§ 16.50.460.2. Conditions of operation.

Roadside vending markets that do not meet all of the following conditions are prohibited:

A.

Roadside vending markets shall sell only food.

B.

The owner or operator shall have the written permission of the owner or tenant of the property upon which the roadside vending market is to operate.

C.

The roadside vending market shall have a business tax receipt and all state and county approvals and licenses.

D.

Roadside vending markets which sell cooked or processed edible substances or beverages which require a permit from the state department of business and professional regulation shall display that permit.

E.

Roadside vending markets shall not be located upon lots or properties which are used or developed to be used solely for residential purposes and shall be located at least 100 feet from a previously permitted restaurant or retail store that sells food, not located on the same property or lot. Only one roadside vending market shall be allowed on each block face. Roadside vending markets shall only be located in the enterprise zone approved by the City and State and within 200 feet of one of the following intersections, if located within the enterprise zone:

ELIGIBLE INTERSECTIONS FOR ROADSIDE MARKETS
4th Street North and the following avenues:	Central, 1st, 5th (except the northeast corner), and 9th (except the two easterly corners)
4th Street South and the following avenues:	Central, 1st, 5th, 18th and 22nd
Dr. Martin Luther King, Jr. Street North and the following avenues:	Central, 1st, 5th and 9th
Dr. Martin Luther King, Jr. Street South and the following avenues:	Central, 1st, 5th, 18th, 22nd and 26th
16th Street North and the following avenues:	Central 1st and 5th (except the northwest corner and the two southerly corners)
16th Street South and the following avenues:	Central, 1st, 5th, 18th and 22nd
22nd Street South and the following avenues:	5th, 18th and 22nd
28th Street North and the following avenues:	Central, 1st (except the northwest corner), and 5th (except the two northerly and the westerly corners)
28th Street South and the following avenues:	Central, 1st, 5th, 18th and 22nd
34th Street South and the following avenues:	Central (except the two easterly corners and the north corner) and 1st (except the two easterly corners)

 

F.

Roadside vending markets shall be located on approved vehicular use areas which have proper curb cuts and driveways for access from the right-of-way. A roadside market is limited to a maximum of 200 square feet, may not block the use of more than two parking spaces of any approved principal use and shall comply with the visibility at intersection requirements of this chapter.

G.

Roadside vending markets shall not be located in the right-of-way. Stopping and parking a vehicle in the right-of-way to make purchases is prohibited.

H.

Roadside vending markets shall only be open during daylight hours. No permanent structure shall be erected and all items associated with the roadside vending market shall be removed at the end of each day. There shall be no electrical or water service to a roadside vending market.

I.

The owners or operators of the roadside vending market shall have no more than two motor vehicles on the lot or property of the principal use at any one time.

J.

Not more than two signs, each no larger than three by five feet in dimension, may be displayed. Signs may be displayed only during the hours of actual business operation. No sign shall be located in the right-of-way.

K.

The area shall be kept neat and orderly at all times and all garbage or trash shall be removed daily.

L.

No application shall be accepted which requests a variance to any locational requirements of this subsection.

(Code 1992, § 16.50.460.2)