REVISED Staff Report 3/15Changes to Agenda: None
Item #6A: Unified Development Code Text Amendment (ZOA-12.002)
Application(s):
- UDC text amendment
Summary of Request: The Planning Department is the applicant requesting amendments to specific 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 VII of the staff report. Many of the proposed changes are clean-up items, some are requested by Code
Enforcement, & others are as follows:
• Update all references to "Planning Director" with "Community Development Director"
• Modify definition of "construction sand & gravel mining" to exclude crushing operations
• Modify "healthcare & social services" definition to include examples of social service uses
• Add definitions for full array, slimline, & stealth wireless communication towers along with a diagram of full array & slimline towers
• Allow group daycares as a conditional use instead 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 11 pm when the property abuts a residential use or
district; extended hours may be requested through a CUP.
• Incorporation of CPTED (Crime Prevention Through Environmental Design) strategies in collaboration with the Police Dept. to
reduce the opportunities of fear & incidence of crime & improve the quality of life in the City, as follows:
- Illumination of pathways through internal common areas
- Safe access & adequate lighting for outdoor service & equipment areas
- Landscaping designed & installed to provide natural 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 visible from a public street for surveillance purposes
- Locate all approaches & entrances to ATM's so they are highly visible & adequately lit
• Change the setback for free-standing signs back to 1' from 5' as previously required (the 5' setback created too many non-
conforming signs) More code amendments addressing signs & home occupations to follow.
• Removal of the requirement for CUPs for daycare facilities to be modified when a change in ownership occurs -the new owner
would still be required to obtain a license from the Dept. of Health & Welfare in their name & comply with the specific use
standards listed in the UDC for daycare facilities.
• New specific use standards for wireless communication facilities that are more concise, user-friendly & up to date with current
technology. The new standards encourage the location of facilities in non-residential areas; the collocation of new wireless
equipment on existing structures & the ability for future collocation on new towers; & the use of stealth towers that are compatible
with the surroundings & don't detract from the visual quality of the city. Highlights of the proposed standards include:
- Specific standards for streetlight, roof & wall mounted antennas
- Specific standards for stealth, slimline, and full array tower facilities as well as amateur radio antennas - lattice or guyed
designed structures are prohibited.
- Full array towers shall be deemed a principal permitted use in industrial districts & prohibited in all other districts.
- All new communication tower facility structures, except for those contained within an underground vault, require
administrative design review in addition to any other necessary permits.
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 (Not applicable as ITD is not a wireless communication industry.)
~ta~f Recommendation: Approval per the staff report with the following additional changes:
- 11-56-3C.3 -
fhi~ ~~nti~n ±~ ro~r'i°v.~~ }ho o„nova};n„ ~nr~/nr rn~nnn r ~. If the annexation and zoning request is not accompanied by a plat,
conditional use permit or planned unit development the applicant shall provide a conceptual development plan that depicts
streets, access points, parking, and location of building unless waived by the City Council
- 11-5B-3C.4 -The council shall apply the standards listed in subsection D of this section and the findings listed in subsection E of
this section to review the annexation and/or rezone request.
- 11-4-3-43E_8 -All tower facilities shall include a landscape buffer. The buffer shall consist of a landscape strip of at least five feet
L5') wide outside the perimeter of the compound A minimum of fifty percent (50%1 of the plant material shall be of an evergreen
variety. In locations where the visual impact of the tower is minimal the € apclicant may
~auest a reduction to these standards through the alternative compliance ~ rocess in accord with chapter 5
"Administration". of this title.
- Table 11-56-5 -Add Section "11-4-3-43: Wireless Communication Facility" to the table for permits for which alternative
compliance can be requested.
Notes:
STAFF REPORT
HEARING DATE:
TO:
FROM:
SUBJECT:
March 15, 2012
Planning & Zoning Commission
Sonya Wafters, Associate City Planner
208-884-5533
~E IDIZ IAN~-
~J
ZOA-12-001 Unified Development Code Text Amendment
I. SUMMARY DESCRII'TION OF APPLICANT'S REQUEST
The City of Meridian Planning Department has applied for a Zoning Ordinance Amendment (ZOA)
to amend the text of certain sections of the Unified Development Code (UDC) as detailed in Section
VII of this report. Please see Section VII below for a complete list of the proposed UDC amendments.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed text amendments to the UDC based on the analysis
provided below and the Findings of Fact and Conclusions of Law listed in Exhibit B.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to recommend approval to the City
Council of File Number ZOA-12-001 as presented in the staff report for the hearing date of March 15,
2012 with the following modifications: (add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to recommend denial to the City
Council of File Number ZOA-12-001 as presented during the hearing on March 15, 2012 for the
following reasons: (You should state specific reasons for denial.)
Continuance
After considering all staff, applicant and public testimony, I move to continue File Number ZOA-12-
001, to (insert specific hearing date), and direct staff to make the following changes: (insert comments
here.)
IV. APPLICATION FACTS
A. Site Address/Location: NA
B. Applicant:
Community Development Department, City of Meridian
33 E. Broadway Avenue, Ste. 102
Meridian, Idaho 83642
C. Applicant's Statement/Justification: See applicant's narrative for more information.
V. PROCESS FACTS
A. The subject application is for a Unified Development Code amendment as determined by City
Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public
hearing is required before the Planning & Zoning Commission and City Council on this matter.
B. Newspaper notifications published on: February 27, and March 12, 2012
C. A public service announcement was broadcast faxed on March 7, 2012 regarding this application.
VI. COMPREHENSIVE PLAN POLICIES AND GOALS
The City's Comprehensive Plan is a vision and policy document for guiding development and the
transportation needs in the City of Meridian. Staff finds that the subject Unified Development Code
Amendment complies with and furthers the goals and objectives of the 2002 Comprehensive Plan.
The specific objectives and actions that support the proposed amendment are listed below:
• "Amend the Unified Development Code and Future Land Use Map to implement this plan."
Staff finds that the intended purpose of the subject ZOA application is harmonious with and in
accordance with the applicable objectives of the Comprehensive Plan.
VII. UNIFIED DEVELOPMENT CODE
The applicant has identified specific sections of the UDC that should be amended for the code 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 DISTRICTS
Chapter 2, Article D: TRADITIONAL NEIGHBORHOOD DISTRICTS
Chapter 3, Article A: STANDARD REGULATIONS 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 double underline/double
strike-out format.
Section Text Reason for Change
Title 11 Replace all references to "planning director" with "community development Update
director"
2
11-1A-1 DEFINITION OF TERMS:
CONSTRUCTION SAND AND GRAVEL MINING: The use of a site for one or Exclude crushing operations
more of the following activities: a) operating commercial grade (i.e., construction) from this use at the request of
sand and gravel pits; b) dredging for commercial grade sand and gravel; and c) City Council.
washing, screening, or otherwise preparing commercial grade sand and gravel
~xcluding crushing operations).
• ~ Grand openings are now
regulated under Title 3,
. Temporary Uses
HEALTHCARE AND SOCIAL SERVICES: The use of a site for ambulatory
healthcare services. Included in this use are offices of dentists; physicians;
chiropractors; optometrists; mental health practitioners; physical, occupational Definition did not include types
and speech therapists; audiologists; outpatient care centers; family planning of social services.
centers, medical and diagnostic laboratories, imaging centers, kidney dialysis
centers; blood and organ banks. Social service uses include, but are not limited
to, individual and family services; community food and housing, emergency and
other relief services; vocational rehabilitation services; services for the elderly
and persons with disabilities; vocational rehabilitation services; and emergency
and other relief services.
~~
pip I~PI ~; a ,.,,lin,+ri,.~l ~hano,+ nnlo „~,,,II„ m"+e of ~+nol +h,+ h,~ nn
p , , Remove -sign code no longer
contains a reference to a
mansard roof.
DE~IAIAAIT: Anv linh+woinM+ nhefin f~hrin nr n+hnr m~+ori~l u,helhor nr nn+ Remove-definition is already
, , ,
~~ frnm ~ rnne ,.,ire nr c~rincL
~ +~ininn ~ moe o of env Linn! ~ne
n included under "tower
~
~ ,
non~lh, in cnriec weinnnrl +n mnve in +he u,inrl The ilienhv of ~ einnlo nnnn7n+ monopole"
r ~ .
,
TOWER, FULL ARRAY: A wireless communication facility that does not gualify
Remove -pennants are no
as a stealth tower design or a slimline tower design. See Section 11-1A-1, figure longer included in sign code
3 of this article.
TOWER, SLIMLINE: A wireless communication facility, consisting of a monopole
and one or more antennas, on which the antenna panels are narrow and closely
spaced with one another atop the monopole and does not exceed the standards Add definitions for different
set forth in 11-4-3-43. See Section 11-1A-1, figure 3 of this article. types of wireless
communication towers.
TOWER, STEALTH: A wireless communication facility which is disguised as
another object or otherwise concealed from view. Examples of stealth facilities
include, but are not limited to, street lights, field lights, flagpoles, trees or
architectural elements such 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.g., 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,
major" of this section is excluded.
Include "rental" in definition
11-1A-1
Fi ure 3
Full Array Tower
Add diagram for towers
Slimline Tower
~~
~
~
11-2A-2 ALLOWED USES IN THE RESIDENTIAL DISTRICTS Add group daycare as
prohibited in R-2 (this hasn't
chan ed & conditional use in
Table Use R-2 R-4 R-8 R-15 R-40 R-4
Da care, rou ~ - C C P P
11-2A-3 Residential Districts
Standards:
D. Encroachments Allowed in Any Setback:
3. One detached accessory building that ~~ ',~-~„a„ does not exceed one Change is consistent with
hundred twenty (120) square feet in area and eight feet (8') or less in building code.
height shall be allowed in the required rear yard. In no case shall an
accesso buildin be allowed in the street and or the re uired side ard.
11-26-2 ALLOWED USES IN THE COMMERCIAL DISTRICTS
Add as a permitted use in the
Table
Use
C-N
C-C
C-G
L-0
M-E
H-E C-N & C-C districts
Laund and d cleanin P SP P - - A
11-2B-3 COMMERCIAL DISTRICTS:
STANDARDS:
A. Dimensional Standards:
4. Hours of Operation: Business hours of operation within the L-0 and C-N This restriction was added at
districts shall be limited from six o'clock (6:00) A.M. to ten o'clock (10:00) the request of the Mayor
P.M. Business hours of operation within the C-C and C-G districts shall be because of a recent 24-hour
limited from six o'clock (6:00) A.M. to eleven o'clock (11:00) P.M. when the big box retail use adjacent to
property abuts a residential use or district. Extended hours of operation in the residential uses.
C-C and C-G districts may be requested through a conditional use permit.
~q+s These restrictions apply~es to all business operations occurring outside
an enclosed structure, including, but not limited to, customer or client visits,
trash compacting, and deliveries. ~+s These restrictions does 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.
11-2D-2 ALLOWED USES IN THE TRADITIONAL NEIGHBORHOOD DISTRICTS
Add use as a permitted use in
Table Use O-T TN-C TN-R traditional neighborhood
Laund and d cleanin P p p districts
Figure Enlarge the size of the figure to be more legible. Figure is too small -not
11-2D-6E legible.
11-3A-8 PATHWAYS: Incorporate CPTED strategies.
H. All pathways through internal common areas shall be illuminated with a four
Excludes oathwavs along
(4)-foot tall bollard style or other appropriate lighting source, unless
streets which s/b lit by street
otherwise waived by the Director. Such lighting shall be shielded from
' lid
ad
oinin residences.
11-3A-12 OUTDOOR SERVICE AND EQUIPMENT AREAS:
~.B. Outdoor utility meters, HVAC equipment, trash dumpsters, trash Incorporate CPTED strategies.
compaction and other service functions shall be incorporated into the overall
design of buildings and landscaping so that the visual and acoustic impacts ~Y nature, screenin fa o trash
of these functions are fully contained and out of view from adjacent enclosures does create a
properties and public streets. hiding area within the
. Safe access and adequate lighting enclosure which is
should be rovided in these areas. unavoidable.
11-3B-1 PURPOSE:
E. These regulations are intended to assist in the implementation of CPTED
Incorporate CPTED strategies.
jCrime Prevention Through Environmental Design) strategies to reduce the
0 ortunities of fear and incidence of crime and im rove the uali of life.
11-3B-5 STANDARDS & INSTALLATION:
P. Safety: Incorporate CPTED strategies.
..I~...+.,.Y. +V..,+ ., ..,II i..+..nr.,+nrl ...i+h +hr. I.,nrl.... ., .,1....~...+ .,I.,..n B~
~1. Landscaping shall be designed & installed in such a way as to provide
natural surveillance opportunities from public areas and not create hiding
places or blind spots.
~2. Shrubs and plant material installed in close oroximity to windows and
avs should be limited in size and be of slow arowina varieties
prevent overarowth and concealment of windows and entniwavs creatina
ii f r ri
11-36-9 LANDSCAPE BUFFERS TO ADJOINING USES: Staff recommends the
C. Standards: standards for open water
ponds be moved to 11-3G-
' a 3B.8 under Qualified Open
Space requirements as these
~~ ' requirements refer to the area
of ponds allowed to comprise
~ The nnn'1 ~h~ll hwc rcnirni ~hfo~ ..,~+or of required open space areas
along with standards for such.
11-36-13 LANDSCAPE MAINTENANCE: Incorporate CPTED strategies.
C. STANDARDS: Trees in oarkina lots. alona
6. Pruning: The lower branches of trees shall be pruned and maintained at a pathways. and in site triangles
minimum height of six feet above the ground or walkway surface to afford re reauired to be pruned a
greater visibility of the area, except as otherwise reauired herein. minimum height of 8' above
r n.
11
3C
6 REQUIRED PARKING SPACES FOR RESIDENTIAL USE
-
-
Use and Form Number of Bedrooms Required Parking
Add parking requirements for
Table er unit S aces verticall
inte
rated residential
y
g
Vertically integrated 1 it
lli
1
5
d t
ng un
per
we
. projec
s.
residential4
213 2 er dwellin unit
4+ 3 er dwellin unit
Notes:
a The required number of parking spaces for the residential portion of a
vertically integrated project shall be in addition to that required for non-
residential uses as listed in UDC 11-3C-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: Requested by Code
2. Types Of Vehicles; Location Of Parking: Only e~ Enforcement -including the
automobiles and motorcycles displaying license plates and requirement for license plates
current registration may be parked in the required street yard. All to be displayed on vehicles will
other vehicles, including, but not limited to, vehicles without facilitate enforcement.
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. Improvements: Also requested by Code
1. Except as allowed in subsection 62 of this section, all off street parking Enforcement -current code
areas and driveways into and through a parking area shall be improved
" does not include parking
) thick,
with a compacted gravel base, not less than four inches (4 standards, only parking
surfaced with concrete or asphaltic pavement. No person shall park, or surface standards. This will
allow to be parked, an automobile or motorcycle in the required street h
ri
ff
t
dd
icers
ress
o
ze o
o a
aut
yard on any surface other than compacted gravel base, not less than vehicles parked on a
four inches (4") thick, surfaced with concrete or asphaltic pavement. noncom liant surface.
11-3D-8 BUSINESS IDENTIFICATION SIGNS:
A. General Standards for Business Identification Signs: The 5' setback created too
3. Setbacks And Location Of Freestanding And Limited Duration Signs: many non-conforming signs as
In all districts, no part of a freestanding and/or limited duration sign, the previous setback was 1' -
including the footing, shall be located closer than one f+ve feet (1a') change back to 1'.
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.
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 Adding 7 & 120 day time
planning department for seven 7 fifteen (15), thirty (30), sixty (60), er periods for more options.
ninety (90), or one hundred twenty (120) day time periods. It 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.
~, Tho limi+nrl rlnrn}inn einn nnrmi4 chill hn n44~nhorl 4n 4he ~nnrnvoil Ginn
........,....,..,..,..,...,.y.. ,..,.......,.......,., ~..~.,...,...., ...., .,,.r........:..,.. Went away with Accela
11-3G-3 B. Qualified Open Space:
8. 0 en Water Ponds: Aestheticall desi ned o en water onds and holdin See reason for change in 11-
areas may comprise up to twenty five percent (25%) of a required open 36-9 above.
space area. 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.
D. Location: Incorporate CPTED strategies.
3. Common open space & site amenities should be located in areas of high
where doors and windows overlook public areas
visibility (i
along streets
e Include reason for reauirement
,
.
.
,
etc. o re u h i f r rim .
11-4-3 SPECIFIC USE STANDARDS ENUMERATED:
11-4-3-9 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 Added requirement for
commission for a daycare center facility, the applicant or owner shall compliance with State & Dept.
provide proof of criminal background checks and fire inspection of H &W requirements.
certificates as required by title 39, chapter 11, Idaho Code. Said proof
shall be provided prior to issuance of certificate of zoning compliance.
The applicant or owner shall comply with all State of Idaho and
Department of Health and Welfare reauirements for daycare facilities.
11-4-3-11 DRIVE-THROUGH ESTABLISHMENT:
C. A site plan shall be submitted that demonstrates safe pedestrian and Incorporate CPTED strategies.
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 designed so that the drive through is visible from
a public street for surveillance purposes.
11-4-3-17 FINANCIAL INSTITUTIONS:
C. All approaches and entrances to ATMs should be highly visible and Incorporate CPTED strategies.
adequately lit so that people cannot loiter, or enter, without being seen.
The addition of security cameras are highly recommended.
11-4-3-43 WIRELESS COMMUNICATION FACILITY:
STRIKE ALL OF THE EXISTING TEXT IN 11-4-3-43 & REPLACE WITH THE
FOLLOWING:
A. Purpose: The purpose of this section is to accommodate the
communications needs of the city of Meridian's residents and businesses Update code to be more
while at the same time protecting the safety, aesthetic appeal and customer-friendly and
general welfare of the community. Furthermore, it is the purpose of this understandable to our
section to re ulate the im act of communication towers within the ci providers and/or our residents.
limits and to provide for the wireless communication needs of the public.
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 communication 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.
4. Require the collocation of new wireless communication equipment,
when possible, in order to reduce the number of towers required to
serve the city.
5. Encourage the location of wireless communication facilities in non-
residential districts and/or districts where non-residential uses are
allowed.
6. Encourage the construction of stealth communication towers which
are compatible with their surroundings and do not detract from the
overall visual quality of the city.
B. Applicability: The following provisions shall apply to any construction,
installation, addition to or increase in the height of any 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
facility is located.
1. All proposed communication towers shall be designed (structurally
and electrically) to accommodate the applicant's antennas as well
as collocation for at least one (1) additional user.
2. 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 structure
and/or tower.
3. It shall be the burden of the applicant to demonstrate the proposed
tower or antenna cannot be accommodated on an existing or
approved tower or structure. One or more of the following
documentation shall be provided as proof that the new tower is
necessary:
a. Unwillingness of other tower or facility owners to entertain
shared use.
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
4. Collocation of new equipment shall meet the following standards:
a. Collocation of new equipment on an existing approved tower
within any district shall be deemed a principally permitted use
and shall require a certificate of zoning compliance prior to
installation.
b. Any new equipment shall be mounted to the following:
i. Existing poles or streetlights.
ii. Buildin s.
iii. Towers.
c. Where the applicant does not own the supporting structure,
antennas attached to support structures shall be allowed only
after securing written documentation from the owner and other
responsible parties, as applicable.
d. Streetlight mounted antennas shall meet the following
standards:
i. Streetlights or poles with attached antennas shall be
separated by a minimum of five hundred feet (500'1.
ii. Antennas attached to streetlights or other city owned
poles shall be constructed so the existing foundation can
support the antenna and the pole. The public works
director shall determine if the benefit derived from the new
antenna is greater than the maintenance and increased
utility fees associated with the antenna.
iii. Antennas attached to streetlights or poles shall not
exceed ten feet (10'1 above the structure.
iv. Antennas attached to streetlights shall be designed to be
architecturally compatible with the structure or to match
the color of the streetlight or pole and shall be attached
only to Meridian standard streetlights (not on ornamental
fixtures .
e. Roof mounted antennas shall meet the following standards:
i. Roof mounted antennas shall only be allowed on
structures with commercial, industrial, or allowed non-
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 structure to which the antenna is attached.
iii. All roof mounted antennas shall be screened as viewed
from the farthest edge of the adjoining right of way.
f. Wall mounted antennas shall meet the following standards:
i. Wall mounted antennas shall be allowed only on
structures with commercial, industrial. or allowed non-
residential uses.
ii. Wall mounted antennas shall not extend above the wall
line of the structure.
iii. Wall mounted antennas shall not exceed 40 square feet in
size and the maximum distance from the wall shall not
exceed 4 feet per sector.
iv. A maximum of four (4) wall mounted antennas shall be
allowed per structure per sector.
v. A maximum of three (3) sectors are allowed per structure.
10
vi. Wall mounted antennas and associated equipment shall
be constructed of a stealth design to match the color of
the structure and to be architecturally compatible with the
buildin .
g. Anv facilities not meeting these standards shall require
approval of a conditional use permit, in addition to anv other
necessary permits.
Stealth tower facilities shall meet the following standards:
a. Stealth towers in residential districts with allowed non-
residential uses shall require conditional use permit approval.
In all other districts, stealth towers shall be deemed a
principally permitted use and shall require a certificate of
zoning compliance prior to installation.
b. Facilities shall meet the setbacks of the zoning district, except
for facilities on a property abutting a residential use or a public
right-of-wav shall be setback a distance equal to the height of
the tower.
c. Anv facilities not meeting these standards shall require
approval of a conditional use permit, in addition to anv other
necessary permits.
Slimline Tower Facilities shall meet the following standards:
a. Slimline towers in residential districts with allowed non-
residential uses shall require conditional use permit approval.
In all other districts. slimline towers shall be deemed a
principally permitted use and shall require a certificate of
zoning compliance prior to installation.
b. Facilities on a property abutting a residential use shall be
setback a minimum of one hundred fifty feet (150').
c. Facilities in all other districts shall meet the setbacks of the
zoning district, except for facilities on a property abutting a
public right-of--wav shall be setback a distance equal to the
height of the tower.
d. The maximum visible width of antennas and antenna support
structures on a slimline tower shall not exceed eight feet (8') in
height and four feet (4') in width.
e. Anv facilities not meeting these standards shall require
approval of a conditional use permit, in addition to anv other
necessary permits.
Full Array Tower Facilities shall meet the following standards:
a. Full array towers in industrial distracts shall be deemed a
principally permitted use and shall require a certificate of
zoning compliance prior to installation. Full array towers are
prohibited in all other districts.
b. Facilities on a property abutting a residential use shall be
setback a minimum of one hundred fifty feet (150').
c. Facilities on a property abutting a public right-of-wav shall be
setback a distance equal to the height of the tower.
d. Anv facilities not meeting these standards shall require
approval of a conditional use permit, in addition to any other
necessary permits.
8.
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9. Amateur Radio Antennas (i.e., HAM Radio Antennas) shall meet
the following standards:
a. Towers supporting amateur radio antennas that do not exceed
the maximum building height limit for the district in which then
are located shall be deemed an accessory use and shall
require certificate of zoning compliance approval prior to
installation.
b. Towers supporting amateur radio antennas that exceed the
building height limit for the district in which they are located
shall require conditional use approval.
c. Within residential districts, no towers supporting amateur radio
antennas shall be placed within the required front, side or
street side yard.
d. Within nonresidential districts, towers supporting amateur
radio antennas on a propefir abutting a residential distract with
a residential use, a residential district, or a public right-of-way
shall be setback a minimum of one hundred fifty feet (150').
10. All other wireless communication facilities that do not meet the
standards as set forth in this section shall require conditional use
approval.
D. Required Documentation: The applicant shall provide the following
documentation with the request for approval of a wireless communication
facility:
1. For all wireless communication facilities, a letter of intent
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.
2. 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.
3. A statement regarding compliance with regulations administered
and enforced by the federal communications commission (FCC)
and/or the federal aviation administration (FAA).
E. Design Standards: All new communications towers shall meet the
following minimum design standards:
1. All towers shall be designed to be architecturally compatible with
the surrounding buildings and land uses in the zoning district, or
otherwise integrated to blend in with existing characteristics of the
site.
2. The facility shall be painted a neutral, non-reflective color that will
blend with the surrounding landscape. Recommended shades are
gray, beige, sand, taupe, or light brown. All metal shall be corrosive
resistant or treated to prevent corrosion.
3. All new communication tower facilities shall be of stealth or
monopole design, unless the decision making body determines
that an alternative design would be appropriate because of location
or necessi .
4. No part of any antenna, disk, array or other such item attached to a
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the right of way or property line.
5. The facility shall not be allowed within any required street
landscape buffer.
6. All new communication tower facility structures require
administrative design review approval, in addition to any other
necessary permits. Structures contained within an underground
vault are exempt from this standard.
7. Any equipment at ground level shall be screened by a sight
obscuring fence or structure.
8. All tower facilities shall include a landscape buffer. The buffer shall
consist of a landscape step of at least five feet (5') wide outside the
perimeter of the compound. A minimum of fifty percent (50%) of
the plant material shall be of an evergreen variety. In 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", of this title.
9. All climbing pegs within the bottom twenty feet (20') of the tower
shall be removed except when the tower is being serviced.
F. Abandoned Or Unused Towers Or Portions Of Towers: All abandoned or
unused towers and associated facilities shall be required to be removed
within sixfir (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. In the event
that the tower and associated facilities are not removed within the sixty
j60) days, the tower and associated facilities may be removed by the city
and the costs of removal assessed against the real property.
11-5A-5 PUBLIC HEARING PROCESS:
C. Neighborhood Meetings:
Clean-up -not all applications
1. Applicants for ffer~its applications requiring a public hearing are required
to hold a neighborhood meeting to provide an opportunity for public review of are permits
the proposed project prior to the submittal of an application, except a CCR does not require a
neighborhood meeting is not required for city council review, a vacation, and/or neighborhood meeting
short plat.
D. Posting of Public Hearing Notice: Clean-up -not all applications
1. Required: All applicants for permits applications requiring a public hearing are permits
shall post the subject property, except posting is not required for a unified
development code text amendment, comprehensive plan text amendment,
vacation, comprehensive plan map amendment initiated by the city, and/or short
lat.
11-5B-3 ANNEXATIONS AND REZONES:
Add a timeframe in which the
F. Development Agreement: modified DA must be recorded
2. A development agreement may be modified by the city or an affected party after approval by council
of the develo merit a reement. Decision on the develo merit a reement
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modification is made by the city council in accord with chapter 5, consistent with the timeframe
"Administration", of this title. When approved, said development agreement shall required for DA's approved
be signed by the property owner(s) and returned to the city within two (2) years with rezones.
of the cit council rantin the modification.
11-56-6 CONDITIONAL USES:
G. Transfers and Modifications:
CUP's for childcare services
1. ,Conditional use permits are an are an entitlement that runs
entitlement to the specific property on which the approval was granted and upon with the land and shouldn't be
property sale the entitlement transfers to the new owner(s) without further excluded. New owners would
application or approval, provided, however, the new owner(s) shall be bound by still be required to obtain a
the same time limits and conditions of approval as the original permit holder(s). license from Dept. of Health
A conditional use permit is not transferable from one property to another. and Welfare in their name.
4. A change in ownership for a daycare facility for
children shall require the new applicant or
owner. to comply with the specific use standards listed in 11-4-3-9 DAYCARE
FACILITY.
11-5B-8 ADMINISTRATIVE DESIGN REVIEW
C. Process: Administrative design review is
required to be submitted after
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ey~e the CUP with the CZC.
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VIII. EXHIBIT
A. Required Findings from the Unified Development Code
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Exhibit A -Required Findings from Unified Development Code
1. Unified Development Code Text Amendments:
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;
Staff finds that the proposed zoning ordinance amendment complies with the applicable
(limited) provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and
Goals, Section 6, of the Staff Report for more information.
B. The text amendment shall not be materially detrimental to the public health, safety, and
welfare; and
Staff finds that the proposed zoning ordinance amendment will not be detrimental to the
public health, safety or welfare.
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.
Staff 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.
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