HomeMy WebLinkAbout1992-05-11 92-246 ORDINANCE99 9,19
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Date M-e~taco mem Di 2 2,6
Iteen/Subject: Mending Land Development Code - Chapter VIII, Articles 3 and 6 -
Temporary Sales of Food or Merchandise - C.O. 8 92-246.
Responsible Department: _
Commentary:
The Planning Board at its regular meeting of May 19, 1992, bell a public hearing
on the above -noted Land Development Code Amendment.
No one spoke either in favor of or in opposition to the proposed amendment.
The Planning Board voted 5 in favor and none apposed to recommend
c e d to the
City Council that the zoning amendment contained In C.O. p 92-246 be approved.
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Ammned to Counaor Cary
CITY OF BANGOR
(TITLE.) @rbinWtM, Amending Chapter VIII, Art cles 3 and 6 of the
Land Development Code -- Temporary Sales of Food or Merchandise
Be U ordained 6y W CHV Cosner! of W City WBa , w fo".
WHEREAS, the City's Land Development Code does not currently provide
for the temporary sales of food or merchandise on private property in
the City of Bangor as a permitted or conditional use; and
WHEREAS, a policy recently adopted by the City Council proposes to
allow itinerant commercial vendors to locate on private property
throughout the City under certain conditions{ and
WHEREAS, the City Council wishes to make such temporary uses
permissible and has developed standards under which these itinerant
commercial vendors should operate,
NOW, THEREFORE, By the City Council of the City of Bangor, be it
ORDERED,
THAT Chapter VIII, Part II, Article 3, Section 2 of the Land
Development Code be amended by adding the following to the
"Definitions- section:
Temvorary Sales of Food or Merchandise. For the
Purpose of this Ordinance activities included
under paragraph 2 of this definition shall require
a certificate of occupancy from the Code
Enforcement Office. Activities included under
paragraphs 1 or 2 of this definition will not be
nsideiad permanent land uses and will not,
therefore, be required to have Land Development
Permit approval under the provisions of Part IV,
Article 17 of this Ordinance. Temporary Sales of
Food or Merchandise are expressly limited tot
-2-
.I. Itinerant commercial vendors, who sell from
mobile or movable vehicles, carts, or stands,
which are completely removed from the site on
which they are located each day, and operate
only during the daylight hours, or
2. Itinerant commercial vendors, who remain on a
site for a period of time not to exceed five
ionths and who make no new fixed or permanent
mprovements to the site. Those improvements
permitted shall be limited to a temporary
electrical service as defined under the
National Electrical Code.
All such activities shall meet the requirements of
Part II, Article 6, Section 8 and shall only be
allowed in the following zoning districts: Urban
Service District, Downtown Development District,
waterfront Development District, Urban Industrial
District, Shopping and Personal Service District,
General Commercial and Service District, and
Industry and Service District.
and be it further ORDERED,
THAT Chapter VIII, Part II, Article 6 of the Land Development Code
be amended by adding the following:
Sec. 8 Temporary Sales of Food or Merchandise. Those
activities defined under this Ordinance as
temporary sales of food or merchandise shall
meet the following conditions:
8.1 Those located on private property shall
have written permission of the property
Owner.
8.2 Such activities defined in Article 3,
Section 2, paragraph 1 of this Ordinance
(Itinerant Commercial Vendors) shall set
back any vehicles, stands, etc. at least
20 feet from the property line or the edge
of the sidewalk, or if no sidewalk, from
the edge of the pavement of the travelled
any adjoining the property, whichever
distance is less. Signs shall he set back
at least 30 feet from the above features.
8.3 Such activities defined in Article 3,
Section 2, paragraph 2 of this Ordinance
shall meet the following requirements:
92-246
-3-
tables, chairs or benches and similar
objects shall not be considered
permanent structures under this section.
Structures with direct wiring connections
or fastened to a permanent foundation or
other materials or anchored below the
ground surface shall not be permitted.
C. Signa shall comply with the City's
Sign Ordinance.
D. Existing vehicular access and off-street
parking must be deemed adequate by the
Code Enforcement Officer prior to issuing
a permit for such use. The Code'Enforce-
ment Officer most find that such access
and parking does not create congestion,
hazardous conditions or limited visibility
on the adjacent highway system.
E. The gross floor area of all temporary
structures shall not exceed 1,000 square
feet.
8.4 The Code Enforcement Officer may deny a permit
for any such activity which does not meet any
other code or ordinance regulation of the City
Of Bangor.
92-246
Asa, sedto Couneilor Soucy any 11,1992
CITY OF BANGOR
(TITLE.) (Drbjna , ending -Chapter VIII, Articles 3,and 6 of the
Land Development Code -- Temporary Sales of Food or Merchandise
Bea ordained6y Bm City Coarwitoftlw CigofBa .anfot v
THAT Chapter VIII, Part II, Article 3, Section 2 of the Land
Development Code be amended by adding the following to the
"Definitions" section:
Temoorary Sales of Food or Merchandise. For the
purpose of this Ordinance activities included
under paragraph 2 of this definition shall require
a certificate of occupancy from the Code
Enforcement Office. Activities included under
paragraphs 1 or 2 of this definition will not be
consIdersml permanent land uses and will not,
therefore, be required to have Land Development
Permit approval under the provisions of Part IV,
Article 17 of this Ordinance. Temporary Sales of
Food or Merchandise are expressly limited to:
1. Itinerant commercial venders, who sell from
mobile or movable vehicles, carts, or stands,
which are
completely removed from the site an
which they are located each day, and operate
only during the daylight hours, or
2. Itinerant commercial venders, who remain on a
site for a period of time not to exceed five
months and who make no new fixed or permanent
improvements to the site. Those improvements
permitted shall be limited to a temporary
electrical service as defined under the
National Electrical Code.
92-246
-2-
All such activities shall meet the requirements of
Part II, Article 6, Section 8 and shall only be
allowed in the following zoning districts: Urban
Service District, Downtown Development District,
Waterfront Development District, Urban Industrial
District, Shopping and Personal Service District,
General Commercial and Service District, and
Industry and Service District.
and be it further ORDERED,
THAT Chapter VIII, Part II, Article 6 of the Land Development Code
be amended by adding the following:
Sec. 8 Temoorarv. $ales of Food or Merchandise. Those.
activities defined under this Ordinance as
temporary sales of food or merchandise shall
meet the following conditionsz
8.1 Those located on private property shall
have written permission of the property
owner.
8.2 Such activities defined in Article 3,
Section 2, paragraph 1 of this Ordinance
(Itinerant Commercial Vendors) shall Set
back any vehicles, stands, etc. at least
20 feet from the property line or the edge
of the sidewalk, or if no sidewalk, from
the edge of the pavement of the travelled
way adjoining the property, whichever
distance is less. Signs shall be set back
at least 10 'feet from the above features.
8.3 Such activities defined in Article 3,
Section 2, paragraph 2 of this Ordinance
shall meet the following requirements:
A. No permanent improvements shall be
.made to the site including grading
or filling or construction of new
access drives or creation of additional
curb cuts not previously approved
under this Ordinance or predecessor
ordinances.
B. No structure shall be permanently
affixed or attached to the ground or
to existing structures, poles, or
trees or placed on a permanent
foundation. Tents, moveable picnic
-3-
A. No permanent improvements shall be
made to the site including grading
or filling or construction of new
access drives or creation of additional
curb cuts not previously approved
under this Ordinance or predecessor
ordinances.
B. No structure shall be permanently
affixed or attached to the ground or
to existing structures, poles, or
trams or placed on a permanent
foundation. Tents, moveable picnic
tables, chairs or benches and similar
objects Shall not be considered
permanent structures under this section.
Structures with direct wiring connections
or fastened to a permanent foundation or
other materials or anchored below the
ground surface shall not be permitted.
C. Signe shall comply with the City's
Sign Ordinance.
D. existing vehicular access and off-street
parking must be deemed adequate by the
Code Enforcement Officer prior to issuing
a permit for such use. The Code Enforce-
ment Officer must find that such access
and parking does not create congestion,
hazardous conditions or limited visibility
on the adjacent highway system.
E. The gross floor area of all temporary
structures shall not exceed 1,000 square
feat.
8.4 The Code enforcement Officer may deny a permit
for any such activity which does not meet any
other code or ordinance requirement of the
City of Bangor.
In City Council May 11.1992
first reading refered to
app��ropp)riate committee
City Clark
92-246
OPO}NANCE
( TIT11,) 'Amending Chapter VIII, Article � 6 6
of the Land Development Code Temporary Sales.
of Food and Merchandise
IN CITY COUNCIL
May 27, 1992 Ae®gne to
Vote for Peonage felled by aU2
following yes and no votes.
Councilors Voting yea: 1
Bragg, Frankel, Saxl and SoucyEE
Councilors voting no: Baldaccl�l
and Blanchette. Councilors absent;
Cohen, Sawyer and Stone. Motion
to reconsider Passed. Considei next
meeting.
IN CITY COUNCIL
June 8, 1992
Awarded by Substitution and Passed
by the following yes and no v t e
Councilors voting yes: Bald e i Blanchette,
Bragg, Cohen, Frankel, Samye all, Soocy and Stone.
CITY CLERK
92 246
Excerpt from May 19, 1992 Planning Board Meeting Staff Memoran-
dum
Item No. 2: Land Development Code Amendment - Chapter VIII,
Articles 3 and 6 - Temporary Sales of Food o
Merchandise - City of Bangor, applicant - C.O. y
92-246
a. The City has embarked upon a policy making activity to help
guide the placement of temporary sales activity for both
public areas (streets, parks, etc.) and on private land.
The Community and Economic Development Committee of the City
Council has met with Staff and developed a general policy
upon which to base specific ordinance requirements and to
handle requests for such uses. As part of the
implementation of this policy, it is necessary to clarify
these uses under the Land Development Code in order to
provide guidelines for their location on private property.
b. The proposed amendment to the Land Development Code provides
for bath a definition (in Article 3) and for some guidelines
for establishment of such uses (in Article 6). The defini-
tion establishes two categories for temporary sales of food
or merchandise which are exempt from Land Development Permit
approval provided that they meet certain standards and re-
ceive a permit from the Code Enforcement Office. The first
of these is for those who simply sell things from the back
of vehicles, essentially; are on a site for a few hours, and
completely remove their presence by the end of the day. The
second definition covers those who are in a location for an
extended period of time (there is a limit of five months for
such temporary presence).
C. The proposed procedure under Section 8 of Article 6 of the
Land Development Code requires that the person establishing
such a use has written permission to be on private property,
that certain minimum setback clearances are established and
maintained, and that there be no permanent improvements of
any sort. Also, any temporary structure placed an a lot may
not have in excess of 1,000 sq. ft. of floor area. The Code
Enforcement Officer has the sole responsibility and authori-
ty to grant or deny such application for temporary sales of
food or merchandise under the Ordinance.
d. Staff finds that clarification of under what conditions
which types of activities can be established to be helpful
and, particularly, for the Code Enforcement Office so that
it can make determinations as to what needs site plan approv-
al under the Land Development code and what does not. The
proposed ordinance amendments follow the policies set up by
the Council, and Staff would recommend the Planning Board
recommend this Land Development code Amendment to the city
Council.