HomeMy WebLinkAboutOrdinance 5185 ORDINANCE NO. 5185
AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT
CODE BY REPEALING CHAPTER 178: SIDEWALK CAFES
AND REPLACING IT WITH CHAPTER 178: OUTDOOR
VENDORS.
WHEREAS, the City of Fayetteville recognizes that the downtown area is unique and
urban in its development form, and
WHEREAS, the City of Fayetteville recognizes that the downtown' s urban form generates
substantial pedestrian foot traffic, and
WHEREAS, the City of Fayetteville recognizes that appropriate sidewalk areas exist that
have sufficient foot traffic, sidewalk width and accessibility to support sidewalk vendors, and
WHEREAS, the City of Fayetteville encourages opportunities for small business
development, and
WHEREAS, the City of Fayetteville recognizes that sidewalk activity is critical to creating
a lively, safe, and inviting downtown experience.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 : That the City Council of the City of Fayetteville, Arkansas, hereby repeals
Unified Development Code Chapter 178 : Sidewalk Cafes and replaces it with Chapter 178 :
Outdoor Vendors shown as "Exhibit A" attached hereto and made a part hereof.
• ��.���RK/7R�SG '
PASSED and APPROVED this 7m day of October, 2008. ;A,� ,,
_ U :
APPROVED: ATTEST: = ; FAYETTEVILLE :
��s'9RKa ns God?'
By: By: y�,V���iv�cf� � '''�, TO,N,,,o,�•
DAN OODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
. , ♦ %.R+ . : : . ..s. " _ _ :�4 i =4". o-. . ,'R+_� .[.`^NT�T+�-,
Exhibit "A"
ADM 08-3054
Page 1 of 7
TITLE XV UNIFIED DEVELOPMENT CODEi?�
CHAPTER 77.8 OUTDOOR'VENDORS �� �
178.01 PURPOSE .........................................................................................................................................3
178.02 SIDEWALK CAFES ..........................................................................................................................3
178.03 SIDEWALK VENDORS.....................................................................................................................4
178.04 OUTDOOR MOBILE VENDORS LOCATED ON PRIVATE PROPERTY........................................6
178.05 TRANSIENT MERCHANTS .............................................................................................................7
178.06 — 99 RESERVED .......o.........................o.o..0.0............................o...... .......o............... ..........7
CD178:1
Exhibit "A"
ADM 08-3054
Page 3 of 7
178.01 Purpose utility facility or improvement.
It is the purpose of this chapter to promote and
encourage open air retail environments, while (C) Requirements: Sidewalk caf6s shall meet the
preserving and protecting the health, safety and following requirements in order to be
welfare of citizens by promoting opportunities and approved:
regulations for the creation of said exceptions
within the City. (1) Applicants requesting a license must
provide a detailed site plan and written
178.02 Sidewalk Cafes description illustrating the type, location
and dimensions of all furniture to be
placed in the public right-of-way.
(A) Public rights-of-way are designed for free Sidewalk cafes may not be enclosed by
and unobstructed travel. However, the City fixed walls or other permanent
of Fayetteville recognizes that certain structures.
developed and developing areas in a
traditional town form are unique and that (2) Sidewalk cafes must be open to the air,
certain public amenities are not inconsistent except that an awning or canopy
with the underlying dedication for the public conforming to requirements established
right-of-way, as long as they do not impede by the Unified Development Code and
travel or interfere with the public safety. This Building Code may be constructed over
ordinance is designed to encourage the sidewalk caf6. In order to provide
pedestrian activity and make the urban sufficient pedestrian clearance,
environment more attractive. umbrellas must have 7 feet of free and
Sidewalk Cafe Authorization. The Planning clear space from the sidewalk surface to
(B) g the lower edge of the umbrella.
Commission may issue a conditional use
permit allowing a sidewalk caf6 on part of a (3) Property shall be kept clean and free of
specified sidewalk after the applicant has refuse with no permanent trash
notified adjoining property owners. In containers placed on the premises.
addition to the general conditional use
requirements, the Planning Commission (4) All furnishings and fixtures must be of a
shall ensure that no conditional use permit is temporary nature and shall be removed
granted, unless: from the public right-of-way and stored
(1) The proposed sidewalk cafe will not inside during non-operational times.
unduly impact or impede the public's (5) For sidewalk cafes using City right-of-
ability to travel upon or use the sidewalk way for operation, there shall be a
and any other affected public right-of- minimum of five feet or 50% of the total
way, including public utility easements. sidewalk width for clearance, whichever
is greater, to provide adequate and
(2) Any necessary costs to relocate a utility unobstructed pedestrian movement.
or widen the existing sidewalk to
accommodate the proposed sidewalk (6) If at any time the sidewalk cafe is
cafe must be paid by the sidewalk cafe determined to impede travel or interfere
applicant. with the public safety, as determined by
the Planning Division, the sidewalk cafe
(3) The sidewalk cafe applicant may be shall be removed.
required to post a surety bond or letter
of credit sufficient to cover the cost of (7) One A-frame chboard is
removing the sidewalk cafe if necessary permitted within n the sidewalk
alk cafes'
for the city or utility company to access border during hours of operation,
pipes, lines, or other facilities. subject to the applicable regulations in
Ch. 174: Signs for the same.
(4) The sidewalk cafe applicant must
consent that the city or utility company
may remove, without liability or
compensation, part or all of the sidewalk
cafe, if necessary, to get access to a
CD178:3
Exhibit "A"
ADM 08-3054
Page 4 of 7
178.03 Sidewalk Vendors (a) Name, address and contact
information.
(A) Purpose. Public rights-of-way are designed
for free and unobstructed travel. However, (b) Type of items sold or services
the City of Fayetteville recognizes that rendered.
certain development patterns with wide
sidewalks are unique and that certain public (c) A valid copy of all necessary
amenities are not inconsistent with the permits required by State and
underlying dedication for the public right-of- County health authorities.
way, as long as they do not impede travel or
interfere with the public safety. This (d) Proof of application for remittance
ordinance is designed to regulate open air of HMR tax to the City of
vending of goods on public rights-of-way. Fayetteville.
(B) Sidewalk Vendor Authorization. The Zoning (e) Means to be used in conducting
and Development Administrator may issue a business, including but not limited
permit for a sidewalk vendor to use a specific to, a description of any mobile
sidewalk or plaza location for specified hours container or device to be used for
to sell specified goods for up to a one year transport or to display approved
period. In addition to the general use items or services.
requirements, the Zoning and Development
Administrator shall ensure that no permit is (f) A site plan indicating the location
granted unless: and dimensions of the proposed
use and device or pushcart.
(1 ) The applicant has obtained all
necessary permits from State or County (g) A detailed scale drawing, picture or
authorities, including any Transient diagram and material specifications
Merchant permit requirements. of the device or pushcart to be
used.
(2) The applicant has submitted a sales and
use tax number, sales tax remittance (2) The permit issued shall not be
forms and an affidavit that the applicant transferable in any manner.
has fully paid all sales and use taxes
during the previous twelve months, if (3) The permit is valid for one sidewalk
applicable. vending location only.
(3) The applicant has filed a HMR tax (D) Permitted Vending Products and Goods.
remittance form with the City of
Fayetteville, when applicable. (1) The City of Fayetteville permits the
following types of goods for street
(4) The applicant has notified all adjacent vending in approved locations:
property owners, by certified mail, of the
application. (a) Cut Flowers.
(C) Permit Application. Each application for a (b) Food and Beverage
permit to conduct business on a sidewalk
shall be accompanied by a $100 application (2) All goods being sold from sidewalk
and permit fee. Permits issued after July 1 " vendors shall:
shall be accompanied by a $50 application
and permit fee. Eachyermit will expire at 3 (a) Be located within the permitted area
a.m. on January 1 following the year and be attended at all times.
issued. The permit fee shall be collected Sidewalk vendors shall not conduct
prior to issuance of the permit. transactions with vehicular traffic
(1) Application for a sidewalk vendor permit located in the right-of-way.
shall include the following items in a
format acceptable to the Zoning and (b) Not lead to or cause congestion or
Development Administrator: blocking of pedestrian traffic on the
sidewalk.
CD178:4
Exhibit "A"
ADM 08-3054
Page 5 of 7
(c) Involve a short transaction period to (2) The number of permits issued for the
complete the sale or render the street vending location shall not exceed
service. the capacity of the area in terms of
maintaining the use of the sidewalk as a
(d) Not cause undue noise or offensive public right-of-way. The Planning
odors. Commission shall consider the width of
sidewalk, the proximity and location of
(e) Be easily carried by pedestrians. existing street furniture, including, but
not limited to: signposts, lamp posts,
parking meters, bus shatters, benches,
(E) Location Requirements. Sidewalk vendors phone booths, street trees and
are permitted in specific locations in newsstands, as well as the presence of
Fayetteville as a use by right. These bus stops, truck loading zones, or taxi
locations have been determined by the City stands to determine whether the
Council to have adequate sidewalk width, proposed use would result in pedestrian
pedestrian traffic flow, and they minimize or street congestion
potential conflicts with existing businesses.
Sidewalk vendors are not permitted to (G) Requirements. Sidewalk vendors conducting
operate on days / times associated with business on the sidewalks of the City of
special events, unless they have been Fayetteville with a valid permit issued under
approved and granted a Special Events this Chapter may transport and/or display
Permit from the organization coordinating the approved goods upon the approved mobile
special event. Maps of approved locations device or pushcart, under or subject to the
are available in the Planning Division. The following conditions:
locations where street vending is allowed as
a permitted use are: (1 ) The operating area shall not exceed 40
(1 ) North and West sidewalks in front of the square feet of sidewalk, which shall
Walton Arts Center. Sidewalk vendors include the area of the mobile device,
may locate along West Avenue and operator and trash receptacle. The
Dickson St. in front of the Walton Arts Planning Division will provide a map of
Center approved vendor locations.
(2) Inside of the Fayetteville Square. (2) The length of the mobile device or
Sidewalk vendors may locate along pushcart shall not exceed 6 feet and the
sidewalks on all sides of the interior of width shall not exceed 3 feet.
the downtown Fayetteville Square. On
days / times that the Farmers' Market or (3) The height of the mobile device or
other special events operate, sidewalk pushcart, excluding canopies,
vendors shall only be permitted if umbrellas, or transparent enclosures,
approved through the Farmers' Market shall not exceed 5 feet.
or Special Event Permit process.
(F) Conditional Use Permit. If an applicant (4) No permanent hardware shall be affixed
wishes to operate as a sidewalk vendor in a to the sidewalk or adjacent buildings.
location other than those specifically
approved by the City Council, a conditional (5) Mobile generators are prohibited.
use permit must be obtained. Upon receipt of
a conditional use permit application, the (6) No sidewalk vendor may conduct
Planning Commission shall review the business on a sidewalk in any of the
proposed permit operating area to determine following places:
if the said area is suitable for street vending
in accordance with this chapter. In making
this determination, the Planning Commission (a) Within 10 feet of the intersection of
shall consider the following criteria: the sidewalk with any other
sidewalk. Sidewalk intersections
(1 ) The application meets all other criteria shall be kept clear for pedestrian
established herein for a sidewalk safety.
vendor.
CD178:5
Exhibit "A"
ADM 08-3054
Page 6 of 7
(b) Within 10 feet of any handicapped (H) Signage. Sidewalk vendors shall obtain a
parking space, or access ramp. sign permit from the Planning Division prior
to the issuance of a permit to operate.
(c) Within 15 feet of a fire hydrant. Sidewalk vendors are permitted a total of
one (1) A-frame sandwich/menu board
subject to Ch. 174 Signs regulating these
(d) Within 15 ft. of an entrance to a type of signs. The menu board shall list the
building. products and
p prices for the items being
vended. Only products or services available
(7) Street vending facilities shall be at the vending location shall be displayed.
removed from the public right-of-way
when not in use. Sidewalk vendors are (1) Revocation of the Sidewalk Vendor Permit.
only allowed to operate between the The Zoning and Development Administrator
hours of 5 a.m. and 3 a.m. All carts shall is authorized to revoke a sidewalk vendor's
be removed from the public right-of-way permit if it is determined that a violation of
during non-operational hours. the requirements of the Unified Development
Code has occurred.
(8) Sidewalk vendors shall display in a
prominent and visible manner the permit
issued by the Planning Division. 178.04 Outdoor Mobile Vendors
Located on Private Property
(9) The Fire Marshal shall inspect and
approve any food and beverage (A) Purpose. To permit outdoor mobile vendors,
pushcart to assure the conformance of also known as transient merchants, to
all cooking or heating apparatus with the operate on private property while preserving
provisions of the City Fire Code. and protecting the health, safety and welfare
of citizens.
(10) Sidewalk vendors who sell food and
beverage are required to be permitted, (B) Requirements. Transient merchants located
and receive approval, through the on private property shall meet the following
Arkansas Department of Health and requirements and submittals prior to
Human Services for food related approval:
establishments. A copy of the permit
issued by the State, and inspected and (1) Permit Application. Each application for
approved by the Washington County a permit to conduct a transient merchant
Health Department, shall be supplied to business shall be accompanied by a
the Planning Division prior to Planning $50 permit review and processing fee.
Division approval.
(2) Application for a permit to conduct a
(11 ) All sidewalk vendors must pick up and transient merchant business shall
properly dispose of all paper, cardboard, include the following items in a format
metal, plastic or other litter in any form acceptable to the Zoning and
(including cigarette butts) within the Development Administrator:
sidewalk area assigned to the vendor
within thirty minutes of the end of daily (a) Name, address and contact
operations. Failure to completely information.
remove all such litter from the
authorized sidewalk location shall (b) Type of items sold or services
constitute a violation of the permit rendered. A change in product or
approval. service will require a new permit to
be issued.
(9) No sidewalk vendor shall solicit, berate or
make any noise of any kind by (c) A valid copy of all necessary permits
vocalization or otherwise, for the required by State and County
purpose of advertising or attracting health authorities.
attention to his wares. No audible
amplified music shall be permitted.
(d) Proof of application for remittance of
HMR tax to the City of Fayetteville.
CD178:6
Exhibit "A"
ADM 08-3054
Page 7 of 7
(e) Means to be used in conducting approved by the Planning Division for a
business including but not limited to new location.
a description of any mobile device
to be used for transport or to (8) Outdoor mobile vendors shall be in
display approved items or services. compliance with parking lot
requirements for any existing and the
(f) A detailed site plan and written proposed business. The number of
description illustrating the type, required parking spaces is determined
location, and dimensions of the by the use and size of the proposed
mobile vendor business including transient merchant business, and by the
parking. use and size of the existing business.
Parking spaces on the property where
the outdoor mobile vendor is located
(g) Written authorization, signed by the shall be paved and striped in order to be
property owner or legal utilized. The use of parking for an out
representative of record, stating door mobile vendor may not reduce the
that the transient merchant number of spaces necessary for other
business is permitted to operate on uses occurring on the property. An
the subject property. adequate number of parking spaces for
the existing businesses and the outdoor
(3) The permit issued shall not be mobile vendor must be provided onsite.
transferable in any manner. The location of the outdoor mobile
vendor shall not impede traffic flow or
( create a dangerous traffic condition, as
4) The permit is valid for one mobile
determined by Planning Division upon
vendor location only. review of the site plan.
(5) The proposed use shall be a permitted
use-by-right within the underlying zoning 178.05 Transient Merchants
district in order to be permitted.
All transient merchants are subject to regulations
(6) A Temporary Certificate of Zoning and registration under Arkansas state statutes.
Compliance (90 days) shall be approved Any criteria established herein shall not relieve
by the Planning Division. the applicant from meeting applicable criteria
relative to transient merchants. "Transient
(7) Outdoor mobile vendors are allowed on merchant" means any person, firth, corporation,
a temporary basis (90 days), by nature partnership, or other entity that engages in, does,
of their temporary occupancy, in one or transacts any temporary or transient business
location over a one-year (twelve month) in the state, either in one (1) locality or in
timeframe. Outdoor mobile vendors traveling from place to place in the state, offering
may move to a different location after for sale or selling goods, wares, merchandise, or
this 90-day period has expired. services.
However, a new Outdoor Mobile Vendor
Application will have to be reviewed and
CD178:7
RECEg - J
1 J ,
Arkansas Democrat 701axette CITY OF FAYETTEVILLE
Northwest Arkansas Times OCT 16 2008
Benton County Daily Record c n°`LFAs OFF CELE
P. O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE : 479-571 -6421
AFFIDAVIT OF PUBLICATION
I , Cathy Wiles, do solemnly swear that I am Legal Clerk of the Arkansas
Democrat Gazette newspaper. Printed and published in Benton County
Arkansas, (Lowell) and that from my own personal knowledge and
reference to the files of said publication , the advertisement of: City of
Fayetteville Ordinance 5185
October 14, 2008
Publication Charge : $585.53
Signed: --Lsj"-L!) Ll--------
Subscribed and sworn to before me
This qday of 2008. .
Notary Public
My Commission Expires: �(Wav- D / 02
0�S MM. J ✓,
Do not pay from Affidavit, an invoice will be sent A
W;,g�pTARY in
9 ' PUB\ \G
� y G0
+ T ` ORDINANCE NO. SIBS
AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT CODE BY N"SALIIOiCHAP•
ITS 1781 SIDEWALK CAFES AND REPLACING IT WITH CHAPTER 1702 OUTDOOR VEII.
GOR t rye"WHEREAS, the Ciry of Fayetteville recognizes that the downtown area is unique and urban in Its level-
opment form, and
WHEREAS, the City of Fayetteville recognizes that the downtown's urban form generates substantial
Pedestrian foot banks, and
WHEREAS, the Cay of Fayetteville recognizes that appropriate sidewalk areas exist that have slifficlern foot traffic, sidewalk width and accessibility to
support Sidewalk vendors, and j&
WHEREAS, the City of Fayetteville encourages opportunities for small business development;and
WHEREAS, the City of Fayetteville recognizes that sidewalk SoftIN Is critical to creating a lively, safe, and Inviting downtown experience.
NOW, THEREFORE, BE IT ORDAINED BV THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council OR Ne City of Fayetteville, Arkansas, hereby repeals UnUledq)evelopment Code Chapter 178: Sidewalk Cafes and
replaces it with Chapter 178: Outdoor Vendors shown as -Exhibit A' attached hereto and made a part hereof.
PASSED and APPROVED this 7th day of October, 2006.
APPROVED: By: DAN COOOY, Mayor ATTESTI By. SONDRA E. SMITH, CIry Clerk/freesurer;�
EaMbN •A" I{I
ADM DEVELOPMENT TITLE XV UNIFIED CI ODE
SIDEWALK CAFES CHAPTER 1781 OUTDOOR VENDORS
170.02 SIDEWALK 178.01 [ 8
1
178.03 SIDEWALK VENDORS 34',
178.04 OUTDOOR MOBILE VENDORS LOCATED ON PRIVATE PROPERTY 8
/711.05 TRANSIENT MERCHANTS 7'.� �.
17&OS - 99 RESERVED 7 '1
CHAPTER 1781 OUTDOOR VENDOR
178.01 Purpeee +)�
11 is the purpose of this chapter to promote and encourage open ale retail environments, while preserving and protecting the health, eatery and welfare of
citizens by promoting opportunities and regulations for the creation of said exceptions within the City.
178.02 Sidewalk Cat" ilk
(A) Public rlghisof-way are designed fix free and unobstructed travel. However, the City ofFIaI Revile recognizes that certain developed and del
oping areas in a traditional town form are unique and that certain public amenities are not inconsistent with the underlying dedicatlon for the public right.
of-way, as brig as they do not Impede travel or Interiere with the public safely. This ordinance is deysigned to encourage pedestrian activity and make the
urban environment more attractive. )'i N
(B) Sidewalk Cafe Authorization. The Planning Commission may lease a conddionat use permit allowing a sidewalk cafe on part of a specified ada-
walk after the applicant has notified adjoining property owners. In addition to the general conditional use requirements, the Planning CormYasion shall
ensure that no conditional use permit Is granted, unless: )14
(1) The proposed sidewalk cele will not unduly impact or Impede the public's ability to travel upon or use Me sidewalk and any other affected put>
Ric rlghl-of-way. Including public utility easements. I I ;}I
(2)Any necessary costs to relocate a utility a widen Via existing sidewalk to accommodat't a proposed sidewalk cafe must be paid by the skle�
walk Said applicant.
(3) The sidewalk cafe applicant may be required to post a surety bond or letter of credit sufficient to cover the cost Of removing the sidewalk cafe
fl necessary for the city or utility company to access pipes, lines, or other facilities. E
(4) The sidewalk cote applicant must consent that the city or utility company may remove;without liability or compensation, pert or al of the Side-
walk cafe
, it necessary, to get access to a utility facility or improvement. ilii
(C) Requirements: Sidewetk cafes shall meet the folowing requlrements in order to be approved:
(1) Applican6 requesting a license must provide a detailed site plan and written description illusbatlng the type, location and dimensions of all
furniture M be placed In the public right-of-way. Sidewalk cafes may not be enclosed by fixed walls or other permanent structures.
(2) Sidewalk cafes must be open to the all, except that an awning or canopy, conforming to lequlrements established by the Unified Development
Code and Building Code may be constructed over the sidewalk cafe. In order to provide Sun intent pedestrian clearance, umbrellas must have 7 feet of
free and clear space from the sidewalk surface to the lower edge of the umbrella. ) it
(3) Property shall be kept clean and free of refuse with no permanent trash containers placed on the premises,
(4) All furnishings and filatures muss be of a temporary nature am shall be removed tram the public right-of-way and stored inside during ron-
operational times. 1
1 (5) For sidewalk cafes using Cityrightoi-way for operation, there shall be a minkum of fine feet's 50% of the total sidewalk wblh for clearance,
whichever Is greater, to provide adequate and unobstructed pedestrian movement. jig ..
(6) If at any time the sidewalk cafe is determined to impede travel or interfere with the public safety, as detemined by the Planning Division, the j
sidewalk cafe shall be removed. [ I ?
(7) One Adrame sandwlch(manu board is permitted within the sidewalk cafes' border during hours Of operation, subject to the applicable regula-
tions in Ch. 174: Signs for Ina same.
178.03 Sidewalk VaMon
r (A) Purpose TC *176.01 Purpose' V C V '1' . Public fights-of-way are designed for free and unobstructed level. However, the City of Fayetteville an-
1 ognizes that certain development contains with wide sidewalks are unique end that certain public amenities are not Inconsistent with the underykhp ded-
f (cation for the public dgnt-of-way, as long as May do not impede travel or interfere with the public safety. This ordinance is designed M regulate open air
vending of goods on public fights-of-way. f�k
(B) Sidewalk Vendor Authorization, the Zoning and Development Administrator may Issue a permit for a Sidewalk Vendor to use a specific sidewalk
a plaza location fa Specified hours to sell specified goods for up to a one year period. In addition to the general use requirements, Me Zoning and
Development Administrator shall ensure that no permit Is granted unless: I )
(1) The applicant has obtained all necessary permits from State or County authorities. including any Transient Merchant Parini requirements.
(2) The appfir has Submitted a sales and use tax number, sales tax remittance forms and an affidavit that the applicant has fully paid all sales
and use taxes during me previous twelve monMs. It applicable. +i' I
(3) The applicant has filed a HMR tax remittance farm with the CIry of Fayetteville, when applicable.
(4) The applicant has notified all adjacent property owners, by certified mall, of me application.
(C) Permit Application. Each application for a permit to condua business on a sitlewalk shall tie accompanied by a $100 application and permit fee.
Permits issued after July tat shall be accompanied by a S50 application antl permit fee. Each pe;mt will expire at 3 a.m. on January fat following the
year Issued, The permit fee Shell be collectetl prior to Issuance of the peonit A I
(1)Application for a sidewalk vandal permit shall include the Moving items In a format acceptable to me Zoning and Development Administrator: `
(a) Name, address and contact information. '
(b) Type of Items Sold or Services rendered.
(c) A valid copy of all necessary permits required by State and County health authorities,
(d) Proof of application for remittance of HMR tax to the City of Fayetteville.
(e) Means to be used in conducting business, Including but not limited to, a description of any mobile container or device to be wed to fraw-
pat or to display approved Nems or services.
r (f) A site plan indiCating the location and dimensions of the proposed use and device a:pushcart.
(g)A detailed scale drawing, picture or diagram and material specifications of the device Of pushcart to be used.
(2) The permit issued shall not be transferable in any manner.' " - - #• - - - i. e
(3) The permit is valid for one sitlewalk vending location only.
(0) Permitted Vending Products and Goods,
(1) The City of Fayetteville permits the fallowing types of goods for street vending In approved locations:
(a) Cut Flowers +
(b) Food and Beverage s(
(2) AN goods being sold from sidewalk vendors shall:
(a) Be located within the permitted area and be attended at all times. Sidewalk ventlos shall not conduct transactions with vehicular traffic ,
located in the right-of-way.
(b) Not lead to or cause congestion or blocking of pedestrian traffic on the sidewalk.
h (c) Involve a short transaction period to complete the sale or render the service.
(d) Na cause undue nolle or offensive offs.
(e) Bo easily carried by pedestrians.
IE1
ed byc he Requirements. Sidewalk vendors are lk M th. in specific bcffic fl ,and they ri in a use by right onese locations ex neve been doter.
mined by the Cit= Connell to have o operate sitlewalk width, pedestrian traffic s lbw, and they 1083 M e porenb conflicts with existing businesses.
Sidewalk vendors ere not permitted to operate t days climes astpsqfiw�
Map Of with special everns; m ave May have Caen approved and pranced a Spacial
Events Permit from the Organizationa peritted use am:
epactal evert. Maps of approved locations am available in the Planning Division.The bceflonswhere '€
1 street vending Is allowed as a permitted use are: '
i C l
(i) n end West sidewalkd s In front the Walton Arts Center. Sidewalk vendors mary locate along West Avenue and Dickson St. in front of the
rts Ci ,
{ Walton AM _
r (2) Inside of the Fayetteville Square. Sidewalk vendors may, locate along sidewalks on atsldes of the Interior of the downtown Fayetteville Square.
r On days / times that the FarmersMarket or other special Events operate, sidewalk vendors shall only be permitted If approved through the Farmers'
Market or Special Event Permit process. . L
(F) Conditional Use Permit. 11 an applicant Wanes to operate as a sidewalk vendor in a IpCatbn other than those specifically approved by the City
Council, a conditional use permit must be obtained. Upon receipt of a conditional use permit a`ppliceflon, the Planning Commission shay review the pro-
posed permit operating was to determine Ii the said area Is suitable for street vending in accordance with this chapter. In making this determination, Me
Planning Canhisslon shag consider the following criteria:
(1) The application meets all other criteria established herein for a sidewalk vendor. t
(2) The number of permits Issued for the streot vending location shall not exceed the c pacify of the area in terms of maintaining the use of the {
sidewalk as a public right-of-way. The Planning Commission shall consider the width of sidewalk, the proximity and location of azisfing street NrnlNre,
{ including, but not limited to: signposts, lamp posts, parking "lets, bus shelters, benches. plione booths, street trees and newsstands, as well as the
J presence of bus slope, truck loading zones, or text stands to determine whether the proposed ruse would result In pedestrian a street congestion.
(G) Requirements. Sidewalk vendors conducting business on the sidewalks of the City of IPayettevine with a valid permit Issued most INS Chapter i
may transport and/or display approved goods upon the approved mobile device or pushcart, Under or subject to the following conditions;
! (1) The operating area shag not exceed 40 square feet of sidewalk, which shall include the area of themobile device, operator and fresh recep-
tacle. The Planning Division will provide a map of approved vendor locations. i l$
k (2) The length of the mobile device or pushcart shell not exceed 6 feet and the width shall nor exceed 3 feet. ' •
(3) The height of the mobile device or pushcart, excluding canopies. umbrellas, or transparent enclosures, shall nor exceed 5 feel.
{ (4) No permanent hardware shall be affixed to the sidewalk oradjacent buildings.
4 (5) Mobile generators are prohibited.
(6) No sidewalk vendor grey conduct business on a sitlewalk in any of the following places:
r (a) Within 10 feet of the Intersection of the sidewalk with any oPrer sidewalk. $Idewalk intersections shall be kept dear for pedestrian Satisfy.
(b) Within 10 feet of any handicapped parking space, or access ramp. ` f
1 (c) Within 15 feel of a gra hydrant. (`{
(d) Within 15 R. of an entrance to a building. r
(7) Street vending facilities shall be removed from the public r gM-ot-way when not in use. Sidewalk vendors are only allowed to operate between i
f the hours of 5 a.m. and 3 a.m. Al cant shall be removed from the public right-of-way during ndnoperwional hours.
(B) Sidewalk vendors shell display In a prominent and visible manner the permit issued jCy the Planning Division.
(9) The Fire Marshal shall Inspect and approve any food and beverage pushcart to assure the conformance of all cooking or heating apparatus
with the provisions of the City Fire Code. r . ' • 4k
(10) Sidewalk vendors who sell food and beverage are required to be permitted, and III approval, through the Arkansas DepemTraM d Health
and Humen Services for food related establishments. A copy dine permit Issued by the State,tend inspected and approved by the Washington County j
Health Department. shall be supplied to the Planning Division prior to Planning Division approval.
(11) All sidewalk vendors must pick up and properly dispose of all paper, cardboard, Metal, plastic or other lifter in any form (including cigarette I
butts) within the sidewalk area assigned to the vendor within thirty minutes of the end of daily operations. Failure to completely remove an such litter from
the authorized sidewalk location shall constitute a violation of the permit approval. rI
(12) No sidewalk vendor shall solicit, berate a make any noise of any antl by vncahzeritin or otherwise, for the purpose of advertising or attract j
Ing attention to his wares. No audible amplified music shag be permitted. X! {
(H) Signage. Sidewalk vendors shall obtain a sign permit from the Planning Division prior to 01e issuance of a permit to operate. Sidewalk vendors
are permtted a total of one (1) A-frame sandwich/menu board subject to Ch. 174 Signs regvialfng these type of signs. The Menu board shall IIsi the pmt.
'i use and prices for the Items being vended. Only Products or services available M the vending hmagon shag be displayed.
(I) Revocation of the Sidewalk Vendor Permit. The Zoning and Development Administrator is authorized to revoke a sidewalk vendors permit If It Is
r determined that a violation of the requlremehis of the Unified Development Code has Occurred,1
178.04 Outdoor Mobile Vendort Located m lorlrats Property
(A) Purpose. To permit outdoor mobile vendors, also known as transient merchants, to operate on private property while preserving and protecting i
r the health, safety and welfare of citizens. 1 t1
(B) Requirements. Transient merchants located on private property shell meat the following requirements and submittals prior to approval; I
r (1) PerrMl Application. Each application for a permit to conduct a transient merchant business shall be accompanied by a $50 pemdt review and
j processing fee. )l�
(2) Application for a permit to conduct a transient merchant business shall include the.toyllowing items In a format acceptable to the Zoning and
Development Administrator: � ! j
e) Name, address and contact Information. 1
(b) Type of Items sold or services reMered. A change in product o service will require a new permit ro W issued. )
(c) A valid copy of all necessary permits required by Siete and County heats autlrorities.
(d) Prod of application for remittance of HMR rex to the City of Fisyetteville. jj rr
(a) Means to be used In conducting business including but not limited to a descriptiod arty mobile device to be used for transport or tlis-
play approved Items a servicesk ki {
(q A detailed site plan and wriften description Illustrating the type, bcatbn, and dimensions of the mobile vendor business Including Parking, q
(g) Written authorization, signed by the property owner or legal representative of record, stating that the transient merchant OusMeas Is per- 1
mixed to operate on the subject property. tl�
(3) The permit issued shall not be transferable In any manner. L`I
(4) The permone bc
it is valid for omobile vendor adon ony.
(5) The proposed use shall be a permitted use-by-fight k the underlying zoning disc A in ortler to be permitted.
(6) A Temporary Certificate of Zoning Compliance (90 days) shall be approved by the Planning Division.
(7) Gummor mobile vendors are allowed on a temporary basis (90 days), by nature of thejr temporary occupancy, In one location Over a one-year
(twelve month) timeframe. Outdoor mobile vendors may move to a different location oiler this 90-Cay period has expired. However, a new Outdoor Mobile
Vendor Application will have to be reviewed and approved by the Planning Division for a new location.
(B) Outdoor mobile vendors shall be in compliance with parking lot requirements for any existing and the proposed business. The number or tt
required parking spaces is determined by the use and size of the proposed transient merohantlbusirress, and by Ute use and size or the existing buss-
rase. Parking spaces on the property where the oudm mobile vendor is located snag be paved and stoped in order to be utilized. The use of parking
for an out door mobile vendor may not reduce the number Of spaces necessary for other uses occurring on the property. An adequate number of park-
ing spaces for the existing businesses and the outdoor mobile vendor must be provided onsite. The location of the outdoor mobile vendor shag trot
impede traffic flow or create a dangerous traffic condition, as ddemnlned by Planning Division upon review of the site plan.
1 17113.03 Mm1aM Morcbards
IS Al transient merchants we subject to regulations and registration under Arkansas state statutes.IMy criteria established herein shall not relfevethe Solicit-
cant frau Meeting applicable criteria relative to transient merchants. 'Transient merchant' means any person, firm, coporetbn, partnership, or other
entity that engages in, does, or transects any temporary or transient business In the state, either bone (1) locality a in traveling from place to place in
Ire slate. Offering for sale or Seung goods, wares, merchandlu, or services �I
OPZ
City of Fayetteville Staff Review Form / 01P7 169
City Council Agenda Items 5 ( 5J
and 91II&A
Contracts, Leases or Agreements
10/7/2008 1 /0
City Council Meeting Date wbr
Agenda Items Only VAX,/ , AA
Leif Olson Planning Operations v �"r
Submitted By Division Department
Action Required:
ADM 08-3054: (Sidewalk Cafe and Vendor Ordinance): Planning staff recommends approval of an ordinance
amending Chapter 178: Sidewalk Cafes to add location and operational standards for sidewalk vendors and outdoor
mobile vendors.
$
Cost of this request Category / Project Budget Program Category / Project Name
Account Number Funds Used to Date Program / Project Category Name
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
9 COE, Previous Ordinance or Resolution #
Department Direct- Date
Original Contract Date:
- / q — O p Original Contract Number:
City Attorney Date
Received in City EN
Clerk's Office
Finance and Internal Service Director Date 's
T RED
Received in 9
Mayor's Office
Mayor Date
Comments:
Revised April 16, 2007
City Council Meeting of October 7, 2008
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru : Gary Dumas, Director of Operations
Karen Minkel , Interim Director of Long Range Planning
From: Leif Olson, Long Range Planner
Date: September 18, 2008
Subject: ADM 08-3054 (Sidewalk Caf6 and Vendor Ordinance) Approval of an
ordinance to re-adopt Chapter 178 : Sidewalk Cafes of the Unified Development Code to
include provisions for sidewalk pushcart vendors and outdoor mobile vendors. Chapter
178 will be retitled Outdoor Vendors.
RECOMMENDATION
Staff recommends approval of an ordinance amending Chapter 178: Sidewalk Cafes to
include outdoor mobile vendors and sidewalk pushcarts.
BACKGROUND
The City Council adopted Unified Development Code Chapter 178 : Sidewalk Cafes in
2006 after the adoption of the Downtown Master Plan. The purpose was to allow for
sidewalk dining opportunities in locations throughout the city where sidewalk width and
site conditions were sufficient. Unfortunately, Planning has yet to process a Conditional
Use Permit for a sidewalk caf6. However, Planning has received numerous requests from
individuals wanting to develop sidewalk vendor businesses in the downtown area. This
amendment to the Sidewalk Caf6 chapter includes operational standards and location
requirements for sidewalk vendors, and it will codify the transient merchant license
process that the Planning Department currently administers.
Planning Staff worked with a variety of city divisions in order to address the numerous
issues that invariably come up in this type of complicated ordinance. Staff is proposing
an ordinance that allows street vendors to operate, within designated areas, subject to
administrative approval and permitting by the Zoning and Development Administrator.
The two designated areas are the sidewalks on the north and west side of the Walton Arts
Center and the sidewalk along the inside of the downtown square. A conditional use
permit is required for a sidewalk vendor to locate in other areas of the city.
BUDGET IMPACT
None