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ZOA-12-001 UNIFIED DEVELOPMENT CODE TEXT AMENDMENTDIAN Planning Department UDC TEXT AMENDMENT r Application Checklist File #: All applications are required to contain one copy of the following Note: Only one copy of the above items need be submitted when submitting multiple applications Additional Requirements for UDC Text Amendment Applications: APPLICATION WILL NOT BE ACCEPTED UNLESS ALL ITEMS ON THE CHECKLIST ARE SUBMITTED. 33 E. Broadway Avenue, Suite 210 o Meridian, Idaho 83642 Phone: (208) 884-5533 o Facsimile: (208) 888-6854 o Website: www.meridiancity.org (Rev. I l/4/08) name: I Applicant ({) Description Staff (J) Completed & signed Commission & Council Review Application Narrative fully describing the proposed request Pre-application meeting notes (Alt applications that require a public hearing are required to conduct a pre- application meeting with the Planning Department.) Fee Applicant (J) Description Staff (./ ) Include the following additional information in the project narrative: I gb VII. UNIF'IED DEVELOPMENT CODE ,d d.,J The applicant has identified specific sections of the IIDC that should be amended for thv/ode to function efficiently and to more appropriately meet the needs of our customers and the City. This application includes changes to the following sections of the UDC: Chapter 1, Article A: DEFINITIONS Chapter 2, Article A: RESIDENTIAL DISTRICTS Chapter 2, Article B: COMMERCIAL DISTzuCTS Chapter 2, Article D: TRADITIONAL NEIGHBORHOOD DISTzuCTS Chapter 3, Article A: STANDARD REGTILATIONS IN ALL DISTRICTS Chapter 3, Article B: LANDSCAPING REQUIREMENTS Chapter 3, Article C: OFF STREET PARKING AND LOADING REQUIREMENTS Chapter 3, Article D: SIGN REQUIREMENTS Chapter 3, Article G: COMMON OPEN SPACE AND SITE AMENITY REQUIREMENTS Chapter 4: SPECIFIC USE STANDARDS Chapter 5, Article A: GENERAL PROVISIONS Chapter 5, Article B: SPECIFIC PROVISIONS The proposed changes are noted below in double strike-out/underline format. The column marked "Reason for Change" indicates the intended purpose or reason for the text amendment. After meeting with the Parks Department and Police Department to discuss the proposed changes, a few modifications to the proposed changes are requested as noted below in bold underline/double strike-out format. Text Title 11 X Replace all references to "planning directo/' with "community development director'' Update Section Reason for Change A B 11-4-3-42 11-4-3-43 11-4-3-42: WAREHOUSE: Accessory uses allowed: Office not to exceed twenty five percent (25%) and retail sales not to exceed ten percent (10%) of the total enclosed area of the use. Outside activity areas shall be located a minimum of three hundred ieet (300') from any property line adjoining a residence or a residential district. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) 11.4-3.43: WIRELESS COMMUNICATION FACILITY: Purpose: The purpose of this section is to accommodate the communications needs of the city of Meridian's residents and businesses while at the same time protecting the safety, aesthetic appeal and general wel{are of the community. Furthermore, it is the purpose of this section to regulate the impact of communications towers within the city limits and to provide for the needs of the public and businesses for wireless communications. The intent of this section is to: 1. Facilitate the provision of wireless telecommunication services to the residents and businesses of the city of Meridian; 2. Minimize the adverse visual effects of communications towers and other similar structures through careful design standards; 3. Avoid potential damage to adjacent properties from the structural failure of towers and other such structures through structural standards and setback requirements; and B. Applicability: The following provisions shall apply to any construction, installation, addition to or increase in the height ol any wireless communications tower. (Ord. 05-.1 170, 8-30-2005, eff . 9-15-2005) c Process Based On Standards And Districts: The process for wireless communication facilities is dependent upon standards as set forth in this section and the district in which the facility is located. A City of Meridian September 2011 4. Require the collocation of new wireless communication equipment, when possible, in order to reduce the number of towers required to serve the city. 11-4-3-43 11-4-3-43 a. Towers supporting amateur radio antennas that do not exceed . _.- the maximum building height Iimit ior the district in which it is located shall be deemed an accessory use and shall require certificate of zoning compliance approval prlor to installation. b. Towers supporting amateur radio antennas that exceed the -- building height limit for the district in which it is located shall require conditional use approval. _ c. Within residential districts, no towers supporting amateur radio ' antennas shall be placed within the front, side or street side yard. d. Within nonresidential districts, towers supporting amateur ..,. rudio antennas shall meet the setback standards as set forth in subsection G of this section. (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) 2. Collocation Of New Equipment: Collocation oI new equipment on /,an existing tower or structure within any district shall be deemed a principally permitted use and shall require a certificate of zoning compliance prior to installation. (Ord. 1 1-1482, 4-26-2011 , eff. s-2-2O11) 3. Stealth Towers: Stealth towers shall be those that are determined by the director to be hidden or camouflaged and that do not exceed the height limitation oi the district in which it is located. Stealth towers meetin stan il permitted use and ificate of zonin m liance pnor rns 4. Wireless Communication Facilities ln An lndustrial District: Wireless communication facilities in an industrial district that do not exceed one hundred feet (100') shall be deemed a principally permitted use and shall require a certiiicate of zoning compliance prior to installation. 5. Other Wireless Communication Facilities: All other wireless communication facilities that meet the standards as set lorth in subsections E through I of this section, shall require conditional use approval. (Ord. 08-1372, 7-8-2OO8, eff. 7-8-2008) Flequired Documentation: The applicant shall provide the following documentation with the request for approval of a wireless communi- cation facility: h D September 20'11 City of Meridiqn 1. Amateur Radio Antennas (i.e., Ham Radio Antennas): x 11-4-3-43 11-4-3-43 1. Documentation from a qualified and licensed engineer showing .-,' thal the proposed iacility will be in compliance with the FCC standards regarding radio frequency (RF) emissions. 2. A report from a qualified and licensed structural engineer that describes the tower height and design. The report shall include the following: a cross section oi the tower, elevations that document the height above grade for all potential mounting positions for collocated antennas, and the minimum separation distances between antennas. The report must also include a description of the tower's capacity regarding the number and type of antennas that it can accommodate and what precautions the applicant will take to avoid interference with established public sa{ety telecommunications. This report must be stamped by the structural engineer and include other information necessary to evaluate the request. 3. For all wireless communication facilities, a letter ol intent L./' committing the tower owner and his, her or its successors to allow the shared use of the tower, as required by this section, if an additional user agrees in writing to meet reasonable terms and conditions for shared use. 4. A statement regarding compliance with regulations administered and enlorced by the federal aviation administration (FAA). 5. Propagation charts showing existing and proposed transmission coverage at the subject site and within an area large enough to provide an understanding of why the facility needs to be in the chosen location. 6. A written analysis demonstrating that the proposed site is the most appropriate site within the immediate area. The analysis shall include, but is not limited to, the following: a. Description of the surrounding area, including topography; b. Natural and manmade impediments, if any, that would obstruct adequate wireless telephone transmissions; d. Technical limitations of the system that limit siting options. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) City of Merid,ian September 2008 c. Physical site constraints, il any, that would preclude construction of a wireless communications facility on any other site; 1 1-4-3-43 11-4-3-43 Antenna Standards Within Residential Districts: The following standards shall apply to all wireless communication facilities within residential districts except those that qualify as amateur radio antennas as set forth in subsection C o1 this section: 1. The antennas shall be less than four (4) square feet in area and mounted to: a. New guywires). poles (not lattice structures or structures requiring b. Existing poles or streetlights. c. Buildings. d. Towers. e. New streetlights in existing neighborhoods shall only be allowed with approval of the public works director. The public works ,/ director shall determine if the benefit derived from the new streetlight is greater than the maintenance and increased utility fees associated with the streetlight. 2. The facility shall not exceed the height limitation of the district in which it is located. 3. Where the applicant does not own the supporting structure, 'after antennas securing a attached license agreement to support structures with the owner shall and be allowed other responsible only parties, as applicable. 4. Streetlights or poles with attached antennas shall be separated by a minimum of five hundred ieet (500'). 5. Antennas attached to streetlights shall be painted to match the streetlights and shall be attached only to Meridian standard streetlights (not on ornamental fixtures). 6. Any facilities within resideniial districts !ot meeting these standards shall require approval of a variance in addition to conditional use approval. (Ord. 08-1372, 7-8:Zoo8, eff. 7-8-2008) Design Standards: All new communications towers shall meet the following minimum design standards: F City of Meridian E. September 2008 11-4-3-43 11-4-3-43 1. Towers and antennas shall be required to blend into the surrounding environment by paint or other camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities such as the federal aviation administration. All metal shall be corrosive resistant or treated to prevent corrosion. 2. All new communication towers shall be of monopole design, unless the decision making body determines that an alternative design (i.e., lattice ire, etc.) would be appropriate because of ocation or necessity. 3. No part of any antenna, disk, array or other such item attached to a communications tower shall be permitted to overhang any part of the right of way or property line. 4. The base of all towers shall be surrounded by a sight obscuring security fence, in accord with the underlying zone. 5. All tower lacilities shall include a landscape buffer. The bufier shall consist of a landscape strip of at least five feet (5') wide outside the perimeter of the compound. A minimum of fifty percent t_/ (50%) of the plant material shall be of an evergreen variety. ln locations of where the visual impact of the tower is minimal, the director may waive this requirement through the alternative compliance procedure in accord with chapter 5, "Administration", ol this title. 6. All climbing pegs within the bottom twenty feet (20') of the tower shall be removed except when the tower is being serviced. 7. All lighting on the tower, other than may be required by the FAA, shall be prohibited. 8. No tower shall have constructed thereon, or attached thereto, in any way, any platform, catwalk, crow's nest, or like structure, except during periods of construction or repair. No signs or banners shall be attached to any poition of a wireless communications tower. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005; amd. Ord. 08-1372, 7-8-2008, eff.7-8-2008) G. Setback Standards: 1. lf the tower does not exceed the maximum building height allowed for the zoning of the land upon which it is to be placed, the tower City of Merid.ian September 2008 11-4-3-43 1 1-4-3-43 shall meet the setback requirement for that zone, with the following exceptions: a. lf the property is located next to a residential district, the setback requirements shall be one hundred twenty five percent (125"k) ot the height of the tower. b. lf the tower exceeds the maximum height allowance for the district, the setback requirements shall be one foot (1') for every ten feet (10') ol tower height, in addition to the district's setback requirements. c. lf the tower is not constructed to meet the standards set forth in the Telecommunications lndustry Association/Electronic lndustries Association (TlA/ElA) 222 tevision F standards entitled "Structural Standards For Steel Antenna Supporting Structures", the setback requirement shall be one foot (1') for every foot in height of the tower. This shall be measured from all property lines and shall be referred to as the "fall zone". Only the accessory equipment building shall be permitted to be located within the fall zone. 2. Communication towers must be set back from all public streets by a minimum of two (2) times the height of the tower to be installed. lf this setback requirement is in conflict with any other setback requirement, the setback shall be the greater distance. 3. Any facilities not meeting these standards shall require approval of a conditional use and a variance. (Ord. 08-1372, 7-8-2008, eff' 7-8-2008) H. CollocationStandards: 1. A proposal for a new commercial communication tower shall not be approved unless the decision making body finds that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower. 2. lt shall be the burden of the applicant to demonstrate that the proposed tower or antenna cannot be accommodated on an existing or approved tower or structure. One or more following pieces of documentation shall be provided as proof that the new tower is necessary: a. Unwillingness of other tower or facility owners to entertain shared use. September 2008 City of Meridian 11-4-3-43 11-4-3-44 b. The proposed collocation of an existing tower or facility would be in violation of any state or federal law. c. The planned equipment would exceed the structural capacity of existing towers, as documented by a qualified and licensed structural engineer. d. The planned equipment would cause interference, materially impacting the usability of other existing or planned equipment on the tower as documented by a qualified and licensed engineer. e. Existing or approved towers cannot accommodate the planned equipment at a height necessary to function reasonably as docu- mented by a qualified and licensed engineer. 3. All proposed communication towers shall be designed (struc- turally, electrically, and in all respects) to accommodate both the applicant's antennas and comparable antennas for at least two (2) additional users if the tower is over one hundred ten feet (1 10') in height and for at least one additional user if the tower is over filty feet (50') in height. Abandoned Or Unused Towers Or Portions Of Towers: All abandoned or unused towers and associated facilities shall be required to be removed within sixty (60) days of cessation of use as a wireless communication facility, unless a time extension is granted by the city council. A copy of the relevant portions of a signed lease, which requires the applicant to remove the tower and associated facilities upon cessation of the use as a wireless communication facility, shall be submitted at the time of application and resubmitted upon renewal or termination. ln the event that the tower and asso- ciated facilities are not removed within the sixty (60) days, the tower and associated facilities may be removed by the city and the costs of removal assessed against the real property. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005; amd. Ord. 08-1372, 7-8-2OO8, etf. 7-8-2008) 11-4-3-44i RETAIL STORE. WINE AND BEER SALES AND SERVINGS: The applicant shall maintain a current wine and beer sales permit for on premises consumption (which includes retail sales). Liquor sales shall be prohibited. A City of Meridian November 20'1 1 t. 11-14-1 $ b [B, DEFINITION OF TERMS: CONSTRUCTION SAND AND GRAVEL MINING: The use of a site for one or more of the following activities: a) operating commercial grade (i.e., construction) sand and gravel pits; b) dredging for commercial grade sand and gravel; and c) washing, screening, or otherwise preparing commercial grade sand and gravel (excludinq crushinq operations). GRAND OPENING: A premetienal aetivity used by newly established HEALTHCARE AND SOCIAL SERVICES: The use of a site for ambulatory healthcare services. lncluded in this use are offices of dentists; physicians; chiropractors; optometrists; mental health practitioners; physical, occupational and speech therapists; audiologists; outpatient care centers; family planning centers, medical and diagnostic laboratories, imaging centers, kidney dialysis blood and organ banks. Social service uses but are not limited to, individual and familv services: communitv food and housino, emeroency and other relief services, vocational services; services for the elderly and persons with disabilities: vocational rehabilitation services; and emerqency and other relief services. MANSARD ROOF: A sleped fagade arehiteeturally-able te be treated as a gufle+ng-walt MONOPOtE, A eylindrieal shaped pele, usually made ef steer, that has ne visible break in shape er appearanee, ether than tapering, whieh is seeured te PENNANT: Aq' lightweight plastie, fabrie, er ether material, wheher er net eentaining a rnessage ef any kind, suspended frem a repe, wire, er string, usually in series, designed te meve in the wind, The displayef a single pennant unattaehed te anether; may be regarded as a type ef deeerative flag, TOWER, FULL ARRAY: A wireless communication that does not as a stealth tower n0r See Section 1 1-1A-1 , figure 3 of this article SLIMLINE: A wireless m0 and one or with one another atop the set in 1-4-3-43. See Section 1'l-1A-1 ure 3 of this TOWER, STEALTH; A wireless communication facility which is disguised as Exclude crushing operations from this use at the request of City Council. .,rr{ to' Grand openings are now regulated under Title 3, Temporary Uses Definition did not include types of social services. Remove - sign code no longer contains a reference to a mansard roof. Remove - definition is already included under "tower, monopole'. Remove - pennants are no longer included in sign code Add definitions for different types of wireless communication towers. l 11-'1A-1 Figure 3 wiseconcealedfromview.Examplesofstealthfacilities inciuG, 6ut are not limitedto, street lights, field lights, flagpoles, trees or architectural elements as dormers, steeples, and chimneys. VEHICLE SALES OR RENTAL AND SERVICE: The sale, rental, trade, or lease of new or used vehicles in operating condition and any repair work or minor service. Repair work or minor service shall include, but not be limited to, replacement of parts (e.9., tires, shocks, brakes, mufflers, windshields, radiators, upholstery), oil change, minor engine repair, tune up, and accessory sales of replacement parts. Any operation specified under the definition of "vehicle repair, majod' of this section is excluded. Full Array Tower Slimline Tower lnclude "rental" in definition Add diagram for towers 11-2A-2 Table CTS ,1 C P P ALLOWED USES IN THE RESIDENTIAL Add group daycare as prohibited in R-2 (this hasn't changed) & conditional use in R-4 11-2A-3 Standards: D. Encroachments Allowed in Any Setback: 3. One detached accessory building that is-hs+{han does not exceed one hundred twenty (120) square feet in area and eight feet (8') or less in height shall be allowed in the required rear yard. ln no case shall an accessory building be allowed in the street yard or the required side yard. Residential Districts Change is consistent with building code. ALLOWED USES IN THE COMMERCIAL DISTRICTS Laundd and clean P A Add as a permitted use in the C-N & C-C districts 11-28-3 x 4. 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) propertv abuts a residential use or district. Extended hours of operation in the C-C and C-G districts mav be requested throuqh a conditional use permit. +his These restrictiong applyres to all business operations occuning outside an enclosed structure, including, but not limited to, customer or client visits, trash compacting, and deliveries. ftis These restrictions does not apply to business operations occuning within an enclosed structure, including, but not limited to, cleaning, bookkeeping, and after houns work by a limited number of employees. J limited from six o'clock (6.00) A.M. to eleven o'clock (11:00) P.M. when the P.M. Business hours of operation within the C-C and C-G districts shall be COMMERCIAL DISTRICTS STANDARDS: A. Dimensional Standards: This restriction was added at the request of the Mayor, p* 65,r,kJ f-^'fJet'^ bryW rc+<.\ ^{" + ve5. 11-2D-2 Table ALLOWED USES IN THE TRADITIONAL NEIGHBORHOOD DISTRICTS TN P P Add use as a permitted use in traditional neighborhood diskicts Figure 11-2D-6E Enlarge the size of the figure to be more legible. Figure is too small - not othenilise waived bv the Director. Such liqhtinq shall be shielded from adioinino residences. streets which s/b lit bv street lights. 1 1 -3A- 1 2 OUTDOOR SERVICE AND EQUIPMENT AREAS: €.8. Outdoor utility meters, HVAC equipment, trash dumpsters, trash compaction and other service functions shall be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. Safe access and adequate liqhtino should be provided in these areas. I ncorporate CPTED strategies. Bv nature, screenino of trash enclosures does cream hidino area within the eneiosueruhiehis unavoidable. 1 1 -38- 1 PURPOSE: E. These reoulations are intended to ist in the implementation of CPTED (Crime Prevention Throuqh Environmental Desion) strateqies to reduce the opportunities of fear and incidence of crime and improve the quality of life. lncorporate CPTED strategies. 1 1-3B-5 STANDARDS & INSTALLATION: P. Safetv: in rathwaysi and Hp eq a+sbk€afuS'E+e# 3.L Landscapino shall be desiqned & installed in such a wav as to provide natural surveillance oooortunities public areas and not create hidinq places or blind spots. +Z. SnruOs anO otan entrvwavs snoun Oe prevent overgrowth an lng oBlotunities-brcdrne I ncorporate CPTED strategies. 1 1-38-9 LANDSCAPE BUFFERS TO ADJOINING USES: C. Standards: 6, Open Water Pends, Aesthetieally designed epen water pends an*helding ired epen ing stanCadsi brceding€{€un+ Staff recommends the standards for open water ponds be moved to 1 1-3G- 38.8 under Qualified Open Space requirements as these requirements refer to the area of ponds allowed to comprise of required open space areas along with standards for such. 1 1-3B-13 LANDSCAPE MAINTENANCE: C. STANDARDS: 6. Pruninq: The lower branches of trees shall be pruned and maintained at 2t3 2 unit 4+ 3 unit Notes: a The reouired number of oarkino for the residential oortion of a verticallv inteorated oroiect shall in addition to that required for non- 'l-3c-6B 11-3C-4 PARKING STANDARDS FOR SINGLE-FAMILY DETACHED, TOWNHOUSES, SECONDARY, DUPLEX AND SINGLE.FAMILY ATTACHED DWELLINGS: A. Use And Design Of Parking Areas: 2. Types Of Vehicles; Location Of Parking: Only regrstercd automobiles and motorcycles displavinq license plates and current reqistration 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. B. lmprovements: 1. Except as allowed in subsection 82 of this section, all off street parking areas and driveways into and through a parking area shall be improved with a compacted gravel base, not less than four inches (4") thick, surfaced with concrete or asphaltic pavement. No person shall park, or allow to be parked, an automobile or motorcvcle in the required street vard on any surface other than compacted oravel base, not less than four inches (4") thick, surfaced with concrete or asphaltic pavement. Requested by Code Enforcement - including the requirement for license plates to be displayed on vehicles will facilitate enforcement. Also requested by Code Enforcement - current code does not include parking standards, only parking surface standards. This will authonze officers to address vehicles parked on a noncompliant surface. 11-3D-8 BUSINESS IDENTIFICATION SIGNS v A. General Standards for Business ldentification Signs: 3. Setbacks And Location Of Freestanding And Limited Duration Signs: ln all districts, no part of a freestanding and/or limited duration sign, including the footing, shall be located closer than one five feet (15') from any street property line and twelve and one-half feet (12.5') from any rear or interior side property line, unless greater separation is required. The 5' setback created too many non-conforming signs as the previous setback was 1' - changebackto,,f ,q) d-"1-Vt 11-3D-9 ADDITIONAL ALLOWANCE FOR SIGNS OF A LIMITED DURATION: D. Process: 1. The applicant shall obtain a limited duration sign permit through the 11-3G-3 desiqned open water ponds and holdinq areas may compnse up to twenty five percent (25%Lqf Afequifed open space area. All ponds with a permanent water level shall meet the followinq standards: a. The pond shall have recirculated water. D. Location. 3. Common open space & site amenities should be located in areas of hiqh visibility (i.e. alonq streets, where doors and windows overlook public areas, etc.) to reduce the opportu . b. The pond shall be maintained such that it does not become a mosquito 8. Open Water Ponds: Aestheticallv breedinq qround. B. Qualified Open Space: See reason for change in 11- 3B-9 above. lncorporate CPTED strategies. lnclude reason for reouirement 11-4-3 SPECIFIC USE STANDARDS ENUMERATED 1 1 -4.3.9 DAYCARE FACILITIES: A. General standards for all child daycare and adult care uses, including the classifications of daycare center; daycare, family; and daycare, group. 4. Upon tentative approval of the application by the director or commission for a daycare center facility, the applicant or owner shall provide proof of criminal background checks and fire inspection certificates as required by title 39, chapter 1'1, ldaho Code. Said proof shall be provided prior to issuance of certificate of zoning compliance. The applicant or owner shall comoly with all State of ldaho and Department of Health and Welfare requirements for daycare facilities. 11.4-3-11 DRIVE-THROUGH ESTABLISHMENT: C. A site plan shall be submitted that demonstrates safe pedestrian and vehicular access and circulation on the site and between adjacent properties. At a minimum, the plan shall demonstrate compliance with the following standards: 5. The site should be desiqned so that the drive throuqh is visible from a public street for surveillance purposes. 1 1 -4-3-17 FINANCIAL INSTITUTIONS: c. All approaches and entrances to ATMs should be hiohlv visibre and adequatelv lit so that people cannot loiter. or enter, without beinq seen. The addition of security cameras are hiohlv recommended. 1 1 -4-3-43 WIRELESS COMMU N ICAIION FACILITY: SIR/KE ALL OF THE EXISTING TEXT IN 11-4-3-43 & REPUCE WITH THE FOLLOWING: A. nis Added requirement for compliance with State & Dept. of H &W requirements. lncorporate CPTED strategies. I ncorporate CPTE D strategies. 'r communications needs of the city of Meridian's residents and businesses while at the same time orotectinq the safety, aesthetic appeal and qeneral welfare of the community. Furthermore, it is the oumose of this section to reoulate the impact of communication towers within the citv limits and to provide for the wireless communication needs of the public. 1. The intent Facilitate of this the section provision is to:of wireless telecommunication services to 2. the Minimize residents the adverse and businesses visual effects of the of citv communication of Meridian.towers and other similar structures throuqh careful desion standards 3. Avoid ootential damaoe to ad properties from the structural failure of towers and other such structures throuqh structural standards and setback requirements. the collocation of new wireless m when possible, in order to reduce the number of towens required to 5.citv serve Encouraoe the the location of wi communication facilities in non- residential distncts and/or d where non-residential uses are allowed 4 h Encouraoe the construction of communication towers which are compatible with their surroundinos and do not detract from the overall visual quality of the city. B. Apolicability: The followinq provisions shall apply to any construction, installation, addition to or increase in the heiqht of anv wireless communication tower. C. Process: The process for wireless communication facilities is dependent upon standards as set forth in this section and the district in which the facilitv is located, 1. All proposed communication towers shall be desiqned (structurally and electricallv) to accommodate the apolicant's antennas as well 2. A as orooosal collocation for for a new at least commercial one (1) additional communication user.tower shall not be aooroved unless the makinq body finds that the telecommunications equipment planned for the orooosed tower cannot be accommodated on an existinq or aporoved structure and/or tower. 3. lt shall be the burden of the applicant to oroposed tower or antenna cannot be accommodated on an existinq or approved tower or structure. One or more of the followino documentation shall be as proof that the new tower is necessary: a. Unwillinqness of other tower or facility owners to entertain shared use. b. The prooosed collocation of existinq tower or facilitv would be in violation of anv state or federal law The planned equipment would exceed the structural capacitv of existinq towers, as documented by a qualified and licensed structural enqineer. d. The planned equipment would cause interference, materially impactinq the usability of other existino or planned equipment on ified and c Update code to be more customer-friendly and understandable to our providers and/or our residents 4. e. enqineer. Existinq or aporoved towers cannot accommodate the planned equipment at a heiqht necessarv to function reasonablv as documented bv a oualified Radio Frequencv enqineer. Collocation a. Collocation of new of new equipment equipment shall on meet an existinq the followinq aporoved standards: tower within anv district shall be deemed a princioally permitted use and shall require a certificate of zoninq comoliance prior to b. installation. Any i. Existinq new equipment poles or shall streetliqhts. be mounted to the followino: ii. Buildinqs. iii. Towers. does not own the structure antennas attached to support structures shall be allowed only after securinq written from the owner and other responsible oafties, as applicable. d. Streetlioht mounted antennas shall meet the followinq standards: i. Streetliohts or poles with attached antennas shall be separated bv a minimum of five hundred feet (500'). ii. Antennas attached to streetliqhts or other city owned poles shall be constructed so the existinq foundation can supoort the antenna and the pole. The public works director shall determine if the benefit derived from the new antenna is qreater than the maintenance and increased utility fees associated with the antenna. iii. Antennas attached to streetliqhts or poles shall not exceed ten feet (10') above the structure. iv. Antennas attached to streetliqhts shall be desiqned to be architecturally compatible with the structure or to match the color of the streetliqht or pole and shall be attached onlv to Meridian standard streetliohts (not on ornamental fixtures). e. Roof i. Roof mounted mounted antennas antennas shall shall meet only the be followinq allowed standards: on structures commercial, industrial, or allowed n0n- residential uses. ii. Roof mounted antennas shall only be located on a flat roof and shall be screened, constructed, and/or colored to match the to which the is attached. iii. All roof mounted antennas shall be screened as viewed from the farthest edoe of the adioininq riqht of wav. Wall i. Wall mounted mounted antennas antennas shall shall meet be the allowed followinq only standards: on structures with commercial, industrial, or allowed non- residential uses. ii. Wall mounted antennas shall not extend above the wall line of the structure. and d wall iii. 5 exceed 4 feet pqr seltor iv. A rna;lmum of four (4) wall mounted antennas shall be allowed per structure per sector v. A maximum of three (3) sectors are allowed per gtruclute. vi. Wall mounted antennas and associated equipment shall be constructed of a stealth desiqn to match the color of the structure and to be architecturallv compatible with the buildino. 0 Anv facilities not meetinq these standards shall require approval of a conditional use oermit, in addition to anv other necessary permits. I Stealth tower facilities shall meet the followinq standards: a. Stealth towers in residential districts with allowed non- residential uses shall require conditional use permit approval. ln all other districts, stealth towers shall be deemed a principally permitted use and shall require a certificate of zoninq compliance prior to installation. b. Facilities shall meet tfur setbacks of the zoninq district, except for facilities on a c. 0. aoproval of a conditional use permit, in addition to anv other necessary permits. a. Slimline Slimline Tower towers Facilities in residential shall meet districts the followinq with allowed standards non- residential uses shall require itional use permit approval. ln all other districts, towers shall be deemed a princioally permitted use and shall require a certificate of zonino compliance prior to installation. b. c. .., shall meet the ublic ri, of anten structures on a slimline tower not exceed eiqht feet (8') in e. Any heiqht facilities and four not feet meetino (4') in these width.standards shall require aoproval of a conditional use permit, in addition to anv other 7, FullAnav necessary permits. Facilities shall meet the standards d. Full arrav towers in industrial districts shall be deemed a z0ntn0 liance prior to llation. Full array towers are prohibited in all other districts. be inimum a d b. c. F, ad -$"# -'\{v *sk* \\ osL ,hrl \ rd 8 I d. Anv facilities not meetino these standards shall require approval of a conditronal use permit. in addition to any other necessary permits. Lattice or ouved desioned structures are prohibited. Amateur Radio Antennas (i.e., HAM Radio Antennas) shall meet the followinq standards: a Towers suooortino amateu r radio antennas that do not exceed the maximum buildinq heiqht limit for the district in which they are located shall be an accessory use and shall require certificate of zoninq compliance approval prior to installation. b. Towers supportino amateur radio antennas that exceed the buildino heiqht limit for the district in which thev are located c. shall Within require residential conditional districts, use no aoproval.towers supportinq amateur radio antennas shall be placed within the required front, side or d.vard Within street side nonresidentiald , towers supportinq amateur radio antennas on a orooertv nq a residential district with 10. standards as s6t forth in this section shall require conditional use approval. D. Required Documentation: The applicant shall provide the followinq documentation with the request for of a wireless communication 1. facilitv: For all wireless communication facilities, a letter of intent committino the tower owner and his, her or its successors to allow the shared use of the tower. as required bv this section, if an additional user aorees in writino to meet reasonable terms and 2. conditions Prooaqation for charts shared showinq use.existinq and transmission coveraqe at the subiect site and within an arealarqe enouqh to 3. provide an understandinq of whv the facility needs to be in the chosen location. A statement reoardino compliance with reoulations administered and enforced bv the federal communications commission (FCC) and/or the federal aviation admin istration (FAA) E. Desiqn Standards: All new communications towers shall meet the 1. followinq All towers minimum shall desiqn be desiqned standards: to architecturally com ble with the surrou buildinqs and uses in the district, or to the 2. The site. facilitv shall be oainted a l, non-reflective that will the resistant or treated to prevent corrosion. 2 Allnewof unication tower facilities shall be un ision stealth or ive or necessitY. No part of any antenna. disk, array or other such item attached to a communications tower shall be permitted to overhanq any part of 5. the The rioht facility of wav shall or not property be allowed line. within anv required street 6.buffer All landscape new communication tower facility structures require necessary permits. Structures contained within an underqround vault are exempt from this standard. 7 . Anv equipment at qround level shall be screened by a siqht 8. All obscurino tower facilities fence or shall structure.include a landscape buffer. The buffer shall consist of a landscape strip of at least five feet (5') wide outside the perimeter of the compound. A minimum of fifty percent (50%) of waive this requirement throuqh the altemative compliance 9. All climbinq peqs within the bottom twenty feet (20') of the tower shall be removed except when the tower is beino serviced. unused towers and associated facilities shall be required to be removed within sixty (60) davs of cessation of use as a wireless communication facility, unless a time extension is qranted bv the citv council. A cooy of the relevant oortions of a siqned lease, which requires the applicant to (60) davs, the tower and associated facilities mav be removed bv the citv and the costs of removal assessed aoainst the real propertv. 4 wireless appropriate because of location , in addition to any other 0f Towers: All abandoned or ities upon cessation of the use as a ln that an alternative desiqn would administrative desiqn review F. Abandoned Or Unused Towens Or remove the tower and associated are not tower is mini in accord with \ \ *5 ^,r\w ''$ns: 11-5A-5 C. Neighborhood Meetings: 1. Applicants for permits applications requiring a public hearing are required to hold a neighborhood meeting to provide an opportunity for public review of the proposed project prior to the submittal of an application, except a neighborhood meeting is not required for city council review, a vacation, and/or short plat. D. Posting of Public Hearing Notice: 1. Required: All applicants forpe+mi1s shall post the subject property, except requrn ng a pu blic hearing is not ired fo a u nified posting requ development code text amendment, hensive compre plan text a mendment, 'l 1-58-3 ANNEXATIONS AND REZONES: F. Development Agreement: 2. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with chapter 5, "Administration", of this title. When approved, said develooment aqreement shall be siqned bv the prooertv owne(s) and retumed to the citv within two (2) years of the city council qrantinq the modification. Add a timeframe in which the modified DA must be recorded after approval by council consistent with the timeframe required for DA's approved with rezones. 1 1-58-6 CONDITIONAL USES: G. Transfers and Modifications: 1. With the ereeptiens ef ehildeare serviees, eConditional use permits are an entitlement to the specific property on which the approval was granted and upon property sale the entitlement transfers to the new owne(s) without further application or approval, provided, however, the new owne(s) shall be bound by the same time limits and conditions of approval as the original permit holde(s). A conditional use permit is not transferable from one property to another. 4. A change in ownership for a daycare facility ry 1ot children shall requir the new applicant or owner to comply with the soecific use standards listed in 11-4-3-9 DAYCARE FACILITY CUP's for childcare seruices are an entitlement that runs with the land and shouldn't be excluded. New owners would still be required to obtain a license from Dept. of Health and Welfare in their name. 11-58-8 ADMINISTRATIVE DESIGN REVIEW C. Process: 1 , Fer prqeets requiring eenditienal use appreval, the applieant shall submit a written applieatien fer administrative design review eeneurrent with the ee*tenaiuse+plieatie+ Administrative design review is required to be submitted after the CUP with the CZC. Changes to Agenda: None Item #78: Unified Development Code Text Amendment (ZOA-12-00,l) Application(s): ) UDC Text Amendment Summary of Request: The Planning Department is the applicant requesting specific amendments to sections of the UDC in order for the code to function more efficiently & meet the needs of our customers & the City. This application includes changes to Chapters 1-5 of the UDC as detailed in Section Vll of the staff report. Many of the proposed changes are clean-up items, some are requested by Code Enforcement, & others are as follows: . Replace all references to "Planning Director'' with 'Community Development Director" .l . Modify definition of 'construction sand & gravel mining" to exclude crushing operations ,,.'$o . Modify 'healthcare & social services' definition to include examples of social service uses not previously $,I'' r included Add definitions for full anay, slimline, & stealth wireless communication towers along with a diagram of full anay & slimline towers. Allow group daycares as a conditional use inslead of a prohibited use in the R-4 district Restrict business hours of operation in the C-C & C-G districts from 6 am to 1 1 pm when the property abuts a residential use or district; extended hours may be requested through a CUP. lncorporation of CPTED (Crime Prevention Through Environmental Design) strategies in collaboration with the Police Dept. to reduce the opportunities of fear & incidence of cnme & improve the quality of life in the City, as follows: ) lllumination of pathways through intemal mmmon areas ) Safe access & adequate lighting for outdoor service & equipment areas ) Landscaping designed & installed to provide natunl surveillance opportunities from public areas ) Location of open space & site amenities in areas of high visibility (i.e. along streets, where doors & windows overlook public areas, etc.) ) Locate drive-thru's so they are visibre from a pubric ) Locale a[ approaches & entrances to ATM's so they str.are eet highry for surveiflance visibre purposes & adequatery rit change the setback for free-standing signs back to 1, from 5, as previousry required (the 5, setback created too many non{onforming signs) More code amendnenr aaaresirng irgn's a irome icci,upaii;;i; iri;;* Removar of the requirement for cups for daycare facirities to be modified when a change in ownership occurs - the new owner would still be required to obtain a license from ihe Dept. of Hea"lth name & Welilo ii tt.i,. & comply with the specific use standards listed i, re uoc ro,lavcare facilities. 0 New specific use standards for wireless communication facilities that are more concise, user-fnendly & up to date with cunent technology, The new standards encouraje tn. m.tiin ot t .illties in non-residential areas. the collo^cation of new wireless equipment on existing struJtures a tne aorlity for future collocation on new towers; & the use of stealth towers that are compatiue with trrelunourilrngs & oon't oetract from the visual quality of the city. Highlights of the proposed ) Specific standards for streeflight, roof & wall standards mounted include: antennas N$ > Specilic standards for stealth, slimline, and full anay tower facilities as well as amateur radio antennas - lattice or guyed designed structures are prohibited. F Full anay towers shall be deemed a principal permitted use in industrial districts & prohibited in all other districts. F All new communication tower facility structures, except forthose contained within an underground vault, require administrative design revrew in addition to any other necessary permits. Commission Recommendation: Approval Summary i. of ln Commission favor: Planning Public Dept. Hearing: ii. ln opposition: None iii. Commenting: None iv. Written testimony: Dave Szplett, ITD [concerned that ITD's communications towers located in the ROW might be prohibited by the proposed changes to the wireless communication facility code (Nof applicable as ITD is not a wieless comnunication industr .l Key lssue(i. s) of Proposed Discussion restriction by Commission:on business hours of operation in C-C & C-G distdcts when adjacent to residential zoning/uses. Key Commission ii. i. At At staffs staffs Change(request, request, s) to amend add Staff 1'l-5B-Recommendation 11-5B-3C.3C.4 as 3 shown as shown : in Section in Section Vll; Vl!; iii. At staffs request, amend 11-4-343E.8 as shown in Section Vll; iv. At staffs request, amend Table 11-58-5 as shown in Section Vll. Written Testimony since Commission Hearingl None Outstanding lssue(s) for City Council: None Notes: vacation c0m prehensive plan amendment initiated map the and/or short by city PUBLIC HEARING PROCESS: Clean-up - not all applications aoplicationspermits are Clean-up - not all applications are permits CCR does not require a neighborhood meeting planning department for seven (7), fifteen (15), thirty (30), sixty (60), er ninety (90), or one hundred twenty (120) day time periods. lt shall be unlawful for any person to erect or display on any property a limited duration sign without a valid and current limited duration sign permit. 5, The limited duratien sign permit shall be attaehed te the appreved sign Adding 7 & 120 day time periods for more options. Went away with Accela { $,,\ 0, a minimum heiqht of six feet above the qround or walkwav surface to afford I ncorporate CPTED strategies. Trees in oarkino lots. alono oathwavs. and in site trianoles are reouired to be oruned a minimum heioht of 8' above the 0round. 11-3C-6 Table REQUIRED PARKING SPACES FOR RESIDENTIAL USE Use and Form N Bed Vertically inteqrated 1 1.5 dwell unit Add parking requirements for vertically i nteg rated residential projects. qreater visibilitv of the area, exceot as otherwise Required legible. 11 *o'y.. PATHWAYS: H. All pathways through intemal comm shall be illuminated with a four (4)-foot tall bollard style or other appropriate li,qhtinq source, unless lncorporate CPTED strategies. Excludes oathwavs alono R-2 R-4 R-l5 R-40 [/ 11-28-2 Table Use C-N C-C C-G L-O M-E H-E Use o-T