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A. The requirements of this title shall not be construed to prevent the use of a mobile or manufactured home for residential purposes if approved by the planning commission as a temporary use incidental to construction work.
B. Except as provided herein, a mobile home shall not be used for residential or sleeping purposes unless the mobile home is located in an approved mobile home park or an approved mobile home subdivision. (Ord. 2012-15, 9-20-2012)
A location for "resource recycling collection" facility as defined in chapter 13.04 of this title shall be approved by the community development director provided it meets the following requirements:
A. A location on improved property including a main building with paved parking, and landscaping, curb, gutter and sidewalk if required by the city;
B. All material shall be contained within an enclosed container;
C. The structures or bins comply with the yard requirements of the zone;
D. Written approval from the property owner to locate on the site; and
E. Maintenance of the site in a clean, neat and orderly manner. (Ord. 2012-15, 9-20-2012)
An "arcade" as defined in chapter 13.04 of this title shall not be located within a one thousand foot (1,000') distance, via the most direct pedestrian route, of the property line of a school or private educational institution having an academic curriculum similar to that ordinarily given in public schools. For purposes of measuring distance, a pedestrian route shall not include a route which requires crossing a physical barrier such as a fence, canal or freeway, or include trespassing across private property. (Ord. 2012-15, 9-20-2012)
All "motor vehicle repair" uses as defined in chapter 13.04 of this title shall be located within an enclosed building. Overnight storage of inoperable vehicles shall be approved as a conditional use by the planning commission as part of a site plan approval as per chapter 13.08 of this title. (Ord. 2012-15, 9-20-2012)
A. Mobile Food Business Allowed:
1. No person shall engage in a mobile food business or employ or hire another to engage in a mobile food business without possessing a valid mobile food vending permit issued by the city of Holladay as provided in title 5 of this code.
2. Persons selling food or beverages from mobile food businesses may do so by use of private property only, except as allowed by subsection A3 of this section. Use of private property by mobile food businesses shall be arranged with the real property owner and proof of such property owner authorization shall be required prior to the issuance of a business license.
3. Persons selling food or beverages from mobile food businesses may do so by use of public property other than a public right of way by permit or concession agreement from the city of Holladay or the public entity holding title to that property. Provisions of this section do not apply to special event permits allowed by the city under other provisions of this code.
4. Mobile food businesses are allowed only within those zones as allowed by chapter 13.100 of this title and in accordance with the provisions of this section.
5. Provisions found in this section shall not apply to mobile ice cream vendors, seasonal farm stands and other temporary or seasonal sales or uses that are specifically authorized by this title or other city ordinances.
B. Business License And Fees Required: No mobile food business shall continue in operation unless the holder thereof has paid an annual business regulatory fee and has met all applicable requirements as set forth in title 5 of this code or its successor section for each mobile food business.
C. Separate Applications: Separate business license applications shall be required for each mobile food business, including a mobile food court. Separate business license fees shall be required for each mobile food business vehicle operating under one business license.
D. Business Activity To Be Temporary: All business activity related to mobile food businesses shall be of a temporary nature subject to the requirements below:
1. A mobile food truck may not operate in one individual location for more than sixteen (16) hours during any twenty four (24) hour period. Any mobile vending truck or trailer shall be removed during the hours of nonoperation.
2. The mobile food truck shall be occupied by the owner or operator thereof at all times.
3. No overnight parking is allowed.
E. Location And Placement Requirements: The business operating location must be on private property within the specified zones as allowed by chapter 13.100 of this title, or as otherwise authorized by applicable city ordinance, subject to the requirements below:
1. Parking on a park strip, or otherwise landscaped area is not allowed.
2. A mobile food business shall park on a hard surface. Alternatives to asphalt and cement may be approved by the community development director.
3. Mobile food business vehicles must be parked so that neither the vehicle nor the customers block driveways of existing buildings or uses, or in such a manner as to create a traffic hazard.
4. No mobile food business shall occupy required parking stalls of the primary use.
5. No mobile food business shall interfere with the internal parking lot circulation.
6. Mobile food businesses shall not use the public right of way unless otherwise allowed by ordinance.
7. Power required for the operation of the mobile food truck may be self-contained or by the use of public or private power sources upon providing written consent from the property owner.
8. All materials generated from a mobile food business that are to be disposed of shall be disposed of properly.
9. Mobile food businesses shall comply with all other applicable city ordinances.
F. Design And Operation Guidelines: Mobile food trucks operating in the city of Holladay shall comply with the following design requirements:
1. Mobile food truck vehicles shall be designed to meet all applicable health department requirements.
2. No mobile vending truck or trailer shall be larger than twenty four feet (24') long by eight feet six inches (8'6") wide by twelve feet (12') high, provided that the operation of attached venting while the unit is in operation shall not be cause for violation of this paragraph.
3. The mobile food truck shall not have a drive-through.
4. Mobile food truck vehicles shall be kept in good operating condition; no peeling paint or rust shall be visible.
5. All grounds utilized by a mobile food business shall at all times be maintained in a clean and attractive condition.
6. Trash and recycling containers shall be provided by the mobile food business for use of the business patrons and shall be emptied daily.
7. Any enclosures or canopy extensions must be integrated into the design of the mobile food business vehicle and must not project onto the public sidewalk or any other part of the public right of way not authorized by the city.
8. A mobile food truck or trailer operating within fifty feet (50') of a dwelling shall:
a. Cease all operations and vacate the location by ten o'clock (10:00) P.M. each day; and
b. The use of portable generators to supply electricity for the mobile food truck operation is prohibited.
G. Signs: No signs shall be used to advertise the conduct of a mobile food business at the premises other than that which is physically attached to the vehicle, except temporary signs authorized by section 13.82.210 of this title.
H. Professional And Personal Services Prohibited: The performance of professional or personal services for sale shall not be provided from a mobile food business. (Ord. 2013-20, 9-5-2013)
A. Mobile Food Courts As A Conditional Use:
1. Operating a mobile food court is unlawful without first obtaining conditional use approval and site plan approval subject to the qualifying provisions written below as well as those in this title.
2. Mobile food courts are allowed by conditional use approval only within the zones as specified by chapter 13.100 of this title, in accordance with the provisions of this chapter.
3. Provisions found in this section shall not apply to seasonal or temporary sales that are specifically authorized by this title or other city ordinances.
B. Qualifying Provisions:
1. A mobile food court is required to be on a parcel of at least two thousand (2,000) square feet in size.
2. No less than two (2) and no more than ten (10) individual mobile food vendor pads or other authorized vendors are allowed on a parcel.
3. No participating mobile food business or other authorized vendor shall continue in operation at the mobile food court unless the holder thereof has paid an annual business regulatory fee as set forth in title 5 of this code.
4. All lot size, lot width, and landscaping requirements of the zone in which the mobile food court is approved shall be met prior to the issuance of a site plan approval.
5. Mobile food courts are for the sale of food products only, except for the sale of nonfood, promotional items directly related to the mobile food business.
6. A master sign plan for the mobile food court shall be submitted for review and approval as part of the site plan approval. The plan shall provide information relating to permanent signs for the court and shall comply with the requirements of chapter 13.82 of this title.
7. All the proposed activities will be conducted on private property owned or otherwise controlled by the applicant and none of the activities will occur on any portion of a public right of way including sidewalks or landscaped park strips.
8. The proposed mobile food court will not impede pedestrian or vehicular traffic in the public way.
9. All activities associated with a mobile food court must comply with all health department requirements.
10. A detailed site plan demonstrating the following is required:
a. The location and orientation of each vendor pad.
b. The location of any paving, trash enclosures, landscaping, planters, fencing, canopies, umbrellas or other table covers, barriers or any other site requirement by the international building code, or health department.
c. The location of all utility hookups provided by the property owner for use by the mobile food truck.
d. The location of all existing and proposed activities on site.
e. The circulation of all pedestrian and vehicle traffic on the site.
f. The mobile food court shall not occupy required parking stalls of any primary use of the site.
11. Live music will not be performed in the mobile food court area unless the decibel level is within conformance with the Holladay City noise control ordinance, section 9.48.010 of this code.
12. Parking for a mobile food court is required at a ratio of one stall per mobile food business. This requirement may be waived by the planning commission as part of the conditional use process. Hard surface paving at the vehicular entrance to the mobile food court, and for each individual mobile food business is required. Alternatives to asphalt and cement may be approved as part of the conditional use process. (Ord. 2013-20, 9-5-2013)