Town of Conway, NH
Carroll County
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[HISTORY: Adopted by the Board of Selectmen of the Town of Conway 7-17-1990. Amendments noted where applicable.]
GENERAL REFERENCES
Amusements — See Ch. 16.
Hawkers, peddlers and solicitors — See Ch. 62.
Parks and Town property — See Ch. 90.
Special events — See Ch. 120.
The purpose of these regulations is to provide a controlled means of allowing vending carts in the Town of Conway. Vending carts offer products and services to residents and visitors, but their uncontrolled proliferation could cause safety problems and could detract from the aesthetics and character of the Town.
As used in this chapter, the following terms shall have the meanings indicated:
SIGNAGE
Any form of commercial message designed to attract attention, advertise, etc.
VENDING CART
A nonmotorized, wheeled cart, designed for pushing as the sole form of locomotion, and designed with the capacity to store food/beverage products and used for retailing such goods. If the primary product sold is not food/beverage products, then the cart shall not be considered a vending cart and shall be required to obtain site plan approval from the Town.
Every vending cart operating in the Town of Conway shall be responsible for obtaining a permit pursuant to this chapter and shall be responsible for complying with these regulations and any additional terms of the permit.
Vending carts are allowed only in locations which meet each of the following criteria:
A. 
Vending carts shall be allowed only in the Commercial and Industrial Districts; and
[Amended 4-11-2017 ATM by Art. 29]
B. 
Vending carts shall not be located in areas subject to vehicular traffic (i.e., parking lots, roads, driveways, etc.); and
C. 
Vending carts shall be permitted only on private property, with written authorization of the landowner provided at the time of application; and
D. 
Vending carts shall comply with the following minimum setbacks from property borders:
(1) 
Village Commercial Districts:
(a) 
Front setback: zero feet.
(b) 
Side setback: zero feet.
(2) 
Highway Commercial District:
(a) 
Front setback: 25 feet.
(b) 
Side setback: 10 feet.
One cart per lot shall be the maximum allowed, unless the lot has 300 or more feet of road frontage, in which case two vending carts shall be the maximum allowed.
Permits shall specify starting and ending dates, and the maximum duration shall not exceed six months.
Signage shall be restricted to message and communication instruments which are a physical part of the cart. No separate signs are permitted.
[Amended 4-11-2017 ATM by Art. 29]
Vending cart operators shall have in their possession a valid vending permit from the New Hampshire Department of Health and Human Services.
[Amended 4-11-2017 ATM by Art. 29]
The operator shall secure a vending cart permit from the Board of Selectmen or its designated agent prior to commencement of operation. The operator shall complete the application form, which must be signed by both the operator and landowner. A fee in an amount set from time to time by the Board of Selectmen shall be paid at the time the application is submitted to the Town. Upon approval, the Board of Selectmen or its designated agent shall issue a permit, which shall be attached in a visible location on the vending cart.