Planning commission backs amendment to seasonal-sales rule, extends vendor period to 20 weeks

Riverdale City Planning Commission on April 8 voted to forward a favorable recommendation to the City Council to amend Riverdale City Code 10-19-9, the city’s rule on temporary structures for seasonal sales, and to extend the maximum permitted period for a temporary vendor from 15 weeks to 20 weeks.

The proposed amendment narrows permitted locations to C-3 commercial zones and (with additional limits) the A-1 zone for products produced on-site, requires a permit for temporary structures, and requires applicants to present a sales tax certificate except for sellers who are exempt under state law (for example, certain producers of fruits and vegetables and nursery stock). The commission also specified size, spacing and safety standards: temporary structures must be self-contained, under 200 square feet, set back from sidewalks and public right-of-way, and vendors must obtain property-owner permission on improved commercial sites.

Why it matters: the amendment is intended to clarify the city code so that small producers can operate temporary roadside or lot-based stands while the city retains regulatory controls to protect traffic safety and nearby retail businesses. The commission’s recommendation—an advisory legislative action—now proceeds to the Riverdale City Council for final action.

Commission discussion and staff presentation

Jeremy Cooper, community development staff, described the changes as mostly clarifying and said the new language specifically lists permitted seasonal sales such as fruits and vegetables, holiday items including Christmas trees, shaved ice and snow cones, and "other temporary seasonal goods as approved by the community development director." Cooper told the commission the revised code reduces the required separation between seasonal sales structures from 1,000 feet to 500 feet and keeps the 200-square-foot size cap from prior code language.

Cooper said the draft requires permit applicants to provide a sales tax certificate except where state law exempts the vendor (for example, the statutory exemption for certain agricultural producers selling exclusively their harvest-season crops). He also said the city would enforce only the structure and site-related code provisions while the Weber-Morgan Health Department would handle food-safety or food-handler issues where applicable.

Public comment and vendor concerns

Kenny McFarland, who identified himself as a seventh-generation farmer and operator of a retail/wholesale produce business, told the commission he typically operates eight to 15 retail stand locations in a season and said he would likely start with a single Riverdale location this year. McFarland described the farm’s product mix (sweet corn, melons, tomatoes, peppers and other seasonal vegetables), said the operation already undergoes annual food-safety audits for wholesale accounts, and said he and his staff could track sales to separate state-exempt produce from non-exempt items if required.

McFarland asked whether the 15-week limit in the draft code would accommodate late-season sales such as pumpkins; commission members and staff discussed extending the period. Cooper clarified that the 15-week limit applies to each vendor’s permitted duration and that vendors could choose when to begin the 15-week period; he also said the commission could amend the code if it preferred a longer fixed maximum.

Motion and vote

After discussion, a commissioner moved to forward a favorable recommendation to City Council to amend Riverdale City Code 10-19-9 with the specific amendment extending the seasonal-sales period to 20 weeks; the motion was seconded. Miss Rivera polled the commissioners: Commissioners Anderson, Hermann, Polson, Nolan, Henstra and Balthart voted yes; Commissioner Nee was excused. The motion passed. The planning commission’s favorable recommendation will be considered by the City Council, which will make the final legislative decision.

Process note and next steps

Cooper and staff reiterated that this planning commission action is a recommendation; the City Council will hold the legislative hearing and make the final decision. Staff said property-owner permission and improved-site requirements will limit where stands may operate in the C-3 zone and that vendors selling prepared foods would be subject to Weber-Morgan Health Department requirements.

Ending

The commission closed the item and thanked McFarland for appearing. The amendment as recommended clarifies permitted products, vendor requirements and vendor duration and now moves to the City Council for final consideration.