1/13/2009
New Castle County Approves Councilman Weiner's Legislation to Improve Regulation of Temporary Sales

Wilmington, DE… New Castle County Council passed an ordinance (Substitute No. 1 to Ordinance. 08-115) at its January 13th regular Council meeting that amended Chapter 40 of the Unified Development Code that addresses improved regulation for public interest and temporary miscellaneous sales on properties throughout our community.

Councilman Robert S. Weiner (2nd District) sponsored and Councilman John J. Cartier (8th District) co-sponsored the legislation.
Councilman Weiner stated, “Temporary miscellaneous sales have become commonplace on the corners of properties throughout our community.  There is usually insufficient parking for this activity.  Tents and other temporary sales areas close to intersections decreases visibility for drivers and pedestrians.  I believe that character of our community is being negatively affected and that it was my duty to improve regulations for this type of activity.”

Councilman Cartier stated, "The ordinance provides a sensible regulatory framework which will protect our local tax paying businesses and consumers and will enhance traffic safety. Also the ordinance proposes easier standards for our non-profits so the can conduct seasonal fundraisers to benefit their communities. This ordinance is another great example of NCCC working to enhance the quality of life for our citizens."

Major changes made by this ordinance to the New Castle County Code with respect to public interest and special events are the following:

• A limited use permit is required for temporary special events.  Non-profit and/or charitable organizations shall only be required to submit an information sheet, on a form to be approved by the Department of Land Use, that identifies the non-profit or charitable organization and the name, address and telephone number for a primary contact.

• This activity is limited to no more than six (6) times per year, and each event shall last no longer than fourteen days.  In the EX district only permitted in areas approved for recreation, high intensity uses.

• No display, sales or parking shall obstruct pedestrian or vehicular traffic.

• All display areas and temporary structures shall comply with the minimum required yard setbacks for the zoning district in which the temporary sales event is being proposed and may not displace required parking for the primary use of the property.
A public interest is defined as outdoor gatherings, auctions, art sales, flower/plant and holiday tree sales, bake sales and sales of similar items for the benefit of the community, or community service or non-profit organization.
A special event is defined as events that may include, but are not limited to, outdoor concerts, auctions, carnivals, circuses, outdoor religious meetings, and special entertainment at commercial properties. Such uses often travel to various communities, or involve noisy events regardless of purpose.
Major changes made by this ordinance to the New Castle County Code with respect to public interest and special events are the following:

• A limited use permit shall be requires for all temporary miscellaneous sales and shall be valid for a period not to exceed thirty (30) consecutive days.  A property may only be used a total of four (4) times per calendar year for temporary miscellaneous sales.

• All display areas and temporary structures shall comply with the minimum required yard setbacks for the zoning district in which the temporary sales event is being proposed and may not displace required parking for the primary use of the property.
Temporary miscellaneous sales is defined as those activities which bring goods to a retail use in trucks, and sell that merchandise from the trucks or a temporary outdoor or tented sales area. Examples include, but are not limited to, holiday tree sales, flower and plant sales, furniture and other similar goods and products.

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