St. CLAIRSVILLE — Frosty’s Frozen Frenzy ice cream stand prompted debate in 2023 about what constitutes a temporary or permanent business, and city policies are expected to be hammered out in 2024.

The issue arose in October, when Darin and Kim Davis of New Athens brought the matter before St. Clairsville City Council. They intended to reformat their stand, located on 260 E. Main St., to serve coffee with a drive-through window during winter.

However, Planning and Zoning Administrator Tom Murphy voiced concerns that extending their permit might disqualify the stand as a “temporary” business. In the discussion that followed, council members asked questions and were told that city bylaws do not clearly define a temporary business or lay out its time frame.

Murphy said the stand has since had its permit approved by the Board of Zoning Appeals to operate until Labor Day, Sept. 2, 2024.

“At that time, it is hoped that the planning commission and city council will have come up with some guidelines for temporary businesses,” he said. “They can operate right now. Their approval came in November of this year.”

The business owners could not be reached for comment, but Murphy said the planning commission will meet at 6 p.m. Jan. 8 to discuss temporary businesses. Murphy said traditionally a “permanent” business would occupy a building while a temporary business would be more mobile.

“Council is looking at a temporary business/seasonal, because that type of business wouldn’t be operating year-round in one location. It might just be there for a time period like during the summer or the winter,” he said. “Once it’s finished for the season, it could be closed up and moved.”

Murphy and other city leaders have discussed ways to make the city more attractive to businesses while ensuring standards are maintained.

“They’re going to look at what type of timeline, how long a seasonal business or temporary business could be located at a certain location,” Murphy said. “They’re going to probably look at sanitary sewer treatment. If there’s a structure there for a while, and if they have sewage (or other waste), where is that sewage going to go? Is it going to an appropriate location in the city? Where are they going to get their water from? How is that tied into the city water system? Is electric provided appropriately? These are some of the things that would be worked on.”

Murphy said individual length of time for a permit and permit costs have not been determined. He said there have been very few requests for a temporary business permit.

“A better way to describe ‘permanent’ is a business in a brick-and-mortar store. I know city council, they don’t want to affect any property owners or building owners that have a storefront now that’s vacant. They want to make sure that by establishing a temporary business that they wouldn’t negatively affect the current property owners that have a vacant storefront.”

Murphy said the planning commission is made up of Mayor Kathryn Thalman, engineer A.J. Smith, Emily Shortall of Harvey Goodman Realtor, and Councilwoman Kristi Lipscomb.

“We’re just looking forward to getting some guidelines that are clear for business owners, possible business owners, that protects city council and also protects the city,” Murphy added.