No preview available
HomeMy WebLinkAboutOrdinance 5286 f ORDINANCE NO. 5286 AN ORDINANCE TO AMEND CHAPTER 117 OF THE FAYETTEVILLE CODE TO AUTHORIZE THE FAYETTEVILLE TOWN CENTER TO MANAGE THE INTERIOR PARKING SPACES OF THE FAYETTEVILLE SQUARE DURING AND FOR THE LIGHTS OF THE OZARKS AND TO PASS AN EMERGENCY CLAUSE WHEREAS, the Lights of the Ozarks has become a well-attended, impressive, and beautiful annual event on the Fayetteville Square for Fayetteville citizens and tourists; and WHEREAS, vendors with pony rides, camel rides, carriages, etc. have been licensed to operate in the general area of the Square during Lights of the Ozarks pursuant to City Council ordinances; and WHEREAS, to better manage these and other vendors around the Square during Lights of the Ozarks, City Staff recommends authorizing the Advertising and Promotion Commission and the Fayetteville Town Center staff to manage this area in similar fashion to how the Farmers' Market manages this same area during warm weather. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l : That the City Council of the City of Fayetteville, Arkansas hereby amends Chapter 117: Vehicle-Related Businesses by enacting Article Vill Lights of the Ozarks as follows: "Article VIII Lights of the Ozarks " 1 17.93 Lights of the Ozarks "(A) Eslahlishinent, location and parking restrictions. The Lights of the Ozarks celebration is hereby established in the city as an annual celebration beginning after the end of Farmers' Market (around Thanksgiving) and running through January I of the next year. This event shall be located on those interior parking spaces (adjoining the old post office) of the downtown square and on the sidewalks adjoining those parking spaces as well as those portions of the Town Center Plaza needed for this event' s success. The block of East Avenue between Mountain Street and Center Street may be restricted to horse-drawn carriages, pony rides, or other event vendors. No vendor shall obstruct pedestrian traffic on public sidewalks nor shall more parking spaces be utilized for vendors than absolutely necessary. The Fayetteville Advertising and Promotion Commission and Fayetteville Town Center staff are empowered to manage and administer all vendors operating on the Fayetteville Square during Lights of the Ozarks. Page 2 Ordinance No. 5286 "(B) Hours of operations. Vendors for the Lights of the Ozarks shall be managed by the Fayetteville Town Center staff such that active operation of pony rides, carriage rides, etc. shall not commence, nor shall East Street be impeded from normal traffic prior to 6:00 P.M. nor obstructed later than midnight except for New Years when such use will be extended one hour until 1 :00 a.m. on New Year's Day. "(C) Sanitation. At the close of each Lights of the Ozarks business evening, each vendor must ensure that the area in which the vendor was located or operating is completely clean, sanitary and free of trash, debris, manure, etc. Failure to properly clean up shall be grounds to revoke that vendor's license or permission to operate during Lights of the Ozarks. "(D) Vendors and licenses. Any vendors operating within the area of the Lights of the Ozarks shall have all proper, necessary and valid licenses applicable to the vendor's business and keep all such licenses available for inspection and in good standing while operating during Lights of the Ozarks. Any event or other reasonable fee charged by the Town Center Staff or the City of Fayetteville to defray costs to manage Lights of the Ozarks must be paid or the vendor shall be prohibited from operating in this event. "(E) Sidewalk vendors. Sidewalk vendors must comply with § 178.03 of the Unified Development Code and obtain proper permits from the Zoning and Development Administrator as well as the Fayetteville Town Center staff {which shall constitute compliance with § I78.03(E)(2)} ." Section 2: Emergency Clause. That the City Council of the City of Fayetteville, Arkansas hereby determines that in order to preserve the peace, health and safety of its citizens enjoying the Lights of the Ozarks which begins in a few days, the City Council finds that an emergency situation has occurred such that this ordinance providing for the proper and safe management of the Lights of the Ozarks event by the Town Center Staff should and will take effect immediately to preserve the peace, health and safety of the Fayetteville Citizens. PASSED and APPROVED this 17°i day of November, 2009. APPROVED ATTEST: By: ,/ r--- By: &n/Ju,4, ELD JO&A Mayor SONDRA E. SMITH, City Clerk/Treasurer FF I TRil'' if Sv ° G of FAYETTEVILLE ; 9° JA .9 5; ° ,'ai-�G70N GOw� �"�auwua�a AGENDA REQUEST FOR: COUNCIL MEETING OF NOVEMBER 17, 2009 FROM: TERRY GULLEY, TRANSPORTATION DIRECTOR ORDINANCE OR RESOLUTION TITLE AND SUBJECT: An Ordinance To Amend Chapter 117 Of The Fayetteville Code To Authorize The Fayetteville Town Center To Manage The Interior Parking Spaces Of The Fayetteville Square During And For The Lights Of The Ozarks And To Pass An Emergency Clause APPROVED FOR AGENDA: Ter y ulley, Transporta.96 Director Date 4ie i Df of S ff at Mayor B t1a' e� City Attorney Date (as to form) FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS KIT WILLIAMS, CITY ATTORNEY DAVID WHITAKER, ASST. CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO: Lioneld Jordan, Mayor Don Marr, Chief of Staff Terry Gulley, Transportation Director Sharon Crosson, Parking & Telecommunications Manager FROM: Kit Williams, City Attorney-9ti DATE: November 4, 2009 RE: Lights of the Ozarks management City Staff has requested that the City formalize the working relationship they have established with the A & P Commission and Fayetteville Town Center staff to manage the vendors on the Square during lights of the Ozarks. Accordingly, I drafted an ordinance to enact a new code section in the Fayetteville Code that is very similar to 114.02 Farmers' Market. This proposed new section 117 .93 Lights of the Ozarks would empower the A & P Commission and Fayetteville Town Center staff to manage the vendors in the same areas (plus the Town Center Plaza) as where the Farmers' Market manages its vendors. This would be during the period after the end of the Farmers' Market through January 1 . Please review this proposed ordinance and let me know of any changes needed. This should go on the agenda for the November 17th meeting to be effective for this year' s Lights of the Ozarks. ORDINANCE NO, AN ORDINANCE TO AMEND CHAPTER 117 OF THE FAYETTEVILLE CODE TO AUTHORIZE THE FAYETTEVILLE TOWN CENTER TO MANAGE THE INTERIOR PARKING SPACES OF THE FAYETTEVILLE SQUARE DURING AND FOR THE LIGHTS OF T14E OZARKS AND TO PASS AN EMERGENCY CLAUSE WHEREAS, the Lights of the Ozarks has become a well-attended, impressive, and beautiful annual event on the Fayetteville Square for Fayetteville citizens and tourists; and WHEREAS, vendors with pony rides, camel rides, carriages, etc. have been licensed to operate in the general area of the Square during Lights of the Ozarks pursuant to City Council ordinances; and WHEREAS, to better manage these and other vendors around the Square during Lights of the Ozarks, City Staff recommends authorizing the Advertising and Promotion Commission and the Fayetteville Town Center staff to manage this area in similar fashion to how the Farmers' Market manages this same area during warm weather. 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 amends. Chapter 117: Vehicle-Related Businesses by enacting Article VIII Lights of the Ozarks as follows: "Article VIII Lights of the Ozarks " 117.93 Lights of the Ozarks "(A) Establishment, location and parking restrictions. The Lights of the Ozarks celebration is hereby established in the city as an annual celebration beginning after the end of Farmers' Market (around Thanksgiving) and running through January I of the next year. This event shall be located on those interior parking spaces (adjoining the old post office) of the downtown square and on the sidewalks adjoining those parking spaces as well as those portions of the Town Center Plaza needed for this event's success. The block of East Avenue between Mountain Street and Center Street may be restricted to horse-drawn carriages, pony rides, or other event vendors. No vendor shall obstruct pedestrian traffic on public sidewalks nor shall more parking spaces be utilized for vendors than absolutely necessary. The Fayetteville Advertising and Promotion Commission and Fayetteville Town Center staff are empowered to manage and administer all vendors operating on the Fayetteville Square during Lights of the Ozarks. "(B) Hours of operations. Vendors for the Lights of the Ozarks shall be managed by the Fayetteville Town Center staff such that active operation of pony rides, carriage rides, etc. shall not commence, nor shall East Street be impeded from normal traffic prior to 6:00 P.M. nor obstructed later than midnight except for New Years when such use will be extended one hour until 1 :00 a.m. on New Year's Day. "(C) Sanitation. At the close of each Lights of the Ozarks business evening, each vendor must ensure that the area in which the vendor was located or operating is completely clean, sanitary and free of trash, debris, manure, etc. Failure to properly clean up shall be grounds to revoke that 'vendor's license or permission to operate during Lights of the Ozarks. "(D) Vendors and licenses. Any vendors operating within the area of the Lights of the Ozarks shall have all proper, necessary and valid licenses applicable to the vendor's business and keep all such licenses available for inspection and in good standing while operating during Lights of the Ozarks. Any event or other reasonable fee charged by the Town Center Staff or the City of Fayetteville to defray costs to manage Lights of the Ozarks must be paid or the vendor shall be prohibited from operating in this event. "(E) Sidewalk vendors. Sidewalk vendors must comply with § 178.03 of the Unified Development Code and obtain proper permits from the Zoning and Development Administrator as well as the Fayetteville Town Center staff {which shall constitute compliance with § I 78.03(E)(2)) ." Section 2: Emergency Clause. That the City Council of the City of Fayetteville, Arkansas hereby determines that in order to preserve the peace, health and safety of its citizens enjoying the Lights of the Ozarks which begins in a few days, the City Council finds that an emergency situation has occurred such that this ordinance providing for the proper and safe management of the lights of the Ozarks event by the Town Center Staff should and will take effect immediately to preserve the peace, health and safety of the Fayetteville Citizens. PASSED and APPROVED this 17`" day of November, 2009. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer FAYETTEVILLE CODE OF ORDINANCES TITLE XI BUSINESS REGULATIONS CHAPTER 114: FOOD SALES 114.01 Drive-In Restaurants This marketplace shall be located on the interior parking spaces (those parking spaces adjoining the (A) A drive-in restaurant, within the meaning of this Old Post Office) of the downtown square and on chapter, shall be deemed to be any restaurant the sidewalks adjoining these parking spaces. In where meals, sandwiches, ice cream, or other food, addition, on Saturday's only, parking spaces on the is served directly to or is permitted to be consumed east side of the East Street on the downtown by patrons in automobiles, motorcycles, or other square shall be available for vendors by closing the vehicles parked on the premises. street to through traffic. Vendors shall be permitted to park their vehicles at right angles to street curbs (B) Prohibited Ads. provided. no vehicle shall be permitted to extend into the street in such a manner as to obstruct the (1 ) It shall be unlawful for any person, while on or free flow of traffic; and no vehicle shall be parked adjacent to the premises of a drive-in within 15 feet of any fire plug. No vendor shall restaurant, to race the motor of any car, to obstruct pedestrian traffic on the public sidewalks of suddenly start or stop any car, or to make or the marketplace. cause to be made, any other loud or unseemly noise. (B) Days and hours. The marketplace established hereby may be opened on Tuesdays, Thursdays, (2) It shall also be unlawful for any other person and Saturdays, but shall not be open on any other parked on the premises of such restaurant, to day. This marketplace shall open no earlier than blow or cause to be blown any automobile 6:00 a.m. and shall close no later than 1 :00 p.m. horn or motorcycle horn at any time while so parked. (C) Articles permitted to be sold. The following articles may be sold at the marketplace established hereby: r•►'�. (3) It shall be unlawful for any patron or other vegetables, honey, rawjuices, molasses, fruit, and person on the premises of a drive-in other produce grown by the vendor thereof, plants, restaurant, whether in or out of an automobile, art work, craft work, and other processed farm to drink any intoxicating beverage of any products produced by the vendor thereof. All nature. products sold at the marketplace must be produced in compliance with all applicable regulations of the (4) It shall be unlawful for a group of three or more - State Department of Health. persons to congregate and linger at any location on the premises of a drive-in (D) Sanitation. Al the close of each market day, each restaurant. Persons so congregating and vendor shall be required to leave the marketplace lingering shall be deemed guilty of loitering. in a clean and sanitary condition, free from debris No person shall drive a motor vehicle on to the and insects. premises of a drive-in restaurant and then from said premises without parking such motor (E) Fee. The fee to be paid by each vendor for the use vehicle, unless there is no unoccupied parking of the marketplace shall be $5.00 per year plus ten space available on said premises. percent of gross proceeds realized by the vendor from sales at the marketplace. (5) It shall be unlawful for any person to leave any unoccupied motor vehicle on any drive-in (F) Use of public streets for business prohibited; restaurant parking lot and to leave the exception. It shall be unfawful for any person to premises thereof, except with the knowledge use any public street, public parking place, or public and consent of the operator of the restaurant. sidewalk, as a place of business except as authorized by this section; provided, any merchant (Code 1955, §§7A-1 , 7A-3. 7A4; Ord. No. 1706, 10.6-69; Code whose building is adjacent to a public sidewalk may 1991 , §114.01) conduct business thereon if pedestrian traffic is not obstructed thereby; provided further, the City Cross reference(s).Penalty, §114.99(A). Council may approve temporary use of a public street, place, or sidewalk as a marketplace where 114.02 Farmer's Market such use is part of an event, activity, or celebration of general public interest. The City Council may (A) Establishment, location, and parking restrictions. A - impose reasonable conditions on such use as are farmer's market is hereby established in the city. necessary to safeguard the public health, safety, �� CD114:3 r TITLE XV UNIFIED DEVELOPMENT CODE CHAPTER 178: SIDEWALK CAFES (C) Requirements: Sidewalk cafes shall meet the 178.01 Purpose following requirements in order to be approved: It is the purpose of this chapter to promote and encourage open air retail environments, while (1 ) Applicants requesting a license must provide preserving and protecting the health, safety and a detailed site plan and written description welfare of citizens by promoting opportunities and illustrating [ type, location and dimensions regulations for the creation of said exceptions within of all furniturree to be placed in the public right- the City. of-way. Sidewalk cafes may not be enclosed by fixed walls or other permanent structures. (Ord. 5185, 10-7-08) (2) Sidewalk cafes must be open to the air, 178.02 Sidewalk Cafes except that an awning or canopy conforming to requirements established by the Unified (A) Public rights-of-way are designed for free and Development Code and Building Code may unobstructed travel. However, the City of be constructed over the sidewalk cafe. In order to provide sufficient pedestrian Fayetteville recognizes that certain developed and developing areas in a traditional town form clearance, umbrellas must have 7 feet of Tree and clear space from the sidewalk are unique and that certain public amenities are not inconsistent with the underlying dedication for surface to the lower edge of the umbrella. the public right-of-way, as long as they do not (3) Property shall be kept clean and free of impede travel or interfere with the public safety. refuse with no permanent trash containers This ordinance is designed to encourage placed on the premises. pedestrian activity and make the urban environment more attractive. (4) All furnishings and fixtures must be of a (B) Sidewalk Cafe Authorization. The Planning temporary nature and shall be removed from Commission may issue a conditional use permit the public right-of-way and stored inside allowing a sidewalk cafe on part of a specified during nonoperational times. sidewalk after the applicant has notified adjoining (5) For sidewalk cafes using City right-of-way for property owners. In addition to the general operation, there shall be a minimum of five conditional use requirements, the Planning feet or 50% of the total sidewalk width for Commission shall ensure that no conditional use clearance, whichever is greater, to provide permit is granted, unless: adequate and unobstructed pedestrian (1 ) The proposed sidewalk cafe will not unduly movement. impact or impede the public's ability to travel (6) If at any time the sidewalk cafe is determined upon or use the sidewalk and any other to impede travel or interfere with the public affected public right-of-way, including public safety, as determined by the Planning utility easements. Division, the sidewalk cafe shall be removed. (2) Any necessary costs to relocate a utility or (7) One A-frame sandwich/menu board is widen the existing sidewalk to accommodate permitted within the sidewalk cafes' border the proposed sidewalk cafe must be paid by during hours of operation, subject to the ���yyyyyy the sidewalk cafe applicant. applicable regulations in Ch. 174: Signs for p (3) The sidewalk cafe applicant may be required the same. to post a surety bond or letter of credit (Ord. 5185, 10-7-08) sufficient to cover the cost of removing the sidewalk cafe if necessary for the city or 178.03 Sidewalk Vendors utility company to access pipes, lines, or other facilities. (A) Purpose. Public rights-of-way are designed for (4) The sidewalk cafe applicant must consent free and unobstructed travel. However, the City that the city or utility company may remove, of Fayetteville recognizes that certain without liability or compensation, part or all of development patterns with wide sidewalks are the sidewalk cafe, if necessary, to get unique and that certain public amenities are not access to a utility facility or improvement. inconsistent with the underlying dedication for the public right-of-way, as long as they do not impede travel or interfere with the public safety. CD178:3 Fayetteville Code of Ordinances This ordinance is designed to regulate open air (f) A site plan indicating the location and vending of goods on public rights-of-way. dimensions of the proposed use and (B) Sidewalk Vendor Authorization. The Zoning and device or pushcart. Development Administrator may issue a permit (g) A detailed scale drawing, picture or for a sidewalk vendor to use a specific sidewalk diagram and material specifications of or plaza location for specified hours to sell the device or pushcart to be used. specified goods for up to a one year period. In addition to the general use requirements, the (2) The permit issued shall not be transferable in Zoning and Development Administrator shall any manner. ensure that no permit is granted unless: (3) The permit is valid for one sidewalk vending (1 ) The applicant has obtained all necessary location only. permits from State or County authorities, including any Transient Merchant permit (D) Permitted Vending Products and Goods. requirements. (1 ) The City of Fayetteville permits the following (2) The applicant has submitted a sales and use types of goods for street vending in tax number, sales tax remittance forms and approved locations: an affidavit that the applicant has fully paid all sales and use taxes during the previous (a) Cut Flowers twelve months, if applicable. (3) The applicant has filed a HMR tax remittance (b) Food and Beverage form with the City of Fayetteville, when (2) All goods being sold from sidewalk vendors applicable. shall: (4) The applicant has notified all adjacent (a) Be located within the permitted area and property owners, by certified mail, of the be attended at all times. Sidewalk application. vendors shall not conduct transactions with vehicular traffic located in the right- (C) Permit Application. Each application for a permit of-way. to conduct business on a sidewalk shall be accompanied by a $100 application and permit (b) Not lead to or cause congestion or fee. Permits issued after July 1st shall be blocking of pedestrian traffic on the accompanied by a $50 application and permit sidewalk. fee. Each permit will expire at 3 a.m. on January 1st following the year issued. The permit fee shall (c) Involve a short transaction period to be collected prior to issuance of the permit complete the sale or render the service. (1 ) Application for a sidewalk vendor permit (d) Not cause undue noise or offensive shall include the following items in a format odors. acceptable to the Zoning and Development Administrator: (e) Be easily carried by pedestrians. (a) Name, address and contact information. (E) Location Requirements. Sidewalk vendors are permitted in specific locations in Fayetteville as a (b) Type of items sold or services rendered. use by right. These locations have been determined by the City Council to have adequate (c) A valid copy of all necessary permits sidewalk width, pedestrian traffic flow, and they required by State and County health minimize potential conflicts with existing authorities. businesses. Sidewalk vendors are not permitted to operate on days / times associated with (d) Proof of application for remittance of special events, unless they have been approved HMR tax to the City of Fayetteville. and granted a Special Events Permit from the organization coordinating the special event. Maps (e) Means to be used it conducting of approved locations are available in the business, including but not limited to, a Planning Division. The locations where street description of any mobile container or vending is allowed as a permitted use are: device to be used for transport or to display approved items or services. (1 ) North and West sidewalks in front of the Walton Arts Center. Sidewalk vendors may CD178:4 TITLE XV UNIFIED DEVELOPMENT CODE locate along West Avenue and Dickson St. in transparent enclosures, shall not exceed 5 front of the Walton Arts Center feet (2) Inside of the Fayetteville Square. Sidewalk (4) No permanent hardware shall be affixed to vendors may locate along sidewalks on all the sidewalk or adjacent buildings. sides of the interior of the downtown Fayetteville Square. On days / times that the (5) Mobile generators are prohibited. Farmers Market or other special events operate, sidewalk vendors shall only be (6) No sidewalk vendor may conduct business permitted if approved through the Farmers' on a sidewalk in any of the following places: Market or Special Event Permit process. (a) Within 10 feet of the intersection of the (F) Conditional Use Permit. if an applicant wishes to sidewalk with any other sidewalk. operate as a sidewalk vendor in a location other Sidewalk intersections shall be kept than those specifically approved by the City clear for pedestrian safety. Council, a conditional use permit must be obtained. Upon receipt of a conditional use (b) Within 10 feet of any handicapped permit application, the Planning Commission parking space, or access ramp. shall review the proposed permit operating area to determine if the said area is suitable for street (c) Within 15 feet of a fire hydrant. vending in accordance with this chapter. In making this determination, the Planning (d) Within 15 ft. of an entrance to a building. Commission shall consider the following criteria: (7) Street vending facilities shall be removed (1 ) The application meets all other criteria from the public right-of-way when not in use. established herein for a sidewalk vendor. Sidewalk vendors are only allowed to operate between the hours of 5 a.m. and 3 (2) The number of permits issued for the street a.m. All carts shall be removed from the vending location shall not exceed the public right-of-way during nonoperational capacity of the area in terms of maintaining hours. the use of the sidewalk as a public right-of- way. The Planning Commission shall (8) Sidewalk vendors shall display in a consider the width of sidewalk, the proximity prominent and visible manner the permit and location of existing street furniture, issued by the Planning Division. including• but not limited to: signposts, lamp posts, parking meters, bus shelters, (9) The Fire Marshal shall inspect and approve benches, phone booths, street trees and any food and beverage pushcart to assure newsstands, as well as the presence of bus the conformance of all cooking or heating stops, truck loading zones, or taxi stands to apparatus with the provisions of the City Fire determine whether the proposed use would Code. result in pedestrian or street congestion. (10) Sidewalk vendors who sell food and (G) Requirements. Sidewalk vendors conducting beverage are required to be permitted, and business on the sidewalks of the City of receive approval, through the Arkansas Fayetteville with a valid permit issued under this Department of Health and Human Services Chapter may transport and/or display approved for food related establishments. A copy of goods upon the approved mobile device or the permit issued by the State, and pushcart, under or subject to the following inspected and approved by the Washington conditions: County Health Department, shall be supplied to the Planning Division prior to Planning (1 ) The operating area shall not exceed 40 Division approval. square feet of sidewalk, which shall include the area of the mobile device, operator and (11 ) All sidewalk vendors must pick up and trash receptacle. The Planning Division will properly dispose of all paper, cardboard, provide a map of approved vendor locations. metal, plastic or other litter in any form (including cigarette butts) within the sidewalk (2) The length of the mobile device or pushcart area assigned to the vendor within thirty shall not exceed 6 feet and the width shall minutes of the end of daily operations. not exceed 3 feet. Failure to completely remove all such litter from the authorized sidewalk location shall (3) The height of the mobile device or pushcart, constitute a violation of the permit approval. excluding canopies, umbrellas, or CD178:5 Fayetteville Code of Ordinances 02) No sidewalk vendor shall solicit, berate or (e) Means to be used in conducting make any noise of any kind by vocalization business including but not limited to a or otherwise, for the purpose of advertising description of any mobile device to be or attracting attention to his wares. No used for transport or to display approved audible amplified music shall be permitted. items or services. (H) Signage. Sidewalk vendors shall obtain a sign (f) A detailed site plan and written permit from the Planning Division prior to the description illustrating the type, location, issuance of a permit to operate. Sidewalk and dimensions of the mobile vendor vendors are permitted a total of one (1 ) A-frame business including parking. sandwich/menu board subject to Ch. 174 Signs regulating these type of signs. The menu board (g) Written authorization, signed by the shall list the products and prices for the items property owner or legal representative of being vended. Only products or services record, stating that the transient available at the vending location shall be merchant business is permitted to displayed. operate on the subject property. (1) Revocation of the Sidewalk Vendor Permit. The (3) The permit issued shall not be transferable in Zoning and Development Administrator is any manner. authorized to revoke a sidewalk vendor's permit if it is determined that a violation of the (4) The permit is valid for one mobile vendor requirements of the Unified Development Code location only. has occurred. a-_ (5) The proposed use shall be a permitted use- (Ord. 5185, 10-7-08) by-right within the underlying zoning district 178.04 Outdoor Mobile Vendors Located in order to be permitted. On Private Property (6) A Temporary Certificate of Zoning Compliance (90 days) shall be approved by (A) Purpose. To permit outdoor mobile vendors, also the Planning Division. known as transient merchants, to operate on private property while preserving and protecting (7) Outdoor mobile vendors are allowed on a the health, safety and welfare of citizens. temporary basis (90 days), by nature of their v temporary occupancy, in one location over a (8) Requirements. Transient merchants located on one-year (twelve month) timeframe. Outdoor private property shall meet the following mobile vendors may move to a different requirements and submittals prior to approval: location after this 90-day period has expired. However, a new Outdoor Mobile Vendor (1 ) Permit Application. Each application for a Application will have to be reviewed and permit to conduct a transient merchant approved by the Planning Division for a new business shall be accompanied by a $50 location. permit review and processing fee. (8) Outdoor mobile vendors shall be in (2) Application for a permit to conduct a compliance with parking lot requirements for transient merchant business shall include the any existing and the proposed business. following items in a format acceptable to the The number of required parking spaces is Zoning and Development Administrator: determined by the use and size of the proposed transient merchant business, and (a) Name, address and contact information. by the use and size of the existing business. Parking spaces on the property where the (b) Type of items sold or services rendered. outdoor mobile vendor is located shall be A change in product or service will paved and striped in order to be utilized. The require a new permit to be issued. use of parking for an out door mobile vendor may not reduce the number of spaces (c) A valid copy of all necessary permits necessary for other uses occurring on the required by State and County health property. An adequate number of parking authorities. spaces for the existing businesses and the outdoor mobile vendor must be provided (d) Proof of application for remittance of onsite. The location of the outdoor mobile HMR tax to the City of Fayetteville. vendor shall not impede traffic flow or create a dangerous traffic condition, as determined CD178:6 NORTHWEST ARKANSAS NEWSPAPERS Northwest Arkansas Democrat Gazette The Morning News of Springdale The Morning News of Rogers Northwest Arkansas Times Benton County Daily Record 212 North East Avenue, Fayetteville Arkansas 72701 / PO Box 1607, 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 5286 November 25, 2009 Publication Charge : $ 150.64 Signed: ___ �Lv ______ duk7) Subscribed and sworn to before me This �Q day of &II& JVA., , 2009 . Notary Public My Commission Expires: 7iY1 ' ETH q. Do not pay from Affidavit, an invoice will be sent NaTARy °'%d.-6j ; 4 6