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Home My WebLink About2025-05-28 25-180 Ordinance25-180 05/28/2025 CITY COUNCIL ACTION Council Meeting Date: 5/28/2025 Item No: 25-180 Responsible Dept: Planning Action Requested: Ordinance Map/Lot: N/A Title, Ordinance Amending Chapter 165, Land Development Code by Removing the Limitations on Number and Square Footage of Temporary Commercial Vendors in the Waterfront Development District Summary This ordinance amendment would amend the Land Development Code by removing the limitations on number and square footage of temporary commercial vendors in the Waterfront Development District (WDD). Currently, temporary sales of food (i.e. food trucks) and merchandise are limited by the Land Development Code to 5 vendors per lot in the WDD zone and 10 in the whole district. The ordinance also limits the total combined square footage for all temporary structures on a lot to 1,000 square feet. This poses a problem even for the current allowance of 5 vendors at the waterfront since each vendor takes up about 450 square feet of space. There is an existing policy for commercial vendors at the waterfront that puts controls on temporary sales like food trucks and is fine-tuned to meet the needs of this area. Additionally, interest has been expressed in having additional food trucks at the waterfront during the summer season, which would bring additional visitors to this area. Therefore, this amendment would remove the limits on the number and square footage of temporary vendors in this zone. Committee Action Committee: Planning Board Action: Staff Comments & Approvals Meeting Date: 6/3/2025 For: Against: City Manager City Solicitor Finance Director Introduced for: First Reading and Referral 25-180 05/28/2025 CITY COUNCIL ORDINANCE Date: 5/28/2025 Assigned to Councilor: Fish ORDINANCE, Amending Chapter 165, Land Development Code by Removing the Limitations on Number and Square Footage of Temporary Commercial Vendors in the Waterfront Development District; WHEREAS, at present, the current ordinance limits temporary sales of food and merchandise in the Waterfront Development District to 5 per lot and 10 in the whole zone, as well as to a maximum of 1,000 square feet of gross floor area; WHEREAS, the gross floor area limitation poses a problem even for the current allowance of 5 vendors at the waterfront since each vendor takes up about 450 square feet of space; WHEREAS, there is an existing policy for commercial vendors at the waterfront that puts controls on temporary sales like food trucks and is fine-tuned to meet the needs of this area; WHEREAS, interest has been expressed in having additional food trucks at the waterfront during the summer season, which would bring additional visitors to this area; WHEREAS, the proposed amendments would remove the limits on the number and square footage of temporary vendors in this zone; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT Chapter 165 of the Code of the City of Bangor is amended as follows: § 165-31 Temporary sales of food or merchandise. D. Temporary sales of food or merchandise shall be further limited as follows: 0110.11 ON E. Temporary sales of food or merchandise shall meet the following conditions: (7) The gross floor area of all temporary structures shall not exceed 1,000 square feet, except in the Waterfront Development District, where there is no maximum gross floor area. (8) The Code Enforcement Officer may deny a permit for any such activity which does not meet any other policy, code, or ordinance requirement of the City of Bangor. 25-180 05/28/2025 Additions are underlined, deletions struck h. ffi W M e �'1 f� ` I �� .�.�� "" �� ./ � �1. F 1.�.� //; .q w '' I�EV'�� L��1"�T � M� .� CIT� �F BAI�T+G+C�R. PLANV�IC�ICr QIWI51ClN Memorandum To: Honorable Bangor City Council Courtney O'Donnell, Interim City Manager From: Anja Collette, Planning Officer Date: June 3, 2025 CC: David Szewczyk, City Solicitor Anne Krieg AICP — Director of Community & Economic Development Re: Planning Board Recommendation June 3, 2025 Amending Chapter 165, Land Development Code, by removing the limitations on number and square footage of temporary commercial vendors in the Waterfront Development District Please accept this memorandum as the recommendation from the Planning Board for the noted item. The Planning Board considered this item in a noticed public hearing on June 3, 2025. The meeting was conducted in the Council Chambers at City Hall and on Zoom. Members in attendance in the Chambers were Vice Chair Jonathan Boucher and Members Trish Hayes, Mike Bazinet, Ted Brush, Ken Huhn, and Janet Jonas. Planning Officer Collette briefly reviewed the proposed amendments. From the staff inemo: A. This ordinance amendment would amend the Land Development Code by removing the limitations on number and square footage of temporary commercial vendors in the Waterfront Development District (WDD). Currently, temporary sales of food (i.e. food trucks) and merchandise are limited by the Land Development Code to 5 vendors per lot in the WDD zone and 10 in the whole district. The ordinance also limits the total combined square footage for all temporary structures on a lot to 1,000 square feet. This poses a problem even for the current allowance of 5 vendors at the waterFront since each vendor takes up about 450 square feet of space. B. There is an existing policy for commercial vendors at the waterfront that puts controls on temporary sales like food trucks and is fine-tuned to meet the needs of this area. Additionally, interest has been expressed in having additional food trucks at the waterfront during the summer season, which would bring additional visitors to this area. Therefore, this amendment would remove the limits on the number and square footage of temporary vendors in this zone. However, other restrictions on temporary vendors would remain, such as the requirement to obtain a Certificate of Occupancy. The current language that shows these restrictions is included in your packets. Vice Chair Boucher asked for clarification on where this would apply to. Collette stated that this would 73 HARLOW STREET,BANGOR,ME 04401 TELEPHONE: (207)992-4280 FAX: (207) 945-4447 WWW.BANGORMAINE.GOV CITY OF BANGOR PLANNING DIVISION PLANNING BOARD RECOMMENDATION TO CITY COUNCIL 6.3.2025 Land Development Code—Temporary Commercial Vendors in WDD apply to the whole waterfront district, so beyond where there are currently food trucks at the waterfront. Boucher asked if this was separate from food trucks at events. Collette confirmed that events were controlled by a separate policy. There were no comments from the public. Member Brush moved to recommend to City Council that the proposed amendments ought to pass. Member Jonas seconded the motion. The motion passed 6:0 with all members voting in favor. The result of the vote is that a majority of Planning Board members voted to recommend that the proposed amendments ought to pass. Anja Collette Page 2 � 2 IN CITY COUNCIL MAY 28, 2025 COrd 25-180 First Reading and Referral to Planning Board Meeting on June 3, 2025 ��:,w�,��° '" .�� °,„�,��"��,°��*°.�� CITY CLERK IN CITY COUNCIL JUNE 9, 2025 COrd 25-180 Motion made and seconded for Passage Vote: 8 —0 Councilors Voting Yes: Beck, Deane, Fish, Fournier, Leonard, Mallar, Tremble, Pelletier Councilors Voting No: None Passed ��.�` � M,�� w�� s� CITY CLERK