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HomeMy WebLinkAbout2016-05-09 16-185 ORDERCOUNCIL ACTION Item No. 16-185 Date: May 9, 2016 Item/Subject: ORDINANCE, Amending Chapter 165, Land Development Code, of the Code of the City of Bangor, By Amending Restrictions on Temporary Sales of Food or Merchandise Responsible Department: Parks and Recreation Commentary: This ordinance amendment would allow for up to five seasonal concessions on the Waterfront. It would also make certain changes to bring our commercial vendor ordinance into line with current practice, including allowing concessions on the Waterfront to remain open until midnight. Our current policy allows for a fifteen foot by thirty foot space for each vendor. The current location along Front Street could accommodate two additional spaces with these dimensions. The proposed ordinance change would therefore allow up to five seasonal concessions on the Waterfront per season. The ordinance would also make several changes to bring the Code in line with current practice. Waterfront vendors would be allowed to remain open until midnight instead of 10 p.m., as many Waterfront events continue past 10 p.m. The ordinance would make minor amendments to location requirements for Waterfront vendors and their signs. Finally, the ordinance would clarify that the ordinance requirements do not apply to vendors permitted through the City's event permit policy, as that policy provides a separate regulatory process. This item was recommended for approval at the Government Operations Committee meeting on May 2, 2016. As this is a Land Development Code matter, it must be referred to the Planning Board Department Head Manager's Comments: City Manager Associated Information: Ordinance Budget Approval: Finance Director Legal Approval: City Introduced for Passage x First Reading x Referral to Planning Board 16-185 May 9, 2016 cs Assign to Councilor Plourde CITY OF BANGOR �a ti �ti ORDINANCE, Amending Chapter 165, Land Development Code, of the Code of the City of Bangor, By Amending Restrictions on Temporary Sales of Food or Merchandise WHEREAS, the City has allowed seasonal concessions on the Waterfront since 2010; WHEREAS, these concessions have proven popular as a food option; WHEREAS, the City is now receiving requests from additional vendors to locate at the Waterfront; WHEREAS, the City wishes to balance the interest of having these vendors on the Waterfront with maintaining the general popularity of the Waterfront area as an open space; and WHEREAS, vendors permitted through the City's event permit policy are subject to a separate set of rules and regulations; BE IT ORDAINED BY THE CITY COUNCIL OF THE CIN OF BANGOR AS FOLLOWS, THAT Chapter 165 of the Code of the City of Bangor be amended as follows: § 165-31. Temporary sales of food or 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; (c) Sell only unprocessed agricultural, marine or forest products, except in the Waterfront Development District, where sale of food is also allowed; and (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 opgratg until midnight. B. Temporary sales of food or merchandise shall be required to obtain a certificate of occupancy but shall be considered a temporary use of land for which a land development permit is not required. IN CITY COUNCIL MAY 9, 2016 FIRST READING AND REFERRAL TO THE PLANNING BOARD ON MAY 17, 2016 CITY CLERI IN CITY COUNCIL MAY 23, 2016 MOTION MADE AND SECONDED FOR PASSAGE VOTE: 9-0 COUNCILORS VOTING YES: BALDACCI, DURGIN, GRAHAM, NEALLEY, NICHOLS, PERRY, PLOURDE, SPRAGUE, FAIRCLOTH COUNCILORS VOTING NO: NONE PASSED CITY CLERIK 16-185 May 9, 2016 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 and Industry and Service District. D. 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 Service District, Urban Service District and Urban Industry District, no more than four itinerant commercial vendors may be permitted per lot. Each vendor must provide access to five parking spaces in excess of those required by any other use or uses on that lot. (3) In the Waterfront Development District, no more than €ear five itinerant commercial vendors may be permitted per lot. No more than 10 commercial vendors total shall be permitted in the entire Waterfront Development District. E. Temporary sales of food or merchandise shall meet the following conditions: (1) Itinerant commercial vendors shall have written permission of the property owner. Written permission of the property owner must be submitted to the Code Enforcement Office before a certificate of occupancy can be issued. (2) Itinerant commercial vendors shall set back any vehicle, stands or other items related to the temporary sale of food or merchandise at least 20 feet, or,�ln the Waterfront Development District] 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. (3) Notwithstanding the regulations contained in Chapter 260, Signs, itinerant commercial vendors are permitted to have two freestanding A -frame signs meeting the design criteria set forth in Chapter 260, § 260-913. Each location is also permitted two additional signs, provided that they are attached to a structure or vehicle. Signs may be leaned against a vehicle. (a) The area of all signs may not exceed 80 square feet. (b) No signs may be attached to or leaned against any telephone poles or other natural features, such as rocks or trees. (c) Signs shall be set baek at least 10 feet ftern the pFopeKy line or the edge el' the sidewalk or, if no sidewalk-, fmm the edge of the payement of the tmyeled way adjeining pFep". 5:tgns must meet the location requirements of 260-9(C) of this Code For puag ses of meeting said lobation reguirements "building" refers to the location of the vendor. (4) No permanent improvements shall be made to the site, including grading or filling or construction of new access drives. 16-185 May 9, 2016 (5) No structure shall be permanently affixed or attached to the ground, existing structures, poles or trees or placed on a permanent foundation. Tents, movable picnic tables, chairs or benches and similar objects shall not be considered permanent structures under this section. (6) Existing vehicular access and off-street parking must be deemed adequate by the Code Enforcement Officer. The Code Enforcement Officer must find that such access and parking does not create congestion, hazardous conditions or limited visibility on the adjacent highway system. (7) The gross floor area of all temporary structures shall not exceed 1,000 square feet. (8) 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. F. Notwithstanding the above. the requirements of the rest of this Section 165-31 do not apply to itinerant commercial vendors authorized as part of an event permitted through the City of Bangor event permit policy. Additions are underlined, deletions stmek threagh.