The purpose of the mobile and itinerant vendor code is to provide clear guidelines for vendors to operate within the City of Port Angeles. This chapter ensures vendors know where and how they can set up and maintains high standards for health and safety.

(Ord. 3745 § 2(Att. B), 2/4/2025)

A.

Lemonade stand. Operating 30 or fewer days per calendar year, used by a person under the age of 18 for the sale of nonalcoholic beverages, such as lemonade, using non-time/temperature control for safety food with no direct hand contact and served directly into single service. See WAC 246-215-01115 for the full definition. Lemonade stands are exempt from all mobile and itinerant permitting requirements.

B.

Itinerant vendor. An itinerant vendor is a business that travels from place to place to sell products or services, often setting up temporary stands or booths in an outdoor setting.

1.

Major itinerant vendor. A vendor selling goods and services five days or more in a calendar year.

2.

Minor itinerant vendor. A vendor selling goods or services four days or less in a calendar year; or providing a free service.

C.

Site plan review.

1.

Major site plan review. Sites within residential zones or more than one vendor within non-residentially zoned property.

2.

Minor site plan review. Sites are limited to one vendor on a non-residentially zoned property.

D.

Mobile vendor. A mobile vendor is a business that operates from a vehicle, trailer, bicycle, or cart and moves to different locations to sell goods or services in an outdoor setting.

1.

Major mobile vendor. A vendor selling goods and services five days or more in a calendar year.

2.

Minor mobile vendor. A vendor selling goods or services four days or less in a calendar year; or providing a free service.

E.

Permanent set-up. A permanent setup is a fixed, stable structure or designated area from which a vendor operates consistently over a long-term. Characteristics include, but not limited to:

1.

A vending unit that is not moved or dismantled daily.

2.

Includes utilities such as electricity, water, or even limited plumbing.

F.

Semi-permanent set-up. A semi-permanent is designed to be relatively easy to dismantle and move. Characteristics include, but not limited to:

1.

Vending unit that moves or is dismantled at the end of the approved business hours and/or event.

2.

The structure is typically portable and does not involve complex installations like heavy-duty plumbing or electricity.

G.

R.O.W. right-of-way. See PAMC 17.08.090.

H.

Vendor hosting. A property owner hosting regulatory vendor permit holders in permanent or semi-permanent format.

I.

Vending unit. A unit consisting of one mobile or itinerant vendor.

(Ord. 3745 § 2(Att. B), 2/4/2025)

For mobile and itinerant vendors, there are two different project permit requirements:

(Ord. 3745 § 2(Att. B), 2/4/2025)

Regulatory mobile or itinerant vendor permits will be issued in accordance with the process stated in PAMC 5.04.060. All vendors require a regulatory mobile or itinerant vendor permit prior to operating in the City of Port Angeles. Vendors must have a regulatory mobile, or itinerant vendor permits to operate on approved hosting sites.

(Ord. 3745 § 2(Att. B), 2/4/2025)

A.

A complete application must contain:

1.

The name, address, and telephone number of the applicant and the contact person;

2.

Business license number, address, and contact information;

3.

Application narrative detailing:

i.

Proposed area of operation and compliance with requirements for pedestrian clearance and accessibility;

ii.

Dates and hours of operation;

iii.

Disposal of waste and grey water plan (if applicable);

iv.

Access to water plan (if applicable);

v.

Other information requested by the City may be deemed necessary to adequately consider and address impacts to the right-of-way and adjacent properties.

4.

Signed approval from Clallam County Health Department (if applicable).

5.

Signed approval from the Department of Labor and Industries (if applicable).

6.

Signage plan: A-frame and attached signs to the vending unit are exempt from review and additional fees.

B.

If the proposal uses the public right-of-way, the City Transportation Engineer must conduct an additional review.

(Ord. 3745 § 2(Att. B), 2/4/2025)

A.

General requirements:

1.

Does not unreasonably interfere with previously approved businesses or other typical uses or activities within the right-of-way;

2.

Does not unreasonably disrupt the orderly or safe circulation of traffic as would present an unreasonable risk of injury or damage to the public;

3.

Does not unreasonably interfere with the City's operation and maintenance of public infrastructure within the right-of-way;

4.

Complies with L&I and the Clallam County health requirements.

5.

Has obtained and has not been denied other applicable project permit requirements.

6.

Holds an active business license from the Washington State Department of Revenue.

7.

Does not conflict with the underlying purpose and intent of the zoning district in which it is located.

B.

Signage and advertising:

1.

A-frame and attached signs to the vending unit are exempt from review and additional fees.

C.

Display of approval:

1.

All approvals will be prominently displayed on all carts, vehicles, or locations from which a mobile vendor operates.

(Ord. 3745 § 2(Att. B), 2/4/2025)

A.

The City may condition the issuance of a project permit by imposing reasonable requirements concerning the activity's time, place, and manner as necessary to protect the safety and/or convenience of persons and property and the control of traffic. The City will issue the required conditions in writing to the applicant. Conditions may include, but are not limited to:

1.

The provision of insurance per PAMC 11.12.140.B;

2.

Proper disposal of refuse or debris, waste, and/or clean-up of spills;

3.

Adjusted operating hours;

4.

Elimination of an on-site activity that cannot be mitigated to a point as to ensure public safety and welfare or which possesses an unacceptable level of risk to the City;

5.

Accommodation of pedestrian, bicycle, or vehicular parking or traffic, including restricting the activity to only a portion of a public place;

6.

Reduction of noise and odors, including, but not limited to, those resulting from amplified music, generators, or cooking of food;

7.

Storage of materials within the public right-of-way;

8.

Securing objects within the right-of-way;

9.

Compliance with any relevant ordinance or law and obtaining any legally required permit(s) or license(s);

10.

Compliance with allowable permitted uses in the underlying zone;

11.

Any other restriction or requirement deemed necessary to ensure public convenience, health, safety, and welfare;

12.

All persons conducting a vendor business will obey any order of a police officer to temporarily move such vending stand to avoid congestion or obstruction of the surrounding area for pedestrian and/or vehicular traffic;

13.

Vending units will not be locked or chained to street furniture or trees;

14.

All vending units will have one 2A10BC fire extinguisher mounted on the cart.

(Ord. 3745 § 2(Att. B), 2/4/2025)

The Director will have the authority to place appropriate limitations and conditions on any mobile and itinerant vendors to ensure that all operations are consistent with the ordinances, plans, and policies of the City of Port Angeles.

(Ord. 3745 § 2(Att. B), 2/4/2025)

A.

Initial approval. The term of each project permit issued under this chapter is at the discretion of the Community and Economic Development Department and is to be a maximum of one year, subject to renewal.

B.

Renewal approval term(s). Project permits issued under this chapter may be renewed for successive terms upon application by the permit holder and payment of the applicable renewal fee, provided that all conditions of the original permit are currently being met. Renewal will be valid for one year or otherwise.

(Ord. 3745 § 2(Att. B), 2/4/2025)

A site plan review for mobile and itinerant vendors is intended to ensure that vending unit operations comply with regulatory standards and minimize any potential negative impact on the surrounding community. Site plan reviews for mobile and itinerant vendors are applicable when:

A.

Permanent or semi-permanent setup.

B.

Proximity to sensitive areas.

C.

New or unusual structures.

D.

Impact on environmental resources.

E.

Utility and waste management needs.

F.

Changes in site use or expansion.

G.

Compliance with local business regulations.

H.

Operational impact on local infrastructure.

Parking lot activities that fall under vendor hosting and will only be for a period not to exceed seven consecutive days for private businesses and 14 consecutive days for private non-profit and charitable organizations within a one-calendar-year period are exempt from site plan reviews and must adhere to Chapter 14.40 PAMC.

(Ord. 3745 § 2(Att. B), 2/4/2025)

A.

An application in a format as established by the City will contain the following:

1.

Applicant and property information:

a.

Name, mailing address, and telephone number;

b.

Project detail (this includes permanent or semi-permanent setup preference);

c.

Zoning classification;

d.

Property size;

e.

Fencing plan (if applicable);

f.

Landscaping plan (major site plan review only);

g.

Noise mitigation plan (major site plan review only);

h.

Other information requested by the City that may be deemed necessary to adequately consider and address impacts to the right-of-way and adjacent properties.

2.

Project phases: Provide a description and schedule for the project phases (if applicable).

a.

Proposed site plan elements (may be combined into one plan) structural plan (if applicable). Submit a plan with elevations and specifications for the type, color, and texture of exterior surfaces of proposed structures.

b.

Sign plan (if applicable). Provide a scale drawing of the sign plan showing the location(s), size, design, material, color, and illumination method for all exterior signs, both temporary. A-frame and attached signs to the vending unit are exempt from review and additional fees.

c.

Lighting plan. Include any proposed lighting plan.

d.

Noise and environmental control.

i.

Present a plan to manage and control noise, dust, dirt, heat, glare, vibration, odors, and toxic gases.

e.

Waste, garbage, and greywater disposal locations.

f.

Restroom facility access. Unless specifically prohibited by the Clallam County Health Department, the host may utilize a public restroom facility located within 1,000 feet of the proposed location as a permissible alternative to an on-site restroom facility.

g.

Water access plan.

h.

Natural features. Scale map of natural features such as ravines, slopes greater than 35 percent, critical areas and their buffers, and shorelines with the ordinary high-water mark.

i.

Location of driveways and circulation. Layout of driveways, pedestrian walks, curbs, gutters, street paving, fire hydrants, on-site water sources, and sewage disposal systems.

j.

Structures. Location(s), size(s), height, and gross floor area for all existing and proposed structures or improvements.

k.

Stormwater systems (if applicable). Nature and location of temporary and permanent stormwater systems.

l.

Traffic and parking. Locations of entrances and exits, traffic flow, parking spaces, loading berths, vehicle maneuvering areas, and their relationship with adjacent properties.

m.

Site area details. Approximate number of square feet in paved or impervious surfaces, open spaces, wetlands, and steep-unstable slopes; total area of the site.

3.

Site plan elements: A professionally prepared plan is not required. The plan may be hand-drawn to scale. The plan may be, but is not required to be, computer-generated:

a.

Boundaries and dimensions. Show the location and approximate dimensions of land boundaries proposed for development.

b.

Contiguous property. Indicate all contiguous property owned by the applicant.

c.

Easements and rights-of-way. Approximate location, width, and name of recorded easements and rights-of-way, including public service or utilities.

d.

Natural features. Scale map of natural features such as ravines, slopes greater than 35 percent, critical areas and their buffers, and shorelines with the ordinary high-water mark.

e.

Location of driveways, sidewalk, and utilities. Layout of driveways, pedestrian walks, curbs, gutters, street paving, fire hydrants, on-site water sources, electrical, and sewage disposal systems.

f.

Existing structures. Location(s), size(s), height, and gross floor area for all existing and proposed structures or improvements.

g.

Stormwater systems (if applicable). Nature and location of temporary and permanent stormwater systems.

h.

Traffic and parking. Locations of entrances and exits, traffic flow, parking spaces, loading berths, vehicle maneuvering areas, and their relationship with adjacent properties.

i.

Site area details. Approximate number of square feet in paved or impervious surfaces, open spaces, wetlands, and steep-unstable slopes; the total area of the site.

4.

Site plan title block:

a.

Name, address, and telephone number;

b.

Include the applicant's contact details;

c.

Date of drawing;

d.

Date the drawing was created;

e.

Legend;

f.

Site address or tax assessor parcel number;

g.

Total approximate area of the site and each parcel or lot;

h.

North arrow;

i.

Scale (not larger than 1″ = 20′ or smaller than 1″ = 200′).

(Ord. 3745 § 2(Att. B), 2/4/2025)

A.

Preliminary review. The application will be checked to ensure it is complete and follows submission guidelines.

B.

Regulatory evaluation. The application will be assessed to ensure it meets all laws, regulations, and standards.

1.

The project's design and planning must be suitable for its location, zoning, and existing uses.

2.

The project must meet this chapter and other relevant codes.

3.

Existing streets, public facilities, and services must be able to support the new or additional land use.

4.

Collaboration with other departments and jurisdictions will occur to gather input and ensure a thorough review.

5.

Notification requirements. Inform the public about pending applications, especially for significant projects.

6.

Major site plan reviews will be processed as a Type II project permit per Chapter 18.02 PAMC.

C.

Minor mobile or itinerant vendor hosting site plan review.

1.

General requirements:

a.

The proposal does not unreasonably interfere with previously approved businesses or other typical uses or activities within the right-of-way;

b.

The proposal does not unreasonably disrupt the orderly or safe circulation of traffic as would present an unreasonable risk of injury or damage to the public;

c.

The proposal does not unreasonably interfere with the City's operation and maintenance of public infrastructure within the right-of-way;

d.

The proposal complies with L&I and the Clallam County health requirements;

e.

The proposal has obtained or has been denied other applicable project permit requirements;

f.

The proposal holds an active business license from the Washington State Department of Revenue; and

g.

The proposal does not conflict with the underlying purpose and intent of the zoning district in which it is located.

2.

Design and location must adhere to the following standards (if applicable):

a.

The proposal does not include work within environmentally sensitive areas, shorelines, and wetlands or their buffers as designated and regulated by Title 15 Environment PAMC;

b.

Does not unreasonably interfere with previously approved businesses or other typical uses or activities within the right-of-way;

c.

Does not unreasonably disrupt the orderly or safe circulation of traffic as would present an unreasonable risk of injury or damage to the public;

d.

Does not unreasonably interfere with the City's operation and maintenance of public infrastructure within the right-of-way;

e.

Complies with L&I and the Clallam County health requirements;

f.

Has obtained and has not been denied other applicable project permit requirements;

g.

Holds an active business license from the Washington State Department of Revenue;

h.

Does not conflict with the underlying purpose and intent of the zoning district in which it is located;

i.

Lighting. The proposal ensures lighting complies with the requirements of PAMC Chapter 17.22.260;

j.

Signage and advertising. The proposal ensures the size, location, design, color, texture, lighting, and materials of all exterior signs and outdoor advertising features are harmonious with existing and proposed buildings and surrounding properties.

D.

Major mobile or itinerant vendor hosting site plan review.

1.

General requirements:

a.

The proposal does not unreasonably interfere with previously approved businesses or other typical uses or activities within the right-of-way;

b.

The proposal does not unreasonably disrupt the orderly or safe circulation of traffic as would present an unreasonable risk of injury or damage to the public;

c.

The proposal does not unreasonably interfere with the City's operation and maintenance of public infrastructure within the right-of-way;

d.

The proposal complies with L&I and the Clallam County health requirements;

e.

The proposal has obtained or has been denied other applicable project permit requirements;

f.

The proposal holds an active business license from the Washington State Department of Revenue;

g.

The proposal does not conflict with the underlying purpose and intent of the zoning district in which it is located;

h.

Applicant has provided an acceptable landscaping and fencing plan;

i.

Applicant has provided an acceptable noise mitigation plan;

j.

Application has been publicly noticed and required public comment period.

2.

Design and location must adhere to the following standards (if applicable):

a.

The proposal does not include work within environmentally sensitive areas, shorelines, and wetlands or their buffers as designated and regulated by Title 15 Environment PAMC;

b.

Does not unreasonably interfere with previously approved businesses or other typical uses or activities within the right-of-way;

c.

Does not unreasonably disrupt the orderly or safe circulation of traffic as would present an unreasonable risk of injury or damage to the public;

d.

Does not unreasonably interfere with the City's operation and maintenance of public infrastructure within the right-of-way;

e.

Complies with L&I and the Clallam County health requirements;

f.

Has obtained and has not been denied other applicable project permit requirements;

g.

Holds an active business license from the Washington State Department of Revenue;

h.

Does not conflict with the underlying purpose and intent of the zoning district in which it is located;

i.

Lighting. The proposal ensures lighting complies with the requirements of PAMC Chapter 17.22.260;

j.

Signage and advertising. The proposal ensures the size, location, design, color, texture, lighting, and materials of all exterior signs and outdoor advertising features are harmonious with existing and proposed buildings and surrounding properties.

(Ord. 3745 § 2(Att. B), 2/4/2025)

Upon approval of a site plan, the approving authority will affix their signature(s) in an appropriate place on the site plan, along with a brief statement that approval of the site plan has been granted referencing conditions for approval and the date approved.

(Ord. 3745 § 2(Att. B), 2/4/2025)

A.

The city may condition the issuance of a permit by imposing reasonable requirements concerning the time, place, and manner of the activity as necessary to protect the safety and convenience of persons and property and the control of traffic. The City will issue the required conditions in writing to the applicant. Conditions may include, but are not limited to, requirements for:

1.

Signage and advertising. A-frame and attached signs to the vending unit are exempt from review and additional fees;

2.

Display of approval. All approvals will be prominently displayed on all carts, vehicles, or locations from which a mobile vendor operates;

3.

The provision of insurance per PAMC 11.12.140.B;

4.

Proper disposal of refuse or debris, waste, and/or clean-up of spills;

5.

Adjusted operating hours;

6.

Elimination of an activity that cannot be mitigated to a point as to ensure public safety and welfare or which possesses an unacceptable level of risk to the City;

7.

Accommodation of pedestrian, bicycle, or vehicular parking or traffic, including restricting the activity to only a portion of a public place;

8.

Reduction of noise and odors, including, but not limited to, those resulting from amplified music, generators, or cooking of food;

9.

Storage of materials within the public right-of-way;

10.

Securing objects within the right-of-way;

11.

Compliance with any relevant ordinance or law and obtaining any legally required permit(s) or license(s);

12.

Compliance with allowable permitted uses in the underlying zone;

13.

Any other restriction or requirement deemed necessary to ensure public convenience, health, safety, and welfare;

14.

All vending units must display their approved and active vending unit permit;

15.

Fencing for properties adjacent or across an alley from a residential use;

16.

All persons conducting a vendor business will obey any order of a police officer to temporarily move such vending unit to avoid congestion or obstruction of the surrounding area for pedestrian and/or vehicular traffic;

17.

Vending units will not be locked or chained to street furniture or trees;

18.

All vending units will have one 2A10BC fire extinguisher mounted on the cart.

(Ord. 3745 § 2(Att. B), 2/4/2025)

The approving authority may impose limitations and conditions on a site plan to ensure compliance with the City of Port Angeles's ordinances, plans, policies, and reviewing department recommendations.

(Ord. 3745 § 2(Att. B), 2/4/2025)

An approved site plan may be amended using the same procedures provided under this chapter for original site plan approval. For purposes of this chapter, the amendment will include changes in building layout, type or size, modifications or conditions of approval, and changes in approved uses; provided that changes that comply with all previously imposed conditions of approval will not require a site plan amendment unless alterations in building layout, open space, circulation, project phasing, building type or size are proposed which may generate environmental impacts not considered in the previous site plan approval.

(Ord. 3745 § 2(Att. B), 2/4/2025)

A.

Initial approval term(s). Site plan approval is valid for five years, contingent on compliance with conditions, phasing schedules, and obtaining applicable permits. Approvals lapse if permits are unused, construction is not initiated, or conditions are unmet within this period. If the permit or permits are not used or work is not initiated within said time and carried on diligently in accordance with the conditions imposed by the City pursuant to site plan approval, or should the approved phasing schedule not be completed, the site plan will become null and void and any approval, permit, or conditions granted thereby will be deemed to have lapsed. Site plan reviews will require renewal when the scope originally approved changes or after five years.

B.

Renewal approval term(s). Project permits issued under this chapter may be renewed by the permit holder and payment of the applicable renewal fee, provided that all conditions of the original permit are currently being met. Renewal will be valid for five years or otherwise, as stated by the director.

(Ord. 3745 § 2(Att. B), 2/4/2025)

Permit issued pursuant to this chapter may be revoked, in writing, at the discretion of the Director of Community Development for the following:

A.

Any fraud, misrepresentation, or false or misleading statement contained in the application for license;

B.

Any fraud, misrepresentation, or false or misleading statement made in connection with the selling of products;

C.

Any violation of this chapter;

D.

Violations of the conditions or approval;

E.

Engaging in or allowing a pattern of criminal conduct in, near, or associated with the mobile vendor or vendor site; or

F.

Conducting the business licensed under this chapter in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public.

(Ord. 3745 § 2(Att. B), 2/4/2025)

A.

Using the procedures set out in PAMC 2.90, this chapter will be enforced against platforms, owners, authorized agents, and/or operators violating this chapter may be issued a citation, notice of violation, order to cease, and/or any notice of daily fines.

B.

Violations of this chapter are civil violations and penalties for violations of this chapter may be imposed as follows:

(Ord. 3745 § 2(Att. B), 2/4/2025)

A.

The Director is authorized to approve, deny, or approve with modifications or conditions all mobile and itinerant vendor applications in writing, either as a permit or a denial letter. The Director must attach conditions as necessary to ensure land use compatibility, public safety, and compliance with all standards and requirements of this chapter.

B.

The Director may modify or waive specific standards to accommodate unique site features, ensure compatibility with surrounding land uses, or account for the scale and impact of a project requiring only administrative site plan approval. However, any discretion to modify standards must be guided by clearly stated objective criteria to ensure fairness, transparency, and consistency in decision-making.

C.

These criteria are supplementary to applicable state and county laws or ordinances.

(Ord. 3745 § 2(Att. B), 2/4/2025)

Any person aggrieved by the decision of the Director under this chapter may appeal the decision to the Hearing Examiner. Appeals must be submitted to the Director in writing within 15 days following the date of the Director's decision. The Hearing Examiner will conduct an open record public hearing on the appeal of the Director's decision with notice being given as set forth in PAMC 17.96.140. The Hearing Examiner's decision will be final unless appealed to Clallam County Superior Court. See "Hearing Examiner Fees" in the Master Fee Schedule subjected appeal fees.

(Ord. 3745 § 2(Att. B), 2/4/2025)