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HomeMy WebLinkAbout1992-05-11 92-246 ORDINANCE99 9,19 pnG 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. Mrcrn .rf vnf i Manager's Comments:�T _._ I _ .11 - f -.. i pe ej ttdr 4na-0 ptasal.ULU19111�'l1 J CltyMaunYar Associated Informall Budget Approval: Ainmme Olrcrrur Legal Ape yet; T % ewl Deja fm 5 a Irma %✓( pvkE Per 110 ('PASSaa2. ChysolirLw For Reading rat Page_of_ s.1-lri° 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.