A. Investigation: When an application for a Mobile Food Concessionaire Permit has been filed with the City Clerk in proper form, the City Clerk and City Staff shall cause an investigation to determine the validity and completeness of the information presented in the application. In addition, the City shall provide written notice of such application to the owners of property sharing a property boundary with the proposed Vending Site. Such notice shall inform adjacent property owners they may comment on the application during a period of not less than ten (10) days after mailing of the notice and prior to final action on such application.
B. Design Review: The City Clerk and City Staff are empowered to review all Mobile Food Concessionaire Permit applications and shall review each proposed Vending Site and approve or deny the same according to the evaluation standards set forth in this section as follows:
1. Materials and Information: The following materials and information, together with the application and all other materials required by this Chapter, shall constitute a complete application for design review, and shall be filed by the applicant with the City Clerk:
a. Photograph or drawing of proposed Mobile Food Concessionaire with dimensions;
b. Site utilization map in sufficient detail depicting the following:
(1) Exterior property lines of proposed permit site(s), together with dimensions drawn to scale;
(2) Location(s) of the proposed Mobile Food Concessionaire(s) and existing Mobile Food Concessionaires and other structures with dimensions showing the setback of each Mobile Food Concessionaire from the nearest property line;
(3) Location and dimensions of the adjacent streets and public ways, together with the location of any proposed street or other public way;
(4) Location of public queuing and circulation resulting from Mobile Food Concessionaire(s);
(5) Location of and distance to any existing Mobile Food Concessionaire(s) on adjoining properties;
(6) Location of and distance to any existing Restaurants;
(7) Location of dumpster and/or garbage can storage areas including the dimensions and plan for removal of garbage;
(8) Location and dimensions of easements, private and public, within and adjacent to the proposed project, together with the purpose of such easements;
(9) Location of parking and storage areas to be used by employees and operators of the Mobile Food Concessionaire;
(10) Location of nearby Public Restrooms and/or porta-potties and separate handwashing facilities that applicant anticipates employees of the Mobile Food Concessionaire and the operation's customers using by designating such locations and their distances from the Mobile Food Concessionaire's anticipated location on a site map;
(11) Location of City water and service connection, including details on service metering, if greater than one (1) Mobile Food Concessionaire Permit is proposed on a given site;
(12) Identification of measures to control propane, exhaust, smoke, fumes and/or noise from emanating from the Mobile Food Concessionaire, including but not limited to generators and other devices using propane and/or producing exhaust, smoke, fumes and/or noise;
(13) Indication of snow storage areas and direction of snow slide and drip line from roof of Mobile Food Concessionaire; and
(14) Identification of proposed disposal facility for the proper disposal of cooking grease and any other non-greywater waste byproducts resulting from the Engaging in or Conducting of Business.
2. Criteria and Standards: The following list of design review criteria must be considered and addressed by each applicant seeking design review approval of a Mobile Food Concessionaire. The City Clerk and City Staff will use this list of design criteria as a basis to determine whether an application is to be approved or denied. The City Clerk and City Staff may suggest changes and/or place conditions of approval based upon these design criteria if found necessary to maintain the public health, safety and welfare:
a. Architectural Quality and Compatibility:
(1) The Mobile Food Concessionaire shall be set back no less than five (5) feet from any and all property lines of the Site.
(2) Exterior lighting shall be downlit and shall not have an adverse impact upon other properties and/or public ways in compliance with Chapter 2 of Title 6.
(3) Mobile Food Concessionaire design shall include weather protection which prevents water from dripping or snow from sliding onto areas where pedestrians gather and circulate or onto adjacent properties.
(4) Exterior siding materials shall be of workmanlike quality and maintained in good repair.
(5) Garbage storage shall be screened from public view and City trash cans shall not be the primary receptacle(s) for rubbish disposal. Garbage storage containers shall include lids to avoid unsightliness and mitigate access by local wildlife.
b. Circulation Design: Public queuing and circulation resulting from the Engaging in or Conducting of Business shall be contained on private property.
c. Snow Storage: Snow storage areas shall not be less than thirty percent (30%) of the improved pedestrian circulation area.
d. Essential Services:
(1) A public restroom is available within five hundred (500) feet or a screened porta-potty and separate handwashing station is provided on-Site.
(2) Water and sewer services, including grease traps for food services, shall be provided at owner's expense and subject to City approval.
C. Consideration of Application: The City Clerk and City Staff shall have thirty (30) days to consider and approve or deny an application pursuant to this Chapter. The time for action upon an application may be extended by the City Clerk in cases where the complexity of the project or changes made by the applicant during the review process require additional time to properly review and consider the application. Following expiration of the comment period identified in subsection A of this section, and upon a finding by the City Clerk and City Staff that the application conforms to the requirements of this Chapter, the City Clerk shall issue a license to the applicant unless the City Clerk and City Staff finds one (1) or more of the following to be true:
1. The applicant is under eighteen (18) years of age and the applicant's application lacks a signature of authorization from the applicant's parent or legal guardian;
2. The applicant is overdue in his/her payment to the City of taxes, fees, fines or penalties assessed against or imposed upon the applicant;
3. The applicant has failed to answer or falsely answered a question or request for information on the Mobile Food Concessionaire Permit application form provided;
4. The applicant has failed to provide proof of a license, permit, certification, or inspection required by this Chapter or by the laws of the state for the operation of the proposed business;
5. The applicant, his/her employees and agents, individually or cumulatively, have been convicted of two (2) violations of this Chapter, other than the offense of operating a business without a license, within the two (2) years immediately preceding the application. A plea of guilty or no contest in any court of law constitutes a conviction for purposes of this section. The fact that a conviction is being appealed shall have no effect;
6. The required fees have not been paid;
7. The applicant has failed to comply with the terms of this Chapter;
8. The applicant has failed to comply with or the proposed business will violate an applicable law, ordinance or regulation of the City;
9. The applicant's Vending business or method of Vending will interfere with traffic flow on public ways or interfere with the public health, safety and welfare; or
10. The applicant's proposed Mobile Food Concessionaire fails to comply with design review standards.
D. Denial of Application: If the City Clerk and/or City Staff finds that one (1) or more of the items listed in subsection C of this section are true, the City Clerk shall deny the application and send to the applicant by certified mail, return receipt requested, a written statement setting forth the reasons for the denial and notifying the applicant of his/her right to appeal pursuant to section 4-9-19 of this Chapter. (Ord. 726, 5-22-2023)