Chapter 27.67 — OPEN AIR VENDORS

The intent of this chapter is to regulate open air vendors selling prepared food, fresh cut flowers or plants.

"Open Air Vendors" means persons who sell prepared food, fresh cut flowers or plants from a stand or non-motorized, non-stationary cart or pushcart on private property.

Open air vendors may be permitted on executive or commercial (including the Central Business District) zoned private property and specific locations on said property subject to the approval of a Special Permit by the Planning Commission.

The property owner(s) written consent shall be filed with an application for a special use permit. The property owner shall be ultimately responsible for the manner in which open air vending is operated on his or her /her property.

Vacant unimproved property shall not be considered for open air vending. Open air vendors may be permitted on improved private property when:

(a) There is an existing operating primary use on-site. Leases for open air vending space shall run concurrent with the primary lease.

(b) The open air vendor is considered to be an incidental use on the property.

(c) The space for the vendor does not occupy required off-street parking spaces.

(d) The space for the vendor is convenient to existing pedestrian movement and does not interfere with vehicular circulation and parking.

(e) Sturdy and rigid refuse containers which are animal proof and a litter control plan are provided.

The following conditions shall apply to all open air vendors as defined by this chapter:

(a) Open air vendors shall be limited to the sale of flowers, plants or food for immediate consumption such as hot dogs, sandwiches, ice cream and non-alcoholic beverages.

(b) The hours of operation shall be established on a case-by-case basis by the Planning Commission but in no case shall they exceed the hours of operation for the primary use on

subject site.

(c) There shall be no vending from a truck, van, automobile, or other motorized vehicle.

(d) A clearance by the County Health Officer shall be on file with the City as part of the application, when applicable.

(e) The maximum overall size of the stand or non-motorized non-stationary cart or pushcart, hereafter referred to as "conveyance" shall be established on a case-by-case basis by the Planning Commission.

(f) Signs shall be limited to non-electrical signs that are permanently affixed to the vendor's conveyance. The total sign square footage shall not exceed 6 (six) square feet.

(g) Items for sale shall be confined to the vendor's conveyance. However, areas immediately adjacent to the vendor's conveyance may be used for sales purposes when it can be demonstrated that the location will not impede pedestrian or vehicular circulation.

(h) Noise generating devices, such as, but not limited to horns, bells, loudspeakers or amplifiers, shall not be used.

Off-street parking and loading is not required for open air vendors.