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HomeMy WebLinkAboutFood Court OverlayThis Ordinance applies only to mobile vending locations on private property. This is intended to apply to the property owner. Action Items for Land Use Ordinance: CUP Overlay County Assessor Approved area map Annual Registration Fee $500.00 Site Improvements Parking Trash Utilities Bathroom? Health and Building Code Fire Building Health New Ordinance for codification Define meaning of permanent Location is permanent, not tied to the vendor “Campground for food vendors” Vendor vehicles must be consistent with mobile vehicle Ordinance XXXX: Food Court Overlay Section1. Purpose To regulate properties within the City of Rexburg seeking to establish an area for the renting or leasing of space for long term use by mobile vendors.   Section 2. Prohibitions No one shall occupy or locate long term mobile vendor within the City of Rexburg except in conformity with these regulations. Section 3. Definitions As used in this chapter and in any ordinance regulating a Food Court Overlay, the following terms shall have the following meanings, except where the context clearly indicates that a different meaning is intended and except where an ordinance concerning a particular business contains a specific provision to the contrary: Approved: means complying with all applicable state laws and city ordinances. The word “approved" does not give any city officer or employee discretion to fail to approve any item or method, except for failure to comply with applicable city ordinances and state laws. Business District: Commercial Business District Community Business Center General Business District Neighborhood Business District Regional Business District Mixed Use City: means the city of Rexburg, Idaho. City Officer: When duties and responsibilities are given to any city officer such as the City Clerk or the Chief of Police, the duties may be performed by the named officer or any city officer or employee under that officer's supervision, if that city officer or employee has been assigned by his superior to perform the duties in question. Duties concerning drafting regulations, drafting forms or making recommendations to the governing body of the city are not to be delegated. Duties concerning administrative appeals are not to be delegated. Clerk: means the City Clerk. The licensing or registration officer of the City of Rexburg. CUP: means a conditional use permit. Dangerous: means not safe. See "safe.” Food Court: means an area that consist of a number of vendors at permanent sites in an open-air location with designated stalls or areas. The food may also be ordered as takeout for consumption at another location, such as a home, or workplace. Food Court Overlay: means a CUP which allows the establishment of a Food Court in a designated commercial zone. License or registration appeal: means an appeal in accordance with city ordinances relating to license or registration appeals. License or registration year: means the period for which business licenses or registrations are issued. In the absence of a specific provision to the contrary relating to a particular business, the license or registration year is from January 1st to December 31st of the following year. Long Term Vendor: A Long-Term Vendor is a vendor, mobile vending cart, mobile vending trailer, mobile vending vehicle or mobile structure which remains in one location for more than 24 hours. Mobile Vending Cart: A movable push cart that is operated by a vendor standing on the sidewalk and does not remain at the same location for more than two hours Mobile Vending Trailer: A mobile trailer operated by a vendor standing on or within the frame of the trailer and must submit a site plan if intended for seasonal vending. Mobile Vending Vehicle: A motorized vehicle operated by a vendor standing on or within the frame of the vehicle, which vehicle is capable of moving under its own power. Mobile Structure: A self-contained structure capable of moving or of being moved readily or relatively easy from place to place or changing quickly from one state or condition to another; tending to travel and relocate frequently. Parking: As defined in this chapter, and in the Rexburg Development Code (Section 3.04 “Parking Standards for All Zones) Person: means an individual or a corporation, firm, partnership, association or business entity. Public Safety Officer: Is defined as a city licensing officer, fire fighter, police officer, and meter monitor. Safe: means having no defect in design, materials, workmanship, method of installation or method of normal use which creates a hazard to any person or property. Vendor: A business, other than a mobile vendor, exhibiting goods or services within the City of Rexburg from a temporary or mobile structure or vehicle or in a similar temporary manner for more than fourteen (14) days in any year. Is defined as any person, including an employee or agent of a group of individuals, partnership, or corporation, who sells or offers to take orders or sell food, beverages, goods, or merchandise from a mobile vending cart, mobile vending vehicle, or mobile vending trailer, or any other type of conveyance or from his or her person. The word vendor shall include the words "hauler", "huckster" and "peddler". Vending Location: stalls at a specific location designated for the placement of a mobile food vendor. Section 4. Types of fees The following are the types of fees that are covered by this chapter: A permit or registration fee, paid by the owner of the property for the issuance of the Food Court Overlay; Impact Fees A license or registration fee, paid by the operator of the business for the issuance of the license or registration; A nonrefundable processing fee, covering the cost of processing an application. This type of fee shall be charged per the City’s fee list. This fee shall be in addition to the license or registration fee. Section 5: Fees The property owner and or developer shall be responsible to pay City Impact Fees as defined in the City of Rexburg Impact Fee ____. The property owner and or developer shall be responsible to pay an annual $500 fee for each vendor location. Section 6. Conformity Properties within the following Business Districts: Commercial Business District, Community, Business Center, General Business District, Neighborhood Business District, Regional Business District and Mixed Use, may apply for a Conditional Use Permit to allow for the designation of a “Food Court Overlay.” However, the following conditions must be met in order to qualify for this CUP: Food Court Vendor Density: Food Court locations shall be a maximum of 15 sites per acre with a minimum average of 2,200 square feet per site, excluding buffer zones and common areas. Tenants: Property owner is responsible for proper control of vendors, site management, removal of garbage, and parking of additional vehicles. The property must provide designated sites to accommodate Mobile Vending Trailer. Mobile Vending Trailers located on the property must be capable of moving or of being moved relatively easily; they must retain their ability to be mobile. Mobile Structures, such as shacks, sheds, etc. are prohibited. Structures which are tied to a foundation are prohibited. Section 7. Site Requirements Purpose and Objectives Site Design and Relationship to the Surrounding Community. Food Court areas should provide safe, convenient, and efficient access for vehicles and pedestrians. Regulations. These regulations protect and enhance property value, retain the open character of a surrounding properties, and protect health and safety. Site Improvements: All vending locations shall be located on well drained ground, properly graded to ensure rapid drainage and be free from stagnant pools of water. Parking spaces shall be provided with adequate drainage which shall not run across a public sidewalk. Building Permits Required When a Food Court Overlay is requested, or enlarged, or remodeled, or the capacity an existing Food Court increased, a site plan shall be submitted to and approved by the City Engineer. All new parking lot construction or changes in parking lots require a building permit. No person shall erect, construct, enlarge, alter, repair, move, convert, or demolish any building, sidewalk, driveway, carport, parking area or any other structure, without first obtaining a building permit for each building, sidewalk, driveway, carport, parking area or any other structure from the City. Screening Food Courts must be screened from public or private right-of-way and other uses and from the adjoining streets to minimize the visual impact of off-street parking. Fences, hedges, berms and landscaping can be used to screen parking areas. Front Yard Berm Buffer. Front yard setbacks shall be buffered with minimum ten (10') feet wide, two (2') feet high landscape berm planted with bushes and trees. Required Buffer. The buffer shall consist of a minimum five (5') feet wide landscaped strip to be planted with one (1) tree and five (5) shrubs per thirty (30') lineal feet. (See 3.02.100.) Shall be separated from the city right-of­ way with a minimum ten (10') feet wide buffer with the required landscape trees and bushes as described in 3.04.040.e.4a. A six (6') feet high vinyl or masonry fence may be substituted for the landscape buffer, but not in the front yard or front yard setbacks. (See fencing requirements.) Land Scaping Landscaping must be maintained as in its original design and purpose. Landscaping and Snow Storage. Food Courts shall dedicate ten (10%) percent of the area to landscaping and snow storage. The landscaping may be interior or may be peripheral and shall include groundcover and trees. Lighting All lighting for parking areas shall be directed and, when necessary, shielded so as not to produce direct glare on adjacent properties, and shall comply with the City' s lighting ordinance. Food Court Surface All Food Court Vending Locations shall be located on well drained ground, properly graded to ensure rapid drainage and be free from stagnant pools of water. Asphalt or concrete is not required for storage areas or storage facilities when an improved and maintained grass or gravel surface is provided. All parking areas, aisles and driveways shall be surfaced with asphalt or concrete. Parking All parking lots shall be paved in accordance with Development Code Section 3.4 Whether attached to individual vendor location or otherwise, each vending location shall provide adequate space for the parking of at least four (4) motor vehicle per vending location in addition to the site provided for the vending unit, which occupies each such site. Each such parking space shall be at least 20 feet in length by 10 feet in width and shall not block access by emergency vehicles. Trash The property owner must provide trash receptacles and waste removal adjacent to each tenant. Utilities: Utility service connections are permitted. Property owner shall provide water and sewage systems, sanitary stations, and convenience facilities in accordance with the regulations of the State Plumbing Code and the State of Idaho Department of Environmental Quality. Restrooms There shall be a minimum of 1 (one) toilet or lavatory for every five vendors, with a minimum of 1 per overlay. These facilities shall be meet the regulations set forth by the State Plumbing Code and the State of Idaho Department of Environmental Quality. Section 8. Food Overlay Change of Use The approval and issuance of a Food Court Overlay shall be considered a change of use and be reported to the County Assessor’s Office. Overlay approval must comply with buffering for each zone as stated in the Development Code as though they are a business. Section 9. Location Restrictions No business activity shall be carried on or registered in any area of the City where such business activity is prohibited or violates setbacks as established by the City of Rexburg Development Code. Section 10. Additional Restrictions Mobile Vending Cart, Trailer, and Vehicle standards Mobile vending carts, trailers, and vehicles must be designed and built meeting normal industry standards and used in a safe manner. Generators on mobile vending carts, trailers, and vehicles powered by gasoline are prohibited. Only generators powered by propane are acceptable. Generators shall not be placed on the ground. Mobile vending carts, trailers, and vehicles must have the BBQ grill enclosed and permanently built into the structure of the vendor cart, trailer, or vehicle. An approved hand-held fire extinguisher is required and if a heating or cooking appliance is used; a five pound “K” fire extinguisher is also required. With the exception of merchandise or food items to be sold, mobile vending carts, trailers, and vehicles presented for inspection shall be exactly as they will appear when operating, including any food rack. Support equipment and accessories, other than the generator and the propane tanks must not extend more than four (4) feet from the edge of the cart, trailer, or vehicle in any direction and shall not be placed so as to impede pedestrian traffic. Umbrellas, canopies, or other covers used on mobile vending carts, trailers, or vehicles must be securely fastened. 9. Mobile vending carts, trailers, and vehicles shall have a clean appearance at all times and comply with all codes.