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Home My WebLink About2026-05-27 26-17826-178 MAY 27, 2026 CITY COUNCIL ACTION Council Meeting Date: May 27, 2026 Item No: 26-178 Responsible Dept: Planning Action Requested: Ordinance Map/Lot: n/a Title, Ordinance Amending the Land Development Code, Section 165-31 Temporary Sales of Food and Merchandise to Allow Increased Flexibility for this Use Summary This amendment would broaden seasonal sales to encompass other products besides unprocessed agricultural, marine or forest products, allow temporary sales of food and merchandise in the Neighborhood and Service District (NSD), allow temporary sales of food and merchandise on vacant lots, increase the maximum gross floor area of all temporary structures on a lot in most commercial zones to 2,000 square feet, remove the requirement for extra parking for this use in most commercial zones, and reduce the setbacks for this use. The amendments would also prohibit temporary sales from having drive -through service. Committee Action Committee: Planning Board Action: Staff Comments & Approvals Meeting Date: June 2, 2026 For: Against: City Manager City Solicitor Finance Introduced for: First Reading and Referral 26-178 MAY 27, 2026 CITY COUNCIL ORDINANCE Date: May 27, 2026 Assigned to Councilor: Faloon ORDINANCE, Amending the Land Development Code, Section 165-31 Temporary Sales of Food and Merchandise to Allow Increased Flexibility for this Use. WHEREAS, the Land Development Code currently prohibits temporary sales of products besides unprocessed agricultural, marine, or forest products outside of the Waterfront Development District, and contains other burdensome restrictions on temporary sales; and WHEREAS, this limits opportunities for small-scale commercial vendors, who may be looking to move from seasonal sales to one day operating a year-round establishment in the City; and WHEREAS, the proposed amendments allow additional flexibility for temporary sales of food and merchandise in the City outside of the Waterfront Development District (WDD); Be it Ordered by the City Council of the City of Bangor that, The Land Development Code shall be amended as shown below: § 165-31 Temporary sales of food and merchandise. A. Temporary sales of food or merchandise are expressly limited to: (1) 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 between the hours of 6:00 a.m. and 10:00 p.m. (2) Itinerant commercial vendors who: (a) Remain on a site for a period of time not to exceed 150 days; (b) Make no new fixed or permanent improvements to the site, but shall be permitted temporary electrical service as defined under the National Electric Code; (d) Operate only between the hours of 6:00 a.m. and 10:00 p.m., except in the Waterfront Development District, where such vendors may operate until midnight. C. Temporary sales of food or merchandise shall only be permitted in the following districts: Urban Service District, Shopping and Personal Service District, General Commercial and Service District, Downtown Development District, Waterfront Development District, Urban Industry District, aigd-Industry and Service District, and Neiahborhood Service District. 26-178 MAY 27, 2026 D. Temporary sales of food and merchandise are permitted on vacant lots with the written approval of the owner. EB. Temporary sales of food or merchandise shall be further limited as follows: (1) In the Downtown Development District and Industry and Service District, no more than one itinerant commercial vendor may be permitted per lot. (2) In the Shopping and Personal Service District, General Commercial and Service District, Urban Service District, and Urban Industry District, no more than four itinerant commercial vendors may be permitted per lot. M In the Neighborhood Service District, no more than two itinerant commercial vendors may be permitted per lot. ffi Drive -through service is prohibited. FE. Temporary sales of food or merchandise shall meet the following conditions: (2) Itinerant commercial vendors shall set back any vehicle, stands or other items related to the temporary sale of food or merchandise at least 29 feet, eF, OR the WateFfFeRt DevelepnqeRt DistFiet,7 10 feet; from the property line or the edge of the sidewalk or, if no sidewalk, from the edge of the pavement of the traveled way adjoining the property. (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 and in the Urban Service District, Shopping and Personal Service District, General Commercial and Service District, Urban Industry District, and Industry and Service District, where the maximum floor area is 2,000 square feet. GE. Notwithstanding the above, the requirements of the rest of this § 165-31 do not apply to itinerant commercial vendors authorized as part of an event permitted through the City of Bangor event permit policy. COMMUNITY &ECONOMIC DEVELOPMENT CITY OF BANGOR. PLANNINGr DIVISION Memorandum To: Honorable Bangor City Council Carollynn Lear, City Manager From: Anja Collette, AICP, Planning Officer Date: June 3, 2026 CC: Courtney O'Donnell, Assistant City Manager David Szewczyk, City Solicitor Anne Krieg, AICP — Director of Community & Economic Development Re: Planning Board Recommendation June 2, 2026 Amending the Land Development Code, Section §165-31 Temporary Sales of Food and Merchandise to Allow Increased Flexibility for this Use 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 2, 2026. The meeting was conducted in the Council Chambers at City Hall and on Zoom. Members in attendance in the Chambers were Chair Jonathan Boucher and Members Trish Hayes, Ted Brush, Ken Huhn, Ross Whitford, and Greg Hobson. Planning Officer Collette reviewed the proposed amendments. From the staff memo: This ordinance change was discussed at your May 5th meeting. There were no changes requested by Council or the Board, so the language is the same as it was at the workshop. The changes included in this amendment are: • Allowing seasonal sales to encompass other products besides unprocessed agricultural, marine or forest products, and allow outside the Waterfront Development District (these still would not be allowed in residential zones, only commercial zones) • Allowing temporary sales of food and merchandise in the Neighborhood Service District (NSD), but limit to 2 per lot • Allowing temporary sales of food and merchandise on vacant lots • In the USD, S&PS, GC&S, UID, and I&S zones, increasing the maximum gross floor area of all temporary structures on a lot from 1,000 to 2,000 square feet • Removing the requirement to provide five extra parking spaces on top of the minimum requirement for the primary use on the lot • Reducing setbacks for this use to 10 feet from property lines • Prohibiting drive -through service (this would be a new restriction, but is recommended for this type of use given that drive -through uses are typically conditional in most zones due to greater impacts on traffic) 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 6.2.2026 Land Development Code — Temporary Sales of Food and Merchandise Member Brush asked for clarification on why the same restrictions were used for this use regardless of parcel size. Planning Officer Collette stated that the total area allowed to be taken up by the vendors would still be limited to 2,000 square feet on a parcel. Member Boucher asked if these would be allowed in the parks; Collette stated they would not since these wouldn't be allowed in the Parks & Open Space zone and commercial activity is prohibited in most parks. Boucher asked if these would be allowed at a church parking lot; Collette stated that depends on the zone the church is in. Most places of worship are located in G&ISD and residential zones and this use would not be allowed in those zones. Brush also asked if a vendor would be able to park on the street; Collette stated they would not. Member Brush moved to recommend to City Council that the proposed amendments ought to pass. Member Whitford seconded the motion. All members voted 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 212 IN CITY COUNCIL MAY 27, 2026 COrd 26-178 Motion made and seconded for First Reading and Referral to Planning Board on June 2, 2026 Vote: 8—0 Councilors Voting Yes: Beck, Carson, Deane, Faloon, Fish, Leonard, Mallar, Hawes Councilors Voting No: None Passed � �„��µw�:..�� n,� „ ��rv��:�„� �. CITY CLERK IN CITY COUNCIL JUNE 8, 2026 COrd 26-178 Motion made and seconded for Passage Vote: 6 - 1 Councilors Voting Yes: Carson, Deane, Faloon, Fish, Leonard, Beck Councilors Voting No: Mallar Passed � �„��µw�:..�� n,� „ ��rv��:�„� �. CITY CLERK