Chapter 5.04
MOBILE FOOD UNITS
Sections:
5.04.020 Permit required and display of permit.
5.04.030 Mobile food unit standards.
5.04.040 Review criteria and procedures.
5.04.060 Revocation of permit.
5.04.070 Compliance with other regulations and agencies.
5.04.005 Purpose.
The purpose of this chapter is to allow for mobile food units and/or food pods on a long-term basis subject to review and approval. Mobile food cart units and pods can provide opportunities to enliven under-utilized parking lots or vacant lots, allow individual entrepreneurship at a small scale, and provide unique eating establishments for the public, while regulating for safety, aesthetics, and compatibility of surrounding development. (Ord. 22-14 § 1, 2022)
5.04.010 Definitions.
As used in this chapter:
“Food” shall have its usual and ordinary meaning, and shall include all items designed for human consumption, including, but not by way of limitation, candy, gum, popcorn, hot dogs, sandwiches, peanuts, soft drinks and dairy products.
“Food pod” means the placement of three or more mobile food units.
“Mobile food unit” means a vendor or seller of food from a motorized vehicle, trailer, push cart, or other conveyance upon the public streets, alleys, public property of the city, or upon private property. The mobile food units must have wheels attached and be readily movable; otherwise they are considered structures and must meet applicable building codes and zoning codes, as well as connecting to city sewer, water, and other necessary utilities. Mobile food units may be parked at a location as a permanent establishment as long as the codes and conditions in this chapter are satisfied and are reviewed and renewed annually.
“Special event” means any event for which a special event permit has been issued pursuant to Chapter 8.36 BGMC. (Ord. 22-14 § 1, 2022; Ord. 11-08 § 1 (part), 2011)
5.04.020 Permit required and display of permit.
A. No person, firm or corporation shall engage in the business of a mobile food unit without having first obtained a permit issued by the community development department. A city business license shall also be required per Chapter 5.03 BGMC. This chapter shall not apply to vendors operating in conjunction with, and at the location of, a farmers’ market or special event.
B. All necessary licenses and permits for mobile food units shall be prominently displayed or made readily available upon request. (Ord. 11-08 § 1 (part), 2011)
5.04.025 Exemptions.
The following are exempt from provisions of this chapter:
A. Locations where mobile food units stop for less than two hours in any twenty-four-hour period.
B. Locations where mobile food units are stored when not in operation.
C. Mobile food units and other mobile vending units that are operated as part of a permitted special event that was approved by city staff. (Ord. 22-14 § 1, 2022)
5.04.030 Mobile food unit standards.
No mobile food unit shall conduct business in the city unless it is in full compliance with the following standards:
A. Mobile food units shall not conduct business in any residential zone with the exception of mobile ice cream sales and food delivery related sales; provided, that these vehicles are not parked in a stationary location;
B. Mobile food units shall not operate on city-owned property, public right-of-way, sidewalks, or portions thereof, unless permission is granted from the city in the form of right-of-way encroachment permit, indemnification agreement, or other written agreement;
C. Mobile food units shall be parked or operated in full compliance with the traffic and sidewalk ordinances of the city;
D. Mobile food units shall receive written permission from the property owner for business conducted on private property;
E. Mobile food units shall not cause obstructions or congestion to passageways on any sidewalk, travel lanes (streets and alleys), or public space to the degree that it creates a safety concern as determined by the police or community development departments. The operator of such unit is required to take immediate action if such congestion or obstruction occurs;
F. The area around a mobile food unit shall be kept clean of tripping hazards, rubbish, garbage, junk, waste paper, plastic, styrofoam cups, sacks, food and other waste. The license holder shall be responsible to keep the area clean. The area to be kept clean shall include the area immediately surrounding sidewalks and public streets. Each business shall carry a suitable container for placement of such litter by customers or other persons. Any spills must promptly be cleaned up;
G. Mobile food units shall be entirely self-contained with no storage containers, buckets, or other clutter around the food cart, with the exception of a waste container, chairs and tables for seating, or a structure for rain cover or shade that is either exempt from building codes or complies with building codes;
H. If electrical cords or hoses are connected to the mobile food unit, these must be routed in such a manner that they are behind the unit, do not cross travel lanes, and do not create a tripping hazard;
I. Mobile food units shall have a paved path for persons to access their unit via a sidewalk or from an existing parking lot;
J. Mobile food units shall be set back five feet from all property lines and other food units and ten feet from buildings;
K. Sign requirements shall be the same as the underlying zoning district;
L. Any structures associated with the mobile food unit, such as decks, awnings, canopies, seating areas, etc., shall be limited to two hundred square feet; the permit holder shall contact the building official to determine whether a building permit is required; and
M. If a mobile food unit is established on existing parking spaces in a parking lot, it must be demonstrated that sufficient parking spaces are available for the existing business establishment. This may be demonstrated by parking standards listed in the city’s code or by actual parking demand on the site.
Failure to comply with any of these laws may result in revocation of the permit. (Ord. 22-14 § 1, 2022; Ord. 20-06 § 1, 2020: Ord. 11-08 § 1 (part), 2011)
5.04.035 Food pod standards.
A. Food 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. See use tables in BGMC Title 17 to determine if food pods are an allowed use.
B. Food pods are intended to be located on private property and not within city right-of-way or public property unless authorized by the public works director.
C. Design.
1. Food pods should be designed as community gathering spaces with high level of accessibility for pedestrians and create a welcoming streetscape. Food pods shall meet one of the design options below.
a. Food pods shall be oriented along rear and side property lines. Food carts should avoid being placed along the street to create an open and inviting plaza. Outdoor seating shall be communal and oriented towards the street. If the food pod is located on a corner lot, then seating should be oriented at the street corner to provide focus to the area; or
b. Food pods shall be oriented along the street to create a sense of storefronts. Outdoor seating shall be communal and oriented internally in the center of the site.
2. Communal seating and gathering places shall at a minimum include tables and chairs.
D. Signs. Signs are restricted to “A-frame” signs only, permitted pursuant to Chapter 17.139 BGMC.
E. Setbacks. Each mobile food unit within a food pod shall meet the following setback requirements:
1. Five feet from any structure or other mobile food unit;
2. Ten feet from buildings;
3. Five feet from front property line when utilizing subsection (C)(1)(a) of this section. Setbacks may be reduced to zero feet from the front property line when utilizing subsection (C)(1)(b) of this section;
4. If rear or side yard abuts a residential district the minimum setback shall be ten feet; and
5. Five feet from any side or rear lot line.
F. Accessory Items and Structures. The following are required for food pods:
1. Trash and recycling receptacles for customer use shall be maintained no more than ten feet from mobile food units, at a rate of one trash and one recycling receptacle for every two mobile food units. The site should also include one trash enclosure, meeting BGMC 17.131.020.
2. Outdoor seating areas, which may have roofs, floors, and railings, but no walls (e.g., decks, picnic shelters).
3. The site is required to provide restroom facilities within five hundred feet of the mobile food carts during times of operation as specified under WAC 246-215-09150. Additionally, the site must have handwashing facilities that meet the requirements specified under WAC 246-215-05210.
G. Screening. If the mobile food pod is adjacent to a residential zoning district, the residential property shall be screened with a B3 buffer.
H. Lighting. Outdoor lighting shall be required per this title if not already provided by an existing use. All lighting shall be shielded and meet BGMC 17.131.100.
I. Surface. Mobile food units, structures, seating areas, restrooms, garbage receptacles, etc., must all be connected through a paved circulation route with access from the sidewalk, parking lot, or street. Pedestrian circulation routes shall be composed of impervious surfaces and be at least five feet in width.
J. Sight Distance and Vision Clearance Triangles. The mobile food unit and any attachments, accessory items, or customer queuing areas shall comply with the intersection and driveway sight distance and vision clearance triangles.
K. If electrical cords or hoses are connected to the mobile food unit, these must be routed in such a manner that they are behind the unit, do not cross travel lanes, and do not create a tripping hazard. (Ord. 22-14 § 1, 2022)
5.04.040 Review criteria and procedures.
A. General Procedures.
1. Land Use Review.
a. Mobile Food Unit. Mobile food carts shall be processed as a Type I land use action per Chapter 17.200 BGMC.
b. Food Pods. Food pods shall be processed as a Type II land use action per Chapter 17.200 BGMC.
2. Permit Issuance. Permits for food carts will be issued after land use review and approval.
B. Application Criteria.
1. Land Use Application.
a. Type I and Type II site plan submittal requirements are listed in BGMC 17.143.050.
b. Supplemental Information.
i. The place or places where the applicant proposes to engage in business;
ii. Signed application along with signature from property owner authorizing its placement on or near their property; and
iii. A narrative shall accompany the application describing compliance with the applicable standards listed in BGMC 5.04.030.
2. Permit Application.
a. Application form.
b. Application fee.
c. Supplemental information:
i. Business license;
ii. The vehicle license numbers of vehicle;
iii. Property owner authorization for subject site;
iv. Clark County health permit;
v. Fire marshal inspection and approval;
vi. Photo of the food cart;
vii. Food cart placement on approved site plan.
C. Renewals. All mobile food units are required to renew their permit annually through a Type I land use action. Renewal applications must be approved prior to the expiration of a valid permit. (Ord. 22-14 § 1, 2022; Ord. 11-08 § 1 (part), 2011)
5.04.060 Revocation of permit.
A. The permit of a mobile food unit, after notice in writing and an opportunity to be heard by the community development director, may be revoked, and such mobile food unit shall not be entitled to a subsequent permit to engage in business as a mobile vendor for one year after such revocation or as deemed applicable by the director, for any of the following reasons:
1. Fraud or misrepresentation contained in the application for the permit;
2. Fraud or misrepresentation, or false or misleading statements, made in the course of conducting the permitted business;
3. Cited violation from another agency, such as the county health or fire district;
4. Failure to pass a background investigation, if requested, may be grounds to deny or revoke a permit pursuant to BGMC 5.12.040;
5. The conduct of business in areas prohibited by this chapter; or
6. Any other violation of this chapter.
B. The decision of the director shall be final subject only to the right of the permit holder to appeal said decision to the hearing examiner within fourteen days of the decision and accompanied by an appeal fee established by resolution. (Ord. 11-08 § 1 (part), 2011)
5.04.070 Compliance with other regulations and agencies.
Prior to city issuance of a permit, all mobile food units engaged in the sale of food shall comply with all applicable laws, rules and regulations regarding food handling, and all vehicles or conveyances used for the sale of food or merchandise by mobile food units shall comply with all applicable laws, rules and regulations respecting such vehicles or conveyances as established by the city of Battle Ground, Clark County health department, Clark County fire and rescue, the Washington State Motor Vehicle Code, and the Battle Ground Municipal Code. (Ord. 11-08 § 1 (part), 2011)
5.04.080 Enforcement.
In addition or as an alternative to any other judicial or administrative remedy available, enforcement of any section of this chapter may be made pursuant to BGMC Title 20. (Ord. 21-27 § 2, 2021)