Minutes 06-07-2016 - Laserfiche WebLink

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10 This item is presented in response to a Board petition to expand the opportunities for mobile food vending businesses in Orange County. Currently mobile food vending units are a lawful use of property in Orange County. The Orange County Code of Technical Ordinances ("UDO") does not address mobile food vending businesses. Recent court decisions have made clear that unless a use is specifically prohibited by law, the presumption will be for the free use of property in favor of the property owner. Among other things the proposed ordinance prohibits the operation of mobile food vending units on residentially zoned property, requires all permits and grade cards to be posted in a conspicuous location, mandates commercial general liability insurance coverage, imposes distance limitations on the siting of mobile food vending units, and prohibits the smoking of tobacco products within the confines, or within 100 feet, of mobile food vending units. Staff for both the Planning and Inspections Department and the Health Department consulted on the proposed ordinance and their suggestions are included in the draft. John Roberts said if any violations were incurred, it would be a misdemeanor. He said permits would not be issued, but rather violations would be reported as discovered by the public or a health inspector, to the Sheriff's department who would issue a citation. Commissioner Rich asked if John Roberts could give an example of a violation if a food truck is parked in a commercial parking lot. John Roberts said if there are only two parking spaces available, the food truck may not occupy those spaces and in turn interfere with the business. He said any violations would go against a property owner, not the vendor. Commissioner Rich referred to section C.8-120 and asked if there were limited hours when a truck can be in a commercial zone. John Roberts said time restrictions would still apply if the truck was within 200 feet of a residential area. He added that this is not an existing ordinance, and the BOCC can adjust the language, as it deems necessary. Commissioner Rich said she would like to look at that issue a bit closer, since 9:00 p.m. is very early as compared to others such as Carrboro, Durham and Raleigh. Commissioner Price asked if the ordinance would apply to areas such as the courthouse lawn. John Roberts said it only applies to Orange County's jurisdiction, the unincorporated sections of the County. He said the courthouse lawn would be in the jurisdiction of the Town of Hillsborough. He said County ordinances apply to County owned properties and parking lots. Commissioner Price asked if food trucks would be permissible at the Flea Market at Buckhorn. John Roberts said yes. Commissioner Price asked if there would be time restrictions, if the truck is in a purely commercial area with no residences nearby. John Roberts said time restrictions only apply to a commercial area that is within 200 feet of a residential area, or on any residential lot where there is a private event occurring. He said the idea of the time limitations is to be respectful of residents and late-night noise. Commissioner Price asked if food trucks would come under the same standards as a regular establishment. She said she imagines many patrons would walk or cycle to these food trucks.