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Home My WebLink About2017-3857 - Ordinance - 01/26/2017 ORDINANCE NO. 2017-3857 AN ORDINANCE AMENDING CHAPTER 4, "BUSINESS REGULATIONS", SECTION 4- 1.K, "ITINERANT VENDOR PERMIT — TERM, LIMITATIONS AND REPRESENTATIONS.", SECTION 4-l.M, "EXEMPTIONS TO ITINERANT VENDOR PERMITS.", AND CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE", SECTION 12- 7.12.B, "CATEGORIES OF OUTDOOR STORAGE AND DISPLAY" OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 4, "Business Regulations", Section 4.1.K, "Itinerant Vendor Permit— Term, Limitations and Representations", of the Code of Ordinances of the City of College Station, Texas be amended as set forth in Exhibit"A" attached hereto;that Chapter 4, "Business Regulations", Section 4.1.M, "Exemptions to Itinerant Vendor Permits", of the Code of Ordinances of the City of College Station, Texas be amended as set forth in Exhibit "B" attached hereto; that Chapter 12, "Unified Development Ordinance," Section 12-7.12.B "Categories of Outdoor Storage and Display", of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit"C"attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way affect the validity of the remaining provisions or sections of this Ordinance,which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Two Thousand Dollars ($2,000.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. ORDINANCE NO.2017-3856 Page 2 of 5 PASSED, ADOPTED and APPROVED this 26th day of January, 2017. ATTEST: APPROVEDD• • Ci y ecret.; ay• APPROVED: l409 A Attorney ORDINANCE NO.2017-3856 Page 3 of 5 EXHIBIT "A" That Chapter 4, "Business Regulations", Section 4.1.K, "Itinerant Vendor Permit – Term, Limitations and Representations", of the Code of Ordinances of the City of College Station,Texas is amended to read as follows: "K. itinerant vendor permit—Term, limitations and representations. 1. Duration. (a) Itinerant vendors' permits shall be valid for one (1) year, provided that sales may not be conducted for longer than thirty-six (36) days per year. (b) No use may be continued beyond the period of the permit, absent compliance with all provisions of the City's Unified Development Ordinance, as amended. (c) If sales are conducted out of a tent, the tent may only be set up two (2) days prior to any sales period and it must be taken down two (2) days after any sales period. (d) One (1) day is defined as twenty-four (24) hours. 2. Zoning and location restrictions. (a) No itinerant vendor may locate in an area unless the zoning classification of the area permits the type of business or service to be performed or provided. (b) No itinerant vendor may locate in the street or city right-of-way. (c) Temporary parking space rentals shall not exceed three (3) consecutive days or twenty-one (21) cumulative days per year unless compliance with all provisions of the City Unified Development Code, as amended. For the use of premises for temporary parking space rentals pursuant to the permit, the permanent business shall be closed or have excess parking as provided by the City Unified Development Code, as amended. 3. Representation of Endorsement prohibited. It shall be unlawful for any person to represent that the issuance of either a permit or a certificate of registration by the City of College Station constitutes an endorsement or approval of the purposes of a solicitation sale by the City." ORDINANCE NO.2017-3856 Page 4 of s EXHIBIT "B" That Chapter 4, "Business Regulations", Section 4.1.M, "Exemptions to Itinerant Vendor Permits", of the Code of Ordinances of the City of College Station, Texas is amended to read as follows: "M. Exemptions to itinerant vendor permits. 1. Christmas tree sales are exempted from the Itinerant Vendor permit location requirement of five (5) percent or sixteen (16) spaces and are exempted from the time requirement of three (3) consecutive days or twenty-one (21) cumulative days. Christmas tree sales may be made during the Christmas holiday season, November 15 through December 24. 2. A charitable organization holding a bazaar, fete, rummage sale, car wash or other special event for the purpose of raising funds no more than two (2) times per year is exempt from this ordinance. 3. Itinerant Vendors selling unrefined farm products shall be required to pay an application fee but shall not be required to provide a bond. 4. Mobile medical uses, including but not limited to, IV therapy units, blood donation, and mobile mammography buses. Emergency medical services ("EMS") response and transport, and non-emergency medical transfers and transport are excluded from this exemption and are regulated by a city-granted franchise." ORDINANCE NO.2017-3856 Page 5 of 5 EXH.C.B1YI' "C" That Chapter 12, "Unified Development Ordinance," Section 12-7.12.B "Categories of Outdoor Storage and Display", of the Code of Ordinances of the City of College Station,Texas, is amended to read as follows: "B. Categories of Outdoor Storage and Display. 1. Outdoor Display. Outdoor display is display of items actively for sale or rent. Outdoor display shall be allowed adjacent to a principle building wall and extending to a distance no greater than five (5) feet from the wall. In lieu of this requirement, a business may obtain site plan approval for outdoor display areas adjacent to the principal building's public entry façade. Such areas shall not exceed ten (10) percent of the total gross floor area of the principal structure or two thousand five hundred (2,500) square feet, whichever is less. Such storage shall not be permitted to block windows, entrances, or exits, and shall not restrict pedestrian or vehicular circulation, access, or parking. 2. Permanent Outdoor Sales Areas. Merchandise may be stored or displayed on site for sale to customers. Permanent outdoor sales areas shall be enclosed by a minimum six-foot screen or wall. Such areas shall not exceed two thousand five hundred (2,500) square feet or ten (10) percent of the total site area, whichever is less. Permanent outdoor sales areas must comply with district setback requirements. Such areas may not interfere with parking or parking lot requirements. Permanent areas open to the public for the display and/or sale of merchandise shall be shown on a site plan and will be included in parking requirement calculations. 3. Temporary Outdoor Sales and Storage. Temporary Outdoor Sales Areas, including sales tents, may be displayed for up to thirty- six (36) days per calendar year. Such areas shall be clearly defined and shall not interfere with parking lot requirements. Christmas trees may be displayed for sale from November 15 to December 31. 4. General Outdoor Storage. Outdoor storage consists of all remaining forms of outdoor storage not classified above. Outdoor storage visible to the public right-of-way or adjacent properties is allowed so long as it is completely screened from view outside the site by a solid wall or fence at least six (6) feet in height. Except for developments in the M-2 district, outdoor storage shall not exceed the height of required screening. Outdoor storage shall not be allowed within a required front setback."