(a) Applicability. The requirements of this Section shall apply to any vendor engaged in mobile food vending or the use of a food truck operation within the City of Loveland, Ohio, as follows:
(1) Any vendor engaged in mobile food vending or the use of a food truck operation not subject to the provisions enumerated within Chapter 1165, Section 1165.20 of the Planning and Zoning Code for the City of Loveland, Ohio shall be subject to these regulations, unless otherwise specifically exempted.
(2) Any vendor engaged in mobile food vending or the use of a food truck operation that seeks to conduct business within the public right-of-way, whether mobile or immobilized, shall be subject to these regulations.
(3) Any vendor engaged in mobile food vending, or the use of a food truck operation entirely upon private property and receiving a permit issued pursuant to Chapter 1165, Section 1165.20 of the Planning and Zoning Code for the City of Loveland, Ohio, shall only be subject to Section 732.03 of this chapter.
(4) The requirements of this Section shall not apply to vendors receiving an exemption pursuant to Section 732.04 of this Chapter.
(b) Application Fee. Vendors engaged in mobile food vending activities, or the use of a food truck as regulated by this Chapter shall not be subject to the fees for transient businesses or transient vending but shall instead be subject to the fees for mobile food vending and food trucks as set forth by City Council in its Fee Ordinance.
(c) Application and Approval Process. The application process for vendors engaged in mobile food vending or the use of a food truck as regulated by this Chapter shall follow the application and approval process and filing requirements established within Section 732.02 and Section 732.03 of this chapter.
(d) Time Limitation for Approval. Vendors engaged in mobile food vending activities, or the use of a food truck as regulated by this Section shall be authorized to apply for a permit to operate pursuant to this Chapter, provided however, that no single permit shall be valid for more than five (5) calendar days, consecutive or cumulative, unless specifically authorized by the Zoning Administrator.
(e) Compliance with Planning and Zoning Code. Mobile Food Vendors and Food Trucks meeting the requirements of Section 732.05(a)(1-2) of this Chapter shall comply with the
following requirements:
A. A Mobile Food Vendor 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.
B. A Mobile Food Vendor 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.
C. 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 or rights-of-way.
D. No Mobile Food Vendor shall be parked, operated, or located within a designated fire lane.
E. A Mobile Food Vendor shall remove its mobile, non-motorized wagon, cart, trailer, or motorized vehicle at the end of each business day, unless otherwise authorized by the City Manager or a designated representative.
(f) Additional Performance Standards. In addition to the requirements noted in subsection (e) hereof, Mobile Food Vendors and Food Trucks that are subject to the provisions of this Chapter shall meet the following additional requirements:
(1) Mobile Food Vendors and Food Trucks shall not impede access to the entrance of any adjacent building or driveway and shall be placed at least ten (10') feet from any existing access drive or curb cut.
(2) No Mobile Food Vendor or Food Truck shall operate in a manner as to impair or hinder line of sight for vehicles and/or pedestrians entering or exiting any public roadway, onto any other public or private street, road, access driveway, alleyway, or other intersection.
(3) No Mobile Food Vendor or Food Truck shall conduct business within twenty-five (25') feet of any handicapped parking space or access ramp established pursuant to the Americans with Disabilities Act (ADA).
(4) No Mobile Food Vendor or Food Truck, as regulated by this Section, shall operate within any residential zoning district, as established by the City of Loveland Planning and Zoning Code, unless otherwise authorized by the Zoning Administrator. In addition, any vendor seeking to operate within a residentially zoned area that is also subject to a recognized Homeowner's Association (HOA) shall first obtain approval from the HOA prior to applying to the City for a permit pursuant to this Chapter.
(5) Mobile food vendors and Food Trucks, as regulated by this Section, shall comply with the following hours of operation restrictions, based upon the zoning district in which the proposed operation will occur:
A. Mobile Food Vendors and Food Trucks that are authorized to operate within the H, O-R, B-R, B-C, CCD, and L-1 zoning districts shall be permitted to operate between the hours of 8:00 AM -11:00 PM.
B. Mobile Food Vendors and Food Trucks that are authorized to operate within the R-LD, R-MD, A, and R-MF zoning districts, or within any established SPD District shall be permitted to operate between the hours of 9:00 AM - 6:00 PM on Sunday through Thursday, and 9:00 AM - 9:00 PM on Fridays and Saturdays.
(g) Compliance with Other Regulations. Mobile Food Vendors and Food Trucks regulated by this Chapter shall comply with the requirements of Section 1165.20(b)(5) of the Planning and Zoning Code, specifically with regard to documenting compliance with all applicable federal, state, and local rules, regulations, and codes not otherwise referenced in this Section.
(h) Supplementary Conditions and Safeguards. In granting any permit, the Zoning Administrator may prescribe appropriate conditions and safeguards to assure conformity with the intent of this Chapter, any other adopted City Ordinance or policy, or as required to protect public health and safety. Violation of such conditions and safeguards when made a part of the terms under which a permit is granted shall be deemed a violation of this chapter, punishable under Section 732.99 of this Chapter.
(i) No Mobile Food Vendor or Food Truck applicant, owner, or operator receiving a permit to Operate pursuant to this Section on public property or any public street or right-of-way shall allow any person who is a currently registered sex offender, or has been previously convicted of a felony offense, to engage in any activity as regulated by this Chapter.
(Ord. 2023-93. Passed 9-12-23.)