(a) Mobile Food Vendors shall be permitted only in the following zoning districts, except as otherwise provided in subsections (c) and (d) below:
Downtown Business, Commercial, Industrial, Agricultural.
(b) A Mobile Food Vendor License granted under this section shall permit one Mobile Food Vendor unit to be located on one of up to three non-residential properties within any permitted zoning district, with the written permission of the property owner( s) and consistent with the requirements of this Section and all other applicable laws. During the term of the Mobile Food Vendor License, the Mobile Food Vendor shall operate from one of the approved locations, but may relocate the unit to any other Municipality approved location at the vendor's discretion. These locations may be changed during the term of the permit upon submission of a new Mobile Food Vendor License application and payment of application fee as approved by the Municipality. No other Mobile Food Vendors may be permitted to operate at said locations during the term of the permit. Locations shall be approved on a first-come, first-served basis.
(c) Notwithstanding subsections (a), (b) and (d), the City Council is authorized to grant:
(1) Permission to locate Mobile Food Vendor units on any Municipality-owned property consistent with these regulations, for an additional fee, to be negotiated subsequent to approval by Council.
(d) Notwithstanding subsections (a), (b) and (c), Mobile Food Vendor units shall not be located:
(1) Within one-hundred (100) feet of property containing a restaurant located in an enclosed building, unless operated by the restaurant owner or written permission by the restaurant or property owner is provided. However, this restriction does not prevent approval of any new restaurant located in an enclosed building within one-hundred (100) feet of any pre-existing approved Mobile Food Vendor location. In that event, the Mobile Food Vendor may continue at the pre-approved location until the expiration of the permit term. Upon renewal of the permit, the Mobile Food Vendor must then relocate to meet the requirements of this subsection.
(2) On property used exclusively for single-family residential purposes, irrespective of its zoning classification.
(3) In the right-of-way adjacent to any land owned by a public or private school, unless written permission has been granted by the school.
(4) In the right-of-way adjacent to any property containing a festival, special or civic event that is licensed or sanctioned by the Municipality, unless the Mobile Food Vendor is an authorized participant in such event.
(5) On any unpaved surface.
(6) Closer than five (5) feet to the public right-of-way, unless permission is granted by the Municipality to locate within the right-of-way as provided in subsection (c)(1) hereof. (Ord. 12-39. Passed 10-1-12.)