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A. Seasonal vending is a temporary accessory use to grocery stores, whereby the owner of the grocery store operates a mobile vending unit on the same property as the grocery store to sell prepared food products that are customarily sold in their grocery store.
B. A maximum of one mobile vending unit may be authorized by permit for each grocery store.
C. The mobile vending unit may be located on the site for a summer season not to exceed one hundred fifty (150) consecutive days of sales. The dates for the sale period shall be identified with the permit application. Two (2) additional days are authorized at the beginning and two (2) additional days are authorized at the end of the sale period for set up and removal of the mobile vending unit.
D. The mobile vending unit shall remain stationary on private property, in an approved location on the site for the duration of the permit. The owner may move the mobile vending unit to and from the approved mobile vending unit site during the one hundred fifty (150) day period, provided the mobile vending unit is not used within the city, unless otherwise authorized by this chapter.
E. The mobile vending unit shall be located at least two hundred feet (200') from a residentially zoned or used property.
F. Collocating more than one separately licensed mobile vending unit on the same site may be allowed, provided the site is designed to accommodate multiple vending units and provided the mobile vending units are permitted through the requirements of this chapter.
G. A mobile vending unit must locate on private property, on a paved surface, in a location that does not interfere with pedestrian or accessible routes, required parking, traffic circulation or emergency vehicle access on the site. Mobile vending units are prohibited within the public right of way.
H. Exterior materials and colors of the mobile vending unit shall be designed to be complementary to the principal building. The community development director has the authority to require that the mobile vending unit be reviewed by the city architectural review commission and city council to ensure that the mobile vending unit is consistent with the purpose and intent of the city's architectural design standards for commercial property.
I. The size of the mobile vending unit shall be complementary to the site and location where it is parked. The mobile vending unit shall not exceed twenty six feet (26') in total length and shall not exceed ten feet (10') in total height from grade to the highest point of the mobile vending unit. The community development director has the authority to require the size of the mobile vending unit be reviewed by the city architectural review commission and city council to ensure that the size of the mobile vending unit is complementary to the surrounding property.
J. The mobile vending unit may be open between the hours of eight o'clock (8:00) A.M. and eight o'clock (8:00) P.M. Additionally, the mobile vending unit may not be open unless the grocery store is open so that customers have access to restroom facilities inside the building.
K. Providing or selling of merchandise or other retail items related to a seasonal vending operation is prohibited.
L. The seasonal vending area shall be kept clean by the permittee. Trash receptacles including leakproof, nonabsorbent containers shall be kept covered with tightfitting lids and provided in proximity to the mobile vending unit. The trash receptacles shall be maintained to avoid any littering in association with the use and properly disposed of. Each permittee is responsible for the disposal of trash left by customers.
M. At the time of the mobile vending permit for seasonal vending, the owner shall submit a best management practices plan to be reviewed and approved by the city council that identifies how they will appropriately dispose of wastewater and FOG (fats, oils and grease).
N. A staff person, legally capable of moving the unit shall be on the premises at all times while the mobile vending unit is open for business.
O. The use of seating, tents, canopies or umbrellas related to the seasonal vending operation is prohibited. The exception is that a canopy that is attached to the mobile vending unit may be used to provide shade for the sales location.
P. The use of temporary power cords or water lines or sewer lines related to the mobile vending unit is prohibited. If the owner chooses to hook the mobile vending unit up to electric, water, or sanitary sewer services, the connections shall be installed underground in a permanent manner to a hookup post installed in close proximity to the mobile vending unit. The permanent utilities shall be approved with separate electric and/or mechanical permits. The owner may also use power cords that run from generator placed in the vicinity of the mobile vending unit to the mobile vending unit.
Q. The city may require the use of bollards or other traffic or pedestrian flow devices, as needed to maintain safety.
R. The use of sound amplifying equipment, televisions or similar visual entertainment devices, lights, or noisemakers, such as bells, horns, whistles related to the mobile vending unit is prohibited. Exceptions include low volume use of a vehicle radio or other music that can only be heard at the mobile vending unit and televisions or other screens used in association with a menu board for the vending unit.
S. Other than lighting required for a vehicle or trailer, no lighting shall be used to light the mobile vending unit or the area around the mobile vending unit. Lighting shall not be used to attract attention to the mobile vending unit.
T. A seasonal vending permittee shall be allowed signage up to twenty five percent (25%) of any face of the mobile vending unit. The signage shall be secured flat against the mobile vending unit, not projecting more than six inches (6") from the exterior of the unit and no more than three feet (3') above the roof deck of the unit. No signage shall be placed on top of a roof deck of any mobile vending unit. Any menu boards shall be directly attached or inside of the mobile vending unit. No external freestanding signage or banners are allowed for the seasonal vending operation. No inflatables, lights, or other attention attracting devices are allowed for the seasonal vending operation.
U. A mobile vending unit may not have a drive-through.
V. A seasonal vending permittee shall obey any lawful order of a police officer, traffic control agent, or regulatory services inspector to move to a different authorized location to avoid congestion or obstruction of parking lots, pedestrian trails, or adjacent streets.
W. For the dates beyond the approved sale period, the mobile vending unit shall be removed from the property, moved inside a building, or moved to a staff approved storage location in the back or side of the building, away from primary street frontages. No mobile vending unit shall be kept, stored, or maintained on a residentially zoned property in the city of Baxter. No mobile vending unit shall be used as sleeping quarters in the city.
X. The seasonal vending permit locations shall be compatible with the character of the surrounding neighborhood considering the possible creation of problems including noise, lighting, traffic, sanitation, congestion and other factors affecting the public health, safety and welfare of such areas in addition to compliance with all ordinances of this city and applicable statutes and regulations. (Ord. 2016-015, 5-3-2016)