ORDINANCE NO. 2023-07

AN ORDINANCE ADOPTING AN AMENDMENT TO MAPLETON CITY CODE TITLE 18.84.435 REGARDING REGULATIONS ON MOBILE FOOD TRUCKS

WHEREAS, Mapleton City Code (MCC) title 18 is the City’s zoning ordinance; and

WHEREAS, the proposed amendments to title 18 are intended to ensure that Mapleton City Code is consistent with state code requirements and to follow current best practices for food trucks; and

WHEREAS, the Planning Commission recommended approval of the proposed amendments on October 26, 2023.

NOW THEREFORE, BE IT RESOLVED by the City Council of Mapleton, Utah, to adopt Mapleton City Code Section 18.84.435 as described in Exhibit “A.”

PASSED AND ORDERED PUBLISHED BY THE CITY COUNCIL OF MAPLETON, UTAH,

This 6th Day of December, 2023.

______________________________   

                     Dallas Hakes

Mayor

ATTEST:

___________________________

Camille Brown

City Recorder

Publication Date: December 7, 2023                         

Effective Date: December 7, 2023   

Exhibit “A”

MCC Section 18.84.435 – Mobile Food Trucks

A.   Purpose and Objectives: The purpose of this section is to provide clear and concise regulations for the use and operation of mobile food trucks in Mapleton City in accordance with Utah Code Section 11-56. These regulations are established to prevent hazards to safety, traffic, or health, as well as to preserve the peace, safety, and welfare of the community. Moreover, this ordinance recognizes that mobile food truck businesses are meant to be temporary in nature.

B.   Definitions: Refer to Utah Code Section 11-56-102

C.   Business License required: No person or entity shall operate a mobile food truck business within Mapleton City without first obtaining and holding a current business license from the City, unless one of more of the following exceptions apply:

1.   The mobile food truck operator has a valid business license and fire safety approval from another political subdivision in Utah and has a current health department permit. Evidence of compliance with this exception shall be provided to the City upon request.

2.   The mobile food truck is being operated within the City as part of an approved special event permit or City sponsored event.

D.   Operating on private property in commercial or industrial zones: Mobile food trucks may operate on private property in any commercial or industrial zone with the following conditions:

1.   The mobile food truck operator must have authorization from the land owner.

2.   Mobile food trucks may not operate on the same property for more than four (4) days per calendar week. When not in operation, the mobile food truck shall be removed from the property or stored within a completely enclosed structure on the property.

3.   If a private property owner proposes to have a food truck on site for more than four (4) days per calendar week, a project plan application shall be filed with the community development department and approved by the planning commission. All site, parking, lighting and landscaping requirements identified in section 18.92 of this code shall apply.

E.   Operating on private property in residential zones: Mobile food trucks may operate on private property in any residential zone with the following conditions:

1. The mobile food truck is serving a private event at the request of the private

property owner.

2. The mobile food truck shall not operate on the same property for more than

two (2) consecutive days per calendar week.

F.   Operating within the Public Right-of-Way: Mobile food trucks may operate within the public rights-of-way of the City with the following conditions:

1.   The right-of-way shall be located within the commercial or industrial zones only except as provided for in subsection “G”.

2.   Mobile food trucks shall not operate within the right-of-way of any highway owned by the Utah Department of Transportation unless part of a City sponsored event or special event permit.

3.   Mobile food trucks may only operate where sidewalk improvements exist and when the serving area is facing the sidewalk and the food truck is not located within the travel lane.

4.   Mobile food trucks shall not block driveways, ADA ramps, and shall not park on the park strip.

5.   Mobile food trucks shall not operate for more than twelve (12) hours within a twenty-four (24) hour period at any one (1) location, and must be removed from the public right-of-way location upon close of business each day.

6.   No mobile food truck may be parked in the public right-of-way overnight.

G.   City Facilities: A mobile food truck shall not operate on City-owned property or in the public right-of-way adjacent to City-owned property unless:

1.   The mobile food truck has been invited as part of a City sponsored event; or

2.   The mobile food truck is operating as part of a special event permit that has been approved by the Parks and Recreation Director.

H.   Drive-Thru: Mobile food trucks shall not operate as a vehicle drive-thru.

I.   Signage: All signage shall conform to the sign provisions of chapter 18.86 of this code.

J.   Noise: All food trucks shall adhere to the Disturbing the Peace regulations outlined in Section 9.12.040 of this code.

K.   Accessory Structures: All temporary structures adjacent to the food truck shall conform to the accessory structure provisions set forth in 18.26.020 of this code and are subject the following conditions:

1.   Accessory structures are not allowed within the public right-of-way unless part of a City sponsored event or special event permit.

2.   Any accessory structure that is two hundred (200) square feet in size or larger shall require a building permit application approval prior to installation or placement.

3.   Accessory structures shall be removed when a mobile business vacates a site.