17-1734 Amending MCC Allowing Barriers to be Affixed to Sidewalks in Downtown CoreCITY OF MERIDIAN ORDINANCE NO. 17- / 7 3Y
BY THE CITY COUNCIL: BIRD, BORTON, CAVENER,
LITTLE ROBERTS, MILAM, PALMER
AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 8-1-3(C)(1),
SPECIFYING EXCEPTIONS TO GENERAL USE ZONE AMENITIES STANDARDS;
AMENDING MERIDIAN CITY CODE SECTION 8-1-3(D)(3), ALLOWING BARRIERS TO
BE AFFIXED TO SIDEWALKS IN THE DOWNTOWN CORE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Meridian's Use Zone Encroachment Permit provides a process by
which the City regulates the size, placement, operation, and maintenance of structures and objects
placed in the Use Zone of the sidewalks in the downtown Meridian area, in accordance with the terms
and provisions of its August 7, 2012 license agreement with Ada County Highway District; and
WHEREAS, the changes to Meridian City Code set forth herein are intended to improve the
processes and standards established for barriers delineating outdoor alcohol service areas and dining
areas;
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 8-1-3(C)(1) is hereby amended to read as follows.
C. General Use Zone Standards: The following standards shall apply to encroachments in the use zone,
and/or to the placement thereof.
1. Amenities Movable: Except as otherwise specifically set forth in this chapter:
a. All amenities placed in the use zone shall be nonpermanent, movable, and freestanding.
b. Exeept as etheRvise s}gee-i€cally set fertliin this ehaptef, amenities Amenities may not be
secured or fastened to streetscape improvements, buildings, or the sidewalk. It shall be unlawful for
any person to permanently attach or affix any amenity in the use zone.
Section 2. That Meridian City Code section 8-1-3(D)(3) is hereby amended to read as follows.
D. Use Zone Amenities Allowed With Encroachment Permit: The following amenities may be allowed
in the use zone under a valid city of Meridian use zone encroachment permit and subject to all
applicable standards as set forth herein:
3. Barriers that are used to delineate outdoor dining areas or alcohol service areas, so long as
such barriers meet all of the following standards:
a. Barriers shall be comprised of black, wrought iron, sectional fencing, between thirty
six (36) and forty eight inches (48") in height.
b. Barriers shall accommodate access by disabled persons as required by law.
c. Barriers shall not impede, or encroach into the path of, any points of building ingress
or egress.
UPDATING USE ZONE ENCROACHMENT PERMIT REQUIREMENTS FOR BARRIERS PAGE I OF 3
d. Nonterminal section breaks of barriers shall be connected, unless incorporating
planters or other container landscaping as set forth above.
e. With specific approval by the Director, barriers may be permanently attached or
affixed to streetscape improvements, buildings or the sidewalk in the use zone The
Director may specify, as conditions of such approval:
(1) The manner by which the barriers may be attached to the streetscape improvements
buildings, or the sidewalk in the use zone;
(2) A requirement that the applicant repair or replace the sidewalk following removal of
the barriers. -
(3) A requirement that the applicant provide a warranty surety, with the Cfty as the
named beneficiary, in an amount equal to the estimated cost of replacing the sidewalk
segments in which the barriers are installed which warranty surety shall be in effect for
one (1) year following the installation of the Encroachment Permit; and/or
(4) Any other conditions deemed necessary or appropriate to protect public safety,
welfare, or interest.
Section 3. That this ordinance shall be effective immediately upon its passage and publication.
PASSED by the City Council of the City of Meridian, Idaho, on June, 2017.
APPROVED by the Mayor of the City of Meridian, Idaho, on June, 2017.
APPROVED:
Tammy d^Vd, Mayor
tPTED AGC,�S
T
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E IDIAN
IDAHO
SEAL �I
ATTEST:
C Col&J City Clerk
UPDATING USE ZONE ENCROACHMENT PERMIT REQUIREMENTS FOR BARRIERS PAGE 2 OF 3
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.C. § 50-901(A)
CITY OF MERIDIAN ORDINANCE NO. 17 J-7"3 V
-
AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 8-1-3(C)(1),
SPECIFYING EXCEPTIONS TO GENERAL USE ZONE AMENITIES STANDARDS;
AMENDING MERIDIAN CITY CODE SECTION 8-1-3(D)(3), ALLOWING BARRIERS TO
BE AFFIXED TO SIDEWALKS IN THE DOWNTOWN CORE; AND PROVIDING AN
EFFECTIVE DATE. �aptEDAUGj�-
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CitytfMer@ian pffi-
IDIAN*--
Mayor and City Council IDAHO
By: C.Jay Coles, City Clerk s� SEAL
First Reading: �-�� yr�ROjthe TREPSv��
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. 17 -
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. 17-
Vof 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 A-'(- 17.
L, 1j /.
William. L.M. Nary
City Attorney
UPDATING USE ZONE ENCROACHMENT PERMIT REQUIREMENTS FOR BARRIERS PAGE 3 OF 3