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In the case of mobile food units, in addition to the above requirements, the following special requirements shall apply:

(1) Location.

(a) Mobile food units may occupy the public right-of-way in any zone subject to all applicable state motor vehicle laws and other local traffic ordinance, except that:

(i) No mobile food unit shall stop in a public right-of-way to conduct business in a residential zone at the same location for a period in excess of 15 minutes.

(b) Mobile food units are expressly allowed outright on Harbor Avenue between Washington Street and California Avenue.

(c) Mobile food units are not allowed on public property unless approved in association with a city-approved event. This requirement does not attach to mobile food units using public rights-of-way, which are addressed in subsection (2) of this section.

(d) Mobile food units that provide drive-through service are only permitted in the C-G zone district and shall have at least 85 feet in queuing distance behind the drive-through window where sales occur.

(2) Parking in the Public Right-of-Way. Mobile food units shall:

(a) Be allowed to stop, stand, or park on any public street or right-of-way, provided this area is not within 20 feet of an intersection, such vehicle does not obstruct a pedestrian crosswalk, and the area is not prohibited to the stopping, standing, or parking of such vehicles.

(b) Shall not operate in a manner which will interfere with or obstruct the free passage of pedestrians or vehicles along any such street, sidewalk, or parkway.

(3) Siting Requirements. The following additional requirements shall apply to mobile food units located outside of the public right-of-way:

(a) At least 10 feet shall be maintained between individual mobile food units.

(4) Health and Safety.

(a) Food safety inspections shall be completed as required by the county health department.

(b) Sanitation shall be provided for as required by the county health department.

(c) Mobile food units shall not connect to sewer or water, except as provided for in subsection (5) of this section.

(d) After dispensing victuals, at any location, a mobile food unit operator, prior to leaving the location, shall pick up, remove, and dispose of all trash or refuse within 25 feet of the mobile food unit which consists of materials originally dispensed from the mobile food unit, including any packages or containers, or parts of either, used with or for dispensing the victuals.

(5) Permanent Occupancy. In addition to the above requirements, a mobile food unit permanently occupying a site in conjunction with another business no longer qualifies as a transient business, but shall remain subject to the requirements of this chapter and shall meet the following requirements:

(a) Shall be permanently connected to sewer, water, and power.

(b) Shall be illuminated with downcast or shielded lighting when operating during hours of darkness so as to ensure a safe environment for customers without adversely affecting abutting properties.

(c) Shall be screened to limit the visual effect of accessory items not used by customers, including but not limited to tanks, barrels and miscellaneous items, such as by using screening or storing them in containers to substantially limit views of such items from the street. Screening could be temporary fencing or landscaping (such as landscaping in pots or planters). Storage containers could be small sheds or storage units. Screening shall:

(i) Significantly limit views of items within three feet of the ground; and

(ii) Allow views through the site between three and 10 feet to ensure surveillance of the site remains possible for crime prevention purposes.

(d) Shall be considered new commercial development and subject to all other local ordinances applicable to new commercial development. (Ord. 2053 § 2, 2021)