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HomeMy WebLinkAboutORDINANCE 5979113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5979 File Number: 2017-0192 ADM 17-5705 (UDC CHAPTER 178 OUTDOOR MOBILE VENDORS): AN ORDINANCE TO AMEND CHAPTER 178 OUTDOOR VENDORS OF THE UNIFIED DEVELOPMENT CODE TO END THE PERMIT LOTTERY FOR MOBILE VENDORS UTILIZING PUBLIC PARKING AREAS, TO ALLOW ADMINISTRATIVE APPROVAL OF PERMITS FOR MOBILE VENDOR COURTS AND SIDEWALK CAFES, TO ALLOW MOBILE VENDORS TO ADMINISTRATIVELY RENEW PERMITS ANNUALLY, AND TO MAKE TECHNICAL REVISIONS WHEREAS, the City has not experienced any problems since allowing mobile vendors to park in parallel spaces or public parking lots and ending the permit lottery will remove an unnecessary requirement for those businesses; and WHEREAS, allowing staff to administratively approve mobile vendor courts, sidewalk cafes, and annual mobile vendor permits will streamline the process for applicants. 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 § 178.01 by replacing "retail" with "commercial." Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 178.02(B) by repealing the introductory paragraph and enacting a new introductory paragraph as follows: "The City Planning Division may issue a permit allowing a sidewalk cafe on part of a specified sidewalk after the applicant has notified adjoining property owners. The City Planning Division shall ensure that no permit is granted, unless:" Page 1 Printed on 5/17/17 Ordinance: 5979 File Number: 2017-0192 Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends § 178.03(B) by repealing the introductory paragraph and enacting a new introductory paragraph as follows: "The City Planning Division may issue a permit for a sidewalk vendor to use a specific sidewalk or plaza location for specified hours to sell specified goods for up to a one year period .The City Planning Division shall ensure that no permit is granted, unless:" Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends §§ 178.03(C)(1) and 178.03(I) by replacing "Zoning and Development Administrator" with "City Planning Division" and § 178.03(F)(1) by replacing "Planning Commission' with "City Planning Division." Section 5: That the City Council of the City of Fayetteville, Arkansas hereby amends § 178.04 Outdoor Mobile Vendors Located on Private Property by striking "Located on Private Property" from the title and by striking "on private property" from § 178.04(A) Purpose. Section 6: That the City Council of the City of Fayetteville, Arkansas hereby repeals §§ 178.04(B) through 178.04(E) and adopts new §§ 178.04(B) through 178.04(E) as shown in Exhibit A attached hereto and made a part hereof. Section 7: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 178.05 Food Truck and Food Trailer Limited Time Permits. PASSED and APPROVED on 5/16/2017 Attest: rr Sondra F. Smith, City Clerk "Treasur���ttir+IilfiSI TR�r'�i ♦� � . • . �(,i ori �G TO Page 2 Printed on 5/17/17 Exhibit A 178.04 Outdoor Mobile Vendors (B) Definitions. (1) Food trucks. A type of mobile vendor which is a motorized and operationally self-contained single vehicle equipped with facilities for cooking and selling food. (2) Food trailers. A type of mobile vendor which is designed to be towed on public roads and having an enclosed area for storage, handling or preparation of food. (3) Other vendors. Mobile vendors are not limited to operating out of a food truck or trailer. (4) Mobile Vendor Court. An outdoor commercial center with 5 or more mobile vendors in a shared location. (C) Mobile Vendor Permit Requirements. All mobile vendors shall meet the following requirements and submittals prior to approval: (1) Each application for a permit to conduct a mobile vendor business shall be accompanied by a $100.00 permit review and processing fee. Mobile vendor permits shall be issued to the owner of the mobile vendor vehicle. This application will also serve as the vendor's business license that will be processed as such. (2) Application for a permit to conduct a mobile vendor business shall include the following items in a format acceptable to the Planning Division: (a) Name, address, contact information and signature of both the property owner and the mobile vendor requesting to locate on private property. (b) A valid copy of all necessary permits required by State and County health authorities which shall be conspicuously displayed at all times during the operation of the business. (c) Proof of application for remittance of HMR tax to the City of Fayetteville, when applicable. (d) For each location other than those permitted as part of a Mobile Vendor Court, a detailed site plan roughly drawn to scale showing the location of the property lines, each mobile vendor location, building setback lines, vehicle parking spaces, the sidewalk location and any proposed dining or sitting areas. (e) Written authorization, signed by the property owner or legal representative of record, stating that the mobile vendor is permitted to operate on the subject property for a specified period of time. (3) The mobile vendor has the responsibility to dispose of all wastes in accordance with all applicable laws. Mobile vendors are not permitted to dispose of their trash in public trash receptacles. (4) The mobile vendor permit issued shall not be transferable in any manner. (5) The mobile vendor permit issued shall be conspicuously displayed at all times during the operation of the mobile vending business. (6) The proposed use must be a permitted use -by -right within the underlying zoning district. (7) Mobile vendors shall comply with the Federal Americans with Disabilities Act (ADA) requirements if the public has access to the interior of any mobile vending unit. (8) Mobile vendors shall be required to renew their permit on an annual basis following the same timeframe as a standards business license renewal. As part of the renewal process, vendors shall submit an updated copy of the health department permit, HMR tax forms, and a re -inspection by the City Fire Department where applicable. Failure to renew a permit will be cause for revocation by the City Planning Division. (D) Mobile Vendor Courts. Mobile vendor courts may be permitted administratively in appropriate zoning districts. A property owner may request a permit from the Planning Division to develop a mobile court subject to the following standards: (1) The property owner has provided the Planning Division with a detailed site plan of the mobile vendor court showing the location and dimensional relationships of the property lines, all proposed mobile vendor locations, building setbacks, vehicle parking, sidewalk location and proposed dining or sitting areas. (2) Site Improvement requirements. (a) Site Design. Sites shall be improved with a barrier between vehicular and customer service areas, including ordering and dining areas. The barrier may be implied or physical and constructed with landscaping elements; gated fencing; changes in ground surface texture, material or color; or similar treatments. Sites which are not already paved with gravel or another hard surface shall improve their parking areas with gravel or other pavement designed in accordance with the Parking Lot Design Standards. With respect to landscaping requirements, the entire Mobile Vendor Court shall be considered a parking lot and perimeter landscaping will be required in accordance with Parking Lot Landscape Standards. (b) Sanitation. Adequate restroom facilities shall be provided either on-site or through a shared use agreement with a neighboring business. Portable toilets, if used, must be screened from view of the public. (c) Utilities. Above ground utility connections shall not interfere with pedestrian or vehicular safety and shall not be located in customer service areas or customer parking areas. (d) Mobile vendor courts shall not have continuous curb cuts or exacerbate a dangerous pedestrian condition. New courts may close continuous curb cuts or improve pedestrian conditions with temporary materials subject to approval of the City Planning Division. Acceptable materials include planters, plinths, benches, pavers, and other furniture. Temporary improvements installed by mobile vendor courts shall not reduce access for pedestrians with disabilities. (E) Limited Time Permits. Permitted food trucks and trailers may operate in the following locations for up to twelve hours each day, after which they must move to a new location which is out -of -view of the original location. (1) Marked parallel parking spaces, which are not reserved for residential use and provided the parking space is not in front of a business selling similar food. Service to customers shall be only on the sidewalk side of the vehicle to maintain public safety. Vendors are not exempt from paying the standard rate for the parking space. (2) Marked parking spaces within parks pursuant to City Code §97.086. (3) Private property zoned for food and beverage sales and with the owner's permission. {R R City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2017-0192 Agenda Date: 5/16/2017 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: D. 6 ADM 17-5705 (UDC CHAPTER 178 OUTDOOR MOBILE VENDORS): AN ORDINANCE TO AMEND CHAPTER 178 OUTDOOR VENDORS OF THE UNIFIED DEVELOPMENT CODE TO END THE PERMIT LOTTERY FOR MOBILE VENDORS UTILIZING PUBLIC PARKING AREAS, TO ALLOW ADMINISTRATIVE APPROVAL OF PERMITS FOR MOBILE VENDOR COURTS AND SIDEWALK CAFES, TO ALLOW MOBILE VENDORS TO ADMINISTRATIVELY RENEW PERMITS ANNUALLY, AND TO MAKE TECHNICAL REVISIONS WHEREAS, the City has not experienced any problems since allowing mobile vendors to park in parallel spaces or public parking lots and ending the permit lottery will remove an unnecessary requirement for those businesses; and WHEREAS, allowing staff to administratively approve mobile vendor courts, sidewalk cafes, and annual mobile vendor permits will streamline the process for applicants. 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 § 178.01 by replacing "retail" with "commercial." Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 178.02(B) by repealing the introductory paragraph and enacting a new introductory paragraph as follows: "The City Planning Division may issue a permit allowing a sidewalk cafe on part of a specified sidewalk after the applicant has notified adjoining property owners. The City Planning Division shall ensure that no permit is granted, unless:" Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends § 178.03(B) by repealing the introductory paragraph and enacting a new introductory paragraph as follows: "The City Planning Division may issue a permit for a sidewalk vendor to use a specific sidewalk or plaza location for specified hours to sell specified goods for up to a one year period. The City Planning Division shall ensure that no permit is granted, unless:" City of Fayetteville, Arkansas Page 1 Printed on 511712017 File Number: 2017-0192 Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends §§ 178.03(C)(1) and 178.03(I) by replacing "Zoning and Development Administrator" with "City Planning Division" and § 178.03(F)(1) by replacing "Planning Commission" with "City Planning Division." Section 5: That the City Council of the City of Fayetteville, Arkansas hereby amends § 178.04 Outdoor Mobile Vendors Located on Private Property by striking "Located on Private Property" from the title and by striking "on private property" from § 178.04(A) Purpose. Section ti: That the City Council of the City of Fayetteville, Arkansas hereby repeals §§ 178.04(B) through 178.04(E) and adopts new §§ 178.04(B) through 178.04(E) as shown in Exhibit A attached hereto and made a part hereof. Section 7: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 178.05 Food Truck and Food Trailer Limited Time Permits. City of Fayetteville, Arkansas Page 2 Printed on 5/1712017 Andrew Garner Submitted By City of Fayetteville Staff Review Form 2017--0192 Legistar File ID 4/18/2017 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 3/31/2017 City Planning / Development Services Department Submitted Date Division / Department Action Recommendation: ADM 17-5705: Administrative Item (UDC Chapter 178/UDC Amendment Outdoor Mobile Vendors): Submitted by CITY PLANNING STAFF and ALDERMAN MATTHEW PETTY for revisions to UDC Chapter 178 to modify the requirements for mobile vendors. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget $ - Funds Obligated $ - Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget V20140710 Previous Ordinance or Resolution # Original Contract Number: Comments: Approval Date: CITY OF Tay" i 61TI le ARKANSAS MEETING OF APRIL 18, 2017 TO: Fayetteville City Council CITY COUNCIL AGENDA MEMO FROM: Andrew Garner, City Planning Director Matthew Petty, Alderman DATE: March 31, 2017 SUBJECT: ADM 17-5705: Administrative Item (UDC Chapter 178/UDC Amendment Outdoor Mobile Vendors): Submitted by CITY PLANNING STAFF and ALDERMAN MATTHEW PETTY for revisions to UDC Chapter 178 to modify the requirements for mobile vendors. RECOMMENDATION: The Cty Planning staff and Planning Commission recommend approval of an ordinance to amend UDC .Chapter 178 to to modify the requirements for mobile vendors. The Outdoor Mobile Vendor code (UDC Chapter 178) was amended in 2014 to allow vending on public property such as streets and parks. At the time of the proposed code change, concerns were expressed that there would be a large number of vendors that might have a negative impact on the availability of public parking. To offset that potential issue, permits for mobile vendors on public property were to be issued by a lottery drawing for a maximum of three permits annually. The total number of permits could be increased slightly depending on the number of applications. Although there were a few application for the first -lottery, to staffs knowledge there have not been any mobile vendors that have operated on public property such as in the parallel parking spaces on Dickson Street or in parking lots in parks since the code's change. Because mobile vending on public property has not proven to be a problem and a lottery drawing seems unnecessary, staff proposes to remove the lottery drawing requirement from the code. A conditional use permit process is required for mobile vendor courts and sidewalk cafes. There has only been one conditional use permit application for a mobile vendor court. The permit was for the Shulertown Food Court on Dickson Street which was in May of 2014. There have been no applications for sidewalk cafes. Staff proposes to modify the requirements for mobile vendor courts and sidewalk cafes, and allow them to be approved administratively by staff. Section 178.04 allows two types of mobile vending permits: a six month permit that is approved by staff and a one-year (annual) permit that may be approved by the Planning Commission. There have been 19 annual permits submitted to the Planning Commission over the past three years and all have been approved, usually on the consent agenda. Because the Planning Commission and City Council have been supportive of these types of permits and no complaints have been received by staff, staff proposes to remove the time limitation for mobile vendors. Instead, staff proposes that mobile vendors simply renew their permit on an annual basis similar to a business license. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 These changes are an effort to encourage more vacant property to be utilized for mobile vending, provide economic opportunities for start-up businesses, and create a more lively streetscape and increased urban amenities for citizens. Proposal: Staff proposes the following code changes as outlined below and shown in the attached document in highlight and s+''�at: 178.01 Purpose. Change the word "retail' to "commercial'. 178.02 Sidewalk Cafes. Change the requirement for sidewalk cafes to be able to be approved by staff instead of a conditional use permit. 178.04 Outdoor Mobile Vendors o B. Added definitions for various types of vendors for clarification. o C. Combined the "Mobile Vendor Six Month Permit" and "Mobile Vendor Annual Permit" into one permit that is approved by staff and applicants are required to renew their permits on an annual basis like a business license. o D. Allow "Mobile Vendor Courts" to be approved administratively by staff instead of as a conditional use permit. Modified the requirements for mobile vendor courts to clarify site improvements especially in a greenfield site. o E. Change "Limited Time Permits" for all vendors to automatically be allowed "Limited Time Permits". This allows all permitted vendors to operate_ on public property such as Dickson Street and in city parks; also expanded the timeframe to 12 hours. 178.05 Food Truck and Food Trailer Limited Time Permits. Removed this section as it was condensed and combined into subsection "E". DISCUSSION: This code change was discussed at the March 13, 2017 Planning Commission meeting where it was tabled to address comments related to the amount of time mobile vendors may park on public property during a 24-hour period, and to evaluate public improvements for mobile vendor courts. The code change was discussed again at the March 27, 2017 Planning Commission meeting where staff and the commission made further minor changes, and the proposal was forwarded with a recommendation for approval by a vote of 8-0-0 (Commissioner Quinlan was absent). BUDGET/STAFF IMPACT: None Attachments: • Proposed code changes shown in highlight and strikeout • Proposed code changes (full clean version of UDC 178) • Planning Commission packet 17-5705 Proposed Code Changes in Strikeout CHAPTER 178: OUTDOOR VENDORS 178.01 Purpose (C) Requirements: Sidewalk cafes shall meet the It is the purpose of this chapter to promote and following requirements in order to be approved: encourage open air retail commercial environments, (1) Applicants requesting a license must provide while preserving and protecting the health, safety and a detailed site plan and written description welfare of citizens by promoting opportunities and illustrating the type, location and dimensions regulations for the creation of said exceptions within of all furniture 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 Fayetteville recognizes that certain developed order to provide sufficient pedestrian and developing areas in a traditional town form clearance, umbrellas must have 7 feet of are unique and that certain public amenities are free and clear space from the sidewalk 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 impede travel or interfere with the public safety. (3) Property shall be kept clean and free of This ordinance is designed to encourage refuse with no permanent trash containers pedestrian activity and make the urban placed on the premises. environment more attractive. (4) All furnishings and fixtures must be of a (B) Sidewalk Cafe Authorization. The WaaRiag temporary nature and shall be removed from GQawA"iGn City Planning Division may issue a the public right-of-way and stored inside permit allowing a sidewalk cafe during non -operational times. on part of a specified sidewalk after the applicant has notified adjoining property owners. 1n (5) For sidewalk cafes using City right-of-way for add"n to the general—^~^a. ;— :; operation, there shall be a minimum of five requi+aa�r+ts-tT a Planni^^ ^^,,,,,iaskK*-The�City feet or 50% of the total sidewalk width for PlanningDivision shall ensure that no itiewral clearance, whichever is greater, to provide ease permit is granted, unless: adequate and unobstructed pedestrian movement. (1) The proposed sidewalk cafe will not unduly 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 the sidewalk cafe applicant applicable regulations in Ch. 174: Signs for the same. (3) The sidewalk cafe applicant may be required to post a surety bond or letter of credit (Ord. 5185, 10 7-08) sufficient to cover the cost of removing the 178.03 Sidewalk Vendors sidewalk cafe if necessary for the city or utility company to access pipes, lines, or other facilities. (A) Purpose. Public rights-of-way are designed for free and unobstructed travel. However, the City (4) The sidewalk cafe applicant must consent of Fayetteville recognizes that certain that the city or utility company may remove, development patterns with wide sidewalks are without liability or compensation, part or all of unique and that certain public amenities are not the sidewalk cafe, if necessary, to get inconsistent with the underlying dedication for the access to a utility facility or improvement. public right-of-way, as long as they do not impede travel or interfere with the public safety. This ordinance is designed to regulate open air vending of goods on public rights-of-way. CD178:1 Fayetteville Code of Ordinances (B) Sidewalk Vendor Authorization The City Planning Division may issue a permit for a sidewalk vendor to use a specific sidewalk or plaza location for specified hours to sell specified goods for up to a one year period. J+�-ad�3itie Eo 'me The City Planning Division shall ensure that no permit is granted unless: (1) The applicant has obtained all necessary permits from State or County authorities, including any Transient Merchant permit requirements. (2) The applicant 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 the previous twelve months, if applicable. (3) The applicant has filed a HMR tax remittance form with the City of Fayetteville, when applicable. (4) The applicant has notified all adjacent property owners, by certified mail, of the application. (C) Permit Application. Each application for a permit to conduct business on a sidewalk shall be accompanied by a $100 application and permit fee. Permits issued after July 1st shall be accompanied by a $50 application and permit fee. Each permit will expire at 3 a on January 1 st following the year issued. The permit fee shall be collected prior to issuance of the permit (1) Application for a sidewalk vendor permit shall include the following items in a format acceptable to the City Planning Division: (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 used for transport or to display approved items or services. (f) A site plan indicating the location and dimensions of the proposed use and device or pushcart. CD178:2 (g) A detailed scale drawing, picture or diagram and material specifications of the device or pushcart to be used. (2) The permit issued shall not be transferable in any manner. (3) The permit is valid for one sidewalk vending location only. (D) Permitted Vending Products and Goods. (1) The City of Fayetteville permits the following types of goods for street vending in approved locations: (a) Cut Flowers (b) Food and Beverage (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.. (2) All goods being sold from sidewalk vendors shall: (a) Be located within the permitted area and be attended at all times. Sidewalk vendors 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. (c) Involve a short transaction period to complete the sale or render the service (d) Not cause undue noise or offensive odors. (e) Be easily carried by pedestrians (E) Pre -Approved Locations. Sidewalk vendors are permitted in specific locations in Fayetteville as a use by right. These locations have been determined by the City Council to have adequate sidewalk width, pedestrian traffic flow, and they minimize potential conflicts with existing businesses Sidewalk vendors are not permitted to operate on days / times associated with special events, unless they have been approved and granted a Special Events Permit from the organization coordinating the special event. Maps of approved locations are available in the Planning Division. The locations where street vending is allowed as a permitted use are: TITLE XV UNIFIED DEVELOPMENT CODE Inside of the Fayetteville Square. Sidewalk trash receptacle. The Planning Division will vendors may locate along sidewalks on all provide a map of approved vendor locations. sides of the interior of the downtown Fayetteville Square. On days / times that the (2) The length of the mobile device or cart shall Farmers' Market or other special events not exceed 7 feet, including the cart's trailer operate, sidewalk vendors shall only be tongue or hitch that is not removed or permitted if approved through the Farmers' collapsible, and any propane tanks or other Market or Special Event Permit process. attachments to the mobile device. The width shall not exceed 4 feet, including the carts (F) Alternative Locations. If an applicant wishes to wheel wells or tires, and any accessory operate as a sidewalk vendor in a location other components of the cart such as retractable than those specifically approved by the City or collapsible sinks or shelves. Council, a permit must be obtained. Upon receipt of a permit application, the Planning Division (3) The height of the mobile device or pushcart, shall review the proposed permit operating area excluding canopies, umbrellas, or to determine if the said area is suitable for street transparent enclosures, shall not exceed 5 vending in accordance with this chapter In feet. making this determination, the Planning Division shall consider the following criteria: (4) No permanent hardware shall be affixed to the sidewalk or adjacent buildings. (1) The application meets all other criteria established herein for a sidewalk vendor, (5) Mobile generators are prohibited. with the exception that the applicant may request that the cart, and/or operating area, (6) No sidewalk vendor may conduct business may be larger than the dimension required in on a sidewalk in any of the following places: this chapter. An increase in cart size or operating area may be considered by the (a) Within 10 feet of the intersection of the City Manning Division Plann ng Gamm-- i. i sidewalk with any other sidewalk. as a variance. The determination of a larger Sidewalk intersections shall be kept cart size and/or operation area shall be clear for pedestrian safety. subject to the variance criteria in Chapter 156.03(C). (b) Within 10 feet of any handicapped parking space, or access ramp. (2) The number of permits issued for the street vending location shall not exceed the (c) Within 15 feet of a fire hydrant capacity of the area in terms of maintaining the use of the sidewalk as a public right -of- (d) Within 15 ft. of an entrance to a building way, with a minimum 48" pedestrian access route that is free and clear of obstructions. (7) Street vending facilities shall be removed The Planning Division shall consider the from the public right-of-way when not in use width of sidewalk, the proximity and location Sidewalk vendors are only allowed to of existing street furniture, including, but not operate between the hours of 5 a.m. and 3 limited to: signposts, lamp posts, parking a.m All carts shall be removed from the meters, bus shelters, benches, phone public right-of-way during non -operational booths, street trees and newsstands, as well hours. as the presence of bus stops, truck loading zones, other sidewalk vendors or taxi stands (8) Prior to final approval, Planning Staff shall to determine whether the proposed use inspect the sidewalk vendor set up in the would result in pedestrian or street proposed location. The applicant shall make congestion. an appointment between the hours of 8 a.m to 5 p.m. in which Planning Staff will inspect (G) Requirements. Sidewalk vendors conducting the cart and all proposed accessories such business on the sidewalks of the City of as coolers, trash receptacle, chairs, etc. that Fayetteville with a valid permit issued under this the applicant is proposing for the site Upon Chapter may transport and/or display approved approval, sidewalk vendors shall display in a goods upon the approved mobile device or prominent and visible manner the permit pushcart, under or subject to the following issued by the Planning Division. conditions: (9) The Fire Marshal shall inspect and approve (1) The operating area shall not exceed 40 any food and beverage pushcart to assure square feet of sidewalk, which shall include the conformance of all cooking or heating the area of the mobile device, operator and CD178:3 Fayetteville Code of Ordinances apparatus with the provisions of the City Fire Code. (10) Sidewalk vendors who sell food and beverage are required to be permitted, and receive approval, through the Arkansas Department of Health and Human Services for food related establishments. A copy of the permit issued by the State, and inspected and approved by the Washington County Health Department, shall be supplied to the Planning Division prior to Planning Division approval. (11) Sidewalk vendors are required to provide a trash receptacle for public use located within their permitted operating space. All sidewalk vendors must pick up and properly dispose of all paper, cardboard, metal, plastic or other litter in any form (including cigarette butts) within the sidewalk area assigned to the vendor within thirty minutes of the end of daily operations. Failure to completely remove all such litter from the authorized sidewalk location shall constitute a violation of the permit approval. appealing streetscape and does not create a dangerous traffic condition. B Definitions. (1) Food trucks. A type of mobile vendor which is a motorized and operationally self- containe_d single vehicle equipped with facilities for cooking and selling food. (2) Food trailers. A type of mobile vendor which is designed to be towed onpublic roads and having an enclosed area for storage, handling or preparation of Food. (3) Other vendors. Mobile vendors are not limited to operating out of a food truck or trailer. (4) Mobile Vendor Court. An outdoor commercial center with 5 or more mobile vendors in a shared location. (CI -Mobile Vendor Permit Rectulrements. All mobile vendors shall meet the folloWng requirements and submittals prior to apprcval: (12)No sidewalk vendor shall solicit, berate or (1) Each apglication for a Permit to conduct a make any noise of any kind by vocalization mobile vendor business shall be or otherwise, for the purpose of advertising accompanied by a $100.00 permit review or attracting attention to his wares, No and p_ ees_sing, fee. Mobilevendor permits audible amplified music shall be permitted. shall be issued to the owner of the mobile vendor -vehicle. This application will alsp (H) Signage Sidewalk vendors shall obtain a sign serve as the vendor's business license that permit from the -Planning Division- prior to the will be processed as such. issuance of a permit to operate. Sidewalk vendors are permitted a total of one (1) A -frame (2) Application for a permit to conduct g mobile sandwich/menu board -subject to Ch 174 Signs vendor business shall include the following regulating these types of signs The menu board items in a format acceptable to the Planning shall list the products and prices for the items Division: being vended. Only products or services available at the vending location shall be (a) Name address contact information and displayed. signature of both the property owner and the mobile vendor requesting to (1) Revocation of the Sidewalk Vendor Permit. The locate on private property. City Planning, Division is authorized to revoke a sidewalk vendor's permit if it is determined that a (b) A valid copy of all necessary permits violation of the requirements of the Unified required by State and County health Development Code has occurred. authorities_ which shall be conspicuously displayed at all times during the (Ord 5185, 10-7-08; Ord. 5321, 5-18-10; Ord 5459, 11-15- operation of the business. 11; Ord. 5768, 5-5-15) (c) Proof of application for remittance of 178.04 Outdoor Mobile Vendors Located HMR tax -to the City of Fayetteville. On -P- gate-RfoprFty when applicable. (A) Purpose. The purpose of this section is to d For each location other than those facilitate and control the ability of mobile vendors permitted as part of a Mobile Vendor and mobile vendor courts to operate on private Court. a detailed site plan roughly drawn property while ensuring such use is compatible to scale showing the location of the with nearby properties, fosters an aesthetically property lines, each mobile vendor location, building setback llnes. vehicle CD178:4 TITLE XV UNIFIED DEVELOPMENT CODE parking spaces, the sidewalk location and any proposed dining or sitting basiness -shall be apraved and issr�ed areas. administratyely t,.,__ the I]I an f,;uic a$r ma;;oo the felln,.aing deter natinn� (e) Written authorization signed by the property owner or legal representative of record, stating that the mobile vendor is permitted to operate on the sub'ect property for a specified period of time. (3) The mobile vendor has the responsibility to dispose of all wastes in accordance with all applicable laws. Mobile vendors are not permitted to dispose of their trash in public trash receptacles. (4) The mobile vendor permit issued shall not be transferable in any manner. (5) The mobile vendor permit issued shall he conspicuously displayed at all times during the operation of the mobile vending business. (6) The proposed use must be a permitted use - by -right within the underlying zoning district. (7) Mobile vendors shall comply with the Federal Americans with Disabilities Act (ADA) requirements if the public -has access to the interior of any mobile, vending unit. (8) Mobile vendors shall be required to renew their permit on an annual basis following the same timeframe as a standard business license renewal. As part of the renewal process, vendors shall submit an updated copy of the health department permit. HMR tax forms, and a re -inspection by the City Fire Department where applicable. Failure to renew a permit will be cause for revocation by the City Planning Division. �+Icrisr ll ±`�'mvcrri to opesals an a temporary basis fGr-a WARg a calandaof. the {'i �vr Fo �� i xaarv�,iiii'c RE} 2J caivnrr (b) Chast-has-estab &hed4hat the laperat* nr.� ��e m ,We vee learwiil-fbs Aef a hGally appealing streetsGape a_Avilt�n Rot GRRa`:e of worsen a (r.) The FRO hiA 'PizAdOrL.irc: Sa r•a chr•a chal�9t matGh or derrler ond! n pilcate-ttaea�rf im�-rvvv-vi gu a offerings old by rye browses--iesated- upon repeAy Jrm�pQrE:. .'y adia Ge Ai to andon the While vender a ole the mo'✓•_i: o .randof P�a4a4ac tb� f n eg#ioned-peFFnaA@Rt (C-, _A49b4o-49prin'r a„nT �,r c� it �M® 7i1e�rL ld9rS aria- alln...nd to leoate fpr one n Ihn_cam® Ic^n;a iem wA appreval---of the Flagg GomT""vnas ,n-ac.n"nR.vf vtrr'stern.�inmcthe . one yeaF pe,fiqd has a red the R49b4;_-y r ►a aaeme-te-anethe€-lGA of May FeqUeSt 8 CD178:5 (d) An annual rob leve dor permitmay he rail her the Plan Rg !^nmmicein.n n ffer mak:r,g the ellewir determ+aa4iens (b Th wiy ope;atiep of the mobile.yender_tuil @R +sal4Y "ppealing e an, nef M411 n0 A ale a dann wdmWon rho mobile r,em"IL—b not ate the prime _ r f ed. n b" ne old brr nnrmaRen4 immediately ad•a nt to -apd-op-44e same-side-rs4he-stFeei as the preps mob"Ie par., r rnlnce the- r oWe veAdw, '^ the ,ned peFmanop h., --: - - ot- Fayetteville Code of Ordinances CT mob ewepdoF-businessprep" sha" be ar.Gem_pan ed h., $100 mif Feviaw and ,;re��s'"'eYYssing fee. Mobile vend 19, WA for ve+�dsr-t:rrasi�ess--sl�tl--+nc4ude•-t�-#ao�tCewing ikH4Ws-ia-a--fvraIat RGG ptable to the4'Eanning Dpwsmw ME e _ , . .r. #:w—pFeposed FRobile they usem and size e The use of nca'Fkii;e4 (€)u Mobile Vendor Courts. Mobile vendor courts may be permitted through a Gonditional use "Wired by State and fiea4# permit administratively in appropriate zoning arathe� 1kW-WhiGi-shM14a@-raaspi ws! districts. A property owner may request a displayed at all tMFR@S g the permit from the Planning Division operation of the busmess Gommi&sian to develop a mobile vendor court subject to the following standards: (G)--PFG&f-G�"ber-. f r-- FnittaRse-of ktMR tam to Fayette, i4e; Wh sate showing the Iosat!DR of the preperty lines, each Mobile vapor lesatien,g �et#aa^n the SidewaIlF locRfinn are# aFl, posed di€ i ;g —Gr-- ;nq gho4ztVon, signed by the property ewe, r nr'a^a4epr-esenta4ve-ef reserrd-sta tlrlg- that -the -rte abile-vendor-�s wmi". o--cperate--on the sub}est eFtii-f4i' apc. iFd. o r; o.! of #imp, (3) The fneWle Y Qiano ni agGoMa re- with -atl apptir-.abla larnrb- Mobile -vendeFsare -not permitter) to dispose of their tram. : nWlio trash raGapiastas- (5 -The -+aaetaite-ueade�- eu*1-46sukl-shall--be €enspicwwsly-- Gp;ayed at all limes daring the ogeratien -af the mobile vandiag bus Tess. fNi�C ._T�TtTT...TST _ T�RT�T�fT.T. CD178:6 (1) The property owner has provided the Planning Division with a detailed site plan of the mobile vendor court showing the location and dimensional relationships of the property lines, all proposed mobile vendors locations, building setbacks, vehicle parking, sidewalk location and proposed dining or sitting areas. (2) Site Improvement Reguirements. (a) Site Design. Sites shall be improved. with a barrier between vehicular and customer _service areas, including ordering and dining areas. The barrier may be implied or physical and constructed with landscaping elements: gated fencing• changes in ground surface texture, material or color: or similar treatments. Sites which are not already paved with gravel or another hard surface shall improve their parking areas with gravel or other pavement designed in accordance with the Parkin Lot Design Standards. With respect to landscaping re,-uirements`the entire Mobile Vendor Court shall be considered a parking lot and perimeter landscaping will be required in accordance with -Parking Lot Landscaapa Standards. (b) Sanitation. Ade uate restroom facilities. shall be provided either on-site or through a shared use agreement with as neighboring business. Portable toilets if used, must be screened from view of the public. TITLE XV UNIFIED DEVELOPMENT CODE (c) Utilities. Above ground utility connections shall not interfere with rd) WAWA ^'^^^• ^' ^^ of any additional pedestrian or vehicular safety and shall ^'Pert 40be ed in GandUGt!Rq not be located in customer service areas business, inGluding but not hmit d 4n or customer parking areas. s4 i , (d) Mobile vendor courts shall not have (a'«ani°ed site plaA of 1. ^;^` •`a -^Q^ continuous curb cuts or exacerbate a sea#—shoulpt#�e les #io.; off the dangerous pedestrian condition. New appli lie- endor- r courts may close continuous curb_ cuts lesation withjfl ii�e-rn or improve pedestrian conditions with temporary materials subject to approval(a—W�+,".,^r;L�atior+ signed 'e"e of the City Planning Division. Acceptable pFeperty GWAGF OF legal r-apPeGeRt8t4e-Of materials include planters, plinths, resard, stating that the Fn96ile-*e F benches avers and other furniture. bwsinesr. is peFFnitted to operate on Me Temporary improvements_ installed bit subject-preper y- mobile vendor courts shall not reduce access for pedestrians with disabilities. (E) Limited Time Permits. permitted food trucks and trailers may, operate in the following locations for rm The propsky Q. nen pFepGsing a r Gbge up to twelve hours each day, after which they ve^d-^! ^r,,,.+ May 140 ro^ ir6d lr ^„ka a^• g must move to a new location which is out -of -view the inllewing impr^, ement to;14�� of the original location. order -to -+meed Gity-eyek3prayemtdes aed be apprsved-fog tgis-seami perrmana�.,,r use. (1) Marked parallel parking spaces, which are fired imflfevetsfrr-ire= not reserved for residential use and provided the parking space is not in front of (a, - ve^,^^f,,�, is ^ a business selling similar food. Service to customers shall be only an the sidewalk mobilp vpR409 ^ # ' ^ +'^^ 4"e side of the vehicle to maintain public safety. mobile ^-n^'e-F ^- T"'R ^^ ^^" '^ Vendors are not exempt from paying the peFmanent :ate :n" ,= a_wef"a standard rate for the oarkina space- - (2) Marked parking spaces within parks (b) lrnpravernemts-aesessa pursuant to City Cade 97.086. ped site: (3) Private property zoned for food and beverage sales and with the owner's r'�v) Providing faGi perrmission- Gn-tLe or thrv^''n �fF3rm+er�+ vf-a shared use agFeement Wit#a--a (F) Exemptions. The provisions of the Mobile Vendor reighbGm�ia ordinance do not apply to: e,f.tf.,Nl: (1) The placing and maintenance of unattended (3) Mobile , R +^Fs ^ rMing in a mobile vender stands or sales devices for the sale or ro aiw-aA4Adk4daa1 display of newspapers, magazines, -FAA h„4 shall o . yjdde 4h© PkanniRg Di„�e,.,r, en4h.. h fetirJ,.lot18a+ periodicals and paperbound books. (2) The distribution of free samples of goods, wares and merchandise by any individual .m Of-bG"e--PrspeAy-8,n►aec from his person and4he-mGbile ven£1or-opeFater-4GGatiN +r�t#e ge-vend^v,, =t r' (3) Special events authorized by a Special Event Permit from the City of Fayetteville (b) n ,^lid Gqpy of all PeGesraFype�mits Parking Management Division - red h, C!_�4a •,,,arra—vvc Fly--liEe It li agertiesw ' etFsly (4) Fireworks sales a R1 e epeFatlGn a the vending busing err_ (5) Children's lemonade stands. g,nf rte. @Pn4n f^r rcenikF^n^a ..f (6) Temporary tent sales that operate for less WAR _lax -4^ the Ginty of rmayeitev,lle, than 3 days. A tent permit from the Planning vAeri ap at3le- CD178:7 Fayetteville Code of Ordinances Division and Fire Marshal inspection is required. (7) Temporary sales for non-profit entities that operate for less than 5 consecutive days. (8) Non-profit organizations that prepare and donate or give away food for free. (G) Prohibited Conduct. The following conduct is prohibited for mobile vendors: (1) Obstruct pedestrian or vehicular traffic flow. (2) Obstruct traffic signals or regulatory signs. (3) Use of any device that produces a loud and raucous noise or operate any loudspeaker, light or light system, public address system, radio, sound amplifier, or similar device to attract public attention. (4) Conduct business in such a way as would restrict or interfere with the ingress or egress of the abutting property "owner or tenant, create a nuisance, increase traffic congestion or delay, constitute a hazard to traffic, life or property, or obstruct adequate access to emergency and sanitation vehicles. (5) Use or display any signage that is not in compliance with the Unified Development Code Chapter 174: Signs. (H) Suspension and Revocation of Permit Any permit issued under these regulations may be suspended or revoked by the Development Services Director for any of the following reasons: (1) Fraud, misrepresentation or knowingly false statement contained in the application for the permit or during presentations to the Planning Commission (2) Conducting the business of mobile vending in a manner contrary to the conditions of the permit (3) Conducting the business of vending in such a manner as to create a public nuisance, cause a breach of the peace, constitute a danger to the public health, safety, welfare or interfere with the rights of abutting property owners. (4) Cancellation of health department authorization for a food or beverage vending unit due to uncorrected health or sanitation violations, or; CD178:8 (1) Notification of Suspension or Revocation. The Development Services Director shall provide written notice of the suspension or revocation in a brief statement setting forth the complaint, the grounds for suspension or revocation and notifying the vendor or the property owner of his/her right to appeal to the Planning Commission. Such notice shall be personally delivered, posted upon the mobile vendors' premises or mailed to both the address of the property owner and the address of the mobile vendor shown on the permit holder's application by certified mail, return receipt requested (Ord. 5185, 10-7-08; Ord. 5425, 8-2-11; Ord 5498 05-01-12; Ord. 5666, 3-18-14) —Tkais-ser —s--WWse-4&4o,Rwte—a pmr.ess that q4Gwe-food-#ucks-an€t-fGod-4Fai4em to 'aG a4e f4aF a li—;4 A 4'0.... cera-r*r.-rttr� a+ r,n; ftrr F-4�-ed a of sr;7er! and operatiGnally elf GGAt alned sing e vehicle eked~-valt�iF-facil•itias- feed—Feed-#aifnrs prom defined ae, a Fnebire fo-G-d- ��nit d9gienerf to he tG;A d a I our e c ,a having an engllesed area fnr 6Wa9e, had4A9-G; R ni.k4d Thwo Permit for r'aw n,�rw R *in ems& Feed tfucks- miy-apply-fer--a-permit-deter;nined through-a4GtieFy-4raw440-44he-PlaRniRg-gia4sion to-4ecate W ;; rait+ed t me in a rna*ed--GF d ng -spare - (1 Wilk c nd n. NimWe�4�emher ear rF4GFa-Wa� oM4;ree-(3) f3a i -h es ar ublir reads- If mere than alae (9) letteryi- appliGatiO ar�nadv"fie Dle CMff m•ai e. F4.o Al,rrib" Harm4 ad not in pxcapd Nano third (1/3) of the total number of appliGatf P&4RstaR -s iR Wb- Is reQulf ,- €rarti[rr� vf- 5 Ear- higfaer th na"ar aeF-�r ^;��aitable-sha"e•fGw4;ded l�]-�s-tt�e�e�t-w#aele-fauf�ibefa--�fe,se-per-rets hn I L, l8RUaF. 1"' d NNiII AAAnd Until Gehef31-Si z�rw�r�xr�r.�r_rr.:rr� I ca• :a (a) The app iGant hae, paid-a+a r� Ik79 faerf.n t4ee- t%klE iFs SI�aN pay-i#i8 apprepfiate fRa for }he time he"re .,I TITLE XV UNIFIED DEVELOPMENT CODE le6al d-� r"r pea ;v^ PQ'rkFFi€ spaces. The do+c,rrn;npd through _—loftefy t. ,.,ir I.y the rand tF61 5;'1811 r+ ,.nr-�rm'm'v it#in onA ,.,in art,ed n mIlel on _ntreet na44ne-spar,-T publiG pFo ei4y exGl }ding on-54C@efrn-a„rked paF-.11el or angled n9+ 4'r. g spaGes. Food trucks, fhl The annlioont._ has ncnv;d •+ndt food- tra—tier with this permit may also vend in di-� q snty Health Dep o.r#m w+q4 Gily €7arlrc with apllpFeval by the P;arlrs and and enf of r ++ten nF unAo +sW +0 RgrrAmt AA.goGtor-L the city of all ar..r.liGable 4mmis...Cr_v..i__-R Ls are not PaFPm;!.-H to dispose of their trosl�,4p "t3tlfa4Kash FeG6Pa^t�*e " f j�r.c-ap �IGaFI aC�f 2S to AGt IGG8te On # snm"de--gf the street direr.tly In (#� Theapplina + anreer to onlyveR t$wa4444e-sidewalk-side-sl-the stFee and to Ln.-n.s.`n1,1��e all ser HYI tkVe flow—fv�A n;Gveme G 9 the t meet.. !nl The neel'nan+ a s +n lnoate -n n„h14o pFopefty,8„nh 6fSa4e4raffi6 9F eder16RnSFt# 8fi k�e-apPli p-i�-a i c err The Gity r c the rreht to od 6paGes dwin ihf a antr_sa�r, rc P2 F2 des—=i�ar glues and BE3Q etG. Cne sal event r. rrri+may be available tefo- eAte�.;t the City' 1 aFkisg Diyjn;d. for cnsq�aasl CD178:9 l i t�8 PlarnrP�g%-DiViSiGu R ;lr,�mi-vvn4UGt- ,A ttefy "Ove4n her nanh yea; for a Intal of three (3 nrn eFty If mGre than nine (9) WR yrr ailah}e shall he VA.- to the next �mmhnis mher Theca permils shall he issoed an Jam -ant IcA an.J Paull ev+enrt �.n+ii hoop imr 7114.Foodytr�faad 4aale may apply and—pwtic4pate 4k;. eveFy year. may be approved I7tan,.lnn Diyicion afar mo4inn the fello,wr;rno "eflg4� iC FATAI &hal! At entipellyvAthin no mom thgn two parking F WiG-p operty BF IFl a Gi!y Park and-—64allpay—the annrenr;ate fee for the time theyaye Deets i"ubhG-pafklWspases. rh�b) The ppkast has pfeuWled-a-vo"d a pyy of. the County Health Denaetme !perm;+ ..n n 'rn:t+anne. of HMR tax to 4he r'i+,r_nf Caarcaffo.ei� I.•1 Thehas the r sih;lity o with all appli%alile I.AIAG. Food to sQk&- and wed t8 dispGse 7ni Thea nlino nth pFoperty s „Gh }hot Ih vfll-nEl� aannnvatroiS,oAG oF-pe . Fayetteville Code of Ordinances d trailers are _s Fra et a.l. ed n�l.- Wit____,aRgled flaFkieg pacer. and-n-�fe� m gated pualbli6 papkipF�l$is-it�tk��t�airaaa-9Fstrist 9"r—eni �'•.:gt94V13---I�i#ie;.,ocvm�oo--�mvrCl'�#.�,•1 F -God trunks and fneet treileem are also pfohig►ted fmpA paadiipg—ifiFAA:ned --&A@ sparer, that are posted Fesep,�ed f. s-reudential !h� iTh.. City res. a the right to limit faGd TT7�'"G tri GkS and fled Vader fFam „fili-.ine al 911 kes: Sues ;;nd- may be ava4lstile /-.fro.,�+in e.d ♦fhr.e:lr,re. f^r Parking----Divj&1on fer sppeGiaa epA tis IBS-LitafseFi�B-J�-ar+ I�q+�Ee F'FjR Fvcad t.,atika--aFid—food - clefs may he ed isiati--fob-2 at eeti"- f..11eWiRg renetitien ; fi�i 1. _ . 1!:l:1:41•:�'Cf1•: �Zl�Tit a ......... (2�. The pplioag has--Wovided a vaNd-sapy-,ef PFQGf Of t#e�ea+irt�--p#ea Itk�E}epai��er�t�e�r�it-arid €-kAAki-faxtyf Fayetteville. (2 Th6 an.n,.i,n (enn! has iSLa pspapy {ice dispose-^�-.. %A aOtvS aGGC r dSnGe vAth all appligahie laws Fogd traslcs and feed t'"� e� t-pea��illed tdispose of hey trash -irk 74 G. nlirant har, agreed to move to di#er+aRt mper€y-a#ter ate''--��'T,`- Guf- WA9 pe4Gd--T-his4;me-psfied lwdes-aAy-eesite sei-aPA"reak-dowpr-tim r�r rrt g �r,nerl €e -Ilew for fend and ye ne uses and the I".r,ati alms all applis�4 ;i I ks of- the underlying aonin9 district The�arop+ert� dwi f for -[�+ v�i�iA-seti8fa-+was--p Fe "rvyidee a u.ritfen_. etatement givi g the. fend +nide food ik4 -ep psfate on the pr^neny ❑ site pian shall be nrnWded dY-�he--ap�i���Y--e'wfle" CD178:10 pFGpgsed site ad , €eyed --tai redly 4eeate. T49-,aarnde le.+ - tt.a awl.UP to date with 11he PaRRin��- 17-5705 Proposed Code Changes (Clean Version) CHAPTER 178: OUTDOOR VENDORS 178.01 Purpose illustrating the type, location and dimensions It is the purpose of this chapter to promote and of all furniture to be placed in the public right - encourage open air commercial environments, while of -way. Sidewalk cafes may not be enclosed preserving and protecting the health, safety and by fixed walls or other permanent structures. welfare of citizens by promoting opportunities and regulations for the creation of said exceptions within (2) Sidewalk cafes must be open to the air, the City. except that an awning or canopy conforming to requirements established by the Unified (Ord. 5185, 10-7-08) Development Code and Building Code may be constructed over the sidewalk cafe. In 178.02 Sidewalk Cafes order to provide sufficient pedestrian clearance, umbrellas must have 7 feet of (A) Public rights-of-way are designed for free and free and clear space from the sidewalk unobstructed travel. However, the City of surface to the lower edge of the umbrella. Fayetteville recognizes that certain developed and developing areas in a traditional town form (3) Property shall be kept clean and free of are unique and that certain public amenities are refuse with no permanent trash containers not inconsistent with the underlying dedication for placed on the premises. the public right-of-way, as long as they do not impede travel or interfere with the public safety. (4) All furnishings and fixtures must be of a This ordinance is designed to encourage temporary nature and shall be removed from pedestrian activity and make the urban the public right-of-way and stored inside environment more attractive during nor -operational times (B) Sidewalk Cafe Authorization The City Planning (5) For sidewalk cafes using City right-of-way for Division may issue permit allowing a sidewalk operation, there shall be a minimum of five cafe on part of a specified sidewalk after the feet or 50% of the total sidewalk width for applicant has notified adjoining property owners. clearance, whichever is greater, to provide The City Planning Division shall ensure that no adequate and unobstructed pedestrian permit is granted, unless: movement. (1) The proposed sidewalk cafe will not unduly (6) If at any time the sidewalk cafe is determined impact or impede the public's ability to travel to impede travel or interfere with the public upon or use the sidewalk and any other safety, as determined by the Planning affected public right-of-way, including public Division, the sidewalk cafe shall be removed utility easements (7) One A -frame sandwich/menu board is (2) Any necessary costs to relocate a utility or permitted within the sidewalk cafes' border widen the existing sidewalk to accommodate during hours of operation, subject to the the proposed sidewalk cafe must be paid by applicable regulations in Ch 174: Signs for the sidewalk cafe applicant. the same. (3) The sidewalk cafe applicant may be required (Ord. 5185, 10-7-08) to post a surety bond or letter of credit 178.03 Sidewalk Vendors sufficient to cover the cost of removing the sidewalk cafe if necessary for the city or utility company to access pipes, lines, or (A) Purpose. Public rights-of-way are designed for other facilities. free and unobstructed travel. However, the City of Fayetteville recognizes that certain (4) The sidewalk cafe applicant must consent development patterns with wide sidewalks are that the city or utility company may remove, unique and that certain public amenities are not without liability or compensation, part or all of inconsistent with the underlying dedication for the the sidewalk cafe, if necessary, to get public right-of-way, as long as they do not access to a utility facility or improvement. impede travel or interfere with the public safety. This ordinance is designed to regulate open air (C) Requirements: Sidewalk cafes shall meet the vending of goods on public rights-of-way. following requirements in order to be approved: (1) Applicants requesting a license must provide (B) Sidewalk Vendor Authorization. The City a detailed site plan and written description Planning Division may issue a permit for a sidewalk vendor to use a specific sidewalk or CD178:1 Fayetteville Code of Ordinances plaza location for specified hours to sell specified (2) The permit issued shall not be transferable in goods for up to a one year period. The City any manner. Planning Division shall ensure that no permit is granted unless: (3) The permit is valid for one sidewalk vending location only. (1) The applicant has obtained all necessary permits from State or County authorities, including any Transient Merchant permit requirements. (2) The applicant 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 the previous twelve months, if applicable. (3) The applicant has filed a HMR tax remittance form with the City of Fayetteville, when applicable. (4) The applicant has notified all adjacent property owners, by certified mail, of the application. (C) Permit Application. Each application for a permit to conduct business on a sidewalk shall be accompanied by a $100 application and permit fee. Permits issued after July 1st shall be accompanied by a $50 application and permit fee Each permit will expire at 3 a.m. on January 1st following the year issued The permit fee shall be collected prior to issuance of the permit (1) Application for a sidewalk vendor permit shall" include the following items in a format acceptable to the City Planning Division: (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 used for transport or to display approved items or services. (f) A site plan indicating the location and dimensions of the proposed use and device or pushcart. (g) A detailed scale drawing, picture or diagram and material specifications of the device or pushcart to be used. CD178:2 (D) Permitted Vending Products and Goods (1) The City of Fayetteville permits the following types of goods for street vending in approved locations: (a) Cut Flowers (b) Food and Beverage (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. (2) All goods being sold from sidewalk vendors shall: (a) Be located within the permitted area and be attended at all times Sidewalk vendors 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. (c) Involve a short transaction period to complete the sale or render the service. (d) Not cause undue noise or offensive odors. (e) Be'easily carried by pedestrians (E) Pre -Approved Locations Sidewalk vendors are permitted in specific locations in Fayetteville as a use by right. These locations have been determined by the City Council to have adequate sidewalk width, pedestrian traffic flow, and they minimize potential conflicts with existing businesses. Sidewalk vendors are not permitted to operate on days / times associated with special events, unless they have been approved and granted a Special Events Permit from the organization coordinating the special event Maps of approved locations are available in the Planning Division. The locations where street vending is allowed as a permitted use are: Inside of the Fayetteville Square. Sidewalk vendors may locate along sidewalks on all sides of the interior of the downtown Fayetteville Square On days / times that the Farmers' Market or other special events TITLE XV UNIFIED DEVELOPMENT CODE operate, sidewalk vendors shall only be permitted if approved through the Farmers' Market or Special Event Permit process. (F) Alternative Locations. If an applicant wishes to operate as a sidewalk vendor in a location other than those specifically approved by the City Council, a permit must be obtained. Upon receipt of a permit application, the Planning Division shall review the proposed permit operating area to determine if the said area is suitable for street vending in accordance with this chapter. In making this determination, the Planning Division shall consider the following criteria: (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. An increase in cart size or operating area may be considered by the City Planning Division as a variance. The _determination of a larger cart size and/or operation area shall _ be subject to the variance criteria in Chapter 156.03(C). (2) The number of permits issued for the street vending location shall not exceed the capacity of the area in terms of maintaining the use of the sidewalk as a public right-of- way, with a minimum 48" pedestrian access route that is free and clear of obstructions. The Planning Division shall consider the width of sidewalk, the proximity and location of existing street furniture, including, but not limited to: signposts, lamp posts, parking meters, bus shelters, benches, phone booths, street trees and newsstands, as well as the presence of bus stops, truck loading zones, other sidewalk vendors or taxi stands to determine whether the proposed use would result in pedestrian or street congestion. (G) Requirements. Sidewalk vendors conducting business on the sidewalks of the City of Fayetteville with a valid permit issued under this Chapter 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 shall not exceed 40 square feet of sidewalk, which shall include the area of the mobile device, operator and trash receptacle. The Planning Division will provide a map of approved vendor locations (2) The length of the mobile device or cart shall not exceed 7 feet, including the cart's trailer tongue or hitch that is not removed or CD178:3 collapsible, and any propane tanks or other attachments to the mobile device. The width shall not exceed 4 feet, including the carts wheel wells or tires, and any accessory components of the cart such as retractable or collapsible sinks or shelves. (3) The height of the mobile device or pushcart, excluding canopies, umbrellas, or transparent enclosures, shall not exceed 5 feet (4) No permanent hardware shall be affixed to the sidewalk or adjacent buildings. (5) Mobile generators are prohibited. (6) No sidewalk vendor may conduct business on a sidewalk in any of the following places: (a) Within 10 feet of the intersection of the sidewalk with any other sidewalk. Sidewalk intersections shall be kept clear for pedestrian safety. (b) Within 10 feet of any handicapped parking space, or access ramp (c) Within 15 feet of a fire hydrant. (d) Within 15 ft. of an entrance to a building. (7) Street vending facilities shall be removed from the public right-of-way when not in use Sidewalk vendors are only allowed to operate between the hours of 5 a.m. and 3 am All carts shall be removed from the public right-of-way during non -operational hours. (8) Prior to final approval, Planning Staff shall inspect the sidewalk vendor set up in the proposed location The applicant shall make an appointment between the hours of 8 a.m to 5 p.m in which Planning Staff will inspect the cart and all proposed accessories such as coolers, trash receptacle, chairs, etc. that the applicant is proposing for the site. Upon approval, sidewalk vendors shall display in a prominent and visible manner the permit issued by 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. (10) Sidewalk vendors who sell food and beverage are required to be permitted, and receive approval, through the Arkansas Department of Health and Human Services Fayetteville Code of Ordinances for food related establishments. A copy of the permit issued by the State, and (2) Food trailers A type of mobile vendor which inspected and approved by the Washington is designed to be towed on public roads and County Health Department, shall be supplied having an enclosed area for storage, to the Planning Division prior to Planning handling or preparation of food. Division approval. (3) Other vendors. Mobile vendors are not (11) Sidewalk vendors are required to provide a limited to operating out of a food truck or trash receptacle for public use located within trailer. their permitted operating space. All sidewalk vendors must pick up and properly dispose (4) Mobile Vendor Court. An outdoor of all paper, cardboard, metal, plastic or commercial center with 5 or more mobile other litter in any form (including cigarette vendors in a shared location. butts) within the sidewalk area assigned to the vendor within thirty minutes of the end of (C) Mobile Vendor Permit Requirements. All mobile daily operations. Failure to completely vendors shall meet the following requirements remove all such litter from the authorized and submittals prior to approval: sidewalk location shall constitute a violation of the permit approval. (1) Each application for a permit to conduct a mobile vendor business shall be (12) No sidewalk vendor shall solicit, berate or accompanied by a $100.00 permit review make any noise of any kind by vocalization and processing fee. Mobile vendor permits or otherwise, for the purpose of advertising shall be issued to the owner of the mobile or attracting attention to his wares. No vendor vehicle. This application will also audible amplified music shall be permitted serve as the vendor's business_ license that will be processed as such. (H) Signage. Sidewalk vendors shall obtain a sign permit from the Planning Division prior to the (2) Application for a permit to conduct a mobile issuance of a permit to operate. Sidewalk vendor business shall include the following vendors are permitted a total of one (1) A -frame items in a format acceptable to the Planning sandwich/menu board subject to Ch. 174 Signs Division: regulating these types of signs. The menu board shall list the products and prices for the items (a) Name, address, contact information and being vended. Only products or services signature of both the property owner available at the vending location shall be and the mobile vendor requesting to displayed. locate on private property. (1) Revocation of the Sidewalk Vendor Permit. The (b) A valid copy of all necessary permits City Planning Division is authorized to revoke a required by State and County health sidewalk vendor's permit if it is determined that a authorities which shall be conspicuously violation of the requirements of the Unified displayed at all times during the Development Code has occurred operation of the business. (Ord 5185, 10-7-08; Ord 5321, 5-18-10; Ord. 5459, 11-15- (c) Proof of application for remittance of 11; Ord. 5768, 5-5-15) HMR tax to the City of Fayetteville, when applicable 178.04 Outdoor Mobile Vendors (d) For each location other than those (A) Purpose. The purpose of this section is to permitted as part of a Mobile Vendor facilitate and control the ability of mobile vendors Court, a detailed site plan roughly drawn and mobile vendor courts to operate on private to scale showing the location of the property while ensuring such use is compatible property lines, each mobile vendor with nearby properties, fosters an aesthetically location, building setback lines, vehicle appealing streetscape and does not create a parking spaces, the sidewalk location dangerous traffic condition. and any proposed dining or sitting areas. (B) Definitions. (e) Written authorization, signed by the (1) Food trucks. A type of mobile vendor which property owner or legal representative of is a motorized and operationally self- record, stating that the mobile vendor is contained single vehicle equipped with permitted to operate on the subject facilities for cooking and selling food. property for a specified period of time CD178:4 TITLE XV UNIFIED DEVELOPMENT CODE hard surface shall improve their parking (3) The mobile vendor has the responsibility to areas with gravel or other pavement dispose of all wastes in accordance with all designed in accordance with the Parking applicable laws. Mobile vendors are not Lot Design Standards. With respect to permitted to dispose of their trash in public landscaping requirements, the entire trash receptacles. Mobile Vendor Court shall be considered a parking lot and perimeter (4) The mobile vendor permit issued shall not be landscaping will be required in transferable in any manner. accordance with Parking Lot Landscape Standards. (5) The mobile vendor permit issued shall be conspicuously displayed at all times during (b) Sanitation. Adequate restroom facilities the operation of the mobile vending shall be provided either on-site or business through a shared use agreement with a neighboring business. Portable toilets, if (6) The proposed use must be a permitted use- used, must be screened from view of by -right within the underlying zoning district. the public. (c) Utilities. Above ground utility (7) Mobile vendors shall comply with the Federal connections shall not interfere with Americans with Disabilities Act (ADA) pedestrian or vehicular safety and shall requirements if the public has access to the not be located in customer service areas interior of any mobile vending unit or customer parking areas (8) Mobile vendors shall be required to renew (d) Mobile vendor courts shall not have their permit on an annual basis following the continuous curb cuts or exacerbate a same timeframe as a standard business dangerous pedestrian condition New license renewal As part of the renewal courts may close continuous curb cuts process, vendors shall submit an updated or improve pedestrian conditions with copy of the health department permit, HMR temporary materials subject to approval tax forms, and a re -inspection by the City of the City Planning Division. Acceptable Fire Department where applicable. Failure to materials include planters, plinths, renew a permit will be cause for revocation benches, pavers, and other furniture. by the City Planning Division. Temporary improvements installed by mobile vendor courts shall not reduce (D) Mobile Vendor Courts Mobile vendor courts may access for pedestrians with disabilities. be permitted administratively in appropriate zoning districts. A property owner may request a_ (E) Limited Time Permits Permitted food trucks and permit from the Planning Division to develop -a trailers may operate in the following locations for mobile vendor court subject to the following up to twelve hours each day, after which they standards: must move to a new location which is out -of -view of the original location. (1) The property owner has provided the Planning Division with a detailed site plan of (1) Marked parallel parking spaces, which are the mobile vendor court showing the not reserved for residential use and location and dimensional relationships of provided the parking space is not in front of the property lines, all proposed mobile a business selling similar food. Service to vendors locations, building setbacks, customers shall be only on the sidewalk vehicle parking, sidewalk location and side of the vehicle to maintain public safety proposed dining or sitting areas Vendors are not exempt from paying the standard rate for the parking space. (2) Site Improvement Requirements. (2) Marked parking spaces within parks (a) Site Design Sites shall be improved pursuant to City Code §97.086. with a barrier between vehicular and customer service areas, including (3) Private property zoned for food and ordering and dining areas. The barrier beverage sales and with the owner's may be implied or physical and permission constructed with landscaping elements; gated fencing; changes in ground (F) Exemptions. The provisions of the Mobile Vendor surface texture, material or color; or ordinance do not apply to: similar treatments. Sites which are not already paved with gravel or another CD178:5 Fayetteville Code of Ordinances (1) The placing and maintenance of unattended stands or sales devices for the sale or display of newspapers, magazines, periodicals and paperbound books. (2) The distribution of free samples of goods, wares and merchandise by any individual from his person. (3) Special events authorized by a Special Event Permit from the City of Fayetteville Parking Management Division. permit or during presentations to the Planning Commission (2) Conducting the business of mobile vending in a manner contrary to the conditions of the permit. (3) Conducting the business of vending in such a manner as to create a public nuisance, cause a breach of the peace, constitute a danger to the public health, safety, welfare or interfere with the rights of abutting property owners. (4) Fireworks sales. (4) Cancellation of health department (5) Children's lemonade stands. authorization for a food or beverage vending unit due to uncorrected health or sanitation (6) Temporary tent sales that operate for less violations, or; than 3 days. A tent permit from the Planning Division and Fire Marshal inspection is (1) Notification of Suspension or Revocation. The required. Development Services Director shall provide written notice of the suspension or revocation in a (7) Temporary sales for non-profit entities that brief statement setting forth the complaint, the operate for less than 5 consecutive days, grounds for suspension or revocation and notifying the vendor or the property" owner of (8) Non-profit organizations that prepare and his/her right to appeal to the Planning donate or give away food for free. Commission. Such notice shall be personally delivered, posted upon the mobile vendors' (G) Prohibited Conduct. The following conduct - is premises or mailed to both the address of the prohibited for mobile vendors: property owner and the address of the mobile vendor shown on the permit holder's application (1) Obstruct pedestrian or vehicular traffic flow. by certified mail, return receipt requested (2) Obstruct traffic signals or regulatory signs (Ord. 5185, 10-7-08; Ord. 5425, 8-2-11; Ord 5498 05-01-12, Ord. 5666, 3-18-14) (3) Use of any device that produces a loud and raucous noise or operate any loudspeaker, light or light system, public address system, radio, sound amplifier, or similar device to attract public attention (4) Conduct business in such a way as would restrict or interfere with the ingress or egress of the abutting property owner or tenant, create a nuisance, increase traffic congestion or delay, constitute a hazard to traffic, life or property, or obstruct adequate access to emergency and sanitation vehicles. (5) Use or display any signage that is not in compliance with the Unified Development Code Chapter 174: Signs. (H) Suspension and Revocation of Permit Any permit issued under these regulations may be suspended or revoked by the Development Services Director for any of the following reasons: (1) Fraud, misrepresentation or knowingly false statement contained in the application for the CD178:6 CITY OF 7ay% 711e ARKANSAS TO: FROM: MEETING DATE PLANNING COMMISSION MEMO Fayetteville Planning Commission Andrew Garner, City Planning Director Matthew Petty, Alderman March 27, 2017 (Updated with Planning Commission results) SUBJECT: ADM 17-5705: Administrative Item (UDC Chapter 178/UDC Amendment Outdoor Mobile Vendors): Submitted by CITY PLANNING STAFF and ALDERMAN MATTHEW PETTY for revisions to UDC Chapter 178 to modify the requirements for mobile vendors. RECOMMENDATION: Staff recommends that the Planning Commission forward ADM 17-5705 to the City Council with a recommendation for approval. DISCUSSION: March 13, 2017 PlanntgCommission., This item was discussed and tabled at the March 13, 2017 Planning Commission meeting The primary reason for tabling the item was for continued evaluation of improvements to public safety that may be required with mobile vendor courts. Based on the commission's input, a new subsection has been proposed to re wire any continuous -curb cuts be closed and pedestrian safety maintained. Due to the small size of new impact and semi-permanent nature of this use, the safety improvements may be completed with tempora measures This new subsection is 178.04 (D)(2)(d) as indicated on the attachments to this report. Additionally, the limited time permits have been expanded to 12 hours as requested by the commission. The Outdoor Mobile Vendor code (UDC Chapter 178) was amended in 2014 to allow vending on public property such as streets and parks. At the time of the proposed code change, concerns were expressed that there would be a large number of vendors that might have a negative impact on the availability of public parking. To offset that potential issue, permits for mobile vendors on public property were to be issued by a lottery drawing for a maximum of three permits annually. The total number of permits could be increased slightly depending on the number of applications. Although there were a few application for the first lottery, to staff's knowledge there have not been any, mobile vendors that have operated on public property such as in the parallel parking spaces on Dickson Street or in parking lots in parks since the code's change. Because mobile vending on public property has not proven to be a problem and a lottery drawing seems unnecessary, staff proposes to remove the lottery drawing requirement from the code. A conditional use permit process is required for mobile vendor courts and sidewalk cafes. There has only been one conditional use permit application for a mobile vendor court. The permit was for the Shulertown Food Court on Dickson Street which was in May of 2014. There have been no Planning Commission Mailing Address: Agenda Item 5 113 W. Mountain Street www.M9RgMNWra�r?dov Fayetteville, AR 72701 Page 1 of 1 applications for sidewalk cafes. Staff proposes to modify the requirements for mobile vendor courts and sidewalk cafes, and allow them to be approved administratively by staff. Section 178.04 allows two types of mobile vending permits: a six month permit that is approved by staff and a one-year (annual) permit that may be approved by the Planning Commission. There have been 19 annual permits submitted to the Planning Commission over the past three years and all have been approved, usually on the consent agenda. Because the Planning Commission and City Council have been supportive of these types of permits and no complaints have been received by staff, staff proposes to remove the time limitation for mobile vendors. Instead, staff proposes that mobile vendors simply renew their permit on an annual basis similar to a business license. These changes are an effort to encourage more vacant property to be utilized for mobile vending, provide economic opportunities for start-up businesses, and create a more lively streetscape and increased urban amenities for citizens. Proposal: Staff proposes the following code changes as outlined below and shown in the attached document in highlight and sk*eo4A: 178.01 Purpose. Change the word "retail" to "commercial". 178.02 Sidewalk Cafes. Change the requirement for sidewalk cafes to be able to be approved by staff instead of a conditional use permit. 178.04 Outdoor Mobile Vendors o B. Added definitions for various types of vendors for clarification. o C. Combined the "Mobile Vendor Six Month Permit" and "Mobile Vendor Annual Permit" into one permit that is approved by staff and applicants are required to renew their permits on an annual .basis like a business license. o D. Allow "Mobile Vendor Courts" to be approved administratively by staff instead of as a conditional use permit. Modified the requirements for mobile vendor courts to clarify site improvements especially in a greenfield site. o E. Change "Limited Time Permits" for all vendors to automatically be allowed "Limited Time Permits". This allows all permitted vendors to operate on public property such as Dickson Street and in city parks; also expanded the timeframe to 12 hours. 178.05 Food Truck and Food Trailer Limited Time Permits. Removed this section as it was condensed and combined into subsection "E". BUDGET/STAFF IMPACT: None Attachments: • Proposed code changes shown in highlight and stFikeeut PLANNING COMMISSION ACTION March 13. 2017 [gTabled (until next PC meeting) Motion: Hoffman Second: Hoskins Vote: 6-3-0 (Commissioners Quinlan, Autry, Belden voted 'no' as they were ready to forward the item) March 23, 2017 Ex Forwarded (recommend approval) Motion: Selby Second: Autry Vote: 8-0-0 Note: Recommend approval, including the change discussed on the wording for mobile vendor courts to be able to make pedestrian improvements using temporary public space improvements, as stated by staff Planning Commission March 27, 2017 Agenda Item 5 G:\ETC\Development Services Review\2017\Development Review\17-5705 ADM UDC Amend Ch. 178 (Outdoor Mobile Vendors)\01 PlaA Chapter 178 Commission\03-27-2017 Page 2 of 12 Exhibit A 178.04 Outdoor Mobile Vendors (B) Definitions. (1) Food trucks A type of mobile vendor which is a motorized and operationally self-contained single vehicle equipped with facilities for cooking and selling food (2) Food trailers. A type of mobile vendor which is designed to be towed on public roads and having an enclosed area for storage, handling or preparation of food. (3) Other vendors Mobile vendors are not limited to operating out of a food truck or trailer. (4) Mobile Vendor Court. An outdoor commercial center with 5 or more mobile vendors in a shared location (C) Mobile Vendor Permit Requirements All mobile vendors shall meet the following requirements and submittals prior to approval: (1) Each application for a permit to conduct a mobile vendor business shall be accompanied by a $100.00 permit review and processing fee. Mobile vendor permits shall be issued to the owner of the mobile vendor vehicle. This application will also serve as the vendor's business license that will be processed as such. (2) Application for a permit to conduct a mobile vendor business shall include the following items in a format acceptable to the Planning Division: (a) Name, address, contact information and signature of both the property owner and the mobile vendor requesting to locate on private property (b) A valid copy of all necessary permits required by State and County health authorities which shall be conspicuously displayed at all times during the operation of the business. (c) Proof of application for remittance of HMR tax to the City of Fayetteville, when applicable. (d) For each location other than those permitted as part of a Mobile Vendor Court, a detailed site plan roughly drawn to scale showing the location of the property lines, each mobile vendor location, building setback lines, vehicle parking spaces, the sidewalk location and any proposed dining or sitting areas. (e) _Written authorization, signed by the property owner or legal representative of record, stating that the mobile vendor is permitted to operate on the subject property for a specified period of time. (3) The mobile vendor has the responsibility to dispose of all wastes in accordance with all applicable laws Mobile vendors are not permitted to dispose of their trash in public trash receptacles (4) The mobile vendor permit issued shall not be transferable in any manner (5) The mobile vendor permit issued shall be conspicuously displayed at all times during the operation of the mobile vending business (6) The proposed use must be a permitted use -by -right within the underlying zoning district (7) Mobile vendors shall comply with the Federal Americans with Disabilities Act (ADA) requirements if the public has access to the interior of any mobile vending unit (8) Mobile vendors shall be required to renew their permit on an annual basis following the same timeframe as a standards business license renewal. As part of the renewal process, vendors shall submit an updated copy of the health department permit, HMR tax forms, and a re -inspection by the City Fire Department where applicable. Failure to renew a permit will be cause for revocation by the City Planning Division (D) Mobile Vendor Courts. Mobile vendor courts may be permitted administratively in appropriate zoning districts A property owner may request a permit from the Planning Division to develop a mobile court subject to the following standards: (1) The property owner has provided the Planning Division with a detailed site plan of the mobile vendor court showing the location and dimensional relationships of the property lines, all proposed mobile vendor locations, building setbacks, vehicle parking, sidewalk location and proposed dining or sitting areas. (2) Site Improvement requirements. (a) Site Design Sites shall be improved with a barrier between vehicular and customer service areas, including ordering and dining areas The barrier maybe implied or physical and constructed with landscaping elements; gated fencing; changes in ground surface texture, material or color; or similar treatments Sites which are not already paved with gravel or another hard surface shall improve their parking areas with gravel or other pavement designed in accordance with the Parking Lot Design Standards. With respect to landscaping requirements, the entire Mobile Vendor Court shall be considered a parking lot and perimeter landscaping will be required in accordance with Parking Lot Landscape Standards. (b) Sanitation. Adequate restroom facilities shall be provided either on-site or through a shared use agreement with a neighboring business. Portable toilets, if used, must be screened from view of the public. (c) Utilities. Above ground utility connections shall not interfere with pedestrian or vehicular safety and shall not be located in customer service areas or customer parking areas. (d) Mobile vendor courts shall not have continuous curb cuts or exacerbate a dangerous pedestrian condition. New courts may close continuous curb cuts or improve pedestrian conditions with temporary materials subject to approval of the City Planning Division. Acceptable materials include planters, plinths, benches, pavers, and other furniture. Temporary improvements installed by mobile vendor courts shall not reduce access for pedestrians with disabilities. (E) Limited Time Permits Permitted food trucks and trailers may operate in the following locations for up to twelve hours each day, after which they must move to a new location which is out -of -view of the original location. (1) Marked parallel parking spaces, which are not reserved for residential use and provided the parking space is not in front of a business selling similar food. Service to customers shall be only on the sidewalk side of the vehicle to maintain public safety. Vendors are not exempt from paying the standard rate for the parking space. (2) Marked parking spaces within parks pursuant to City Code §97.086. (3) Private property zoned for food and beverage sales and with the owner's permission RECEIVED JUN 0 5 2017 NORTHWEST ARKM"M S OFFICE Democrat 0azette r Fel. v -rt it �..4_1. 695I Ir., AFFIDAVIT OF PUBLICATION I Karen Caler, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Democrat -Gazette, printed and published in Washington County and Benton County, Arkansas, and of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of- CITY £ CITY OF FAYETTEVILLE Ord. 5979 Was inserted in the Regular Edition on: May 25, 2017 Publication Charges: $ 185.90 D Kare Caler Subscribed and sworn to before me This 31 day of ,(/ 2017. V v� Notary Public My Commission Expires: Z)Z4 J -2,n xk Ordinance: 5979 File Number: 2017-0192 ADM 17-5705 (UDC CHAPTER 178 OUTDOOR MOBILE VENDORS): AN ORDINANCE TO AMEND CHAPTER 178 OUTDOOR VENDORS OF THE UNIFIED DEVELOPMENT CODE TO END THE PERMIT LOTTERY FOR MOBILE VENDORS UTILIZING PUBLIC PARKING AREAS, TO ALLOW ADMINISTRATIVE APPROVAL OF PERMITS FOR MOBILE VENDOR COURTS AND SIDEWALK CAFES, TO ALLOW MOBILE VENDORS TO ADMINISTRATIVELY RENEW PERMITS ANNUALLY, AND TO MAKE TECHNICAL REVISIONS WHEREAS, the City has not experienced any problems since allowing mobile vendors to park in parallel spaces or public parking lots and ending the permit lottery will remove an unnecessary requirement for those businesses; and WHEREAS, allowing staff to administratively approve mobile vendor courts, sidewalk cafes, and annual mobile vendor permits will streamline the process for applicants. 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 § 178.01 by replacing "retail" with "commercial." Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 178.02(B) by repealing the introductory paragraph and enacting a new introductory paragraph as follows: "The City Planning Division may issue a permit allowing a sidewalk cafe on part of a specified sidewalk after the applicant has notified adjoining property owners. The City Planning Division shall ensure that no permit is granted, unless:" Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends § 178.03(B) by repealing the introductory paragraph and enacting a new introductory paragraph as follows: "TheCity Planning Division may issue a permit for a sidewalk vendor to use a specific sidewalk or plaza location for specified hours to sell specified goods for up to a one year period .The City Planning Division shall ensure that no permit is granted, unless:" Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends §§ 178.03(C)(1) and 178.03(1) by replacing. "Zoning and Development Administrator" with "City Planning Division" and § 178.03(F)(1) by replacing "Planning Commission" with "City Planning Section 5: That the City Council of the City of Fayetteville, Arkansas hereby amends § 178.04 Outdoor Mobile Vendors Located on Private Property by striking "Located on Private Property" from the title and by striking "on private property" from § 178.04(A) Purpose. Section 6: That the City Council of the City of Fayetteville, Arkansas hereby repeals §§ 178.04(B) through 178.04(E) and adopts new §§ 178.04(B) through 178.04(E) as shown in Exhibit A attached hereto and made a part hereof. Section 7: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 178.05 Food Truck and Food Trailer Limited Time Permits. PASSED and APPROVED on 5/16/2017 Approved: Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 74144846 May 25, 2017