Zoning Changes Proposed

The Planning Commission will hold a public hearing on Tuesday, January 2, 2018 at 7:00 p.m. to receive comments on a proposed zoning ordinance change related to Mobile Restaurants (Food Trucks). They are not the final decision makers but may provide a recommendation to Council for their action.

The Town Council will hold a public hearing on January 8, 2018 at 7:00 p.m. to receive comments on a proposed zoning ordinance change related to Mobile Restaurants (Food Trucks). Council is the decision-making body that may act on the Planning Commission recommendation.

The proposed text is as follows:

RESTAURANT, MOBILE:  A readily movable wheeled cart, trailer, or vehicle designed and equipped for the preparing, serving, and/or selling of food and operated at temporary locations. This definition shall include food trucks, food trailers, and food carts and shall not apply to ice cream trucks.

Zoning Districts Permitted – Commercial, Trade, Office, Manufacturing (not Ag, Residential or Public districts)

Use and Design Standards:

Restaurant, mobile. The following additional requirements apply to sales from a Mobile Restaurant operating on private property, except when operating in conjunction with temporary, special events permitted under applicable sections of the Town Code:

  1. Mobile restaurants must obtain a Town Mobile Restaurant zoning permit. The zoning permit shall not be transferable to a new owner of the unit. [permit application will say it is valid for 12 months – January to December to match Business License – BPOL]
  2. Mobile restaurants must maintain a valid business license issued by the Town and a valid health permit issued by the Virginia Department of Health. These must be displayed at all times the restaurant is open for service.
  3. A Mobile Restaurant may operate on private property with written permission from the owner.
  4. No items shall be sold other than food and beverages.
  5. No music shall be played that is audible outside of the vehicle.
  6. Mobile restaurant vehicles must park in locations or areas as approved in the Mobile Restaurant permit, and shall not block i) the main entry drive aisles or affect pedestrian or vehicular circulation overall, (ii) other access to loading areas, or (iii) emergency access and fire lanes. The Mobile Restaurant must also be positioned at least fifteen (15) feet away from fire hydrants, any fire department connection (FDC), driveway entrances, alleys and handicapped parking spaces.
  7. A Mobile Restaurant may operate between 7:00am and 9:00pm. The vehicle and all accessory structures shall be removed each day. No Mobile Restaurant shall operate past 9:00pm. A Mobile Restaurant and all materials associated with the business shall be removed from the location by 9:30pm each day.
  8. A Mobile Restaurant shall locate not more than two (2) days per calendar week at any one location within the town (maximum of 2 days at one site). For the purposes of this standard, a calendar week shall start on a Sunday and end on a Saturday.
  9. No outdoor seating shall be permitted.
  10. No signs may be displayed except those permanently affixed to the vehicle. No signs intended to move with air / wind shall be allowed (such as streamers, sails or wings or feather flags).
  11. Trash receptacles shall be provided by and at the Mobile Restaurant and all trash, refuse, or recyclables generated by the use shall be properly disposed of in them. Trash, refuse or recyclables must be removed with the mobile unit and may not be placed in any public receptacle or public trash can on a street or public dumpster.
  12. No liquid wastes shall be discharged from the Mobile Restaurant.
  13. No Mobile Restaurant shall locate within 50 feet of the entrance to a business that sells food for consumption (determined by measuring from the edge of the Mobile Restaurant to the main public entrance of the restaurant) unless permission of the restaurant owner is provided in writing. This standard shall not apply when an established, active restaurant is closed or outside its normal operating hours.
  14. No Mobile Restaurant shall locate within 50 feet of a single family or multi-family residential structure (determined by measuring from the edge of the Mobile Restaurant to the edge of the structure).
  15. Mobile Restaurant vehicles may be otherwise limited by the Town depending on the location or other details of the Mobile Restaurant permit application.
  16. A Mobile Restaurant may operate at any farmer’s market held on public or private property, if the food truck vendor is legally parked at the farmer’s market and has received written permission from the farmer’s market manager and displays such written permission upon request.
  17. The operation of the Mobile Restaurant or use of a generator should not be loud enough to be plainly audible at a distance of one hundred (100) feet away. Excessive complaints about vehicle or generator noise will be grounds for the Administrator to require that the Mobile Restaurant Vendor change location on the site, to move to another property or the permit may be revoked at that location.
  18. The requirements of this section shall not apply to Mobile Restaurant Vendors at catered events (events where the food is not sold through individual sales but provided to a group pursuant to a catering contract with a single payer).
  19. A Mobile Restaurant permit may be revoked by the Zoning Administrator at any time, due to the failure of the property owner or operator of the Mobile Restaurant permit to observe all requirements for the operation of Mobile Restaurants. Notice of revocation shall be made in writing to address of record for Mobile Restaurant permit holder. Any person aggrieved by such notice may appeal the revocation to the Board of Zoning Appeals.