Chapter 5.45
FOOD CARTS
Sections:
5.45.020 Applicability and exemptions.
5.45.030 Food cart pod standards.
5.45.050 Food cart pod modification.
5.45.060 Submittal requirements.
5.45.070 Conditions of approval.
5.45.090 Grounds for revocation.
5.45.010 Definitions.
A. “Mobile food units” are defined in OAR 333-150-0000 as “any vehicle that is self-propelled or that can be pulled or pushed down a sidewalk, street, highway or waterway, on which food is prepared, processed or converted or which is used in selling and dispensing food to the ultimate consumer.”
B. The term “food cart” will be used interchangeably with “mobile food unit.”
C. “Food cart pod” refers to a site containing one or more food carts and associated amenities on private property. (Ord. 1078 § 1, 2021)
5.45.020 Applicability and exemptions.
A. This chapter is not applicable to temporary uses which are permitted through the city’s temporary use permit procedures.
B. The provisions of this chapter apply to all food carts within the city, whether it is a single food cart, or multiple carts in a pod.
C. Food carts are not permitted to travel to different sites throughout the city and shall be allowed through an approved permit issued in conformance with this chapter.
D. Exemptions. The following are exempt:
1. Locations where food carts are stored when not in operation are exempt from the provisions of this chapter; however, the storage of commercial vehicles or trailers may be subject to other requirements of the Rainier Municipal Code.
2. Food carts that are operated as allowed under a special permit for festivals, fairs and events. (Ord. 1078 § 2, 2021)
5.45.030 Food cart pod standards.
A property containing one or more food carts shall be maintained in a clean and orderly condition. Only those things authorized by the permit and shown on the site plan may be stored on the property. The following standards apply to food cart pod sites:
A. Zoning. Food cart pods are not permitted in special flood hazard areas or in residential zones but are permitted in zones that allow for eating and drinking establishments either outright or through conditional use approval.
B. Accessory Items and Structures. Trash and recycling receptacles for customer use shall be maintained no more than 10 feet from food carts, at a rate of one trash and one recycling receptacle for every two food carts. Portable accessory items, such as picnic tables, are permitted.
C. Applicability with Other City Ordinances. Any food cart licensed by the city must also abide by any and all other existing sections of the Rainier Municipal Code, including but not limited to RMC Title 18 pertaining to Zoning, Chapter 18.110 RMC pertaining to signs and Chapter 8.15 RMC pertaining to nuisances.
D. Utilities. To the extent that utilities are desired by the applicant or required by applicable regulations, food carts shall have self-contained utilities, or if on-site utility connections are proposed, such utilities shall be installed underground, except where prohibited by the utility district or company.
E. Sanitation Facilities. Food cart pods shall ensure the availability of a restroom with hand washing facilities meeting the provisions of OAR 333-150-0000 for employees and customers. Portable restrooms and portable handwashing facilities are not permitted, unless the portable handwashing facilities provide hot running water meeting the provisions of OAR 333-150-0000. If portable restrooms and portable handwashing facilities are provided, they shall be screened from view with fencing or a solid vegetative screen, or a combination of the two; provided, that the portable facilities are not visible from neighboring properties or public rights-of-way. The restrooms must either be on site, within one-quarter mile or within five minutes’ walking distance and be available during the carts’ hours of operation. Applicants shall provide the city with documentation that restrooms are available via the owner’s written permission for the utilization of facilities in an existing building.
F. Sewage Disposal. Subsurface sewage disposal is prohibited. (Ord. 1078 § 3, 2021)
5.45.040 Food cart standards.
The following standards apply to each food cart on the site:
A. Attachments. Attachments to the food cart, such as awnings or canopies, are permitted only if they are supported entirely by the cart and do not touch the ground. Neither the food cart nor any item relating to the cart shall lean against or hang from any structure or utility pole. No structure shall be attached to the food cart.
B. Accessory Storage. Except as specifically allowed under RMC 5.45.030(B), items relating to the food cart shall be stored in, on or under the cart in an orderly manner, or out of sight.
C. Interior Seating or Vending. Customer seating or vending inside a food cart is prohibited.
D. Length of Cart. Food carts shall not exceed 26 feet in length.
E. Carts and their accessory items shall be kept in good repair and maintained in a safe and clean condition.
F. The following health and sanitation standards shall apply:
1. Applicants shall provide wastewater/gray water disposal documentation that indicates how the outputs will be stored (if applicable) and what wastewater/gray water disposal method will be used. The documentation shall indicate a proper disposal method that ensures fats, oils and grease do not enter the city’s wastewater infrastructure. If the applicant intends to contract with a third party for wastewater/gray water disposal, a copy of the contract must be provided to the city within 15 days of receiving a permit.
2. Nonstormwater discharges to the city’s stormwater system are prohibited.
G. Drive-Through Service. Food carts shall not provide drive-through service.
H. Other Licenses/Approvals Required. Beside meeting the requirements of this chapter, the operator of a food cart must have an active city business license, must comply with the current edition of the International Fire Code for mobile food carts and receive an annual fire district inspection and approval, and must receive approval and comply with the permit requirements of Columbia County environmental health department. (Ord. 1078 § 4, 2021)
5.45.050 Food cart pod modification.
An application for a food cart pod modification shall be required when any of the following thresholds apply:
A. Thresholds.
1. Modification to an approved food cart pod site layout or design, which does not increase the number of food carts permitted on the site.
2. Additions of nonpermanent amenities to an approved food cart pod, such as but not limited to: picnic tables, awnings and landscaping. (Ord. 1078 § 5, 2021)
5.45.060 Submittal requirements.
An application for a food cart pod permit shall include the following:
A. A completed application, including the property owners’ signature, on a form provided by the city;
B. Proof of business liability insurance;
C. Proposed hours of operation; and
D. A site plan of the subject property drawn to scale and including:
1. The lot lines;
2. The location of existing structures;
3. The proposed boundaries of the food cart pod. Within the boundaries of the food cart pod, the location of all food carts, seating areas and any accessory items or structures;
4. The proposed distance between the food cart pod and adjacent lot lines, as well as the proposed separation distance between individual carts and other on-site structures;
5. The type and location of any proposed on-site utility connections for food carts;
6. The number and location of food carts on site and individual square footage and length of each cart;
7. Pictures or architectural elevations of proposed food cart(s);
8. The location of existing and proposed loading areas, driveways, on-site circulation drives, parking lot aisles, parking lot lighting, bicycle and automotive parking spaces, and walkways;
9. The orientation of service windows and doors on the food carts and location of customer queuing areas;
10. The location of existing and proposed landscaping;
11. The dimension, height and location of proposed signs;
12. Proof of the availability of restroom facilities for employees and customers that meet the requirements of OAR 333-150-0000;
13. The method for disposing of wastewater and gray water;
14. Written verification of approval by Columbia County health department;
15. Written verification of approval by Columbia River Fire and Rescue;
16. A traffic generation memo;
17. A statement indicating any source of noise to be generated on the property and the method of mitigating the noise; and
18. Any additional information that may be required by the city to properly evaluate the proposed site plan. (Ord. 1078 § 6, 2021)
5.45.070 Conditions of approval.
The city may impose conditions upon the approval of a food cart pod permit to ensure compliance with the requirements of this chapter, and other applicable chapters of its municipal code, and to minimize adverse impacts created by the use on surrounding property and uses. These conditions may include, but are not limited to, the following:
A. Limiting the hours, days, place and manner of operation;
B. Requiring site and building design features which minimize environmental impacts such as noise, glare and odor;
C. Requiring additional building setbacks;
D. Further limiting the building area and outdoor storage used by the food cart pod and restricting the location of the use on the site in relationship to adjoining uses;
E. Designating the size, number, location and design of vehicle access points;
F. Requiring landscaping, buffering, and/or screening of the food cart pod from adjoining uses and establishing standards for the continued maintenance of these improvements;
G. Requiring storm draining improvements, and surfacing of parking and loading areas;
H. Limiting or setting standards for the location and intensity of outdoor lighting;
I. Requiring and designating the size, height and location of fences and other materials used for their construction;
J. Requiring the protection and preservation of existing trees and other vegetation, watercourses, slopes, wildlife habitat areas and drainage areas;
K. Limiting the type and number of vehicles or equipment to be parked or stored on the site;
L. Any other limitations which the city considers to be necessary or desirable to make the use comply with this chapter; and
M. Any limitations or conditions imposed by the city’s service providers or Columbia River Fire and Rescue. (Ord. 1078 § 7, 2021)
5.45.080 Approval period.
A food cart pod permit approval is valid for one year from the date of the final written decision. At the end of the one-year period, the applicant may apply for another one-year permit by filing a new application. (Ord. 1078 § 8, 2021)
5.45.090 Grounds for revocation.
The city may:
A. Revoke a food cart pod permit approval if the conditions of approval have not been or are not being complied with and the food cart pod is being conducted in a manner contrary to this chapter.
B. The city and its staff shall approve the use as it exists, revoke the food cart pod permit or compel measures to be taken to ensure compatibility with the neighborhood and conformance with this chapter after reviewing any complaints. Complaints may be originated by the city or the public. Complaints from the public shall clearly state the objection to the food cart pod, such as:
1. Generation of excessive traffic;
2. Generation of excessive noise or litter;
3. Other offensive activities not compatible with the surrounding area.
C. Waiting Period for Reapplication. When a food cart pod permit has been revoked due to violation of these standards, a minimum period of one year shall elapse before another application for a food cart pod on the subject parcel will be considered.
D. The food cart pod permit owner may appeal the city staff decision to the city council. (Ord. 1078 § 9, 2021)