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HomeMy WebLinkAboutRes1995-023 Sponsored by Staff CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION NO. 2S:ll A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION, RECOMMENDING A PROPOSED ORDINANCE AMENDING SCC CHAPTER 8.10 PEDDLERS AND SOLICITORS AND CHAPTER 15.10, SEWARD ZONING CODE, AND A PROPOSED POLICY RESOLUTION, REGARDING TRAN- SIENT MERCHANTS, TO THE CITY COUNCIL FOR ADOPTION WHEREAS, over the past year and a half the Commission has discussed establishing development requirements for transient merchants operating within the City of Seward to protect the public health, safety and welfare of the community; and WHEREAS, if development standards are adopted, requiring all transient merchants to obtain a Conditional Use Permit will no longer be necessary; and WHEREAS, Title 8 of the City Code allows only the City Council to approve or deny requests to conduct business on City property; and WHEREAS, this is a time-consuming process and provides no direction for the administration in reviewing and preparing recommendations for such requests; and WHEREAS, authorizing the City Clerk to permit transient merchants on city property in accordance with a policy approved by the City Council would provide for the efficient administration of such requests; and WHEREAS, there is a need to revise Title 8 and 15 of the City Code to address these concerns and to adopt a policy resolution for permitting transient merchants on City property. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The attached proposed ordinance, incorporated herein by reference, IS recommended to the Seward City Council for adoption. Section 2. The attached proposed resolution, incorporated herein by reference, IS recommended to the Seward City Council for approval. Section 3. This resolution shall take effect immediately upon its adoption. Sponsored by: Plannin~ & Zonin~ Commission CITY OF SEWARD, ALASKA ORDINANCE NO. 96-_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING SEWARD CITY CODE CHAPTER 8.10, PEDDLERS AND SOLICITORS AND CHAPTER 15.10, SEWARD ZONING CODE RELATING TO TRANSIENT MERCHANTS WHEREAS, as recommended by the Seward 2010 Comprehensive Plan, the Zoning Code was amended in 1994 to require that transient merchants obtain a Conditional Use Permit from the Planning and Zoning Commission prior to operation within the City of Seward; and WHEREAS, the administration and the Planning and Zoning Commission have concluded that the City business license provides sufficient means for ensuring compliance with all applicable federal, state and local laws thus eliminating the need for transient merchants to obtain Conditional Use Permits; and WHEREAS, it is in the public interest to establish development standards and operating criteria for transient merchants operating within the City of Seward to protect the public health, safety and welfare of the community; and WHEREAS, each year the City receives numerous requests from individuals interested in vending on public lands; and WHEREAS, Title 8 of the City Code only allows the solicitation of sales on public property through City Council resolution which is a time-consuming process and provides no direction for the administration in reviewing and preparing recommendations for such requests; and WHEREAS, there is a need to revise Title 8 and 15 of the City Code to address these concerns; and WHEREAS, the Planning and Zoning Commission has approved Resolution No. 95-23, recommending the code amendments included in this ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA HEREBY ORDAINS that: Section 1. The following sections of Title 8 of the Seward City Code are hereby amended to read as follows: CITY OF SEWARD, ALASKA ORDINANCE NO. 96-_ see ~ 8.10.010 Exemptions from chapter: intent of chapter. A. The provisions of this chapter shall not apply to incidental activities of less than two weeks duration sponsored by charitable, religious, civic or educational organizations, or other nonprofit organizations. B. It is the intent of this chapter not to discriminate between residents of this city or of the state and nonresidents thereof, and it is expressly provided that this chapter shall apply without discrimination to all persons, residents of the city or state or nonresidents thereof. see ~ 8.10.015 Solicitation of sales or funds on city property. A. Except for special events which require City Council approval, the solicitation of funds or sales on property owned or controlled by the city is prohibited unless specifically authorized by the City Clerk. A special event is defmed as an event sponsored by an individual, organization, club, group, partnership, or corporation in which the public is invited to attend and which requires the use of public streets or other public property as a staging area for promotion of the event. B. The City Council shall establish through resolution a policy for the City Clerk to permit transient merchants as defined in SCC 15.10.140 on property owned or controlled by the city. Section 2. The following sections of Title 15 of the Seward City Code are hereby amended to read as follows: see 15.10.140 B. Specific definitions ~'endillf. 11l(jbile tmit. AllY type of vdticle (j/ ,~agoll ,~hiclf is tksignM ffl be I eadil) 1Il(j vable and fmlll ,~lticlt alt) j0(Jd (j/ be vO age is pre pal ed fm immediate C(Jnstimpti{Jn tt1td s{Jid {Jr r:Jjfel ed 1m sale ffl the pitblic at any l{Jcati(jfl, ,~,'utltel Oil pi i vate {J/ pitblic property. TemDorary Structure. A structure without any foundation or footings and that is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased. Trailer. A structure standing on wheels, towed or hauled by another vehicle, and used for carrying materials, goods, or objects or as a temporary office or business. Transient merchant. Any person, partnership, firm or corporation, whether a resident of the city or not, who engages in a temporary business of selling and delivering goods -2- CITY OF SEWARD, ALASKA ORDINANCE NO. 96-_ and/or services, wares and merchandise for profit or non-profit within the city by operating on a door-to-door, street corner or similar basis; or from no fixed location or office, or from a location out-of-doors or in quarters that are easily moveable, such as a temporary leased area or space, motor vehicle, trailer or tent. Includes peddler, solicitors, itinerant merchants and vendors. Does not include vehicles for hire. Right-of-way. An area or strip of public land which incorporates or is intended to be occupied by, but not limited to, streets, alleys, sidewalks, bike paths, curbs, gutters, landscaping and public utilities. Vehicle. motor. A self-propelled device used for transportation of people or goods over land surfaces and licensed as a motor vehicle. SCC 15.10.215 Parking B. For each principal use, there shall be no less than the number of off-street parking spaces specified under this section: Land Use Minimum Number of Parking Spaces Req.uired 5. Commercial h. Transient merchant 1 space for each employee on the largest working shift, or one for each 4 seats, whichever is greater. SCC 15.10.225 Land Uses Allowed. C. Transient merchants as defined in ~ 15.10.140 B. of this chapter which are allowed in accordance with Table ~ 15.10.225 are subject to the following conditions (development requirements). 1. For purposes of this chapter such use shall not exceed 150 calendar days annually. 2. Transient merchants shall provide for the concealed storage of all inventory, supplies, equipment, and other materials brought to the site in connection with the business conducted there. 3. Vehicles and trailers which are used for transient merchant purposes shall ensure that the operation meets the required setbacks as provided by ~ 15.10.220, but in no case be less than five (5) feet from any property line, permanent structure, or other transient merchant. -3- CITY OF SEWARD, ALASKA ORDINANCE NO. 96-_ 4. Prior to operation, vehicles and trailers utilized for transient merchant purposes shall have blocked tires and be fully skirted to match the temporary structure. 5. Any additions, including but not limited to porches, platforms, and decks, shall be sided or painted to match the temporary structure prior to operation. 6. Every transient merchant shall provide sufficient trash receptacles on site and ensure that all garbage collected on the site is properly disposed of 7. The use of generators is prohibited. 8. No transient merchant shall conduct business on property owned or operated by the City except in accordance with SCC ~ 8.10.015. 9. Transient merchants shall conform to all federal, state and local laws. SCC Table 15.10.225 Land Uses Allowed. Use Zoning District Transient Merchant AC, HC, CB, I - permitted outright Section 3. This ordinance shall take effect ten (10) days following its enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 22 day of January, 1996. THE CITY OF SEWARD, ALASKA Louis Bencardino Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED AS TO FORM: Wohlforth, Argetsinger, Johnson & Brecht, Attorneys for the city of Seward, Alaska -4- Sponsored by: Garzini CITY OF SEWARD, ALASKA RESOLUTION NO. 96-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ESTABLISHING FEES AND POLICY FOR PERMITTING TRANSIENT MERCHANTS ON CITY PROPERTY WHEREAS, the solicitation of sales or funds on City property originally required approval from the Chief of Police and Resolution No. 83-18, established fees for permits issued by the Chief of Police; and WHEREAS, Ordinance 96- , authorized the City Clerk to permit the solicitation of sales or funds on public property through a policy set by City Council resolution; and WHEREAS, it is the intent of this resolution to set a policy for the City Clerk regarding requests to conduct business on property owned or controlled by the City in order to ensure that pedestrians and vehicles can safely access and travel the City rights-of-way and public parking lots; and WHEREAS, it is further intended to exempt incidental fund-raising activities of charitable, religious, civic, educational or other nonprofit organizations from the permitting process provided that such activity does not exceed two weeks duration; and WHEREAS, it is necessary to re-establish fees for the temporary use of City property for the solicitation of sales or funds by transient merchants; and WHEREAS, the Planning and Zoning Commission has approved Resolution No. 95-23, recommending the attached proposed policy resolution to the City Council for adoption.. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. Resolution No. 83-18, is hereby rescinded. Section 2. In accordance with Ordinance No. 96- , the following policies and procedures shall be established for the City Clerk to permit transient merchants on property owned or controlled by the city. CITY OF SEWARD, ALASKA RESOLUTION NO. ~ A. Permit Required. 1. An application for a transient merchant to conduct business on public property shall be made to the City Clerk on a form approved by the clerk and shall be accompanied by the following: a. the application fee; b. proof of insurance; c. a complete description of the equipment to be used for display, storage, or other purposes related to the proposed business including all distinctive markings and signs; d. proof that the applicant has obtained the following licenses: 1) State of Alaska business license 2) City of Seward business license 3) health permits required for the preparation and sale of food or beverages 4) any additional licenses required by local, state or federal law; and e. a complete description of the type( s) of goods and services that shall be offered under the license. 2. Upon receipt of an application by a transient merchant, the City Clerk shall refer the application to the Chief of Police, Public Works Superintendent, Community Development Director and other City personnel as appropriate for review. 3. Applications will be approved and sites assigned on a first come, first served basis. 4. No transient merchant business shall be granted a permit for more than one location on public property. B. Available City Property. Interested transient merchant operations may apply for location at one of the following sites: 1. vacant parcels owned by the City of Seward which are not designated for a specific use and are located within a zoning district which allows for the proposed transient merchant use. 2. one of the two designated sites within the Small Boat Harbor Public Plaza. Such sites shall be no larger than 100 square feet and subject to approval by the Harbormaster. 3. public sidewalks which are wide enough to allow for no less than an eight foot wide strip of unobstructed sidewalk for pedestrian use. 4. public streets, alleys, or rights-of-way where such operation will not interfere with the normal flow of traffic, cause a safety hazard to pedestrians, or where the stopping or standing of the mobile vendor would violate State or local traffic regulations, or any other regulations required by Title 13 of the Alaska Administrative Code, entitled "Public Safety." C. Development Requirements. In addition to the transient merchant development requirements set forth in the Seward Zoning Code, transient merchants permitted by the City Clerk to operate on public property shall conform to the following requirements: CITY OF SEWARD, ALASKA RESOLUTION NO. ~ 1. A site must be at least 20 feet away from a Fire Department or Police Department driveway. 2. A site must be completely outside the sidewalk area adjacent to any part of a posted bus stop. 3. A site must be at least five feet away from a crosswalk, fire hydrant, fire escape or the curb edge of a sidewalk. 4. A site must not be adjacent to a sidewalk curb which has been painted or designated to be painted red, yellow, or blue. 5. Except for special events approved by the City Council, transient merchants shall not be allowed to operate within publicly owned or operated parking lots or within land designated as Park on the official City of Seward Zoning Maps. 6. Each designation of a transient merchant site in an area that is used for a special event shall be rescinded for the period of time during which that special event is authorized. 7. No tarps or visqueene shall be allowed. 8. Only commercially manufactured carts, designed for the specific use, shall be allowed on public sidewalks. 9. Individual transient merchant sites located on public sidewalks shall be no larger than 10 feet wide by 10 feet long. 10. The use shall conform to all applicable federal, state and local laws and requirements. 11. At the end of the permit period, the assigned vendor site will be cleared of all vendor activity, equipment, and materials and the site returned to its pre-permit condition. D. Insurance Required. 1. Before any permit is issued for a transient merchant to operate on public property, the applicant shall furnish one or more policies or certificates of liability insurance issued by an insurance company authorized to do business in the State of Alaska and reflecting at least one million dollars ($1,000,000) of general liability insurance, property insurance, and auto insurance and workers compensation as required by state law if applicable. 2. Every policy of insurance offered shall be acceptable only if it is approved by the municipal risk manager. E. Fees. Upon approval and payment of the appropriate fee the City Clerk shall issue a permit to the applicant. The following fee schedule has been established to cover the administrative time associated with processing an application, the impact on public services generated from the use and the actual use of the property. Term of Permit 0-30 calendar days 31-60 calendar days 61-90 calendar days ~ $100.00 $200.00 $300.00 CITY OF SEWARD, ALASKA RESOLUTION NO. ~ 91-120 calendar days 121-150 calendar days $400.00 $500.00 Section 6. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 22 day of January, 1996. THE CITY OF SEWARD, ALASKA Louis Bencardino, Mayor Seward Planning and Zoning Commission Resolution No. 95-23 AYES: NOES: ABSENT: ABSTAIN: ATTEST: Bardarson, Kincheloe, Skibeness Niebrugge Carpenter, Castellina, Clark None 'Qit~6cta1).. ,,{~~^~,: . \;: '. ',;',J ~~~~, /,,/ C:~" 1.. ..: ~ ~ - ~ . Ii.~ ""~ I" @:.c~ ;: '" " - ~~ ~ I' __ \~:~ , :: ..~~ ( ;"":; ."' <l ~~... <'t~'.it "../." "',,,,'i/Ji' -141. Ii ~i ~it.'~-;-'" THE CITY OF SEWARD, ALASKA &1<~ ~~ Blaine Bardarson, Chairman