The following regulations for Temporary Uses are determined to be necessary for the orderly establishment and regulation of certain uses which are of a non-permanent nature. Temporary Uses, as defined in this Section, shall be permitted as Accessory Uses within the following Districts subject to the regulations and restrictions contained within this Section, provided that a lawful Principally Permitted Use and Structure in combination already exists: RLD, R-MD, R-MF, H, O-R, B-R, B-C, CCD, A, and L-I, as well as within any established SPD.
(a) For all Temporary Uses, an application requesting the issuance of a zoning permit shall be filed with the Building and Zoning Department not less than ten (10) days prior to the instigation of such use. The application shall be made to the City of Loveland Zoning Administrator, and the application shall contain a graphic and written description of the property to be used, a description of the proposed Temporary Use, and a site plan containing sufficient information to determine whether the proposed Temporary Use meets the yard, setback, parking, sanitary facility requirements, and shall further attest and furnish documentation that the proposed Temporary Use meets or exceeds all federal, state, or local regulations pertaining to such Temporary Use, if applicable. The application materials shall also address all other requirements established pursuant to these regulations.
(b) The following uses are deemed to be Temporary Uses and shall be subject to the specific regulations and time limits that follow within this Section, as well as the regulations of the underlying Zoning District in which they are to be located:
(1) Mobile Food Vendors. Mobile Food Vendors shall be permitted to be established on any parcel located within any zoning district where Temporary Uses are permitted as Accessory Uses, provided a Principally Permitted Use exists, subject to the following conditions:
A. Mobile Food Vendors shall be operated in a manner that is harmonious with the general objectives of this Code.
B. The Mobile Food Vendor shall be operated in compliance with Chapter 732 of the Code of Ordinances for the City of Loveland, Ohio, as amended.
C. No Mobile Food Vendor shall be operated in a manner that is detrimental to any adjoining use with respect to noise, glare, odor, nor shall any Mobile Food Vendor be operated in a manner that constitutes a nuisance to adjoining properties. In furtherance of this objective, Mobile Food Vendors shall meet the following requirements regarding time, manner, and location of the proposed operation:
i. Mobile Food Vendors shall make accommodations for trash or rubbish disposal in conjunction with their proposed operations. The Mobile Food Vendor is responsible for maintaining trash receptacles and shall maintain all areas surrounding the location of the Mobile Food Vendor free from all litter and debris arising from its operations. Trash receptacles shall be emptied and removed at the end of each day.
ii. The location of the Mobile Food Vendor shall be located entirely on private property and shall not be located within any public or private street, alley, right of way, access easement, or designated vehicular circulation areas without receiving prior written approval from the City Manager.
iii. Except as otherwise required by this Section, a Mobile Food Vendor shall be set back not less than ten feet (10') from any public street, alleyway, sidewalk, right-of-way, or private street.
iv. Except as otherwise required by this Section, a Mobile Food Vendor shall be set back not less than fifteen feet (15') from any side or rear property line.
v. A Mobile Food Vendor shall not operate in a manner that blocks, obstructs or restricts the free passage of pedestrians or vehicles in the lawful use of the sidewalks, streets or public places
vi. No Mobile Food Vendor shall be parked, operated, or located within a designated fire lane.
vii. No Mobile Food Vendor shall occupy greater than two (2) designated parking spaces on the site where any Mobile Food Vendor is proposed to be located.
viii. A Mobile Food Vendor shall remove its mobile, nonmotorized wagon, cart, trailer, or motorized vehicle at the end of each business day, unless otherwise waived or extended by the City Manager or a designated representative.
D. No Mobile Food Vendor shall be operated on any lot where a Principally Permitted Use does not already exist. The establishment of a Mobile Food Vendor on a vacant lot shall be strictly prohibited.
E. No Mobile Food Vendor shall erect any freestanding structures, canopies, tables or chairs for customer use.
F. The Mobile Food Vendor must demonstrate there is adequate parking on the property where the Mobile Food Vendor is located or that there is adequate parking immediately adjacent to the property where the Mobile Food Vendor is located to ensure public safety for patrons of the Mobile Food Vendor. On-Street parking spaces shall not be counted when determining the adequacy of existing parking areas.
G. A Mobile Food Vendor shall be licensed with, and shall fully comply with all applicable laws established by the Hamilton County Board of Health or other applicable Board of Health agencies and shall provide a copy of all required licenses for a food service operation to the Zoning Administrator prior to issuance of a Temporary Use Permit.
H. All signage displayed by a Mobile Food Vendor shall be in conformance with the City of Loveland Zoning Code and any other applicable regulatory codes or ordinances. A Mobile Food Vendor may be permitted to maintain one (1) menu board that is permanently affixed to the Mobile Food Vendor vehicle, cart, or apparatus. No such sign shall exceed ten square feet (10 sq.ft.) in area.
I. In addition to the affixed signage, a Mobile Food Vendor shall be permitted one (1) portable sandwich-style sign in conformance with the City of Loveland Zoning Code, which shall be placed not further than ten (10') feet from the operating mobile food vendor vehicle, cart, or apparatus.
J. The owner of the property where the Mobile Food Vendor is located shall consent in writing to the location of the Mobile Food Vendor prior to the issuance of a Mobile Food Vendor permit. Such consent shall be attached to any application requesting a Mobile Food Vendor Permit.
K. In the event that the Mobile Food Vendor will be located within a subdivision having an established Homeowner's Association (HOA), prior written approval from the HOA shall be required, with the written approval documentation provided at the time of permit application.
L. The Mobile Food Vendor shall apply to the Building and Zoning Department for a permit to establish a Mobile Food Vendor on an existing lot of record, in accordance with the provisions of this Section.
i. The following rules shall govern the issuance of Temporary Use Permits for Mobile Food Vendors within the H, 0-R, BR, B-C, CCD, and L-I zoning districts:
a. The Zoning Administrator shall be responsible for reviewing and issuing a permit for establishment of a Mobile Food Vendor.
b. Each Mobile Food Vendor shall require a separate permit application for each unit owned or operated by the vendor.
c. No single Mobile Food Vendor permit shall be valid for period of longer than five (5) days in total, consecutive or cumulative.
d. A single property or lot of record shall be limited to a total of eighteen (18) Mobile Food Vendor permits per calendar year. For purposes of this Section, the calendar year shall commence on January 1st of each year and shall end on December 31 st of each year.
e. A maximum of three (3) Mobile Food Vendor permits may be issued to any single property or lot of record within any single month during any calendar year. For purposes of this Section, the calendar year shall commence on January 1st of each year and shall end on December 31 st of each year.
f. No Mobile Food Vendor shall operate on any single parcel or lot of record for more fifteen (15) consecutive days during any calendar year. For purposes of this Section, the calendar year shall commence on January 1st of each year and shall end on December 31st of each year.
g. For lots exceeding two (2) acres in area, exclusive of any right-of-way, not more than three (3) Mobile Food Vendors shall be authorized to operate concurrently.
h. For lots less than two (2) acres in area, exclusive of any right-of-way, not more than one (1) Mobile Food Vendor shall be authorized to operate concurrently.
i. Mobile Food Vendors shall be permitted to operate between the hours of 8:00 a.m. - 11:00 p.m. within the H, O-R, B-R, B-C, CCD and L-I zoning districts.
ii. The following rules shall govern the issuance of Temporary Use Permits for Mobile Food Vendors within the R-LD, RMD, A, and R-MF zoning districts, or within any established SPD District:
a. The Zoning Administrator shall be responsible for reviewing and issuing a permit for establishment of a Mobile Food Vendor.
b. Each Mobile Food Vendor shall require a separate permit application for each unit owned or operated by the vendor.
c. No such permit shall be valid for period of longer than two (2) days in total, consecutive or cumulative.
d. No such permit shall be issued more than two (2) times per calendar year to any single property or lot of record. For purposes of this Section, the calendar year shall commence on January 1st and shall end on December 31st of each year.
e. A maximum of one (1) Mobile Food Vendor permit may be issued to any single property or lot of record within any month during any calendar year. For purposes of this Section, the calendar year shall commence on January 1st and shall end on December 31 st of each year.
f. Mobile Food Vendors shall be permitted to operate between the hours of 9:00 a.m. - 6:00 p.m. on Sunday through Thursday, and 9:00 a.m. - 9:00 p.m. on Fridays and Saturdays, within the R-LD, R-MD, A, and R-MF zoning districts, or within any established SPD District.
(2) Street Vendor Exemptions. The regulations enumerated within Section 1165.20(b)(l)(A-L) shall not apply to Mobile Food Vendors or other street vendors that sell food, beverages and/or merchandise during any special event that has received approval from the City of Loveland, that does not exceed three (3) days in duration. Notwithstanding the foregoing, nothing within this Section shall exempt Mobile Food Vendors or other street vendors from complying with Chapter 111, Chapter 731, and/or Chapter 732 of the Code of Ordinances for the City of Loveland, as amended.
(3) City-Sponsored Event Exemptions. The regulations enumerated within Section 1165.20(b)(l)(A-L) shall not apply to Mobile Food Vendors operating in conjunction with any City-Sponsored event, nor shall these regulations apply to Mobile Food Vendors located on any City-owned or city-maintained property at the request of the City of Loveland, after first receiving written approval from of the City Manager. Notwithstanding the foregoing, nothing within this Section shall exempt Mobile Food Vendors from complying with Chapter 111, Chapter 731, and/or Chapter 732 of the Code of Ordinances for the City of Loveland, as amended.
(4) Special Event Exemptions. The regulations enumerated within Section 1165.20(b)(l)(A-L) shall not apply shall not apply to Mobile Food Vendors operating in conjunction with any Special Event receiving approval from the City of Loveland pursuant to Chapter 111, Chapter 731, and/or Chapter 732 of the Code of Ordinances for the City of Loveland, as amended. Notwithstanding the foregoing, nothing within this Section shall exempt Mobile Food Vendors from complying with the provisions Chapter 111, Chapter 731, and/or Chapter 732, or any other of the Code of Ordinances for the City of Loveland, as amended.
(5) Compliance with Applicable Regulations. Notwithstanding any of the foregoing, nothing within this Section shall exempt Mobile Food Vendors from complying with all applicable federal, state, or local rules, regulations, or codes, including but not limited to, the Ohio Revised Code, the Ohio Administrative Code, or the Ohio Fire Code, with respect to the establishment, operation and maintenance of a Mobile Food Vendor on any property, public or private street, alleyway, or right-of way located within the City of Loveland Ohio.
(6) Nonconforming Uses to Remain. Existing Mobile Food Vendors established and approved prior to the date of enactment of this Section via the Special Exception review and approval process set forth within Sections 1111.07 and 1111.08 of this Code shall be permitted to remain, provided such use is not altered, enlarged, expanded, or further modified in any way whatsoever.
(7) Discontinuation of Nonconforming Use. Nonconforming Mobile Food Vendors operating as described in subsection 1165.20(b)(6) of this Section that vacate a location or otherwise terminate operations for more than thirty (30) consecutive days shall be classified as being voluntarily discontinued and shall not be reestablished except in conformance with these regulations.
(8) Outdoor and Accessory Use Kitchens Accompanying Principal Use. Existing and lawfully approved and permitted restaurants, bars, microbreweries, and other similar uses operating an outdoor kitchen, accessory structure kitchen, or outdoor food point-of-sale truck or mobile trailer for food preparation and/or service prior to the date of enactment of this Section shall be permitted to remain, provided such use is not altered, enlarged, expanded, or further modified or expanded. Notwithstanding the foregoing, such uses shall achieve the following minimum qualifications to continue operating under the exemption provided herein, as follows:
A. The outdoor kitchen, accessory structure kitchen, or outdoor food point-of-sale truck or mobile food service trailer shall be connected to the City of Loveland Municipal Water supply through an approved connection ensuring potable water. A backflow prevention device shall be required to prevent contamination of the potable drinking water source.
B. The outdoor kitchen, accessory structure kitchen, or outdoor food point-of-sale truck or mobile food service trailer shall be connected to a properly permitted and permanently installed electrical service connection that is situated on the same premises. No such use shall utilize a generator, whether integrated or standalone, or any other internal combustion engine to serve as the primary source of power to required to operate the unit.
C. In the event that the outdoor kitchen, accessory structure kitchen, or outdoor food point-of-sale truck or mobile food service trailer does not, upon inspection, meet the requirements stated within Section 1165.20(b)(8) of this Code prior to December 31, 2023, such use shall be determined to be voluntarily discontinued pursuant to Section 1165.20(b)(7) of this Code and shall not be re-established except in conformance with the requirements stated herein.
D. As of the effective date of these regulations, the use of an outdoor kitchen, accessory structure kitchen, or outdoor food point-of-sale truck or mobile food service trailer shall be prohibited unless specifically approved by the Planning and Zoning Commission as part of the Site Plan Review process.
E. Any existing or proposed outdoor kitchen, accessory structure kitchen, or outdoor food point-of-sale truck or mobile food service trailer shall prominently display a certificate of inspection, documenting compliance with all applicable regulatory agencies having jurisdiction.
(Ord. 2023-31. Passed 3-28-23.)