§ 90-1041. Requirements for mobile food units.
The following requirements shall apply to the permitting and operation of mobile food units in permitted zoning districts of the county.
(1)
Exclusions. The provisions of this section shall not apply to mobile food units sales locations in conjunction with the following:
a.
A special event, for which a special event permit is required per chapter 58 of the county code.
b.
A private catered event not serving the general public.
(2)
Zoning permits.
a.
Base of operations. For mobile food unit businesses based in Prince George County, in addition to zoning approval for the sales location(s), zoning approval must be obtained for the base of operations, where activities such as storage, loading and garaging (regular overnight parking) take place.
b.
Commissary. For mobile food unit businesses which prepare food outside of the mobile food unit and inside a health department-approved commissary located in Prince George County, zoning approval shall be required for the commissary location either separately or as part of the base of operations.
c.
Sales location(s). Applicants must seek zoning approval for sales operation on each individual lot, and may have multiple sales locations on a single lot.
d.
Renewal and fees. Operators must seek renewal of approval for sales location(s) each year, regardless of any business license exemption. A single fee shall cover the review of up to five different lots for sales locations during a calendar year.
e.
Amendment. At any time during the permit period, the operator may modify approved location(s) on a lot by submitting an updated sketch, with property owner authorization.
f.
Display. Copies of the zoning permit and all applicable permits or licenses shall be kept in the food unit at all times.
(3)
Zoning permit application. A zoning permit must be obtained for each sales location prior to beginning on-site operations. Applications shall be accompanied by the following:
a.
Health department license. A copy of a valid license from Virginia Department of Health for the unit.
b.
Business license. A copy of a valid business license for the business from a locality in the state of Virginia.
c.
Zoning approval for base of operations and/or commissary. If applicable.
d.
Owner permission. Signed authorization from the property owner or agent of any lot or parcel proposed to accommodate a unit for a sales location.
e.
Site sketch. Applicants shall provide a scaled drawing or aerial imagery to show the proposed location(s) of the unit on the lot, and additional detail upon request to show compliance with the zoning ordinance.
(4)
Fire safety compliance. Exhaust systems and fire protection systems shall be inspected and cleaned in accordance with the Virginia Statewide Fire Prevention Code.
(5)
Location of unit for operation shall adhere to the following requirements:
a.
At least 15 feet from the edge of any driveway, utility box or vaults, handicapped ramp, building entrance, exit or emergency access/exit, emergency call box or fire hydrant.
b.
At least 100 feet from any on-site residential dwelling or the main entrance of any existing off-site food establishment.
c.
Not within any area of the lot or parcel that impedes, endangers, or interferes with access, passage or circulation of other lot users, or creates safety or visibility problems for vehicles and pedestrians.
d.
Not in designated handicapped parking spaces.
e.
Not in any right-of-way, nor obstructing any access easement nor fire lane.
(6)
Equipment and furniture used for the operation of the unit shall be considered physically part of the use of the unit for setback purposes, shall be located within 20 feet of the unit, and shall be removed when the unit is removed.
(7)
Parking provided.
a.
Sufficient parking area shall be available to provide a minimum of ten shared off-street spaces, or a minimum of five spaces when no other use is present, excluding any spaces occupied by the unit.
b.
Available parking shall be of sufficient quantity and location such that there is no obstruction of a public right-of-way used to access the lot.
c.
Parking construction standards shall be in accordance with article XIX of this chapter.
(8)
Signage.
a.
No more than one unattached A-frame or equivalent temporary sign may be used for advertising or attention-getting purposes, which may be positioned no more than 50 feet from the unit and shall not exceed six square feet in area for each face and four feet in height, and shall not be placed within ten feet of a public road right-of way.
b.
Signage for menu purposes located within three feet of the unit shall be considered attached for the use.
c.
Attention-getting appurtenances such as flags and banners, whether attached or detached, shall not be allowed, unless by another section of this chapter.
d.
All signage and appurtenances must be removed when the unit is removed.
(9)
Lighting. No flashing or moving lights are permitted as part of a unit's operation.
(10)
Noise. Operation of the units shall be in compliance with the county's noise ordinance.
(11)
Trash and waste. Operators shall provide at least one trash receptacle within ten feet of the unit and are responsible for the proper disposal of waste and trash associated with the operation.
(12)
Presence of operator. When open for business, the operator of the unit or designee must be present at all times, except in cases of emergency.
(13)
Hours of operation. Operational hours for units shall be between the hours of 6:00 a.m. to 8:00 p.m., for a maximum of six hours per individual lot during a single day, including packing and unpacking of supplies and equipment. At the end of the six-hour time period, equipment and furniture shall be either removed from the site or stored on-site within the unit or within an enclosed structure.
(14)
Enforcement. If at any time evidence is provided that a lot is being used other than in compliance with an approved permit or the zoning ordinance, the property owner may be cited for the violation in accordance with section 90-17, and/or the permit may be revoked.
(Ord. No. O-20-18, § 5, 8-11-2020)
(Ord. No. O-20-18, § 5, 8-11-2020)