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12-1528 City Code City Core StreetscapesCITY OF MERIDIAN ORDINANCE NO. ~2,- X52 S BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING AND REPLACING TITLE 8, CHAPTER 1, MERIDIAN CITY CODE, CITY CORE STREETSCAPE ORDINANCE: DEFINITIONS, REQUIREMENTS FOR ALL ENCROACHMENTS IN THE CITY CORE STREETSCAPE, REQUIREMENTS FOR ENCROACHMENTS IN THE USE ZONE, REQUIREMENTS FOR ENCROACHMENTS IN THE STREET FURNISHING ZONE, PENALTIES AND ENFORCEMENT, AND SEVERABILITY; REPEALING TITLE 8, CHAPTERS 3, 4, AND 5 MERIDIAN CITY CODE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Cowicil of the City of Meridian finds that the placement of encroaclmlents on sidewalks in the greater downtown area should contribute to the appeal, marketability, and overall character of downtown Meridian, and should be of benefit to business owners, their parions, and the general public; WHEREAS, on August 7, 2012, the Ada CoLUity Highway District ("ACHD"), which has jurisdiction over sidewalks, entered into a license agreement with the City of Meridian for the regulation and maintenance of sidewalk facilities in the in the downtown Meridian City Core; WHEREAS, the limited nature of the City's regulatory authority under this license agreement allows the City to permit, sublicense, and establish standards for the placement of streetscape encroachments in the downtown Meridian City Core, which permits or sublicenses may be revoked by City or ACHD pursuant to the provisions of this ordinance or the ACHD-City License Agreement; in other words, the City may not convey any entitlement to the placement of such encroachments; and WHEREAS, in accordance with the terms and provisions of its license agreement with ACHD, the City seeks by this ordinance to protect and promote the health and safety of the public and promote the charm, character, and unique atmosphere of downtown Meridian by regulating the size, placement, operation, and maintenance of movable and nonanovable structures and objects upon the sidewalks in the greater downtown Meridian area; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section I. That Title 8, Chapter 1, Meridian City Code is hereby repealed and replaced with the following language: CHAPTER 1: CITY CORE STREETSCAPE ORDINANCE 8-1-1: DEFINITIONS: As used in this chapter, the following definitions shall apply: CITY CORE STRaH•rSCnEL O12llINANCE PAGE 1 OF 16 AmENt'rv: Non-permanent encroachment placed within the streetscape (e.g., chairs, tables, umbrellas, planters). CCTV CoxE: The area of Meridian, Idaho bordered on the north by E. Carlton Avenue, on the south by E. Ada Street, on the west by N. Meridian Road, and on the east by N. East Third Street. See Figure 02. CLEAR ZONE: The area of the Use Zone to be fi•ee of encroachments or obstructions, typically five feet (5') wide. See Figure O1. DIRECTOR: The Director of the City of Meridian Community Development Department or an authorized representative. ENCROACHMENT: Object placed within the streetscape. FrxsT AMENDMENT AcTrvrTV: 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. This definition shall not include activity that damages, harms, or injm•es persons or property. LIMITED DURATION SIGN: See definition set forth in Meridian Unified Development Code section 11-1A-1. PORTABLE SIGN: See definition set forth in Meridian Unified Development Code section I 1-IA-I. PROJECTING SIGN: See definition set forth in Meridian Unified Development Code section 11-1A- STREET FURNISHING ZONE: The area of the streetscape along the curb, typically eight feet (8') wide and containing streetscape improvements. See Figure O1. STBEETSCAeE IMPaovErvtENT: Permanent eneroaclmrent placed within the Street Furnishing Zone (e.g., street lights, sheet trees, tree grates, pavers, permanent bicycle racks). STREETSCAPE: In the City Core, that portion ofright-of--way adjacent to the roadway, between the back of curb and face of building, including Use Zone, Clear Zone, and Sheet Furnishing Zone. See Figure O1. UsE ZONE: The area of the streetscape between face of building and Street Furnishing Zone. CCCY CORE SrRIiETSCAI'E ORDINANCE PAGE 2 OP 16 Figure Ol: STR~ETSCAPE L PropeHy Line (typical) n ~. !~ r S ____________` _ S ~~~\ .~" No}e: An awning or canopy may require a building permit. Minimum T verticctl clearance required for overhead building improvements or amenifles in the use zane. Public ROW Curb Varies , 5' typ. 8' Street Amenity Examples: n Outdoor dining „ Tables „ Planters n Chairs Clear Zone ~ This urea is required to be kept clear for pedesfrlan use Street Furnishing Zone _ Streetscape Improvement examples » Street trees » Lights » Permanent Benches CITY CORD S"FREETSCAPE ORDINANCE PAGE 3 OF 16 Figure 02: CITY CORE CITY COIZL' S'I'REETSCAPE ORDINANCE PAGE 4 OF 16 8-I-2: REQUIREMENTS FOR ALL ENCROACHMENTS IN THE CITY CORE STREETSCAPE: The following provisions shall apply to all encroachrments and uses of the Streetscape in the City Core: A. Compliance with City of Meridian Improvement Standards. It shall be unlawful for any person placing encroachments on any portion of the City Core Streetscape to violate or fail to comply with any applicable standard set forth in the City of Meridian Improvement Standards. B. Compliance with City Code. It shall be unlawful for any person placing encroachments on any portion of the City Core Streetscape to violate or fail to comply with any applicable standard set forth in Meridian City Code, including, but not limited to: Title 4, Chapter 3 (Outdoor Sales and Temporary Uses), Title 10 (Building and Fue codes), Title 11 (Unified Development Code), and this chapter. C. Clear Zone. A linear pedestrian clear zone shall be maintained on the Streetscape at all times. Owners of property adjacent to the Streetscape shall be responsible for ensuring that the Clear Zone is at least five feet (5') wide, uninterrupted, generally parallel to the roadway, and free of obstructions. It shall be unlawful for any person placing encroachments on any portion of the City Core Streetscape to fail to provide a Clear Zone as required by this subsection, except that where site conditions are such that full compliance with this section is impossible or impractical, the property owner may propose alternative compliance in accordance with the relevant procedures set forth in Meridian Unified Development Code section 11-SB-5. D. Safety. All encroachments in the Streetscape shall be safe and in good repair. It shall be unlawful to place encroachments on any portion of the City Core Streetscape or to fail to keep the Use Zone and Clear Zone clean and free of litter and debris. >;ncroachments shall not be comprised of or include a color or texture that does or may adversely impact pedestrians or drivers, or that otherwise creates a hazard. 8-1-3: REQUIREMENTS FOR ENCROACHMENTS IN THE USE ZONE: A. Required licenses, permits. It shall be unlawful for any person to place an encroachment, or allow an encroachment to be placed, in the Use Zone withorrt each and all ofthe following: 1. A City of Meridian Use Zone >;ncroachment Permit, where required. 2. Any and all applicable licenses, permits, certifications, and/or approvals requhed to lawfully sell or serve beer, wine, and/or liquor in the Use Zone. 3. Any and all licenses, permits, and/or certifications regrured by the Cent~•al District Health Department. 4. Any and all licenses, permits, and/or certifications required by Title 10 of this Code. CITY CORE STREETSCAPE ORDINANCE PAGE 5 OP 16 5. Any and all licenses, permits, and/or certifications required by Title 11 of this Code, including, without limitation, sign permits. 6. Any and all other licenses, permits, and/or certifications required by local, state, or federal law. B. City of Meridian Use Zone Encroachment Permit. Application. Application for a City of Meridian Use Zone Encroacluncnt Permit shall be made to the Director. Such application may be made only by the person owning or renting the property directly adjacent to the Use Zone on which the proposed encroachments are to be placed. Such application shall include: a. A completed application on the form provided by the Planning Division; b. Detailed site plan including locations of all existing and proposed encroachments; c. Photographs or illustrations showing all proposed eneroaclmients; d. Proof of written notice to abutting property owners; e. Application fee as set forth in the fee schedule of the Planning Division; f. Affidavit of Legal Interest in the property abutting the Use Zone where the proposed encroachments are to be placed; g. Proof of an insurance policy with minimum limits of $500,000.00 per person bodily injury, $500,000.00 per occurrence bodily injury, and $100,000.00 per occurrence property damage, naming the City as additional insured; and h. Other application materials as may be reasonably required by the Planning Director. 2. Issuance or denial of application. Within five (5) working days following receipt of all application materials required by this section, the Director shall either issue a Use Zone Encroachment Permit to the applicant or deny the application. Where a Use Zone Encroachment Permit is denied, the Director shall notify the applicant of such denial in writing, which shall include notice of the right to City Council review of such decision as set forth in this section. Written notice of the denial shall be sent via U.S. mail. 3. Grounds for denial. The Director shall deny au application for a Use Zone Encroaclunent Permit where: a. The application is incomplete or required application materials or fees have not been submitted; b. Evaluation of the application or application materials reveals that provided information is invalid, false, or incomplete; or c. The proposed encroachment will not be placed in the Use Zone in accordance with all applicable standards and provisions of law. CnY CORE STRF,EI:SCAYG ORDINANCE PAGF, 6 OP 16 4. Review of denial. City Council review of the Director's issuance or denial of a Use Zone Encroachment Permit may be requested by the applicant, or by the owner of property adjacent to the Use Zone where the proposed encroachments are to be placed, within fourteen (14) days of such issuance or denial. Such request shall be made in writing, shall state the reasons for such request, and shall be delivered to the City Clerk via U.S. mail or in person. Upon receipt of such request, the City Clerk shall schedule a public hearing on the request at a City Council meeting within thirty (30) days. The City Council's decision shall be a final decision. 5. Provisions of Permit. The Use Zone Encroachment Permit shall include: a. The names of the permit holder permitted to place encroachment(s) in the Use Zone under such Use Zone Bncroachment Permit; b. The times, dates, places, and manner by which the encroachment(s) may be placed in the Use Zone under such Use Zone Encroachment Permit; c. A description of the encroachment(s) that may be placed in the Use Zone under such Use Zone Eneroaclunent Permit; and d. Any and all other conditions of placement or maintenance of the encroachment(s) placed in the Use Zone under such Use Zone Encroachment Permit that are necessary to protect the public health, safety, and welfare, and to mitigate effects on surrounding property. 6. Term of Permit. The Use Zone Encroachment Permit shall be valid for a period of one (1) year from date of issuance, and may be renewed by the process for application therefor as set forth herein. Upon expiration of the Use Zone Encroaclunent Permit, all encroachments shall be removed. Revocation of Permit. In addition to any and all other applicable civil or criminal penalties, the Director may revoke a Use Zone Encroachment Permit where, following written notice to the permit holder and reasonable opportunity to cure: a. Any term or condition of the permit or any provision of law is violated; b. It is found, after issuance, that it was issued pursuant to falsified, inaccurate, or incomplete information on the application therefor; c. The encroachment, its placement, or any component thereof varies materially from the approved site plan or other representation in the application. The Director shall notify the permit holder of such revocation in writing, and shall mail such notice to the permit holder at the mailing address set forth in the Use Zone Encroachment Permit application. Such revocation shall be effective immediately upon mailing to the permit holder. Review of revocation. City Council review of the Director's revocation of a Use Zone Eneroaclnnent Permit may be requested by the Use Zone Encroachment Permit holder within fourteen (14) days of such revocation. Such request shall be made in writing, shall state the reasons for such request, and shall be delivered to the City Clerk via U.S. mail or iu person. Upon receipt of such request, the City Cleric shall schedule a public hearing on the request at a City Council meeting within thirty (30) days. The City Council's decision shall be a final decision. Crl'Y C02E STRF,RTSCAYL OIiDWANCH PAGE 7 OF 16 9. Nontransferrable. Use Zone Encroachment Permits shall be nontransferable as to holder, location or arrangement of encroachments, or allowed amenities. Changes of holder, location or arrangement of encroaclunents, or amenities shall require a new Use Zone Encroachment Permit. 10. Limited scope. A Use Zone Encroachment Permit shall not convey or imply permissions beyond the scope of the encroachment(s) allowed therewrder. Separate regulation and/or permitting requirements shall apply to service of alcoholic beverages, signs, temporary uses, changes in use, and sU•uctural or other improvements to buildings adjacent to the streetscape. 11. Compliance with Permit. It shall be unlawful for any Use Zone Encroachment Permit holder to violate or fail to comply with any term, condition, or standard set forth in such City of Meridian Use Zone Encroaclunent Permit. C. General Use Zone Standards. The following standards shall apply to encroachments in the Use Zone, and/or to the placement thereof: Amenities movable. All amenities placed in the Use Zone shall benon-permanent, movable, and free standing. Except as otherwise specifically set forth in this chapter, amenities may not be secured or fastened to sh•eetscape improvements, buildings, or the sidewalk. It shall be unlawful fm' any person to permanently attach or affix any amenity in the Use Zone. 2. Barrier; where required. The sale or service of beer, wine, and/or liquor in the Streetscape shall occur only within a barrier delineating the alcohol service area as allowed under the establislunent's applicable licenses, permits, certifications, and/m• approvals required to lawfully sell or serve beer, wine, and/or liquor in the Use Zone. Barriers are allowed, though they shall not be required, for outdoor dining areas where alcohol is not served. All barriers must meet the standards for such amenities as set forth in this chapter. 3. Maintenance. Owners of property abutting the Use Zone shall maintain the Use Zone in a clean condition flee of litter and debris. 4. Encroachment into Clear, Street Furnishing Zones. No portion of any encroachment in the Use Zone shall impede or encroach into the Clear Zone or Street Furnishing Zone. Prohibited if not enumerated. Amenities not enumerated in or not meeting the standards set forth in tlris section shall be prohibited in the Use Zone. D. Use Zone amenities allowed with Encroachment Permit. The following amenities may be allowed in the Use Zone under a valid City of Meridian Use Zone Encroachment Permit and subject to all applicable standards as set forth herein: 1. Chairs, benches, seating, and tables, including those which incorporate umbrellas. 2. Planters or other container landscaping which meet all of the following standards: a. Containers shall not exceed thirty-six inches (36") in width or length. CPPY CORN STRFP.TSCAPL ORDINANCH PAGL 8 OP 16 b. Between June 1 and October 31, containers shall be planted with living or artificial plants, and shall not be empty or filled with bare soil or mulch. c. Containers maybe incorporated into barriers at section breaks. d. Containers shall not contain weeds or litter. e. Containers may be attached to a building with property owner permission. Barriers that are used to delineate outdoor dining areas or alcohol service areas, so long as such barriers meet all of the following standards: a. Barriers shall be comprised of black, wrought iron, sectional fencing, between thirty-six and forty-eight inches (36-48") in height. b. Barriers shall accommodate access by disabled persons as required by law. c. Barriers shall not impede, or encroach into the path of, any points of building ingress or egress. d. Nontenninal section breaks of barriers shall be connected, unless incorporating planters or other container landscaping as set forth above. 4. Heating or cooling appliances as allowed by Title 10, Meridian City Code. 5. Bicycle racks. 6. Supplemental lighting which meets all of the following standards: a. All supplemental lighting shall be full cut off and shielded, except for string lighting. b. Supplemental lighting shall be turned off during non-business hours. e. Supplemental lighting shall meet all outdoor lighting standards as set forth in Meridian City Code section 11-3A-11, except that white string lighting shall be exempt from the forty-day duration limitation. 7. Newspaper boxes. E. Use Zone amenities allowed without Encroachment Permit. The following amenities may be allowed in the Use Zone without a City of Meridian Use Zone Encroachment Permit: 1. Encroachments specifically allowed in the Use Zone under a City of Meridian Temporary Use Permit for a Promotional Sales Unit pursuant to Title 3, Chapter 4, Meridian City Code. 2. Encroachments specifically allowed in the Use Zone under a City of Meridian Temporary Use Permit for a Special Event pursuant to Title 3, Chapter 4, Meridian City Code. Encroachments specifically allowed in the Use Zone under a City of Meridian Temporary Use Permit for an Outdoor Market pursuant to Title 3, Chapter 4, Meridian City Cade. 4. First Amendment Activity, as defined by Title 3, Chapter 4, Meridian City Code, subject to reasonable restrictions on the time, place, or manner thereof. 5. Projecting signs, as defined by Meridian Unified Development Code section 11-1A-1, and pursuant to a valid sign permit and all standards therefor as set forth in Meridian Unified Development Code sections ll-3D-8(A)(5) and (17). CI"CY CORE STREETSCAPE ORDINANCE PAGF. 9 OP 16 6. Portable signs, as defined by Meridian Unified Development Code section 11-1A-1, and pursuant to a valid sign permit and all standards therefor as set forth in Meridian Unified Development Code section 11-3D-8(A)(1~. 7. Awnings and balconies attached to a building, as allowed and permitted by all applicable provisions of Titles 10 and 11, Meridian City Code. F. Prohibited encroachments. It shall be unlawful for any person to place or allow the placement of prohibited encroaclunents in the Use Zone. Encroachments prohibited in the Use Zone shall include: 1. Receptacles for solid waste or recyclables, automated teller machines (ATMs), vending machines, generators, decorative rugs or ground coverings unrelated to safety, platforms, decks, grills, cooking appliances or stations, bars, shelves, serving stations, storage containers, equipment, supplies, or products. 2. Any eneroaclunent which impedes the required vision h~iangle as set forth in the Meridian Unified Development Code, City of Meridian Improvement Standards, or Ada County Highway District policy. 3. Any encroachment which creates a safety hazard. 4. Mobile sales units. 5. Limited duration signs, as defined by Meridian Unifed Development Code section 11-1A-1. 6. Encroachments not enumerated in or not meeting the standards set forth in this chapter or other provisions of law. 8-I-4: REQUIREMENTS FOR ENCROACHMENTS IN THE STREET FURNISHING ZONE: A. Required licenses, permits. It shall be unlawful for any person to place an encroachment or allow an encroachment to be placed in the Street Furnishing Zone without each and all of the following: ] . A City of Meridian SCreetseape Sublicense, where required. 2. Any and all other licenses, permits, and/or certifications required by local, state, or federal law. B. City of Meridian Streetscape Sublicense. Application. Application for a City of Meridian Sh•eetseape Sublicense for placement of encroaclnnents in the Street Furlushing Zone shall be made to the Director. Such application may be made by any person. Such application shall include: CITY CORE SPREETSCAPE ORDINANCE PAGE 10 OF 16 a. A detailed written narrative describing the proposed encroaclunent to be placed in the Sheet Furnishing Zone; b. Detailed site plan including location of the proposed encroachment and all nearby existing Streetscape Improvements; c. Photographs or illustrations showing all proposed encroaelunents; d. Proof of written notice to abutting property owners; e. Processing fee as set forth in the fee schedule of the Planning Division; f. Proof of an insurance policy with minimum limits as maybe required by City or ACRD; and g. Other materials as may be reasonably required by the Director or City Attorney's Office. 2. Approval or denial of application. The Director shall forward the application for a City of Meridian Streetscape Sublicense to the City Attorney's Office. Within thirty (30) working days following receipt of all application materials required by this section, the City Attorney's Office shall either propose a draft Streetscape Sublicense to the applicant for negotiation and execution, or deny the application. Where an application for a Streetscape Sublicense is denied, the City Attorney's Office shall notify the applicant of such denial in writing, which shall include notice of the right to request City Council review of such decision as set forth in this section. Written notice of the denial shall be sent via U.S. mail. 3. Grounds fm• denial. The City Attorney's Office shall deny an application for a Sheetscape Sublicense where: a. Required materials or fees have not been submitted; b. Evaluation of the submitted application m• materials reveals that provided information is invalid, false, or incomplete; or c. The proposed eneroachrnent will not be placed in the Street Furnishing Zone in accordance with all applicable standards and provisions of law. 4. City Council review. City Council review of the City Attorney's Office issuance or denial of a Streetscape Sublicense may be requested by the applicant, or by the owner of property adjacent to the Sheet Funushing Zone where the proposed encroaclunent is to be placed, within fourteen (14) days of such issuance or denial. Such request shall be made in writing, shall state the reasons for such request, and shall be delivered to the City Clerk via U.S. mail or in person. Upon receipt of such request, the City Clerlc shall schedule a public hearing on the request at a City Council meeting within thirty (30) days. The City Council's decision shall be a final decision. 5. Provisions of Sublicense. The Streetscape Sublicense shall include, without limitation: a. The name of the sublicensee authorized to place encroachment(s) in the Sheet Furnishing Zone under such Streetscape Sublicense; b. The times, dates, places, and mamrer by which the eneroaclunent(s) may be placed in the Street Furnishing Zone under such Streetscape Sublicense; c. A description of the encroaclunent(s) that may be placed in the Street Furnishing Zone under such Streetscape Sublicense; and CITY CORE STREBTSCAPB ORDINANCE PAGE I ] OF 16 d. Any and all other conditions of placement, ownership, or maintenance of the encroachment(s) placed in the Street Furnishing Zone under such Streetscape Sublicense that are necessary to protect the public health, safety, and welfare, and to mitigate effects on surrounding property. 6. Dedication. The Streetscape Sublicense may include a dedication of any streetscape improvements placed in the Street Furnishing Zone to the right-of--way authority. Unless otherwise set forth in the Streetscape Sublicense or operation of other law, any streetscape improvement placed in the Street Furnishing Zone shall become the property of the right-of- way authority. 7. Termination of Sublicense. In addition to auy and all other applicable civil or criminal penalties, the Meridian City Council may terminate a Streetscape Sublicense where: a. Any term or condition of the Sublicense or any standard or provision of law is violated; b. It is found, after issuance, that it was issued pursuant to falsified, inaccurate, or incomplete information on the application therefor; e. The encroachment, its placement, or any component thereof varies materially from the agreed-upon site plan or other representation. Following termination, the City Attorney's Office shall notify the sublicensee of such termination in writing, and shall mail such notice to the sublicensee at the mailing address set forth in the application. Such revocation shall be effective immediately upon mailing to the sublicensee. Limited scope. A Sh~eetscape Sublicense shall not convey or imply permissions beyond the scope thereof. Separate regulation and/or permitting requirements shall apply to signs, temporary uses, mobile sales units, changes in use, and structural or other improvements to buildings adjacent to the streetscape. 9. Nontransferrable. Streetscape Sublicense shall be nontransferable as to sublicensee, location or arrangement of encroaclunents, or allowed encroachments. C. General Standards. The following standards shall apply to any and all encroachments in the Street Furnishing Zone, and/or to the placement thereof: Compliance with Sublicense. It shall be unlawful for any sublicensee to violate or fail to comply with any term, condition, or standard set forth in a City of Meridian Streetscape Sublicense, where required. 2. Compliance with City of Meridian Improvement Standards. It shall be unlawfiil for any City of Meridian Streetscape Sublicensee to violate or fail to comply with any applicable standard set forth in the City of Meridian Improvement Standards. 3. Attaching to streetscape. Encroachments may be secured or fastened to other streetscape improvements or the sidewalk only pursuant to the specific terms and conditions of a duly issued Streetscape Sublicense. It shall be unlawful for any person to permanently attach or affix any encroachment in the Street Furnishing Zone except as specif cally allowed by a duly issued Streetscape Sublicense. CITY CORF. STREB•PSCAI'E ORDINANCE PAGL' 12 OP 16 4. Prohibited if not enumerated. Encroachments not enumerated in or not meeting the standards set forth in this section shall be prohibited in the Street Furnishing Zone. D. Street Furnishing Zone Encroachments allowed with a Sublicense. The following encroachments may be allowed in the Street Furnishing Zone under a Streetscape Sublicense and pursuant to the standards therefor as set forth in the City of Meridian Improvement Standards or other provisions of law: 1. Permanent Streetscape improvements. 2. Newspaper boxes. 3. Delivery service drop boxes. 4. Mobile sales units. 5. Awnings and balconies attached to a building, as allowed and permitted by all applicable provisions of Titles 10 and 11, Meridian City Code. E. Street Furnishing Zone Encroachments allowed without a Sublicense. The following encroachments may be allowed in the Street Furnishing Zone without a Streetscape Sublicense and pursuant to other applicable provisions of law: Encroachments specifically allowed in the Sheet Furnishing Zone under a City of Meridian Temporary Use Permit for a Special Event pursuant to Title 3, Chapter 4, Meridian City Code. 2. Encroachments specifically allowed in the Street Furnishing Zone under a City of Meridian Temporary Use Permit for an Outdoor Market pursuant to Title 3, Chapter 4, Meridian City Code. 3. First Amendment activity as defined by Title 3, Chapter 4, Meridian City Code, subject to reasonable reshictions on the time, place, or manner thereof. 4. Publicly-owned art. 5. Portable signs, as defined by Meridian Unified Development Code section 11-1A-1, and pursuant to a valid sign permit and all standards therefor as set forth in Meridian Unified Development Code section 11-3D-8(A)(16). 6. Projecting signs, as defined by Meridian Unified Development Code section 11-IA-1, and pursuant to a valid sign permit and all standards therefor as set forth in Meridian Unified Development Code sections ] 1-3D-8(A)(5) and (17). CITY CORE STRFF.TSCAFE ORDMANCL; PAGE 13 OF 16 F. Prohibited encroachments. It shall be unlawful for any person to place or allow the placement of prohibited eneroaclunents in the Street Furnishing Zone. The following encroachments shall be specifically prohibited in the Sheet Furnishing Zone: 1. Non-permanent amenities. 2. Any encroaclunent which impedes the required vision Mangle as set forth in the Meridian Unified Development Code, City of Meridian Improvement Standards, or Ada County Highway District policy. 3. Any encroachment which creates a safety hazard. 4. Temporary Uses other than duly permitted special events or outdoor markets. 5. Limited duration signs, as defined by Meridian Unified Development Code section 11-1A-1. Encroachments not enumerated in or not meeting the standards set forth in this chapter or other provisions of law. 8-1-5: ENFORCEMENT; PENALTY: A. Enforcement. Peace officers and/or code enforcement officers shall be empowered to enforce the provisions of this chapter. An officer may call upon the services of the Community Development, Fire, Parks and Recreation, or other appropriate City departments to assist in the enforcement of the provisions this chapter. An officer may investigate any use or activity which he or she reasonably believes violates the provisions of this chapter. If an officer reasonably believes that a provision of this chapter 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 occun•ed. Such citation shall be served in accordance with the provisions of the Idaho Infiaction Rules, which are incorporated herein by this reference. The processes and penalties for abatable nuisances, set forth in Meridian City Code Title 4, Chapter 2, may also apply. B. Penalty. A violation of this chapter shall be an infraction punishable by a penalty of twenty dollars ($20). In addition to such penalty, any person violating, allowing, or causing any provision of this chapter shall be subject to arty and all other applicable administrative, criminal, and/or civil penalties, including, without limitation, revocation of a Use Zone Encroachment Permit or terrnination of a Sh•eetscape Furnishing Zone Sublicense. Each day upon which a violation of this chapter continues or occurs may be deemed a separate and distinct violation. 8-1-6: SEVERABILITY: If any provision, clause, sentence, or paragraph of this title or the application thereof to any person or circumstance shall be held to be invalid by a court of competent jurisdiction, then such provision or section shall be considered separately and apart fiom the remaining provisions or section of this chapter, which shall remain in full force and effect, and to this end, the provisions of this title are hereby declared to be severable. CITY CORE STREETSCAPE ORDNANCE PAGE ~ 4 OF 1 Fi Section 2. That Title 8, Chapter 3, Meridian City Code is hereby repealed. Section 3. That Title 8, Chapter 4, Meridian City Code is hereby repealed. Section 4. That Title 8, Chapter 5, Meridian City Code is hereby repealed. 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. .. `~" 1 ouncil of the Cit of Meridian Idaho this ~ da of PASSED by the C ty C y y ~C.~Ira~e,~. , 2012. . l f M ri lan Idaho this ~ da of APPROVED by the Mayor of the City o e d y ~ - , 2012. APPROVED: '~klfllf /f Taininy d eerd, Mayor ATTEST: 4©~~~~D A U~~S'?' G~4 l ~~ ~ ~ City of ~`' E IIJIA iDAtifl .~ ~~ ~~ v ~f the TR'E~5~ olman, City Clerk CITY CORE STREETSCAPE ORDINANCE PAGE 15 OF 16 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE N0. 12- /~ Z~ AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING AND REPLACING TITLE 8, CHAPTER 1, MERIDIAN CITY CODE, CITY CORE STREETSCAPE ORDINANCE: DEFINITIONS, REQUIREMENTS FOR ALL ENCROACHMENTS IN THE CITY CORE STREETSCAPE, REQUIREMENTS FOR ENCROACHMENTS IN THE USE ZONE, REQUIREMENTS FOR ENCROACHMENTS IN THE STREET FURNISHING ZONE, PENALTIES AND ENFORCEMENT, AND SEVERABILITY; REPEALING TITLE 8, CHAPTERS 3, 4, AND 5 MERIDIAN CITY CODE; 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 sh e effective upon its passage and ~o~~;~~~,r~ AUGtjs~r ublication. p o~` '~~ ~ I n ~~J °~ Ci~y'of Mian Mayor and City Council By: Jaycee Holman, City Clerk .-- City of DXAN~ it3QH0 J ~~ 5 __.._ ~~~r~ a~~ First Reading: ~ •o~s~' /,~. Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code § 50-902: YES NO Second Reading: j~ • Z -~ /~ Third Reading: /d , q • /~ STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 12- /S2~ 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. 12- 152 p 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 da of 0 ~ ~~ 2012. Y William. L.M. Nary, ity Attorney CITY CORE STREETSCAPE ORDINANCE PAGE 16 of 16