Ionia City Zoning Code
CHAPTER 1293
Regulation of Mobile Food Vending Units or Mobile Food Vending Parks
1293.01 INTENT.
This Chapter is intended to regulate the operation of mobile food vending units or mobile food vending parks within designated zoning districts. Mobile food vending operations are permitted in many locations in the business and light industrial districts. Such operations are also permitted in residentially-zoned districts of the City, if an institutional use is also present that provides adequate opportunity for mobile food vending.
(Ord. 567. Passed 10-4-22.)
1293.02 PUBLIC LANDS AND RIGHTS-OF-WAY.
No mobile food vending unit or mobile food vending park shall operate on any public land or public right-of-way unless first receiving a special event food vending permit issued via resolution of the City Council.
(Ord. 567. Passed 10-4-22.)
1293.03 PERMIT REQUIRED.
(a) No mobile food vendor shall operate a mobile food vending unit without a permit issued by the Zoning Administrator authorizing such operation. The Zoning Administrator shall prescribe the form of such permits and the application for such permits. The City Council shall set fees for the available permits from time to time via resolution.
(b) No vending through a mobile food vending unit of food or other human consumables shall be permitted unless operating pursuant to a permit issued under this Chapter.
(c) Notwithstanding the foregoing, no permit shall be required for a mobile food vending unit that is operated in conjunction with a community event approved by City Council through resolution. However, such units must still comply with all other applicable requirements of this Chapter and pay any established fee.
(d) Duration of Permit; non-transferability. The City Zoning Administrator may issue a single-day food vending permit, a temporary food vending permit valid for up to fifteen (15) days, or a seasonal food vending permit valid for up to nine (9) months. The mobile food vending unit must be identified on the permit. Any permit issued under this Chapter is nontransferable. Permit holders have no vested right to renew such permits, which may be subject to new conditions not included in the original permit.
(e) Application for permit. Any mobile food vendor desiring to engage in mobile food vending in the City shall submit a completed application to the Zoning Administrator for a permit under this Chapter. The applicant shall truthfully state all information requested on the application for a permit. Additionally, the applicant shall provide all documentation, such as proof of insurance and a signed indemnity agreement, as required by this Chapter or the application form. The application for a permit shall be accompanied by a fee established by the resolution of the City Council and shall be required at the time of application. Regardless of when the application is submitted during the calendar year, the fee shall be required in full, and the fee shall not be prorated. The applicant must identify on the application the dates for which operation is being requested.
(f) Notwithstanding any other provision of this Chapter, an application for mobile food vending shall not require a site plan conforming to the requirements in Chapter 1274. Instead, the applicant may submit an annotated aerial sketch showing the proposed location of the mobile food vending unit(s) and any accessory items (tables, trash cans, etc.) that would accompany it to the Zoning Administrator; for review.
(Ord. 567. Passed 10-4-22.)
1293.04 GENERAL STANDARDS.
All mobile food vending units shall abide by the general standards listed below unless otherwise specified by the Planning Commission through the special land use process.
(a) All mobile food vending units shall provide a waste container for public use, which the vendor shall empty at its own expense. All on-site trash and garbage originating from the operation of mobile food vending units shall be collected and disposed of off-site by the operators each day. Spills of food or food by-products shall be cleaned up, and no dumping of gray water on the ground is permitted.
(b) No mobile food vending unit shall make or cause to be made any unreasonable or excessive noise. The operation of all mobile food vehicles shall meet the City noise ordinance, including generators. No loud music, other high-decibel sounds, horns, "crying out" or any other audible methods to gain attention are permitted.
(c) Signage is permitted when placed directly on mobile food units, so long as it does not extend above or beyond the mobile vending unit itself. The vendor must otherwise follow the City's sign ordinance, including regulations for sidewalk signs (sandwich board signs).
(d) No flashing or blinking lights, or strobe lights, are allowed on mobile food vending units or related signage at any time. All exterior lights with over 60 watts shall contain opaque hood shields to direct the illumination downward.
(e) Awnings for mobile food vehicles shall have a minimum clearance of seven (7) feet between the ground level and the lowest point of the awning.
(f) Seating, tables, and other fixtures used for operation of a mobile food vending unit shall not be permanently placed on the property. All items used in association with the mobile food vending unit must be properly stored and put away at the close of each business day.
(g) Accessory buildings and structures are not permitted in association with mobile food vending units.
(h) Any power required for the mobile food vending unit shall be self-contained, and a mobile food vending unit shall not use utilities drawn from the public right-of-way. Mobile food vending units on private property may use electrical power drawn from the property being occupied or an adjacent property, but only if the property owner provides written consent to do so. No power cable or equipment shall be extended at or across any City street, alley, or sidewalk.
(i) The vendor shall make the mobile food vending unit permit available for inspection by any member of law enforcement, the City Manager, or City Clerk at any time the vendor is operating.
(j) The vendor shall follow all local, state and federal laws, rules and regulations in their operation of the mobile vending unit. A permit obtained under this Article shall not relieve the vendor of the responsibility of obtaining any other permit or authorization required by other ordinance, statute or administrative rule.
(k) All permits and licenses shall be prominently displayed on the mobile food vending unit.
(l) A mobile food vending unit shall not be located closer to 200 feet from any business that sells the same type of food product as the vendor without prior written permission of the local business.
(m) A mobile food vending unit may only operate within the following hours:
(1) 9:00 a.m. to 9:00 p.m. in residential districts
(2) 6:00 a.m. to 11:00 p.m. in non-residential districts
(n) The F Fairgrounds District shall be exempt from all regulations in Chapter 1293.
(Ord. 567. Passed 10-4-22.)
1293.05 PERMITTED USE IN THE RESIDENTIAL DISTRICTS AND EAST MAIN PRESERVATION OVERLAY DISTRICT.
(a) A maximum of one (1) mobile food vending unit may operate on a residential property as permitted through the single-day food vending permit. This use is only permitted up to two (2) times per calendar year.
(b) Subject to the provisions of this Chapter, up to two (2) mobile food vending units may operate as a temporary accessory use on any institutional lot in any residential zoning district (e.g., churches or schools).
(c) A permit is required for all residential mobile food vending as noted in Section 1293.03.
(d) Mobile food vending unit(s) shall be set back at least ten (10) feet from all property lines, buildings, and structures on the property. The units shall comply with all mobile food vendor regulations.
(Ord. 567. Passed 10-4-22; Ord. 588. Passed 7-2-24.)
1293.06 PERMITTED USE IN THE B-1, B-3, HSD, AND T DISTRICTS.
(a) Subject to the provisions of this Chapter, mobile food vending units may operate as a temporary accessory use on any lot in the district, except that lots with nonconforming residential uses shall follow the requirements of Section 1293.05.
(b) A permit is required as noted in Section 1293.03.
(c) Mobile food vending units shall be setback at least ten (10) feet from all property lines, buildings, and structures on the property. The units shall be oriented such that the food vending window faces toward the principal structure on the lot and shall comply with the applicable regulations for mobile food vendors.
(Ord. 567. Passed 10-4-22; Ord. 588. Passed 7-2-24; Ord. 591. Passed 12-4-24.)
1293.07 SPECIAL LAND USES IN THE B-3, HSD, AND T DISTRICTS.
Mobile food vending parks are intended to create spaces where a mobile food vending unit(s) can make improvements to a property in support of recurring seasonal food vending. Mobile food vending parks are not considered an accessory use and thus do not require a permanent principal structure on site.
(a) Mobile food vending parks shall be permitted by special land use permit only when conforming with all requirements outlined in Section 1293.08.
(b) Notwithstanding any other provision of this Chapter, an application for a mobile food vending park special use shall not require a site plan conforming to the requirements in Chapter 1274.
(Ord. 567. Passed 10-4-22; Ord. 588. Passed 7-2-24; Ord. 591. Passed 12-4-24.)
1293.08 DISTRICT REGULATIONS FOR MOBILE FOOD VENDING PARKS (FOOD TRUCK PARKS).
(a) An applicant must submit a detailed drawing showing the proposed location of the mobile food vending unit(s), accessory structures, and any fixtures (tables, trash cans, etc.) that would accompany it. The plans must include all dimensional distances from any adjoining property lines, buildings, or structures. All mobile food vending parks are special land uses and must be reviewed and approved by the City of Ionia Planning Commission.
(b) Mobile food vending parks shall be permitted only in the B-3 Business District, and T Technology Innovation Business Districts.
(c) Buffering Requirements.
(1) When adjoining a residential district, a six-foot-high wall, fence, or dense vegetation strip shall be erected and maintained along the connecting interior lot line.
(2) All lighting shall be shielded from adjacent residential districts.
(d) Performance Standards.
(1) A parking plan must be submitted with the application for Planning Commission review identifying a designated parking area separated from the mobile food vending park space. The use of a fence or vegetation strip to separate the two areas is encouraged.
(2) A minimum of one (1) but no more than five (5) mobile food vending units may be parked on a site at any given time. There shall be designated locations defined on the site plan submitted within the mobile food vending park for the parking of mobile food vending units. Each mobile food vending unit may have no less than ten feet of separation from other mobile food vending units.
(3) A seasonal food vending permit will be required annually for each mobile food vending unit located in the mobile food vending park.
(4) Mobile food vending parks shall provide an aesthetically pleasing environment that includes seating elements.
(5) Mobile food vending parks shall have restrooms available for patrons on-site.
(6) Accessory structures are permitted per Chapter 1286.01 and must be designated on any site plan submitted for a special land use.
(7) The hours of operation for a mobile food vending unit shall be limited to 6:00 a.m. to 11:00 p.m.
(8) The property owner or his/her designee is responsible for the orderly setup of the mobile food vending units, site cleanliness, and site compliance with all rules and regulations during business hours. Contact information for the owner or designee shall be made available to City staff.
(9) At least one electrical outlet shall be required at each designated mobile food vending unit site unless the mobile food vending unit is able to self-generate electricity.
(10) Lighting shall be as necessary to illuminate the mobile food vending park for patrons and staff. Flashing/blinking lights shall be prohibited.
(11) The mobile food vending park shall be kept clear of litter, food scraps, or other debris. Sweeping debris or spilled materials into the gutters of public streets shall be prohibited.
(12) At least one waste receptacle shall be provided for each mobile food vending unit and shall be emptied whenever full and at park closing. The mobile food vending park shall also be equipped with a large commercial dumpster into which bags from individual waste receptacles can be deposited. The commercial dumpster shall be appropriately screened.
(13) Tables, chairs, and umbrellas shall be of durable commercial-grade materials, sufficiently weighted to avoid displacement by the wind.
(14) Signage is permitted when placed directly on mobile food units, so long as it does not extend above or beyond the mobile vending unit itself. The vendor must otherwise follow the City's sign ordinance (Chapter 1284), including regulations for sidewalk signs (e.g., sandwich board signs).
(15) After expiration of the seasonal food vending permit the mobile food vending unit must be removed from the property. Storage of mobile food vending units will not be permitted on-site during the off-season.
(Ord. 567. Passed 10-4-22; Ord. 588. Passed 7-2-24; Ord. 591. Passed 12-4-24.)
1293.09 REVOCATION AND APPEALS.
(a) For good cause shown, the City Manager shall be authorized to revoke a mobile food vending permit granted per this Chapter upon the recommendation of a City department that participated in the permit review process.
(b) Upon revocation of a permit, the mobile food vending unit shall immediately cease operation upon notice by the City Manager or his or her representative. All furnishings and fixtures shall be immediately removed from the site.
(c) The mobile food vending unit may appeal the revocation to the Zoning Board of Appeals. However, until action is taken by the Zoning Board of Appeals regarding the appeal, the permit shall remain revoked.
(Ord. 567. Passed 10-4-22.)
1293.99 PENALTY.
Any person that violates this Chapter shall be subject to such penalties and fines as otherwise provided in this Title Six.
(Ord. 567. Passed 10-4-22.)