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1. curbside mobile ice cream sales intermittent stops; 2. merchandise deliveries; and involving frequent, 3. mobile prepared food services catering to employees at employment sites or patrons at permitted or otherwise legal special events. Retail sales are allowed in commercially zoned areas upon site plan approval (for a permanent building facility) or as a transient merchant use for Class "A", "B", and "C" uses previously described. The sale of flowers from the roadside (outside of a building) does not fall under any one of the allowed transient merchant classifications, is not exempt from the regulations, and therefore is prohibited. Analysis: Transient merchant uses are generally less desirable than permanent, site -planned stores from the standpoint of nuisance, hazards, traffic circulation and safety, drainage, and aesthetics. Moreover, transient merchants have substantial economic advantages 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, if uncontrolled, would surely proliferate, with resulting negative impacts. 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. In 1992, the Board of County Commissioners directed staff to allow, under certain conditions, the sale of seafood from special state -licensed vehicles having refrigeration and running water. Fruit and vegetable stands (Class "A" transient merchants) remain permittable largely because of their traditional nature and tie to the historic agricultural focus of the county. Sales of seasonal items such as Christmas trees and fireworks (Class "B" merchants) also have a long tradition of being allowed within the county and are limited to 45 days per year on any given site. Satellite seafood sales (Class "C" transient merchants) are tied to permanent, local seafood shops and involve sales of a traditional county product: seafood. It is staff's position now, as it was during the 1992 discussions about satellite seafood sales, that expanding transient merchant use allowances (such as is requested by Mr. Courtright) would "open the door" to virtually all types of products for sale. In the past, both planning staff and code enforcement staff have dealt with many persons who have wanted to sell a variety of products from the roadside. These products have ranged from hot dogs, to 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, and again in 1992, these and other issues were considered. Also at those times, staff contacted other local governments to determine their regulations. These surveys showed that many other JUN 7 1994 17 8611f 9, 2 � �f,�