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Home My WebLink AboutOrdinance 5321 ORDINANCE NO. 5321 AN ORDINANCE AMENDING TITLE XV: UNIFIED DEVELOPMENT CODE OF THE CITY OF FAYETTEVILLE, TO AMEND CHAPTER 178: OUTDOOR VENDORS TO ALLOW FOR THE SALE OF LOCALLY PRODUCED ARTS AND CRAFTS BY OUTDOOR VENDORS ON PUBLIC SIDEWALKS AND TO PERMIT CONSIDERATION OF LARGER VENDING CARTS FOR SPECIFIC LOCATIONS AS A CONDITIONAL USE PERMIT BY THE PLANNING COMMISSION. WHEREAS, the City of Fayetteville adopted an ordinance supporting outdoor vendors in 2008; and WHEREAS, a member of the City Council has requested that the City consider allowing sidewalk vendors to sell locally produced arts and crafts; and WHEREAS, staff recommends that the Planning Commission, by conditional use permit, be given the additional flexibility to permit larger vending carts where they are appropriately located and meet all pedestrian and ADA requirements, 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 the Unified Development Code §178.03(D)(1) by inserting the following subsection language: 178.03(D)(1)(c) "Arts and Crafts: Only objects of art or craft produced and sold by a local artist or craft person may be sold by street vendors." Section 2.That the City Council of the City of Fayetteville,Arkansas hereby amends the Unified Development Code §178.03(F)(1)by repealing the existing language and replacing with the following language: 178.03(F)(1) "The application meets all other criteria established herein for a sidewalk vendor, with the exception that the applicant may request that the cart, and/or operating area,may be larger than the dimension required in this chapter." „11911111fr”' ®�� K/TR�°``'® PASSED and APPROVED this 181h day of May,2010. ,v; FAYETTEVILLE 0 0 APPROVED: ATTEST: 0 S icy •° °• ©Je`a By: x By: OP ELD JO Mvplmayor SONDRA E. SMITH,City Clerk ALDERMAN AGENDA REQUEST FORM FOR: COUNCIL MEETING OF May 18, 2010 . FROM: Matthew Petty ORDINANCE OR RESOLUTION TITLE AND SUBJECT: ADM 10-3549: (UDC AMENDMENT CH. 178: Outdoor Vendors): An ordinance to amend the Unified Development Code to allow for the sale of locally produced arts and crafts and to permit applicants to request larger vending carts for locations approved as a conditional use by the Planning Commission. APPROVED FOR AGENDA: Coun it Memb r Mat hew Petty Date Prepared by: zo 10 Leif Ol n Date Associate Planner THE CITY OF FAY TTE ILLS,ARKANSAS DEPARTMENT CORRESPONDENCE ARKA,SASIN' WHO s CITY COUNCIL AGENDA MEMO To: Mayor and City Council �Q Thru: Jeremy Pate, Development Services Director 0\ From: Leif Olson,Associate Planner Date: April 27, 2010 Subject: Unified Development Code amendment to Ch. 178: Outdoor Vendors PROPOSAL: The Development Services Division recommends approval of an ordinance to amend the Unified Development Code Chapter 178: Outdoor Vendors in order to allow for the sale of locally produced arts and crafts and to permit applicants to request larger vending carts for locations approved as a conditional use. RECOMMENDATION: Alderman Petty requested that the City consider amending Chapter 178: Outdoor Vending by allowing sidewalk vendors to sell locally produced arts and crafts and to allow applicants to request carts that are larger than the minimum standard for applicants seeking a permit through the conditional use permit process. Alderman Petty, the City Attorney and Staff worked on drafting the proposed language for this UDC amendments. Development Services staff supports the proposed UDC amendments. This item was discussed at the April 21, 2010 City Council Ordinance Review Committee meeting and it was forwarded to the full City Council with a recommendation for approval with a 3-0-1 vote. BUDGET IMPACT: No budget impact. ORDINANCE NO. AN ORDINANCE AMENDING TITLE XV: UNIFIED DEVELOPMENT CODE OF THE CITY OF FAYETTEVILLE, TO AMEND CHAPTER 178: OUTDOOR VENDORS TO ALLOW FOR THE SALE OF LOCALLY PRODUCED ARTS AND CRAFTS BY OUTDOOR VENDORS ON PUBLIC SIDEWALKS AND TO PERMIT CONSIDERATION OF LARGER VENDING CARTS FOR SPECIFIC LOCATIONS AS . A CONDITIONAL USE PERMIT BY THE PLANNING COMMISSION. WHEREAS,the City of Fayetteville adopted an ordinance supporting outdoor vendors in 2008;and WHEREAS, a member of the City Council has requested that the City consider allowing sidewalk vendors to sell locally produced arts and crafts; and WHEREAS, staff recommends that the Planning Commission, by conditional use permit, be given the additional flexibility to permit larger vending carts where they are appropriately located and meet all pedestrian and ADA requirements, 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 the Unified Development Code §178.03(D)(1)by inserting the following subsection language: 178.03(D)(1)(c) "Arts and Crafts: Only objects of art or craft produced and sold by a local artist or craft person may be sold by street vendors." Section 2.That the City Council of the City of Fayetteville,Arkansas hereby amends the Unified Development Code §178.03(F)(1)by repealing the existing language and replacing with the following language: 178.03(F)(1) "The application meets all other criteria established herein for a sidewalk vendor,with the exception that the applicant may request that the cart, and/or operating area, may be larger than the dimension required in this chapter." PASSED and APPROVED this day of ,2010. APPROVED: ATTEST: By: By: LIONELD JORDAN,Mayor SONDRA E. SMITH,City Clerk �, T1T�.'E XV UNIFIED DEVELtJPMENT CODE = 178.01 PURPOSE...........................................................................................................................................3 178.02 SIDEWALK CAFES............................................................................................................................3 178.03 SIDEWALK VENDORS.......................................................................................................................3 178.04 OUTDOOR MOBILE VENDORS LOCATED ON PRIVATE PROPERTY..........................................6 178.05 TRANSIENT MERCHANTS................................................................................................................7 178.06-178.99 RESERVED.............................................................................................................................7 CD178:1 TITLE XV UNIFIED DEVELOPMENT CODE CHAPTER 178: OUTDOOR VENDORS CD 178:2 TITLE XV UNIFIED DEVELOPMENT CODE (C) Requirements:Sidewalk cafes shall meet the 178.01 Purpose following requirements in order to be It is the purpose of this chapter to promote and approved: encourage open air retail environments, while preserving and protecting the health, safety and (1) Applicants requesting a license must welfare of citizens by promoting opportunities and provide a detailed site plan and written description illustrating the type, location regulations for the creation of said exceptions within the City. and dimensions of all furniture to be placed in the public right-of-way. (Ord.5185, 10-7-08) Sidewalk cafes may not be enclosed by fixed walls or other permanent 178.02 Sidewalk Cafes structures. (A) Public rights-of-way are designed for free (2) Sidewalk cafes must be open to the air, and unobstructed travel. However, the City except that an awning or canopy of Fayetteville recognizes that certain conforming to requirements established developed and developing areas in a by the Unified Development Code and traditional town form are unique and that Building Code may be constructed over certain public amenities are not inconsistent the sidewalk cafe. In order to provide with the underlying dedication for the public sufficient pedestrian clearance, right-of-way, as long as they do not impede umbrellas must have 7 feet of free and travel or interfere with the public safety. This clear space from the sidewalk surface to ordinance is designed to encourage the lower edge of the umbrella. pedestrian activity and make the urban (3) Property shall be kept clean and free of environment more attractive. refuse with no permanent trash (B) Sidewalk Cafe Authorization. The Planning containers placed on the premises. Commission may issue a conditional use (4) All furnishings and fixtures must be of a permit allowing a sidewalk cafe on part of a temporary nature and shall be removed specified sidewalk after the applicant has from the public right-of-way and stored notified adjoining property owners. In inside during non-operational times. addition to the general conditional use requirements, the Planning Commission (5) For sidewalk cafes using City right-of- shall ensure that no conditional use permit is way for operation, there shall be a granted, unless: minimum of five feet or 50% of the total (1) The proposed sidewalk cafe will not sidewalk width for clearance, whichever unduly impact or impede the public's is greater, to provide adequate and ability to travel upon or use the sidewalk unobstructed pedestrian movement. and any other affected public right-of- (6) If at any time the sidewalk cafe is way, including public utility easements. determined to impede travel or interfere (2) Any necessary costs to relocate a utility with the public safety, as determined by or widen the existing sidewalk to the Planning Division, the sidewalk cafe accommodate the proposed sidewalk shall be removed. cafe must be paid by the sidewalk cafe (7) One A-frame sandwich/menu board is applicant. permitted within the sidewalk cafes' (3) The sidewalk caf6 applicant may be border during hours of operation, required to post a surety bond or letter subject to the applicable regulations in of credit sufficient to cover the cost of Ch. 174:Signs for the same. removing the sidewalk cafe if necessary (Ord.5185, 10-7-08) for the city or utility company to access pipes, lines, or other facilities. 178.03 Sidewalk Vendors (4) The sidewalk cafe applicant must (A) Purpose. Public rights-of-way are designed consent that the city or utility company for free and unobstructed travel. However, may remove, without liability or the City of Fayetteville recognizes that compensation, part or all of the sidewalk certain development patterns with wide cafe, if necessary, to get access to a utility facility or improvement. sidewalks are unique and that certain public amenities are not inconsistent with the C D 178:3 TITLE XV UNIFIED DEVELOPMENT CODE underlying dedication for the public right-of- (d) Proof of application for remittance way, as long as they do not impede travel or of HMR tax to the City of interfere with the public safety. This Fayetteville. ordinance is designed to regulate open air vending of goods on public rights-of-way. (e) Means to be used in conducting business, including but not limited (B) Sidewalk Vendor Authorization. The Zoning to, a description of any mobile and Development Administrator may issue a container or device to be used for permit for a sidewalk vendor to use a specific transport or to display approved sidewalk or plaza location for specified hours items or services. to sell specified goods for up to a one year period. In addition to the general use (f) A site plan indicating the location requirements, the Zoning and Development and dimensions of the proposed Administrator shall ensure that no permit is use and device or pushcart. granted unless: (g) A detailed scale drawing, picture or (1) The applicant has obtained all diagram and material specifications necessary permits from State or County of the device or pushcart to be authorities, including any Transient used. Merchant permit requirements. (2) The permit issued shall not be (2) The applicant has submitted a sales and transferable in any manner. use tax number, sales tax remittance forms and an affidavit that the applicant (3) The permit is valid for one sidewalk has fully paid all sales and use taxes vending location only. during the previous twelve months, if applicable. (D) Permitted Vending Products and Goods. (3) The applicant has filed a HMR tax (1) The City of Fayetteville permits the remittance form with the City of following types of goods for street Fayetteville,when applicable. vending in approved locations: (4) The applicant has notified all adjacent (a) Cut Flowers property owners, by certified mail, of the application. (b) Food and Beverage (C) Permit Application. Each application fora (c) Arts,-:and Crafts' Qnly obec`scif permit to conduct business on a sidewalk art�r Craft pro0,14 shall be accompanied by a $100 application a,locat artist or craft 0ersr�n,,�nay and permit fee. Permits issued after July 1 st be sptd by,street uncfor ,- shall be accompanied by a $50 application and permit fee. Each permit will expire at 3 (2) All goods being sold from sidewalk a.m. on January 1st following the year vendors shall: issued. The permit fee shall be collected prior to issuance of the permit (a) Be located within the permitted area and be attended at all times. (1) Application fora sidewalk vendor permit Sidewalk vendors shall not conduct shall include the following items in a transactions with vehicular traffic format acceptable to the Zoning and located in the right-of-way. Development Administrator: (b) Not lead to or cause congestion or (a) Name, address and contact blocking of pedestrian traffic on the information. sidewalk. (b) Type of items sold or services (c) Involve a short transaction period to rendered. complete the sale or render the service. (c) A valid copy of all necessary permits required by State and (d) Not cause undue noise or offensive County health authorities. odors. (e) Be easily carried by pedestrians. C D 178:4 TITLE XV UNIFIED DEVELOPMENT CODE 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 sidewalks on all sides of the interior of pushcart shall not exceed 6 feet and the the downtown Fayetteville Square. On width shall not exceed 3 feet. days/times that the Farmers' Market or other special events operate, sidewalk (3) The height of the mobile device or vendors shall only be permitted if pushcart, excluding canopies, approved through the Farmers' Market umbrellas, or transparent enclosures, or Special Event Permit process. shall not exceed 5 feet. (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 (a) Within 10 feet of the intersection of this determination, the Planning Commission the sidewalk with any other shall consider the following criteria: sidewalk. Sidewalk intersections shall be kept clear for pedestrian (1) The application meets all other criteria safety. established herein for a sidewalk vendor, with`the exception, that the (b) Within 10 feet of any handicapped applicant may request that the cart, parking space,or access ramp. and/or,operating area may be larger than the diriension "required in this (c) Within 15 feet of a fire hydrant. chapter:, (d) Within 15 ft. of an entrance to a (2) The number of permits issued for the building. street vending location shall not exceed the capacity of the area in terms of (7) Street vending facilities shall be maintaining the use of the sidewalk as a removed from the public right-of-way public right-of-way. The Planning when not in use. Sidewalk vendors are Commission shall consider the width of only allowed to operate between the sidewalk, the proximity and location of hours of 5 a.m. and 3 a.m.All carts shall CD 178:5 TITLE XV UNIFIED DEVELOPMENT CODE be removed from the public right-of-way (Ord.5185, 10-7-08) during non-operational hours. 178.04 Outdoor Mobile Vendors (8) Sidewalk vendors shall display in a Located On Private Property prominent and visible manner the permit issued by the Planning Division. (A) Purpose. To permit outdoor mobile vendors, also known as transient merchants, to (9) The Fire Marshal shall inspect and operate on private property while preserving approve any food and beverage and protecting the health, safety and welfare pushcart to assure the conformance of of citizens. all cooking or heating apparatus with the provisions of the City Fire Code. (g) Requirements. Transient merchants located on private property shall meet the following (10)Sidewalk vendors who sell food and requirements and submittals prior to beverage are required to be permitted, approval: and receive approval, through the Arkansas Department of Health and (1) Permit Application. Each application for Human Services for food related a permit to conduct a transient merchant establishments. A copy of the permit business shall be accompanied by a issued by the State, and inspected and $50 permit review and processing fee. approved by the Washington County Health Department, shall be supplied to (2) Application for a permit to conduct a the Planning Division prior to Planning transient merchant business shall Division approval. include the following items in a format 11 All sidewalk vendors must ick u and acceptable to the Zoning and ( ) p p Development Administrator: properly dispose of all paper, cardboard, metal, plastic or other litter in any form (a) Name, address and contact (including cigarette butts) within the information. sidewalk area assigned to the vendor within thirty minutes of the end of daily (b) Type of items sold or services operations. Failure to completely rendered. A change in product or remove all such litter from the service will require a new permit to authorized sidewalk location shall be issued. constitute a violation of the permit approval. (c) A valid copy of all necessary 12 No sidewalk vendor shall solicit, berate permits required by State and ( ) County health authorities. or make any noise of any kind by vocalization or otherwise, for the (d) Proof of application for remittance purpose of advertising or attracting of HMR tax to the City of attention to his wares. No audible Fayetteville. amplified music shall be permitted. (e) Means to be used in conducting (H) Signage. Sidewalk vendors shall obtain a business including but not limited to sign permit from the Planning Division prior a description of any mobile device to the issuance of a permit to operate. to be used for transport or to Sidewalk vendors are permitted a total of display approved items or services. one (1) A-frame sandwich/menu board subject to Ch. 174 Signs regulating these (f) A detailed site plan and written type of signs. The menu board shall list the description illustrating the type, products and prices for the items being location, and dimensions of the vended. Only products or services available mobile vendor business including at the vending location shall be displayed. parking. (1) Revocation of the Sidewalk Vendor Permit. (g) Written authorization, signed by the The Zoning and Development Administrator property owner or legal is authorized to revoke a sidewalk vendor's representative of record, stating permit if it is determined that a violation of that the transient merchant the requirements of the Unified Development business is permitted to operate on Code has occurred. the subject property. CD 178:6 TITLE XV UNIFIED DEVELOPMENT CODE (3) The permit issued shall not be traveling from place to place in the state, offering transferable in any manner. for sale or selling goods, wares, merchandise, or services (4) The permit is valid for one mobile vendor location only. (Ord.5185, 10-7-08) (5) The proposed use shall be a permitted 178.06-178.99 Reserved use-by-right within the underlying zoning district in order to be permitted. (Ord.5185, 10-7-08) (6) A Temporary Certificate of Zoning Compliance(90 days)shall be approved by the Planning Division. (7) Outdoor mobile vendors are allowed on a temporary basis (90 days), by nature of their temporary occupancy, in one location over a one-year(twelve month) timeframe. Outdoor mobile vendors may move to a different location after this 90-day 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. (8) Outdoor mobile vendors shall be in compliance with parking lot requirements for any existing and the proposed business. The number of required parking spaces is determined by the use and size of the proposed transient merchant business, and by the use and size of the existing business. Parking spaces on the property where the outdoor mobile vendor is located shall be paved and striped 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 parking spaces for the existing businesses and the outdoor mobile vendor must be provided onsite. The location of the outdoor mobile vendor shall not impede traffic flow or create a dangerous traffic condition, as determined by Planning Division upon review of the site plan. (Ord.5185, 10-7-08) 178.05 Transient Merchants All transient merchants are subject to regulations and registration under Arkansas state statutes. Any criteria established herein shall not relieve the applicant from meeting applicable criteria relative to transient merchants. "Transient merchant' means any person, firm, corporation, partnership, or other entity that engages in, does, or transacts any temporary or transient business in the state, either in one (1) locality or in CD178:7 RECEIVED NORTHWEST ARKANSAS JUN 15 2010 CITY OF FAYETTEVILLE NEWSPAPERSLLc CITY CLERK'S OFFICE 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 Northwest Arkansas Newspapers LLC. Printed and published in Benton County, (Lowell), Arkansas and that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of Fayetteville - Ordinance 5321 May 27, 2010 Publication Charge : $ 84.30 Signed: --- ------ -��-�------- Subscribed and sworn to before me This lij day of j,jins�_ 2010. Notary Publictm aar"""'Countyber 12374647 -Arkansasires Jan.20,2020 My Commission Expires: Do not pay from Affidavit, an invoice will be sent