(A) Intent. This permit shall provide for a special use for small non-alcoholic beverage and food stands, which are often a transitional use on underdeveloped sites, or additions to sites that are already developed, but have available space.
(B) Permit required. No person shall operate a small non-alcoholic beverage and/or food stands without first obtaining a permit from the County Planning and Zoning Department or County Commission. The County Planning Department may determine that a hearing shall be held due to the scope of the proposed use; if such occurs the non-alcoholic beverage and food stand permit shall be referred to the County Commission for a public hearing.
(C) Applications.
(1) Submission deadline for all non-alcoholic beverage and/or food stands permit applications shall be made to the County Planning Department at least 45 days prior to the proposed commencement date of the use, provided a lesser time may be allowed consistent with the requirements of this section.
(2) All non-alcoholic beverage and/or food stands plans shall be subject to an approval and shall describe the nature and location of all temporary improvements and activities, the location of any permanent buildings intended for use, the time period for which the use is requested, and such other information in sufficient detail as the County Planning Department determines is reasonably necessary to adequately review the application and to ensure the use will be conducted in a manner consistent with the requirements of this section.
(3) All applications shall be on forms furnished by the County Planning and Zoning Department.
(D) Fees. Upon the filing of any application for a non-alcoholic beverage and/or food stands permit, the applicant shall pay the county the appropriate fee as designated in Chapter 21 of this zoning title. These fees shall be utilized to help defray necessary administrative costs of processing the application required.
(E) Standard conditions.
(1) Drive-up stacking. Stands with drive-up windows require three, 18 foot-long queuing spaces per window. Fewer spaces may be approved; provided that a plan is submitted that shows the site has sufficient overflow areas so that traffic will not block streets, sidewalks, or parking lot circulation aisles.
(2) Bathroom facilities if required by county;
(3) Parking:
(a) A parking plan must be submitted for approval by the Planning Director;
(b) All parking areas shall be located in such a manner to avoid traffic hazards associated with entering and exiting the public roadway.
(4) All signs must meet § II-8.004.
(5) Paving. Gravel parking and maneuvering areas may be approved, if it provides an adequate all-weather surface. Dust shall not become a nuisance, and gravel shall not be allowed to track onto sidewalks or streets.
(6) Landscaping. Landscaping is not required unless headlight glare associated with drive-up queuing areas will affect abutting residential uses. In those cases, the responsible official may require screening in the form of shrubs or fencing.
(7) Public Health approval. All coffee and food stands shall comply with county and state Health Department regulations, including the provision of restroom and hand washing facilities for employees and patrons.
(8) Accessibility. Outdoor seating areas and restroom facilities shall comply with ADA requirements.
(9) Performance standards. Failure to mitigate the effect of unpaved parking lots, reduced queuing and landscaping standards, portable signs, or on-street parking may result in the revocation of a permit.
(F) Specific conditions.
(1) Non-alcoholic beverage and food stands that are either parked or placed on a semi-permanent basis may be allowed in highway service commercial zones, subject to the following:
(a) Each stand is limited to 240 square feet;
(b) A maximum of six coffee and/or food stands are allowed per these standards per development site;
(c) Only one stand is allowed to have drive-through facilities;
(2) Mobile food trucks and carts that are removed from a site at the end of each day or weekend are exempt from the provisions of this section.
(G) Application submittal requirements.
(1) Narrative that describes the existing conditions and proposed project in detail, including hours of operation, types of food and beverages to be prepared and served, whether outdoor seating is proposed, and the provision of:
(a) Restroom facilities;
(b) Water and wastewater;
(c) Off-site parking, if proposed;
(d) Plan to mitigate the effects of dust, gravel, glare and queuing overflow as applicable;
(e) Cooking and/or barista facilities; and
(f) Outdoor seating areas, if proposed;
(2) Site plan (11 inches by 17 inches minimum size) drawn to a legible scale to adequately show:
(a) Dimensions of property and right-of-way lines;
(b) The abutting street name, centerline, curb and sidewalk;
(c) The locations, width, and surface materials of driveways, queuing and parking spaces;
(d) The locations and dimensions of the stand(s), outdoor seating areas and restroom facilities;
(e) Proposed location of signs (both permanent and/or temporary);
(f) Scale of plan, and north arrow;
(g) If the parcel is large, the detailed plan can show only the part of the parcel proposed for the stands; provided, that an insert of the entire parcel is also shown with the area of detail shown on the insert; and
(h) Location of any easements;
(5) Copy of current plat and deed to verify property dimensions and check whether any easements exist;
(H) Procedure.
(1) The Planning Department shall review the completed small non-alcoholic beverage and/or food stands permit application for compliance with this title. Any application not containing and/or addressing all information shall be rejected and returned to the applicant together with the reasons for rejection.
(2) The Planning and Zoning Department shall be vested with the authority to approve the small non-alcoholic beverage and/or food stands permit, to approve, approve with conditions, or deny the small non-alcoholic beverage and/or food stands permit within 30 days of receiving the application. If the action is to deny the small non-alcoholic beverage and/or food stands permit, the reasons for such action shall be in written format and specific reference shall be made to the requirements not met. The decision of the Planning and Zoning Department may be appealed to the Board of Adjustment in the manner prescribed in Chapter 15 of this zoning title.
(I) Considerations. The following standards shall be used in determining the suitability and compatibility of a seasonal use.
(1) The small non-alcoholic beverage and/or food stands location will have no adverse effect on nearby properties or jeopardize public health, safety, and general welfare.
(2) The small non-alcoholic beverage and/or food stands will not create hazardous traffic conditions or result in traffic excess of the capacity of the roads serving the use.
(3) The site is adequate to accommodate the proposed use, including the provision for on- and off-site parking.
(4) Adequate sanitation facilities will be available on-site.
(5) The time period and hours of operation for the seasonal use are clearly specified.
(6) Provision is made for the removal, clean-up, and restoration of site.
(7) The small non-alcoholic beverage and/or food stands will not adversely impact the natural environment.
(8) The site is suitable for the proposed seasonal use, considering flood hazard, drainage, soils, and other conditions which may constitute a danger to life, health, or property.
(9) All temporary improvements and any permanent structures proposed to be used will comply with all applicable provisions of the county’s Building Code.
(10) The applicant shall meet all insurance requirements, pay all applicable fees, and execute the release and hold harmless agreement.
(J) Conditions of approval. Reasonable conditions may be required in connection with the approval of any temporary use permit which are deemed necessary to protect the public health, safety, and welfare and the social and economic well-being of those who will use the temporary use, residents, and landowners immediately adjacent to the proposed use, and the community as a whole. Any condition imposed must clearly be specified in writing on the temporary use permit.
(Ord. 23-03, passed 12-12-2023)