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197 Ms. Mohr asked if Gay Nineties was allowed outdoor dining with the intention of using the parking across the street. Mr. Swift stated that there was not a lease for that, but that was part of the decision making process. This was on an informal basis. Staff's intention is to place signs, advertising what and when parking spaces were available in the Bank of America parking lot. Ms. Mohr then referred to the retail only 90 day factor as drafted. She asked what was the starting point. Mr. Iserson stated that it would be when the tenant actually moves out. From that point on, the property owner would have a 90- day period to attempt to rent to a retail tenant only. The space could then be vacant for up to 90 days. Ms. Mohr suggested that the 90 day factor begin upon notification that the current tenant was vacating the premises. Mr. Iserson explained that a use becomes non-conforming when a tenant leaves, according to the current code. A non-conforming use can continue for up to 6 months as long as the shop is not vacant. Once the use became non-conforming officially with the vacation of the use, that is when the 90 day factor begins. Ms. Mohr asked if there was some advantage to marketing the property that is vacant over it being occupied. Mr. Iserson stated that there was no value to leaving a property vacant for 90 days. A 90 day notice would probably conform to the Task Force's intent. Ms. Scribner explained that the 90 day factor was suggested by a property owner who was willing to live with the loss of three months rent. The traditional definition of retail is where you may enter a store and purchase something and take it home. The Task Force's definition of retail includes the traditional definition and is expanded to include all personal services (beauty shops, barbers, nurseries, theaters). She further explained that the voluntary use of the parking lots by the general public is an attempt to help your neighbor in a time of need. The Task Force was trying to get a functioning multi-use district when it recommended retail only. Ms. Scribner referred to a book called Downtown Retail Development and then read its do's and don't's concerning downtown development. She said that the Task Force was trying to change downtown to be considered a shopping area and to bring back its compactness. Attachment B of the staff report listed other downtowns and what they consisted of. Ms. Scribner reiterated Attachment B. Ms. Scribner believed that the Downtown 11/17/92 23