[HISTORY: Adopted by the City Council of
the City of Jamestown 6-15-2020. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Items sold at a public market, hand-crafted by a local producer,
including, but not limited to, soaps, beauty products, candles, clothing,
accessories, and knit products.
Items sold at a public market, from a local producer. Farm
products shall include, but are not limited to, agricultural products
such as fruits, vegetables, mushrooms, herbs, eggs, honey or other
bee products, flowers, nursery stock, and livestock food products
(including meat, milk, cheese, and other dairy products).
A person or organization that manages the operation of the
public market or mobile market, assigns space to producers and sellers,
directs the maintenance of premises and records, and performs related
duties as required.
The selling of food products, including fresh produce, fresh
meat and dairy, and dry goods, out of a bus, truck, trailer, or other
mobile unit. At least 50% of the goods for sale must be compliant
with USDA's Dietary Guidelines for Americans.
The person or entity that:
Adopts the definition of "public market" contained in § 260
of the New York Agriculture and Markets Law, with the additional requirement
that at least 75% of offered goods be either farm products or value-added
farm products. Public markets can include indoor and outdoor display
and sales. A public market may be a principal or accessory use of
a site.
A product processed by a producer from a farm product, including,
but not limited to: baked goods, jams and jellies, canned vegetables,
dried fruit, syrups, salsas, salad dressings, milled grains, coffee
and other beverages, smoked or canned meats or fish, sausages, or
prepared foods.
A farmer or other person designated as having the right to
participate in the market.
A.
Public markets are permitted by right in commercial/industrial zoning
districts, subject to the requirements of this section.
B.
Public markets are permitted by conditional use/special exception
in mixed-use zoning districts, subject to the requirements of this
section.
C.
Public markets are permitted by conditional use/special exception
in residential zoning districts as an accessory use to nonprofit organizations,
churches, schools, private clubs and organizations.
D.
A site plan shall be submitted with the permit application showing
all existing improvements on the property, off-street parking areas
and driveways (including traffic control patterns), and the specific
area (dimensioned) of the property to be occupied by the public market.
A.
Area/coverage.
(1)
The retail sales area shall be considered to be that which encompasses
all display stands, booths, tables or stalls, plus any adjoining aisles
and/or walkways from which consumers can inspect items for sale.
(2)
Public markets in residential zoning districts shall have no more
than 10 vendors or a retail sales area of no greater than 2,000 square
feet.
B.
Height. Outdoor public market structures shall be in conformance
with building height regulations for accessory structures of the zoning
district in which they are located.
A.
During the hours of operation, dedicated and exclusive parking shall
be provided at the rate of a minimum of one space(s) per vendor. If
the public market is held on a public street, public parking shall
be prohibited there, with the exception of vendors or market staff,
during the market's hours of operation.
B.
No vehicles shall block access to neighboring properties or traffic
flow while unloading and loading material.
C.
Vehicles used for unloading and loading products shall only be parked
on the site on the days of operation or after 5:00 p.m. the evening
before.
A.
Hours of operation, including setup and removal of all displays and
products, for an outdoor public market shall be limited to the hours
between sunrise and sunset.
B.
Hours of operation, including setup and removal of all displays and
products, in residential zoning districts shall be developed at the
discretion of the City and protect neighbors from light, noise, disturbance
and interruption.
A.
All public markets shall have a market manager authorized to direct
the operations of all vendors participating during all hours of operation.
B.
All public markets shall have an established set of operating rules
addressing the governance structure of the public market, hours of
operation, maintenance and security requirements and responsibilities,
and appointment of a market manager. These rules shall be submitted
to the City with the market's permit application.
C.
At least 75% of the products for sale shall be farm products or value-added
farm products.
D.
Exterior public address systems for outdoor public markets shall
be arranged and designed so as to prevent objectionable impact on
neighboring properties.
E.
In residential zones, there shall be no use of public address systems
with outdoor public market activities.
F.
All temporary structures used for outdoor public markets shall be
removed on the same day of operation. In the event that an outdoor
public market will operate for two or more consecutive days on a property,
temporary structures shall be removed after operations or stored in
a building on site.
G.
All applications shall include a plan for the cleanup of litter.
Exterior trash receptacles shall be provided for all outdoor public
markets.
H.
An outdoor public market cannot obstruct a sidewalk or path that
is part of a pedestrian or bicycle transportation system.
I.
Access to City electricity services shall be made available to the
market at all locations at which such service is accessible.
J.
All public markets and their vendors shall receive all required operating
and health permits and licenses from the NY Department of Agriculture
and local health department as required.
K.
These permits/licenses (or copies) shall be in the possession of
the public market manager or the vendor, as applicable, on the site
of the public market during all hours of operation.
L.
The market manager of a public market shall carry liability insurance
at an amount approved by the City of Jamestown.
A.
Mobile markets are allowed upon submitting an annual agreement with
the City. This annual agreement shall outline which designated City-owned
property can be visited by the mobile market.
B.
Locations owned by nongovernmental entities must invite the mobile
market to park at their lot.
C.
An annual agreement can be reviewed at any time during the year if
complaints of noncompliance are submitted; the agreement may be revoked
at any time without cause or notice.
D.
The final agreement packet is to include: dates and times of operation
for each stop and property owner signature if applicable. All vending
vehicles must comply with the following stipulations:
(1)
Vending operation takes place in a designated parking lot/park space/City
property at the furthest point from the nearest property line, with
sufficient space to accommodate the operation and not reduce any required
parking for the permanent tenant(s) at that location.
(2)
The sales or vending area does not block any sidewalk and the sidewalk
remains ADA compliant.
(3)
There is sufficient stacking area for pedestrians to wait on a sidewalk.
(4)
The vendor does not install any permanent improvement on the sidewalk.
(5)
Proper trash receptacles are available and utilized. The operator
is responsible for removing any trash associated with the operation.
(6)
It may not operate within 500 feet of a public entrance of an established
business offering similar products during the hours that the business
is open to the public.
(7)
Mobile markets may operate from 9:00 a.m.-5:00 p.m. Sunday, 9:00
a.m.-7:00 p.m. Monday-Thursday, and 9:00 a.m.-8:00 p.m. Friday-Saturday.
(8)
Mobile markets must display signage indicating contact information
for appeals/complaints, as well as proof of the annual agreement at
each stop (or on vehicle).
