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ORDINANCE NO. 87-29 (2). Operation in rights-of-way and easements. No transient merchants shall operate within any public rights-of-way. No operations within easements shall be permitted unless specifically allowed by all ^parties having an interest in such easements. (3). Exemptions. The following types of sales operations, for purposes of zoning regulations, shall not be considered transient merchants: a) curbside mobile ice cream sales involving frequent, intermittent stops; b) merchandise deliveries; c) mobile prepared food services catering to employees at employment sites or patrons at permitted special events. (4) Time Limitations and Classifications. All transient merchant temporary use permits shall clearly define an expiration date. No permit shall be transferable, and no permit shall be 000d for a period of more than six months. Renewal of a permit shall require re-application. (a) Transient Merchant Classifications. All proposed transient merchant uses shall be classified as one of the following: Class A: Fruit and Vegetable Sales. Class B: Seasonal Sales such as Christmas tree sales and other similar uses; use in operation no more than 45 days during any given permit year. (Season and permit year periods must be specified on T.U.P. application). (b) Specific permit renewal and re-application periods. Class A and Class B permits may be renewed every six months. (5) Approval of planning director required. The planning and development director shall, based on review of the application and conformance with the criteria specified herein, have the authority to approve, approve with conditions, or deny any tran- sient merchant temporary use permit application or re-application. (6) Appeals of decision. If an applicant disagrees with a determination made by the planning and development director under these provisions, review shall be available to the applicant by way of written appeal to the planning and zoning commission. Written appeals of any planning and zoning commission determina- tion may be considered by the board of county commissioners. Section 5 REPEAL OF CONFLICTING SECTIONS All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. All Special Acts of the legislature applying only to the unincorporated portion of Indian River County and which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. CODING: Words in type are deletions from existing law; words underlined are additions -5- MA R- 10 1987 600K 6 7 8Q