Temporary vendors target of ordinance

by Karen E. Culp

SBJ Staff

Temporary vendors may be regulated under a proposed city ordinance. City Council held a public hearing on the bill Sept. 7 and will vote on it Sept. 20.

The bill creates a definition for temporary vendors. Previously, temporary vendors were not defined or regulated, said Andy Furedy, zoning administrator for the city.

"These uses just sort of started. It's been a use that has evolved over time, and we have not ever developed a set of regulations for it," Furedy said.

The ordinance defines a temporary vendor as "a merchant selling merchandise (excluding the provision of services) and not located inside a permanent building or structure on private property."

Temporary vendors are now allowed to operate on a "status quo" basis, but the current zoning ordinance does not allow for temporary vendors, Furedy said. This council bill is an attempt to remedy that.

The ordinance places some restrictions on temporary vendors. The vendors have to submit a site plan for approval by the Building Development Services Department, have to be in compliance with all applicable city code standards and are limited to uses permitted in the district where the temporary business is located.

The ordinance further states that all temporary businesses will be licensed through the city's Finance Department.

In order to obtain a permit from Building Development Services, the applicant must provide a legal description of the site and indicate where the temporary vendor will be located on that site. Parking stalls required by the city for use by the permanent vendor or business on the site cannot be used by the temporary vendor.

A parking schedule must be included that breaks down the use of parking stalls by the temporary and permanent vendors. Restrooms have to be located within 500 feet, and on the same side of the street is the temporary vendor site.

The temporary vendor must also have a letter of permission from the property owner authorizing use of the site. The temporary vendor permit will be valid for 180 days within one calendar year, the proposed ordinance states. The proposed ordinance allows temporary vendors in the general retail, highway commercial and commercial services zones.

Farmers markets and Christmas tree sales are not governed by the bill.

Furedy said the ordinance will probably be enforced after the first of 2000.

This bill is the second substitute that has been proposed. Council has worked on getting an ordinance to regulate temporary vendors in place for about two years, said Councilman Gary Gibson. Council tabled the original bill Nov. 11, 1998, and referred it to its Plans and Policies Committee. No one spoke on this ordinance during the Sept. 7 hearing, and Gibson said he thinks that indicates the bill is "as fair as it's going to get."

"This is an issue that's been talked to death. We could probably spend another year talking about it, but I think we've got something in place that is a fair bill and that everyone can deal with," Gibson said.

The 180-day requirement means the temporary vendor must remove or take down his or her structure after the expired time.

"Basically, one vendor cannot be there more than 180 days