HomeMy WebLinkAbout544_Amending Ch 10 of Zoning Code Regarding Special Exception for non permanent Accessory Vendorsspecial exception for non-permanent accessory vendors
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CITY OF OW ASSO, OKLAHOMA
ORDINANCE NO 544
Ok
Owasso
180
Box
o
p
City of Owasso
AN ORDINANCE AMENDING PART TWELVE (12) PLANNING, ZONING
DEVELOPMENT, CHAPTER TWO (2) ZONING REGULATIONS,
SECTION 12-201 ZONING REGULATIONS ADOPTED, CHAPTER TEN (10),
USE UNITS, AMENDING SAME IN PARTICULAR SECTION 1002 -
AREAWIDE SPECIAL EXCEPTION USES TO ALLOW NON-PERMANENT
ACCESSORY VENDORS BY SPECIAL EXCEPTION ONLY, REPEALING
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH, AND PROVIDING FOR AN EMERGENCY CLAUSE.
...........-.
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the
the proposed amendment to
WHEREAS, public hearings have been held regarding
Owasso Zoning Code, Chapter Section 1002, and;
c~
has considered the recommendation of the Owasso
against the proposed amendment.
WHEREAS, the Owasso City Council
Commission and all statements for or
IT ORDAINED BY THE COUNCIL OF THE CITY OF
, THEREFORE, BE
OWASSO, OKLAHOMA THAT:
Chapter 2, Zoning
Areawide Special
Accessory
Section 1. That Part Twelve (12), Planning, Zoning and Development,
Regulations, Section 12-201, Chapter Ten (10), Use Units, Section 1002,
Exception Uses should be, and hereby is amended by adding "Non Permanent
" to Included Uses contained therein.
hereby expressly
Section 2. That all ordinances or parts thereof in conflict herewith are
repealed. Those portions consistent herewith remain unaffected hereby.
for the preservation of the
shall take effect immediately
Section 3. That an emergency is hereby declared to exist
public peace, health, and safety, by reason whereof this ordinance
from after its passage, approval, and publication.
1997
May
day of
published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, May
29,1997.
CiTY OF OWASSO, OKLAHOMA
ORDINANCE NO. 544
AN ORDINANCE AMENDING PART TWELVE (12) PLANNING, ZON-
ING AND DEVELOPMENT, CHAPTER TWO (2) ZONING REGULATIONS,
SECTION 12-201 ZONING REGULATIONS ADOPTED, CHAPTER TEN
(10), USE UNITS, AMENDING SAME IN PARTICULAR SECTION 1002
AREAWIDE SPECIAL EXCEPTION USES TO ALLOW NON-PERMANENT
ACCESSORY VENDORS BY SPECIAL EXCEPTION ONLY, REPEALING
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HERE-
WITH, AND PROVIDING FOR AN EMERGENCY CLAUSE.
PASSED AND APPROVED this 20th day 01 May, 1997.
CITY OF OWASSO, OKLAHOMA
Is! Mary Lou Barnhouse
Mary Lou Barnhouse, Mayor
(SEAL)
ATTEST:
Is! Marcia Boutwell
Marcia Boutwell, City Clerk
APPROVED AS TO FORM:
Is! Ronald D. Cates
Ronald D Cates, City Attorney
OWASSO REPORTER
STATE OF TULSA COUNTY, ss
Bill R R~ of lawful age, being sworn
and authoJ J., says that he is the of the
Owasso R, ter, a newspaper in
the of a news-
paper notices, advertise-
ments and ,lications as in Section 106 of
Title 25, Oklahoma Statutes 1971 and 1983 as
and and with an other
of the laws of Oklahoma with reference
to legal
That said e copy of which is attached
was l the regular edition of said
newspaper ( riod and time of
and not in a on the dates:
MEMORANDUM
THE HONORABLE MAYOR AND COUNCIL
CITY OF OW ASSO
TIMOTHY D. ROONEY
COMMUNITY DEVELOPMENT DIRECTOR
TEXT AMENDMENT TO ALLOW NON-PERMANENT
ACCESSORY VENDORS BY SPECIAL EXCEPTION ONLY
May 14, 1997
BACKGROUND
Owasso currently permits non-permanent accessory vendors in Commercial and
districts through the Licensing and Business Regulations of the Code of Ordinances
of Owasso (see attached). No site plan review, notification of surrounding
property owners, or public hearing for input are currently involved in the review process of
this business
. ,
mcreasmg
have created
does specifically
legal
not
no
Gradually, over the last two years, non-permanent accessory vendors
planning challenge for staff. Because the current Code of Ordinances
require zoning compliance or site plan review of any kind, staff possesses
to intervene and require specific conditions to be met.
A current regulations and possibilities regarding future regulation indicates that
best manner which to regulate this type of use would be to require each use to obtain a
Special Exception from the Owasso Board of Adjustment. Currently, Section 1002 of
Chapter of the Owasso Zoning Code is designed to permit specific uses "which in some
instances be suitable for location in any use district but, because of their potential
adverse influence on adjacent properties, require site plan review and are therefore,
permitted use districts as a special exception requiring Board of Adjustment approval. I
Included uses specifically called out within this section include off-site construction facilities
temporary office structures
By requiring other accessory vendors to obtain a Special Exception through the Owasso
Board Adjustment, all property owners within 300 feet of the subject property would
receive notification of the request, a legal ad would be published in the Owasso Reporter, a
site be required for review, and a public hearing would be conducted.
it would allow for each request to be reviewed specifically as it relates to its
proposed and any challenges that may accompany it at that location. The Board of
Adjustment then, depending upon those challenges, may require specific conditions be met by
the order for the request to be approved.
Vendors
Staff Report
Amendment
Page 2 2
It be noted such a requirement, if adopted by the City Council as an amendment to
Zoning Code, would not be applicable to the current vendors who have already received
licenses (licenses expire one year from the date of issuance), but would apply to all future
requests nature. Uses that would be included for this type of review process through
the of Adjustment include snow cone vendors, BBQ vendors, and plant and flower
May
has also
The staff has developed an ordinance amending the Zoning Code that will require accessory
vendors to a Board of Adjustment Special Exception as described above. A copy of
proposed ordinance is attached for your information and review. The Planning
Commission unanimously recommended approval of the proposed amendment at their
13, 997 regular meeting. Due to the lack of regulation regarding these uses. staff
an emergency clause with this ordinance
RECOMMENDATION:
Staff recommends Council approval of the proposed amendment to Chapter 10 of the Owasso
Zoning Code, requiring all non-permanent accessory vendors to obtain a Special Exception
Owasso Board of Adjustment.
City of Owasso
Regulations of the Code of Ordinances
1002 of the Owasso Zoning Code
'"
ATTACHMENTS
Licensing and Business
Chapter Section
Ordinance No. 544
2
3
RegUlatIOns
Licensing and BUSlDCSS
CHAPTER 2
ITINERANT VENDORS
Definitions
License required
Application
Exemption.
License fee
Transfer
Section 9-201
Section 9-202
Section 9-203
Section 9-204
Section 9-205
Section 9-206
to
have the meanings respectively ascribed
terms shall
DEFINITIONS
For the purpose of this chapter, the following
in this section
SECTION 9-201
them
1 Itinerant vendor" means and includes all persons, firms or corporations, as well as then
agents and employees who engage in the temporary or transient business in the city of selling or offering for
sale any goods or merchandise, or exhibiting the same for sale or exhibiting the same for the purpose of taking
orders for the sale thereof and who for the purpose of carrying on such business or conducting such exhibits
thereof either hire, rent, lease or occupy any room or space in any building, structure, other enclosure, vacant
lot or any other property whatever in the city in, through, or from which any goods or merchandise may be
sold. offered for sale, exhibited for sale or exhibited for the purpose of taking orders for the sale thereof;
transacted or conducted
rental or lease of premises for
to be operated or conducted: and
2. "Temporary" as used in Paragraph 1 hereof means any such business
in the for which definite arrangements have not been made for the
at least one hundred days, in or upon which such business is
hire
3 Transient" as used in Paragraph 1 as used hereof means any such business of any such
itinerant vendor as may be operated or conducted by persons, firms or corporations, or by their agents or
employees who reside away from the city or who have fixed places of business in places other than the city
or who move stocks of goods or merchandise or samples thereof into the city with the purpose or intention of
removing or the unsold portion thereof, away from the city before the expiration of one hundred (100)
days
The term ltmerant vendor" shall not include or be construed to include anyone engaged in interstate
commerce nor anyone upon which the provisions of this chapter would impose a direct and unlawful burden
on interstate commerce. (Prior Code, Sec. 5-24)
UIRED
It is unlawful for any itinerant vendor to sell, offer for sale, exhibit for sale, or exhibit for the purpose
of taking orders for the sale thereof, any goods or merchandise in the city without first obtaining a license as
herein for. The city clerk shall issue to any itinerant vendor a license authorizing such itinerant
vendor to sell, exhibit for sale, offer for sale, or exhibit for the purpose of taking orders for the sale thereof
in the his goods or merchandise only after such itinerant vendor shall have with all
of this chapter and shall have paid the license fees hereinafter shal be
to the city for the services herein required of it and to ' the
expenses of the provisions of this chapter (Prior Code, See
fully complied
which sum
to partIally defray
provided
enable the city
5-25)
LICENSE RE
SECTION 9-202
Page 9-9
Regulations
and Business
to the
of an
SECTION 9-203 APPLICATION
The vendor shall make application to the city clerk of the city at least ten (10) days prior
date of his contemplated sale or exhibit to be held in the city which application shall be in the form
affidavit, stating the full name and address of the itinerant vendor, the location of his or its principal office and
place of business, the names and addresses of its officers if it be a corporation, and the partnership name and
the names and addresses of all partners if such itinerant vendor be a firm. The application thereof must be
accompanied
merchandise to be sold
1 A statement showing the kind and character of goods to be sold. or
offered for sale or exhibited:
incorporated under
itinerant vendor be a corporation,
2. A certified copy of the charter if the
the laws of this state
the itinerant vendor be
in the state if
than Oklahoma: and
A certified copy of its permit or authority to do business
incorporated under the laws of some state other
3.
a corporation,
4. A bond in the sum of not less than Five Hundred Dollars ($500.00), executed by the itinerant
vendor as principal, with some surety company authorized to do business in the state as surety, which bond
shall be payable to the city for the use and benefit of any person or persons entitled thereto and conditioned
that the principal and surety will pay all damages to person, or persons, caused by or arising from, or growing
out of the wrongful or illegal conduct of the itinerant vendor while conducting the sale or exhibit in the city
The bond shall remain in full force and effect for the entire duration of the license permit as provided herein
and two (2) years thereafter
Sec. 5-26)
Code
EXEMPTION
SECTION 9-204
merchandise to parties
or
not be held to be applicable to the
traveler who sells or exhibits for sale goods
selling and dealing in goods or merchandise
Ordinary commercial
in business of buying and
This chapter is not and shall
1
engaged
products in their natural state: and
3. Sales of goods or merchandise donated by the owners thereof, the proceeds whereof to be
to any charitable or philanthropic purpose
stock, or agricultural
poultry
Vendors of farm produce
2.
Sec. 5-27)
Code
shall be for a period of not to
the six (6) business days, the
fraction thereof
LICENSE FEE
itinerant vendor shall be Fifty Dollars ($50,00) and
any fraction thereof. Upon the completion of
the rate of One Dollar ($1.00) per day, or any
SECTION 9-205
The license fee for
exceed six business days, or
license fee thereafter shall be at
this code
9-113 of
Section
Page 9-10
icense fees
s
See peddler
Reference:
ross
C
IlS
Regulatio
Licensing and Business
Dollars
Seventy-five
annum
per
herein
defined
as
reso rt
pleasure
Amusement park or
3.
($75
where not otherwise provided
1993
house-to-house, of any kind whatsoever
per year - Fifty Dollars ($50.00)
No. 463 on June 15
Repealed by Ordinance
Agents or canvassers,
Ten Dollars ($10.00)
4.
5.
One
per car
the car
sold or delivered direct from
the goods are
where
per
6. Car lot shipment
Hundred Dollars ($100.00)
other transport vehicle shall
Fifty Dollars ($250.00)
Carnivals
Any carnival requiring not over twenty-five (25) cars or
pay a fee for the first day of Two Hundred and
0..
7.
pay
vehicles shal
transport
Twenty-six (26) cars and not over forty (40) cars or other
a fee for the first day of Three Hundred Dollars ($300
b.
day of
fi rst
00)
pay a fee for the
Over forty (40) cars or other transport vehicles shall
Three Hundred Fifty Dollars ($350.00); or
c.
thereafter
ferris wheel or swing, or any carnival attraction, not in connection
Twenty- five Dollars ($25.00)
pay Fifty Dollars ($50.00) additional for each day
8. Carousel, merry-go-round
with any amusement park, carnival, or circus
All carnivals shall
d.
per day
than religious, charitable and those otherwise exempted
Twenty-five Dollars ($25.00)
other
per day
Entertainments or concerts
and not otherwise specified
9.
under state
and where admission
10 Exhibitions or any type of contest or game not otherwise provided for
is charged, per - Twenty-five Dollars ($25.00)
Twenty-five Dollars
so used
vehicle
Ice cream vendor, as defined herein, for the first
and for each additional vehicle - Ten Dollars ($10.00)
11
Every licensee hereunder shall, at all times, keep each motor car, vehicle and container used in his or its
business, in a clean and sanitary condition, and all containers for the products and commodities offered for
sale by the licensee, shall be kept securely covered or closed while in transit, so as to prevent contamination
of the products or commodities, by dirt, flies or insects. The person duly authorized by the city council, shall
inspect once a week, each motor car, vehicle or container used by any licensee, and he shall revoke or suspend
the license for any violation of the conditions
each additional
for
($25,00)
DOllars
Twenty-five
vehicle
per
Lunch-vending business
12
vehicle
Ten Dollars ($10.00)
required
be
sha
only one license
then
the same vehicle
1993
Page 9-6
15
No, 463 on June
both sold from
Repealed by Ord
and lunches are
cream
3
If ice
..
1000.3 cab ty of Use Conditlons
A use shall be subject to the provision of the district n which located,
and, in addition, shall be subject to the use conditions specified in the
applicable use unit. Where the requirements of the use unit are greater
than the requirements of the use district, the use unit requirements shal
govern.
1000.4 Off-Street Parking and Loading Requirements
The off-street parking and loading requirements shall not apply to uses
located in the CH Commercial High Intensity District.
SECTI USE UNIT 1 AREAWIDE USES BY RIGHT
~
1001.1 Description
Certain public uses, agricultural uses, open land uses, and similar uses
ich are either subject to other public controls or which do not have.
adverse effects on other land uses.
1001.2 Included Uses
Passive agricultural uses such as: cultivation, forestry. grazing,
planting; open land uses such as: arboretum, flood management project,
reservoir, ldlife preserve; public uses such as: fire alarm, historica
marker, street sign, thoroughfare, utility line, political campaign signs
.3 Use Conditions - Political Campaign Signs
political campaign sign shall be erected more than forty-five (45) days
prior to election, nor shall any sign be permitted to remain on any
property more than seven (7) days following an election; no political
campaign signs shall be permitted on public property and they shall be
permitted on private property only with the consent of the property owner;
the display surface area of each political campaign sign located in R or 0
zoning districts shall not exceed sixteen (16) square feet in surface area
only one side of a double-faced sign shall be computed in the computation
of display surface area.
Off-Street Parking
None.
SECTI 1002 USE UNIT 2 AREAWIDE SPECIAL EXCEPTION USES
1002.1 Description
Uses ich in some instances may be suitable for location in any use
district . because of their potential adverse influence on adjacent
properties, require site review and are, therefore, permitted in all use
districts as a special exception requiring Board of Adjustment approva
62
~
1002.2 Included Uses
Airport, heliport, bus station, cemetery, convict pre-release center,
crematory, governmental services NEe, gun club, hydro-electric generatlon
plant, juvenile deliquency center, mausoleum, offsite construction
facili . post office, rifle and skeet range, sanitary landfill, sewage
disposal facility, and water treatment plant, and temporary office
structures not otherwise allowed by building and zoning codes.
1002,3 Use Conditions
a. Construction Facilities
1, The use may continue for a period not to exceed two years
in the same location.
2. Ingress and egress must be from arterial or collector
streets, provided that the Board of Adjustment may approve
a location with access to a minor street upon a finding
that such location would not result in increased traffic
on streets in residential areas.
3, The use shall not be located nearer than 100 feet to any
lot containing an occupied dwelling without the consent
of the owner thereof.
1002,4 Street Parking and Loading Requirements
Parking Spaces Loading Berths
Airport 1 per each 500 sq. ft. 1 per 2,000-40,000 sq. ft
of enclosed passenger of floor area, plus 1 per
terminal area 40,000-100,000 sq. ft.,
plus 1 per each additiona
100,000 sq. ft.
er Uses As may be required by the Board of Adjustment in
granting the special exception use,
SECTI 1003 USE UNIT 3 AGRICULTURE
1003.1 Description
Agricultural uses and services and certain other uses suitable for
location in an agricultural environment.
1003,2 Included Uses
imal and poultry raising, farming, fishery, ranching, chick hatchery,
guest or dude ranch riding stable or academy dairy farming and horti
cultura nursery
63