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HomeMy WebLinkAbout2010-04-26 10-152 ORDINANCECOUNCIL ACTION Item No. 10 152 Date: April 26, 2010 Item/Subject: Ordinance, Amending Chapter 165, Land Development Code, of the Code of the City of Bangor, by Expanding the Number of Temporary Vendors Allowed in the Waterfront Development District Responsible Department: Parks and Recreation Parks and Recreation, at the request of members of the Business and Economic Development Committee, developed a process that allowed for up to four (4) seasonal food vendors in the Waterfront Development District. While finalizing the details of this process, it was discovered that the current Land Development Code needed to be amended to allow up to four vendors. This change will allow up to ten (10) vendors in the Waterfront Development District as determined by the process and guidelines established for seasonal concession on the Waterfront. This amendment has been reviewed by the Planning Officer, the Legal Department, and Code Enforcement. Staff is recommending approval of this amendment. Tracy Willette Department Head Manager's Comments: City Manager Associated Information: �fa�vi�Jlc �/1rlinl,WJ2�, I "ofmm Budget Approval: Finance Director Legal Approval: ZZ�2xy City Solicitor Introduced for Passage x First Reading x Referral to the Planning Board at 7pm on Tuesday, May 4 ff((S.'DF B4N O 41ED,F Assigned to Councilor - Nealley CITY OF BANGOR 10 i 5'It., April 26, 2010 1 (TITLE.) Ordinance, Amending Chapter 165, Land Development Code, of the Code of the City of Bangor, by Expanding the Number of Temporary Vendors Allowed in the Waterfront Development District WHEREAS, the City wishes to allow for increased concessions in and around the waterfront area; and WHEREAS, current City ordinances prevent more than one vendor per lot; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT, The Code of the City of Bangor be amended as follows: § 165-13. Definitions. TEMPORARY SALES OF FOOD OR MERCHANDISE -- For the purpose of this chapter, the following activities will not be considered permanent land uses and will not, therefore, be required to obtain a land development permit under Article XVI of this chapter. 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 6am and 10pm ; or (2) Itinerant commercial vendors who: (a) Remain on a site for a period of time not to exceed 90 150 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; and (c) Sell only unprocessed agricultural, marine or forest products.-, except in the Waterfront Development District, where sale of food is also allowed; and fM Operate only between the hours of 6am and 10pm. B. All such activities shall meet the requirements of Article V, § 165-31. 1.0 152 § 165-31. Temporary sales of food or merchandise. A. 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. B. 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. C. In all of the districts indicated in subsection B above except the Waterfront Development District, only Amt one itinerant commercial vendor shall be permitted per lot. In the Waterfront Development District, no more than 4 itinerant commercial vendors shall be permitted per lot. No more than 10 commercial vendors total shall be permitted in the entire Waterfront Development District. D. 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 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 back at least 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. (4) No permanent improvements shall be made to the site, including grading or filling or construction of new access drives. (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 1.0 152 doss 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. IN CITY COUNCIL April 26, 2010 First Reading & Referral to the Planning Board on 5/4/10 at 7pm i IN CITY COUNCIL Motion Made and Seconded for Passage Vote: 9-0 Councilors Voting Yes: Blanchette, Bronson, Gratwick, Hawes, Nealley, Palmer, Stone, Weston & Wheeler Councilors Voting No: None Passed CITY CLERK ORDTMCE (T1TLEJAmending Chanter 165, Land Development Code, of the Code of the City of Bangor. by Expanding the Number of Temporary Vendors allowed in the Water- front DeveL Assigned to Cour MEMORANDUM DATE: May 5, 2010 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Land Development Code — Chapter 165-13 Definitions and 165-31 Temporary Sales of Food or Merchandise — C.O. # 10-152. Please be advised that on May 4, 2010 the Planning Board held a Public Hearing on the above Land Development Code Amendment. Planning Officer David Gould explained that the amendment came about to facilitate interest in allowing temporary vendors at the waterfront. As the details were reviewed, it became clear that adjustments would have to be made in the existing guidelines. The definition and guidelines in place are essentially an exemption from site plan review that is administratively handled by the Code Enforcement Office. The changes proposed include changing the hours allowed from day light hours to typical park hours, to increase the number of days from 90 days to 150 days (the "summer season'), and the number of vendors allowed. Planning Board Members asked if the provisions were city-wide, would adversely impact established businesses, and if the guidelines would allow alcohol and mobile vendors. Planning Officer Gould noted that while the existing provisions allow for temporary vendors in numerous zoning districts City-wide, some special provisions are being added for the waterfront. Mr. Gould noted that in his opinion a temporary vendor likely offers a different product than what may be available in an existing establishment with tables, chairs, wait staff, air conditioning, etc. Assistant City Solicitor Paul Nicklas noted that serving alcohol would require a liquor license and mobile vendors would not meet the current definition. There were no members of the public in support or in opposition to the proposed amendment. The Board voted unanimously to recommend the proposed amendments to Sections 165-13 Definitions and Section 165-31 Temporary Sales of Food or Merchandise as contained in C.O. #10-152.