[Adopted 6-11-1990 as Ord. No. 447]
The purpose of this article is to ensure that
retail stands are appropriately located in the commercial and public
building areas, are compatible with uses allowed in such areas and
are conducive to the public health, safety and welfare.
As used in this article, the following terms
shall have the meanings indicated:
A small, movable cart that is operated from a fixed location
and is designed and sized to be readily moved under the control of
one (1) person but not under its own powers.
No retail stand shall be permitted in the City
of Pottsville unless a conditional use permit is approved pursuant
to and in compliance with the provisions of this article.
All proposed retail stands must be compatible
with the permitted and conditional uses 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 three (3) feet wide
by five (5) feet long by five (5) feet high and shall have a minimum
of two (2) functional rubber-tired wheels and positive wheel-locking
devices.
B.
A canopy or umbrella may be included with the stand
which may not exceed forty (40) square feet in area or a diameter
of six (6) feet. The canopy or umbrella shall be of vinyl, canvas
or similar durable material. Any part of such umbrellas or canopy
must have a minimum of seven (7) feet of vertical clearance to the
sidewalk and must not extend more than two (2) feet from the edge
of the cart in any direction.
C.
Retail stand materials shall be low maintenance and
cleanable, preferably painted and of noncorrosive metal.
D.
Each retail stand shall be a self-contained unit,
not requiring utility hookup 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 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.[1] Any other signs shall not be permitted on sidewalks, parking
lots or street areas.
G.
Originality and appropriate graphics in signage shall
be encouraged.
H.
All required licenses and permits issued by the City
of Pottsville must be displayed in a prominent, visible manner.
I.
Retail stand operations must have a permit from the
Pottsville 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 twenty-five (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.
L.
Support equipment and accessories shall be self-contained
within the retail stand when the vendor is not present. Support equipment
and accessories must not be placed in front of the cart and must not
extend more than three (3) feet from the edge of the cart in one (1)
direction. Support equipment and accessories shall not be placed so
as to impede pedestrian or vehicular traffic. Food and nonalcoholic
beverage preparation, serving and display are prohibited in the support
equipment area.
M.
Noisemaking 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 surrounding area for
pedestrian and/or vehicular traffic.
O.
Retail stands shall not be locked or chained to street
furniture or trees.
P.
All retail stands shall have one (1) fire extinguisher
mounted on the cart.
Q.
A minimum of five (5) 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 time. 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.
A.
Retail stands may only be located in the Central Business
District.
B.
The retail stand locations 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 Central Business District.
C.
In determining 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, lampposts, bus shelters,
benches, phone booths, trees and newsstands, 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 article.
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 locations 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.
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 decisionmaker 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 decisionmaker 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 (10) feet
of the intersection of the adjacent sidewalk with any other sidewalk.
E.
Each retail stand shall be limited to one (1) assigned
location. In the event that two (2) 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
(50) feet of a location for which a permit has already been granted.
G.
No retail stand shall be placed within two hundred
(200) 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 (200) feet.
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 (1) entrance to the left and one (1)
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 (4) sides of the stand, including any logos, printing or signs
which will be incorporated. 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 retail stand and
support equipment and accessories as placed adjacent to the retail
stand during operation.
D.
If the area to be occupied is City-owned, such as
a sidewalk, plaza, public access site, or parking lot, the permittee
must obtain and retain a minimum of five hundred thousand dollars
($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.
Upon receipt of an application satisfying the
requirements of this article, 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 Director
of Community Development 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 article.
The 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 article, and shall
be provided to the applicant, the adjacent business and the adjacent
property owner.
A.
The Director may immediately revoke or suspend the
permit or deny either the issuance or renewal thereof if he finds
that:
(1)
The applicant or permittee has violated or failed
to meet any of the provisions of this article or conditions of the
permit;
(2)
The cart or operation is detrimental to the surrounding
businesses or to the public due to either appearance or condition
of the cart;
(3)
Any required licenses have been suspended, revoked
or canceled; or
(4)
The applicant or permittee does not have a currently
effective insurance policy in the minimum amount provided in this
article.
B.
Upon denial, suspension or revocation, the 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 fifteen
(15) days, the Director or his designee may cause a removal of any
retail stand found in violation of this article and is authorized
to store such cart or stand until the owner thereof shall redeem it
by paying the removal and storage charges.
[Amended 12-12-1994 by Ord. No. 526]
Any person violating any provisions of this
article shall be shall be punished by a fine not to exceed six hundred
dollars ($600.), plus costs of prosecution, and, in default of payment
of said fine or costs, shall be subject to imprisonment for a term
not exceeding ninety (90) days. Each day that a violation continues
shall constitute a separate offense.
A.
Any person aggrieved by the decision of the Director
may appeal the decision.
B.
Appeals shall be submitted to the City Council, in
writing, within fifteen (15) days following the date of mailing the
decision to the applicant.
C.
The retail stand shall be removed and shall not be
operated during the appeal process.
D.
The City Council shall hear the appeal at its next
possible meeting and shall vote to uphold, reverse or modify the decision,
based upon the compliance of the retail stand with the requirements
of this article. Such recommendation shall include written findings
of fact.
