In order to protect the health, safety and welfare of the citizens of the county, the following regulations shall apply to the permitting and operation of mobile food vending vehicles ("food trucks or food carts") on public and private property within commercial or industrial zoning districts of the county. When not in conjunction with a special annual/one-time event (such as a festival, concert, grand-opening, anniversary, or school event where food vending is allowed as accessory and incidental to the event) the operation of mobile food vending vehicles on property zoned and developed for commercial or industrial use may be permitted subject to the following provisions.

(Ord. of 6-8-2020(2))

A.

The applicant shall provide the following to the zoning administrator:

(1)

A copy of a valid health permit from the Virginia Department of Health stating that the mobile food vending operation meets all applicable standards. A valid health permit must be maintained for the duration of the permit.

(2)

Written documentation of the consent of the owner(s) of the property or properties on which the food truck/cart will be operated.

(3)

Provide the physical location on a site sketch illustrating the set-up location of the mobile food vending vehicle/cart on the property or properties with setback dimensions provided.

(4)

A completed King and Queen County mobile food vending permit application.

B.

The mobile food vending permit shall be issued for a period not to exceed one year but may be renewed upon written request by the operator on an annual basis, provided that the permit holder is compliant with all requirements of this article.

C.

In addition to the commercial and industrial districts listed under chapter 3, article 3, mobile food vending shall be allowed to operate in the commercial areas of any approved and developed planned unit development mixed use district (PUD).

(Ord. of 6-8-2020(2))

A.

The following standards and conditions shall apply to all mobile food vending vehicle/cart operations:

(1)

The operator must have written documentation of the consent of the owner(s) of the property or properties on which the mobile food vending vehicle/cart will be operated;

(2)

Mobile food vending vehicles/carts shall operate only on developed and occupied property and only during the hours when the business/industrial establishment on the premises is open for business;

(3)

Unless otherwise approved by the zoning administrator, mobile food vending vehicles/carts shall be removed from any site when the on-premises establishment closes for the day. Prior to leaving the site, the vehicle operator shall pick up, remove, and dispose of all trash or refuse within at least 25 feet of the vehicle that consists of materials originally dispensed from the vehicle, including any packages or containers or parts thereof used with or for dispensing the menu items sold from the vehicle;

(4)

Only food products and beverages shall be permissible for sale or offered from any mobile food vending vehicle/cart;

(5)

No music or loud noise shall be played or made from the vehicle/cart in any manner so that the music or noise can be heard from outside of the vehicle/cart;

(6)

Any lighting attached to the exterior of the vehicle/cart or used to illuminate the menu boards or the customer waiting areas adjacent to the vehicle/cart shall be provided in accordance with King and Queen County's Outdoor Lighting Ordinance and shall be provided with fixtures that do not produce light spill onto adjacent properties or into the night sky;

(7)

Receptacles, either those already available on a site or temporary/portable ones provided by the mobile food vehicle/cart operator, shall be placed within ten feet of their own food truck/cart for disposal of all trash, refuse, compost, and garbage generated by the use;

(8)

Any greywater, fats, oils, grease, or hazardous liquids generated in the mobile food vending operation shall be contained within the vehicle/cart and transported off the property for proper disposal as permitted by law;

(9)

Mobile food vending vehicles/carts shall be parked at least 100 feet from any residential dwelling or the main entrance of any existing off-site restaurant establishment. Mobile food vending vehicles/carts shall be placed a minimum of 50 feet from the front property line and shall be located in a manner in which the vehicle meets the required side and rear yard setbacks as prescribed for the zoning district as set forth in article 5;

(10)

Mobile food vending vehicles shall not obstruct pedestrian or bicycle access or passage, impede traffic or parking lot circulation, or create safety or visibility problems for vehicles and pedestrians. Such vehicles may be parked in an existing parking lot provided that any required parking spaces are not obstructed and made unavailable;

(11)

Mobile food vending vehicles shall not be parked in or operated from a public street right-of-way;

(12)

Signage that is permanently affixed to the vehicle/cart shall be permitted; however, flags, banners, or other decorative appurtenances, whether attached or detached, shall not be allowed. Any other signage that is not permanently affixed to the vehicle/cart shall not be permitted;

(13)

No tables, chairs, stools, benches or the like shall be permitted. Portable toilets "porta potty's" are not permitted.

B.

The zoning administrator may revoke the permit at any time for failure of the permit holder to comply with any requirement of this article and to correct such noncompliance within the timeframe specified in a notice of violation. Notice of revocation shall be made in writing to the permit holder. Any person aggrieved by such notice may appeal the revocation to the board of zoning appeals.

(Ord. of 6-8-2020(2))