(2) A food truck may not be operated without a food truck location permit and an annual food truck operation permit (see subsection (4) below).
(3) Food trucks are permitted as an accessory use in the following locations:
(a) In a planned district, but only in commercial areas;
(b) In any industrial or commercial district;
(c) On any construction site with an active building permit and ongoing construction activity;
(d) In conjunction with any approved nonresidential use in a residential district or a residential area of a planned district, limited to 12 times per calendar year per approved location. This time limitation may be exceeded with special exception approval in accordance with subsection 8100.3, special permit approval in accordance with subsection 8100.4, or as specifically permitted with an approved final development plan or executed proffers; and
(e) In conjunction with an agritourism use or a farm winery, limited brewery, or limited distillery.
(4) Food trucks may be operated from an approved location, subject to the following procedures:
(a) The owner of property on which a food truck may be located must file a food truck location permit application with the Zoning Administrator on forms furnished by the County.
(b) Each year, the owner or operator of any food truck doing business in the County must file a food truck operation permit application with the Zoning Administrator on forms furnished by the County. The permit application must be accompanied by the written consent of the private property owner or authorized agent authorizing the food truck to be located on their approved food truck location and by a copy of the property owner’s food truck location permit. If a food truck operates on more than one site, only one food truck operation application is required to be obtained from the Zoning Administrator for such food truck, provided that the property owner on any additional sites has obtained a food truck location permit for that site, the food truck operator has written consent from the property owner or authorized agent to operate on that site, and the food truck is operating in conformance with that approval. The operation of any food truck is subject to all Health Department and Department of Cable and Consumer Services permits/licenses.
(c) Upon the finding that the application complies with the standards set forth in subsection (5) below, the Zoning Administrator will approve the permit application, setting forth conditions that protect the public health, safety and welfare and adequately protect adjoining properties from any adverse impacts of the food truck, which may include, but are not limited to, hours of operation, location, parking, vehicular access, and safety requirements.
(5) All food trucks must be located and operated in compliance with the following standards:
(a) Food trucks must be located on private property with the written consent of the property owner or authorized agent holding an approved food truck location permit.
(b) Food trucks may only be permitted in conjunction with a principal use consisting of a minimum of 25,000 square feet of gross floor area or on a construction site with an active building permit and on-going construction activity. This standard does not apply to food trucks operated in conjunction with approved nonresidential uses in residential districts in accordance with subsection (3)(d) above or to food trucks in conjunction with uses listed in subsection (3)(e) above.
(c) Food trucks may only operate for a maximum of four hours in any one day at any one location, including set-up and break-down, except as specified in subsection (i) below.
(d) A maximum of three food trucks are permitted at any one location at the same time, provided that additional food trucks may be permitted in conjunction with administrative permits or other special events regulated by any proffered condition, development condition, special exception or special permit.
(e) Food trucks may not be located in any fire lane, travel lane, entrance/exit, or any required parking space.
(f) Food trucks must be located on a level, paved, or gravel surface with safe pedestrian access.
(g) The vicinity around the food truck must be kept clean and free of debris.
(h) Trash receptacles must be provided.
(i) In addition to the standards above, food trucks in conjunction with an agritourism activity or a farm winery, limited brewery, or limited distillery must be located and operated in compliance with the following standards:
(i) Food trucks located on less than 20 acres may operate for a maximum of four hours in any one day at any one location, including set-up and breakdown-down.
(ii) Food trucks located on 20 acres or more may operate for a maximum of eight hours in any one day at any one location, including set-up and break-down; and
(iii) Food trucks must be located 100 feet from all property lines.
(6) Any food truck location permit or food truck operation permit is revocable by the Zoning Administrator because of the failure of the property owner or the food truck operator to comply with any of the provisions of this subsection 4102.8.E.
(7) All other sale of goods or services from any vehicle other than a food truck are subject to all the regulations for the zoning district in which the sale is conducted, but this regulation does not prohibit any vending from vehicles on public streets that is not otherwise prohibited by law.
(8) Each food truck must be in substantial conformance with any proffered condition, development plan, special exception, or special permit for the site on which it operates.
If any proffered condition, development plan, special exception or special permit approval specifically precludes food trucks or otherwise regulates food trucks, including the location, hours of operation, or number of food trucks, the zoning approval will govern that aspect of the food truck location or operation in lieu of the standards in this Section 4102.8.E. Unless otherwise specified in any zoning approval, all provisions of this Section 4102.8.E apply.
