Loading...
HomeMy WebLinkAbout2471ORDINANCE NO. 2471 AN ORDINANCE of the City of Port Angeles amending the Retail Stand regulations as contained in Ordinance No. 2070 and the Zoning Ordinance No. 1709. WHEREAS, the necessary public hearings have been held; and WHEREAS, the requirements of Chapter 35A.63 RCW and Chapter 43.21 RCW have been met and a public hearing has been held by the City Council following public notice; and WHEREAS, the Planning Commission has recommended that the Zoning Ordinance No. 1709 be amended by adopting new standards for retail stands; and WHEREAS, there is a need to modify present regulations of the Retail Stand Ordinance to allow greater control of products, design and location of such businesses, to maintain vehicular and pedestrian safety, to enhance the attractiveness of the City's Commercial and Public Building Districts, and to further the public interest and the public health, safety and welfare; NOW, THEREFORE, THE CITY OF PORT ANGELES DOES ORDAIN: Section 1. Sections 17.87.010 to Section 17.87.090 inclusive, are hereby repealed in their entirety and Ordinance No. 2070 and Chapter 17.87 of the City Zoning Ordinance shall be amended to read as follows: Chapter 17.87 RETAIL STAND CONDITIONAL USE PERMIT 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. -1- 17.87.020 Definition. A "retail stand" is a small, moveable cart that is operated from a fixed location and is designed and sized to be readily moved under the control of one person but not under its own power. 17.87.030 Conditional Use Permit Required. No retail stand shall be permitted in the City of Port Angeles unless a conditional use permit is approved pursuant to, and in complianc= with, the provisions of this Chapter. 17.87.040 Development Standards. All proposed retail stands must be compatible with the permitted and conditional use - of the zoning district in which the retail stand is located and must be compatible with the use of sidewalks as pedestrian thoroughfares and the use of parking lots as public parking areas. In furtherance of this requirement, all retail stands shall comply with the following minimum development standards: A. The cart shall be not more than 3 feet wide by 5 feet long by 5 feet high and shall have a minimum of two functional rubber -tired wheels and positive wheel - locking devices. B. A canopy or umbrella may be included with the stand which may not exceed 40 square feet in area or a diameter of six feet. The canopy or umbrella shall be of vinyl, canvas, or similar durable material. Any part of such umbrella or canopy must have a minimum of seven feet of vertical clearance to the sidewalk and must not extend more than two feet from the edge of the cart in any direction. C. Retail stand materials shall be low maintenance and cleanable, preferably painted and of non - corrosive metal. D. Each retail stand shall be a self- contained unit, not requiring utility hook -up to exterior systems; PROVIDED, however, that self- contained electrical power generators are not permitted. E. Originality and diversity of design and the tasteful use of materials and colors shall be encouraged in order that -2- existing businesses and properties are not detracted from and the economic development of the commercial areas of the City is enhanced. As a general rule, bright cheerful colors will comply with this standard. F. Advertising signs may only be placed on the cart. Such signs must conform with City ordinance requirements for signs of the zoning district in which the retail stand is permitted. Any other signs shall not be permitted on sidewalks, parking lots or street areas; provided, however, in the CBD, Central Business District, advertising signs may be 40% of the facade or six square feet, whichever is less. G. Originality and appropriate graphics in signage shall be encouraged. H. All required licenses and permits issued by the City of Port Angeles must be displayed in a prominent, visible manner. I. Retail stand operations must have a permit from the Clallam County Health Department, when required, and must comply with all applicable Health Department requirements. J. Retail stands must be removed from sites daily between the hours of 10:00 P.M. and 6:00 A.M. No retail stand shall be left unattended at any time. K. All persons conducting a retail stand business within the City must keep the site clean and orderly at all times and pick up any refuse or debris and clean up liquid spillage deposited by any person within 25 feet of the vendor's business location. Additionally, all such persons shall provide a refuse container for litter disposal by customers or other persons, which container shall be of a design approved by the City and which must be removed each day, along with the retail stand. City litter receptacles may not be substituted for this purpose. L. Support equipment and accessories shall be self -con- tained within the retail stand when the vendor is not present. Support equipment and accessories must not be placed in front of -3- the cart and must not extend more than three feet from the edge of the cart in one direction. Support equipment and accessories shall not be placed so as to impede pedestrian or vehicular traffic. Food and non - alcoholic beverage preparation, serving, and display are prohibited in the support equipment area. M. Noise - making devices and loud shouting or yelling to attract attention are prohibited. N. All persons conducting a retail stand business shall obey any order of a police officer to temporarily move such retail stand to avoid congestion or obstruction of the surround- ing area for pedestrian and /or vehicular traffic. 0. Retail stands shall not be locked or chained to street furniture or trees. P. All retail stands shall have one 2A10BC fire extin- guisher mounted on the cart. Q. A minimum of five feet from the curb and additional space around the retail stand to maintain the pedestrian walkway as a public right -of -way shall be maintained at all times. Such width shall be measured after including the dimensions of the cart and awning attached to the cart, any support equipment or accessories placed adjacent to the cart during operations, and street furniture, street trees, lamp posts, etc. 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 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 (PBP); provided that this shall only include the Courthouse /City Hall PBP District. -4- 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 thoroughfare, the use of parking lots as public parking areas, and /or the use of an open air plaza in the CBD Zone. C. In determinating whether or not a proposed location will be permitted, the following criteria shall be considered: 1. The type and intensity of use; 2. The width of the sidewalk; 3. The proximity and location of existing street furniture, 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 consistent with the purpose of this Chapter. D. The site and retail stand together shall not create a pedestrian or vehicular traffic hazard. E. The retail stand shall be compatible with uses in the general vicinity and the adjacent properties. F. The retail stand and location shall promote the pedestrian nature of the general area in which it is located. G. 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 welfare. -5- 17.80.060 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 neighboring owners have submitted written disapprovals, the decision -maker shall give similar consideration based on distance from the site and impacts so 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 earlier application, if approved, shall be assigned the location. F. No permit shall be issued for a location within fifty feet of a location for which a permit has already been granted. G. No retail stand shall be placed within two hundred fee . of any public or private school, park, or playground, except whe 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: -6- 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. 17.87.070 Application Procedure. 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 documents: A. Certification that adjacent property owners and /or businesses, including those one entrance to the left and one 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, assessments, 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 (plot plan to scale) of the retail stand and its location. The drawing must show the public or private place to be used, including design and size of the retai stand and support equipment and accessories as placed adjacent t. the retail stand during operation. -7- D. If the area to be occupied is City- owned, such as a sidewalk, plaza, public access site, or parking lot, the permitee 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. 17.87.080 Routing and Staff Recommendations. Upon receipt of an application satisfying the requirements of this Chapter, the Planning Department shall route it to all appropriate departments and provide written notification of application to the applicant, abutting business and abutting property owner. Each City department shall submit to the Planning Department recommendations and comments regarding the application. After consultation and coordination with all other applicable City departments, the Planning Director shall attach such conditions as may be deemed necessary to ensure land use compatibility, public safety, and compliance with all standards and requirements of this Chapter. 17.87.090 Planning Director's Decision. The Planning Director's approval, denial, or approval with modifications or conditions shall be in written form, with findings based upon compliance with all sections of this Chapter and shall be provided to the applicant, the adjacent business, and the adjacent property owner. 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. B. Each permit shall be for a period not to exceed eight months unless otherwise stated by the City and may be renewed by a new, complete application. 17.87.110 Permit Revocation. The Planning Director may immediately revoke or suspend the permit, or deny either the -8- 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; or D. The applicant or permittee does not have a currently effective insurance policy in the minimum amount provided in this Chapter. 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. 17.87.120 Penalties. Any person violating any provision of this Chapter shall be guilty of a misdemeanor and shall be punished by a fine not to exceed Five Hundred ($500) Dollars. Each day that a violation continues shall constitute a separate offense. 17.87.130 Appeals. A. Any person aggrieved by the decision of the Planning Director under Section 17.87.090 or .110 may appeal the decision. B. Appeals shall be submitted to the Planning Department in writing within fifteen (15) days following the date of mailin• the decision to the applicant. -9- C. The retail stand shall be removed and shall not be operated during the appeal process. D. The Planning Commission shall hear the appeal at its next possible public meeting and thereupon make a recommendation to the City Council to uphold, reverse, or modify the decision, based upon the compliance of the retail stand with the require- ments of this Chapter. Such recommendation shall include written findings of fact. E. The City Council, at its next possible public meeting following receipt of the Planning Commission's recommendations, may adopt, reverse, or modify the Planning Commission's recom- mendations and shall set forth written findings of fact. F. Any further appeal shall be to the Clallam County Superior Court. 17.87.140 Effective Date and Holdover Provisions. These rules and provisions shall take effect January 1, 1988. Vending units with valid permits as of that date may be granted renewals of those permits without regard to size and mobility of the units if the permittee, the location, and the cart or unit are the same as were permitted May 25, 1987. Section 2 - Severability. If any provisions of this Ordinance, or its application to any person or circumstance, is held invalid, the remainder of the Ordinance, or application of the provisions of the Ordinance to other persons or circum- stances, is not affected. Section 3 - Effective Date. This Ordinance shall take effect as set forth in Section 17.87.140. -10- PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 15th day December, 1987. M A Y O Ciii/A&O R ATTEST: S0h1 g. n p Sherri L. Anderson City Clerk APPROVED AS TO FORM: *%i Craig D_Xnutson, City Attorney PUBLISHED: CAE -G /C2