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AGENDA ITEM 6.A.ii <br />•STAFF ORIGINATOR: Paul Bengtson <br />CC MEETING DATE: January 10, 2011 <br />TOPIC: First Reading of Ordinance Number 01 -11 <br />City Code Amendment to change the definition of the term Special <br />Event to include Open Air Markets, and to exempt those selling <br />farm products they have grown themselves from Transient <br />Merchant licensing. <br />BACKGROUND <br />The Planning and Zoning Board initiated a discussion of Transient Merchants, Open Air Markets, and <br />Community Garden in order to clarify the requirements of the zoning ordinance. After a number of <br />months discussing the issue, staff drafted some ordinance language and the Planning and Zoning <br />Board reviewed the language and took action to recommend approval of the language to the City <br />Council. <br />As a result, the City Code sections regarding Special Events and Transient Merchants must be <br />updated. <br />OPEN AIR MARKETS <br />• new Zoning Ordinance language defines the term Open Air Market, and makes the use allowable <br />by administrative permit in all zoning districts, with the use specifically designated as 'accessory to an <br />institutional use' in the rural and residential zoning districts. <br />The administrative permit required to approve this use will be the Special Event Permit included in <br />Chapter 615 of the City Code. As such, staff has forwarded language revising the definition of a <br />Special Event to replace the term `flea market' with the term `open air market'. <br />TRANSIENT MERCHANTS <br />State law prohibits the city from requiring a license to sell farm products that have been grown by the <br />seller. As such, staff has included this exception to the Transient Merchant licensing requirements. <br />RECOMMENDATION <br />Staff recommends approving the first reading of Ordinance Number 01 -11, amending the City Code <br />to change the definition of the term Special Event. <br />ATTACHMENTS <br />1. Ordinance Number 01 -11 <br />• <br />— 54 — <br />