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16-1684 Regarding Citizens Use Permit applications and Mobile and Promotional Sales Units on Downtown SidewalksCITY OF MERIDIAN ORDINANCE NO. l �0- - 1 ( W y BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 3-4-4(D), ADDING THE PLANNING DIVISION MANAGER TO THE CITIZEN'S USE PERMIT WORKFLOW; AMENDING MERIDIAN CITY CODE SECTION 8-1-4(D)(4), ALLOWING MOBILE SALES UNITS IN THE DOWNTOWN CORE SIDEWALKS' STREET FURNISHING ZONE ONLY WITH WRITTEN CONSENT FROM ABUTTING PROPERTY OWNER; DELETING MERIDIAN CITY CODE SECTION 3-4-3(C)(3)(D), ELIMINATING REQUIREMENT THAT VENDORS IN DOWNTOWN CORE SIDEWALKS' USE ZONE OBTAIN TEMPORARY USE PERMIT FOR PROMOTIONAL SALES UNIT; DELETING MERIDIAN CITY CODE SECTION 8-1-3(E)(1), LISTING PROMOTIONAL SALES AS AN ENCROACHMENT SPECIFICALLY ALLOWED IN THE USE ZONE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Meridian's Temporary Use Permit provides a process by which outdoor sales and temporary uses occurring in the City of Meridian are required to meet minimum standards for the purpose of protecting the health, safety, and welfare of Meridian residents and other participants in such outdoor sales and temporary uses; and WHEREAS, the City of Meridian's Use Zone Encroachment Permit and Street Furnishing Zone Sublicense provides a process by which the City regulates the size, placement, operation, and maintenance of movable and non-movable structures and objects upon the sidewalks in the greater downtown Meridian area, in accordance with the terms and provisions of its August 7, 2012 license agreement with Ada County Highway District ("ACHD"); and WHEREAS, the changes to Meridian City Code set forth herein are intended to clarify and improve the processes and standards established for promotional sales units, encroachments in the Use Zone, and encroachments in the Street Furnishing Zone, as well as eliminate potential overlap of inconsistency in administration of such processes; 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 3-4-4(D) is hereby amended to read as follows. D. City Clerk Responsibilities: Upon receipt of all application materials required by this section, the city clerk shall: 4. R ev refer such application to the police chief, the fire chief, the planning division manager, and the mayor for their review and recommendation regarding approval or denial of the application. The police chief, the fire chief, the planning division manager, and the mayor shall recommend approval of such application absent a finding that the proposed activity or event would be harmful to the public health, safety, or welfare. 2. Submit eeuftesy eepies of the Vplimeation to the Ada County 7 CLARIFICATION OF TEMPORARY USE PERMIT FOR PROMOTIONAL SALES, USE ZONE ENCROACHMENT PERMIT, AND STREET FURNISHING ZONE SUBLICENSE REQUIREMENTS PAGE 1 OF 3 Section 2. That Meridian City Code section 8-1-4(D)(4) is hereby amended to read as follows. D. Street Furnishing Zone Encroachments Allowed With A Sublicense: The following encroachments may be allowed in the street furnishing zone under a streetscape sublicense and pursuant to the standards therefor as set forth in the city of Meridian improvement standards or other provisions of law: 1. Permanent streetscape improvements. 2. Newspaper boxes. 3. Delivery service drop boxes. 4. Mobile sales units, only with written consent of the abutting propertyowner. 5. Awnings and balconies attached to a building, as allowed and permitted by all applicable provisions of titles 10 and 11 of this code. Section 3. That Meridian City Code section 3-4-3(C)(3)(D) is hereby deleted. Section 4. That Meridian City Code section 8-1-3(E)(1) is hereby deleted. Section 5. That this ordinance shall be effective immediately upon its passage and publication. Avv',1 PASSED by the City Council of the City of Meridian, Idaho, on lb-fty olio , 2016. (tpr'l APPROVED by the Mayor of the City of Meridian, Idaho, on Mtty ap, 2016. CLARIFICATION OF TEMPORARY USE PERMIT FOR PROMOTIONAL SALES, USE ZONE ENCROACHMENT PERMIT, AND STREET FURNISHING ZONE SUBLICENSE REQUIREMENTS PAGE 2 OF 3 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 16- 1624 AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 3-4-4(D), ADDING THE PLANNING DIVISION MANAGER TO THE CITIZEN'S USE PERMIT WORKFLOW; AMENDING MERIDIAN CITY CODE SECTION 8-1-4(D)(4), ALLOWING MOBILE SALES UNITS IN THE DOWNTOWN CORE SIDEWALKS' STREET FURNISHING ZONE ONLY WITH WRITTEN CONSENT FROM ABUTTING PROPERTY OWNER; DELETING MERIDIAN CITY CODE SECTION 3-4-3(C)(3)(D), ELIMINATING REQUIREMENT THAT VENDORS IN DOWNTOWN CORE SIDEWALKS' USE ZONE OBTAIN TEMPORARY USE PERMIT FOR PROMOTIONAL SALES UNIT• DELETING MERIDIAN CITY CODE SECTION 8-1-3(E)(1), LISTING SPECIFICALLY ALLOWED IN DATE. City of Meridian Mayor and City Council By: Jacy Jones, City Clerk PROMOTIONAL SALES AS AN ENCROACHMENT THE USE ZONE; AND PROVIDING AN EFFECTIVE �— Ciry o4 E TT)TA� I0A First Reading: 6 - 16 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. 16- 1 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. 1. 6- _LLTd 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 , 2016. t William. L.M. Nary City Attorney CLARIFICATION OF TEMPORARY USE PERMIT FOR PROMOTIONAL SALES, USE ZONE ENCROACHMENT PERMIT, AND STREET FURNISHING ZONE SUBLICENSE REQUIREMENTS PAGE 3 OF 3