The Manager shall review the application for its compliance with the following criteria:
(a) (1) The preferred location for a mobile food establishment is on privately-owned, non-residential property. The applicant will identify such location, its owner, and will provide written consent of the owner to the application. The use of any such location must be consistent with the applicable zoning for the property. The Manager will not approve an application where operation of the mobile food vendor will significantly obstruct a public way, impair the movement of pedestrians or vehicles, impair the clear view of traffic, or pose any other hazard to public safety.
(2) An applicant may request permission to:
A. Temporarily operate a food cart which is not independently capable of movement on a public sidewalk within the Downtown Business District. Any proposed location where the presence of a food cart on the sidewalk must be compatible with the public interest in use of sidewalk areas as public right-of- way; and the Manager may consider the width of the sidewalk; the proximity and location of existing street installations, including but not limited to signposts, lamp posts, parking meters, bus shelters, benches, bike racks, and newspaper vending devices; the presence of bus stops, truck loading zones, and fire exits or fire escapes; pedestrian and vehicular traffic patterns; and other factors he or she deems relevant. No permitted location shall be within ten (10) feet of another permitted location. No permitted location shall be designated where the clear, continuous, unobstructed sidewalk for the passageway of pedestrians is reduced to less than six (6) feet.
B. Temporarily locate the mobile food establishment within right-of-way areas within the Downtown Business District where vehicles may otherwise lawfully park. However, all street parking by the vendor shall remain subject to all applicable restrictions within the Codified Ordinances of Wellington, including but not limited to the following: 351.03 (prohibited standing or parking places.); 351.04 (parking near curb; handicapped locations on public and private lots and garages.); 351.05 (manner of angle parking.); 351.09 (truck loading zones.); 351.11 (parking in alleys and narrow streets; exceptions.); 351.16 (prohibitions in Business District.); and 351.18 (Downtown Parking District regulations.). In consultation with the Chief of Police, the Manager shall determine whether a proposed location is compatible with the public interest in using the right-of-way, considering such factors as the width of the right-of-way, available parking, traffic, pavement durability, and the times of operation; and will not approve an application where the operation of the mobile food vendor will significantly obstruct a public way, impair the movement of pedestrians or vehicles, impair the clear view of traffic, or pose any other hazard to public safety. Any such approval for a location within the right-of-way shall be subject to change or revocation when necessitated by public safety requirements.
(b) No mobile food vendor shall provide any dining area, tables, chairs, booths, bar stools, benches, or standup counters, unless a proposal for such seating/standup arrangements has submitted with the permit application and approved by the Manager.
(Ord. 2018-32. Passed 9-17-18.)