(A) Intent. It is the town’s intent to remain proactive in new and innovative ways of serving the public while providing for proper places for these innovations to occur within zoning districts so as to protect the peace, well-being, harmony and atmosphere of the town. The use of food trucks is an appropriate use in some areas of the town and its extra-territorial jurisdiction in certain districts and upon the compliance with certain conditions as set forth herein. The town would like to allow for their use in certain zoning districts in the corporate limits, as well as its ETJ, along with certain conditions.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CO-OP ADVERTISING. Advertisement attached to or part of a vehicle that advertises any thing other than the principal use and business of the vehicle.
FOOD TRUCK. A licensed, motorized vehicle or mobile food unit that is placed upon any premises within the town for the purpose of selling food items to the general public.
IMPROVED INDIVIDUAL PARCEL/MOBILE FOOD SITE. Any improved individual parcel where mobile food vending is permitted to occur.
MOBILE FOOD VENDING. Commercial food service sales conducted through use of a food truck.
(C) Regulation of mobile food vending.
(1) Food trucks may operate as a permitted use within the C-2, C-1P, C-1, M-E and G-O Zoning Districts only upon compliance with all requirements of this section.
(2) All persons wishing to operate a food truck must provide to the town written permission of the property owner to park and operate upon those premises.
(3) Operation of a food truck shall only occur upon a paved parking area. The location of a food truck must be at least ten feet from the edge of any property lines or right-of-way in relation to the property, unless the adjoining property owner agrees to a lesser limit.
(4)
All food trucks shall be connected to a permanent power source. The use of electric generators in relation to mobile food vending is prohibited, unless operating on town owned property during special events.
(5) Food trucks shall locate trash receptacles and any other amenities being offered within ten feet of the truck. Vendors shall remove any items placed by them upon leaving each night. No outdoor storage shall be allowed. Trash shall be removed each night and town trash receptacles shall not be used by a mobile food vendor for purposes of waste disposal.
(6) Food trucks shall not be allowed to use amplified speakers, microphones or bullhorns as part of their mobile food vending.
(7) All mobile food vendors shall obtain and maintain a permit from the county’s Health Department and keep such posted in a conspicuous place during hours of operation.
(8) Free-standing, temporary, sandwich board signage. Co-op advertising is prohibited unless coop advertising is related to the nature of the items the food truck is using and selling.
(9)
The hours of operation for a food truck shall be limited to the hours between 6:00 a.m. and 11:00 p.m. Food trucks may not remain after hours upon the premises unless registered to participate in a special event recognized by the town, or owned and operated on the premises of an existing restaurant.
(10) Food trucks are not allowed within 50 feet of the main entrance of a restaurant during business hours unless they are operating as an extended part of that same restaurant, or with written permission from the restaurant owner.
(11) Food trucks are not allowed within ten feet of a fire hydrant or fire escape. Food trucks shall not be allowed to block driveways, sidewalks, utility boxes, handicap ramps, access to loading/service areas, emergency access or fire lanes, building entrances or exits, tree trunks or parking spaces. Food trucks may park in shared parking spaces if said spaces are not required to meet the minimum requirements of the zoning ordinance. Written permission from property owner allowing parking spaces to be used in this manner shall be provided to the town before the arrival of a food truck.
(12) Operators must be present at all times during hours of operation.
(13) A food truck shall not operate as a drive-through window.
(14) No mobile food vending shall cause parking problems, traffic congestion, litter problems, or be used in a manner which creates a danger to public health or safety.
(D) Violations. The penalty for violation of this section shall be as set forth in § 152.999 of this chapter.
(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 316; Ord. passed 8-8-2022)