety is not a concern as well as improve, protect and incorporate creek corridors (Five Mile, Eight Mile, Nine Mile, Ten Mile, South
Slough and Jackson and Evan Drains) as an amenity in all residential, commercial and industrial designs. When piping and fencing is proposed,
the following standards shall apply.
B. Piping:
1. Natural waterways intersecting, crossing, or lying within the area being developed shall remain as a natural amenity and shall not be piped or
otherwise covered. See also subsection C1 of this section.
2. Irrigation ditches, laterals, canals, sloughs and drains may be left open when used as a water amenity or linear open space, as defined in UDC
11-1A-1, and any necessary approvals which may be required from an irrigation or drainage entity are obtained . See also subsection C2 of this
section.
3. Except as allowed above, all other irrigation ditches, laterals, sloughs or canals, intersecting, crossing or lying within the area being
developed, shall be piped, or otherwise covered. This requirement does not apply to property with only an irrigation easement where the actual
drainage facility is located on an adjoining property.
a. The city councildecision-making body may waive the requirement for covering such ditch, lateral, canal, sloughs or drain, if it finds that the
public purpose requiring such will not be served and public safety can be preserved and any necessary approvals which may be required from an
irrigation or drainage entity are obtained a license agreement is executed with the Irrigation District .
b. The city council may also waive this requirement for large capacity facilities.
C. Fencing:
1. Fencing along all natural waterways shall not prevent access to the waterway. In limited circumstances and in the interest of public safety, larger
open water systems may require fencing as determined by the city council, director and/or public works director.
2. Ditches, laterals, canals, sloughs and drains do not require fencing if it can be demonstrated by the applicant to the satisfaction of the director that
said ditch, lateral, canal, sloughs or drain serves as or will be improved as a part of the development, to be a water amenity. Construction drawings and
relevant calculations prepared by a qualified licensed professional registered in the state of Idaho shall be submitted to bo th the director and the
authorized representative of the water facility for approval.
3. Except as allowed above, all other open irrigation ditches, laterals, canals, sloughs and drains shall be fenced with an open vision fence at least six
feet (6') in height and having an 11-gauge, two inch (2") mesh or other construction, equivalent in ability to deter access to said ditch, lateral, canal,
sloughs or drain, which fence shall be securely fastened at its base at all places where any part of said lands or areas being subdivided touches either or
both sides of said ditch, lateral, canal, sloughs or drain.
D. Easements: In residential districts, irrigation easements wider than ten feet (10') shall be included in a common lot that is a minimum of twenty feet
(20') wide and outside of a fenced area, unless modified by city council at a public hearing with notice to surrounding property owners. Improvements
related to piping, fencing or any encroachment as outlined in sections A, B, and C of this section requires written approval from the appropriate
irrigation or drainage entity.
E. Impeding Movement Of Water Prohibited: For any irrigation or drainage ditch not within the jurisdiction of an irrigation or d rainage district, piping
shall not impede the movement of the amount of water crossing the property prior to development or the amount of water delivered to downstream
properties. Easements: In residential districts, irrigation easements wider than ten feet (10') shall be included in a common lot that is a minimum of
twenty feet (20') wide and outside of a fenced area, unless modified by city council at a public hearing with notice to surrounding property owners.
F. Natural Drainage Courses: All natural drainage courses shall be left undisturbed or be improved in a manner that will improve the hydraulics and ease
of maintenance of the channel. Relocation of natural swales is acceptable if the hydraulics and ease of maintenance are provided for. The term "natural
drainage course" shall not be deemed to apply to minor swales and depressions that are located entirely on the applicant's property and which serve a
relatively small area where runoff is infrequent. Impeding Movement Of Water Prohibited: For any irrigation or drainage ditch not within the
jurisdiction of an irrigation or drainage district, piping shall not impede the movement of the amount of water crossing the property prior to
development or the amount of water delivered to downstream properties.
G. Natural Drainage Courses: All natural drainage courses shall be left undisturbed or be improved in a manner that will improve the hydraulics and
ease of maintenance of the channel. Relocation of natural swales is acceptable if the hydraulics and ease of maintenance are provided for. The term
"natural drainage course" shall not be deemed to apply to minor swales and depressions that are located entirely on the applicant's property and which
serve a relatively small area where runoff is infrequent.
05/13/2019
5
11-3A-11 Outdoor lighting 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.
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 g as lamps.
3. Temporary hHoliday lighting used for forty (40) days or less per year that is not in violation of this section.
4. Vehicular lights and all temporary emergency lighting needed for fire protection, police protection, and/or other emergenc y 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 no t create light
trespass in violation of this section.
7. Street lights and historical 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 wher e 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, ex cept 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 ef fective 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. Floodlight fixtures shall be located in such a manner as to prevent direct glare into a street and to minimize impact on abut ting 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.
b. Floodlight fixtures shall be installed so that they do not tilt up more than forty five de grees (45°) down from vertical.
All light emitting from any parcel shall not cause the light level along any property line abutting a residential use to exce ed 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 0.1 foot-
candle, when documented in the above manner, and extending onto an abutting residential use constitutes light trespass.
4. Floodlight fixtures shall be located positioned in such a manner as to prevent direct glare into a street and to minimize impact on 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 of f within five (5)
minutes after activation has ceased.
05/13/2019
6
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.
56. In residential districts, the height of a freestanding light fixture on private property shall not exceed six feet (6'). St reetlamps are exempt
from this height restriction.
67. Light fixtures mounted on a wall may extend to the full height of the structure, but no farther.
78. Electrical feeds to outdoor light fixtures shall be underground, not overhead.
89. 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)
05/13/2019
7
11-3A-11 Figure 1 Replace existing figure with new one Figure 1
EXAMPLES OF FULL CUTOFF SHIELDS
OLD/REPLACE WITH NEW FIGURE BELOW
NEW FIGURE
05/13/2019
8
Figure 2 Replace existing figure with new one FIGURE 2
LIGHT TRESPASS
OLD/REPLACE WITH NEW FIGURE BELOW
NEW FIGURE
05/13/2019
9
11-3A-14(A) and (C) Outdoor storage as an
accessory use
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.
11-3A-14: OUTDOOR STORAGE AS AN ACCESSORY USE:
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 full y contained and
screened from view of adjacent properties, the railway corridor, and public streets by a solid fence or wall with a minimum height o f six feet
(6'). Such fence and/or wall shall be constructed of complementary or of similar design and materials of the primary str ucture.
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.
11-3A-14(D)(2) Outdoor storage as an
accessory use
Clean-up to provide clarification to this section of code. 2. For properties that adjoin the railway corridor, in addition to the standards of subsection D1 of this section, outdoor st orage of materials,
equipment, inventory, and/or supplies shall be screened from the interior 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.
11-3A-20 Travelling sleeping quarters 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.
11-3A-20: TRAVELLING SLEEPINGLIVING 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.
11-3B-5(A)(1) Standards and installation Update this section of code to reflect the newly adopted
tree publication guide for the Treasure Valley.
A. Approved Tree Species:
1. The publication titled "Treasure Valley Tree Selection Guide For Streets And Landscapes Throughout Idaho" by the urban forestry unit of the
Boise parks and recreation department (latest edition) is hereby adopted by this reference as the city of Meridian's list of approved and
prohibited tree species. The publication categorizes the trees by size as class I, class II, or class III trees.
11-3B-9(C)(2) Landscape buffers to adjoining
uses
Add flexibility to this section code so applicants don’t have
to submit City Council Review application to reduce the
landscape buffers when commercial and industrial uses
abut a residential use. Example of this is when a conditional
use permit is before Planning and Zoning Commission and
the Commission doesn’t have the authority to waive the
buffer except through the City Council Review process.
2. Minimum Buffer Size: The width of the buffer is determined by the district in which the property is located, unless such width is otherwise
modified by the decision making body set forth in UDC Table 11-5A-2 city council at a public hearing with notice to surrounding property
owners. The tables of dimensional standards for each district in accord with chapter 2, "District Regulations", of this title establish the minimum
buffer size. A reduction to the buffer width shall not affect building setbacks; all structures shall be set back from the pr operty line a minimum
of the buffer width required in the applicable zoning district.
05/13/2019
10
11-3C-4(A)(2) Parking standards for single-
family detached, townhomes,
secondary, duplex and single-
family attached dwellings
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.
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 c urrent 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.
05/13/2019
11
Table 11-3C-6 Required parking spaces for
residential use
Modify parking standards to make it clear what parking
standards apply to nursing care facilities and age restricted
housing. Request of the UDC Focus Group members, they
requested that 1 and 2 bedroom units have the same
parking requirements.
Use And Form
Number Of
Bedrooms (Per
Unit) Required Parking Spaces1
Age restricted elderly housing
(attached or detached)
1 0.5 per bed
2+ 2 per dwelling unit; at least 1 in an enclosed
garage, other space may be enclosed or a
minimum 10 foot by 20 foot parking pad2
Dwelling, duplex and dwelling,
single-family (detached,
attached, townhouse)
1/2 2 per dwelling unit; at least 1 in an enclosed
garage, other space may be enclosed or a
minimum 10 foot by 20 foot parking pad2
2/3/4 4 per dwelling unit; at least 2 in an enclosed
garage, other spaces may be enclosed or a
minimum 10 foot by 20 foot parking pad2
5+ 6 per dwelling unit; at least 3 in an enclosed
garage, other spaces may be enclosed or a
minimum 10 foot by 20 foot parking pad2
Dwelling, multi-family3 (triplex,
fourplex, apartments, etc.)
1 1.5 per dwelling unit; at least 1 in a covered
carport or garage
2/3 2 per dwelling unit; at least 1 in a covered
carport or garage
4+ 3 per dwelling unit; at least 2 in a covered
carport or garage
Dwelling, secondary 1 As set forth above for single-family dwellings
as determined by the total number of
bedrooms on the property
Nursing and Residential Care
Facility
1 0.5 per bed
Vertically integrated
residential4
1 1 per dwelling unit
2/3 1 per dwelling unit
4+ 1 per dwelling unit
05/13/2019
12
11-3D-8(A)(14)(f) Sign requirements Include a new figure to the sign ordinance since there is
a new interchange in the Ten Mile area.
f. Properties within six hundred sixty feet (660') of the Interstate 84 freeway right of way and propert ies adjoining the Interstate 84
interchanges, as depicted on figures 1, and/or 2 and/or 3 of this section are subject to the following standards:
(1) Such freestanding signs shall be in lieu of, and not in addition to, signs which may be permitted by the district provisi ons set forth in
subsections B through H of this section.
(2) Freestanding signs within six hundred sixty feet (660') of the Interstate 84 freeway right of way are prohibited in residential districts.
(3) The maximum background area of any sign shall not exceed one hundred fifty (150) square feet.
(4) The maximum height of any sign shall not exceed forty feet (40').
(5) Properties exceeding seven hundred fifty feet (750') of linear freeway frontage may be allowed an additional height allowance and
background area allowance. Such sign shall not exceed fifty feet (50') in height nor shall such sign exceed three hundred (30 0) square feet of
background area. Only one such sign shall be allowed per seven hundred fifty feet (750') of linear freeway frontage.
11-3D-8 Figure 1 Replace and add new Interchange figures. Figure 1
I-84/Meridian Road Interchange (Replace existing Exhibit)
05/13/2019
13
Figure 2 Figure 2
I-84/Eagle Road Interchange (Replace existing Exhibit)
05/13/2019
14
Figure 3 Figure 3
I-84/Ten Mile Interchange (New exhibit)
05/13/2019
15
11-3G-3(B) Qualified open space Modify the open space standards to ensure the City is
getting consolidated usable open space with residential
developments.
Once the new Comprehensive Plan is adopted, this section
of code will be reviewed in its entirety.
B. Qualified Open Space: The following may qualify to meet the common open space requirements:
1. Active Or Passive In Intended Use: Any open space that is active or passive in its intended use, and accessible by all residents of the
development, including, but not limited to:
a. Open grassy area of at least fifty feet by one hundred feet (50' x 100') in area;
b. Community garden;
c. Ponds or water features; or
d. Plaza.; or
e. Linear open space area that is at least 20 feet and up to 50 feet in width, has an access at each end, and is improved and landscaped as set
forth in subsection 11-3G-3E of this chapter.
2. Additions To Public Park: Additions to a public park or other public open space area.
3. Landscape Buffer as Open Space Full Area of Buffer: The full area of the landscape buffer along collector and arterial streets may count toward
the required common open space if developed with a 10-foot wide segment of the City’s pathway system, and where the pathway provides a
direct route to an adjacent passive or active open space noted in B1 and B2 above.
4. Percentage Of Buffer: Fifty percent (50%) of the landscape buffer along arterial streets may count toward the required common open space.
5. Parkways Along Collector And Local Residential Streets: Parkways along local residential streets that meet all of the following standards may
count toward the common open space requirement:
a. The parkway meets the minimum width standard as set forth in subsection 11-3A-17E of this chapter.
b. The parkway is planted with street trees in accord with section 11-3B-7, "Landscape Buffers Along Streets", of this chapter.
c. Except for alley accessed dwelling units, the area for curb cuts to each residential lot or common driveway shall be exclu ded from the open
space calculation. For purposes of this calculation, the curb cut area shall be twenty six feet (26') by the width of the parkway.
6. Parkways Along Arterials: Parkways along arterial streets that meet all of the following standards may count toward the co mmon open space
requirement:
a. The parkway is a minimum of ten feet (10') in width measured between edge of sidewalk and back of curb. Where ACHD is anticipating
future widening of the street, the width of the buffer shall be measured from the ultimate curb location as anticipated by AC HD; and
(1) The parkway is planted with street trees and other materials in accord with subsection 11-3B-7C, "Standards", of this chapter; or
(2) The parkway contains planter beds which meet the following requirements:
A) Lawn areas account for no more than fifty percent (50%) of parkway.
(B) Massed shrubs which at maturity provide vertical relief between minimum of one foot (1') and maximum of three feet (3') in he ight, cover
at least twenty five percent (25%) of parkway area during growing season. Shrubs must be planted as a continuous edge or in a distinct
repeating pattern to create vertical visual break between roadway and pedestrian areas
(C) Planter beds must meet mulching and vegetation coverage requirements listed under subsections 11-3B-5H and N of this chapter.
67. Stormwater Detention Facilities: Stormwater detention facilities when designed in accord with section 11-3B-11, "Stormwater Integration",
of this chapter may count towards the qualified open space requirement if located within a passive or active qualified open space of at least
twenty thousand (20,000) square feet and is visible from a public street(s) on at least two (2) sides.
78. Open Water Ponds: Aesthetically designed open water ponds and holding areas may comprise up to twenty five percent (25%) of a required
open space area when developed with at least one (1) site amenity in accord with UDC 11-3G-3C. All ponds with a permanent water level
shall meet the following standards:
a. The pond shall have recirculated water.
b. The pond shall be maintained such that it does not become a mosquito breeding ground.
05/13/2019
16
11-3H-3 Variance process Legal has determined that variance may not be required for Council to
approve an access to State highways per State Statue. This
modification to the UDC is being requested by the City Attorney’s
office. Added this language based on feedback from the public
hearing.
11-3H-3: PROCESS:
Staff shall review all development applications for compliance with these standards. The City Council decision making body may consider and approve
apply modifications to the standards of this article upon specific recommendation of the Idaho transportation department or if strict adherence is not
feasible, as determined by City Council.
11-4-3-14 Education Institution Add specific criteria for parking. I. In all commercial and residential districts, education institutions shall provide one parking space for every four hundred (400) square feet of gross
floor area.
11-4-3-27(B)(1) Site Design Recently, there have been some conflicts between the setbacks in the
UDC and the building code. This change is needed to make it clear that
the IBC has different ways of governing building separation on a
property.
B. Site Design:
1. Buildings shall provide a minimum setback of ten feet (10') unless a greater setback is otherwise required by this title and/or Title 10 of this Code.
Building setbacks shall take into account windows, entrances, porches and patios, and how they impact adjacent properties.
11-4 Indoor Shooting Range The City has approved one such facility in the Gramercy development.
This has caused issues for code enforcement and other sections of city
code. This use is currently defined as an indoor rec facility. Added this
language based on feedback from the public hearing.
11-4-3-47: INDOOR SHOOTING RANGE:
A. No indoor shooting range shall be allowed within three hundred feet (300’), measured from property line to property line, of a residential use or
district, daycare center, education institution, hospital, library or nursing or residential care facility.
B. Accessory uses including, but not limited to, retail, equipment rental and restaurants are allowed if designed to serve patrons of the use only.
C. The application shall include a sound study prepared by a licensed sound engineer that demonstrates how the proposed use will address the
impact of noise on adjoining uses. Any adverse effects shall be mitigated through setbacks, buffers, sound mitigation and/or hours of operation.
11-4 Restaurant Add specific uses standards for a restaurant, specifically to address
parking.
11-4-3-48: RESTAURANT
A. Parking:
1. At a minimum, one parking space shall be provided for every two and fifty (250) square feet of gross floor area.
2. Upon any change of use for an existing building or tenant space, a detailed parking plan shall be submitted that identifies the available parking
for the overall site that complies with the requirements of this title.
11-5A-6(G)(5) Public hearing Extend the time period when the Commission has to forward its
recommendation to Council. Need to make more consistent with this
section of code.
5. The decision making body (see section 11-5A-2, table 11-5A-2 of this article) action shall be made within seventy (70) days after receiving all
information to make a decision or seventy (70) days from the last meeting where the application is considered if additional information is not needed .
For applications where the commission is acting as a recommending body, the commission shall forward its recomme ndation to the council within
seventy forty five (4570) days.
11-5A-8(B) Fees Remove the request for fee waiver from code. 11-5A-8: FEES:
In the application of fees for the review of permit applications, the following rules shall apply:
A. Basis For Calculation: For any requested public hearing involving more than one classification of a petition or application, the filing fee shall be
calculated on the basis of the cumulative fee for the individual application(s).
B. Waiver Of Fee: Notwithstanding any of the preceding fee schedules, the city council shall have the authority to waive in whole or in part any
application fee when such a fee would present a hardship. An applicant for a hardship waiver must present the request in writ ing to the city council,
outlining the degree of such hardship.
C. Fees Not Refundable: Fees to be charged for the various procedures stated above are not refundable, except where a petition o r application is
withdrawn at least three (3) weeks prior to the date of its scheduled public hearing, and then only after order by the city council.
11-5B-4(B)
Variances Remove the access to state highways section from the applicability
section based on recommendation from Legal. State statutes do not
specify access to state highways as part of a variance process; may be
in violation.
A. Purpose: The purpose of this section is to establish procedures for modification from the bulk and placement requi rements of this title.
B. Applicability: The provisions of this section shall apply to requests to vary from the requirements of this title with respect to lot size, width, and
depth; front, side, and rear setbacks; parking spaces; building height; all other provisions of this title affecting the size and shape of a structure or the
placement upon properties; and the placement and/or number of access points to state highways. If a means of alternative compliance is available, it
should be exhausted before applying for a variance.
05/13/2019
17
Table 11-5B-5 Alternative compliance Clean-up item to include noise abatement standards in UDC 11-3H-
4(D) are eligible for alternative compliance.
B. Applicability:
1. This process is intended to replace specific requirements as set forth throughout this title as follows: (Ord. 05 -1170, 8-30-2005, eff. 9-15-2005)
TABLE 11-5B-5
ALTERNATIVE COMPLIANCE
Permit Section
Common driveway 11-6C-3
Common open space and site amenity requirements 11-3G
Fence requirements 11-3A-7
Height maximum in commercial districts 11-2B-3
Height maximum in industrial districts 11-2C-3
Height maximum in TN-C district 11-2D-5
Landscape buffer for wireless communication facilities 11-4-3-43E
Landscape requirements 11-3B
Landscaping for base of freestanding sign 11-3D-8
Lighting standards for pathway along State Highway 55 11-3H-4C3
Outdoor lighting requirements 11-3A-11
Multi-family private usable open space standards 11-4-3-27B3
Noise abatement standards 11-3H-4D
Parking and loading plan requirements 11-3C-5
Parking requirements 11-3C-6
Private street standards 11-3F-4
Projecting sign allowance 11-3D-8E and F
Sign location in the O-T district 11-3D-5
Structure and site design review standards 11-3A-19