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A. Retail stands may only be located in the following zones:

1. All commercial zones.

2. All light industrial zones.

3. Community office zone.

4. Mixed high density corridor and mixed moderate density corridor.

5. Along arterials and collectors at key multimodal intersections in pocket parks or pedestrian plazas as approved by the approving authority based upon findings that it will enhance the local pedestrian experience.

6. Open space institutional zones.

B. Retail stand locations shall be compatible with the pedestrian and the vehicular nature of the zone, the use of the right-of-way as a public thoroughfare, the use of parking lots as public parking areas, and/or the use of an open air plaza. The site shall be located to enhance the pedestrian nature of the zone and shall not be located so as to attract or serve vehicular traffic.

C. Temporary/seasonal retail stands may be located to attract and serve vehicle traffic.

D. In determining whether or not the proposed location would be permitted, the following criteria shall be considered:

1. The type and intensity of the proposed use and the type and intensity of existing uses;

2. The width of the sidewalk, pedestrian plaza or parking lot in which it is to be located;

3. The proximity and location of existing street furniture, including but not limited to signposts, lampposts, bus shelters, benches, phone booths, trees, newsstands, as well as the presence of bus stops and truck loading areas;

4. Established or proposed pedestrian and vehicular traffic patterns;

5. The number of available retail stand sites in a given area or zone of the city and the number of existing retail stands in such area;

6. Other factors deemed relevant by the approving authority, consistent with the purpose of this chapter and intent of the zone proposed for the use.

E. The retail stand and location shall promote the diversity of retail stand activity.

F. The site and retail stand together shall not create a pedestrian or vehicular traffic hazard.

G. The retail stand shall be compatible with uses in the general vicinity and adjacent properties.

H. The retail stand location shall promote the pedestrian nature of the general area in which it is located.

I. The retail stand location shall be compatible with the public interest in the use of the sidewalk as a public right-of-way and the use of a public or private parking lot for the primary intended use of vehicular parking and, as such, shall not endanger the public health, safety and welfare. (Ord. 1500 §2, 2016; Ord. 1435 §5, 2014; Ord. 1163 §1, 2001).