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.
(2) Highway Commercial District:
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.