HomeMy WebLinkAboutOrd No 1263 Dev Code Ord 1200 - Adopt Chpt 9.4 Mobile VendingInstrument # 446903
REXBURG, MADISON, IDAHO
144-2022 01:50:15 PM No. of Pages: 16
Recorded for: CITY OF REXBURG
KIM H. MUIR Fee: 0.00 _O�/
Ex-OfOclo 1 Recorder Depuly c�J A
CITY OF
REXBURG
Amaicas Family Community
CITY OF REXBURG ORDINANCE NO.1263
DEVELOPMENT CODE ORDINANCE 1200 AMENDMENT —ADOPTING
CHAPTER 9.4 MOBILE VENDING COURTS
AN ORDINANCE AMENDING THE CURRENT DEVELOPMENT
CODE (PLANNING AND ZONING ORDINANCE NO. 1200)
CONCERNING SUBSTANTIVE AND NON -SUBSTANTIVE ITEMS; THE
FOLLOWING CHANGES HAVE BEEN MADE: ADDITION OF
CHAPTER 9.4 MOBILE VENDING COURT WHICH OUTLINES
REGULATIONS FOR A PARCEL WITH FOUR (4) OR MORE MOBILE
VENDORS DOING BUSINESS AT THAT LOCATION; DEFINING AND
SETTING REGULATIONS FOR MOBILE VENDORS; DEFINING AND
SETTING REGULATIONS AND LOCATIONS FOR SIDEWALK AND
STREET VENDORS; PROVIDING FOR VIOLATION OF THE
PROVISIONS OF THE ORDINANCE; PROVIDING FOR
ENFORCEMENT OF THE ORDINANCE; AND PROVIDING FOR THE
EFFECTIVE DATE OF THE ORDINANCE.
WHEREAS, The City of Rexburg is incorporated as an entity of the State of Idaho;
and
WHEREAS, the State of Idaho Statutes are used by the City of Rexburg
as theprimary source of code compliance; and
WHEREAS, Rexburg City Codes are subordinate to Idaho State Code.
NOW THEREFORE, be it ordained by the Council of the City of
Rexburg, in theState of Idaho, as follows:
SECTION 1: AMENDMENT "Addition of Definitions in the M-N
Section" of the Rexburg Development Code ishereby amended as follows:
AMENDMENT
Mobile Vending Court: An area that consists of four (4) or more vendors in an
open-airlocation with designated stalls or areas.
Mobile Vending Pushcart: A moveable pushcart that is operated by a vendor standing on
thesidewalk or street. (See vendor.)
Mobile Vending Structure: A temporary, approved structure for mobile vending.
Mobile Vending Trailer: A mobile trailer operated by a vendor standing on or within
thefxame of the trailer.
Mobile Vending Vehicle: A self-contained, motorized vehicle operated by a vendor
standingon or within the frame of the vehicle, which is capable of moving under its own
power. (Ex: Bus, Van)
SECTION 2: AMENDMENT "Addition of Definitions in the V-Z
Section" of the Rexburg Development Code ishereby amended as follows:
AMENDME
NT
Vending Location: Stalls at a specific location designated for theplacement of a mobile
vendor.
Vendor: Any person, including an employee or agent of a group of individuals,
partnership, orcorporation, 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".
A. Mobile Vendor: A business exhibiting goods or services from a mobile vending
vehicle, mobile vending trailer, or mobile structure or in a similar mobile
manner except sidewalk vending carts , or which is operating during an approved
public eventon property owned or leased by a governmental entity, with
approval of the event organizer.
1. Mobile Vendor Locations.
a. Mobile Court Vendor. A mobile vendor on private property.
b. Pushcart Vendor. A daily mobile vendor, vending from a
mobilepushcart to persons on the designated public right-
of-way.
c. Street Vendor: A daily mobile vendor, in a designated
parallel parking stall selling only to persons or pedestrians on
the sidewalk.
2. Mobile Vendor Operation Times.
a. Daily Vendor. A business exhibiting goods or services within
the Cityof Rexburg from a temporary or mobile structure or
vehicle for not more than eighteen (18) hours in twenty-four
(24) hours on any one site.
(1) Special Events. Hours of operation may be amended
with approval of a Public Gathering Permit allowing
setup and take -down to occur one hour before and
after the stated times.
b. Private Property Vendor. A business exhibiting goods or
serviceswithin the City of Rexburg from a temporary or
mobile structure orvehicle, or in a similar manner on private
property for greater than fourteen (14) days in a calendar
year.
c. Temporary Vendor. A business exhibiting goods or services
withinthe City of Rexburg from a temporary or mobile
structure or vehicle,or in a similar manner for less than
fourteen (14) days in a calendaryear.
SECTION 3: AMENDMENT "5.01.020 Permitted Uses" of the
Rexburg Development Code is hereby amended as follows:
AMENDMENT
5.01.020 Permitted Uses for Mobile Food Courts in the Mixed Use (MU) Zone
In the mixed -use (MU) zone, residential, commercial, and institutional uses may
occupy thesame building and lot. The following principal uses and structures indicated
as "P", and no others, shall be permitted in the MU zone. The following uses and
structures indicated as "CUP" may be permitted in the MU zone only after a
Conditional Use Permit has been approved, and subject to the terms and conditions
thereof.
MIXED USE
Food
Bakeries & Doughnut Shops
P
Candy, Nut & Confectionery & RelatedProducts
P
Eating Places; Restaurants* (No drive -through)
P
Eating Places; (Drive -through)
CUP
Fruits & Vegetables
P
Grocery Stores
CUP
Mobile Vending Court
CUP
Specialty Food Stores (Meat, dairy, etc.)
CUP
SECTION 5: AMENDMENT "6.01.020 Permitted Uses" of the
Rexburg Development Code is hereby amended as follows:
AMENDMENT
6.01.020 Permitted Uses for Mobile Food Courts in the Community Business Center (CBC)
Zone
The following principal uses and structures indicated as "P", and no others, shall be
permitted in the CBC zone. The following uses and structures indicated as "CUP" may
be permitted inthe CBC zone only after a Conditional Use Permit has been approved,
and subject to the terms and conditions thereof.
COMMUNITY BUSINESS CENTER (CBC)
Food
Bakeries
P
Candy, Nut Confectionary
P
Eating Places; Restaurants
P
Food Stores
CUP
Food Lockers
P
Fruits & Vegetables
P
Miscellaneous Retail Food
P
Mobile Vending Court
CUP
Seasonal Food Sales (Street & Road -side Stands)
P
SECTION 7:AMENDMENT "7.01.020 Permitted Uses" of the Rexburg
Development Code is hereby amended as follows:
AMENDMENT
7.01.020 Permitted Uses for Mobile Food Courts in the Light Industrial (LI) Zone
The following principal uses and structures indicated as "P", and no others, shall be
permittedin the LI zone. The following uses and structures indicated as "CUP" may be
permitted in theLl zone only after a Conditional Use Permit has been approved, and
subject to the terms and conditions thereof.
LIGHT INDUSTRIAL (LI)
Food
Bakery Products
P
Canning - fruits, vegetables, preserves, jams, specialty, etc.
CUP
Confectionery & Related Products
P
Dairy Products
CUP
Eating Places; Restaurants
CUP
Frozen Fruits, Fruit Juices, Vegetables, etc.
P
Mobile Vending Court
CUP
Poultry and Small Game Dressing and Packing
CUP
Restaurants
CUP
SECTION 8: AMENDMENT "8.02.020 Permitted Uses" of the
Rexburg Development Code is hereby amended as follows:
AMENDMENT
8.02.020 Permitted Uses for Mobile Food Courts in Public Facilities (PF) Zone
The following principal uses and structures indicated as "P", and no others, shall be
permittedin the PF zones. The following uses and structures indicated as "CUP" may be
permitted in thePF zones only after a Conditional Use Permit has been approved, and
subject to the terms and conditions thereof.
PUBLIC FACILITIES
Food
Mobile Vending Court
CUP
SECTION 9: AMENDMENT "8.03.020 Pertnitted Uses" of the
Rexburg Development Code is hereby amended as follows:
AMENDMENT
8.03.020 Permitted Uses for Mobile Food Courts in the University District
The following principal uses and structures indicated as "P", and no others, shall be
permitted in the UD zones. The following uses and structures indicated as "CUP" may
be permitted inthe UD zones only after a Conditional Use Permit has been approved,
and subject to the termsand conditions thereof.
UNIVERSITY DISTRICT
Food
Food Lockers
P
CUP
Mobile Vending Court
SECTION 10: ADOPTION "9.4 MOBILE VENDORS" of the Rexburg
Development Code is hereby added as follows:
ADOPTION
9.4 MOBILE VENDORS(Added)
SECTION 11: ADOPTION "9.04.010 Purpose" of the
Rexburg Development Code is hereby addedas follows:
ADOPTION
9.04.010 Purpose(Added)
To regulate properties within the City of Rexburg seeking to establish an area for the
renting orleasing of space for use by Mobile Vendors.
SECTION 12: ADOPTION "9.04.020 Definitions" of the
Rexburg Development Code is hereby added as follows:
ADOPTION
9.04.020 Definitions (Added)
The following terms are defined in Chapter 2, 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:
• Mobile Vending Court
• Mobile Vending Pushcart
• Mobile Vending Trailer
• Mobile Vending Vehicle
• Vendor
• Mobile Vendor Locations
• Vendors: Mobile Court, Pushcart, Street, Daily, Private Property & Temporary
SECTION 13: ADOPTION "9.04.030 General
Requirements" of theRexburg Development Code is hereby added as follows:
ADOPTION
9.04.030 General Requirements(Added)
A. Business license. (Ste A! ui al Coda 6. L)The City of Rexburg requires a
BusinessLicense for Mobile Vendors, whether in a Mobile Vending Court or
not. (See Municipal Code 6.1.)
B. Fees. The current permit, inspection, and license fees for Mobile Vending
Courts andMobile Vendors are set by resolution and may be found in the City of
Rexburg_MasterFee List.
1. All fees shall be paid in advance.
C. Clean & Compliant. Mobile vending pushcarts, trailers, and vehicles shall
have aclean appearance at all times and comply with all codes.
D. Clear Pedestrian Pathway. Where mobile vendors are located on a public
sidewalk,a five (5) feet clear pedestrian pathway on the sidewalk must be
maintained.
E. Customer Service Area. The Customer Service Area shall be on a hard surface.
F. Inspection. With the exception of merchandise or food items to be sold, the
mobilevending pushcarts, trailers, and vehicles presented for inspection shall
be exactly asthey will appear when operating, including any food rack.
G. Liquid Waste. Liquid waste must be disposed of in a designated facility that
must becertified annually.
1. Certify. Mobile vendors with liquid waste shall certify that they are
disposingof their liquid waste in a manner which conforms to local,
state, and federal rules, laws, or ordinances.
H. Location. The mobile vending pushcart, trailer, or vehicle must be placed on
an areawith a hard surface of concrete or asphalt.
1. No vendor shall have exclusive tight to any location in a public street,
nor shall they be permitted to operate in any congested area where their
operationsmay impede or inconvenience the public.
2. Mobile Vending Court Required. Four (4) or more mobile vendors
on a single parcel will require the building of a mobile vending court.
(See MobilelVending Court.)
3. Public Park Vending. (See Municipal Code 12.04.070.)
4. Cannot be located:
a. Within a midblock, crosswalk area.
b. On the portion of a public sidewalk crossed by a public or
privatedriveway or within ten (10) feet of either side of the
driveway
c. Within any street -comer area (See Site Triangle definition.)
d. Within five (5') feet from a perpendicular line drawn to the
curb fromeithet side of a doorway.
e. in a manner that obstructs the movement or visibility of vehicles
usingthe street or right-of-way
f. Directly in front of any single-family, residential structure.
I. Mobile Design & Build. Mobile vending pushcarts, trailers, and vehicles
must bedesigned and built meeting normal industry standards and shall be
used in a safemanner.
J. Non -vending Hours. All pushcarts and street vendors must be removed
from publicproperty during non -vending hours.
K. Restrooms. A minimum of one (1) restroom facility shall be provided for up to
three
(3) vendors. For four (4) or more vendors, see Mobile Vending Court.
1. Brick and Mortar Agreement. Brick and mortar bathrooms may
fulfill the restroom requirement with written permission of the property
owner to use therestroom facilities.
a. A copy of the written pemvssion of the property owner to
use thefacilities shall be provided at time of application.
2. Portable Toilets w/Hand Sanitation. Portable toilets with
hand sanitizing/hand-washing facilities may fulfill the restroom
requirement.
L. Seating. No public interior seating is allowed inside a mobile -vending vehicle
per current, adopted City of Rexburg International Building Code (IBC) and
InternationalFire Code (IFC) standards.
M. Spacing. Spacing between vendor trailers shall be a minimum of five (5) feet.
N. Support Equipment & Accessories. Support equipment and accessories
must not extend more than four (V) feet from the edge of the mobile pushcart,
trailer, or vehiclein any direction on public property, must be securely fastened,
and shall not be placedso as to impede pedestrian traffic. (Ex: Umbrellas,
canopies, or other covers.)
O. Able to Vacate. Mobile vending trailers, structures, and vehicles located
on all properties must be capable of moving or of being moved relatively
easily withintwenty-four (24) hours.
SECTION 14: ADOPTION "9.04.040 Pushcart Vendor" of the
RexburgDevelopment Code is hereby added as follows:
ADOPTION
9.04.040 PushcartVendor(Added)
A. Construction of a Mobile -Vending Pushcart.
1. Braking Mechanism. The braking mechanism on the mobile -
vending pushcart shall be affixed in such a manner that it is not
readily removable inorder to secure the cart when parked on the
sidewalk.
a. The use of ropes and shocks as the sole, braking
mechanism isprohibited.
2. Frame. A mobile -vending, pushcart frame must not exceed five (5) feet
wideby nine (9) feet long by seven (7) feet tall.
3. Wheels. The mobile -vending pushcart must have a minimum of
two (2)functional, rubber -tired wheels.
B. Definition for Pushcart Vendor. (See 9.04.020.)
C. Operation of a Pushcart. The mobile -vending pushcart must be able to be
pushed byone (1) person.
SECTION 15: ADOPTION "9.04.050 Street Vendor" of the
RexburgDevelopment Code is hereby added as follows:
ADOPTION
9.04.050 StreetVendor(Added)
A. Cooking Equipment. Street vendors must have their cooking equipment
enclosedand permanently built into the structure of the mobile -vending
vehicle or trailer.
B. Definition for Street Vendor(See 9.04.020.)
C. Legal Parking. Mobile -vending trailers or vehicles must at all times be
parked in alegal manner.
D. Service. No service shall be conducted to the public on the street -side of the
mobile -
vending vehicle or trailer.
E. Street Vending Locations. (See lbefollouing map.)
-- q
Allowed Areas for Street Vendors
Jolley
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[anpn
SECTION 16: ADOPTION "9.04.060 Mobile -Vending
Court" of theRexburg Development Code is hereby added as follows:
ADOPTION
9.04.060 Mobile -Vending Court(Added)
Mobile Vending Cart, Trailer, and Vehicle Standards (Also see Municipal Code 6.1)
A. Purpose. Mobile -Vending Court Areas should provide safe, convenient, and
efficientaccess for vehicles and pedestrians.
B. Building Permit. A Building Permit is required when a Mobile -Vending
Court isconstructed, enlarged, or remodeled.
1. Site Plan. A Site Plan shall be submitted for review.
C. Convenience Facilities. The property owner shall provide water and sewage
systems,sanitary stations, and convenience facilities in accordance with the
regulations of the current, adopted City of Rexburg Plumbing Code standards
and the State of Idaho Department of Environmental Quality requirements.
D. Design.
1. Density. The maximum density shall be fifteen (15) vendor sites per acre.
2. Lot Coverage. Lot coverage shall be governed by the zone in
which theMobile Vending Court is located.
E. Designate Sites. The property must provide designated sites to
accommodate themobile-vending trailer, vehicle, or mobile structure.
F. Parking.
1. Lighting. Lighting for parking areas shall be directed and, when
necessary,shielded so as not to produce direct glare on adjacent
properties, and shallcomply with the city's lighting ordinance. (See
section 3.6.)
2. Number of Stalls. Each vending location shall provide parking for
atleastfour (4) vehicles.
3. Proximity. Parking must be within three hundred (300) feet.
4. Stall Size. Each parking space shall be at least twenty (20) feet in
length bynine (9) feet in width. Eighteen (18) feet in length by nine
(9) feet in widthmay be allowed provided the following applies:
a. Bumpers. Bumpers are installed or in place.
b. Sidewalks. Sidewalk requirements for vehicle overhang are met.
(See
9.04.030 Pedestrian Walkways.)
5. Surface. All parking lots shall be paved in accordance with subsection
3.04.070 and upon approval by the City Engineer or designee.
G. Pedestrian Walkways (Internal). Continuous internal pedestrian walkways,
not less than five (5) feet in width, or six (6) feet in width where vehicle
overhang will occur, shall be provided from the public sidewalk or right-of-way
to the vending sites.
1. Connections. Internal pedestrian walkways must connect to public
sidewalks.
2. Materials. All internal pedestrian walkways shall be distinguished
fromdriving surfaces through the use of durable, low -
maintenance, surface materials such as pavers, bricks, or cored
concrete to enhance pedestriansafety and comfort, as well as the
attractiveness of the walkways.
H. Restrooms. There shall be a minimum of one (1) restroom facility for every
five (5)vendors, with a minimum of one (1) per Mobile -Vending Court.
1. Meet Current Codes. Existing and new restrooms need to meet
current,adopted City of Rexburg International Building Code
(IBC) and State Plumbing Code standards, and the requirements
of the State of Idaho Department of Environmental Quality
(D.E.Q.).
2. Existing Restrooms.
a. Location. Existing restrooms must be located on the parcel
or on anadjoining parcel within three hundred (300) feet
from the vending location.
b. Written Permission. If located on developed property, the
owner ofthe property must give written permission to use the
facilities.
3. No Existing Restrooms. Permanent restrooms shall be
constructed wherethere is not access to existing restroom facilities or
portable restrooms with hand -washing facilities to meet food
handling requirements per the HealthDepartment will be permitted.
I. Screening. Mobile -Vending Courts must be screened from public or private
right-of-way, other uses, and from the adjoining streets to minimize the visual
impact of off-street parking.
1. Fencing Adjacent to Residential. A six (6') feet high, vinyl or masonry
fencein side and back yards shall be required when adjacent to
residential. (See Fencing 3.02.110.)
2. Front -Yard Buffer. Front -yard setbacks shall be buffered with a
minimumten (10') feet wide landscape strip planted with bushes and
trees. (See
3.02. 100.B forBufferPlantr.)
3. Landscaping. Ten (10%) percent of the lot are shall be
dedicated relandscaping and snow storage.
a. Landscaping may be interior or may be peripheral and shall
includegroundcover and trees.
4. See Zone Requirements. Screening shall meet the minimum
requirements forthe zone in which the Mobile -Vending Court is
located.
J. Setbacks.
1. Front Yard. Front -yard setbacks shall be governed by the zone in which
the Mobile -Vending Court is located.
2. Side Yard. Side -yard setbacks shall be a minimum of five (5� feet
from theproperty line.
3. Rear yard. Rear -yard setbacks shall be a minimum of ten (10) feet
from theproperty line.
4. Exceptions. When the parcel of a property abuts the side or rear yard
of a lotor parcel lying within a residential zone, the yard width shall be
equal to that required by the provisions of the residential zone
established on the abuttingproperty.
K. Signs. (See Signs3.5.)
1. Unsecured Are Prohibited. Unsecured menu boards or sidewalk
signs areprohibited.
L. Site Management. The property owner is responsible for proper control of
vendors,site management, removal of garbage and parking of additional
vehicles.
1. Trash. The property owner shall provide trash receptacles and waste
removal for customers and mobile vendors.
a. On -Site Dumpsters. On -Site Dumpsters shall be screened in
accordance with subsection 3.02.120
M. Storm Water Retention. All storm -water retention shall follow City of
RexburgEngineeting Standards. (See AppendixB)
N. Utilities. Utility service connections are
permitted.
SECTION 17: REPEALER CLAUSE Providing for other
substantive and non -substantive changes in the Development Code as recommended
and approved by the Planning and Zoning Commission of the City of Rexburg, Idaho.
Furthermore, any portion ofthe existing Development Code in conflict with this
proposed amendment is hereby repealed.
SECTION 18: SEVERABILITY CLAUSE The provisions of
this Ordinance shall be deemed severable and a finding by a court of law that a
provision of theOrdinance is unlawful shall have no effect on the remaining
provisions.
SECTION 19: EFFECTIVE DATE The City of Rexburg, Idaho
City Council shall enact this Ordinance (#21-00802) amending Ordinance 1200
otherwise knownas the Development Code of the City of Rexburg, Idaho upon its
passage, approval and publication; and shall be in full force and effect from January 5,
2022 and after the required approval and publication according to law.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR on
this 5 h da of January 2022.
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Deborah Lovejoy, City Clerl
STATE OF IDAHO)
) ss.
County of Madison)
I, DEBORAH LOVEJOY, City Clerk of the City of Rexburg, Idaho, do hereby
certify: That the above and foregoing is a full, true and correct copy of the
Ordinance Entitled:
AN ORDINANCE AMENDING THE CURRENT DEVELOPMENT
CODE (PLANNING AND ZONING ORDINANCE NO. I200)
CONCERNING SUBSTANTIVE AND NON -SUBSTANTIVE ITEMS;
THE FOLLOWING CHANGES HAVE BEEN MADE: ADDITION OF
CHAPTER 9.4 MOBILE VENDING COURT WHICH OUTLINES
REGULATIONS FOR A PARCEL WITH FOUR (4) OR MORE
MOBILE VENDORS DOING BUSINESS AT THAT LOCATION;
DEFINING AND SETTING REGULATIONS FOR MOBILE
VENDORS; DEFINING AND SETTING REGULATIONS AND
LOCATIONS FOR SIDEWALK AND STREET VENDORS;
PROVIDING FOR VIOLATION OF THE PROVISIONS OF THE
ORDINANCE; PROVIDING FOR ENFORCEMENT OF THE
ORDINANCE; AND PROVIDING FOR THE EFFECTIVE DATE OF
THE ORDINANCE.
PASSED BY THE CITY COCUNCIL AND APPROVED BY THE MAYOR this 5"
day of January 2022.
Deborah Lovejoy, City 1 rk