§ 33-14.1. Mobile sales and mobile food service operations.

(A)

Notwithstanding any provisions of this chapter to the contrary, mobile sales operations, as defined in Section 33-1(70.3), and mobile food service operations, as defined in Section 33-1(70.2) of this Code (collectively defined as mobile operations under Section 33-1(70.4)) are permissible on private property subject to the following conditions:

(1)

Mobile operations are permissible only in the following zoning districts: BU, IU, urban center, urban area, and GU (where trended for industrial, or business use). Mobile operations are also permissible in residential zoning districts on properties having a current certificate of use and occupancy as a museum, hospital, school or church provided such use does not operate more frequently than once per week and no longer than three consecutive days.

(2)

Mobile operations may only be conducted from 7:00 a.m. to 10:00 p.m. on weekdays and from 7:00 a.m. to 11:00 p.m. on weekends.

(3)

Mobile operations shall not be located in any driveway aisles, no parking zones, landscaped area, loading areas, or parking lanes, nor may mobile operations impede the on-site circulation of motor vehicles.

(4)

Mobile operations shall not be located in required parking spaces unless the number of spaces exceeds the minimum amount required for other uses on the property. The utilization of an off-street parking space for the operation of a mobile operation must not cause the site to become deficient in required off-street parking.

(5)

Mobile operations shall not be located on the public right-of-way.

(6)

Mobile operations are permissible on vacant, unimproved property only when approved as a special event pursuant to Section 33-13(h) of this Code.

(7)

Mobile operations shall be located a minimum of 20 feet from the property line of an existing residential use, except that mobile operations may be located at a minimum of 10 feet from the property line if the residential use is separated by a six (6) foot high masonry wall.

(8)

The total space dedicated to the mobile operation and vending area shall not exceed an area of six hundred (600) square feet,

(9)

Alcoholic beverage sales and use of sound amplification devices are prohibited.

(10)

Electric service connection to an on-site approved outlet is permitted provided that no wiring or cables are run beyond the vending area or pose any danger to the patrons. For purposes of this requirement, the vending area includes the space taken up by: a portable stand, vehicle, or trailer; signs; equipment; products; and any tents, tarpaulins, canopies, or awnings.

(11)

A Certificate of Use (CU) must be obtained by the property owner to permit mobile operations on the site. A site plan or survey shall be submitted indicating the following:

(a)

Location of the individual mobile operations and associated vending area. Mobile operations shall be located so as to minimize the impacts on adjacent residential uses.

(b)

Location of improvements on the site.

(c)

Location of on-site parking areas.

(d)

Rights-of-way, internal circulation and ingress and egress.

(12)

Signage associated with the mobile operation shall be confined to the mobile operation and authorized vending area. Signage attached to the mobile unit shall be permitted. Detached signage shall be limited to one sign not exceeding nine (9) square feet.

(13)

The number of mobile operations permissible on a site at any one time shall be limited as follows:

(a)

One (1) mobile operation may be permitted on each site which contains a minimum of 10,000 square feet of net lot area.

(b)

An additional mobile operation may be permitted for each additional 50,000 square feet of net lot area, up to a maximum of three (3) mobile operations per site.

(c)

Mobile operations in excess of these thresholds may only be permitted as a special event pursuant to Sections 33-13(g) and 33-13(h) of this Code.

(B)

If it is found that a mobile operation is operating in manner not consistent with the representations made in the application package provided to the Department, the Director shall have the authority to revoke the CU of the property owner immediately.

(C)

Except as otherwise provided in this Code, it is unlawful to conduct mobile operations in any outdoor location without first obtaining a CU in accordance with the provisions of this Section.

(D)

The operator of a mobile operation must be able to produce for inspection: a copy of a letter or other written communication from the property owner or representative that authorizes the mobile operation and, for mobile food service operators, a copy of the applicant's required State license for food service establishments.

(E)

Mobile operations located at County parks, sports stadiums or racetracks during events shall be exempt from the requirements of this section but must otherwise comply with all other applicable requirements in this Code.

(Ord. No. 11-92, § 2, 11-15-11; Ord. No. 13-42, § 3, 5-7-13)