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HomeMy WebLinkAboutProposed Ordinance - 5/7/20261 Project Title: Mobile Business Amendments Petition No: PLNPCM2023-00938 Version: Transmitted Date Prepared: 4/7/26 Planning Commission Recommendation: Approval 6/12/2024 The proposed ordinance makes the following amendments (for summary purposes only):  Amends Title 21A to comply with legislative changes to Utah State Code Section 11-56 regarding mobile businesses  Deletes the words “mobile food business, mobile food courts, and vending carts” and replaces them with the words “mobile business.”  Amends Section 21A.36.160 to allow mobile businesses in zones that permit the “restaurant” land use.  Deletes Section 21A.36.161 because mobile food courts are now defined as a “mobile business” and are therefore regulated by Chapter 21A.36.160.  Amends Chapter 21A.62.040 to consolidate the “mobile food business, mobile food court, mobile food trailer, mobile food truck, and vending cart” definitions into one “mobile business” definition. Underlined text is new; text with a strikethrough is proposed to be deleted. The highlighted text reflects recent direction provided by the City Council at a Work Session. All other text is existing with no proposed change. 1 1. Amends Section 21A.33.040 Table of Permitted and Conditional Uses for Manufacturing Districts only 2 as to the following four uses, with no other changes to the table, as follows: 3 4 Use Permitted and Conditional Uses By District M-1 M-2 M-1A Mobile food business (operation in the public right-of-way) P P P Mobile food business (operation on private property) P P P Mobile food court P P P APPROVED AS TO FORM Salt Lake City Attorney’s Office Date: ____April 20, 2026___________ By: ____________________________ Katherine D. Pasker, Senior City Attorney 2 Vending cart, private property P P P 5 6 2. Amends Section 21A.33.050 Table of Permitted and Conditional Uses for Downtown Districts only as 7 to the following five uses, with no other changes to the table, as follows: 8 9 10 Use Permitted And Conditional Uses By District D-1 D-2 D-3 D-4 Mobile food business (operation in the public right-of- way) P P P P Mobile food business (operation on private property) P P P P Mobile food court P P P P Vending cart, private property P P P P Vending cart, public property 11 12 3. Amends Section 21A.33.060 Table of Permitted and Conditional Uses in the Gateway District only as 13 to the following five uses, with no other changes to the table, as follows: 14 15 Use G-MU Mobile food business (operation in the public right-of-way) P Mobile food business (operation on private property) P Mobile food court P Vending cart, private property P Vending cart, public property P 16 17 4. Amends Section 21A.33.070 Table of Permitted and Conditional Uses for Special Purpose Districts 18 only as to the following two uses, with no other changes to the table, as follows:19 3 20 Use Permitted And Conditional Uses By District RP BP FP AG AG- 2 AG- 5 AG- 20 OS NOS A PL PL- 2 I UI MH EI Vending cart, private property P P Vending cart, public property P 21 4 22 5. Amends Section 21A.36.160 as follows: 23 24 21A.36.160: MOBILE BUSINESSES: 25 26 A. Mobile Food Business Allowed: A mobile business is permitted as indicated in this Section. 27 28 1. Public Rights of Way: Mobile businesses located in a right of way shall comply with Title 5, 29 Chapters 5.65 and 5.69. Persons selling food or beverages from mobile food businesses may do 30 so by use of private property only, unless otherwise permitted under title 5, chapter 5.69 of this 31 Code. Use of private property by mobile food businesses shall be arranged with the real property 32 owner and proof of such property owner authorization shall be required prior to the issuance of a 33 business license. 34 35 2. Private Property: Mobile food businesses shall be permitted on private property when: are 36 allowed only within the SNB, CN, CB, CS, CC, CSHBD, CG, TSA, M-1, M-2, D-1, D-2, D-3, D-37 4, G-MU, RP, BP, UI, MH, MU, R-MU, R-MU-35, and R-MU-45 Zones, in accordance with the 38 provisions of this section 39 a. the use is listed as permitted in the land use tables found in 21A.33. 40 b. the property is located on government-owned property and the government entity has 41 authorized the mobile business to operate on the property. 42 c. the mobile business is associated with a special event or temporary use located in any 43 zoning district and is less than 12 hours in duration. 44 d. the mobile business is associated with a public event located in any zoning district that has 45 been authorized by the city, including when the private property is within ¼ mile of a public 46 event held on a public right of way. 47 48 3. Provisions found in this section shall not apply to vending carts, mobile ice cream vendors, 49 seasonal farm stands and other temporary merchants or uses that are specifically authorized by 50 this title or other City ordinances. 51 52 4. Limitations on vending carts: Nonmotorized mobile pushcarts may only prepare and sell food, 53 beverages, or similar items. 54 55 B. Business License Aand Fees Required: No mobile food business shall continue in operation 56 unless the holder thereof has paid an annual business regulatory fee and has met all applicable 57 requirements as set forth in section 5.04.070 of this Code, or its successor section for each mobile 58 food business. A business license is required for the operation of a mobile business as set forth in 59 Title 5, Chapters 5.65 and 5.69. 60 61 C. Separate Applications: Separate business license applications may be required for each mobile 62 food business. Separate business license fees shall be required for each mobile food business vehicle 63 operating under one business license. 64 65 D. Business Activity Tto Bbe Temporary: All business activity related to mobile food businesses 66 shall be of a temporary nature subject to the requirements below: 67 68 1. A mobile food truck business may not park in one individual location for the purpose of 69 conducting business for more than twelve (12) hours during any twenty four (24) hour period. 70 71 2. The mobile food truck shall be occupied by the owner or operator thereof at all times. 72 73 3. No overnight parking is allowed. 74 75 5 D. E. Location Aand Placement Requirements: The business operating location must be on private 76 property, on City streets as defined in title 5, chapter 5.69 of this Code, within the specified zones, or 77 as otherwise authorized by applicable City ordinance, subject to the requirements below: A mobile 78 business shall: 79 80 1. Only access a property using driveways and park on surfaces that comply with the standards 81 for surfacing in the Off Street Parking Standards Manual; Parking on a park strip, or otherwise 82 landscaped area is not allowed. 83 84 2. Park in legally established parking areas or areas that allow vehicular staging. Parking shall not 85 be allowed when blocking traffic, such as on a sidewalk, driveway, trail, or other pedestrian way 86 open to the public, and when creating a dangerous situation, including within a sight distance 87 triangle, a fire zone, or near a fire hydrant. Exceptions to this provision may be approved as part 88 of a special event permit authorized by the city; and A mobile food business shall park on a hard 89 surface. Alternatives to asphalt and cement may be approved by the transportation engineer if the 90 applicant is able to demonstrate that the alternative will not result in the accumulation of debris 91 on the City right-of-way. 92 93 3. Not obstruct pedestrian, bicycle, or vehicle access to any land use, including properties that 94 contain multiple land uses or businesses. Mobile food business vehicles must be parked so that 95 neither the vehicle nor the customers block driveways of existing buildings or uses, or in such a 96 manner as to create a traffic hazard. 97 98 4. No mobile food business shall occupy required parking stalls of the primary use. 99 100 5. No mobile food business shall interfere with the internal parking lot circulation. 101 102 6. Mobile food businesses shall not use the public right-of-way unless otherwise allowed by 103 ordinance. 104 105 7. Any auxiliary power required for the operation of the mobile food truck shall be self-106 contained. No use of public or private power sources are allowed without providing written 107 consent from the owner. 108 109 E. 8. Unless licensed prior to January 1, 2013, aA parked mobile food business shall conform to all 110 requirements in the Salt Lake City vehicle idling ordinances (tTitle 12, cChapter 12.58 of this Code). 111 112 F. 9. All materials generated from a mobile food business that are to be disposed of should shall be 113 disposed of properly. It is illegal to discharge or dispose of any substance, material, food, or waste 114 into the storm drain system. (Sections 17.84.100, prohibition of discharge into storm drain system; 115 17.36.220, prohibition against opening manhole covers, of this Code.) 116 117 G. 10. Mobile food businesses shall comply with all other applicable City ordinances. 118 Provisions found in this section shall not apply to downtown vendors, vending carts, mobile ice 119 cream vendors, seasonal farm stands and other temporary merchants or uses that are specifically 120 authorized by this title or other City ordinances. 121 122 H. F. Design Aand Operation Guidelines: Mobile food trucks operating in the public right-of-way 123 shall comply with the following design requirements: 124 125 1. Mobile food truck vehicles businesses that include the handling and distribution of food shall 126 obtain approval from the Salt Lake Valley Health Department. shall be designed to meet all 127 applicable Salt Lake Valley Health Department requirements relating to the handling and 128 distribution of food. 129 130 6 2. The mobile food truck business shall not have a drive-through. 131 132 3. Mobile food truck vVehicles shall be kept in good operating condition, no peeling paint or 133 rust shall be visible. 134 135 4. No mobile food truck vehicle operating in the public right-of- way shall operate within the 136 same block face as another mobile food vendor at any one time. 137 138 5. No mobile food truck vehicle shall operate within one hundred feet (100') on the same linear 139 block face of a door to a restaurant, mobile food vendor, food cart, or City authorized special 140 event selling food, except: 141 142 a. The above requirement may be waived if the application is submitted with the written 143 consent of the proprietor of such restaurant or shop. The consent shall be on forms deemed 144 appropriate by the Business License Administrator. Such waiver shall not exempt the 145 applicant from compliance with the other location and distance restrictions of this section. 146 147 4 6. All grounds utilized by a mobile food business shall at all times be maintained in a clean 148 and attractive condition at all times. 149 150 5. 7. Trash and recycling containers shall be provided for the use of the business patrons. 151 152 8. Mobile food businesses shall source local products when available. 153 154 9. Any enclosures or canopy extensions must be integrated into the design of the mobile food 155 business vehicle and must not project onto the public sidewalk or any other part of the public 156 right-of-way not authorized by the Transportation Division. 157 158 I G. Signs: No signs shall be used to advertise the conduct of a mobile food business at the premises 159 other than that which is physically attached to the self-contained business, except temporary signs 160 authorized by Ssection 21A.46.055 of this title. 161 162 H. Professional And Personal Services Prohibited: The performance of professional or personal 163 services for sale shall not be provided from a mobile food business. 164 165 I. Approved Kitchen: If the mobile food business includes an area for food preparation and/or sale, it 166 must be approved by the Salt Lake Valley Health Department. 167 168 J. Multiple Mobile Businesses on a Property: Multiple mobile businesses may be located on the same 169 property and at the same time. 170 171 172 6. Section 21A.36.161 is hereby repealed in its entirety: 173 174 21A.36.161: MOBILE FOOD COURTS: 175 A. Mobile Food Courts A Conditional Use: 176 1. Operating a mobile food court is unlawful without first obtaining conditional use approval subject 177 to the qualifying provisions written below as well as those in chapter 21A.54 of this title. 178 2. Mobile food courts are allowed by administrative conditional use approval only within the M-1, 179 M-2, D-1, D-2, D-3, D-4, G-MU, in accordance with the provisions of this chapter. 180 3. Provisions found in this section shall apply to mobile food businesses, vending carts, and seasonal 181 farm stands that are specifically authorized by this title or other City ordinances. 182 B. Qualifying Provisions: 183 1. A mobile food court is required to be on a parcel of at least two thousand (2,000) square feet in 184 size. 185 7 2. No less than two (2) and no more than ten (10) individual mobile food businesses or other 186 authorized vendors are allowed on a parcel. 187 3. No participating mobile food business or other authorized vendor shall continue in operation at the 188 mobile food court unless the holder thereof has paid an annual business regulatory fee as set forth in 189 section 5.04.070 of this Code, or its successor section. 190 4. All requirements of chapter 21A.48, "Landscaping And Buffers", of this title and section 191 21A.36.020, "Conformance With Lot And Bulk Controls", of this chapter, or their successor chapter or 192 section shall be met prior to the issuance of a permit. 193 5. Mobile food courts are for the sale of food products only. Retail sale of nonfood items is not 194 permitted. 195 6. A master sign plan for the mobile food court shall be submitted for review and approval as part of 196 the conditional use process. The plan shall provide information relating to permanent signs for the court, 197 as well as individual signs for each business. 198 7. All the proposed activities will be conducted on private property owned or otherwise controlled by 199 the applicant and none of the activities will occur on any public right-of-way. 200 8. The proposed mobile food court will not impede pedestrian or vehicular traffic in the public way. 201 9. The proposed mobile food court complies with all conditions pertaining to any existing variances, 202 conditional uses or other approvals granted for the property. 203 10. All activities associated with a mobile food court must comply with all Salt Lake Valley Health 204 Department requirements. 205 11. A detailed site plan demonstrating the following is required: 206 a. The location and orientation of each vendor pad. 207 b. The location of any paving, trash enclosures, landscaping, planters, fencing, canopies, umbrellas 208 or other table covers, barriers or any other site requirement by the International Building Code, or Health 209 Department. 210 c. The location of all existing and proposed activities on site. 211 d. The circulation of all pedestrian and vehicle traffic on the site. 212 e. The mobile food court shall not occupy required parking stalls of any primary use of the site. 213 12. Live music will not be performed nor loudspeakers played in the mobile food court area unless 214 the decibel level is within conformance with the Salt Lake City noise control ordinance, title 9, chapter 215 9.28 of this Code. 216 13. Hard surface paving at the vehicular entrance to the mobile food court, and for each individual 217 mobile food business is required. Alternatives to asphalt and cement may be approved as part of the 218 conditional use process if the applicant is able to demonstrate that the alternative will not result in the 219 accumulation of mud or debris on the city right-of-way. 220 221 222 7. Amends Section 21A.42.020 as follows: 223 224 21A.42.020: APPLICABILITY: 225 226 This chapter regulates temporary uses not otherwise regulated by tTitle 3, cChapter 3.50 of this 227 Code. Mobile businesses Food trucks and trailers are subject to cChapter 21A.36 of this title if on private 228 property or tTitle 5, chapter 5.69 of this Code if on public property. Art festivals, neighborhood fairs and 229 other similar activities, authorized by other City regulations to operate on public property or within the 230 public way, are not subject to the provisions of this chapter. 231 232 233 8. Amends Subsection 21A.42.060.A as follows: 234 235 A. Application: An application shall be submitted to the Zzoning Aadministrator. Every application 236 for a temporary use permit shall include a site plan and a traffic plan listing the date, time, location, 237 anticipated attendance, anticipated access routes, ingress and egress for emergency vehicles, and available 238 parking in the vicinity. The application shall be submitted to the Zoning Administrator at least thirty (30) 239 calendar days before the scheduled date that the temporary event or use is to take place unless the 240 8 Zzoning Aadministrator approves a shorter application deadline. The application shall include: 241 1. A site plan; 242 2. A traffic plan listing the date, time, location, anticipated attendance, anticipated access routes, 243 ingress and egress for emergency vehicles, and available parking in the vicinity; and 244 3. A plan for cleaning and associated wastewater disposal showing that all materials generated 245 from the temporary use are properly disposed, in accordance with Title 17 of this code. 246 247 248 9. Amends Subsection 21A.42.080.D as follows: 249 250 D. Temporary Food Service Aand Oother Small Scale Temporary Uses: Temporary food service and 251 other small scale temporary uses are permitted for a maximum of one hundred twenty (120) days each 252 calendar year. Such facilities shall be less than two hundred (200) square feet and shall not interfere with 253 pedestrian access to other businesses on the site. Food trucks and trailers Mobile businesses are subject 254 to cChapter 21A.36 of this title if on private property or tTitle 5, cChapter 5.69 of this Code if on public 255 property. 256 257 258 10. Amends Section 21A.62.040, only as to the following five definitions, as follows: 259 260 a. MOBILE FOOD BUSINESS: A business that serves food or beverages from a self-contained unit 261 maintains ongoing mobility and is either motorized, or in a trailer on wheels, or a cart pushed by a vendor, 262 and conducts all or part of its operations on premises other than its own and is readily movable, without 263 disassembling, for transport to another location. The term "mobile food business" shall not include 264 vending carts or mobile ice cream vendors. 265 266 b. MOBILE FOOD COURT: A parcel of land where two (2) or more mobile food businesses 267 congregate to offer food or beverages for sale to the public. Any cluster of more than one mobile food 268 business, vending cart and seasonal farm stand, located on the same parcel of land shall be considered a 269 mobile food court. 270 271 c. MOBILE FOOD TRAILER: A mobile food business that serves food or beverages from a 272 nonmotorized vehicle that is normally pulled behind a motorized vehicle. The term "mobile food trailer" 273 shall not include vending carts, mobile food trucks or mobile ice cream vendors. 274 275 d. MOBILE FOOD TRUCK: A mobile food business that serves food or beverages from an 276 enclosed self-contained motorized vehicle. The term "mobile food truck" shall not include vending carts, 277 mobile food trailers or mobile ice cream vendors. 278 279 e. VENDING CART: Includes any nonmotorized mobile device or pushcart from which limited 280 types of products, as listed in title 5, chapter 5.65 of this code, are sold or offered for sale directly to any 281 consumer, where the point of sale is conducted at the cart, where the duration of the sale is longer than 282 fourteen (14) days and where the vending cart meets the requirements of title 5, chapter 5.65 of this code 283 for the conducting of business in a specified permit operating area approved by the city. 284 285 286 11. Effective Date. This Ordinance shall take effect immediately after it has been published in 287 accordance with Utah Code § 10-3-711 and recorded in accordance with Utah Code § 10-3-713. 288 289 [end] 290