Intent and Effect: The section shall apply to the review, approval and operation of any food stand and/or mobile food unit as permitted in the individual zoning districts of unincorporated Dare County. These regulations shall apply to any food stand authorized by Dare County after March 19, 2018.
Mobile food units: Mobile food units as defined in Section 22-2 of the Dare County Zoning Ordinance may be authorized as a food stand subject to the conditions and procedures set forth in this section.
Approval procedures: A food stand listed as a "permitted" use in the applicable zoning district shall be subject to administrative approval by the Dare County Planning Department. A food stand listed as a "special" use in the applicable zoning district shall be subject to Planning Board review and Board of Commissioners approval according to the provisions of Section 22-68 of the Dare County Zoning Ordinance. A site plan depicting the location of the proposed food stand shall be provided to the Dare County Planning Department as part of the review process. Approval from the Dare County Health Department shall be obtained and proof of the Health Department approval submitted to the Planning Department.
Location of mobile food units: Mobile food units shall be located on a parcel of land in conjunction with an existing commercial structure or use. A maximum of five mobile food units may be located on a site in conjunction with an existing commercial use. Written approval from the owner of the commercial use shall be submitted as part of the site plan review process. Mobile food units shall be separated by a minimum of ten feet from other mobile food units and other structures.
Non-mobile food units: A permanent structure may be used as a non-mobile food stand and may be permitted subject to the review procedures set forth in this section and the applicable zoning district.
Seating: Any food stand, both mobile and non- mobile structures shall be limited to the seating restrictions of this section. An unenclosed, outdoor seating area may be provided for customers of the food stand. The maximum number of seats shall not exceed eight seats per food stand, mobile and non-mobile. The location of the seating shall be identified on the site plan submitted for the food stand and seating shall not be located in any setback area, parking area, or stormwater management area. A food stand shall not feature indoor seating.
Public Restrooms: Any food stand, both permanent and mobile food units, that provides outdoor seating shall provide public restrooms on the same site for use by their customers and employees. Public restrooms of the affiliated business or restaurant may be used to meet this requirement if the restrooms meet the requirements of the North Carolina Plumbing Code. Portable toilets shall not be used to meet this public restroom requirement. The use of public restrooms may be shared by mobile food units if outdoor seating is provided at their location.
Setbacks: Any food stand both mobile food units and non-mobile food units, shall meet the zoning setbacks for a principal use structure applicable to the site.
Parking for non-mobile food stands: Ten parking spaces shall be provided for use by the patrons of the food stand.
Parking for mobile food units: Ten parking spaces shall be identified for use by a mobile food unit. Parking spaces for the existing business affiliated with the mobile food unit may be approved for use if the hours of operation for the mobile food unit and the existing business do not overlap or if the existing business has excess parking spaces that can be assigned to the mobile food unit. If the parking for the existing business cannot be used, ten parking spaces shall be provided on the site for use by a mobile food unit. For each additional mobile food unit located on the site, two parking spaces per mobile food unit shall be provided in addition to the initial ten parking spaces. The parking requirement for additional mobile food units may be waived by the Planning Director based upon a review of the parking needs of the existing business but in no instance shall less than ten parking spaces be identified for use by mobile food units.
Signage: A separate freestanding business sign for the food stand shall not be displayed. Temporary signage or sandwich board signs shall not be used. Advertising for the food stand may be incorporated into the freestanding sign for the existing business if such sign does not exceed the allowable square footage as established by the Dare County Sign Ordinance. Signage on the outside of the food stand attached to the unit may be authorized by the Planning Department during the approval process. One flag as defined in the Dare County Sign Ordinance may be displayed at the food stand location according to the provisions of the Dare County Sign Ordinance. Any flag displayed at the food stand shall not interfere with line of sight clearances in parking areas.
Solid Waste: Trash receptacles for customer and employee use shall be provided onsite by the food stand operator. Approval to use the solid waste containers of the affiliated business shall be submitted as part of the approval process. Solid waste containers provided at public beach accesses or other public sites shall not be used.
Hours of Operation: Hours of operation for any mobile or non-mobile food stand may occur between the hours of 6:00 a.m. and 11:00 p.m. daily, seven days a week.
Other conditions: Any mobile food unit authorized as a food stand shall be kept in a "ready to move" state and shall not have the wheels or tires removed from the unit.
Pre-fabricated accessory structures intended for storage purposes and constructed off-site or factory-built shall not be used as food stands.
No drive-thru window service whereby patrons are served while seated in vehicle shall be permitted at a food stand.
Nothing in these regulations shall be interpreted to apply to catering services or special event food vendors as approved by the Dare County Health Department or to emergency response feeding services offered as part of emergency response operations. (Adopted 3-19-2018; Amended 10-18-2021)
(Am. Ord. passed 6-21-2021; Am. Ord. passed 10-18-2021)