15-1652 TUP Code Update regarding Model Homes and Subdivision Sales OfficesCITY OF MERIDIAN ORDINANCE NO. P, rJ -1 G5 Q
BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZARE MBA
AN ORDINANCE OF THE CITY OF MERIDIAN IN ADA COUNTY, IDAHO, AMENDING
THE FOLLOWING PROVISIONS OF MERIDIAN CITY CODE: SECTION 3-4-3(C)(1)(c),
REGARDING COMMERCIAL OCCUPANCY STANDARDS FOR SUBDIVISION MODEL
HOMES; SECTION 3-4-3(C)(1)(e), REGARDING TERMINATING USE OF A SUBDIVISION
MODEL HOME; SECTION 3-4-3(C)(2)(e), REGARDING TERMINATING USE OF A
SUBDIVISION REAL ESTATE SALES OFFICE; SECTION 3-4-3(C)(2)(t) REGARDING
COMMERCIAL OCCUPANCY STANDARDS FOR SUBDIVISION REAL ESTATE SALES
OFFICES; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, by this ordinance, the City Council of the City of Meridian seeks to align the
temporary use standards for subdivision model homes and subdivision real estate sales offices in Title
3, Chapter 4, Meridian City Code, with the standards for temporary uses under section 108 of the 2012
International Building Code;
WHEREAS, the City Council of the City of Meridian finds that it is in the best interest of the
health, safety, and welfare of the people of Meridian to update the following provisions of Meridian
City Code to be consistent with other Meridian City Code provisions;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF MERIDIAN, ADA COUNTY, IDAHO:
Section 1. That Meridian City Code section 3-4-3(C)(1)(c) shall be amended as follows:
A subdivision model home shall be located only within a structure that is suitable for sale
and/or use as a residential dwelling unit. It shall be unlawful to operate or cause the operation
of a subdivision model home within a structure that is not suitable for sale and/or use as a
residential dwelling unit. While such residential dwelling unit is temporarily used as the
subdivision model home, such unit shall meet any and all applieable st,.. dnrd-,, c e
oeeupanc end -shall obtain any and all permits required by title 10 of this code. It shall be
unlawful to operate or cause the operation of a subdivision model home ,.,here such subdiv
model home a,.,,s not Encet all applicable st.,.,.1,.rds for c o ial o r without any
and all permits required by title 10 of this code.
Section 2. That Meridian City Code section 3-4-3(C)(1)(e) shall be amended as follows:
A subdivision model home may be operated only until either there are no newly constructed
lots or dwellings for sale or rent within the subdivision in which the subdivision model home is
located or three hundred sixty five (365) days following the date of issuance of the temporary
use permit, whichever occurs first. It shall be unlawful to operate or cause the operation of a
subdivision model home either where no lots or newly constructed dwellings are for sale or rent
within the subdivision in which the subdivision model home is located or after three hundred
sixty five 365) days following the date of issuance of the temporary use permit, whichever
occurs first.
TEMPORARY USE ORDINANCE UPDATES PAGE 1 of 5
Section 3. That Meridian City Code section 3-4-3(C)(2)(e) shall be amended as follows:
A subdivision real estate sales office may remain only until either there are no newly
constructed lots or dwellings for sale or rent within the subdivision in which the subdivision
real estate sales office is located or three hundred sixtyf(365) days following the date of
issuance of the temporary use permit, whichever occurs first. It shall be unlawful to operate or
cause the operation of a subdivision real estate sales office either where no lots or newly
constructed dwellings are for sale or rent or after three hundred sixty, f�365) days following
the date of issuance of the temporary use permit, whichever occurs first unless such subdivision
real estate sales office is converted to a dwelling in accordance with all applicable provisions of
law, including title 10 and I 1 of this code.
Section 4. That Meridian City Code section 3-4-3(C)(2)(f) shall be amended as follows:
A subdivision real estate sales office shall meet any and all applicable standards for commere'
oeeiipaney-and -shall obtain any and all permits required by title 10 of this code. It shall be
unlawful to operate or cause the operation of a subdivision real estate sales office Where
Sllbdivisioli- Feal estate sales offiee does not meet all applicable standards for commerr
ee-ett�without any and all permits required by title 10 of this code.
Section 5. That all ordinances, resolutions, orders, or parts thereof or in conflict with this
ordinance are hereby voided.
Section 6. That this ordinance shall be effective upon its passage and publication.
PASSED by the City Council of the City of Meridian, Idaho, this l � day of July, 2015.
APPROVED by the Mayor of the City of Meridian, Idaho, this 1 day of July, 2015.
APPROVED:
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TEMPORARY USE ORDINANCE UPDATES PAGE 2 or 5
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.C. § 50-901(A)
CITY OF MERIDIAN ORDINANCE NO. 15 -
AN ORDINANCE OF THE CITY OF MERIDIAN IN ADA COUNTY, IDAHO, AMENDING
THE FOLLOWING PROVISIONS OF MERIDIAN CITY CODE: SECTION 3-4-3(C)(1)(c),
REGARDING COMMERCIAL OCCUPANCY STANDARDS FOR SUBDIVISION MODEL
HOMES; SECTION 3-4-3(C)(1)(c), REGARDING TERMINATING USE OF A SUBDIVISION
MODEL HOME; SECTION 3-4-3(C)(2)(e), REGARDING TERMINATING USE OF A
SUBDIVISION REAL ESTATE SALES OFFICE; SECTION 3-4-3(C)(2)(t) REGARDING
COMMERCIAL OCCUPANCY STANDARDS FOR SUBDIVISION REAL ESTATE SALES
OFFICES; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
City of Meridian
Mayor and City Council
By: Jaycee Holman, City Cleric
First Reading:
Adopted after first reading by suspension of the Rule as allowed pursuant to
Idaho Code § 50-902: YES NO
Second Reading:
Third Reading:
STATEMENT OF MERIDIAN CITY ATTORNEY AS TO
ADEQUACY OF SUMMARY OF ORDINANCE NO. 15 -
The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies
that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance no. 15 -
of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate
notice to the public pursuant to Idaho Code § 50-901A(3).
DATED this day of 2015.
William L.M. Nary
City Attorney
TEMPORARY USE ORDINANCE UPDXfES PAGE 3 of 5