14-1610 City Code Updates to Outdoor and Temporary Uses CodeCITY OF MERIDIAN ORDINANCE NO.
BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA
AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 3-4-2(A)(5)(C),
EXTENDING THE TIME PERIOD FOR ISSUANCE OR DENIAL OF A MOBILE SALES
UNIT LICENSE; AMENDING MERIDIAN CITY CODE SECTION 3-4-2(A)(5)(D)(1),
AUTHORIZING THE CITY CLERK TO DENY INCOMPLETE MOBILE SALES UNIT
LICENSE APPLICATIONS WITHIN THIRTY DAYS OF RECEIPT; AMENDING
MERIDIAN CITY CODE SECTION 3-4-3(A)(6)(H), ALLOWING CITY CLERK TO
DESIGNATE PERSONNEL AUTHORIZE TO REVOKE TEMPORARY USE PERMITS AND
MAKING FAILURE TO OBTAIN REQUIRED STRUCTURAL, MECHANICAL,
ELECTRICAL, OR PLUMBING PERMITS OR INSPECTIONS GROUNDS FOR
REVOCATION; ADDING A NEW SECTION, MERIDIAN CITY CODE SECTION 3-4-
3(C)(6)(A)(5)(C), ALLOWING SPECIAL EVENTS ON NONRESIDENTIAL PROPERTIES IN
RESIDENTIAL DISTRICTS; AMENDING MERIDIAN CITY CODE SECTION 3-4-3(C)(3)(D)
TO EXTEND THE TIME LIMIT FOR PROMOTIONAL SALES IN THE CITY CORE;
AMENDING MERIDIAN CITY CODE SECTIONS 3-4-3(A)(6)(C) AND 3-4-3(A)(6)(F),
REGARDING NOTICE OF RIGHT TO APPEAL DENIAL OF TEMPORARY USE PERMIT
APPLICATION; AMENDING MERIDIAN CITY CODE SECTIONS 3-4-4(F) REGARDING
NOTICE OF RIGHT TO APPEAL DENIAL OF CITIZEN'S USE PERMIT APPLICATION;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, 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; and
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:
• Accommodate longer processing and return times for criminal background checks by Idaho State
Police;
• Address applicants who turn in an application but elect not to complete the process, often by failing
to get fingerprinted by Idaho State Police;
• Authorize the City Clerk's Office to designate additional City personnel to revoke a temporary use
permit, such as the Fire Code Official, Building Official, police officers, and/or the Community
Development Director;
• Allow revocation of temporary use permits where the applicant fails to obtain required structural,
mechanical, electrical, or plumbing permits or inspections;
• Allow special events at nonresidential properties such as schools and churches that are situated
within residential districts; and
• Accommodate promotional sales in the city core as allowed under a Use Zone Encroachment
Permit under Title 8, Chapter 1, Meridian City Code;
OUTDOOR SALES AND TEMPORARY USES CODE UPDATE PAGE 1 OF 6
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 3-4-2(A)(5)(c) is hereby amended to read as
follows.
c. Upon receipt of the findings of the chief of police or his designee, but no later than *weR4y one (21)
thirty 30 calendar days from the date of submission of the completed application and all application
materials required by this subsection, the city clerk shall either issue a city of Meridian mobile sales
unit license to the applicant or deny the application. Where the city cleric denies an application for a
city of Meridian mobile sales unit license, he shall notify the applicant of such denial in writing, which
shall include notice of the right to appeal such decision as set forth in this subsection. Written notice of
the denial shall be sent via U.S. mail to the applicant at the address set forth on the application.
Section 2. That Meridian City Code section 3-4-2(A)(5)(d)(1) is hereby amended to read as
follows.
d. The city clerk shall deny an application for a mobile sales unit license where:
(1) The application is incomplete or required application materials or fees have not been
submitted within thirty (30) days from receipt of a partial application;
Section 3. That Meridian City Code section 3-4-3(A)(6)(h) is hereby amended to read as
follows.
h. In addition to any and all other applicable civil or criminal penalties, the city clerk or her designee
may revoke a city of Meridian temporary use permit where:
(1) Any term or condition of the permit is violated by the permittee or by any employee or
person operating or acting under such permit.
(2) 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.
(3) It is found, after issuance of such permit, that it was issued pursuant to falsified, inaccurate,
or incomplete information on the application therefor.
(4) The site, setup, and/or operation of the temporary use and/or any component thereof varies
materially from the approved site plan.
(5) 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.
Section 4. That a new section, Meridian City Code section 3-4-3(C)(6)(a)(5)(C), is hereby
added to Meridian City Code section 3-4-3(C)(6)(a)(5), to read as follows.
(5) It shall be unlawful for any person to conduct, allow, or organize a special event in a residential
district, except that:
OUTDOOR SALES AND TEMPORARY USES CODE UPDATE PAGE 2 OF 6
(A) Neighborhood events or block parties shall be permitted in residential districts without a
temporary use permit, although a city of Meridian citizen's use permit may be required.
(B) Special events involving a route, such as races, parades, or marches may be permitted in
residential districts, so long as such special events both start and end in nonresidential districts.
(C) A special event that takes1p ace upon a property with an allowed nonresidential use may be
permitted.
Section 5. That Meridian City Code section 3 -4-3 (C)(3)(d) shall be amended to read as follows.
d. Sales by a promotional sales unit shall be limited to a period of time not to exceed one hundred sixty
(160) days per calendar year exce t that sales b romotional sales units in the Cit Core b
permanent proprietors operating under a Use Zone Encroachment Permit duly issued pursuant to Title
8 Chapter 1, Meridian City Code, shall be limited to a period of time not to exceed three hundred
sixty-five (365) days per calendar year.
Section 6. That Meridian City Code section 3-4-3(A)(6)(c) shall be amended to read as follows.
c. 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 i, f 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.
Section 7. That Meridian City Code section 3-4-3(A)(6)(f) shall be amended to read as follows.
f 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 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.
Section 8. That Meridian City Code section 3-4-4(F) shall be amended to read as follows.
F. Denial of Application; Notice: Where the city clerk denies an application for a city of Meridian
citizen's use permit, he shall notify the applicant of such denial in writing, which shall include
notice of the right to appeal such decision i, f any, as set forth in this section. Written notice of the
denial shall be sent via U.S. mail to the applicant at the address set forth on the application. The
city clerk shall deny an application for a city of Meridian citizen's use permit where:
1. The application is incomplete or required application materials or fees have not been submitted;
2. Investigation of such application or application materials reveals that provided information is
invalid, false, or incomplete;
3. The police chief, fire chief, or mayor recommends denial.
4. The application is incomplete or required application materials or fees have not been timely
submitted.
Section 9. That Meridian City Code section 3-4-4(H) shall be amended to read as follows.
OUTDOOR SALES AND TEMPORARY USES CODE UPDATE PAGE 3 OF 6
H. Appeal of Issuance or Denial of Application: Appeal of the city clerk's issuance or denial of an
application of a city of Meridian citizen's use permit may be made by any person, except that there
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
be mailed to the city clerk via U.S. mail, and shall state the reasons for such appeal. Upon receipt
of such written appeal, the city clerk shall schedule a public hearing on the appeal at the next
regularly scheduled city council meeting. Following a public hearing on the appeal, city council
shall either affirm or reverse the city clerk's action and shall issue written findings supporting such
decision. The city council's decision on such appeal shall be a final decision.
Section 10. That this ordinance shall be effective immediately upon its passage and
publication.
PASSED by the City Council of the City of Meridian, Idaho, on May c t , 2014.
APPROVED by the Mayor of the City of Meridian, Idaho, on May Q1 , 2014.
APPROVED:
Tammy d rd, Mayor
ATTEST:
OUTDOOR SALES AND TEMPORARY USES CODE UPDATE PAGE 4 OF 6
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.C. § 50-901(A)
CITY OF MERIDIAN ORDINANCE NO. 14- (( 10
AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 3-4-2(A)(5)(C),
EXTENDING THE TIME PERIOD FOR ISSUANCE OR DENIAL OF A MOBILE SALES
UNIT LICENSE; AMENDING MERIDIAN CITY CODE SECTION 3-4-2(A)(5)(D)(1),
AUTHORIZING THE CITY CLERK TO DENY INCOMPLETE MOBILE SALES UNIT
LICENSE APPLICATIONS WITHIN THIRTY DAYS OF RECEIPT; AMENDING
MERIDIAN CITY CODE SECTION 3-4-3(A)(6)(H), ALLOWING CITY CLERK TO
DESIGNATE PERSONNEL AUTHORIZE TO REVOKE TEMPORARY USE PERMITS AND
MAKING FAILURE TO OBTAIN REQUIRED STRUCTURAL, MECHANICAL,
ELECTRICAL, OR PLUMBING PERMITS OR INSPECTIONS GROUNDS FOR
REVOCATION; ADDING A NEW SECTION, MERIDIAN CITY CODE SECTION 3-4-
3(C)(6)(A)(5)(C), ALLOWING SPECIAL EVENTS ON NONRESIDENTIAL PROPERTIES IN
RESIDENTIAL DISTRICTS; AMENDING MERIDIAN CITY CODE SECTION 3-4-3(C)(3)(D)
TO EXTEND THE TIME LIMIT FOR PROMOTIONAL SALES IN THE CITY CORE;
AMENDING MERIDIAN CITY CODE SECTIONS 3-4-3(A)(6)(C) AND 3-4-3(A)(6)(F),
REGARDING NOTICE OF RIGHT TO APPEAL DENIAL OF TEMPORARY USE PERMIT
APPLICATION; AMENDING MERIDIAN CITY CODE SECTIONS 3-4-4(F) REGARDING
NOTICE OF RIGHT TO APPEAL DENIA IZEN'S USE PERMIT APPLICATION;
AND PROVIDING AN EFFECTIVE DAT �o��;rn s'
City 6f lie dian �--
Mayor and City Council
By: Jaycee Holman, City Clerk
+tv O
F R0!AN�--
�
SEAL F` SEAL �w
First Reading: V"taA P7 , DON A
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. 14- 1 G I (D
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. 14- t (0 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 2-1 day of '2014.
William. L.M. Nary
City Attorney
OUTDOOR SALES AND TEMPORARY USES CODE UPDATE PAGE 5 OF 6