Temporary uses in parking lots (was: Save Your Glass)

[rosierivets]

There is a company that offers "free", "no catch" windshield repair services locally. They want to set up shop in my municipality. The way they operate is that they pay anchor stores such as grocery stores or big boxes a small amount of rent in order to take up approximately 5 parking stalls. They claim to not charge customers anything "in most cases" because they get indivudual customers auto insurance companies involved. They also claim that they are doing everyone a service by drawing customers to the anchors.

To me, this sounds like a too good to be true scheme or a way to get around obtaining a permanent location. Our zoning ordinance requires special use permits for kiosks, outdoor accessory businesses, and auto uses (they dispute that they are a repair business and feel that they are no more intrusive than replacing a headlight). I think we've got enough to stand on to discourage this, especially given that they will be using parking stalls dedicated for other uses and installing attention grabbing temporary signage, trailers, etc. Just wondering if any of you have experienced this one.

First rug and "art" sales, now this...

[dvdneal]

we have them out here. They like to hang out at the gas station and harass customers to get windshield cracks fixed. They don't actually attract people, it's more of a nuisance. What they do is look for people who have cracks in the windshield, drill a hole in the windshield to stop the crack from spreading, and fill the crack with clear plastic resin. Then they charge your insurance company. This does stop the crack, but the appearance of the crack is still on the windshield. For Arizona it isn't much help since we have laws to have windshields with cracks replaced - don't drive with a crack, you get a ticket.
Our city looks at them as mobile vendors. We only allow mobile vendors to sell food products (except door to door salesman), so they are not given a business license.
Other than that, they will problably want to start putting out signs and other annoying things. It really is too good to be true.

[Zoning Goddess]

The legitimate companies will generally go to people's homes or place of business to repair windshields. But they'll have an established office in a commercial or industrial area.

If they want to set up shop in a parking lot, be sure to tell them they have to meet all the regs of the stores, like ensure they have enough parking, handicap parking, restrooms and handicap access of those.... You know Ross and Winn Dixie aren't gonna let these yahoos use their bathrooms, so they'd have to build their own in the parking lot (which means the shopping center owners probably don't have a clue these guys are operating there...)

[Chet]

Let them! 5 stalls is aloyt.

have used this kind of windshield service twice.

On a same note, I used a company called "Tired on The Move" that came to me and changed flats. 3 times. All insurance paid. They were $400 tires each. damn low profile tires...

[CitySlicker]

Atty for developer here sniffing around and saw this topic. Have institutional client leasing space to them. They had me check them out. If you dont think they draw traffic, then ask why Meijer and Simon Properties want them in. Or better yet call them like I did. Maybe do some research which is not done in chat rooms. Theyve done 500 repairs in 2 months. All you tree hugger "staff" should love saving space in landfills and reducing co2. Yes, if you have full coverage ded is waived making it free.

Maybe you guys should learn to do legit research and maybe even get a job where you have to actually contribute to helping a company make money, thus helping the economy, instead of looking at meaningless ways to stop jobs, etc (oh, that sign is too big for my taste!)

[Gedunker]

Originally posted by CitySlicker

Atty for developer here sniffing around and saw this topic. Have institutional client leasing space to them. They had me check them out. If you dont think they draw traffic, then ask why Meijer and Simon Properties want them in. Or better yet call them like I did. Maybe do some research which is not done in chat rooms. Theyve done 500 repairs in 2 months. All you tree hugger "staff" should love saving space in landfills and reducing co2. Yes, if you have full coverage ded is waived making it free.

Maybe you guys should learn to do legit research and maybe even get a job where you have to actually contribute to helping a company make money, thus helping the economy, instead of looking at meaningless ways to stop jobs, etc (oh, that sign is too big for my taste!)

Gedunker~ Maybe Mr. Attorney for the Developer should do some research: I'd suggest you start here. See anything applicable?

[CitySlicker]

Sorry, long day, not enough coffee.

[mike gurnee]

Welcome aboard slicker. Have a cup of joe and chime in more often.

[Maister]

My impression of most temporary uses is they are nuisances more than anything. I can understand a big box wanting to make a little $ off parking lot space, but the reality is that many of these operations that sell things in parking lots are only siphoning business away from other area businesses that have invested condsiderable money in the community in the form of infrastructure, site improvements, and property taxes. Some Bozo with a card table, canopy, and no overhead in all probability is taking something away from the community rather than contributing.

[Suburb Repairman]

Originally posted by Zoning Goddess

The legitimate companies will generally go to people's homes or place of business to repair windshields. But they'll have an established office in a commercial or industrial area.

If they want to set up shop in a parking lot, be sure to tell them they have to meet all the regs of the stores, like ensure they have enough parking, handicap parking, restrooms and handicap access of those.... You know Ross and Winn Dixie aren't gonna let these yahoos use their bathrooms, so they'd have to build their own in the parking lot (which means the shopping center owners probably don't have a clue these guys are operating there...)

No worries, CitySlicker. No blood, no foul.

My experience has been similar--I've seen plenty of legit types of these businesses that have a small office somewhere and cater exclusively to out-call clientelle (go to customer's residence or place of business).

While this may vary geographically from what CitySlicker has experienced, in this part of Texas the shopping center owners often lack a local property management presence and are unaware that these mobile vendors have set-up shop on their property. We required a mobile vendor license at my prior employer to assure they met local regulations for mobile vendors and had the property owner's consent to operate. Mobile vendor standards, at least it my community, were not particularly difficult. Any legit business should be able to get one without any issues.

I'll be the first to say that 90% of these guys are probably legit. However, and CitySlicker will probably acknowledge this as a lawyer, regulations are often put in place to address the problems associated with the other 10%.

<off topic>In keeping with that 90/10 split... CitySlicker, I don't fault you for criticizing planning staff for operating in a vacuum unaware of how the business sector works. I know this happens on occasion. By the nature of your working in the legal profession, you are rarely called into action to work with the 90% of planners that understand and often help business owners. For example, as a planner I ended-up providing testimony that was detrimental to my municipal employer because, against the advice of planning staff, the elected officials had acted in a way that was inconsistent with regulations & due process to the detriment of a business owner. Most of us do not have an ax to grind, as we are called to work in the "public interest." The likely reason you have a negative perception is that different aspects of the public interest may conflict with one another, forcing the planner to perform a rather difficult balancing act that inevitably pisses off at least one party.

Lawyers are called upon more often as "fixers" when your client (a) encounters one of the 10%, or (b) experiences miscommunication with a well-meaning planner. Compared to other government professions, planners don't come off as "soulless, faceless bureaucrats" like others.

It's the same basic reason that so much of the American public talks about how they hate lawyers--all they ever hear in the media is the ridiculous stuff, because if it bleeds, it leads. A corporate lawyer that gets a frivolous lawsuit tossed out of court rarely makes the news, but stories like the McDonald's coffee incident go viral. A personal injury attorney that successfully gets damages in a legitimate case won't hit the airwaves, but the case that sounds fishy does. Truth be told, 90% of lawyers are good contributors to the legal profession and society, but like planners, there are the 10% out there that contribute to negative perceptions.
</off topic>

[rosierivets]

Originally posted by Gedunker

Geez. Thanks Gedunker.

I am sorry, but I do not see it as the responsibility of my municipality to help a start up business without any permanent location try to capitalize on the improvements of other established stores which were developed according to the requirements of code.

This is research, buddy.

Peace and love-
"Tree Hugger" staff

PS: The Committee voted it down in the end. I appreciate the feedback from my Cyburbia peers.