Small towns developing food cart ordinances

As temperatures rise and residents shed their winter coats, local cities are looking to allow food carts and trucks to attract more business.

The planning commissions in Lafayette, Sheridan and Willamina have been working through details of draft ordinances over the last few months.

In Lafayette, the city council halted a Feb. 12 public hearing on mobile food units amid uncertainty of how proposed parking rules would affect businesses.

Alex Sanchez, co-owner of Carniceria Abastos, expressed concern that a parking space requirement would limit his business’ weekend outdoor chicken grilling and the corn vendor who occasionally operates there.

During a March 12 council work session, City Administrator Branden Dross presented councilors with an updated draft ordinance. He described it as good foundational code that could be amended should additional issues develop in the next year to 18 months.

“I think the big thing is parking. Do we want to require parking or let them park off street?” he asked.

Mayor Hilary Malcomson said the previously proposed parking requirements were going to “cripple” local businesses.

The revised draft states that operation of a mobile food unit cannot result in a reduction of parking spaces for a property with an established existing use. On properties without another use, two parking spaces for each food cart or truck are required.

Also in the draft ordinance:

• All associated pedestrian and vehicular access must be on a surface that conforms to the city zoning and code.

• Food unit operators and property owners must discharge gray water to an approved location that complies with the requirements of federal, state or local laws.

• Current health licenses must be displayed.

• A mobile food unit must only occupy a location on a property as approved by the permit and cannot be situated in a public right of way.

• No more than three mobile food units are allowed on a property.

• Covered dining is also addressed in the draft, allowing a covered area for up to six diners and requiring the covering be securely tied down.

The Lafayette City Council will reopen the public hearing on the proposed ordinance to allow mobile food carts at a subsequent meeting.

West Valley towns are also pursuing their own ordinances to allow mobile food carts.

During a Jan. 5 Sheridan Planning Commission meeting, Associate Planner Liam Bean presented proposed code regulations that were gleaned from ordinances in the cities Silverton, Jefferson and Millersburg.

Existing temporary and portable use criteria in Sheridan’s development code does not specifically address mobile food units, but it has previously been used to approve mobile food units.

The city council previously discussed adding a food cart pod to the vacant lot on Mill Street, which is owned by the city and adjacent to city hall, and tasked the planning commission to draft an ordinance.

The planners were skeptical that a permanent pod would be viable in Sheridan, given the town’s population.

They also addressed concerns about noise, waste management, parking requirements and restroom facilities.

Bean said he would return with draft language for further discussion at a future meeting.

In Willamina, the planning commission met on Jan. 27 and was presented a drafted legislative amendment to city code that would allow mobile food carts.

Planner Holly Byram said the standards would address both single and clusters of food carts but would not apply to food units inside permanent structures or those allowed temporarily through special event permits.

Definitions for both “food cart” and “food cart pod” were borrowed from other communities.

The commission discussed requiring a land use agreement between the property owner and an operator to establish clear responsibility for maintenance and cleanup, particularly in the event a cart operation is abandoned. Commission members agreed the property owner would ultimately be responsible in that case.

Enforcement, water, sewer, and utility connections were also addressed.

System Development Charges were also discussed, and city staff was asked to develop a recommendation with some form of minimum payment for any necessary SDC for food trucks using city utilities.

The committee agreed parking and food ordering spaces should be paved in cart pods, but that a single cart location could be permitted on gravel.

The draft ordinance requires paved off-street parking for cart pods at a ratio of two spaces per unit, and one bike parking space per food cart. Single food carts would not require off-street parking.

The commission also agreed that pods should be treated like any new commercial business regarding frontage improvement requirements. This includes sidewalks, street improvements and streetlights if necessary.

The planners requested a process to handle violations of the ordinance. They discussed withholding an annual permit renewal should a cart owner not comply with the code. Additionally, three documented instances of non-compliance in a specific time period could result in revocation of the permit, with legal counsel review.

The three ordinances should be before their respective city councils in the next month or so.