(A) Purpose. The food cart permit process is intended to regulate food carts.
(B) Scope and applicability. The provisions of this section and other applicable sections shall apply to food carts. The food cart permit process shall apply to all food carts.
(C) Permit process. A temporary business entity license shall be obtained for a food cart in addition to the permit described herein.
(1) Application and fee. An application for a food cart permit shall be filed with the City Recorder and accompanied by the appropriate fee. The applicant is responsible for submitting a complete application. Applications are complete when the city receives written responses to all evaluation standards. Council may set the application fee amount by resolution from time to time.
(2) Review and approval process. A food cart permit application shall be submitted, reviewed, and approved each time a food cart is proposed to be in the city limits following the procedures.
(a) City staff shall review the application. Upon receipt of an application for a food cart permit, the city staff shall review the application for completeness.
1. Incomplete applications shall not be reviewed.
2. If incomplete, staff shall notify the applicant, the applicant will have 30 days to submit the needed information.
(b) The application shall be deemed complete for review either:
1. Upon receipt of the required additional information; or
2. If the applicant fails to submit the requested information, on the thirty-first day after the application was originally submitted.
(c) Within 30 days of receipt of a complete application or such longer period agreed to by both staff and the applicant, staff shall review the application and decide by evaluating the proposal against division (D) of this section.
(d) Staff shall notify the applicant of the decision in writing.
(3) Submittal requirements.
(a) The following information shall be submitted as part of an application for a food cart permit:
1. A copy of the city business license.
2. A copy of the Marion County Health Department permit.
3. A copy of the food cart vehicle license.
4. A copy of the food cart vehicle insurance.
5. A statement acknowledging the proposed food cart can be in the city limits no more than 12 times in the current calendar year and the period of each of the 12 visits cannot exceed 72 hours with no more than 24 operating hours in each 72-hour period.
6. The site shall include paved parking and drive aisles, restrooms, city water as needed, city sewer as needed, power, and a garbage container within ten feet of the food cart and maintained by the vendor.
7. When located within 250 feet of a residential zoning district shall obtain its power from an existing building on the site and no generator shall be operated on the site.
8. Shall not be located within 20 feet of a public street right-of-way.
9. The food cart shall not block driveways, entrances, or parking aisles, or be placed in a landscaped planter.
10. Proof of ownership of the subject property, or where the applicant is not the property owner, a signed authorization by the owner stating the owner will allow the food cart on the property.
(b) A site plan shall be submitted showing the following:
1. The existing building(s) with a permitted primary commercial use on the subject property and that the food cart is accessory to, and subordinate to, the permitted primary use on the site, i.e., the food cart is smaller than the existing building(s) on the site.
2. Existing accesses, parking, and drive aisles, and that they are paved.
3. The location of the landscaping on the site and that the food cart will not be in the landscaped areas.
4. Existing private and public streets.
5. The proposed location of the food cart will not be in a public right-of-way, a city park, or city-owned parking lot.
6. The proposed location of the food cart will not block driveways, entrances, or parking lot drive aisles, and it will not be within 20 feet of a public street right-of-way.
7. The proposed location of the garbage container(s) and that it is within ten feet of the food cart.
8. The location of the restrooms on the subject property, the location of city water as needed, the location of the power.
9. When the subject property is located within 250 feet of a residential zoning district, show where the food cart will obtain its power from an existing building on the site.
(4) Approval criteria. The review of a food cart permit shall be based upon compliance with the standards set forth in division (D) of this section.
(D) Standards. A food cart shall comply with the following standards and other applicable standards.
(1) A city business license shall be obtained before being in the city limits.
(2) A Marion County Health Department permit shall be obtained before applying to the city for a food cart permit and a copy of the permit shall be included in the food cart permit application.
(3) A vehicle required to be licensed by the State of Oregon shall be legally licensed and a copy of the license shall be included in the food cart permit application.
(4) A vehicle required to be insured by the State of Oregon shall be insured and a copy of the insurance shall be included in the food cart permit application.
(5) A food cart permit shall be obtained before locating in the city limits.
(6) May locate only in the Commercial-General (C-1) District and for no more than 12 times each calendar year for a period not exceeding 72 hours with no more than 24 operational hours in each 72-hour period.
(7) Shall not locate in a public right-of-way, a city park or city-owned parking lot, except where it is part of a “special event permit” approved by the City Council where it would be allowed to locate in a public right-of-way, city park or city-owned parking lot.
(8) Shall be accessory to, and subordinate to, a permitted primary commercial use on the site.
(9) The site shall include paved parking and drive aisles, restrooms, city water as needed, city sewer as needed, power, and a garbage container within ten feet of the food cart and maintained by the vendor.
(10) When the subject property is located within 250 feet of a residential zoning district, the food cart shall obtain its power from an existing building on the site and no generator shall be operated on the site.
(11) Shall not be located within 20 feet of a public street right-of-way.
(12) The food cart shall not block driveways, entrances, or parking lot drive aisles, or be placed in a landscaped area required by the development code.
(E) Expiration of approval; no extension of time.
(1) Permits shall be effective for a 72-hour period beginning on the day the food cart is located on the subject property.
(2) Permits shall be voided immediately if the standards in division (D) of this section are violated.
(3) No extension of the 12 times per calendar year or the 72-hour period is allowed.
(Ord. 767, passed 10-9-2023)