17-1751 Temporary Use Code UpdatesCITY OF MERIDIAN ORDINANCE NO. /7—
BY
7—
BY THE CITY COUNCIL BIRD, BO. RTON, CAVENER,
LITTLE ROBERTS, MILAM, PALMER
AN ORDINANCE OF THE CITY OF MERIDIAN IN ADA COUNTY, IDAHO, AMENDING
MERIDIAN CITY CODE SECTION 3-4-1, REGARDING THE CLASSIFICATION OF
LARGE-SCALE SPECIAL EVENTS WITHIN THE DEFINITION OF SPECIAL EVENTS
AND ELIMINATING THE TEMPORARY INDOOR EVENTS DEFINITION; REPEALING
MERIDIAN CITY CODE SECTION 3-4-3, REGARDING TEMPORARY USES.; REPEALING
MERIDIAN CITY CODE SECTION 3-4-4, REGARDING CITIZEN'S USE PERMITS;
ADDING A NEW SECTION, SECTION 3-4-3, REGARDING LICENSE AND PERMIT
REQUIREMENTS FOR ALL TEMPORARY USES; ADDING ANEW SECTION, MERIDIAN
CITY CODE SECTION 3-4-4, REGARDING STANDARDS FOR ALL TEMPORARY USES;
ADDING A NEW SECTION, MERIDIAN CITY CODE SECTION 3-4-5, REGARDING
STANDARDS FOR SPECIAL EVENTS; ADDING A NEW SECTION, MERIDIAN CITY
CODE SECTION 3-4-6, REGARDING STANDARDS FOR PROMOTIONAL SALES UNITS;
ADDING A NEW SECTION, MERIDIAN CITY CODE SECTION 3-4-7, REGARDING
STANDARDS FOR TEMPORARY SALES UNITS; ADDING A NEW SECTION, MERIDIAN
CITY CODE SECTION 3-4-8, REGARDING STANDARDS FOR OUTDOOR MARKETS;
ADDING A NEW SECTION, MERIDIAN CITY CODE SECTION 3-4-9, REGARDING
STANDARDS FOR SUBDIVISION MODEL HOMES; ADDING A NEW SECTION;
MERIDIAN CITY CODE SECTION 3-4-10, REGARDING STANDARDS FOR SUBDIVISION
REAL ESTATE SALES OFFICES; ADDING A NEW SECTION, MERIDIAN CITY CODE
SECTION 3-4-11, REGARDING STANDARDS FOR GARAGE, YARD, AND SIMILAR
SALES; ADDING A NEW SECTION, MERIDIAN CITY CODE SECTION 3-4-12,
REGARDING STANDARDS FOR TEMPORARY CONSTRUCTION SITES; ADOPTING A
SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Meridian has established minimum standards for
outdoor sales and temporary uses occurring in the City of Meridian for the purpose of protecting the
health, safety, and welfare of Meridian residents and other participants in such outdoor sales and
temporary uses;
WHEREAS, these permitting procedures and standards encourage outdoor sales and
temporary uses that complement permanent City of Meridian businesses; that are safe, attractive, and
desirable; that add variety to the shopping and/or dining opportunities available in Meridian; and that
support and facilitate community events and celebrations;
WHEREAS, the changes to the Outdoor Sales and Temporary Uses ordinance set forth herein
are intended to improve and refine the processes and standards established therein, specifically; to;
eliminate the City of Meridian Citizen's Use Permit, add a.provision prohibiting unauthorized vendors
at special events and outdoor markets, eliminate permit requirements for temporary indoor events,
extend the time allowed for temporary sales units and clarify how days are tolled, rearrange and
renumber outdoor sales and temporary use provisions, and remove outdated references and
requirements;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
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UPDATES TO OUTDOOR SALES AND TEMPORARY USES CODE PAGE 2 OF 23
Section 1. That Meridian City Code section 3-4-1, regarding the definitions of special event
and temporary indoor events, shall be amended as follows:
3-4-1: DEFINITIONS:
* * *
SPECIAL EVENT:
A. A planned or foreseeable commercial, recreational, or expressive activity or gathering of persons
which:
1. Changes, attempts to change, or has a tendency to change the typical use of publicly accessible
land or facilities, or the normal flow or regulation of pedestrian or vehicular traffic upon or in
the streets, sidewalks, or other publicly accessible areas; and
2. Takes place, whether entirely or partially:
a. On a street or sidewalk located within the city and will likely result in some or total
obstruction of such streets or sidewalks; or
b. On any other property, whether public or private, but requires for its successful execution
the provision and coordination of city services to a degree over and above that which the
city normally provides; or
c. On or in any area open to the public.
B. Special events may include, but shall not be limited to:
1. Parade, procession, organized movement, or motorcade, consisting of persons, vehicles, or a
combination thereof;
2. Public assembly, demonstration, march, meeting, parade, protest, rally, or vigil which involves
the expression of opinions or grievances of persons for a common purpose;
3. Performance, presentation, ceremony, concert, or exhibit;
4. Athletic competition, race, or contest involving sports, games, or exercises; or
5. Community or neighborhood celebration, gathering, or block party.
C. Special events shall be classified as a “large scale special event” where:
1. Iit is anticipated that five thousand (5,000) or more persons will attend the event, or
2. Where the event includes a route (e.g. , parade, procession, road race, group walk, run, or bike
ride) that will close or alter the flow of an arterial or collector, or
3. Wwhere three (3) or more of the following factors apply:
1. a. It is anticipated that two thousand (2,000) or more persons will attend the event;
2. b. Extra duty police officers will be required to staff the event in order to adequately protect
public safety, as determined in the discretion of the chief of police or his designee (for
example: high risk activity, live music or other performance, street closure, traffic increase or
pattern change, etc.);
3. c. Alcoholic beverages will be served, or sold, or permitted at the event; and/or
4. d. Structural or electrical permits will be required.
D. A special event shall be classified as a “historic Meridian special event” where such special event
has occurred within Meridian on an annual basis for seventy five (75) years or more.
E. The definition of special event shall not include:
1. An activity held solely on private property not accessible by the general public and which
neither requires the provision and coordination of city services to a degree over and above that
which the city routinely provides nor compromises the ability of the city to respond to a public
safety emergency;
2. An activity, including first amendment activity, occurring on streets or sidewalks within the
city or in or on city property, where such activity neither results in the obstruction of streets or
sidewalks, nor requires the provision and coordination of city services to a degree over and
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above that which the city routinely provides, nor compromises the ability of the city to respond
to a public safety emergency;
3. Funeral processions; or
4. Programmed activities provided or managed by the city.
* * *
TEMPORARY INDOOR EVENT: The use of an interior space of a building or portion thereof for a
use or purpose that differs from the building's principally permitted and/or approved accessory use(s).
Section 2. That Meridian City Code section 3-4-3, regarding Temporary Uses, shall be
repealed.
Section 3. That Meridian City Code section 3-4-4, regarding Citizen’s Use Permits, shall be
repealed.
Section 4. That a new section, Meridian City Code section 3-4-3, regarding license and permit
requirements for all temporary uses, shall be added, to read as follows:
3-4-3: TEMPORARY USES – LICENSE AND PERMIT REQUIREMENTS FOR ALL
TEMPORARY USES:
It shall be unlawful for any person to establish, operate, allow the operation or establishment of, or act
as any temporary use without each and all of the following licenses, permits, and/or certifications, as
applicable:
A. Any and all licenses, permits, and/or certifications required by local, state, or federal law.
B. Any and all licenses, permits, and/or certifications required by the Central district health
department.
C. Any and all licenses, permits, and/or certifications required by title 10 of this code.
D. Any and all licenses, permits, inspections, and/or certifications required by title 13 of this code
and/or the policies of the Meridian parks and recreation department.
E. Written approval of the Ada County Highway District.
F. A city of Meridian temporary use permit, except that a city of Meridian temporary use permit shall
not be required for the following activities, provided that this exception shall not exempt such
activities from any other requirements of law: first amendment activity on public or private
property; any sale, trade, gift, offer, or display required by court order or by law; garage sales;
temporary construction sites; or fireworks sales.
1. Application for a city of Meridian temporary use permit shall be made to the city clerk, and shall
include a completed application form provided by the city clerk, which form shall include, but not
be limited to:
a. The name, address, and tax identification number of the applicant, and/or, if the applicant is a
partnership, company, or corporation, the name, address, and corporate or tax identification
number of such entity. Addresses required by this subsection shall include both local and
corporate addresses, as well as both physical and mailing addresses.
b. The names and addresses of all employees and/or persons who will be establishing,
operating, or acting as a temporary use within the city under the temporary use permit.
Addresses required by this subsection shall include both local and corporate addresses, and
both physical and mailing addresses.
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c. A description of the use, including any goods and/or services to be sold, traded, given away,
offered, displayed, and/or delivered, or any activities or events scheduled to occur, under the
temporary use permit.
d. A description of any structures that will be used in the course of activities, sales, trades,
giveaways, offers, and/or displays under the temporary use permit.
e. A description of any and all motor vehicles to be used by or in the course of the temporary
use, including license plate state and number, make, model, color, and other means of
identification of such vehicle(s).
f. Site plan(s), floor plan(s), and/or map(s), which shall indicate the location(s) of any and all
components of the proposed temporary use, including, but not limited to, any and all items
listed in this subsection. Where any material change is made to an approved plan prior to or
upon setup of the temporary use, an updated plan shall be submitted to the city and approved
prior to operation of the use. The plan(s) and/or map(s) shall include, but need not be limited
to, the following:
(1) Structures or tents,
(2) Displays,
(3) Goods,
(4) Vendors,
(5) Scheduled events,
(6) Restrooms,
(7) First aid stations,
(8) Drinking water sources,
(9) Garbage receptacles,
(10) Generators and any other mechanical equipment,
(11) Cooking equipment,
(12) Temporary signs,
(13) Devices of a carnival nature (e.g., pennants, strings of lights, ribbons, streamers,
spinners, twirlers, propellers, and bubble machines),
(14) Entrance/exit drives,
(15) Areas and surfaces upon which vehicles will be driven,
(16) Areas and surfaces upon which vehicles will be parked,
(17) Sediment traps,
(18) Map of all streets and sidewalks upon which the event will occur, including the route(s)
that the event will follow, and/or
(19) Traffic and pedestrian safety measures to be implemented, including barricades, traffic
control equipment, crowd containment equipment, cones, directional signage, etc.
g. A description of the dimensions, quantity, and locations of any and all temporary signs that
will be installed, erected, posted, or displayed for the purpose of identifying, promoting,
advertising, or directing patrons to the temporary use.
h. Permission of owners of property upon which such temporary signs will be installed, erected,
posted, or displayed.
i. A description and/or schedule(s) of the hours, locations, and means at and by which
activities, sales, trades, giveaways, offers, and/or displays will occur under the temporary use
permit.
j. Written permission of owners of all property or properties upon, through, or across which
such temporary use shall operate and/or occur.
k. A description of the plan for the management and/or control of persons and/or crowds at the
site(s) of such temporary use, including, but not limited to: the number and qualifications of
any security personnel to be deployed; defensive and offensive equipment and/or techniques to
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be utilized by or available to such security personnel, including vehicles, weapons, and/or
barriers; the method(s) by which persons or crowds will be moved, dispersed, and/or evacuated
in the normal course of the temporary use and/or in case of emergency; and the method(s) by
which information will be relayed to persons and crowds at the site(s) of such temporary use in
case of emergency.
l. The plan for cleanup, teardown, and/or removal of the temporary use and the site(s) upon
which it occurs or is operated, including, but not limited to, the removal of any and all:
structures, displays, restrooms, temporary signs, garbage, litter, temporary ground cover,
straw, and hazardous materials. Sediment traps may remain in place.
m. An agent upon whom service of process may be made in the state of Idaho.
n. Application fee as set forth in the fee schedule of the city clerk's office, except that no
application fee shall apply:
(1) Where applicant is or represents a nonprofit organization exempt from federal income
tax under 26 USC section 501(c);
(B) Where applicant is or represents a governmental entity; or
(C) Where applicant is seeking a temporary use permit for a temporary sales unit for the
purpose of conducting fundraising activities for a school or youth organization.
2. Upon receipt of all application materials required by this subsection, the city clerk or designee
shall determine, and shall endorse upon the application findings and determinations regarding:
a. The validity and completeness of the information therein;
b. Whether the proposed temporary use may be conducted in accordance with all applicable
provisions of law, including, but not limited to, this section; and
c. Whether a violation of the Meridian unified development code or of this section is occurring
upon the property upon which such proposed temporary use will occur.
3. Upon issuance of the findings, the city clerk or designee shall either issue a city of Meridian
temporary use permit to the applicant or deny the application. Where an application for a city of
Meridian temporary use permit is denied, the city clerk or designee shall notify the applicant of
such denial in writing, which shall include notice of the right to appeal such decision, if any, as set
forth in this subsection. Written notice of the denial shall be sent via U.S. mail or personally
delivered to the applicant at the address set forth on the application.
4. The city clerk shall deny an application for a temporary use permit where:
a. The application is incomplete or required application materials or fees have not been timely
submitted;
b. Investigation of such application or application materials reveals that provided information is
invalid, false, or incomplete;
c. The proposed temporary use will not be conducted in accordance with all applicable
provisions of law, including, but not limited to, this section;
d. A violation of the Meridian unified development code or of this section is occurring upon the
property upon which such proposed temporary use is proposed to occur;
e. The applicant has been convicted of a violation of any provision of this section within the
five (5) years preceding the date of submission of the application;
f. The applicant has an outstanding balance due and owing to the city of Meridian; or
g. The applicant has violated a provision of a prior special event agreement duly executed
between the applicant and city within the five (5) years preceding the date of submission of
the application.
5. The city clerk or designee shall issue or deny temporary use permit within twenty one (21)
calendar days of receipt of a complete application for such permit.
6. Appeal of the city clerk's issuance or denial of an application for a temporary use permit may
be made by the applicant within fourteen (14) days of such issuance or denial, except that there
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shall be no right to appeal a denial on the grounds that the application is incomplete or required
application materials or fees were not timely submitted. Such appeal shall be made in writing,
shall state the reasons for such appeal, and shall be delivered to the city clerk via U.S. mail or
in person. Upon receipt of such appeal, the city clerk shall schedule a public hearing on the
appeal at a city council meeting within thirty (30) days. The city council's decision on such
appeal shall be a final decision.
7. The city of Meridian temporary use permit shall include, on its face:
a. The name(s) of the permittee and any employees and/or persons permitted to operate or
carry on a temporary use within the city under such permit;
b. The time(s), date(s), place(s), and manner at and by which the temporary use is permitted
to occur;
c. A description of the structure(s) that may be erected under such permit;
d. A description of the caretaker unit that may be utilized for the purposes of security and
maintenance of the site, if any;
e. A description of the permitted dimensions, quantity, and locations of any and all
temporary signs that may be installed, erected, posted, or displayed for the purpose of
identifying, promoting, advertising, or directing patrons to the permitted temporary use;
and
f. Any and all other conditions of operation that are necessary to protect the public health,
safety, and welfare and mitigate effects on surrounding property, including, but not limited
to, effects of traffic, parking, noise, vibration, odor, light, glare, distraction to motorists,
and/or dust.
8. In addition to any and all other applicable civil or criminal penalties, the city clerk or
designee may revoke a city of Meridian temporary use permit where:
a. Any term or condition of the permit is violated by the permittee or by any employee or
person operating or acting under such permit.
b. In the course of operating a temporary use, the permittee or any employee or person
operating or acting under such permit violates a provision of this section or of any other
local, state, or federal law.
c. It is found, after issuance of such permit, that it was issued pursuant to falsified,
inaccurate, or incomplete information on the application therefor.
d. The site, setup, and/or operation of the temporary use and/or any component thereof varies
materially from the approved site plan.
e. Where a structural, mechanical, electrical, or plumbing permit and/or inspection is
required as a condition of the temporary use permit approval and such permit was not
issued or such inspection not passed.
The city clerk shall notify the permittee of such revocation in writing, and shall mail such
notice to the applicant at the mailing address set forth in the temporary use permit
application. Such revocation shall be effective immediately upon mailing by the city clerk.
9. Appeal of the city clerk's revocation of an application of a temporary use permit may be
made by the permittee. Such appeal shall be made to the city council in writing, shall state the
reasons for such appeal, and shall be delivered to the city clerk via U.S. mail or in person. Upon
receipt of such appeal, the city clerk shall schedule a public hearing on the appeal at a city
council meeting within thirty (30) days. The city council's decision on such appeal shall be a
final decision.
G. Penalty: A violation of this section shall be an infraction punishable by a penalty of one hundred
dollars ($100.00). In addition to such penalty, any person violating, allowing, or causing any
provision of this section shall be subject to any and all other applicable administrative, criminal,
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and/or civil penalties. Each day upon which a violation of this section occurs and/or continues may
be deemed a separate and distinct violation.
H. Enforcement: Peace officers and/or code enforcement officers shall be empowered to enforce the
provisions of this section. An officer may call upon the services of the planning, fire, parks and
recreation or other appropriate city departments to assist in the enforcement of the provisions of
this section. An officer may investigate any use or activity which he or she reasonably believes
violates the provisions of this section. If an officer reasonably believes that a provision of this
section has been violated, the officer may issue a citation to the person responsible for the violation
or upon the owner or lawful possessor of the real property at or upon which the violation occurred.
Such citation shall be served in accordance with the provisions of the Idaho infraction rules, which
are incorporated herein by this reference.
Section 5. That a new section, Meridian City Code section 3-4-4, regarding standards for all
temporary uses, shall be added, to read as follows:
3-4-4: TEMPORARY USES – STANDARDS FOR ALL TEMPORARY USES:
The following regulations on the time, place, and manner of temporary uses shall apply generally to
any and all temporary uses:
A. Failure To Obtain Temporary Use Permit: It shall be unlawful to operate or to allow or cause the
operation or occurrence of a temporary use requiring a temporary use permit without first obtaining
a city of Meridian temporary use permit.
B. Compliance With Temporary Use Permit: It shall be unlawful for any permittee or any employee
or person acting under a temporary use permit to violate or fail to comply with any term, condition,
or standard set forth in such city of Meridian temporary use permit.
C. Time Of Use: It shall be unlawful to operate or to allow or cause the operation or occurrence of a
temporary use requiring a city of Meridian temporary use permit at any time or upon any date other
than that designated in a valid city of Meridian temporary use permit.
D. Place Of Use: It shall be unlawful to operate or to allow or cause the operation or occurrence of a
temporary use requiring a city of Meridian temporary use permit at any place other than that
designated in a valid city of Meridian temporary use permit.
E. Manner Of Use: It shall be unlawful to operate or to allow or cause the operation or occurrence of a
temporary use requiring a city of Meridian temporary use permit in any manner other than that
designated in a valid city of Meridian temporary use permit.
F. Parking, Driving, And Access: Any person operating or causing the operation of any temporary
use, whether or not a city of Meridian temporary use permit is required for such temporary use,
shall:
1. Provide adequate off street parking to serve such temporary use. No temporary use shall
displace the required off street parking spaces or loading areas of the principal permitted uses
or other permitted temporary uses on the site, except where street closure is approved pursuant
to a validly issued city of Meridian temporary use permit.
2. Prohibit and prevent the operation and/or parking of vehicles on combustible surfaces or
materials.
3. Provide driving and/or parking surfaces that are designed to prevent traffic hazards and
nuisances.
4. Between June 1 and October 31, inclusive, operate, park, or allow the operation or parking of
motorized vehicles only on surfaces composed of one of the following materials:
a. Concrete.
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b. Asphalt.
c. Grasscrete.
d. Pavers.
e. Bricks.
f. Macadam.
g. Natural turf.
h. Recycled asphalt, where such material is approved for the site's principal permitted use by a
certificate of zoning compliance validly issued by the city of Meridian.
i. Gravel or soil treated with environmentally safe chemical soil stabilizer or chemical dust
suppressant.
5. Between November 1 and May 31, inclusive, operate, park, and/or allow the operation or
parking of motorized vehicles only on surfaces composed of one of the following materials:
a. Concrete.
b. Asphalt.
c. Grasscrete.
d. Pavers.
e. Bricks.
f. Macadam.
g. Recycled asphalt, only where such material is approved for the site's principal permitted use
by a certificate of zoning compliance validly issued by the city of Meridian.
h. Natural turf, gravel, or soil, only where all entrance and exit drives to the site are either
paved or include sediment traps at each and every transition between paved to unpaved
surfaces that meet the following standards:
(1) Each sediment trap shall be constructed and maintained in a manner that effectively
prevents tracking and/or flow of mud, soil, and/or sediment onto public rights of way. It
shall be unlawful to allow mud or soil to be tracked or to flow onto public rights of way
from the site of a temporary use.
(2) Each sediment trap shall extend the full width of the entrance and/or exit drive.
(3) Each sediment trap shall be a minimum length of thirty feet (30').
(4) Each sediment trap shall include a six inch (6") base layer of fractured stone over the
entire width and length of the sediment trap.
G. Vision Triangle: It shall be unlawful for any person operating or causing or allowing the operation
of any temporary use to cause or allow structures, signs, merchandise, or any other material utilized
in the operation or occurrence of such temporary use, whether or not a city of Meridian temporary
use permit is required for such temporary use, to interfere with the clear vision triangle.
H. Right Of Way: It shall be unlawful for any person operating or causing or allowing the operation of
any temporary use to operate or cause or allow the operation or occurrence of any temporary use
within the public right of way, unless otherwise authorized by a validly issued city of Meridian
temporary use permit.
I. Required Buffer Landscape Areas: Unless otherwise approved, it shall be unlawful for any person
to operate or cause or allow the operation or occurrence of any temporary use, whether or not a city
of Meridian temporary use permit is required for such temporary use, within required street buffer
for arterial and collector roadways and/or land use buffer landscape areas.
J. Structures: It shall be unlawful for any person operating or causing or allowing the operation of any
temporary use, whether or not a city of Meridian temporary use permit is required for such
temporary use, to:
1. Construct or cause the construction of any permanent structure.
2. b. Place, construct, or cause or allow the placement or construction of any structure that would
not otherwise be permitted by a generally applicable provision of law or city code.
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3. Fail to remove a structure utilized in the operation of such temporary use at the end of the time
period allowed by a city of Meridian temporary use permit or by other law.
4. Place, construct, or cause or allow the placement of structures utilized in the operation or
occurrence of any temporary use within the required setback, required land use buffer, and/or
the required street buffer for arterial and collector roadways.
K. Caretaker Unit: It shall be unlawful for any person operating or causing or allowing the operation
of any temporary use, whether or not a city of Meridian temporary use permit is required for such
temporary use, to:
1. Establish and/or utilize more than one caretaker unit.
2. Establish and/or utilize a caretaker unit for purposes other than site security or maintenance.
3. Fail to remove any caretaker unit at the end of the time period allowed by a city of Meridian
temporary use permit or by law.
L. Noise: It shall be unlawful for any person operating or causing or allowing the operation of any
temporary use to fail to shield compressors, fans, pumps, or other motorized equipment in a
manner that minimizes noise levels to adjoining properties. It shall be unlawful for any person
operating or causing or allowing the operation of any temporary use, whether or not a city of
Meridian temporary use permit is required for such temporary use, to locate or operate a
compressor, fan, pump, or other motorized equipment within one hundred feet (100') of a
residential district.
M. Site Conditions: It shall be unlawful for any person operating or causing or allowing the operation
of any temporary use to operate or conduct such temporary use in a manner that fails to provide for
waste collection and disposal, including, but not limited to, debris, garbage, food or organic
products, hazardous or toxic materials or byproducts, and signs. It shall be unlawful for any person
operating or causing or allowing the operation of any temporary use, whether or not a city of
Meridian temporary use permit is required for such temporary use, to fail to remove waste from
any temporary use site.
N. Unobstructed Sidewalk: Where a sidewalk or pedestrianway is obstructed in the course of the
conduct of a temporary use, a minimum width of four feet (4') of such sidewalk or pedestrianway
shall remain unobstructed. Where the conduct of a temporary use obstructs a sidewalk or
pedestrianway, it shall be unlawful for any person operating or causing or allowing the operation of
such temporary use to fail to ensure that a minimum width of four feet (4') of such sidewalk or
pedestrianway remains unobstructed.
O. Penalty: A violation of this section shall be an infraction punishable by a penalty of one hundred
dollars ($100.00). In addition to such penalty, any person violating, allowing, or causing any
provision of this section shall be subject to any and all other applicable administrative, criminal,
and/or civil penalties. Each day upon which a violation of this section occurs and/or continues may
be deemed a separate and distinct violation.
P. Enforcement: Peace officers and/or code enforcement officers shall be empowered to enforce the
provisions of this section. An officer may call upon the services of the planning, fire, parks and
recreation or other appropriate city departments to assist in the enforcement of the provisions of
this section. An officer may investigate any use or activity which he or she reasonably believes
violates the provisions of this section. If an officer reasonably believes that a provision of this
section has been violated, the officer may issue a citation to the person responsible for the violation
or upon the owner or lawful possessor of the real property at or upon which the violation occurred.
Such citation shall be served in accordance with the provisions of the Idaho infraction rules, which
are incorporated herein by this reference.
Section 6. That a new section, Meridian City Code section 3-4-5, regarding standards for
special events, shall be added, to read as follows:
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3-4-5: TEMPORARY USES – STANDARDS FOR SPECIAL EVENTS:
In addition to the standards for all temporary uses as set forth above, the following standards for time,
place, and manner of operation or occurrence of Special Events shall also apply:
A. Application deadline: A complete application for a temporary use permit for a special event shall
be submitted to the city clerk at least thirty (30) days prior to the first day of the proposed special
event, provided that an application for a temporary use permit for a large scale special event shall
be submitted at least sixty (60) calendar days prior to the first day of the proposed large scale
special event.
B. Application materials: It shall be unlawful for an organizer of a special event, or any person, to
conduct, allow, organize, or cause to be conducted or organized a special event without the
following:
1. A city of Meridian temporary use permit.
2. Written approval of the Ada County Highway District.
3. Any and all applicable licenses, permits, inspections, and/or certifications from the Central
district health department.
4. Any and all applicable licenses, permits, inspections, and/or certifications from the Idaho tax
commission.
5. Any and all licenses, permits, inspections, and/or certifications required by this title, including,
but not limited to: server training certification.
6. Any and all licenses, permits, inspections, and/or certifications required by title 10 of this code.
7. Any and all licenses, permits, inspections, and/or certifications required by title 13 of this code
and/or the policies of the Meridian parks and recreation department.
8. Written consent of the owner(s) of any and all property or properties on which the special event
is to occur.
9. Proof of an insurance policy, issued by an insurance company licensed to do business in Idaho,
protecting the applicant and/or any employees and/or agents thereof from all claims for
damages to property and bodily injury, including death, which may arise from operations under
or in connection with the special event. Such insurance shall name the city as additional
insured, and shall provide that the policy shall not terminate or be canceled prior to the
expiration date without thirty (30) days' advance written notice to the city. Such insurance shall
afford minimum limits of five hundred thousand dollars ($500,000.00) per person bodily
injury, five hundred thousand dollars ($500,000.00) per occurrence bodily injury, and five
hundred thousand dollars ($500,000.00) per occurrence property damage, provided that the
minimum limits for large scale special events shall be as set forth below.
No provision of this subsection shall preclude the application of any and all other licensing and/or
other applicable provisions of local, state, or federal law to any special event organizer, nor exempt
any vendor or participant in a special event from compliance with any and all other licensing or
other applicable provisions of local, state, or federal law, except that where a special event includes
vendors or participants that would otherwise require city of Meridian licenses or permits to operate
as mobile sales units or temporary sales units, such vendors and/or participants shall be exempt
from such requirement, provided that this exemption shall apply only to vendors and/or participants
represented on the site plan(s) or map(s) submitted by the organizer; and further provided that such
exemption shall apply only for the time, at the place, and in the manner specified for such special
event in a validly issued city of Meridian temporary use permit.
UPDATES TO OUTDOOR SALES AND TEMPORARY USES CODE PAGE 11 OF 23
C. Term of use: Special events shall be allowed for a period not to exceed fourteen (14) days within
any ninety (90) day period.
D. Zoning restrictions: It shall be unlawful for any person to conduct, allow, or organize a special
event in a residential district, except that:
1. Neighborhood events or block parties shall be permitted in residential districts with a
temporary use permit.
2. Special events involving a route, such as races, parades, or marches may be permitted in
residential districts with a temporary use permit.
3. A special event that takes place upon a property with an allowed nonresidential use may be
permitted.
E. Signs: The following provisions shall apply to any and all temporary signs related to a special
event:
1. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the
installation, erection, posting, or display of a temporary sign or temporary signs where the
quantity or dimensions thereof exceed the limitations set forth in this subsection. No more than
two hundred (200) temporary signs with an area not to exceed six (6) square feet shall be
installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or
directing patrons to a special event. No more than twelve (12) temporary signs with an area not
to exceed thirty two (32) square feet shall be installed, erected, posted, or displayed for the
purpose of identifying, promoting, advertising, or directing patrons to a special event.
2. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the
installation, erection, posting, or display of any temporary sign identifying, promoting,
advertising, or directing patrons to a special event upon any property without the permission of
the owner of such property.
3. Any and all temporary signs identifying, promoting, advertising, or directing patrons to a
special event shall be removed within twenty four (24) hours of the conclusion or close of such
special event.
F. Additional Specific Standards For Large Scale Special Events:
1. Preapplication meeting: At least fourteen (14) days prior to submission of an application for a
temporary use permit for a large scale special event, the organizer of a large scale special event
shall request and attend a preapplication meeting with city staff to identify and address
potential hazards presented by such event to public health, safety, and convenience. Upon
request by the applicant, the city clerk or designee shall schedule such meeting, which may
include, as necessary, city staff from the police department, fire department, parks and
recreation department, city attorney's office, and/or other departments.
2. Application deadline: A complete application for a temporary use permit for a large scale
special event shall be submitted to the city clerk at least sixty (60) days prior to the first day of
the proposed special event.
3. Application materials: It shall be unlawful for an organizer of a large scale special event, or
any person, to conduct, allow, organize, or cause to be conducted or organized a large scale
special event without the following:
a. Proof of an insurance policy, issued by an insurance company licensed to do business in
Idaho, protecting the applicant and/or any employees and/or agents thereof from all claims
for damages to property and bodily injury, including death, which may arise from
operations under or in connection with the large scale special event. Such insurance shall
name the city as additional insured, and shall provide that the policy shall not terminate or
UPDATES TO OUTDOOR SALES AND TEMPORARY USES CODE PAGE 12 OF 23
be canceled prior to the expiration date without thirty (30) days' advance written notice to
the city. Such insurance shall afford minimum limits of one million dollars ($1,000,000.00)
per person bodily injury, one million dollars ($1,000,000.00) per occurrence bodily injury,
and one million dollars ($1,000,000.00) per occurrence property damage.
b. Where required by City, a mutually negotiated and agreed upon special event agreement
with the city to establish the terms and conditions of any city services or property to be
used, whether as required by this chapter or at such organizer's election, including estimated
payment due for all city services provided or necessary to support the event. City may
provide city services necessary to support historic Meridian special events at no or reduced
charge to organizer, as established by written agreement, where the provision of such
services is deemed feasible and appropriate in the discretion of the respective department
director(s). Notwithstanding the execution of such contract, all provisions of this chapter,
including penalties for noncompliance, shall apply, in addition to any remedies set forth in
such contract.
G. Unauthorized vendors: It shall be unlawful for any person to operate as a mobile sales unit or
operate any other temporary use at a special event or large-scale special event, or within the site or
route approved under a City of Meridian Temporary Use Permit for a Special Event, without
authorization from the event organizer.
H. Penalty: A violation of this section shall be an infraction punishable by a penalty of one hundred
dollars ($100.00). In addition to such penalty, any person violating, allowing, or causing any
provision of this section shall be subject to any and all other applicable administrative, criminal,
and/or civil penalties. Each day upon which a violation of this section occurs and/or continues may
be deemed a separate and distinct violation.
I. Enforcement: Peace officers and/or code enforcement officers shall be empowered to enforce the
provisions of this section. An officer may call upon the services of the planning, fire, parks and
recreation or other appropriate city departments to assist in the enforcement of the provisions of
this section. An officer may investigate any use or activity which he or she reasonably believes
violates the provisions of this section. If an officer reasonably believes that a provision of this
section has been violated, the officer may issue a citation to the person responsible for the violation
or upon the owner or lawful possessor of the real property at or upon which the violation occurred.
Such citation shall be served in accordance with the provisions of the Idaho infraction rules, which
are incorporated herein by this reference.
Section 7. That a new section, Meridian City Code section 3-4-6, regarding standards for
promotional sales units, shall be added, to read as follows:
3-4-6: TEMPORARY USES – STANDARDS FOR PROMOTIONAL SALES UNITS:
In addition to the standards for all temporary uses as set forth above, the following standards for time,
place, and manner of operation or occurrence of Promotional Sales Units shall also apply:
A. The operation of a promotional sales unit without the following valid and current licenses, permits,
and/or certifications shall be a violation of this section:
1. A city of Meridian temporary use permit.
2. Any and all applicable licenses, permits, and/or certifications from the Central district health
department.
3. Any and all licenses, permits, and/or certifications required by title 10 of this code.
UPDATES TO OUTDOOR SALES AND TEMPORARY USES CODE PAGE 13 OF 23
B. It shall be unlawful to operate or cause the operation of a promotional sales unit in a residential
district.
C. Only a promotional sales unit directly associated with the principally permitted use on the site on
which it is located shall be allowed; for example, a sidewalk sale or tent sales associated with an
existing retail establishment shall be allowed. It shall be unlawful to operate a promotional sales
unit at any place or in any manner that is not directly associated with the principally permitted use
on the site on which such promotional sales unit is located.
D. A promotional sales unit and the property on or at which it is located shall comply with the
standards for vehicular and pedestrian access as determined by the Ada County highway district
or other transportation authority.
E. The following provisions shall apply to any and all temporary signs related to a promotional sales
unit:
1. No more than two (2) temporary signs per one promotional sales unit shall be installed,
erected, posted, or displayed for the purpose of identifying, promoting, advertising, or
directing patrons to such promotional sales unit. It shall be unlawful for any person to install,
erect, post, or display or to allow or cause the installation, erection, posting, or display of
more than two (2) temporary signs per one promotional sales unit identifying, promoting,
advertising, or directing patrons to such promotional sales unit.
2. The area of any temporary sign installed, erected, posted, or displayed for the purpose of
identifying, promoting, advertising, or directing patrons to a promotional sales unit shall not
exceed thirty two (32) square feet. It shall be unlawful for any person to install, erect, post, or
display or to allow or cause the installation, erection, posting, or display of a temporary sign
identifying, promoting, advertising, or directing patrons to a promotional sales unit where the
area of such temporary sign exceeds thirty two (32) square feet.
3. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the
installation, erection, posting, or display of any temporary sign identifying, promoting,
advertising, or directing patrons to a promotional sales unit upon any property other than that
property upon which the promotional sales unit is located.
4. Any and all temporary signs identifying, promoting, advertising, or directing patrons to a
promotional sales unit shall be removed within twenty four (24) hours of the conclusion of
such temporary use.
F. Penalty: A violation of this section shall be an infraction punishable by a penalty of one hundred
dollars ($100.00). In addition to such penalty, any person violating, allowing, or causing any
provision of this section shall be subject to any and all other applicable administrative, criminal,
and/or civil penalties. Each day upon which a violation of this section occurs and/or continues
may be deemed a separate and distinct violation.
G. Enforcement: Peace officers and/or code enforcement officers shall be empowered to enforce the
provisions of this section. An officer may call upon the services of the planning, fire, parks and
recreation or other appropriate city departments to assist in the enforcement of the provisions of
this section. An officer may investigate any use or activity which he or she reasonably believes
violates the provisions of this section. If an officer reasonably believes that a provision of this
section has been violated, the officer may issue a citation to the person responsible for the
violation or upon the owner or lawful possessor of the real property at or upon which the violation
occurred. Such citation shall be served in accordance with the provisions of the Idaho infraction
rules, which are incorporated herein by this reference.
Section 8. That a new section, Meridian City Code section 3-4-7, regarding standards for
temporary sales units, shall be added, to read as follows:
UPDATES TO OUTDOOR SALES AND TEMPORARY USES CODE PAGE 14 OF 23
3-4-7: TEMPORARY USES – STANDARDS FOR TEMPORARY SALES UNITS:
In addition to the standards for all temporary uses as set forth above, the following standards for time,
place, and manner of operation or occurrence of Temporary Sales Units shall also apply:
A. The operation of a temporary sales unit shall be unlawful without the following valid and current
licenses, permits, and/or certifications:
1. A city of Meridian temporary use permit.
2. Any and all applicable licenses, permits, and/or certifications from the Central district health
department.
3. Any and all applicable licenses, permits, inspections, and/or certifications from the Idaho tax
commission.
4. Any and all licenses, permits, and/or certifications required by title 10 of this code.
5. Written consent of the owner of the property on which the temporary sales unit is to be located.
B. It shall be unlawful to operate or cause the operation of a temporary sales unit in a residential
district.
C. Temporary sales units shall be limited to a period of time not to exceed one hundred twenty (120)
days, whether such days are consecutive or not, per property, per calendar year. The location of a
temporary sales unit on a site for any portion of a day, whether or not the temporary sales unit is
open for business, shall constitute one day for purposes of this subsection.
D. Temporary sales units may utilize no more than one structure. Such structure shall not exceed
seven hundred (700) square feet. It shall be unlawful to utilize more than one structure in the
operation of a temporary sales unit. It shall be unlawful for any structure utilized in the operation of
a temporary sales unit to be more than seven hundred (700) square feet. It shall be unlawful to
utilize any structure in the operation of a temporary sales unit without any and all licenses, permits,
and/or certifications required by title 10 of this code.
E. A temporary sales unit and the property on or at which it is located shall comply with the standards
for vehicular and pedestrian access as determined by the Ada County highway district or other
transportation authority.
F. The following provisions shall apply to any and all temporary signs related to a temporary sales
unit:
1. No more than two (2) temporary signs per one temporary sales unit shall be installed, erected,
posted, or displayed for the purpose of identifying, promoting, advertising, or directing
patrons to such temporary sales unit. It shall be unlawful for any person to install, erect, post,
or display or to allow or cause the installation, erection, posting, or display of more than two
(2) temporary signs per one temporary sales unit identifying, promoting, advertising, or
directing patrons to such temporary sales unit.
2. The area of any temporary sign installed, erected, posted, or displayed for the purpose of
identifying, promoting, advertising, or directing patrons to a temporary sales unit shall not
exceed sixteen (16) square feet. It shall be unlawful for any person to install, erect, post, or
display or to allow or cause the installation, erection, posting, or display of a temporary sign
identifying, promoting, advertising, or directing patrons to a temporary sales unit where the
area of such temporary sign exceeds sixteen (16) square feet.
3. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the
installation, erection, posting, or display of any temporary sign identifying, promoting,
advertising, or directing patrons to a temporary sales unit upon any property other than that
property upon which the temporary sales unit is located.
UPDATES TO OUTDOOR SALES AND TEMPORARY USES CODE PAGE 15 OF 23
4. Any and all temporary signs identifying, promoting, advertising, or directing patrons to a
temporary sales unit shall be removed within twenty four (24) hours of the conclusion or
close of such temporary use.
G. Penalty: A violation of this section shall be an infraction punishable by a penalty of one hundred
dollars ($100.00). In addition to such penalty, any person violating, allowing, or causing any
provision of this section shall be subject to any and all other applicable administrative, criminal,
and/or civil penalties. Each day upon which a violation of this section occurs and/or continues may
be deemed a separate and distinct violation.
H. Enforcement: Peace officers and/or code enforcement officers shall be empowered to enforce the
provisions of this section. An officer may call upon the services of the planning, fire, parks and
recreation or other appropriate city departments to assist in the enforcement of the provisions of
this section. An officer may investigate any use or activity which he or she reasonably believes
violates the provisions of this section. If an officer reasonably believes that a provision of this
section has been violated, the officer may issue a citation to the person responsible for the violation
or upon the owner or lawful possessor of the real property at or upon which the violation occurred.
Such citation shall be served in accordance with the provisions of the Idaho infraction rules, which
are incorporated herein by this reference.
Section 9. That a new section, Meridian City Code section 3-4-8, regarding standards for
outdoor markets, shall be added, to read as follows:
3-4-8: TEMPORARY USES – STANDARDS FOR OUTDOOR MARKETS:
In addition to the standards for all temporary uses as set forth above, the following standards for time,
place, and manner of operation or occurrence of Outdoor Markets shall also apply:
A. It shall be unlawful for an organizer of an outdoor market, or any person, to conduct, allow,
organize, advertise, promote, or cause to be advertised or promoted an outdoor market without the
following valid and current licenses, permits, and/or certifications:
1. A city of Meridian temporary use permit.
2. Any and all applicable licenses, permits, inspections, and/or certifications from the Central
district health department.
3. Any and all applicable licenses, permits, inspections, and/or certifications from the Idaho tax
commission.
4. Any and all licenses, permits, and/or certifications required by title 10 of this code.
5. Any and all licenses, permits, inspections, and/or certifications required by title 13 of this code
and/or the policies of the Meridian parks and recreation department.
6. Written consent of the owner of the property on which the outdoor market is to be located.
7. Proof of an insurance policy, issued by an insurance company licensed to do business in Idaho,
protecting the applicant and/or any employees and/or agents thereof from all claims for
damages to property and bodily injury, including death, which may arise from operations under
or in connection with the outdoor market. Such insurance shall name the city as additional
insured, and shall provide that the policy shall not terminate or be canceled prior to the
expiration date without thirty (30) days' advance written notice to the city. Such insurance shall
afford minimum limits of five hundred thousand dollars ($500,000.00) per person bodily
injury, five hundred thousand dollars ($500,000.00) per occurrence bodily injury, and five
hundred thousand dollars ($500,000.00) per occurrence property damage.
B. It shall be unlawful for any person to conduct, allow, or organize an outdoor market in a residential
district.
UPDATES TO OUTDOOR SALES AND TEMPORARY USES CODE PAGE 16 OF 23
C. Outdoor markets shall be allowed in any nonresidential district on one day per week. It shall be
unlawful for any person to conduct, allow, or organize an outdoor market on more than one day per
week.
D. No provision of this subsection shall preclude the application of any and all other licensing and/or
other applicable provisions of local, state, or federal law to any outdoor market organizer, nor
exempt any vendor or participant in an outdoor market from compliance with any and all other
licensing or other applicable provisions of local, state, or federal law, except that where an outdoor
market includes vendors or participants that would otherwise require city of Meridian licenses or
permits to operate as mobile sales units or temporary sales units, such vendors and/or participants
shall be exempt from such requirement, provided that this exemption shall apply only to vendors
and/or participants represented on the site plan(s) or map(s) submitted by the organizer; and further
provided that such exemption shall apply only for the time, at the place, and in the manner
specified for such outdoor market in a validly issued city of Meridian temporary use permit.
E. The following provisions shall apply to any and all temporary signs related to an outdoor market:
1. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the
installation, erection, posting, or display of a temporary sign or temporary signs where the
quantity or dimensions thereof exceed the limitations set forth in this subsection. No more than
ten (10) temporary signs with an area not to exceed six (6) square feet shall be installed,
erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing
patrons to an outdoor market. No more than four (4) temporary signs with an area not to exceed
thirty two (32) square feet shall be installed, erected, posted, or displayed for the purpose of
identifying, promoting, advertising, or directing patrons to an outdoor market.
2. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the
installation, erection, posting, or display of any temporary sign identifying, promoting,
advertising, or directing patrons to an outdoor market upon any property without the permission
of the owner of such property.
3. Any and all temporary signs identifying, promoting, advertising, or directing patrons to an
outdoor market shall be removed within twenty four (24) hours of the close of such outdoor
market.
F. Unauthorized vendors: It shall be unlawful for any person to operate as a mobile sales unit or
operate any other temporary use at an outdoor market, or within the site approved under a City of
Meridian Temporary Use Permit for an Outdoor Market, without authorization from the outdoor
market organizer.
G. Penalty: A violation of this section shall be an infraction punishable by a penalty of one hundred
dollars ($100.00). In addition to such penalty, any person violating, allowing, or causing any
provision of this section shall be subject to any and all other applicable administrative, criminal,
and/or civil penalties. Each day upon which a violation of this section occurs and/or continues may
be deemed a separate and distinct violation.
H. Enforcement: Peace officers and/or code enforcement officers shall be empowered to enforce the
provisions of this section. An officer may call upon the services of the planning, fire, parks and
recreation or other appropriate city departments to assist in the enforcement of the provisions of
this section. An officer may investigate any use or activity which he or she reasonably believes
violates the provisions of this section. If an officer reasonably believes that a provision of this
section has been violated, the officer may issue a citation to the person responsible for the violation
or upon the owner or lawful possessor of the real property at or upon which the violation occurred.
Such citation shall be served in accordance with the provisions of the Idaho infraction rules, which
are incorporated herein by this reference.
UPDATES TO OUTDOOR SALES AND TEMPORARY USES CODE PAGE 17 OF 23
Section 10. That a new section, Meridian City Code section 3-4-9, regarding standards for
subdivision model homes, shall be added, to read as follows:
3-4-9: TEMPORARY USES – STANDARDS FOR SUBDIVISION MODEL HOMES:
In addition to the standards for all temporary uses as set forth above, the following standards for time,
place, and manner of operation or occurrence of Subdivision Model Homes shall also apply:
A. Where a structure is both a subdivision model home and a subdivision real estate sales office, such
structure shall be subject to the standards for a subdivision model home.
B. A subdivision model home shall be located at or upon a lot or lots within the subdivision
containing the lots and/or dwellings of which such subdivision model home serves as an exhibit or
example. It shall be unlawful to operate or cause the operation of a subdivision model home at or
upon a lot or lots which is/are not within the subdivision containing the lots and/or dwellings of
which such subdivision model home serves as an exhibit or example.
C. 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 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 without any and all permits
required by title 10 of this code.
D. The principal use of the subdivision model home shall be as an exhibit or example of lots and/or
dwellings within the subdivision or planned unit development in which the subdivision model
home is located. It shall be unlawful for any person to use or allow the use of a subdivision model
home as a financial institution of any sort, including as an appraisal, loan, or closing office.
E. 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.
F. The following provisions shall apply to any and all temporary signs related to a subdivision model
home:
1. No more than one temporary sign per one subdivision model home shall be installed, erected,
posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons
to such subdivision model home. It shall be unlawful for any person to install, erect, post, or
display or to allow or cause the installation, erection, posting, or display of more than one
temporary sign per one subdivision model home identifying, promoting, advertising, or
directing patrons to such subdivision model home.
2. The area of any temporary sign installed, erected, posted, or displayed for the purpose of
identifying, promoting, advertising, or directing patrons to a subdivision model home shall not
exceed sixteen (16) square feet. It shall be unlawful for any person to install, erect, post, or
display or to allow or cause the installation, erection, posting, or display of a temporary sign
identifying, promoting, advertising, or directing patrons to a subdivision model home where the
area of such temporary sign exceeds sixteen (16) square feet.
3. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the
installation, erection, posting, or display of any temporary sign identifying, promoting,
UPDATES TO OUTDOOR SALES AND TEMPORARY USES CODE PAGE 18 OF 23
advertising, or directing patrons to a subdivision model home upon any property other than that
property upon which the subdivision model home is located.
4. Any and all temporary signs identifying, promoting, advertising, or directing patrons to a
subdivision model home shall be removed within twenty four (24) hours of the conclusion of
such temporary use.
G. Penalty: A violation of this section shall be an infraction punishable by a penalty of one hundred
dollars ($100.00). In addition to such penalty, any person violating, allowing, or causing any
provision of this section shall be subject to any and all other applicable administrative, criminal,
and/or civil penalties. Each day upon which a violation of this section occurs and/or continues may
be deemed a separate and distinct violation.
H. Enforcement: Peace officers and/or code enforcement officers shall be empowered to enforce the
provisions of this section. An officer may call upon the services of the planning, fire, parks and
recreation or other appropriate city departments to assist in the enforcement of the provisions of
this section. An officer may investigate any use or activity which he or she reasonably believes
violates the provisions of this section. If an officer reasonably believes that a provision of this
section has been violated, the officer may issue a citation to the person responsible for the violation
or upon the owner or lawful possessor of the real property at or upon which the violation occurred.
Such citation shall be served in accordance with the provisions of the Idaho infraction rules, which
are incorporated herein by this reference.
Section 11. That a new section, Meridian City Code section 3-4-10, regarding standards for
subdivision real estate sales offices, shall be added, to read as follows:
3-4-10: TEMPORARY USES – STANDARDS FOR SUBDIVISION REAL ESTATE SALES
OFFICES:
In addition to the standards for all temporary uses as set forth above, the following standards for time,
place, and manner of operation or occurrence of Subdivision Real Estate Sales Offices shall also apply:
A. Where a structure is both a subdivision model home and a subdivision real estate sales office, such
structure shall be subject to the standards for a subdivision model home.
B. The operation of a subdivision real estate sales office without the following valid and current
licenses, permits, and/or certifications shall be unlawful:
1. A city of Meridian temporary use permit.
2. Any and all licenses, permits, and/or certifications required by title 10 of this code.
C. A subdivision real estate sales office shall be located at or upon a lot or lots within the subdivision
containing the lots and/or dwellings being sold from such subdivision real estate sales office. It
shall be unlawful to operate or cause the operation of a subdivision real estate sales office at or
upon a lot or lots which is/are not within the subdivision containing the lots and/or dwellings being
sold from such subdivision real estate sales office.
D. The principal use of the subdivision real estate sales office shall be the sale of lots and/or dwellings
within the subdivision or planned unit development in which the subdivision real estate sales office
is located. It shall be unlawful for any person to use or allow the use of a subdivision real estate
sales office as a financial institution of any sort, including as an appraisal, loan, or closing office.
E. 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 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 real estate sales office either where no lots or newly constructed dwellings are for
sale or rent or after three hundred sixty five (365) days following the date of issuance of the
temporary use permit, whichever occurs first unless such subdivision real estate sales office is
UPDATES TO OUTDOOR SALES AND TEMPORARY USES CODE PAGE 19 OF 23
converted to a dwelling in accordance with all applicable provisions of law, including titles 10 and
11 of this code.
F. A subdivision real estate sales office 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
without any and all permits required by title 10 of this code.
G. The following provisions shall apply to any and all temporary signs related to a subdivision real
estate sales office:
1. No more than one temporary sign per one subdivision real estate sales office shall be installed,
erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing
patrons to such subdivision real estate sales office. It shall be unlawful for any person to install,
erect, post, or display or to allow or cause the installation, erection, posting, or display of more
than one temporary sign per one subdivision real estate sales office identifying, promoting,
advertising, or directing patrons to such subdivision real estate sales office.
2. The area of any temporary sign installed, erected, posted, or displayed for the purpose of
identifying, promoting, advertising, or directing patrons to a subdivision real estate sales office
shall not exceed sixteen (16) square feet. It shall be unlawful for any person to install, erect,
post, or display or to allow or cause the installation, erection, posting, or display of a temporary
sign identifying, promoting, advertising, or directing patrons to a subdivision real estate sales
office where the area of such temporary sign exceeds sixteen (16) square feet.
3. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the
installation, erection, posting, or display of any temporary sign identifying, promoting,
advertising, or directing patrons to a subdivision real estate sales office upon any property other
than that property upon which the subdivision real estate sales office is located.
4. Any and all temporary signs identifying, promoting, advertising, or directing patrons to a
subdivision real estate sales office shall be removed within twenty four (24) hours of the
conclusion of such temporary use.
H. Penalty: A violation of this section shall be an infraction punishable by a penalty of one hundred
dollars ($100.00). In addition to such penalty, any person violating, allowing, or causing any
provision of this section shall be subject to any and all other applicable administrative, criminal,
and/or civil penalties. Each day upon which a violation of this section occurs and/or continues may
be deemed a separate and distinct violation.
I. Enforcement: Peace officers and/or code enforcement officers shall be empowered to enforce the
provisions of this section. An officer may call upon the services of the planning, fire, parks and
recreation or other appropriate city departments to assist in the enforcement of the provisions of
this section. An officer may investigate any use or activity which he or she reasonably believes
violates the provisions of this section. If an officer reasonably believes that a provision of this
section has been violated, the officer may issue a citation to the person responsible for the violation
or upon the owner or lawful possessor of the real property at or upon which the violation occurred.
Such citation shall be served in accordance with the provisions of the Idaho infraction rules, which
are incorporated herein by this reference.
Section 12. That a new section, Meridian City Code section 3-4-11, regarding standards for
garage, yard, and similar sales, shall be added, to read as follows:
3-4-11: TEMPORARY USES – STANDARDS FOR GARAGE, YARD, AND SIMILAR SALES:
The following standards shall apply to the time, place, and manner of operation or occurrence of
Garage, Yard and Similar Sales:
UPDATES TO OUTDOOR SALES AND TEMPORARY USES CODE PAGE 20 OF 23
A. Garage sale operators shall comply with the standards for all temporary uses as set forth above all
provisions and standards of this chapter and any and all applicable provisions of law, except that a
city of Meridian temporary use permit shall not be required, and the provisions of Meridian City
Code section 3-4-4(F) shall not apply.
B. It shall be unlawful for any person to conduct a garage sale at any one address:
1. At which four (4) or more garage sales have been conducted by any person within the current
calendar year.
2. At which a garage sale has been conducted by any person within the previous thirty (30) days.
3. For longer than three (3) consecutive days.
4. Between the hours of ten o'clock (10:00) P.M. and six o'clock (6:00) A.M.
C. Persons conducting garage sales shall comply with all provisions of this chapter and any and all
applicable provisions of law.
D. All garage sales shall be directly associated with a residence on the site of such garage sale. It shall
be unlawful for any person to hold a garage sale on or at any vacant or unoccupied property and/or
building, except where facts exist to support the affirmative defense that such person:
1. Is the owner of record of such property and/or building; or
2. Prior to such garage sale, has obtained written permission of the owner of such property and/or
building for the garage sale, which permission shall include the scope of such permission,
including specific reference to the date(s), address, and location of the garage sale; and the
owner's signature and date.
E. Any person claiming exemption under this subsection of this section shall bear the burden of
proving that such exception applies.
F. Garage sales held by or for the benefit of charitable or nonprofit organizations shall not be exempt
from the provisions of this section.
G. It shall be unlawful for any person to conduct a garage sale in any manner which creates a hazard
to public health or safety.
H. The following provisions shall apply to any and all temporary signs related to a garage sale:
1. No more than four (4) temporary signs per one garage sale shall be installed, erected, posted, or
displayed for the purpose of identifying, promoting, advertising, or directing patrons to such
garage sale. It shall be unlawful for any person to install, erect, post, or display or to allow or
cause the installation, erection, posting, or display of more than four (4) temporary signs per
one garage sale identifying, promoting, advertising, or directing patrons to such garage sale.
2. The area of any temporary sign installed, erected, posted, or displayed for the purpose of
identifying, promoting, advertising, or directing patrons to a garage sale shall not exceed six (6)
square feet. It shall be unlawful for any person to install, erect, post, or display or to allow or
cause the installation, erection, posting, or display of a temporary sign identifying, promoting,
advertising, or directing patrons to a garage sale where the area of such temporary sign exceeds
six (6) square feet.
3. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the
installation, erection, posting, or display of any temporary sign identifying, promoting,
advertising, or directing patrons to a garage sale upon any property without the permission of
the owner of such property.
4. Any and all temporary signs identifying, promoting, advertising, or directing patrons to a
garage sale shall be removed within twenty four (24) hours of the conclusion or close of such
temporary use.
I. Penalty: A violation of this section shall be an infraction punishable by a penalty of one hundred
dollars ($100.00). In addition to such penalty, any person violating, allowing, or causing any
provision of this section shall be subject to any and all other applicable administrative, criminal,
UPDATES TO OUTDOOR SALES AND TEMPORARY USES CODE PAGE 21 OF 23
and/or civil penalties. Each day upon which a violation of this section occurs and/or continues may
be deemed a separate and distinct violation.
J. Enforcement: Peace officers and/or code enforcement officers shall be empowered to enforce the
provisions of this section. An officer may call upon the services of the planning, fire, parks and
recreation or other appropriate city departments to assist in the enforcement of the provisions of
this section. An officer may investigate any use or activity which he or she reasonably believes
violates the provisions of this section. If an officer reasonably believes that a provision of this
section has been violated, the officer may issue a citation to the person responsible for the violation
or upon the owner or lawful possessor of the real property at or upon which the violation occurred.
Such citation shall be served in accordance with the provisions of the Idaho infraction rules, which
are incorporated herein by this reference.
Section 13. That a new section, Meridian City Code section 3-4-12, regarding standards for
temporary construction sites, shall be added, to read as follows:
3-4-12: TEMPORARY USES – STANDARDS FOR TEMPORARY CONSTRUCTION SITES:
The following standards shall apply to the time, place, and manner of operation or occurrence of
Temporary Construction Sites:
A. Temporary construction site property owners shall comply with the standards for all temporary
uses as set forth above all provisions and standards of this chapter and any and all applicable
provisions of law, except that a city of Meridian temporary use permit shall not be required, and
the provisions of Meridian City Code section 3-4-4(F) shall not apply.
B. It shall be unlawful for any person to operate a temporary construction site on a property at which
there is no approved and valid plat, certificate of zoning compliance, and/or building permit. All
temporary construction sites shall be consistent with such approved plat, certificate of zoning
compliance, and/or building permit.
C. It shall be unlawful for any person to conduct processing or other industrial activities on a
temporary construction site unless such activities are directly associated with a valid plat,
certificate of zoning compliance, and/or building permit.
D. It shall be unlawful for any person to store materials and/or equipment on a temporary construction
site that are not directly associated with a valid plat, certificate of zoning compliance, and/or
building permit.
E. It shall be unlawful for any person to place construction management trailers on a temporary
construction site unless such trailers are needed to supervise the temporary construction site on a
regular basis.
F. It shall be unlawful for any person to operate a temporary construction site in any manner which
creates a hazard to public health or safety.
G. It shall be unlawful for any person to store construction materials or equipment in or upon a public
right of way, except as specifically allowed by license or permit issued by the right of way agency.
H. Discarded materials, rubbish, and garbage generated at or carried onto a temporary construction
site shall be enclosed in a container meeting the requirements of title 4, chapter 1 of this code.
I. Temporary construction site property owners shall incorporate all extracted materials into the site
design and/or development of the property and/or adjoining properties. Where such materials are
not or cannot be incorporated into the design and/or development, the use shall be deemed a
construction sand and gravel mining operation and shall comply with title 11 of this code.
J. Persons operating a temporary construction site shall accomplish such activity in a time frame
appropriate to the size and/or area of the development as determined by the community
development director or designee. Where such activity is not accomplished in an appropriate time
frame, the use shall be deemed a construction sand and gravel mining operation and shall comply
with title 11 of this code.
K. The provisions of section 11-3D-7 of this code shall apply to any and all signs on the temporary
construction site.
L. Penalty: A violation of this section shall be an infraction punishable by a penalty of one hundred
dollars ($100.00). In addition to such penalty, any person violating, allowing, or causing any
provision of this section shall be subject to any and all other applicable administrative, criminal,
and/or civil penalties, Each day upon which a violation of this section occurs and/or continues may
be deemed a separate and distinct violation.
M. Enforcement: Peace officers and/or code enforcement officers shall be empowered to enforce the
provisions of this section. An officer may call upon the services of the planning, fire, parks and
recreation or other appropriate city departments to assist in the enforcement of the provisions of
this section. An officer may investigate any use or activity which he or she reasonably believes
violates the provisions of this section. If an officer reasonably believes that a provision of this
section has been violated, the officer may issue a citation to the person responsible for the violation
or upon the owner or lawful possessor of the real property at or upon which the violation occurred.
Such citation shall be served in accordance with the provisions of the Idaho infraction rules, which
are incorporated herein by this reference.
Section 14. It is hereby declared to be the legislative intent that the provisions and parts of this
ordinance shall be severable. If any paragraph, part, section, subsection, sentence, clause, or phrase of
this ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this ordinance.
Section 15. All City of Meridian ordinances, or resolutions, or parts thereof, which are in
conflict herewith, are hereby repealed.
Section 16. That this ordinance shall be effective on November 9, 2017.
PASSED by the City Council of the City of Meridian, Idaho, this. IT� day of
0(-,lf7�p2 , 2017.
APPROVED by the Mayor of the City of Meridian, Idaho, this _a day of0-U fboy ,
2017.
APPRO
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ATTEST:
C y Col City erk
......._.............
UPDATES TO OUTDOOR SALES AND. TEMPORARY USES CODE PAGE 22 OF 23
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.C. § 50-901(A)
CITY OF MERIDIAN ORDINANCE NO. 17
AN ORDINANCE OF THE CITY OF MERIDIAN IN ADA COUNTY, IDAHO, AMENDING
MERIDIAN CITY CODE SECTION 3-4-1, REGARDING THE CLASSIFICATION OF
LARGE-SCALE SPECIAL EVENTS WITHIN THE DEFINITION OF SPECIAL EVENTS
AND ELIMINATING THE TEMPORARY INDOOR EVENTS DEFINITION; REPEALING
MERIDIAN CITY CODE SECTION 3-4-3, REGARDING TEMPORARY USES; REPEALING
MERIDIAN CITY CODE SECTION 3-4-4, REGARDING CITIZEN'S USE PERMITS;
ADDING A NEW SECTION, SECTION 3-4-3, REGARDING LICENSE AND PERMIT
REQUIREMENTS FOR ALL TEMPORARY USES; ADDING A NEW SECTION, MERIDIAN
CITY CODE SECTION 3-4-4, REGARDING STANDARDS FOR ALL TEMPORARY USES;
ADDING A NEW SECTION, MERIDIAN CITY CODE SECTION 3-4-5, REGARDING
STANDARDS FOR SPECIAL EVENTS; ADDING A NEW SECTION, MERIDIAN CITY
CODE SECTION 3-4-6, REGARDING STANDARDS FOR PROMOTIONAL SALES UNITS;
ADDING, A NEW SECTION, MERIDIAN CITY CODE SECTION 3-4-7, REGARDING
STANDARDS FOR TEMPORARY SALES UNITS; ADDING A NEW SECTION, MERIDIAN
CITY CODE SECTION 3-4-8, REGARDING STANDARDS FOR OUTDOOR MARKETS;
ADDING A NEW SECTION, MERIDIAN CITY CODE SECTION 3-4-9, REGARDING
STANDARDS FOR SUBDIVISION MODEL HOMES; ADDING A NEW SECTION,
MERIDIAN CITY CODE SECTION 3-4-10, REGARDING STANDARDS FOR SUBDIVISION
REAL ESTATE SALES OFFICES; ADDING A NEW SECTION, MERIDIAN CITY CODE
SECTION 3-4-111 REGARDING STANDARDS FOR GARAGE, YARD, AND SIMILAR
SALES; ADDING A NEW SECTION, MERIDIAN CITY CODE SECTION 34-1.2,
REGARDING STANDARDS FOR TEMPORARY CONSTRUCTION SITES; ADOPTING A
SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
'jD A L
" ` -" ,�t
0 OSI ,JE10 First Reading: 10
Adopted after first reading by suspension of the Rule
Cjty of as allowpd pursuant to Idaho Code § 50-902:
qty of ri ian EIDIANI-r— YES_ NO
Mayor and City Cou ail Q��;
�` C, EAL Second Reading.
By: C.Jay Coles, Cit dgrk Third Reading:
�q 'T
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 copy of the attached Ordinance no. 17- / -7
12�j
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 0%,W O/ 2017p
dj!�� �64
A
William L.M. Nary, C' Attorney V
UPDATES TO OUTDOOR SALES AND TEMPORARY USES CODE PAGE 23 OF 23
351462 1686456
1 MERIDIAN, CITY OF
33 E. BROADWAY AVENUE
MERIDIAN ID 83642
AFFIDAVIT OF PUBLICATION
STATE OF IDAHO )
)SS.
County of Ada )
Sharon Jessen
of Nampa, Canyon County, Idaho, being
first duly sworn, deposes and says:
1. That I am a citizen of the United States,
and at all times hereinafter mentioned
was over the age of eighteen years, and
not a party to the above entitled action.
2. That I am the Principle Clerk of the
Meridian Press, a weekly newspaper
published in the City of Meridian, in the
County of Ada, State of Idaho; that
the said newspaper is in general
circulation in the said County of
Ada, and in the vicinity of
Meridian, and has been
uninterruptedly published in said
County during a period of seventy-eight
consecutive weeks prior to the first
publication of this notice, a copy of
which is hereto attached.
3. That the notice, of which the annexed is
a printed copy, was published in said
newspaper 1 time(s) in the regular and
entire issue of said paper, and was
printed in the newspaper proper, and not
in a supplement.
That said notice was published the following:
10/27/2017
TATE OF IDAHO
County of Canyon)
tl
On this 27th day of October in the year of
2017 before me a Notary Public, personally appeared.
Sharon Jessen, known or identified
to me to be the person whose name is subscribed
to the within instrument, and being by me first
duly sworn, declared that the statements therein
are true, and acknowledge to me that he/she
executed th same
f
Notaryublic for Idaho
Residing at Canyon County ���
My Commission expires 06/28/2023
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