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HomeMy WebLinkAbout2596ORDINANCE NO. 2596 AN ORDINANCE of the City of Port Angeles amending the Retail Stand Chapter of the Zoning Code, Ordinance No. 2070 as amended by Ordinance Nos. 2471 and 2536. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES ORDAIN as follows: Section 1. Section 17.87.010 of Ordinance No. 2070, as amended by Section 1, Ordinance No. 2471, are each amended to read as follows: 17.87.010 PURPOSE. The purpose of this Chapter is to ensure that retail stands are appropriately located in the commercial and public building areas, are compatible with the uses allowed in such areas, and are conducive to the public health, safety, and welfare, and to promote the diversity of retail stand activity. Section 2. Section 17.87.050 of Ordinance No. 2070, as amended by Section 1 of Ordinance No. 2471, are each amended to read as follows: 17.87.050 GENERAL LOCATION STANDARDS. A. Retail stands may only be located in the following zones: 1. Arterial Commercial District (ACD); 2. Central Business District (CBD); 3. Office Commercial District (OC); 4. Neighborhood Shopping District (CSD -N); 5. Community Shopping District (CSD -C); 6. Public Buildings and Parks District (PEP); providcd PBP District. B. The retail stand location shall be compatible with the pedestrian and the vehicular nature of the zone, the public interest, the use of the right -of -way as a public thorough- -1- fare, the use of parking lots as public parking areas, and /or the use of an open air plaza in the CBD Zone. C. In determining whether or not a proposed location will be permitted, the following criteria shall be considered: 1. The type and intensity of the proposed use and the type and intensity of existing uses; 2. The width of the sidewalk; 3. The proximity and location of existing street furni- ture, including but not limited to sign posts, lamp posts, bus shelters, benches, phone booths, trees, news stands, as well as the presence of bus stops and truck loading zones; 4. Established and emerging pedestrian and vehicular traffic patterns; 5. The number of available retail stand sites in the given area of the City and the number of existing retail stands in such area; 6. Other factors deemed relevant by the City and consis- tent with the purpose of this Chapter. D. The retail stand and location shall promote the diversity of retail stand activity. DE. The site and retail stand together shall not create a pedestrian or vehicular traffic hazard. EF. The retail stand shall be compatible with uses in the general vicinity and the adjacent properties. ¥G. The retail stand and location shall promote the pedestrian nature of the general area in which it is located. GH. The retail stand location shall be compatible with the public interest in the use of the sidewalk as a public right -of -way and the use of a public or private parking lot for the primary intended use for vehicular parking and access and shall not endanger the public health, safety and -2- welfare. Section 3. Section 17.87.060 of Ordinance No. 2070, as amended by Section 1 of Ordinance No. 2471, are each amended to read as follows: 17.87.060 SPECIFIC LOCATION STANDARDS. A. No retail stand shall be placed directly abutting a business which specializes in an item that the retail stand offers for sale, unless the applicant owns the establishment or has written consent from the proprietor of the establishment; e.g., a retail stand selling flowers may not be located directly adjacent to an established floral shop. If neigh- boring owners have submitted written disapprovals, the decision -maker shall give similar consideration based on distance from the site and impacts to such neighboring owners. B. When the abutting owner or tenant has submitted to the Planning Department written disapproval of the retail stand site, the decision -maker shall give due consideration to the impact that the retail stand would have on the abutting property owner's business and duty to maintain the sidewalk area. C. Each retail stand shall be placed so it does not obstruct or impede pedestrian or vehicular traffic. D. No retail stand shall be located within ten feet of the intersection of the adjacent sidewalk with any other sidewalk. E. Each retail stand shall be limited to one assigned location. In the event that two or more applications for the same location are received, the earliest general locational standards of this Chapter shall be used to determine which application, if approved, shall be assigned the location. F. One or two permits may be issued for a location, and Nno -3- permit shall be issued for a location within fifty feet of a location for which two permits hap are already approved bccn grantcd. G. No retail stand shall be placed within two hundred feet of any public or private school, park, or playground, except when the entity having jurisdiction, and control of such facility states in writing that it has no objection to the placement of such retail stand within two hundred feet. H. Any retail stand located in a parking lot shall comply with the following minimum standards: 1. The retail stand shall not block entrances and exits to the parking lot or fire exit doors of any buildings. 2. The retail stand shall only occur in parking lots containing more than 20 spaces. 3. No retail stand shall occur in parking spaces directly in front of entrances or windows of a building. 4. The retail stand shall comply with all other applicable City ordinances and State statutes. I. No retail stand shall be located within eight feet of an abutting property or within ten feet from any building entrances. Section 4. Section 17.87.070 of Ordinance No. 2070, as amended by Section 1 of Ordinance No. 2471, are each amended to read as follows: 17.87.070 APPLICATION PROCEDURE. Applications for new Retail Stand Conditional Use Permits shall be considered starting in February of each year. The application for a Retail Stand Conditional Use Permit shall be submitted on a form obtained from the Planning Department and accompanied by the following docu- ments: A. Certification that adjacent property owners and /or businesses, including those one entrance to the left and one -4- entrance to the right, both at street level, have been notified by the applicant of the application request and that the applicant has paid all applicable dues, assess- ments, and taxes. B. Detailed scale drawings of the retail stand to be used including materials, specifications, and drawings showing all four sides of the stand, including any logos, printing, or signs which will be incorporated. An example of the type of drawings required may be obtained from the Planning Department. Color schemes must be indicated on the drawings. For existing retail stands, five by seven color photographs may be substituted for drawings. C. An accurate drawing (plat plan to scale) of the retail stand and its location. The drawing must show the public or private place to be used, including retail stand and support equipment adjacent to the retail stand during design and size of the accessories operation. as placed D. If the area to be occupied is City- owned, such as a side- walk, plaza, public access site, or parking lot, the permittee must obtain and retain a minimum of $500,000 public liability and property damage insurance coverage, naming the City as co- insured, and must sign an agreement to indemnify and hold the City harmless. E. The scheduled hours of operation for the season that includes times of day, days of the week, months of the year, and scheduled closings. Section 5. Section 17.87.100 of Ordinance No. 2471 is hereby amended to read as follows: 17.87.100 PERMIT LIMITATIONS. A. A Retail Stand Conditional Use Permit may not be transferred to another person or to a location other than that stated on the permit. -5- B. Each permit shall be for a period not to exceed eight months unless otherwise stated by the City and may be renewed by extension of an approved CUP. Preference may be coven to a renewal extension request before a new application for that retail stand location shall be considered a ncw, complctc application. Section 7. Section 17.87.100 of Ordinance No. 2471 is hereby amended to read as follows: 17.87.110 Permit Revocation. The Planning Director may immediately revoke or suspend the permit, or deny either the issuance or renewal thereof, if he finds that: A. The applicant or permittee has violated or failed to meet any of the provisions of this Chapter or conditions of the permit; B. The cart or operation is detrimental to the surrounding businesses or to the public due to either appearance or condition of the cart; C. Any required licenses have been suspended, revoked, or cancelled; e± D. The applicant or permittee does not have a currently effective insurance policy in the minimum amount provided in this Chapter; or- E. The scheduled hours of operation are not followed. Upon denial, suspension or revocation, the Planning Director shall notify the applicant or permittee in writing of the action he has taken and the reasons therefor. After giving such notice by certified mail, if the retail stand has not been removed within 15 days, the Planning Director, or his designee, may cause a removal of any retail stand found in violation of this Chapter, and is authorized to store such cart or stand until the owner thereof shall redeem it by paying the removal and storage charges. -6- Section 7. This Ordinance shall take effect five days after date of publication. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 19th day of June , 1990. ATTEST: J ichel.le M. Ma "ke, ity Clerk APPROVED AS TO FORM: aA wt Dennis Dickson, Acting City Attorney PUBLISHED: 6/22/90 (by summary) PLAN.317 -7- M A Y O R SUMMARY OF ORDINANCE ADOPTED BY THE PORT ANGELES CITY COUNCIL AT THE REGULAR MEETING OF JUNE 19, 1990 ORDINANCE NO. 2596 An Ordinance of the City of Port Angeles amending the Retail Stand Chapter of the Zoning Code, Ordinance No. 2070 as amended by Ordinance Nos. 2471 and 2536. Ordinance No. 2596 provides for the promotion and diversity of retail stand activity, sets forth specific location standards, application procedures, scheduled hours of operation, and gives preference to renewal extension requests before a new application for a retail stand location shall be considered. This ordinance shall take effect 5 days after publication. The full text of said ordinance shall be mailed upon request. Michelle M. Maike City Clerk Publish: June 22, 1990 cc.sum