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M M Analysis Transient merchants are generally undesirable from the standpoint of nuisance, hazard and traffic conditions. Moreover, transient merchants have substantial economic advantage over businesses required to locate in permanent structures at fixed locations on sites which have site plan approval for retail sales. As such, transient merchants would surely proliferate if uncontrolled. Prior to 1987, county regulations pertaining to roadside vendors were broad and general. In 1987, the regulations were evaluated and strengthened to provide stricter control of transient merchants. These revised regulations were adopted based upon extensive staff research and analysis as well as workshops and public hearings. Fruit and vegetable stands remain permittable largely because of their traditional nature and tie to the historic agricultural focus of the county. Mr. Anthony characterizes his transient seafood sales as traditional, entailing the sale of local produce similar to that of fruit and vegetables. It is staff's position, however, that expanding transient merchant use allowances to accommodate Mr. Anthony's business would necessitate "opening the door" to virtually any types of products for sale. In the past, both planning staff and code enforcement staff have dealt with transient merchants involved with a variety of products. These products have ranged from paintings and clothing to tires (including tire changing). Based upon inquiries of staff as well as code enforcement activity, it appears that transient merchant activity would expand considerably if LDR allowances were expanded. This is not an unreasonable expectation, given the generally low initial investment needed for a transient merchant operation compared to -the investment necessary for a permanent retail facility. When the transient merchant ordinance was assessed and revised in 1987, these and other issues were considered. Also at that time, staff contacted other local governments to determine their regulations. This survey showed that most other counties have strict limitations on roadside sales. Other than seasonal sales and the sale of agricultural products from agriculturally zoned property, roadside retail sales were prohibited in most counties. It is staff's position that current county regulations are sufficiently permissive, maybe too much so. Even with existing temporary use permit requirements, transient merchant sales have certain safety and aesthetic constraints. Also, because of negligible initial investment and marginal overhead costs, transient merchants have -financial advantage over other retail fruit and vegetable stores for which site plan approval has been obtained. In fact, tradition is the only justification for retaining the allowance for roadside sales of fruits and vegetables. Staff feels that the fruit and vegetable sales allowance should not be expanded. 37 1 v` ,?ae �OQK ;f APR 7 199 P;