Mobile food units listed in this section may be allowed on a temporary and limited basis upon issuance of a permit by the Zoning Administrator, subject to the regulations and conditions prescribed by this section, and to any additional conditions imposed on the permit. Said regulations and conditions shall be the minimum standards deemed necessary to ensure that the public health, safety, welfare, property values and essential esthetics will be preserved, and no mobile food unit shall be permitted that may adversely affect any such public interest.
(A) Permit required.
(1) A temporary use permit shall be obtained by the property owner prior to advertising, commencement or operation of any mobile food unit allowed by this section. Applicants are encouraged, but not required, to submit such application at least ten days prior to the intended date for any mobile food unit. The Zoning Administrator shall distribute copies of permit application to relevant city departments for review and comment.
(2) A temporary use permit for mobile food units is issued for a specific property but may be issued for multiple dates/times for said specific property.
(3) Mobile food units may be subject to additional permits or inspections as required by any applicable law or regulation, including but not limited to permits for health and sanitation.
(4) It shall be unlawful for any person to engage in the sale of food or beverages to the public from a mobile food unit within the city without the property owner first obtaining a temporary use permit from the city.
(B) Mobile food units. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPROVED EVENT. A larger event, such as a farmers’ market, music festival, or similar activity that has been approved by the city with a conditional use permit. An APPROVED EVENT would also include events on public property, including city parks, with the authorization and approval of the Parks and Recreation Director and/or the City Council.
CATERED EVENT. Any event where a business or entity has requested the mobile food unit to provide food for a targeted audience and where the food is served to the customers within a building, structure, or facility and not directly from the unit, or where the business or entity requesting the service is paying for the food in a single lump sum payment rather than individual patrons paying for their food themselves.
MOBILE FOOD UNIT. Any type of food establishment that is a readily movable vehicle (on wheels), that is self-propelled (driven), or can be pulled to a location and used for the vending of food or beverage items to the public.
MOBILE FOOD VENDOR. A person engaged in the business of selling food or beverages from a mobile food unit.
(C) Mobile food units on public property. No mobile food unit may be operated on public property, including any city park or right-of-way except as part of an approved event or as authorized by the Parks and Recreation Director, the Police Department, and/or the City Council. Additional performance standards or operating on public property may be required in addition to those listed below in division (E).
(D) Fire Department inspection. Mobile food units allowed by this section whether on private or public property shall comply with the following requirements:
(1) All mobile food units that have cooking facilities, are equipped with a fixed or portable generator, or use products with grease laden vapors shall be inspected by the Fire Department prior to initiation of business operations within the city.
(2) On-site inspections are required. It shall be the obligation of the mobile food vendor to schedule the inspection with the Fire Department on the first day the vendor is operating at each property.
(3) All mobile food units shall have an acceptable fire suppression system, as determined by the Fire Department.
(E) Mobile food unit performance standards. A mobile food vendor conducting business from a mobile food unit on private property must do so in compliance with the following standards (unless modified as part of an approved event):
(1) The mobile food vendor must obtain expressed written consent of the property owner or lessee to use the property on which they propose to operate.
(2) Mobile food units are only allowed on nonresidential properties, except in the case of an approved residential block party or catered event (in compliance with all other city code requirements related to residential property).
(3) Mobile food units are limited to hours of operation between 6:30 a.m. and 10:00 p.m.
(4) Mobile food units must maintain a minimum separation between units of 15 feet.
(5) Mobile food units may not diminish the usable number of parking spots below the minimum threshold needed as established by the city and must be located on a paved surface.
(6) No drive-up service to the mobile food units unit is allowed.
(7) No mobile food unit may operate within 100 feet of a permanent restaurant or business offering food or beverage services unless they receive expressed written consent of the restaurant or business owner.
(8) All mobile food units shall maintain a minimum separation from buildings of 20 feet, as measured to the closest building element (wall, awning, canopy, etc.).
(9) The window or area where a person orders and receives their purchase shall be located so as to not require a person to stand, or create a line that may cause pedestrians to be in the public right-of-way, vehicle travel lane, including parking lot drive aisles, or similar situation that may create a potential safety hazard. Adequate safe space for persons waiting for their order must be available on the property where the mobile food unit is located.
(10) No mobile food unit shall be placed on a public or private sidewalk.
(11) Signs are limited to those that are attached to the exterior of the mobile food unit and must be mounted flat against the unit and not project more than six inches from the exterior of the unit. No freestanding signs, banners, flags, or off-premise signs are allowed.
(12) The mobile food vendor shall provide a trash receptacle for use by customers and shall keep the area around the mobile food unit clear of litter and debris at all times.
(13) All mobile food units shall be located in such a manner as to not create a safety hazard, such as blocking emergency access to buildings and the site, obstructing access to fire hydrants, impeding entering and exiting from a building, creating a visual impediment for the motoring public at drive entrances, intersections, pedestrian crossings, or similar movement and access. No unit shall be located in any handicapped accessible parking space or obstruct these parking spaces in any way.
(14) The use of music or sound making devices is prohibited.
(15) No mobile food unit shall be left unattended or stored on any site overnight.
(F) Application for temporary use permit. Applications shall be made by the property owner on the form provided by the Zoning Administrator and include the following:
(1) State Health Inspection Certificate;
(2) Site plan drawing showing proposed location as well as dates and hours of use;
(3) Make, model and year of vehicle to be used and the license plate number;
(4) Fee.
(G) Violations and penalties.
(1) A mobile food unit as listed in this section is not allowed by right under this code, and is deemed a restricted privilege that may be allowed by discretion and exception only upon a finding by the Zoning Administrator that the use complies with all regulations and requirements at the time of commencement and on a continual basis.
(2) A permit may be suspended or revoked by the Zoning Administrator if the Zoning Administrator finds that the permit appears to have been obtained through fraud or misrepresentation, or is in violation of any regulation or requirement, by providing written notice to the applicant at the address provided on the permit application and setting forth the reasons for such suspension or revocation.
(3) Any violation of this section shall be subject to the same penalties as any other violation of the Zoning Code.
(Ord. 2021-08, passed 4-6-2021)