No lot area, yard or other open space, or required off-street parking area existing on or after the effective date of the ordinance codified in this title shall be reduced in area, dimension or size below the minimum required by this title, nor shall any lot area, yard or other open space, or off-street parking area which is required by this title for one use, be used as the lot area, yard or other open space or off-street parking requirement for any other use.

(Ord. 491 §1(part), 1992).

A use specifically mentioned as allowed outright or by conditional use permit in one district is not allowed in another district unless that use is specifically mentioned as the allowed or conditional use in that district.

(Ord. 491 §1(part), 1992).

All outdoor mobile vendors, where allowed by Chapters 17.32, 17.36, 17.40, 17.44, 17.48, 17.50 and 17.52 OMC, shall meet the following standards to protect the aesthetics of surrounding properties:

(1)

Exemptions. The following activities, businesses, and/or persons, as such are commonly known, shall be exempt from coverage of this section. This exemption shall not be construed to limit or restrict the application of other laws and regulations pertaining to such activities, businesses and/or persons:

(a)

Stands used to sell or distribute locally grown flowers, fruit, vegetables, produce or plants;

(b)

Outdoor mobile vendors set up only during community-sponsored events;

(2)

Application. Applicants for an outdoor mobile vendor permit shall provide the Administrator with a written application describing the proposed business in detail and specifically including as a minimum the following:

(a)

The proposed manner of operation of the business;

(b)

The goods, wares, services, merchandise or articles to be offered for sale;

(c)

The proposed dates, hours and duration of operation;

(d)

The proposed location of operation;

(e)

Available parking;

(f)

The proposed fire safety features and proposed lighting;

(g)

Proposed structures and locations;

(h)

Site plan;

(i)

Written, signed and notarized authorization of landowner;

The Administrator shall review the application based on such issues as public safety, pedestrian and vehicular traffic, public disturbance and noise concerns. The Administrator shall grant, deny or condition the permit based on the above considerations .Written notice of action on the application shall be provided to the applicant within 14 days of the city's receipt of a completed permit application .

(3)

Required Approvals.

(a)

All outdoor mobile vendors preparing and/or serving food shall obtain approval from the Okanogan County Health District prior to commencing any activities. Outdoor mobile vendors are required to comply with all laws, rules and regulations regarding food handling, and all vehicles, equipment, and devices used for the handling, storage, transportation and/or sale of food shall comply with Chapter 246- 215 WAC, as amended, and any other rules and regulations respecting such vehicles, equipment, and devices as may be established by the Okanogan County Health District.

(b)

All outdoor mobile vendors shall have state business license/registration.

(c)

All outdoor mobile vendors shall provide in writing and on a site plan the locations of utilities (water, sewer, storm water, etc.) servicing the stand or a plan for how water, sewer and stormwater, etc. will be handled . All service locations shall be reviewed by the public works department for approval, prior to commencement of activities at any location.

(d)

All outdoor mobile vendors shall obtain required permits from the city fire chief for installation of LPG tanks and piping.

(e)

All outdoor mobile vendors that are constructed to use electricity shall obtain a permit from Labor and Industries.

(f)

Any structure or accessory structure that is to be placed and used as a commercial stand shall require review for compliance with Oroville City Code as amended, which includes at minimum OMC Title 15, Buildings and Construction, OMC Title 5, Business Licenses, Taxes and Regulation, and this title.

(4)

Development Standards.

(a)

Shall not conduct business so as to violate any ordinances of the city, including those regulating traffic and rights-of-way, as now in effect or hereafter amended.

(b)

Shall not be located in such a manner as to cause a traffic hazard.

(c)

Shall not obstruct or cause to be obstructed the passage of a sidewalk, street, avenue, alley or any other public place by causing people to congregate at or near the place where services are being sold or offered for sale.

(d)

Are prohibited from occupying required parking spaces and vehicular traffic areas of existing businesses.

(e)

Employees must have access to sanitary facilities during working hours. If such facilities are to be provided by an adjoining use, the written, signed and notarized approval of the landowner is required.

(f)

All outdoor mobile vendors operations related to cooking, sale of goods, displays, and other portions of the operation outside of seating, landscaping, and singular display of goods, menus, and signage attached to the stand shall take place from within the enclosed mobile vending unit.

(g)

Shall provide garbage receptacles for customer use and provide for appropriate waste disposal.

(h)

All outdoor mobile vendors shall be maintained in a neat and orderly condition and manner, free of debris and litter.

(i)

Outdoor mobile vendors, including any outdoor or covered seating shall occupy an area no larger than 400 square feet. The size of an outdoor mobile vendor shall be counted as part of the lot coverage for the specific lot/parcel. If more than one outdoor mobile vendor is permitted per lot/parcel, then the total square footage is reduced to 250 square feet per outdoor mobile vendor.

(j)

At the conclusion of business activities at a given location, the vendor shall clean all areas surrounding his or her commercial stand of all debris, trash and litter generated by the vendor's business activities.

(k)

All advertising shall be placed via wall standards and be placed on the commercial stand. Wall sign regulations shall follow those of the underlying zoning district in relation to the size of the commercial stand; one sandwich board sign no larger than 24" x 36" shall be allowed providing its location is approved by the Public Works Director.

(l)

Outdoor mobile vendors shall submit a site plan providing accurate dimensions and locations of the following:

(i)

Proposed and existing structures;

(ii)

Proposed and existing land uses;

(iii)

Garbage and trash receptacles;

(iv)

Proposed and existing storage areas;

(v)

Location of adjacent streets, avenues, and alleys;

(vi)

Ingress and egress locations;

(vii)

"Use" area;

(viii)

Proposed and existing landscaping;

(ix)

Proposed and existing off-street parking.

(n)

For the purposes of this chapter, the "use" area is defined as an area described in the tenancy agreement between the landowner and tenant (person allowed to possess property belonging to the landowner for rights and privileges detailed in the tenancy agreement) of adequate size to carry on the agreed upon use consistent with city code.

(o)

Outdoor mobile vendors shall submit a written and notarized consent form from the property owner authorizing the property to be used for the proposed use and approving the accuracy of the site plan.

(p)

All outdoor mobile vendors shall provide off-street parking spaces in compliance with regulations for the zoning district where located, plus sufficient stacking for six vehicles for vendors with a drive-through a component.

(q)

Outdoor mobile vendors shall remain separate from and shall not be integrated into any permanent structure.

(Ord. No. 908, § 2, 5-18-2021)