Planning & Zoning

Mobile Sales and Mobile Food Service Operations Requirements and Guidelines

 

• What are mobile food service and mobile sales operations?
• Do I need a Certificate of Use (CU)?
• Where are they permitted?
• Are there any restrictions regarding the locations?
• What are the permitted hours of operation?
• Can alcoholic beverages be sold?
• Can I play music or use a bullhorn to attract customers?
• Are signs permitted?
• Are Menu Boards permitted?
• Are Electric Service Connections allowed?
• What are stationary mobile operations?
• How many stationary mobile operations are allowed on one site?
• Are there any site restrictions regarding the location of the stationary mobile operation?
• What is the property owners responsibility and is a Certificate of Use required for stationary mobile operations?
• What are traveling mobile operations?
• What is the property owners responsibility and is a Certificate of Use required for traveling mobile operations?
• How many traveling mobile operations are allowed on one site?
• What are the operator's responsibilities?

What are mobile food service and mobile sales operations?

Mobile Food Service Operation

– The preparation/cooking, serving and/or sale of food conducted from a portable stand, vehicle or trailer.
Examples are food trucks and hotdog stands/carts.

Mobile Sales Operation

– Sales from a portable stand, vehicle or trailer. Examples are flower and produce stands/carts.

The collective term for these operations is Mobile Operations.

Do I need a Certificate of Use (CU)?

Each operator of a mobile operation shall obtain a Certificate of Use (CU), renewable on an annual basis. The application package shall include at a minimum the following information:

• Narrative from the applicant describing the operation and its hours of operations.
• For mobile food service operators, a copy of the required State license for food service establishments.

Where are they permitted?

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).

Traveling 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.

Are there any restrictions regarding the locations?

Shall not be located:

• On the public right-of-way.
• In any driveway aisles, no parking zones, loading areas, or parking lanes, nor may mobile operations impede the on-site circulation of motor vehicles.

Shall be located:

• On improved property.
• On vacant, unimproved property only when approved as a special event pursuant to Section 33-13(h) of this Code.
• A minimum of 20 feet from the property line of an existing residential use or 10 feet from the property line if the residential use is separated by a six (6) foot high masonry wall.

What are the permitted hours of operation?

7 a.m. to 10 p.m. on weekdays.
7 a.m. to 11 p.m. on weekends.

Can alcoholic beverages be sold?

The sale or serving of alcoholic beverages is prohibited.

Can I play music or use a bullhorn to attract customers?

The use of any sound amplification is prohibited regardless of the intended purpose.

Are signs permitted?

• Class B (point of sale) type signs are permitted to be affixed to the mobile operation (truck, stand, trailer). This includes menus.
• No permit required for signage relating to mobile operations.
• No balloons, banners, streamers or other similar devices to attract customers are permitted.
• No signs or attracting devices are permitted on the right-of-way.

Are Menu Boards permitted?

An A-frame menu board up to 9 square feet is permitted to be placed by the mobile operation and within the vending area. An operation is allowed to display this sign only during hours of operations, otherwise the board shall be removed.

Are Electric Service Connections allowed?

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. 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.

What are stationary mobile operations?

These are mobile operations that operate from the same site for more than six days within a thirty-day time period.

How many stationary mobile operations are allowed on one site?

• One (1) per site which contains a minimum of 10,000 square feet of net lot area.
• An additional mobile operation for each additional 50,000 square feet of net lot area, up to a maximum of three (3) mobile operations per site.

Are there any site restrictions regarding the location of the stationary mobile operation?

The stationary mobile operation shall not be located in the required parking spaces of the site.

What is the property owners responsibility and is a Certificate of Use required for stationary mobile operations?

The property owner is responsible for ensuring that all stationary mobile operations on the site have obtained a Certificate of Use. In addition to the CU obtained by the mobile operation, a CU must also be obtained by the property owner to permit stationary mobile operations on the site. A site plan or survey shall be submitted indicating the following:

• Location of the individual mobile operations. Mobile operations shall be located so as to minimize the impacts on adjacent residential uses.
• Location of improvements on the site
• Location of on-site parking areas.
• Rights-of-way, internal circulation and ingress and egress.

What are traveling mobile operations?

These are mobile operations that do not operate from the same site for more than six days within a thirty-day time period. Must be removed from the site when not in operation.

What is the property owners responsibility and is a Certificate of Use required for traveling mobile operations?

In addition to the CU obtained by the mobile operation, the property owner must also obtain a CU or amend a current CU to allow for traveling mobile operations. The number of days mobile operations may locate on a given site shall be limited to six days within a thirty-day time period.

How many traveling mobile operations are allowed on one site?

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

• One (1) traveling mobile operation may be permitted on each site which contains a minimum of 10,000 square feet of net lot area.
• An additional traveling mobile operation may be permitted for each additional 30,000 square feet of net lot area, up to a maximum of five (5) mobile operations per site.
• Mobile operations in excess of these thresholds may only be permitted as a special event pursuant to Section 33-14.1(e) of this Code.
• Sites that have a CU for stationary mobile operations may also contain traveling mobile operations provided that the cumulative total does not exceed the thresholds outlined above. In no event shall the number of stationary mobile operations exceed three.

What are the operator's responsibilities?

The operator of a traveling 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.

Back to Top Page Last Edited: Fri Jan 6, 2012 12:40:49 PM