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ST. CLAIRSVILLE -- City Council may take a closer look at its guidelines for temporary businesses.
The question was raised by the ice cream stand Frosty's Frozen Frenzy, which had secured a temporary permit to operate from May to September on a lot on 260 E. Main St. The owners, Darin and Kim Davis of New Athens, intended to transition to a coffee shop during the winter months with a drive-through window.
Planning and Zoning Administrator Tom Murphy said this might mean it would no longer qualify as a "temporary" business.
"They were looking to extend that, and it was determined that an extension is more of making a permanent business, and they would have to either follow a different process or follow a legal process that's in the code to get approved for maybe another temporary use or to look at something more long term," Murphy said.
Murphy said the building is a temporary structure that could require temporary classification.
He said the business may apply for a permit for conditional use, substantially similar use, and appeal his decision to the board of zoning appeals.
This led to a lengthy discussion among council members Monday about the criteria for a "temporary" business.
Murphy told Councilwomen Beth Oprisch and Terra Butler there is a lack of guidelines in the city bylaws and the timeframe of a temporary business is not strictly defined and is essentially up to the planning and zoning administrator. He suggested council determine an official policy.
Butler agreed.
"I feel like we need to outline what 'temporary' is so there's no confusion in the future. How would people even know what is temporary and what is not?" she said. "How are people supposed to continue profitable businesses if the options aren't there?"
She said smaller businesses that cannot pay the rent for a brick-and-mortar storefront have limited choices.
"What other options do we have to bring businesses into town if we as a city aren't willing to take a second look at what we call 'temporary' or 'permanent?'" She said. "We do have to find other ways to allow other businesses to have opportunities in some way or another to bring their business into town in some fashion or another."
Darin Davis also raised the issue of timeframe and how long it would take to reopen the shop. He said Murphy had indicated the process could take several months.
"Oct. 1 is when we wanted to open by, but we're already past that," he said after the meeting. "The surrounding communities like Cadiz, Bellaire, all them people have come to us and said: 'Come to our place.' But obviously this is an optimal location."
Murphy said there are currently four members of the planning and zoning board: Randy Burnard, Ed Reese, Mark Loy and Jared Sloan. A fifth member must be appointed, and Mayor Kathryn Thalman is looking for candidates.
Murphy said board meetings are scheduled at the need of an applicant should the Davises appeal. Murphy said if the business owners appeal and provide all necessary paperwork such as approval by the Health Department, the business could hear a decision and reopen fairly quickly.
In other matters, Oprisch suggested tabling a motion she had submitted to loosen the process for members of the public to speak at council meetings. She said she would like further input from council members on the subject. She proposed instead repealing the ordinance restricting public participation altogether, with the president of council charged with keeping order.
"I think anybody who comes to council should get to say something," Oprisch said. "I appreciate that we want some order, and I absolutely think there should be some decorum. People shouldn't be screaming at people, people shouldn't be calling people names. People should not be disrespectful, and I think the president of council's job is to shut them down if that should start. But anyone who comes in, whether or not they're on the agenda, if they want to say something they can say something."
Butler said there have been occasions during prior meetings when public input would have been valuable. She added that Darin Davis's comments during Monday's meeting gave a valuable perspective.
Council President Jim Velas said since this would change meeting procedure, the matter should be brought up next year, when two new council members take their seats. Oprisch and Councilwoman Linda Jordan, a mayoral candidate, are not seeking reelection.