ORD NO 22-2011 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO.,.9.a.. 2011
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, AN ORDINANCE TO BE ENTITLED.
AN ORDINANCE ESTABLISHING PROCEDURES FOR RESIDENTS
OF THE CITY OF VAN BUREN, ARKANSAS, TO ACQUIRE A
COMMERCIAL TRAILER AND MOBILE VENDING UNIT PERMIT;
AND FOR OTHER PURPOSES.
WHEREAS, it has been determined by the City Council that there is a need to establish a permit
process for commercial trailers and mobile vending units within the City of Van
Buren; and
WHEREAS, notice of a Public Hearing was duly published, and a Public 1- Tearing was conducted
by the Van Buren Planning Commission to consider these proposed procedures; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF VAN BUREN, ARKANSAS, THAT:
SECTION 1. The commercial trailer and mobile vending unit permit procedures set forth in the
attachment "A" are hereby adopted as if set forth herein word for word.
SECTION 2. The passage and approval of these permit procedures will protect the health, safety,
and or /welfare of the City and its citizens.
SECTION 3. Should any portion of this ordinance be Unconstitutional or invalid and so
declared by a court of competent jurisdiction, then the remainder of this ordinance
shall not be affected by such partial invalidity.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass,
approve, and adopt, by a vote of 5 for and 0 against, the a: •oing Ordinance at its Regular
Meeting held on the 15th day of August, 2011.
Ro.e irl. rec�.
Mayor
AT S p `L 'PR D_• TO FORM:
Barbie Curtis ice A. Settle
City Clerk/Treasurer City Attorney
Attachment "A
Van Buren, Arkansas Commercial Trailer and Mobile Vending Unit Permit
Commercial Trailer and Mobile Vending Unit Permit -The City Clerk may issue a
commercial trailer and mobile vending unit permit for requests to utilize a trailer, vending stand,
or other transportable structures not permanently attached to the ground for the preparation and
sale of food, beverage, and /or merchandise under the following criteria:
A. Short Term (30 Day Permit), Subject to the Following:
1. The City Clerk may issue a commercial trailer and mobile vending unit permit not to exceed
thirty (30) days to those who want to use trailers, vending stands, or other transportable
structures not permanently attached to the ground for the preparation and sale of food, beverages
and /or merchandise.
2. The commercial trailer or mobile vending unit may be located in any C -1 (Central
Commercial District) or C -2 (Thoroughfare Commercial District) zone. The permitted uses
must conform to the setback, signage, and parking requirements of the districts in which they are
located.
3. When applicable, a State Health Department approval letter, or other appropriate document,
shall accompany the permit application.
4. Such permits are subject to a fee established by the City Council.
5. Permit requests for the same facilities on the same site shall not be considered by the City
Clerk for at Least ninety (90) days from the expiration of the original permit.
6. There shall be no more than one (1) permit allowed per parcel of land.
B. Long Term (120 Day Permit), Subject to the Following:
1. The City Clerk may issue a commercial trailer and mobile vending unit permit to utilize a
trailer, vending stand, or other transportable structures not permanently attached to the ground
for the preparation and sale of food, beverages and /or merchandise on a long term basis.
2. The period of use may not exceed one hundred twenty (120) days. The permit is renewable for
one (1) additional thirty (30) day period upon review and approval by the City Planning
Commission.
3. The commercial trailer or mobile vending unit may be located in any C -1 (Central
Commercial District) or C -2 (Thoroughfare Commercial District) zone. The permitted uses
must conform to the setback, signage, and parking requirements of the districts in which they are
located.
4. When applicable, a State health Department approval letter, or other appropriate document,
shall accompany the permit application.
5. Such permits are subject to a fee established by the City Council.
6. Permit requests for the same facilities on the same site shall not be considered by the City
Clerk within the same calendar year.
7. There shall be no more than one (1) permit allowed per parcel of land.
Nonconforming Trailers, Vending Stands, and Transportable Structures
Any trailer, vending stand, or other transportable structure not permanently attached to the
ground for the preparation and sale of food, beverage, and /or merchandise that have been in
existence and which have been legally operating at the time of this requirement shall continue to
operate until their current city privilege license expires. Once that license has expired, and the
vendor requests to remain in operation, the vendor shall apply for a commercial trailer and
mobile vending unit permit.
Special Exemptions and Exempted Activity
1. Sidewalk sales that are located at the front entrance to the building structure, and not in
parking areas not along public right of ways shall be exempt if the products sold are part of the
principal use of the commercial property. Inventory sales shall satisfy all applicable building
setbacks for the associated Zoning District.
2. Vendors participating in the farmers' market as expressed in Ordinance 14 -2008 shall be
exempt.
3. Festivals conducted on Main Street (Old Timers' Day, Fall Festival, etc.) shall be exempt.
Such festivals are under the authority of The Old Town Van Buren Merchants Association.