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Sussex officials adopt vendor regulations

Fast-track system bypasses public hearing process
June 22, 2015

Officials have cut the red tape and established a simpler process for temporary food vendors in Sussex County.

Sussex County Council adopted new regulations allowing vendors to get a permit from the planning and zoning office without going through the time-consuming and costly conditional-use application process, which requires two public hearings.

Vendors can be approved by presenting a site plan to the county's planning and zoning director for a $100 administrative fee. Prior to the amended ordinance, applicants spent as much as $2,000 to receive approval, said assistant county attorney Vince Robertson.

In addition, the old process took about 10 months; the new system could take a few days.

If necessary, Robertson said, the planning and zoning director has the option to make an applicant apply for a conditional use. In addition, vendors must comply with all state requirements regarding food preparation and health regulations.

Vendors must meet the following criteria:

• Property must be zoned commercial. • Vendor must be temporary and removable.

• Vendor cannot be permanently connected to utilities.

• The footprint can be no larger than 8 feet, 6 inches wide and 45 feet long.

• The vendor must have approval from the property owner.

• A site plan must be approved by the county.

• Only one stand or food truck per parcel.

• Vendor must provide a state business license.

• Approvals are good from March 15 to Nov. 15 and must be renewed each year.

• The permit sticker must be displayed prominently.

The action was prompted by recent applications – including a food cart at Brumbley's Family Park Campground near Milton, a hot-dog stand at Lowe's in Lewes, Taco Reho in Rehoboth Beach and a barbecue vendor at Hocker's G & E in Ocean View – viewed as too bureaucratic by county staff. All applicants' conditional-use requests were approved.

Robertson said the new regulations would not affect permitted produce stands in AR-1 zoned districts and permits for special events.

Lawrence Lank, director of planning and zoning, said vendors will be inspected, and violators could lose their permits.

Councilman George Cole, R-Ocean View, said he wanted to make sure the amended ordinance would not allow other types of vendors to set up at Sussex County intersections and parking lots. “We won't see people selling velvet wall hangings of Elvis?” he asked.

Cole was assured by Robertson that the ordinance applies only to temporary food vendors.