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HomeMy WebLinkAboutOrdinance 5459 ORDINANCE NO. 5459 AN ORDINANCE TO AMEND §178.03 SIDEWALK VENDORS OF THE UNIFIED DEVELOPMENT CODE TO CLARIFY CART REQUIREMENTS WHEREAS, Planning Staff and the Fire Marshall's office have recommended modifications to §178.03 Sidewalk Vendors to clarify food cart requirements and to require exhaust hoods for enclosed carts; and WHEREAS, the Planning Commission has unanimously recommended these amendments. 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 all of §178.03 Sidewalk Vendors and enacts a replacement §178.03 Sidewalk Vendors with the recommended amendments as attached as Exhibit A. PASSED and APPROVED this 15''day of November, 2011. APPROVED: ATTEST: By: l�'� By: �u ! _ ION15' O AN, Mayor SONDRA E. SMITH, City Clerk/Treasurer °°°1799911IP/// \0�Gle y :FAYETTEVILLE; 9s ° CANS •J . °O IVG+ONb,Go 178.03 Sidewalk Vendors (b) Type of items sold or services rendered. (A) Purpose. Public rights-of-way are designed for free and unobstructed travel. However, (c) A valid copy of all necessary the City of Fayetteville recognizes that permits required by State and certain development patterns with wide County health authorities. sidewalks are unique and that certain public amenities are not inconsistent with the (d) Proof of application for remittance underlying dedication for the public right-of- of HMR tax to the City of way, as long as they do not impede travel or Fayetteville. interfere with the public safety. This ordinance is designed to regulate open air (e) Means to be used in conducting vending of goods on public rights-of-way. business, including but not limited to, a description of any mobile (B) Sidewalk Vendor Authorization. The Zoning container or device to be used for and Development Administrator may issue a transport or to display approved permit for a sidewalk vendor to use a specific items or services. sidewalk or plaza location for specified hours to sell specified goods for up to a one year (fl A site plan indicating the location period. In addition to the general use and dimensions of the proposed requirements, the Zoning and Development use and device or pushcart. Administrator shall ensure that no permit is granted unless: (g) A detailed scale drawing, picture or diagram and material specifications (1) The applicant has obtained all of the device or pushcart to be necessary permits from State or County used. authorities, including any Transient Merchant permit requirements. (2) The permit issued shall not be transferable in any manner. (2) The applicant has submitted a sales and use tax number, sales tax remittance (3) The permit is valid for one sidewalk forms and an affidavit that the applicant vending location only. has fully paid all sales and use taxes during the previous twelve months, if (D) Pennitted Vending Products and Goods. applicable. (1) The City of Fayetteville permits the (3) The applicant has filed a HMR tax following types of goods for street remittance form with the City of vending in approved locations: Fayetteville,when applicable. (a) Cut Flowers (4) The applicant has notified all adjacent property owners, by certified mail, of the (b) Food and Beverage application. (c) Arts and Crafts: Only objects of art (C) Permit Application. Each application for a or craft produced and sold by a permit to conduct business on a sidewalk local artist or craft person may be shall be accompanied by a $100 application sold by street vendors. and permit fee. Permits issued after July 1 st shall be accompanied by a $50 application (2) All goods being sold from sidewalk and permit fee. Each permit will expire at 3 vendors shall: a.m. on January 1st following the year issued. The permit fee shall be collected (a) Be located within the permitted area prior to issuance of the permit and be attended at all times. Sidewalk vendors shall not conduct (1) Application for a sidewalk vendor permit transactions with vehicular traffic shall include the following items in a located in the right-of-way. format acceptable to the Zoning and Development Administrator: (b) Not lead to or cause congestion or blocking of pedestrian traffic on the (a) Name, address and contact sidewalk. information. (c) Involve a short transaction period to operating area may be considered by complete the sale or render the the Planning Commission as a variance service. and does not require conditional use permit review. The determination of a (d) Not cause undue noise or offensive larger cart size and/or operation area odors. shall be subject to the variance criteria in Chapter 156.03(C). (e) Be easily carried by pedestrians. (2) The number of permits issued for the (E) Location Requirements. Sidewalk vendors street vending location shall not exceed are permitted in specific locations in the capacity of the area in terms of Fayetteville as a use by right. These maintaining the use of the sidewalk as a locations have been determined by the City public right-of-way. The Planning Council to have adequate sidewalk width, Commission shall consider the width of pedestrian traffic flow, and they minimize sidewalk, the proximity and location of potential conflicts with existing businesses. existing street furniture, including, but Sidewalk vendors are not permitted to not limited to: signposts, lamp posts, operate on days / times associated with parking meters, bus shelters, benches, special events, unless they have been phone booths, street trees and approved and granted a Special Events newsstands, as well as the presence of Permit from the organization coordinating the bus stops, truck loading zones, or taxi special event. Maps of approved locations stands to determine whether the are available in the Planning Division. The proposed use would result in pedestrian locations where street vending is allowed as or street congestion. a permitted use are: (G) Requirements. Sidewalk vendors conducting (1) North and West sidewalks in front of the business on the sidewalks of the City of Walton Arts Center. Sidewalk vendors Fayetteville with a valid permit issued under may locate along West Avenue and this Chapter may transport and/or display Dickson St. in front of the Walton Arts approved goods upon the approved mobile Center device or pushcart, under or subject to the following conditions: (2) Inside of the Fayetteville Square. Sidewalk vendors may locate along (1) The operating area shall not exceed 40 sidewalks on all sides of the interior of square feet of sidewalk, which shall the downtown Fayetteville Square. On include the area of the mobile device, days/times that the Farmers' Market or operator and trash receptacle. The other special events operate, sidewalk Planning Division will provide a map of vendors shall only be permitted if approved vendor locations. approved through the Farmers' Market or Special Event Permit process. (2) The length of the mobile device or cart shall not exceed 7 feet, including the (F) Conditional Use Permit. If an applicant cart's trailer tongue or hitch that is not wishes to operate as a sidewalk vendor in a removed or collapsible, and any location other than those specifically propane tanks or other attachments to approved by the City Council, a conditional the mobile device. The width shall not use permit must be obtained. Upon receipt of exceed 4 feet, including the carts wheel a conditional use permit application, the wells or tires, and any accessory Planning Commission shall review the components of the cart such as proposed permit operating area to determine retractable or collapsible sinks or if the said area is suitable for street vending shelves. in accordance with this chapter. In making this determination, the Planning Commission (3) The height of the mobile device or shall consider the following criteria: pushcart, excluding canopies, umbrellas, or transparent enclosures, (1) The application meets all other criteria shall not exceed 5 feet. established herein for a sidewalk vendor, with the exception that the (4) No permanent hardware shall be affixed applicant may request that the cart, to the sidewalk or adjacent buildings. and/or operating area, may be larger than the dimension required in this (5) Mobile generators are prohibited. chapter. An increase in cart size or (6) No sidewalk vendor may conduct up and properly dispose of all paper, business on a sidewalk in any of the cardboard, metal, plastic or other litter in following places: any form (including cigarette butts) within the sidewalk area assigned to the (a) Within 10 feet of the intersection of vendor within thirty minutes of the end of the sidewalk with any other daily operations. Failure to completely sidewalk. Sidewalk intersections remove all such litter from the shall be kept clear for pedestrian authorized sidewalk location shall safety. constitute a violation of the permit approval. (b) Within 10 feet of any handicapped parking space,or access ramp. (12)No sidewalk vendor shall solicit, berate or make any noise of any kind by (c) Within 15 feet of a fire hydrant. vocalization or otherwise, for the purpose of advertising or attracting (d) Within 15 ft. of an entrance to a attention to his wares. No audible building. amplified music shall be permitted. (7) Street vending facilities shall be (H) Signage. Sidewalk vendors shall obtain a removed from the public right-of-way sign permit from the Planning Division prior when not in use. Sidewalk vendors are to the issuance of a permit to operate. only allowed to operate between the Sidewalk vendors are permitted a total of hours of 5 a.m. and 3 a.m.All carts shall one (1) A-frame sandwich/menu board be removed from the public right-of-way subject to Ch. 174 Signs regulating these during non-operational hours. types of signs. The menu board shall list the products and prices for the items being (8) Prior to final approval, Planning Staff vended. Only products or services available shall inspect the sidewalk vendor set up at the vending location shall be displayed. in the proposed location. The applicant shall make an appointment between the (1) Revocation of the Sidewalk Vendor Permit. hours of 8 a.m. to 5 p.m. in which The Zoning and Development Administrator Planning Staff will inspect the cart and is authorized to revoke a sidewalk vendor's all proposed accessories such as permit if it is determined that a violation of coolers, trash receptacle, chairs, etc. the requirements of the Unified Development that the applicant is proposing for the Code has occurred. site. Upon approval, sidewalk vendors shall display in a prominent and visible (Ord.5185, 10-7-08;Ord.5321,5-18-10) manner the permit issued by the Planning Division. 178.04 Outdoor Mobile Vendors (g) The Fire Marshal shall inspect and Located On Private Property 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, (g) 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)Sidewalk vendors are required to transient merchant business shall provide a trash receptacle for public use include the following items in a format located within their permitted operating acceptable to the Zoning and space. All sidewalk vendors must pick Development Administrator: timeframe. Outdoor mobile vendors (a) Name, address and contact may move to a different location after information. this 90-day period has expired. However, a new Outdoor Mobile Vendor (b) Type of items sold or services Application will have to be reviewed and rendered. A change in product or approved by the Planning Division for a service will require a new permit to new location. be issued. (8) Outdoor mobile vendors shall be in (c) A valid copy of all necessary compliance with parking lot permits required by State and requirements for any existing and the County health authorities. proposed business. The number of required parking spaces is determined (d) Proof of application for remittance by the use and size of the proposed of HMR tax to the City of transient merchant business, and by the Fayetteville. use and size of the existing business. Parking spaces on the property where (e) Means to be used in conducting the outdoor mobile vendor is located business including but not limited to shall be paved and striped in order to be a description of any mobile device utilized. The use of parking for an out to be used for transport or to door mobile vendor may not reduce the display approved items or services. number of spaces necessary for other uses occurring on the property. An (f) A detailed site plan and written adequate number of parking spaces for description illustrating the type, the existing businesses and the outdoor location, and dimensions of the mobile vendor must be provided onsite. mobile vendor business including The location of the outdoor mobile parking. vendor shall not impede traffic flow or create a dangerous traffic condition, as (g) Written authorization, signed by the determined by Planning Division upon property owner or legal review of the site plan. representative of record, stating that the transient merchant (9) The Fayetteville Fire Marshall shall business is permitted to operate on inspect and approve all permitted the subject property. outdoor mobile vendors that are set up to cook food and shall require a Type I (3) The permit issued shall not be hood at or above all commercial cooking transferable in any manner. appliances and domestic cooking appliances used for commercial (4) The permit is valid for one mobile purposes that produce grease vapors. vendor location only. Commercial kitchen exhaust hoods shall comply with the requirements of the (5) The proposed use shall be a permitted International Mechanical Code. use-by-right within the underlying zoning district in order to be permitted. Commercial cooking appliances required to have a Type I hood shall be (6) A Temporary Certificate of Zoning provided with an approved automatic Compliance(90 days)shall be approved fire suppression system complying with by the Planning Division. the Arkansas Fire Prevention Code, Volumes I and IL (7) Outdoor mobile vendors are allowed on a temporary basis (90 days), by nature of their temporary occupancy, in one (Ord.5185, 10-7-08) location over a one-year (twelve month) City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 11/15/2011 City Council Meeting Date Agenda Items Only Leif Olson Sustainability and Strategic Planning Submitted By Department Action Required: ADM 11-3932:(UDC Chapter 178:Outdoor Vendors): Submitted by CITY PLANNING STAFF. The proposal is to amend Chapter 178: Outdoor Vendors to clarify and modify language regarding sidewalk and 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 /0225//( Previous Ordinance or Resolution# Dept Director Date Original Contract Date: Original Contract Number: City Attorney Date — �u — :�`'�� 16-3,-U, 10-21-1 1 P01 :44 RCVD Finance and Internal Services Director Date Received in City Clerk's Office m v i YV e Chief of ff Date EST E Received in p Mayor's Office r f M or to Comments: �a % eVl e THE CITY OF FAYETTEVILLE,ARKANSAS CDEPARTMENT CORRESPONDENCE ARKANSAS CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Don Marr, Chief of Staff Jeremy Pate, Development Services Director John Coleman, Sustainability and Strategic Planning Director From: Leif Olson, Planner Date: October 18, 2011 Subject: ADM 11-3932 Outdoor Vendors Ordinance Amendments RECOMMENDATION Staff and the Planning Commission recommends approval of an ordinance amending Chapter 178: Outdoor Vendors. BACKGROUND In 2008 the City adopted Chapter 178: Outdoor Vendors and in the subsequent years has approved numerous sidewalk and mobile truck vendors to operate in the City. In 2010 the ordinance was amended to include a process for an applicant to request a conditional use permit to operate in locations not pre-approved by the City, for carts that do not meet the size requirements, or to vend arts and crafts products. Staff believes that the outdoor vendor ordinance has been very successful. Staff has observed some recurrent issues regarding the language of the ordinance as it pertains to the permitted size and measurements of the cart. In order to better administer the ordinance staff proposes amendments related to cart size and inspections and the approval process for increases in cart size. Additionally, the Fire Marshall requests adding language to section 178.04 Outdoor Mobile Vendors Located on Private Property that requires commercial kitchen exhaust hoods for outdoor mobile vendors that cook foods that produce grease vapors DISCUSSION On September 12, 2011 the Planning Commission voted 6-1-0 in favor of a recommendation of approval for ADM 11-3932 Outdoor Vendor Ordinance Amendments. BUDGET IMPACT None. ORDINANCE NO. AN ORDINANCE TO AMEND §178.03 SIDEWALK VENDORS OF THE UNIFIED DEVELOPMENT CODE TO CLARIFY CART REQUIREMENTS WHEREAS, Planning Staff and the Fire Marshall's office have recommended modifications to §178.03 Sidewalk Vendors to clarify food cart requirements and to require exhaust hoods for enclosed carts; and WHEREAS, the Planning Commission has unanimously recommended these amendments. 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 all of §178.03 Sidewalk Vendors and enacts a replacement §178.03 Sidewalk Vendors with the recommended amendments as attached as Exhibit A. PASSED and APPROVED this 15th day of November, 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer 178.03 Sidewalk Vendors (b) Type of items sold or services rendered. (A) Purpose. Public rights-of-way are designed for free and unobstructed travel. However, (c) A valid copy of all necessary the City of Fayetteville recognizes that permits required by State and certain development patterns with wide County health authorities. sidewalks are unique and that certain public amenities are not inconsistent with the (d) Proof of application for remittance underlying dedication for the public right-of- of HMR tax to the City of way, as long as they do not impede travel or Fayetteville. interfere with the public safety. This ordinance is designed to regulate open air (e) Means to be used in conducting vending of goods on public rights-of-way. business, including but not limited to, a description of any mobile (B) Sidewalk Vendor Authorization. The Zoning container or device to be used for and Development Administrator may issue a transport or to display approved permit for a sidewalk vendor to use a specific items or services. sidewalk or plaza location for specified hours to sell specified goods for up to a one year (f) A site plan indicating the location period. In addition to the general use and dimensions of the proposed requirements, the Zoning and Development use and device or pushcart. Administrator shall ensure that no permit is granted unless: (g) A detailed scale drawing, picture or diagram and material specifications (1) The applicant has obtained all of the device or pushcart to be necessary permits from State or County used. authorities, including any Transient Merchant permit requirements. (2) The permit issued shall not be transferable in any manner. (2) The applicant has submitted a sales and use tax number, sales tax remittance (3) The permit is valid for one sidewalk forms and an affidavit that the applicant vending location only. has fully paid all sales and use taxes during the previous twelve months, if (D) Permitted Vending Products and Goods. applicable. (1) The City of Fayetteville permits the (3) The applicant has filed a HMR tax following types of goods for street remittance form with the City of vending in approved locations: Fayetteville,when applicable. (a) Cut Flowers (4) The applicant has notified all adjacent property owners, by certified mail, of the (b) Food and Beverage application. (c) Arts and Crafts: Only objects of art (C) Permit Application. Each application for a or craft produced and sold by a permit to conduct business on a sidewalk local artist or craft person may be shall be accompanied by a $100 application sold by street vendors. and permit fee. Permits issued after July 1st shall be accompanied by a $50 application (2) All goods being sold from sidewalk and permit fee. Each permit will expire at 3 vendors shall: a.m. on January 1st following the year issued. The permit fee shall be collected (a) Be located within the permitted area prior to issuance of the permit and be attended at all times. Sidewalk vendors shall not conduct (1) Application for a sidewalk vendor permit transactions with vehicular traffic shall include the following items in a located in the right-of-way. format acceptable to the Zoning and Development Administrator: (b) Not lead to or cause congestion or blocking of pedestrian traffic on the (a) Name, address and contact sidewalk. information. (c) Involve a short transaction period to complete the sale or render the (2) The number of permits issued for the service. street vending location shall not exceed the capacity of the area in terms of (d) Not cause undue noise or offensive maintaining the use of the sidewalk as a odors. public right-of-way. The Planning Commission shall consider the width of (e) Be easily carried by pedestrians. sidewalk, the proximity and location of existing street furniture, including, but (E) Location Requirements. Sidewalk vendors not limited to: signposts, lamp posts, are permitted in specific locations in parking meters, bus shelters, benches, Fayetteville as a use by right. These phone booths, street trees and locations have been determined by the City newsstands, as well as the presence of Council to have adequate sidewalk width, bus stops, truck loading zones, or taxi pedestrian traffic flow, and they minimize stands to determine whether the potential conflicts with existing businesses. proposed use would result in pedestrian Sidewalk vendors are not permitted to or street congestion. operate on days / times associated with special events, unless they have been (G) Requirements. Sidewalk vendors conducting approved and granted a Special Events business on the sidewalks of the City of Permit from the organization coordinating the Fayetteville with a valid permit issued under special event. Maps of approved locations this Chapter may transport and/or display are available in the Planning Division. The approved goods upon the approved mobile locations where street vending is allowed as device or pushcart, under or subject to the a permitted use are: following conditions: (1) North and West sidewalks in front of the (1) The operating area shall not exceed 40 Walton Arts Center. Sidewalk vendors square feet of sidewalk, which shall may locate along West Avenue and include the area of the mobile device, Dickson St. in front of the Walton Arts operator and trash receptacle. The Center Planning Division will provide a map of approved vendor locations. (2) Inside of the Fayetteville Square. Sidewalk vendors may locate along (2) The length of the mobile device or cart sidewalks on all sides of the interior of shall not exceed 6 7 feet, including the the downtown Fayetteville Square. On cart's trailer tongue or hitch that is days/times that the Farmers' Market or not removed or collapsible, and any other special events operate, sidewalk propane tanks or other attachments vendors shall only be permitted if to the mobile device. The width shall approved through the Farmers' Market not exceed 3 4 feet, including the carts or Special Event Permit process. wheel wells or tires,and any accessory components of the cart such as (F) Conditional Use Permit. If an applicant retractable or collapsible sinks or wishes to operate as a sidewalk vendor in a shelves. location other than those specifically approved by the City Council, a conditional (3) The height of the mobile device or use permit must be obtained. Upon receipt of pushcart, excluding canopies, a conditional use permit application, the umbrellas, or transparent enclosures, Planning Commission shall review the shall not exceed 5 feet. proposed permit operating area to determine if the said area is suitable for street vending (4) No permanent hardware shall be affixed in accordance with this chapter. In making to the sidewalk or adjacent buildings. this determination, the Planning Commission shall consider the following criteria: (5) Mobile generators are prohibited. (1) The application meets all other criteria (6) No sidewalk vendor may conduct established herein for a sidewalk business on a sidewalk in any of the vendor, with the exception that the following places: applicant may request that the cart, and/or operating area, may be larger (a) Within 10 feet of the intersection of than the dimension required in this the sidewalk with any other chapter. sidewalk. Sidewalk intersections shall be kept clear for pedestrian completely remove all such litter from safety. the authorized sidewalk location shall constitute a violation of the permit (b) Within 10 feet of any handicapped approval. parking space,or access ramp. (12)No sidewalk vendor shall solicit, berate (c) Within 15 feet of a fire hydrant. or make any noise of any kind by vocalization or otherwise, for the (d) Within 15 ft. of an entrance to a purpose of advertising or attracting building. attention to his wares. No audible amplified music shall be permitted. (7) Street vending facilities shall be removed from the public right-of-way (H) Signage. Sidewalk vendors shall obtain a when not in use. Sidewalk vendors are sign permit from the Planning Division prior only allowed to operate between the to the issuance of a permit to operate. hours of 5 a.m. and 3 a.m.All carts shall Sidewalk vendors are permitted a total of be removed from the public right-of-way one (1) A-frame sandwich/menu board during non-operational hours. subject to Ch. 174 Signs regulating these types of signs. The menu board shall list the (8) Prior to final approval, Planning Staff products and prices for the items being shall inspect the sidewalk vendor set vended. Only products or services available up in the proposed location. The at the vending location shall be displayed. applicant shall make an appointment between the hours of 8 a.m.to 5 p.m. (1) Revocation of the Sidewalk Vendor Permit. in which Planning Staff will inspect The Zoning and Development Administrator the cart and all proposed accessories is authorized to revoke a sidewalk vendor's such as coolers, trash receptacle, permit if it is determined that a violation of chairs, etc. that the applicant is the requirements of the Unified Development proposing for the site. Upon Code has occurred. approval, sidewalk vendors shall display in a prominent and visible (Ord.5185, 10-7-08;Ord.5321,5-18-10) manner the permit issued by the Planning Division. 178.04 Outdoor Mobile Vendors (9) The Fire Marshal shall inspect and Located On Private Property 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, (g) 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. 11 Sidewalk vendors are required to (2) Application for a permit to conduct a ( ) q transient merchant business shall provide a trash receptacle for public include the following items in a format use located within their permitted acceptable to the Zoning and operating space. All sidewalk vendors Development Administrator: must pick up and properly dispose of all paper, cardboard, metal, plastic or other (a) Name, address and contact litter in any form (including cigarette information. butts)within the sidewalk area assigned to the vendor within thirty minutes of the (b) Type of items sold or services end of daily operations. Failure to rendered. A change in product or service will require a new permit to this 90-day period has expired. be issued. However, a new Outdoor Mobile Vendor Application will have to be reviewed and (c) A valid copy of all necessary approved by the Planning Division for a permits required by State and new location. County health authorities. (8) Outdoor mobile vendors shall be in (d) Proof of application for remittance compliance with parking lot of HMR tax to the City of requirements for any existing and the Fayetteville. proposed business. The number of required parking spaces is determined (e) Means to be used in conducting by the use and size of the proposed business including but not limited to transient merchant business, and by the a description of any mobile device use and size of the existing business. to be used for transport or to Parking spaces on the property where display approved items or services. the outdoor mobile vendor is located shall be paved and striped in order to be (f) A detailed site plan and written utilized. The use of parking for an out description illustrating the type, door mobile vendor may not reduce the location, and dimensions of the number of spaces necessary for other mobile vendor business including uses occurring on the property. An parking. adequate number of parking spaces for the existing businesses and the outdoor (g) Written authorization, signed by the mobile vendor must be provided onsite. property owner or legal The location of the outdoor mobile representative of record, stating vendor shall not impede traffic flow or that the transient merchant create a dangerous traffic condition, as business is permitted to operate on determined by Planning Division upon the subject.property. review of the site plan. (3) The permit issued shall not be (9) The Fayetteville Fire Marshall shall transferable in any manner. inspect and approve all permitted outdoor mobile vendors that are set (4) The permit is valid for one mobile up to cook food and shall require a vendor location only. Type I hood at or above all commercial cooking appliances and (5) The proposed use shall be a permitted domestic cooking appliances used use-by-right within the underlying zoning for commercial purposes that district in order to be permitted. produce grease vapors. Commercial kitchen exhaust hoods shall comply (6) A Temporary Certificate of Zoning with the requirements of the Compliance (90 days) shall be approved International Mechanical Code. by the Planning Division. Commercial cooking appliances (7) Outdoor mobile vendors are allowed on required to have a Type I hood shall a temporary basis (90 days), by nature be provided with an approved of their temporary occupancy, in one automatic fire suppression system location over a one-year (twelve month) complying with the Arkansas Fire timeframe. Outdoor mobile vendors Prevention Code, Volumes I and II. may move to a different location after (Ord.5185, 10-7-08)