South Ogden City Zoning Code

CHAPTER 24

MOBILE FOOD BUSINESSES

10-24-1: Mobile Food Business; Requirements

Mobile Food Businesses Allowed:
1. Persons selling food or beverages from mobile food businesses may do so by using private property only, unless otherwise permitted as provided elsewhere in this title. Use of private property by mobile food businesses shall be with the express approval of the real property owner and proof of that approval will be required prior to the issuance of a business license.
2. Mobile food businesses will be a permitted use only within all general, Neighborhood Commercial, and core subdistricts, in accordance with the provisions of this chapter.
3. Provisions found in this section shall not apply to vending carts, mobile ice cream vendors, seasonal farm stands and other temporary merchants or uses specifically authorized by this title or other City ordinances.
Business License And Fees Required: No mobile food business shall continue in operation unless the holder thereof has paid an annual business regulatory fee, an amount that reimburses the City for the cost of regulating the food truck, and has met all applicable requirements of South Ogden City. Notwithstanding the foregoing, the City will issue a license to a food truck operator who has obtained a business license to operate a food truck in another political subdivision within the State if the food truck operator presents to the City a current business license from the other political subdivision within the State; and, a current Health Department food truck permit from a local Health Department within the State; and, a current approval of a political subdivision within the State that shows that the food truck passed a fire safety inspection that the other political subdivision conducted in accordance with Utah Code section 11-56-104(4)(a).
Separate Applications/Licenses Not Required: Separate business license applications are not required for multiple food trucks of any single food truck operator. Separate business license fees are not required for each mobile food business vehicle operating under one business license granted to an individual food truck operator.
Business Activity To Be Temporary: All business activity related to mobile food businesses shall be of a temporary nature subject to the requirements below:
1. A mobile food truck may not park in one individual location for more than twelve (12) hours during any twenty four (24) hour period.
2. The mobile food truck shall be occupied by the owner or operator thereof at all times.
3. No overnight parking is allowed.
Location And Placement Requirements: The business operating location must be on private property, on City streets, within the specified zones, or as otherwise authorized by applicable City ordinance, subject to the requirements below:
1. Parking on a park strip, or otherwise landscaped area is not allowed.
2. A mobile food business shall park on a hard surface. Alternatives to asphalt and cement may be approved by the City Engineer if the applicant is able to demonstrate that the alternative will not result in the accumulation of debris on the City right-of-way.
3. Mobile food business vehicles must be parked so that neither the vehicle nor the customers block driveways of existing buildings or uses, or in such a manner as to create a traffic hazard.
4. No mobile food business shall interfere with the internal parking lot circulation.
5. Mobile food businesses shall not use the public right-of-way unless otherwise allowed by ordinance.
6. Any auxiliary power required for the operation of the mobile food truck shall be self-contained; no use of public or private power sources are allowed without providing written consent from the owner to the City.
7. Hours of operation are between seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M.
8. Vehicles may not idle.
9. All materials generated from a mobile food business requiring disposal should be disposed of properly. It is illegal to discharge or dispose of any substance, material, food, or waste into the storm drain system.
10. Mobile food businesses shall comply with all other applicable City ordinances. (Ord. 17-23, 11-21-2017, eff. 11-21-2017)
11. Notwithstanding anything in this chapter contrary, the City may not, as a business license qualification, require a food truck operator or food truck vendor to:
  1. Submit to or offer proof of a criminal background check; or,
  2. Demonstrate how the operation of the food truck will comply with a Land Use or Zoning Ordinance at the time the operator or vendor applies for the business license.
12. Notwithstanding anything in this chapter contrary, the City may not:
  1. Entirely or constructively prohibit food trucks in a zone in which a food establishment is a permitted or conditional use;
  2. Prohibit the operation of a food truck within a given distance of a restaurant;
  3. Restrict the total number of days a food truck operator may operate a food truck within the political subdivision during a calendar year;
  4. Require a food truck operator to:
    1. Provide to the City a site plan for each location in which the food truck operates in the public right-of-way, if the City permits food truck operation in the public right-of-way; or
    2. Obtain and pay for a land use permit for each location and time during which the food truck operates; or
  5. If a food truck operator has the consent of a private property owner to operate the food truck on the private property:
    1. Limit the number of days the food truck may operate on the private property;
    2. Require that the food truck operator provide to the City or keep on file in the food truck the private property owner's written consent; or
    3. Require a site plan for the operation of the food truck on the private property where the food truck operates in the same location for less than ten (10) hours per week. (Ord. 18-15, 11-20-2018, eff. 11-20-2018)
Provisions found in this subsection shall not apply to downtown vendors, vending carts, mobile ice cream vendors, seasonal farm stands and other temporary merchants or uses that are specifically authorized by this title or other City ordinances.
Design And Operation Guidelines: Mobile food trucks operating in the public right-of-way shall comply with the following design requirements:
1. Mobile food truck vehicles shall meet all applicable Weber County Health Department requirements relating to the handling and distribution of food.
2. Mobile food truck vehicles shall be kept in good operating condition, no peeling paint or rust shall be visible.
3. All grounds utilized by a mobile food business shall at all times be maintained in a clean and attractive condition.
4. Trash and recycling containers shall be provided for use of the business patrons.
5. Any enclosures or canopy extensions must be integrated into the design of the mobile food business vehicle and must not project onto the public sidewalk or any other part of the public right-of-way not authorized by the City.
Signs: No signs shall be used to advertise the conduct of a mobile food business at the premises other than that which is physically attached to the vehicle, except temporary signs authorized elsewhere in this title.
Professional And Personal Services Prohibited: The performance of professional or personal services for sale shall not be provided from a mobile food business.
Approved Kitchen: If the mobile food business includes an area for food preparation and/or sale, it must be approved by the Weber County Health Department. (Ord. 17-23, 11-21-2017, eff. 11-21-2017)

10-24-2: Mobile Food Courts

Mobile Food Courts Allowed:
1. Operating a mobile food court is unlawful without first obtaining approval subject to the qualifying provisions written below.
2. Mobile food courts shall be a permitted use only within all General, Neighborhood Commercial, and Core Subdistricts, in accordance with the provisions of this chapter.
3. Provisions found in this section shall apply to mobile food businesses, vending carts, and seasonal farm stands that are specifically authorized by this title or other City ordinances.
Qualifying Provisions:
1. A mobile food court must be on a parcel of at least two thousand (2,000) square feet in size.
2. No less than two (2) and no more than ten (10) individual mobile food businesses or other authorized vendors are allowed on a parcel.
3. No participating mobile food business or other authorized vendor shall continue in operation at the mobile food court unless the holder thereof has paid an annual business regulatory fee as set forth by South Ogden City.
4. Mobile food courts are for the sale of food products only. Retail sale of nonfood items is not permitted.
5. All proposed activities will be conducted on private property owned or otherwise controlled by the applicant or public property where permission has been received and none of the activities will occur on any public right-of-way.
6. The proposed mobile food court will not impede pedestrian or vehicular traffic in the public way.
7. The proposed mobile food court must comply with all conditions pertaining to any existing variances, conditional uses or other approvals granted for the property.
8. All activities associated with a mobile food court must comply with Weber County Health Department requirements.
9. A detailed site plan demonstrating the following is required:
  1. The location and orientation of each vendor pad.
  2. The location of any paving, trash enclosures, landscaping, planters, fencing, canopies, umbrellas or other shade structures, barriers or any other site requirement by the International Building Code, or Health Department.
  3. The location of all existing and proposed activities on site.
  4. The circulation of all pedestrian and vehicle traffic on the site.
10. Hours of operation are between seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M.
11. Vehicles may not idle. (Ord. 17-23, 11-21-2017, eff. 11-21-2017)

10-24-3: Mobile Food Business In The Public Right-Of-Way

Purpose And Intent: Mobile food businesses conducted within public streets pose special dangers to the health, safety and welfare of the public. Companies and individuals who engage in the operation of mobile food businesses require clear and concise regulations, to prevent safety, traffic and health hazards, and to preserve the peace, safety and welfare of the community.
Mobile Food Businesses Allowed:
1. No person shall operate a mobile food business in the public right-of-way, without first having obtained a business license from South Ogden City.
2. Mobile food truck vehicles are allowed to operate in the public right-of-way within all general, Neighborhood Commercial, and core subdistricts, in accordance with the provisions of this chapter.
3. Provisions found in this section shall not apply to vending carts, mobile food trailers, mobile ice cream vendors, seasonal farm stands and other temporary merchants or uses specifically authorized by this title or other City ordinances.
Separate Applications: Separate business license applications may be required for each mobile food business. Separate business license applications are not required for multiple food trucks of any single food truck operator. Separate business license fees are not required for each mobile food business vehicle operating under one business license granted to an individual food truck operator.
Fees; Annual Operation: No license shall be issued or continued in operation unless the holder thereof has paid an annual business regulatory fee.
Business Activity To Be Temporary: All business activity related to mobile food businesses shall be temporary in nature, the duration of which shall not extend for more than twelve (12) hours within a twenty four (24) hour period at any one premises or location.
Use Of Public Right-Of-Way: Each mobile food business, offering food from motorized vehicles within the public right-of-way shall abide by the following conditions and requirements. Failure to comply may cause the suspension or revocation of a business license, and is a Class B misdemeanor:
1. Mobile food business shall obey all parking and traffic regulations.
2. Parking on a park strip, or otherwise landscaped area is not allowed.
3. Mobile food truck vehicles utilizing the parking space within the public right-of-way shall park only in parallel parking spaces. Mobile food truck vehicles must be parked so that neither the vehicle nor the customers block driveways of existing buildings or uses.
4. The operator shall locate the vending window facing the sidewalk. Mobile food truck vehicles manufactured to operate from the rear of the vehicle must obtain special permission from the City to operate in the public right-of-way.
5. Operator of the mobile food truck vehicle shall ensure that its use of the right-of-way, including the sidewalk, in no way interferes with or limits the free and unobstructed passage of pedestrians.
6. The mobile food truck vehicle shall be prohibited from pulling any trailer.
7. The operator of the mobile food truck vehicle shall not sell to any person standing in the roadway unless approved by the City.
8. Mobile food truck vehicles shall not operate on public streets where the speed limit exceeds forty five (45) miles per hour.
9. Any auxiliary power required for the operation of the mobile food truck shall be self-contained; no use of public or private power sources are allowed without providing written consent from the owner to the City.
10. All motorized vehicles of the applicant and operators shall comply with all other requirements of this chapter and any other requirements of ordinance or statute that may apply.
11. All materials generated from a mobile food business requiring disposal should be disposed of properly. It is illegal to discharge or dispose of any substance, material, food, or waste into the storm drain system.
Design And Operation Guidelines: Mobile food trucks operating in the public right-of-way shall comply with the following design requirements:
1. Mobile food truck vehicles shall meet all applicable Weber County Health Department requirements relating to the handling and distribution of food.
2. Mobile food truck vehicles shall be kept in good operating condition, no peeling paint or rust shall be visible.
3. No mobile food truck vehicle operating in the public right-of-way shall operate within the same block face of another mobile food vendor at any one time.
4. No mobile food truck vehicle shall operate within one hundred fifty feet (150') of a door to a restaurant, mobile food vendor, food cart, or City authorized special event selling food, except:
  1. The above requirement may be waived if the application is submitted with the written consent of the proprietor of such restaurant or shop. The consent shall be on forms deemed appropriate by the Business License Administrator. Such waiver shall not exempt the applicant from compliance with the other location and distance restrictions of this chapter.
5. All grounds utilized by a mobile food business shall at all times be maintained in a clean and attractive condition.
6. Trash and recycling containers shall be provided for the business patrons.
7. Any enclosures or canopy extensions must be integrated into the design of the mobile food business vehicle and must not project onto the public sidewalk or any other part of the public right-of-way not authorized by the City.
8. Hours of operation are between seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M.
9. Vehicles may not idle.
Signs: No signs shall be used to advertise the conduct of the mobile business at the premises other than that which is physically attached to the vehicle, except temporary signs otherwise authorized by this title.
1. Professional And Personal Services Prohibited: The performance of professional or personal services for sale shall not be provided from a mobile food truck.
2. Special Events: The restrictions of this chapter notwithstanding, nothing herein shall prohibit the City from authorizing mobile food businesses, other than those licensed under this chapter, to conduct concurrent vending operations within the public right-of-way, or such other areas as the City may deem appropriate, during special events (special event vendors). The special event vendors shall not be governed by this chapter, but shall be governed by such other ordinance, City policy, or executive order as may be applicable. However, as long as the public right-of-way remains open to the general public, such authorization of special event vendors shall not require removal of a permittee under this chapter from operating within his/her designated permit operating location or a mutually acceptable adjacent alternative location during such special event, unless otherwise provided under the City's ordinances. If the City is closing a public right-of-way to general access, either partially or fully, in order to accommodate a special event, the mobile food business may not access that right-of-way unless specifically authorized by the City. (Ord. 17-23, 11-21-2017, eff. 11-21-2017)

South Ogden City Zoning Code

CHAPTER 24

MOBILE FOOD BUSINESSES

10-24-1: Mobile Food Business; Requirements

Mobile Food Businesses Allowed:
1. Persons selling food or beverages from mobile food businesses may do so by using private property only, unless otherwise permitted as provided elsewhere in this title. Use of private property by mobile food businesses shall be with the express approval of the real property owner and proof of that approval will be required prior to the issuance of a business license.
2. Mobile food businesses will be a permitted use only within all general, Neighborhood Commercial, and core subdistricts, in accordance with the provisions of this chapter.
3. Provisions found in this section shall not apply to vending carts, mobile ice cream vendors, seasonal farm stands and other temporary merchants or uses specifically authorized by this title or other City ordinances.
Business License And Fees Required: No mobile food business shall continue in operation unless the holder thereof has paid an annual business regulatory fee, an amount that reimburses the City for the cost of regulating the food truck, and has met all applicable requirements of South Ogden City. Notwithstanding the foregoing, the City will issue a license to a food truck operator who has obtained a business license to operate a food truck in another political subdivision within the State if the food truck operator presents to the City a current business license from the other political subdivision within the State; and, a current Health Department food truck permit from a local Health Department within the State; and, a current approval of a political subdivision within the State that shows that the food truck passed a fire safety inspection that the other political subdivision conducted in accordance with Utah Code section 11-56-104(4)(a).
Separate Applications/Licenses Not Required: Separate business license applications are not required for multiple food trucks of any single food truck operator. Separate business license fees are not required for each mobile food business vehicle operating under one business license granted to an individual food truck operator.
Business Activity To Be Temporary: All business activity related to mobile food businesses shall be of a temporary nature subject to the requirements below:
1. A mobile food truck may not park in one individual location for more than twelve (12) hours during any twenty four (24) hour period.
2. The mobile food truck shall be occupied by the owner or operator thereof at all times.
3. No overnight parking is allowed.
Location And Placement Requirements: The business operating location must be on private property, on City streets, within the specified zones, or as otherwise authorized by applicable City ordinance, subject to the requirements below:
1. Parking on a park strip, or otherwise landscaped area is not allowed.
2. A mobile food business shall park on a hard surface. Alternatives to asphalt and cement may be approved by the City Engineer if the applicant is able to demonstrate that the alternative will not result in the accumulation of debris on the City right-of-way.
3. Mobile food business vehicles must be parked so that neither the vehicle nor the customers block driveways of existing buildings or uses, or in such a manner as to create a traffic hazard.
4. No mobile food business shall interfere with the internal parking lot circulation.
5. Mobile food businesses shall not use the public right-of-way unless otherwise allowed by ordinance.
6. Any auxiliary power required for the operation of the mobile food truck shall be self-contained; no use of public or private power sources are allowed without providing written consent from the owner to the City.
7. Hours of operation are between seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M.
8. Vehicles may not idle.
9. All materials generated from a mobile food business requiring disposal should be disposed of properly. It is illegal to discharge or dispose of any substance, material, food, or waste into the storm drain system.
10. Mobile food businesses shall comply with all other applicable City ordinances. (Ord. 17-23, 11-21-2017, eff. 11-21-2017)
11. Notwithstanding anything in this chapter contrary, the City may not, as a business license qualification, require a food truck operator or food truck vendor to:
  1. Submit to or offer proof of a criminal background check; or,
  2. Demonstrate how the operation of the food truck will comply with a Land Use or Zoning Ordinance at the time the operator or vendor applies for the business license.
12. Notwithstanding anything in this chapter contrary, the City may not:
  1. Entirely or constructively prohibit food trucks in a zone in which a food establishment is a permitted or conditional use;
  2. Prohibit the operation of a food truck within a given distance of a restaurant;
  3. Restrict the total number of days a food truck operator may operate a food truck within the political subdivision during a calendar year;
  4. Require a food truck operator to:
    1. Provide to the City a site plan for each location in which the food truck operates in the public right-of-way, if the City permits food truck operation in the public right-of-way; or
    2. Obtain and pay for a land use permit for each location and time during which the food truck operates; or
  5. If a food truck operator has the consent of a private property owner to operate the food truck on the private property:
    1. Limit the number of days the food truck may operate on the private property;
    2. Require that the food truck operator provide to the City or keep on file in the food truck the private property owner's written consent; or
    3. Require a site plan for the operation of the food truck on the private property where the food truck operates in the same location for less than ten (10) hours per week. (Ord. 18-15, 11-20-2018, eff. 11-20-2018)
Provisions found in this subsection shall not apply to downtown vendors, vending carts, mobile ice cream vendors, seasonal farm stands and other temporary merchants or uses that are specifically authorized by this title or other City ordinances.
Design And Operation Guidelines: Mobile food trucks operating in the public right-of-way shall comply with the following design requirements:
1. Mobile food truck vehicles shall meet all applicable Weber County Health Department requirements relating to the handling and distribution of food.
2. Mobile food truck vehicles shall be kept in good operating condition, no peeling paint or rust shall be visible.
3. All grounds utilized by a mobile food business shall at all times be maintained in a clean and attractive condition.
4. Trash and recycling containers shall be provided for use of the business patrons.
5. Any enclosures or canopy extensions must be integrated into the design of the mobile food business vehicle and must not project onto the public sidewalk or any other part of the public right-of-way not authorized by the City.
Signs: No signs shall be used to advertise the conduct of a mobile food business at the premises other than that which is physically attached to the vehicle, except temporary signs authorized elsewhere in this title.
Professional And Personal Services Prohibited: The performance of professional or personal services for sale shall not be provided from a mobile food business.
Approved Kitchen: If the mobile food business includes an area for food preparation and/or sale, it must be approved by the Weber County Health Department. (Ord. 17-23, 11-21-2017, eff. 11-21-2017)

10-24-2: Mobile Food Courts

Mobile Food Courts Allowed:
1. Operating a mobile food court is unlawful without first obtaining approval subject to the qualifying provisions written below.
2. Mobile food courts shall be a permitted use only within all General, Neighborhood Commercial, and Core Subdistricts, in accordance with the provisions of this chapter.
3. Provisions found in this section shall apply to mobile food businesses, vending carts, and seasonal farm stands that are specifically authorized by this title or other City ordinances.
Qualifying Provisions:
1. A mobile food court must be on a parcel of at least two thousand (2,000) square feet in size.
2. No less than two (2) and no more than ten (10) individual mobile food businesses or other authorized vendors are allowed on a parcel.
3. No participating mobile food business or other authorized vendor shall continue in operation at the mobile food court unless the holder thereof has paid an annual business regulatory fee as set forth by South Ogden City.
4. Mobile food courts are for the sale of food products only. Retail sale of nonfood items is not permitted.
5. All proposed activities will be conducted on private property owned or otherwise controlled by the applicant or public property where permission has been received and none of the activities will occur on any public right-of-way.
6. The proposed mobile food court will not impede pedestrian or vehicular traffic in the public way.
7. The proposed mobile food court must comply with all conditions pertaining to any existing variances, conditional uses or other approvals granted for the property.
8. All activities associated with a mobile food court must comply with Weber County Health Department requirements.
9. A detailed site plan demonstrating the following is required:
  1. The location and orientation of each vendor pad.
  2. The location of any paving, trash enclosures, landscaping, planters, fencing, canopies, umbrellas or other shade structures, barriers or any other site requirement by the International Building Code, or Health Department.
  3. The location of all existing and proposed activities on site.
  4. The circulation of all pedestrian and vehicle traffic on the site.
10. Hours of operation are between seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M.
11. Vehicles may not idle. (Ord. 17-23, 11-21-2017, eff. 11-21-2017)

10-24-3: Mobile Food Business In The Public Right-Of-Way

Purpose And Intent: Mobile food businesses conducted within public streets pose special dangers to the health, safety and welfare of the public. Companies and individuals who engage in the operation of mobile food businesses require clear and concise regulations, to prevent safety, traffic and health hazards, and to preserve the peace, safety and welfare of the community.
Mobile Food Businesses Allowed:
1. No person shall operate a mobile food business in the public right-of-way, without first having obtained a business license from South Ogden City.
2. Mobile food truck vehicles are allowed to operate in the public right-of-way within all general, Neighborhood Commercial, and core subdistricts, in accordance with the provisions of this chapter.
3. Provisions found in this section shall not apply to vending carts, mobile food trailers, mobile ice cream vendors, seasonal farm stands and other temporary merchants or uses specifically authorized by this title or other City ordinances.
Separate Applications: Separate business license applications may be required for each mobile food business. Separate business license applications are not required for multiple food trucks of any single food truck operator. Separate business license fees are not required for each mobile food business vehicle operating under one business license granted to an individual food truck operator.
Fees; Annual Operation: No license shall be issued or continued in operation unless the holder thereof has paid an annual business regulatory fee.
Business Activity To Be Temporary: All business activity related to mobile food businesses shall be temporary in nature, the duration of which shall not extend for more than twelve (12) hours within a twenty four (24) hour period at any one premises or location.
Use Of Public Right-Of-Way: Each mobile food business, offering food from motorized vehicles within the public right-of-way shall abide by the following conditions and requirements. Failure to comply may cause the suspension or revocation of a business license, and is a Class B misdemeanor:
1. Mobile food business shall obey all parking and traffic regulations.
2. Parking on a park strip, or otherwise landscaped area is not allowed.
3. Mobile food truck vehicles utilizing the parking space within the public right-of-way shall park only in parallel parking spaces. Mobile food truck vehicles must be parked so that neither the vehicle nor the customers block driveways of existing buildings or uses.
4. The operator shall locate the vending window facing the sidewalk. Mobile food truck vehicles manufactured to operate from the rear of the vehicle must obtain special permission from the City to operate in the public right-of-way.
5. Operator of the mobile food truck vehicle shall ensure that its use of the right-of-way, including the sidewalk, in no way interferes with or limits the free and unobstructed passage of pedestrians.
6. The mobile food truck vehicle shall be prohibited from pulling any trailer.
7. The operator of the mobile food truck vehicle shall not sell to any person standing in the roadway unless approved by the City.
8. Mobile food truck vehicles shall not operate on public streets where the speed limit exceeds forty five (45) miles per hour.
9. Any auxiliary power required for the operation of the mobile food truck shall be self-contained; no use of public or private power sources are allowed without providing written consent from the owner to the City.
10. All motorized vehicles of the applicant and operators shall comply with all other requirements of this chapter and any other requirements of ordinance or statute that may apply.
11. All materials generated from a mobile food business requiring disposal should be disposed of properly. It is illegal to discharge or dispose of any substance, material, food, or waste into the storm drain system.
Design And Operation Guidelines: Mobile food trucks operating in the public right-of-way shall comply with the following design requirements:
1. Mobile food truck vehicles shall meet all applicable Weber County Health Department requirements relating to the handling and distribution of food.
2. Mobile food truck vehicles shall be kept in good operating condition, no peeling paint or rust shall be visible.
3. No mobile food truck vehicle operating in the public right-of-way shall operate within the same block face of another mobile food vendor at any one time.
4. No mobile food truck vehicle shall operate within one hundred fifty feet (150') of a door to a restaurant, mobile food vendor, food cart, or City authorized special event selling food, except:
  1. The above requirement may be waived if the application is submitted with the written consent of the proprietor of such restaurant or shop. The consent shall be on forms deemed appropriate by the Business License Administrator. Such waiver shall not exempt the applicant from compliance with the other location and distance restrictions of this chapter.
5. All grounds utilized by a mobile food business shall at all times be maintained in a clean and attractive condition.
6. Trash and recycling containers shall be provided for the business patrons.
7. Any enclosures or canopy extensions must be integrated into the design of the mobile food business vehicle and must not project onto the public sidewalk or any other part of the public right-of-way not authorized by the City.
8. Hours of operation are between seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M.
9. Vehicles may not idle.
Signs: No signs shall be used to advertise the conduct of the mobile business at the premises other than that which is physically attached to the vehicle, except temporary signs otherwise authorized by this title.
1. Professional And Personal Services Prohibited: The performance of professional or personal services for sale shall not be provided from a mobile food truck.
2. Special Events: The restrictions of this chapter notwithstanding, nothing herein shall prohibit the City from authorizing mobile food businesses, other than those licensed under this chapter, to conduct concurrent vending operations within the public right-of-way, or such other areas as the City may deem appropriate, during special events (special event vendors). The special event vendors shall not be governed by this chapter, but shall be governed by such other ordinance, City policy, or executive order as may be applicable. However, as long as the public right-of-way remains open to the general public, such authorization of special event vendors shall not require removal of a permittee under this chapter from operating within his/her designated permit operating location or a mutually acceptable adjacent alternative location during such special event, unless otherwise provided under the City's ordinances. If the City is closing a public right-of-way to general access, either partially or fully, in order to accommodate a special event, the mobile food business may not access that right-of-way unless specifically authorized by the City. (Ord. 17-23, 11-21-2017, eff. 11-21-2017)

South Ogden City Zoning Code

CHAPTER 24

MOBILE FOOD BUSINESSES

10-24-1: Mobile Food Business; Requirements

Mobile Food Businesses Allowed:
1. Persons selling food or beverages from mobile food businesses may do so by using private property only, unless otherwise permitted as provided elsewhere in this title. Use of private property by mobile food businesses shall be with the express approval of the real property owner and proof of that approval will be required prior to the issuance of a business license.
2. Mobile food businesses will be a permitted use only within all general, Neighborhood Commercial, and core subdistricts, in accordance with the provisions of this chapter.
3. Provisions found in this section shall not apply to vending carts, mobile ice cream vendors, seasonal farm stands and other temporary merchants or uses specifically authorized by this title or other City ordinances.
Business License And Fees Required: No mobile food business shall continue in operation unless the holder thereof has paid an annual business regulatory fee, an amount that reimburses the City for the cost of regulating the food truck, and has met all applicable requirements of South Ogden City. Notwithstanding the foregoing, the City will issue a license to a food truck operator who has obtained a business license to operate a food truck in another political subdivision within the State if the food truck operator presents to the City a current business license from the other political subdivision within the State; and, a current Health Department food truck permit from a local Health Department within the State; and, a current approval of a political subdivision within the State that shows that the food truck passed a fire safety inspection that the other political subdivision conducted in accordance with Utah Code section 11-56-104(4)(a).
Separate Applications/Licenses Not Required: Separate business license applications are not required for multiple food trucks of any single food truck operator. Separate business license fees are not required for each mobile food business vehicle operating under one business license granted to an individual food truck operator.
Business Activity To Be Temporary: All business activity related to mobile food businesses shall be of a temporary nature subject to the requirements below:
1. A mobile food truck may not park in one individual location for more than twelve (12) hours during any twenty four (24) hour period.
2. The mobile food truck shall be occupied by the owner or operator thereof at all times.
3. No overnight parking is allowed.
Location And Placement Requirements: The business operating location must be on private property, on City streets, within the specified zones, or as otherwise authorized by applicable City ordinance, subject to the requirements below:
1. Parking on a park strip, or otherwise landscaped area is not allowed.
2. A mobile food business shall park on a hard surface. Alternatives to asphalt and cement may be approved by the City Engineer if the applicant is able to demonstrate that the alternative will not result in the accumulation of debris on the City right-of-way.
3. Mobile food business vehicles must be parked so that neither the vehicle nor the customers block driveways of existing buildings or uses, or in such a manner as to create a traffic hazard.
4. No mobile food business shall interfere with the internal parking lot circulation.
5. Mobile food businesses shall not use the public right-of-way unless otherwise allowed by ordinance.
6. Any auxiliary power required for the operation of the mobile food truck shall be self-contained; no use of public or private power sources are allowed without providing written consent from the owner to the City.
7. Hours of operation are between seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M.
8. Vehicles may not idle.
9. All materials generated from a mobile food business requiring disposal should be disposed of properly. It is illegal to discharge or dispose of any substance, material, food, or waste into the storm drain system.
10. Mobile food businesses shall comply with all other applicable City ordinances. (Ord. 17-23, 11-21-2017, eff. 11-21-2017)
11. Notwithstanding anything in this chapter contrary, the City may not, as a business license qualification, require a food truck operator or food truck vendor to:
  1. Submit to or offer proof of a criminal background check; or,
  2. Demonstrate how the operation of the food truck will comply with a Land Use or Zoning Ordinance at the time the operator or vendor applies for the business license.
12. Notwithstanding anything in this chapter contrary, the City may not:
  1. Entirely or constructively prohibit food trucks in a zone in which a food establishment is a permitted or conditional use;
  2. Prohibit the operation of a food truck within a given distance of a restaurant;
  3. Restrict the total number of days a food truck operator may operate a food truck within the political subdivision during a calendar year;
  4. Require a food truck operator to:
    1. Provide to the City a site plan for each location in which the food truck operates in the public right-of-way, if the City permits food truck operation in the public right-of-way; or
    2. Obtain and pay for a land use permit for each location and time during which the food truck operates; or
  5. If a food truck operator has the consent of a private property owner to operate the food truck on the private property:
    1. Limit the number of days the food truck may operate on the private property;
    2. Require that the food truck operator provide to the City or keep on file in the food truck the private property owner's written consent; or
    3. Require a site plan for the operation of the food truck on the private property where the food truck operates in the same location for less than ten (10) hours per week. (Ord. 18-15, 11-20-2018, eff. 11-20-2018)
Provisions found in this subsection shall not apply to downtown vendors, vending carts, mobile ice cream vendors, seasonal farm stands and other temporary merchants or uses that are specifically authorized by this title or other City ordinances.
Design And Operation Guidelines: Mobile food trucks operating in the public right-of-way shall comply with the following design requirements:
1. Mobile food truck vehicles shall meet all applicable Weber County Health Department requirements relating to the handling and distribution of food.
2. Mobile food truck vehicles shall be kept in good operating condition, no peeling paint or rust shall be visible.
3. All grounds utilized by a mobile food business shall at all times be maintained in a clean and attractive condition.
4. Trash and recycling containers shall be provided for use of the business patrons.
5. Any enclosures or canopy extensions must be integrated into the design of the mobile food business vehicle and must not project onto the public sidewalk or any other part of the public right-of-way not authorized by the City.
Signs: No signs shall be used to advertise the conduct of a mobile food business at the premises other than that which is physically attached to the vehicle, except temporary signs authorized elsewhere in this title.
Professional And Personal Services Prohibited: The performance of professional or personal services for sale shall not be provided from a mobile food business.
Approved Kitchen: If the mobile food business includes an area for food preparation and/or sale, it must be approved by the Weber County Health Department. (Ord. 17-23, 11-21-2017, eff. 11-21-2017)

10-24-2: Mobile Food Courts

Mobile Food Courts Allowed:
1. Operating a mobile food court is unlawful without first obtaining approval subject to the qualifying provisions written below.
2. Mobile food courts shall be a permitted use only within all General, Neighborhood Commercial, and Core Subdistricts, in accordance with the provisions of this chapter.
3. Provisions found in this section shall apply to mobile food businesses, vending carts, and seasonal farm stands that are specifically authorized by this title or other City ordinances.
Qualifying Provisions:
1. A mobile food court must be on a parcel of at least two thousand (2,000) square feet in size.
2. No less than two (2) and no more than ten (10) individual mobile food businesses or other authorized vendors are allowed on a parcel.
3. No participating mobile food business or other authorized vendor shall continue in operation at the mobile food court unless the holder thereof has paid an annual business regulatory fee as set forth by South Ogden City.
4. Mobile food courts are for the sale of food products only. Retail sale of nonfood items is not permitted.
5. All proposed activities will be conducted on private property owned or otherwise controlled by the applicant or public property where permission has been received and none of the activities will occur on any public right-of-way.
6. The proposed mobile food court will not impede pedestrian or vehicular traffic in the public way.
7. The proposed mobile food court must comply with all conditions pertaining to any existing variances, conditional uses or other approvals granted for the property.
8. All activities associated with a mobile food court must comply with Weber County Health Department requirements.
9. A detailed site plan demonstrating the following is required:
  1. The location and orientation of each vendor pad.
  2. The location of any paving, trash enclosures, landscaping, planters, fencing, canopies, umbrellas or other shade structures, barriers or any other site requirement by the International Building Code, or Health Department.
  3. The location of all existing and proposed activities on site.
  4. The circulation of all pedestrian and vehicle traffic on the site.
10. Hours of operation are between seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M.
11. Vehicles may not idle. (Ord. 17-23, 11-21-2017, eff. 11-21-2017)

10-24-3: Mobile Food Business In The Public Right-Of-Way

Purpose And Intent: Mobile food businesses conducted within public streets pose special dangers to the health, safety and welfare of the public. Companies and individuals who engage in the operation of mobile food businesses require clear and concise regulations, to prevent safety, traffic and health hazards, and to preserve the peace, safety and welfare of the community.
Mobile Food Businesses Allowed:
1. No person shall operate a mobile food business in the public right-of-way, without first having obtained a business license from South Ogden City.
2. Mobile food truck vehicles are allowed to operate in the public right-of-way within all general, Neighborhood Commercial, and core subdistricts, in accordance with the provisions of this chapter.
3. Provisions found in this section shall not apply to vending carts, mobile food trailers, mobile ice cream vendors, seasonal farm stands and other temporary merchants or uses specifically authorized by this title or other City ordinances.
Separate Applications: Separate business license applications may be required for each mobile food business. Separate business license applications are not required for multiple food trucks of any single food truck operator. Separate business license fees are not required for each mobile food business vehicle operating under one business license granted to an individual food truck operator.
Fees; Annual Operation: No license shall be issued or continued in operation unless the holder thereof has paid an annual business regulatory fee.
Business Activity To Be Temporary: All business activity related to mobile food businesses shall be temporary in nature, the duration of which shall not extend for more than twelve (12) hours within a twenty four (24) hour period at any one premises or location.
Use Of Public Right-Of-Way: Each mobile food business, offering food from motorized vehicles within the public right-of-way shall abide by the following conditions and requirements. Failure to comply may cause the suspension or revocation of a business license, and is a Class B misdemeanor:
1. Mobile food business shall obey all parking and traffic regulations.
2. Parking on a park strip, or otherwise landscaped area is not allowed.
3. Mobile food truck vehicles utilizing the parking space within the public right-of-way shall park only in parallel parking spaces. Mobile food truck vehicles must be parked so that neither the vehicle nor the customers block driveways of existing buildings or uses.
4. The operator shall locate the vending window facing the sidewalk. Mobile food truck vehicles manufactured to operate from the rear of the vehicle must obtain special permission from the City to operate in the public right-of-way.
5. Operator of the mobile food truck vehicle shall ensure that its use of the right-of-way, including the sidewalk, in no way interferes with or limits the free and unobstructed passage of pedestrians.
6. The mobile food truck vehicle shall be prohibited from pulling any trailer.
7. The operator of the mobile food truck vehicle shall not sell to any person standing in the roadway unless approved by the City.
8. Mobile food truck vehicles shall not operate on public streets where the speed limit exceeds forty five (45) miles per hour.
9. Any auxiliary power required for the operation of the mobile food truck shall be self-contained; no use of public or private power sources are allowed without providing written consent from the owner to the City.
10. All motorized vehicles of the applicant and operators shall comply with all other requirements of this chapter and any other requirements of ordinance or statute that may apply.
11. All materials generated from a mobile food business requiring disposal should be disposed of properly. It is illegal to discharge or dispose of any substance, material, food, or waste into the storm drain system.
Design And Operation Guidelines: Mobile food trucks operating in the public right-of-way shall comply with the following design requirements:
1. Mobile food truck vehicles shall meet all applicable Weber County Health Department requirements relating to the handling and distribution of food.
2. Mobile food truck vehicles shall be kept in good operating condition, no peeling paint or rust shall be visible.
3. No mobile food truck vehicle operating in the public right-of-way shall operate within the same block face of another mobile food vendor at any one time.
4. No mobile food truck vehicle shall operate within one hundred fifty feet (150') of a door to a restaurant, mobile food vendor, food cart, or City authorized special event selling food, except:
  1. The above requirement may be waived if the application is submitted with the written consent of the proprietor of such restaurant or shop. The consent shall be on forms deemed appropriate by the Business License Administrator. Such waiver shall not exempt the applicant from compliance with the other location and distance restrictions of this chapter.
5. All grounds utilized by a mobile food business shall at all times be maintained in a clean and attractive condition.
6. Trash and recycling containers shall be provided for the business patrons.
7. Any enclosures or canopy extensions must be integrated into the design of the mobile food business vehicle and must not project onto the public sidewalk or any other part of the public right-of-way not authorized by the City.
8. Hours of operation are between seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M.
9. Vehicles may not idle.
Signs: No signs shall be used to advertise the conduct of the mobile business at the premises other than that which is physically attached to the vehicle, except temporary signs otherwise authorized by this title.
1. Professional And Personal Services Prohibited: The performance of professional or personal services for sale shall not be provided from a mobile food truck.
2. Special Events: The restrictions of this chapter notwithstanding, nothing herein shall prohibit the City from authorizing mobile food businesses, other than those licensed under this chapter, to conduct concurrent vending operations within the public right-of-way, or such other areas as the City may deem appropriate, during special events (special event vendors). The special event vendors shall not be governed by this chapter, but shall be governed by such other ordinance, City policy, or executive order as may be applicable. However, as long as the public right-of-way remains open to the general public, such authorization of special event vendors shall not require removal of a permittee under this chapter from operating within his/her designated permit operating location or a mutually acceptable adjacent alternative location during such special event, unless otherwise provided under the City's ordinances. If the City is closing a public right-of-way to general access, either partially or fully, in order to accommodate a special event, the mobile food business may not access that right-of-way unless specifically authorized by the City. (Ord. 17-23, 11-21-2017, eff. 11-21-2017)