HomeMy WebLinkAboutOrdinance No. 19963AIi ORDINAKCE GOkfCERNIN6 OUTDOOR VENDIlIG 0~1 PRIMATE
?ROPEitTY; A~ME{~!liltG SECTIONS 3.005, 9.016, 9.402, 9.43'9,
9.440, 9.443, 9.450, AnD 9.40 OF THE EUGENE C'3UE, 1911;
ADDING KEiI SECTIONS 3.350, 3.352, 3.35-4, 3.356, 3,35.8,
3.350, 3.36, AlI~ 3.364 30 THAT CODE; A."4I3 OECLARItl~; /~3d
EFfECTI~IE DATE.
THE CITY OF EUGENE DOES ORDI~?N AS FOlLO~fS:
~gi-. io~- I. Section 3.005 af' t~se Eugene Cods, 19?I, ~: mended by adding
in alphabetical order to the definitions set forth under the licensed Businesses
the f~rllsrwing caption and definitions for Outdoor Yea~ding an Pri^~ate Property,
?.oos [?eftn.s. f'or the purposes of this chapter, the folla~eiru3 words
and phrase: shall mean:
4tendlr-a an Ptr•f v,~,~e~trr:
C.na6rCa,. A i.rinsaS`t'{an aCCOrririg an pri~rate property
invaiv~ing tt~e sale of, or offer to sell, goods or services.
~~eic~ied vendGru~ ua~it. A pushcart or o~,her non-a9atorized
movable kart, sia~, sr device propelled, occupig^i, ar attached to
a ~rendor arr util {zed to e~egage in co+mmeree.
~y~tdsor V~e~ndin~. fna~aging in coaaaerce fra!a an ottvpied
Trending ~rn~~t, a~+t~~~rs on Isrxr~ake prrc~pe~,Ya inot~ to ir-clu~e caanmer~cs
on pubi is proper•~Lq~.
,„~~•. The speci~'ic aroma. ~xithin a license
operatiu~g zxea !~~ich 3s licea~sed u~r~der this chapter ±o engage in
caarnnerce .
~g~i'~+,~. A caption, and Secl:ions 3.3513, 3.352, 3.35.4, 3.35&, '1.358,
3.3G0, 3.362 and 3.3Cr4• are hereby added to the Eugene Code, lg7l * to ptro~ride-
3.350
~he growisions of
to a~~t!~~rire and
regulate outd~a~^ nYending on private property.
3.352 Outdoor Vending o~ Private PrQQgrty - License Rea iy'red. No person
shall engage in commerce from an occupied vending unit outdoors on
private property within the coy Borate limits of the city withot;t obtaining a
license pursuant to sections 3.350 to 3.364 of this code.
3.354 Q~tdoor Ygn~in4 on Private Property - Exemat A~tivii<ies. Sections
3.350 to 3.364 of this code shall not apply to outdoor vending
conducted as p?rt of a special event, as defined in section 3.005 of this code,
provided the activity has been specifically approved or issued a special permit
by the city.
3.356 Outdoor V_endina on Priva~tg ~„fooerty - License Reauirements. In
addition to the requirements of section 3.041, each vendor desiring
to engage in outdoor vending commerce not exempt under section 3.354 of this code
shall:
3.358
(a) Submit to the city an application for outdoor vending on
private property;
(b) Locate anywhere except areas zoned RA, k-1, R-2, R-3, R-
4, or AG under chapter 9 of this code;
(c) Conduct business only at the location designated on 'the
license; and
(d) Pay fees according to the schedal:~ adopted by the city
manager pursuant to section 2.020 of this co~'e.
- t maRtn rowers yr ute t~
ear. The rules adopted un er section concerning ~censes
ng on private property may address, but are not limited to, the
for outdoor vend
following areas:
(a) Restriction:. ~, vending locations, including how close
vendors may locate to property lines, entrances to buildings, and to
avoid traffic congestion;
(b) The amount of the applicable fees.
3.360 Q - su n of icen
(1) In determining whet er to grant or eny an ou oor vending
license, the city shall consider:
(a) The need to maintain the free flow of pedestrian and
vehicular traffic on streets, sidewalks and areas open to the
public:
(b) Any danger to public health, safety or welfare or to
public or private property that may result from approval of an
application;
(c) The need to prevent interferEnc2 with the peaceful
enjoyment of the areas near places where outdoor vending is
occurring.
(2) The city may issue an outdoor vending license upon finding that
the applicant has met all requirements of this code and rules adopted under this
Ordinance - 2
chapter, and that the criteria of subsection (1) of this section 3.350 are
satisfied.
3.362 Outdoor Pending on Private Property - Restrictions. No licensee
under section "s .360 of this code shall:
(a~ Operate in a manner which creates a danger to persons or
property;
(b) Use private property without the written permission of
the owner of the property;
(c) Use private property in violation of any land use
provisions of chapter 9 of this code;
(d) Ninder or impede pedestrian or vehicular traffic;
(e) Operate in a manner which will hinder emergency or
utility services.
3.36 Outdo r Ven i on Priv t r e"r• - io In
addition to revocation of a license issued pursuant to section 3.360
for violation of any provisions of sections 3.350 to 3.362 of thrs code, or any
resle issued thereunder, an outdoor vending license may be revoked if the city
manager finds that:
(a) The nec-~! to maintain the free floM of pedestrian and
vehir.~~Tar traffic on areas open to the public necessitates
reyorWtion of the license;
(b) A danger to public hea:+.h, safety or welfare or to
public or private property may result from continuation of the
licensed o~idoor vending at that location; or
(c) The need to prevent interference with the peaceful
en3oyment of the areas near places where outdoor vending is
occurring necessitates revocation of the license.
Section 3. Section 9.015 of the Eugene Code, 1971 is amended by adding
definitions for "Commerce," "Occupied vending unit," "Outdoor rending," and
"Vending location" in alphabetical order therein, to provide:
9.015 Definitions. As used in this chapter, unless the context requires
otherwise, the following words and phrases shall rrrnan:
Commerce. A transaction occurring on private property
involving the sale of, or offer to sell, goods or services.
Occupied vending unit. A pushcart or other non-motorised
moveable cart, stand, or device propelled, occupied or attached to
a vendor and utilized to engage it commerce.
Outdoor Pending. Engaging in coamerce from an occupied
vending unit outdoors on private property; not to include conmerce
on public property.
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YendinQ location, The specific area within a license
operating area which is licensed under chapter 3 of this code to
engage in commerce.
i 4. Subsection (d} of Section 9.402 of the Eugene Code, 1971, is
amended ':o provide:
9.402 permitted Buildings and Uses. In the PL Public Land District, the
following buiidings ~~d uses are permitted subject to the genar~al
provisions wed exceptions beginning with acid following section 9.532:
~d) The following uses when located on all or part of public
property tF~at the governing body declares is not cur~~ently needed
for its original purpose. Such uses shall conform to appli::able
performance standards in sections 9.636 to 8.662. Traffic and
parking impacts and the capacity of adjacent streets shall be
considerea in the design and location of in~ernal circulation and
perking areas, including entrances and exits. If possible, sct,~ool
playgrounds sha71 be re'cained for public use.
the process used by tt~e governing body to determine whether a
particular temporary use shall be permitted on property not
currently needed for its original public use shall assure that
neighborhood residents and properfi.y owners in the subject area have
the opportunity to review and comment on the proposed use.
At least once every ten years, the governing hoes that owns
the property shall review its current needs. If the property is
again needed for its former public use, it shall be re-converted to
that use, in whole or in part, accordingly. When public land is
sold for private development, the city shall rezone it according to
the procedure for zoning district boundary changes beginning with
and following section Q.668.
1. Ballet and gymnastic training schools and
academies.
2. Christmas tree sales outdoors, frog the day after
Thanksgiving to 3anuary 1.
3. Community centers for neighborhoods, senior
citizens, adults, teens or children.
4. Community oz• allotment gardens.
5. Comr7unity food and !got meal services when non-
profit.
6. Day care facilities, subject to the development
standards set forth in section 9.38b.
7. Offices and meeting rooms far non-profit
organizations
8. Private athletic facilities such as bailfields.
9. Private educational institutions offering an
academic curriculum.
10. Outdoor vending, subject to the procedures and
standards in sections 3.35} to 3.364 of this code, and rules
issued there~~rder.
il. Combinations of the shave uses.
Ordinance - 4
section 5. The matrix in Section 9.4w9 of thy: Eugene Gode, 1971, is
amended by adding "Outdoor vending" in alphabetical order t~,erein, to provide:
9.439 ~. The following reflects the uses permitted outright,
conditionally, or subject to standards or other requirements of this
:.ode ~yithin the C-1, C-2, C-3, C-4 and GO zoniry districts:
P ......... Permitted outright
C ......... Conditional Use Permit approval required
'~ ......... ~!otations at end of the list
NEC ....... Not elsewhere c3assified
Standards Code includes special req~=irements for use listed
Outdoor vending (standards} .. ............................ P P P P P
6. Section 9.40 of the Eugene Cade, 1971, ;s amended by adding
a new subparagraph.(o) thereto, to provide:
9.440 S,~iecial Standards. In addition to general provisions, parking, and
other regulations required by this code, the following uses are
subject to the special standards set forth in this section:
{o) Outdoor vending. Must conform to the procedures and
standards in sections 3.350 to 3.364 of this code, and rules issued
thereunder.
Section 7. Sectior. 9.443 of the Eugene Code, 1971, is amended by adding
a ne~,~ subparagraph (j) thereto, to provide:
9.443 Permitted Buildings and Used. Ie the I-i Special Ind~~strial
District, the following buildings and uses are permitted, subject to
the general provisions and exceptions set forth in sections 9.445 and 9 S32 to
9.662.
(j) Outdoor vending, providing it is in compliance with
procedures ar-d standards in sections 3.350 to 3.364 of this code,
and rules issued thereunder.
Section 8. SubparagrapF, (1-1) of Section 9.450 of the Eugene Cade, 1971,
is hereby relettered to (~n-1), and anew Subparagraph (1-I) is added thereto, to
provide:
9.450 Permitted Buildings and Uses. In the I-2 Light-Medi::m Industria~
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