This chapter is known as the "Sidewalk Sales Ordinance."
Terms, phrases and words in this chapter have the meaning given
herein or, if not defined, are given their ordinary accepted meaning:
SIDEWALK SALE or SIDEWALK SALES EVENT
Temporary outdoor retail or food sales for commercial purposes
of merchandise normally and legally sold on the premises where the
outdoor sales are located. The displaying of the merchandise need
not be limited to sidewalk locations but must preserve safe pedestrian,
vehicular and emergency vehicle routes.
The regulations of this chapter do not apply to garage sales,
outdoor sales that have been reviewed and approved by the Planning
Board, temporary fund-raising events for nonprofit causes, Town-sponsored
events, or other uses legally established under Title 16, Land Use
and Development Code. In addition, this chapter does not apply to
sidewalk sales events that have legally existed on a verifiable regular
basis as of the date the ordinance codified in this chapter becomes
effective.
Except for exempted uses listed in §
5.7.4, no person, business, corporation, partnership or other legal entity may conduct sidewalk sales within the Town unless:
A. The sidewalk sales activities are conducted on days of the year approved
by the Town Council; and
B. Sidewalk sales activities on each property are conducted in conformance with a Town-approved sidewalk sales site plan kept on file that includes all information required by §
5.7.9 and satisfies the review criteria in §
5.7.10 to ensure that health, safety and nuisance aspects of the sidewalk sale have been satisfied.
Submission of a completed Town-wide sidewalk sales event application,
indicating the following, is required:
A. Dates of the year requested for up to a total of five sidewalk sales
events per calendar year, of which no single sidewalk sale event may
exceed four consecutive days;
B. Proof of broad business community sponsorship for the event as evidenced
by signatures of five landlords of tenants engaged in retail trade
or merchants primarily engaged in retail trade;
C. Means and timeline of adequately informing the Kittery business community
of the opportunity to participate in a Town-wide sidewalk sales event;
and
D. Identification of a single contact person coordinating the event,
including that person's telephone number and mailing address.
The site plan submitted for approval must include all of the
following information:
A. Title of sidewalk sales site plan, including name and address of
applicant, the person responsible for preparing such drawing, and
the signature of the owner or authorized representative of the property;
B. Approximate North arrow, scale, Assessor's map and lot number in
the lower right-hand corner of the plan, and date that plan was prepared;
C. General layout of buildings, parking area, circulation lanes, and
location of curb cuts;
D. The exact location of temporary outdoor sales and display area, including
the location and size of tents or other temporary structures;
E. Location and width of unobstructed handicapped-accessible pedestrian
routes and sidewalks. The means used to identify and designate the
pedestrian routes so they do not become obstructed or lead pedestrians
into the routes of vehicles (for example, temporary fencing, cordoning,
traffic cones, pavement striping, etc.) must also be noted on the
plan;
F. Location and width of vehicle circulation and any fire and emergency
lanes, showing access and egress. The means used to identify and designate
the vehicle lanes so they do not become obstructed by shoppers or
merchandise must also be noted on the plan;
Number of parking spaces temporarily obstructed by the sidewalk
sales event activities and number of total parking spaces available
during the sidewalk sales event;
G. Location of employee parking or overflow parking, if specially provided
for;
H. Location of any temporary structures or places of public assembly
for musical, cultural, educational or community events; and
I. The name and telephone number of a contact person available during
the sidewalk sales event to remedy any day-of-the-sale problems or
correct violations of the submitted site plan.
The site of the sidewalk sales must be designed to accommodate
expected patrons without danger to the public health or safety and
to prevent unacceptable traffic delays caused by traffic congestion.
To this end, the following standards must be satisfied:
A. Pedestrian and vehicular routes are to be clearly marked and identified
on the plan. If walkways and vehicular lanes are altered from the
current routes, the plan is to explain the means used to identify
and mark such revised routes on the site (for example, by using traffic
cones, temporary fencing, painted or chalked lines on pavement, and
roping off areas);
B. Unobstructed five-foot-wide handicapped-accessible pedestrian routes
must be provided;
C. Unobstructed nineteen-foot-wide two-way vehicular routes or thirteen-foot-wide
one-way vehicular routes must be provided;
D. Safe and logical traffic routes on the site as well as to and from
the site must be provided; and
E. Adequate parking must be provided so that parking does not obstruct
the safe flow of traffic or create hazards for pedestrians. Up to
10% of the normally required number of parking spaces may be temporarily
obstructed by sidewalk sales event activities if suitable arrangements
are made to free up parking spaces normally used for employee parking
or if environmentally suitable temporary overflow parking areas are
provided.
The requested closing of any public street requires approval
by the Town Council.
Any person aggrieved by any decision regarding the site plan
review for an approved sidewalk sales event may appeal the decision
to the Town Manager. Such appeal must be instituted within 30 days
after the receipt of a written decision to deny the sidewalk sales
site plan.
It is the intent of this chapter that sidewalk sales activities
will be self-policed by merchants and landlords of retail merchants.
In the event self-policing is not successful, the Code Enforcement
Officer or other person duly authorized by the Town is to enforce
the provisions of this chapter. The Code Enforcement Officer is to
order the correction or abatement of all violations of this chapter.
Uncorrected violations are to be reported to the Town Council upon
the next application for approving a sidewalk sales event.
Merchants conducting outdoor sales and display of merchandise
that have not been approved by the Planning Board or in compliance
with this chapter is a violation of the sidewalk sales ordinance codified
in this chapter and Title 16, Land Use and Development Code.