Policy Discussion Item:  Regulating Transient Sales Merchants in the COR

The intent of this case is to review current standards for transient sales regulations in the community; specifically how it relates to architectural design standards in The COR. The impetus for the case is an increase in the number of applications for temporary tent permits and fireworks sales permits. Transient sales are those that occur on a temporary basis in a temporary structure. Currently, the City restricts these to no more than sixty (60) days per year per parcel.

Primarily, Staff desires to ensure that the current practice is the policy direction that the City desires to continue. There are two (2) broad policy directions to consider:

1. Continue to allow these transient sales under current code for The COR.
2. Direct Staff to put additional controls or restrictions on the transient sales in The COR.

The most common transient sales in retail areas are temporary garden/green house sales and firework tent sales. There are, however, a wide variety of transient sales that can occur.

Chapter 26 of the City Code – Licenses, Permits and Miscellaneous Business Regulations, Article 13 – Peddlers, Solicitors and Transient Merchants -- serves as the only regulations for this particular business and land use type. Sec. 26-549 defines a 'transient merchant' as, "any person who engages temporarily (60 days or less) in the business of selling and delivering goods, wares, or merchandise within the city, and who in furtherance of such purpose, hires, leases, uses or occupies any building, structure, vacant lot, parking lot, tent, alley, motor vehicle, trailer or railroad car."

Sec. 26-551.- Restrictions with regard to placement of transient merchant wares -  requires that, "transient merchants must make certain their goods, wares or merchandise for sale are on an improved surface per the zoning requirements for that district. They may not locate within required green space between the parking area and the right-of-way. The site must remain in compliance with article II, division 8 of this chapter." Chapter 26, article II, division 8, does not however, exist. 

Staff has conducted research on local communities with ordinances regulating transient merchant sales and has provided these examples as an attachment. Additionally, Staff has attached existing regulations that are similar in nature, but do not directly apply to the use in discussion. These regulations include Interim Use Permits (ordinance attached), and the provision of temporary seasonal sales as an accessory use in certain districts. Temporary seasonal sales are, however, neither defined nor regulated beyond being permitted as an accessory use in B-2, H-1.

N/A

Staff has reviewed how other communities address transient merchant sales and has prepared a document that includes a range of regulations for the Commission to review. Commonly regulated aspects of use/site/structure include:

• Ownership
• Parking, traffic circulation
  • Number of parking spaces host-business is allowed to sacrifice
  • Number of parking spaces needed to service use
• Size     
  • Relative to the host-business? Relative to parking area in which it is located? 
• Duration, hours of operation, lighting
• Containment or cordoning   
• Signage
• Site Maintenance

Other temporary or transient uses and structures that are similar in nature and therefore may warrant some consideration include: produce stands, mobile food units (i.e. food trucks), and other pop-ups.

This is being handled as part of Staff's regular duties.

Staff is not recommending any ordinance changes at this time, but seeks to either:

1. Confirm current policy consisting of only time limitations and location restrictions.
2. Direct Staff to forward an ordinance amendment based on discussion.

Based on discussion.