Requiring the owners of snow cone stand businesses to remove temporary structures during non-operating months may seem like a basic zoning mandate for the City of Forney but, as council discussions proved, nothing is simple when creating new business regulations.
A decision on new rules has been pushed back after the Forney City Council debated the issue at its regular meeting July 16, 2013.
The Forney Planning and Zoning Commission previsouly recommended a change to a "seasonal" designation for snow cone stand permits which would only allow the businesses to operate between April 1 and Sept. 30.
Under the new regulation, operators would have to set up their temporary structures within 14 days prior to opening and remove them within 14 days after closing for the year.
"I guess I have a bit of a problem," said Mayor Pro Tem Andy Parker. "I understand, if they are shuttered and vacant, maybe from an aesthetic standpoint, we would like to see them moved off of the property. But if a stand is in fact open year-round, I don't quite understand why we would want to dictate their particular business operation. If you are able to sell snow cones in December, I say fine."
Other questions were raised regarding lack of participation in making the new regulation by current business owners.
"I would like to make sure that all three business owners are contacted before this is brought before the council," said council member Robbie Powers.
Forney Community Development Director Peter Morgan told the council that, despite efforts, only one business was reached so far, and that none provided input through the Planning and Zoning Commission.
"We received one question from a member of the community for clarification," Morgan said. "But we did not receive any counsel for or against the proposal from any of the businesses."
By the end of the discussion, council members requested that Morgan make additional efforts to contact business owners and provide an option for either seasonal or year-round permits.
With that compromise reached, council members were then faced with how to enforce the new rules and ensure that year-round businesses were, in fact, operating in typically off-season months.
"Who polices the number of operating days?" asked council member Scott Regan. "How do we quantify it? Is it 30 minutes of being open?"
The Forney City Council is set to revisit the regulations Aug. 6