16.70.030 Licensing, review, and approval of street merchant application required.
A. All business activities shall meet requirements of Chapter 5.12 LMC for city business licensing.
B. No “street merchant,” “street fair,” “food court,” “market,” “temporary/seasonal retail stand” or “outdoor shopping center activities and events” shall be permitted to operate within the city of Lacey without first obtaining the appropriate planning approval as follows:
1. Limited Administrative Review. Limited administrative review shall generally be required for street merchant activities that are minor in scope and involve use of a vending cart or food vehicle located on private property or a designated pedestrian plaza. A street merchant operating from a street merchant structure located in a parking lot may also qualify for this abbreviated review depending on the size of the area to be used and the scope of activity expected. These applications shall be processed pursuant to the requirements of Section 1C.030 of the City of Lacey Development Guidelines and Public Works Standards.
2. Site Plan Review. Site plan review shall generally be required for street merchant activities that are larger in scope and activity than a single merchant operating from a vending cart including:
a. Outdoor food courts, shopping center activities, and street fairs and markets that involve multiple (more than three) street merchants.
b. Applications that are in public right-of-way that require location in a designated food vehicle zone.
c. Applications that require special consideration because of location circumstances, size of street merchant structure or area, scope of activity, or potential impacts.
These applications shall be processed pursuant to the requirements of Chapter 16.84 LMC (Site Plan Review).
3. Determining Process. Based upon the individual characteristics of an application, considering location, size, and scope of use and potential impacts, the director may determine that a street merchant application shall be processed either as a limited administrative review, or as a full site plan review. This determination shall be based upon which process best matches the need for review of a project, considering its individual and unique circumstances, and shall be based upon the sole discretion of the director.
C. Complete Application and Content. Street merchant applications shall include the following information:
1. Detailed scale drawings of the location of the stand.
2. The device to be used, materials specifications with drawings showing all four sides of the vending device, color schemes and any logos, printing or signs which will be incorporated. For existing vending devices, color photographs may be substituted for drawings.
3. The application shall contain a plan for scheduled hours of operation for the season that includes time of day, days of week, months of the year, and scheduled closings.
4. Written approval of the landowner shall also be submitted at the time of application.
D. Permitted Street Merchant Activities. The approving authority may approve street merchant activities meeting the definition of retail stands and temporary/seasonal retail stands. Provided, the approving authority may approve street fairs, outdoor food courts or markets, or outdoor shopping center activities and events based upon findings consistent with the intent of this chapter and the approval process as outlined in subsection B of this section.
E. Approving Authority Consideration and Decision. The approving authority, as described in subsection B of this section, shall ensure the following items are satisfied when acting upon an application:
1. The proposal is consistent with the standards and intent of this chapter.
2. The proposal will enhance the attractiveness of the pedestrian environment in which it is located.
3. The proposed street merchant activities are designed, oriented and operated to serve pedestrians with the exception of a street merchant structure or temporary/seasonal retail stand located in a parking lot.
F. Based upon consideration of the application and its consistency with the intent and standards of this chapter, the approving authority may approve or deny an application. In approving an application, the approving authority may require any conditions on operation, location or design it deems necessary to ensure compliance with this chapter.
G. The approving authority may administratively approve any variances from the standards section of this chapter it deems necessary to fully satisfy the intent of this chapter to provide an exceptional pedestrian experience at strategic locations within the city.
H. When authorizing variances to retail stand criteria, the applicant should demonstrate to the approving authority’s satisfaction the approved design will be compatible with surrounding architecture, will add to the pedestrian desirability of the area, and will be a benefit to the neighborhood and zone in which it is located. (Ord. 1435 §2, 2014; Ord. 1192 §183, 2002; Ord. 1163 §1, 2001).