Chapter 19.50 — OPEN AIR VENDING FACILITIES

The purpose of this chapter is to regulate open air vending facilities selling prepared food, fresh cut flowers or plants, or any other use determined by the Planning Manager to be consistent with this type of sales. The following regulations shall apply to the operation of open air vendors where allowed by Article II in the applicable zone.

(Ord. 5428 § 1, 2014)

• A. Open air vending facilities may be permitted on commercial, business professional or industrial zoned private property and specific locations on said property subject to the approval of an Administrative Permit by the Planning Manager, pursuant to Chapter 19.74 .

  1. Exemptions. Open air vending facilities located within enclosed retail buildings, shopping centers, malls, office buildings and industrial buildings are exempt from the regulations and requirements of this chapter.

• B. The operation of an open air vending facility within the public right-of-way shall require the approval of a Conditional Use Permit pursuant to Chapter 19.74 of this title.

• (Ord. 5428 § 1, 2014; Ord. 6198 § 1, 2020)

An open air vending facility shall comply with the following development standards:

• A. The use shall be on improved private property unless a Conditional Use Permit, pursuant to Section 19.74.010(B) , is approved (improved private property shall be defined as a property which has a paved legal access and adequate hardscaping to accommodate an open air vending facility);

• B. The use shall not be within 200 feet of another open air vending facility;

• C. The use shall not be within 15 feet of any fire hydrant;

• D. The use shall not occupy required off-street parking spaces or required landscape areas, and shall not be located on a pedestrian path/sidewalk that is less than 10 feet in width. A minimum of a six-foot path of travel shall be maintained around the facility;

• E. The use shall not be located within any required landscaping setback adjacent to a public street;

• F. The use shall not exceed more than 200 square feet in area;

• G. At an intersection, the use shall be located outside of a 30-foot by 30-foot commercial clear vision triangle (Chapter 19.95 , Definitions);

• H. The use shall include trash receptacle(s) and such receptacles shall be maintained, by the vendor, so as not to create an offending odor or visual nuisance;

• I. The area on which the open air vending facility is located shall be kept free of debris;

• J. The use shall not reflect undesirable light and glare from the designated premises;

• K. The use shall not use, play or employ any sound, outcry, amplifier, loudspeaker, radio or any other instrument or device for the production of sound in connection with the promotion of an open air vending facility;

• L. The open air vending facility shall not be greater than 10 feet in height;

• M. Signage shall not exceed a total of 30 square feet on a maximum of two signs both of which are required to be attached to the pushcart;

• N. Sale of product shall be from the approved open air vending facility and not from additional accessory stands, tables, chairs, or any other devices other than those indicated on the approved application;

• O. The use shall be located on a generally level portion of the site and an adequate breaking system be provided for, as necessary;

• P. The use shall not be closer than 12 feet from the outer edge of any entrance to any building; and

• Q. Storage and handling of food shall comply with all applicable county and State requirements. (Ord. 5428 § 1, 2014)

The approval or conditional approval of an Administrative Permit for an open air vending facility shall be based on a finding by the Planning Manager that the establishment, maintenance or operation of the use and facility will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood, or to the general welfare of the City.

(Ord. 5428 § 1, 2014)

Appeal of the decision of the Planning Manager shall be made in accordance with the procedures specified in Chapter 19.80 of this title. (Ord. 5428 § 1, 2014)

A permit issued pursuant to this chapter shall lapse and be of no further force and effect in the event the open air vending facility fails to be operated either for a period of 60 consecutive days between May 1st and September 30th of any year or for a period of 90 consecutive days between October 1st of one year and April 30th of the next year. Prior to conducting any further activities upon lapse, a new permit shall be obtained. (Ord. 5428 § 1, 2014)

The approved permit shall be prominently displayed at all times at the approved location. (Ord. 5428 § 1, 2014)