§ 156.103  REQUIRED CONDITIONS.
   Approval of a transient business permit is subject to the following conditions:
   (A)   Transient businesses are permitted uses in B-2 (Highway Business), B-3 (Central Business), B-4 (Medium Density Business), and I (Industrial) zoning districts and as a Conditional Use in a B-1 (Neighborhood Business) zoning district.
   (B)   Transient businesses must be a minimum of 500 feet from one another (measured by radial distance).
   (C)   A copy of a lease agreement, deed, or similar document from the property owner is required.
   (D)   Any signage, other than that permanently affixed to the mobile transient facility must be approved by the Murray Planning Department.
   (E)   The maximum length of time a transient business or mobile food vendor will be allowed at an approved location will be 90 consecutive days. The owner/operator may reapply for a permit at the end of that period, but the transient business or mobile food vendor must be relocated at a minimum of 500 feet (measured in radial distance) from the prior location. The owner/operator may return to a previous location after 90 consecutive days.
   (F)   A site plan must be submitted for review and approval. The site plan shall include a mapped location of the proposed business, including existing parking spaces, roadways, sidewalks, and buildings; it should also entail measurements of distance from proposed display/enclosure to nearby parking spaces, roadways, setbacks, sidewalks and buildings. Aerial photography, existing surveys, or plat will suffice for this purpose. The site plan shall include any photography of tents, trailers, stands, and the like that will be used. The city has the right to accept or reject any site plan submitted. Once approved by the city, all site plans must be maintained by the transient business through the duration of the permit. Any deviation from the site plan by the transient business may result in revocation of the permit and the transient business activity shall be terminated.
   (G)   All transient businesses are subject to the Public Noise Ordinance as prescribed in Chapter 99 of this code.
   (H)   All mobile food vendors must display a copy of vendor’s current health permit issued by the Calloway County Health Department or the Commonwealth of Kentucky. Any revocation of the health permit shall result in revocation of the vendor’s vending permit.
   (I)   The provisions of this subchapter shall not apply to any general sale, fair, auction, or bazaar sponsored by any religious, education, public service, or charitable organization.
   (J)   Failure to comply with this subchapter could result in revocation of the transient business license and/or permit, or a penalty as prescribed in § 110.99.
   (K)   The provisions of this section shall not be interpreted to be in contravention of KRS 365.
   (L)   Mobile food vending units are permitted uses in the B-2 (Highway Business), B-3 (Central Business), B-4 (Medium Density Business), and I (Industrial) zones, and are conditional uses in the B-1 (Neighborhood Business) zone, subject to all requirements set forth in Chapter 115, specifically § 115.06.
(Ord. 2008-1458, passed 2-28-08; Am. Ord. 2012-1580, passed 6-28-12; Am. Ord. 2016-1697, passed 4-28-16; Am. Ord. 2019-1779, passed 6-27-19)