12-1506 City Code Outdoor Sales and Temporary UsesCITY OF MERIDIAN ORDINANCE NO. ~~jC7~~
BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA
AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING MERIDIAN CITY
CODE SECTION 3-4-3(C)(5)(c), RELATING TO TIME LIMITATIONS FOR
TEMPORARY SALES UNITS; AMENDING MERIDIAN CITY CODE SECTION
3-4-3(C)(7)(E), RELATING TO NUMBER OF SIGNS FOR OUTDOOR
MARKETS; AMENDING MERIDIAN CITY CODE SECTION 3-4-3(C)(8)(b)(1),
RELATING TO FREQUENCY OF GARAGE SALES; AMENDING MERIDIAN
CITY CODE SECTION 3-4-3(C)(9), RELATING TO LITTER AT
CONSTRUCTION SITES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, by the adoption of Ordinance nos. 08-1354, 08-1371, 08-1356, 09-
1430,10-1453, and 10-1464, 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;
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 length the allowed time period for temporary sales units and to
clarify the provisions establishing the allowed frequency of garage sales;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
Section 1. That Meridian City Code section 3-4-3(C)(5)(c) is hereby amended to
read as follows:
5. Standards For Temporary Sales Units:
~~~
c. For temporary sales units that stay on the site for the full duration of the use,
such uses shall be limited to a period of time not to exceed ~~~{~} ninety
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 shall
constitute one day for purposes of this subsection.
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OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 10F 5
Section 2. That Meridian City Code section 3-4-3(C)(7)(e) is hereby amended to
read as follows:
7. Standards For Outdoor Markets:
~~~
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 day
six 6 hours of the close of such outdoor market.
Section 3. That Meridian City Code section 3-4-3(C)(8)(b)(1) is hereby amended
to read as follows:
8. Standards For Garage, Yard And Similar Sales:
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 r°~° ' ~ +'~ ~~~~ ~'"+" ~' "° (? ~ `; ~ µ;'~: current
calendar ,Year.
(2) At which a garage sale has been conducted by any
previous thirty (30) days.
MAY 2012 UPDATE
OUTDOOR SALES AND TEMPORARY USES ORDINANCE
(3) For longer than three (3) consecutive days.
(4) Between the hours often o'clock (10:00) p.m. and six o'clock (6:00)
a.m.
Section 4. That Meridian City Code section 3-4-3(C)(9) is hereby amended to
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
subsections B 1 through B6 of this section 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 ri ht-of way except as specifically allowed by license or permit
issued by the right-of way agency.
h. Discarded materials, rubbish, and ag rbage generated at or carried onto a temporary
construction site shall be enclosed in a container meetin tg he requirements of Title 4,
Chapter 1, Meridian Cite.
~:i. Temporary construction site property owners shall incorporate all extracted
materials into the site design and/or development of the property and/or adjoining
MAY 2012 UPDATE
OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 3 OF S
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 activity in
a time frame appropriate to the size and/or area of the development as determined by
the 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.
~k. The provisions of section 11-3D-7 of this code shall apply to any and all signs on
the temporary construction site.
Section 5. 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
2012.
~~
APPROVED by the Mayor of the City of Meridian, Idaho, this day of
,2012.
APPROVED:
Tammy c~W~erd
4~04~~~ ~a~~srl
ATTEST: ~ ~. G° ,~
~ °~
- City of
E IDIAN~-
Ja cee H 1 an ~~"~ ~'~ SEA.
y
it Clerk ~~r °~
C y ~~af+ee TA~A~°~,w
MAY 2012 UPDATE
OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 4 OF 5
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.C. § 50-901(A)
CITY OF MERIDIAN ORDINANCE N0.12- ~
AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING MERIDIAN CITY
CODE SECTION 3-4-3(C)(5)(c), RELATING TO TIME LIMITATIONS FOR
TEMPORARY SALES UNITS; AMENDING MERIDIAN CITY CODE SECTION
3-4-3(C)(7)(E), RELATING TO NUMBER OF SIGNS FOR OUTDOOR
MARKETS; AMENDING MERIDIAN CITY CODE SECTION 3-4-3(C)(8)(b)(1),
RELATING TO FREQUENCY OF GARAGE SALES; AMENDING MERIDIAN
CITY CODE SECTION 3-4-3(C)(9), RELATING TO LITTER AT
CONSTRUCTION SITES; AND PROVIDING AN EFFECTIVE DATE.
The full text of this ordinance is available for inspection at City Hall, City of Meridian,
33 East Broadway, Meridian, Idaho. This ordinance shall become effective upon its
pass e and p lication. ,~~~ AvcUS~,
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i f idian ~~ ~ti ~iA~
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yo nd City Council
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By: Jaycee Holman, City Clerk ~~~ 5,~„AL ~,~
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First Reading: ---~ ~ 11 2 ~ 1 z
Adopted after first reading by suspension of the Rule as allowed pursuant to
Idaho Code § 50-902: YES NO
Second Reading: ~~a, I ~
Third Reading: ~ ~ ~
STATEMENT OF MERIDIAN CITY ATTORNEY AS TO
ADEQUACY OF SUMMARY OF ORDINANCE N0. 12-
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. l 2- ~ ~Jp Cv 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 § 5 0-901 A(3 }.
DATED this day of , 2012.
i
~~
William. L.M. Nary, City Attorney
MAY 2012 UPDATE
OUTDOOR SALES AND TEMPORARY USES ORDINANCE PAGE 5 OF 5