10-1464 City Code Amendment Outdoor Sales/Temporary UsesCITY OF MERIDIAN ORDINANCE NO. ~~0~
BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA
AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING MERIDIAN CITY CODE
SECTION 3-4-1, RELATING TO OUTDOOR SALES AND TEMPORARY USES
DEFINITIONS; AMENDING MERIDIAN CITY CODE SECTION 3-4-3(A)(6), RELATING
TO EXCEPTIONS TO LICENSING REQUIREMENTS FOR TEMPORARY USES;
AMENDING MERIDIAN CITY CODE SECTION 3-4-3(C)(8), RELATING TO GARAGE
SALES; ADDING A NEW SECTION, MERIDIAN CITY CODE SECTION 3-4-3(C)(9),
PROVIDING STANDARDS FOR TEMPORARY CONSTRUCTION SITES; PROVIDING
A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, by the adoption of Ordinance nos. 08-1354, 08-1371, 08-1356, 09-1430, and
10-1453, the City Council of the City of Meridian has instituted a procedure 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;
WHEREAS, the permitting procedure and standards have been found to 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; and
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 reinsert the definition of "temporary indoor event" and to add a definition of, and
standards for the operation of, a "temporary construction site";
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 3-4-1 is hereby amended to read as follows:
3-4-1: DEFINITIONS:
For purposes of this chapter, the following terms shall be defined as follows:
A. FIRST AMENDMENT ACTIVITY: Any and all expressive and associative activity that is
protected by the United States. and Idaho Constitutions, including speech, press, assembly,
and/or the right to petition.. 'his definition shall not include activity that damages, harms or
injures persons or property.
B. GARAGE SALE: The sale, offer for sale, offer for trade, offer free of charge, or display for the
purpose of selling, trading, or offering, of one (1) or more items of used or unwanted tangible
personal property, including, but not limited to: clothing, household effects, tools, toys,
recreation equipment, or other used or second-hand items customarily found in or about the
home; where such sale, trade, offer or any portion thereof occurs outdoors or where any goods
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OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 1 OF 9
offered for sale or trade are displayed outdoors; and such sale, trade, offer or any portion thereof
occurs at a residence or residential property. This definition shall include yard sales, basement
sales, attic sales, moving sales, tag sales, rummage sales, and other such sales known by terms
which are synonymous with the term GARAGE SALE. This definition shall not include, and this
section shall not apply to, sales specifically authorized by and conducted in conformity with
statute or judicial order or conducted under judicial supervision, including, but not limited to,
estate sales.
C. GOODS: Tangible personal property, products, produce, food, or merchandise sold, offered for
sale, offered for trade, offered free of charge, or displayed for the purpose of selling, trading, or
offering. This definition shall also apply to personal property, products, or merchandise that is
offered or displayed to be sold, traded, offered, or delivered at another time or location, or that
serves as a sample of that to be sold, traded, offered, or delivered at another time or location.
This definition shall not include fireworks.
D. MOBILE SALES UNIT:
1. A traveling, and/or door-to-door commercial or retail establishment, enterprise, facility,
and/or any agent or representative thereof, from which or whom, at which or whom, or
by which or whom goods and/or services are sold, traded, given away; offered for sale,
trade, or giveaway; displayed for the purpose of sale, trade, or giveaway; or delivered
pursuant to such sale, trade, or giveaway; and which or whom:
a. Does not remain within any 300-square-foot area for more than two (2) consecutive
hours within any twenty-four-hour (24-hour) period; and
b. Is neither located on the premises of, nor physically attached to, any permanent
proprietor, except when parking or stopping temporarily in order to conduct a sale,
trade, giveaway, offer, display, or delivery.
2. A MOBILE SALES UNIT may travel and/or consist of any form of conveyance or transport,
including, but not limited to, by foot, vehicle, trailer, cart, wheeled or other container, or
other form of offering, displaying, or storing goods and/or services.
3. This definition shall not include FIRST AMENDMENT ACTIVITY on public or private
property.
4. This definition shall not include the delivery of goods or services to a residence or place
of business pursuant to a sale, trade, giveaway, or order previously transacted or placed
with a commercial or retail establishment, enterprise, facility, and/or any agent or
representative thereof which is not traveling and/or door-to-door.
5. This definition shall not include an "insurance producer," as such term is defined by
Idaho Code, where such person holds a current, valid State of Idaho license for such
activity.
E. ORGANIZER: The person who coordinates. and/or promotes one ar more vendors, activities,
and/or venues in order to create or produce an Outdoor Market or Special Event, and/or the
applicant in whose name a City of Meridian Temporary Use Permit for an Outdoor Market or
Special Event is held.
F. OUTDOOR MARKET: The sale, offer for sale, offer for trade, offer free of charge, or display
by any person or persons for the purpose of selling, trading, or offering, of one (1) or more items
of produce, food items, arts, crafts, new or used tangible personal property; where such sale,
trade, offer or any portion thereof occurs:
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OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 2 OF 9
1. Outdoors or where any goods offered for sale or trade are displayed outdoors; and
2. On public property or on property accessible by the general public; and
3. Within 300 feet of any other person or persons selling, trading, or offering one (1) or
more items of produce, food items, arts, crafts, new or used tangible personal property.
This definition shall include outdoor farmer's markets, outdoor flea markets, and outdoor
arts, crafts, and/or hobby markets. This definition shall not include FIRST AMENDMENT
ACTIVITY on public or private property.
G. PERMANENT PROPRIETOR: The owner or occupant of real property at which such owner
or occupant conducts an approved conditional or principal permitted use as such uses are
defined in the Meridian Unified Development Code.
H. PROMOTIONAL SALES UNIT: An outdoor or open-air commercial or retail facility from or
at which goods and/or services are sold, traded, offered for sale or trade, or displayed for the
purpose of sale, trade, or giveaway; and which:
1. Remains within any 300-square-foot area for more than two consecutive hours within
any twenty-four hour period; and
2. Is located on the premises of, or physically attached to, a permanent proprietor; and is
operationally related or identical to such permanent proprietor.
A PROMOTIONAL SALES UNIT may consist of any tangible structure, including, but not
limited to, a stall, booth, tent, platform, box, table, rack, palate, trailer, cart, vehicle,
container, or other form of offering, displaying, or storing goods and/or services.
I. PROPERTY: Any tract of contiguous land held in single ownership.
J. SERVICES: Work or labor that is offered, sold, or undertaken in exchange for money, goods,
or services or that is offered or undertaken free of charge. This definition shall also include
work or labor that is to be offered, sold, or undertaken at another time or location, or that serves
as a sample or demonstration of work or labor to be offered, sold, or undertaken at another time
or location.
K. SPECIAL EVENT:
1. A planned or foreseeable commercial, recreational, or expressive activity or gathering of
persons which:
a. 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
b. Takes place, whether entirely or partially:
(1) On a street or sidewalk located within the City and will likely result in some or
total obstruction of such streets or sidewalks; or
(2) 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
(3) On or in any area open to the public.
2. SPECIAL EVENTS may include, but shall not be limited to:
a. Parade, procession, organized movement, or motorcade, consisting of persons,
vehicles, or a combination thereof;
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OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 3 OF 9
b. Public assembly, demonstration, march, meeting, parade, protest, rally, or vigil
which involves the expression of opinions or grievances of persons for a common
purpose;
c. Performance, presentation, ceremony, concert, or exhibit;
d. Athletic competition, race, or contest involving sports, games, or exercises; or
e. Community or neighborhood celebration, gathering, or block party.
3. The definition of SPECIAL EVENT shall not include:
a. 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;
b. 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 above that which the City
routinely provides, nor compromises the ability of the City to respond to a public
safety emergency;
c. Funeral processions; or
d. Programmed activities provided or managed by the City.
L. SUBDIVISION MODEL HOME: A dwelling which serves as an exhibit or example of
dwellings constructed or to be constructed within the subdivision in which such model home is
located. Where a dwelling is both a SUBDIVISION MODEL HOME and a SUBDIVISION REAL ESTATE
SALES OFFICE, the definition of SUBDNISION MODEL HOME shall apply.
M. SUBDIVISION REAL ESTATE SALES OFFICE: A structure from which lots and/or
dwellings are sold, rented, or offered for sale or rent, where such structure is located in the
subdivision containing such real estate. Where a structure is both a SUBDIVISION MODEL HOME
and a SUBDIVISION REAL ESTATE SALES OFFICE, the definition of SUBDIVISION MODEL HOME shall
apply.
N. TEMPORARY CONSTRUCTION SITE: Activities and uses associated with and incidental
to the construction or improvement of a subdivision, structure, road, or parking lot• incidental
excavation and roadwork activities; and/or utility installation. This definition shall not include
construction sand and gravel mining as defined in title 11 of this code and/or sale of extracted
materials at the extraction site or any other location, nor shall this definition include real estate
sales offices or model homes as set forth in this chapter.
O. 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 anc~/r'or
approved accessory use(s).
l~P. TEMPORARY SALES UNIT: An outdoor or open-air commercial or retail establishment,
enterprise, or facility from or at which goods and/or services are sold, traded, offered for sale or
trade, or displayed for the purpose of sale, trade, or giveaway; and which:
1. Remains within any 300-square-foot area for more than two consecutive hours within
any twenty-four hour period; and
2. Is not located on the premises of, nor physically attached to, any permanent proprietor.
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OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 4 OF 9
A TEMPORARY SALES UNIT may consist of any tangible structure, including, but not limited
to, a stall, booth, tent, platform, box, table, rack, palate, trailer, cart, vehicle, container, or
other form of offering, displaying, or storing goods and/or services. This definition shall not
include the sale of fireworks.
~(~. TEMPORARY SIGN: A sign, and/or any device, fixture, placard, or structure which:
1. Uses any color, form, graphic, illumination, symbol, or writing to identify, promote,
advertise, or direct patrons to a TEMPORARY USE; and
2. Is not permanently mounted or secured.
This definition shall be limited in its application to TEMPORARY SIGNS regarding TEMPORARY
USES as defined in and regulated by this chapter, and shall not apply to signs defined in and
regulated by other provisions of City Code, including, but not limited to, temporary and/or
permanent signs regulated by the Meridian Unified Development Code.
~-R. TEMPORARY USE: The carrying on, for a determinate and transitory period of time, a use
of, at, or upon real property, including, but not limited to, the sale, trade, offer, delivery, or
display of goods or services, where such use is not the approved conditional or principal
permitted use designated for such real property as defined and regulated by the Meridian
Unified Development Code. TEMPORARY usES shall include, but shall not be limited to,
SUBDIVISION MODEL HOMES, SUBDIVISION REAL ESTATE SALES OFFICES, PROMOTIONAL SALES
UNITS, TEMPORARY SALES UNITS, SPECIAL EVENTS, OUTDOOR MARKETS, TEMPORARY
CONSTRUCTION SITES, and GARAGE SALES. The definition of TEMPORARY USE shall not include
City management and/or permitting of City facilities or usages otherwise governed by City
ordinance or policy. Any TEMPORARY UsE established or operated within a park or facility
operated by the City of Meridian Parks and Recreation Department shall be deemed to be either
a SPECIAL EVENT or OUTDOOR MARKET.
Section 2. That Meridian City Code section 3-4-3(A)(6) is hereby amended to read as
follows:
3-4-3: TEMPORARY USES:
A. License and/or permit requirements: 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:
***
6. A city of Meridian temporary use permit, except that a city of Meridian temporary use
permit shall not be required for the following activities, prodded 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.
Section 3. That Meridian City Code section 3-4-3(C)(8) is hereby amended to read as
follows:
8. Standards for GARAGE, YAitn AND SIMILAR SALES.
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a. GARAGE SALE operators shall comply with all provisions and standards of this
chanter and any and all ap hp 'cable provisions of law except that a City of Meridian
Temnorary Use Permit shall not be required and the provisions of Meridian Cif
Code sections 3-4-3(B~1-6 shall not apply
gib. It shall be unlawful for any person to conduct a garage sale at any one (1) address:
(1) At which four (4) or more garage sales have been conducted by any person
within the preceding three hundred sixty-five (365) days.
(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 10:00 p.m. and 6:00 a.m.
1}c. Persons conducting garage sales shall comply with all provisions of this chapter and
any and all applicable provisions of law.
Ed. 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.
Any person claiming exemption under subsections (a) or (b) of this section shall bear
the burden of proving that such exception applies.
d-e. GARAGE sALES held by or for the benefit of charitable or non-profit organizations
shall not be exempt from the provisions of this chapter.
~f. It shall be unlawful far any person to conduct a garage sale in any manner which
creates a hazard to public health or safety.
~~ 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 (1) 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
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OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 6 OF 9
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 (1)
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.
Section 4. That a new section, section 3-4-3(C)(9), shall be added to Meridian City Code,
which new section shall read as follows:
9. Standards for TEMPORARY CONSTRUCTION SITES:
a. TEMPORARY CONSTRUCTION SITE property owners shall comply with 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 sections 3-4-3(B~(1-6) shall not apply.
b. It shall be unlawful for andperson 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~ermik..
d. It shall be unlawful for andperson to store materials and/or equipment on a TEMPORARY
CONSTRUCTION SITE that that are not directly associated with a valid plat, certificate of
zoning compliance, and/or building_permit.
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OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 7 OF 9
e. It shall be unlawful for anYperson 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 anyperson to operate a TEMPORARY CONSTRUCTION SITE in anX
manner which creates a hazard to public health or safe
g. 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.
h. Persons operating a TEMPORARY CONSTRUCTION SITE shall accomplish such activit,
time frame appropriate to the size and/or area of the development as determined b.~he
planning director. 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.
i. The provisions of Meridian City Code section 11-3D-7 shall apply to any and all suns
on the TEMPORARY CONSTRUCTION SITE.
Section 5. That all ordinances, resolutions, orders, or parts thereof or in conflict with this
ordinance are hereby voided.
Section 6. That this ordinance shall be effective immediately upon its passage and
publication.
PASSED by the City Council of the City of Meridian, Idaho, this ~ day of November,
2010.
APPROVED by the Mayor of the City of Meridian, Idaho, this J day of November,
2010.
APPROVED:
All ~~i . ~7l~//~- ~-~
`~~~ G~~ ~oRq ~~ rif~y i ~. eerd
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ATTEST: SEAL
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P .~~
Jay a Hol n ~"'~., ~'Ot~~TY . ~~ ~~~
City Clerk ~ ~''~~~
NOVEMBER 2010 UPDATE
OUTDOOR SALES AND TEMPORARY USES ORDINANCE
~~/~~~
PAGE 8 OF 9
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO LC. § 50-901(A)
CITY OF MERIDIAN ORDINANCE NO. 10-~~
AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING MERIDIAN CITY CODE
SECTION 3-4-1, RELATING TO OUTDOOR SALES AND TEMPORARY USES
DEFINITIONS; AMENDING MERIDIAN CITY CODE SECTION 3-4-3(A)(6), RELATING
TO EXCEPTIONS TO LICENSING REQUIREMENTS FOR TEMPORARY USES;
AMENDING MERIDIAN CITY CODE SECTION 3-4-3(C)(8), RELATING TO GARAGE
SALES; ADDING A NEW SECTION, MERIDIAN CITY CODE SECTION 3-4-3(C)(9),
PROVIDING STANDARDS FOR TEMPORARY CONSTRUCTION SITES; PROVIDING
A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
The full text of this ardinance.is bye for inspection at City Hall, City of Meridian, 33 East
Broadway, Meridian, Id ~~i~' oi~illan~'e shall become effective upon its passage and
publication. '~ ~~; , ;,
~~ j
~I~ nA I'~f~./.l~ ~ _
Cify o~Gle~idian~ 1'` ~~=
~.
Mayor and City Coun '~~a `~~ ~~^ ~ ~~ ~"
By: Jaycee Holman, Ci ~ ~~r~lc ~
T f,~ r'
First Reading: ~~_'iic7J
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. 10-
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. 10- 1~ 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 ~°~ ~'`' ~'`^~ , 2010.
~-
William. L.M. Nary
City Attorney
NOVEMBER 2010 UPDATE
OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 9 OF 9