345.040 Mobile Food Unit Site Standards.
The following standards apply to mobile food unit sites:
1. Zoning. Mobile food unit sites are permitted within the Neighborhood Commercial (NC), Town Center (TC), Commercial/Industrial (C/I), General Manufacturing (GM), and Light Manufacturing (LM) Zones as shown in the use tables found within this title.
2. Allowed Locations. Vendors may locate carts or pods in the following locations:
(a) Private Parks and Property. For applications submitted for placement of one (1) to three (3) units, the cart owner(s) may be the applicant. The applicant must obtain written approval from the property owner. For applications submitted for four (4) or more units, the property owner shall be the applicant.
(b) Sidewalks and Right-of-Way. No food carts or pods shall be located on or within a public sidewalk or right-of-way.
3. Cart Accessory Items and Structures. All applications are subject to a Type II land use procedure and approval. Locations with one (1) to three (3) carts may include any of the following items, but are not required. All food pods are required to include the following items, and identify the location in their land use application.
(a) Required Items.
(i) Trash/Recycling Receptacles. Trash receptacles for customer use shall be maintained no more than ten (10) feet from each mobile food unit. All vendors will be responsible for clearing any litter within twenty-five (25) feet of their vending unit.
(ii) Picnic tables or other seating areas.
(b) Optional Items.
(i) Handwashing/restroom facilities.
(ii) Canopies or covered seating facilities: One (1) individual unit may have an outdoor seating area, which may have a roof, flooring, and railings, but no walls (e.g., decks, picnic shelters); provided, that the square footage does not exceed four hundred (400) square feet. A group of two (2) or more mobile food units may have an outdoor seating area, which may have a roof, flooring, and railings, but no walls (e.g., decks, picnic shelters); provided, that the square footage does not exceed four hundred (400) square feet per mobile vending unit with a maximum size of five thousand (5,000) square feet. For example, this is further defined to mean three (3) mobile food units could have a dining structure up to one thousand two hundred (1,200) square feet. Structures used to provide shelter to customers that detract from the overall appearance of the site and surrounding neighborhood are prohibited.
(iii) Storage building: A maximum of two (2) storage buildings; provided, that the combined square footage does not exceed two hundred (200);
(iv) Enclosed trash/recycling area.
4. Signs. Pursuant to ZDC Section 370 one (1) “A-Frame” sign is permitted for each mobile food unit, and attached wall signs are allowed on the units.
5. Minimum Setbacks and Separation Distance. All mobile food units on the site shall be located a minimum of:
(a) Five (5) feet from any structure including canopies and seating areas, or other mobile food unit;
(b) Ten (10) feet from any front lot line; and
(c) Five (5) feet from any side or rear lot line, except if such lot line abuts a residential zone the minimum setback shall be twenty (20) feet.
6. Screening. If the mobile food unit site is adjacent to a residential zone, the residential property shall be screened from the mobile food unit site, including the mobile food unit, seating, queuing, etc., abutting the residential zone. Required screening:
(a) May be provided by an existing, continuous, sight-obscuring structure, fence, or hedge;
(b) If new, shall be a continuous, sight-obscuring vegetative screen; or if fencing is utilized as screening, it shall be sight obscuring, including masonry, vinyl, board, or similar fencing. Chain-link fencing with slats shall not qualify as acceptable screening material; and
(c) Sight-obscuring fences and landscaping shall have a minimum height of six (6) feet.
7. Setback from Vehicular and Pedestrian Use Areas. Windows and doors used for service to customers shall be located a minimum of ten (10) feet from loading areas, driveways, on-site circulation drives, and parking lot aisles, and a minimum of five (5) feet from bicycle parking spaces and walkways.
8. Obstruction of Vehicular and Pedestrian Use Areas and Landscape Areas. No mobile food unit or associated element, such as seating areas, trash receptacles, signs, and customer queuing areas, shall occupy bicycle parking spaces, loading areas or walkways. Mobile vending units shall not occupy landscaping areas approved as part of a prior design review or other land use application. However, occupying existing on-site automobile parking spaces is permitted; provided, that such spaces are not designated as ADA stalls, simultaneously used for parking or required to meet minimum parking requirements on the site.
9. Surfacing. All food pods shall be placed on an existing hard-surfaced area, or on an area specifically paved for the purpose with an approved hard surface. Any associated parking, loading and maneuvering areas for vehicles shall be on existing or newly constructed hard-surfaced areas, unless a permeable parking, loading or maneuvering area surface was authorized as part of a previously implemented design review approval for the site. One (1) to three (3) food carts may be placed on a gravel surface in accordance with City Public Works Standards.
10. Driveway Access. Any new or modified driveway access must be submitted for review by the City and associated jurisdictions.
11. Intersection Sight Distance and Roadside Clear Zones. The mobile food unit or food pod and any attachments or accessory items shall comply with the intersection sight distance and roadside clear zone standards of the City.
12. Utilities. All food carts and food pods must provide details on how utilities including but not limited to water, sewer, natural gas, and power will be provided. If the cart or pod relies on power generation, all generators shall be self-contained, run-quiet models that are not audible from any adjacent property line. These standards apply in addition to the requirements of the Multnomah County Health Department, including food cart pod rules and food sanitation rules. Where one (1) code imposes a stricter standard or requirement than what is required by the other code, the more restrictive standard or requirement applies.
(a) Potable water shall be addressed in one (1) of the two (2) following ways:
(i) Food carts shall connect to a potable water source in conformance with applicable state plumbing codes; or
(ii) Food carts shall be connected to a potable water tank consistent with the Oregon Health Authority’s food sanitation rules.
(b) Wastewater shall be addressed in one (1) of the following ways:
(i) Food carts shall connect to the sanitary sewer consistent with applicable state plumbing codes, and will include an approved grease separator for the disposal of fats, oils, and grease. Discharge or leakage into the stormwater system is prohibited; or
(ii) Food carts shall connect to individual wastewater holding tanks integral to the food cart. Tanks shall be owned and serviced by an Oregon Department of Environmental Quality licensed pumper. A copy of the contract shall be provided to the city before any food carts are located on site. Discharge or leakage into the stormwater system is prohibited. (Ord. 3-2021 § 1 (Exh. A))