ORD 2016-13 Adopted ORDINANCE NO. 2016-13
AMENDING ARTICLE 4, SUPPLEMENTAL USE REGULATIONS, AND APPENDIX
A, DEFINITIONS, RELATED TO MOBILE FOOD VENDING, OF THE NORTH
AUGUSTA DEVELOPMENT CODE, CHAPTER 18 OF THE CITY OF NORTH
AUGUSTA, SOUTH CAROLINA CODE OF ORDINANCES
WHEREAS, on December 17, 2007, by Ordinance 2007-22, the North
Augusta City Council adopted the North Augusta Development Code which is consistent
with the City's 2005 Comprehensive Plan and which incorporates all City zoning and land
development regulations; and
WHEREAS, pursuant to Title 6, Chapter 29 of the South Carolina Code, the
North Augusta Planning Commission may recommend amendments to the Development
Code for the purposes of technical clarification, error correction and to accommodate the
needs of the City's citizens, provided such amendments are consistent with the City's 2005
Comprehensive Plan; and
WHEREAS, the North Augusta Planning Commission, following a May 19,
2016 public hearing, reviewed and considered amendments to Table 3-2, Use Matrix, to
establish Food Trucks as a conditional temporary use in commercial and industrial zoning
districts; Article 4, Supplemental Use Regulations, to provide standards for mobile food
vendors; and Appendix A, Definitions, to add definitions for Food Truck and for Mobile
Food Unit; and a motion was made to recommend said amendments to the City Council for
approval. The motion to recommend approval passed on a 6-0 vote.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, IN MEETING
DULY ASSEMBLED AND BY THE AUTHORITY THEREOF, THAT:
I. The North Augusta Development Code, Chapter 18 of The City of North
Augusta, South Carolina Code of Ordinances, Providing for New Zoning
and Land Development Regulations for the City of North Augusta, South
Carolina, is hereby amended and shall read as described in the following
sections. The section of the Code affected by the proposed amendment is
identified by the section number.
A. Lines 5.38 to 5.89 of Table 3-2, Use Matrix are renumbered and a new Line
5.38 of Table 3-2, Use Matrix, is added to read:
TABLE 3-2 USE MATRIX
Zoning Districts
Use CR R R R-7 R-5 D OC NC GC TC IND
14 10
5.38 Food Trucks (See Section 4.35.9) -- -- -- -- -- C C C C C C
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DEVELOPMEN . CODE—APPLICATION RZT 16-00_
B. A new Section 4.35.9 is added to read:
4.35.9 Mobile Food Vendors
This section establishes standards for mobile food vending in designated areas
of the City to provide additional dining options to supplement traditional brick
and mortar food services. These standards are designed to ensure that the
location and operation of mobile food vending is safe, functional and
compatible with existing and proposed development. Approved mobile food
vendors may operate for a period not to exceed a total of one hundred fifty-six
(156) days in any calendar year per approved location.
4.35.9.1 Food Trucks
Food Trucks shall comply with the following standards:
a. Health and Safety:
1. Food truck owner/operators must obtain and maintain any and all
required state health and restaurant approvals and licenses as it relates to
food trucks.
2. Each food truck owner/operator must obtain a Certificate of Zoning
Compliance, conditional use permit, a Certificate of Occupancy, if
applicable, and a North Augusta business license prior to opening for
business.
3. Required approvals and licenses shall be kept on file in the food truck.
b. Maximum Number of Trucks per Property:
1. For commercially zoned parcels less than '/ acre, up to two food trucks
are permitted on the property at the same time.
2. Commercially zoned properties between '/ and '/2 acre in size are
permitted up to three food trucks at the same time.
3. For commercially zoned parcels over 1/2 acre in size, a maximum of four
food trucks is permitted on the property at the same time, except for
City-sponsored special events.
4. For public spaces, the number of food trucks shall be determined by the
Department of Parks, Recreation and Tourism in consultation with the
Director.
5. Temporary outdoor seating and set up associated with a food truck is
only permitted within twenty(20) feet of the food truck or in locations
determined by the Director.
c. Food Truck Locations, Minimum Separation:
1. Permitted on commercially and industrially zoned properties only.
2. One hundred (100) feet from any customer entrance of any brick and
mortar restaurant and/or outdoor dining area, unless annual written
permission is obtained from the restaurant owner. Such written
permission must be displayed or readily available in the food truck at all
times.
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DEVELOPMEI. . CODE—APPLICATION RZT 16-00_
3. Fifteen (15) feet from any fire hydrant, driveway, utility box or vault,
handicap ramp and building entrance or exit.
4. Fifty (50) feet from any residential zoning district.
5. Must comply with all dimensional standards (setbacks) for the zoning
district.
d. Parking of Food Trucks:
1. The proposed location for food truck parking and any associated
outdoor seating must be shown on a sketch plan that is subject to review
and approval by the Director.
2. Food trucks may not be parked in an approved location after the hours
of operation specified in this section.
e. Hours of Operation:
1. 7 a.m. to 10 p.m. for food trucks in commercially and industrially zoned
properties.
2. In public spaces, hours are to be determined by the Department of
Parks, Recreation and Tourism in consultation with the Director.
f. Operational Standards:
1. No audio amplification
2. City trash receptacles may not be used to dispose of trash or waste.
Adjacent dumpsters may be utilized with written permission of the
property owner.
3. All areas within the approved property must be kept clean by the food
truck vendor.
4. Grease and liquid waste shall not be disposed in tree pits, storm drains,
the sanitary sewer system or public streets.
5. Food trucks are subject to the City noise ordinance. Sound absorbing
devices may be used to contain or deflect noise from external
generators.
g. Public Spaces— City Owned Property
Food trucks:
1. Must have written permission from the Department of Parks, Recreation
and Tourism to locate on City-owned properties.
2. Must locate at least one hundred (100) feet from the entrance to any
park.
3. Shall not occupy any handicap accessible parking space(s).
4. Shall not otherwise interfere with the movement of motor vehicles in a
parking lot.
5. Shall be positioned such that the truck does not block drive aisles, other
access to loading/service areas or emergency access or fire lanes.
6. The food truck must be located at least fifteen (15) feet from fire
hydrants, any fire department connections, driveway entrances, alleys,
handicap parking spaces, and trees.
h. Private Property
Food trucks:
1. Are permitted on commercially and industrially zoned properties.
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DEVELOPME1. CODE—APPLICATION RZT 16-00.
2. Must be located at least one (100) hundred feet from any customer
entrance of any brick and mortar restaurant/ or outdoor dining area,-
unless annual written permission is obtained from the restaurant owner.
Such written permission must be displayed or readily available in the
food truck at all times.
3. Shall not occupy any handicap accessible parking space(s).
4. Shall not otherwise interfere with the movement of motor vehicles in a
parking lot.
5. Shall be positioned such that the truck does not block drive aisles, other
access to loading/service areas or emergency access or fire lanes.
6. Must be located at least fifteen (15) feet from fire hydrants, any fire
department connections, driveway entrances, alleys, handicap parking
spaces, and trees.
i. Special Events
Nothing in this section should be read to prohibit the City from conducting
special events that feature food trucks. Food truck vendors may operate as
part of special events if approved by the City.
1. Food trucks and mobile vending are prohibited from operating on any
street, sidewalk, alley, trail or other right of way unless approved by the
City as part of a permitted special event or contracted with the
Department of Parks, Recreation and Tourism within the assigned dates
and times.
4.35.9.1.1 Suspension and Revocation
a. The City business license for any food truck may be revoked if the vendor
violates the provisions contained in Section 4.35.9 or if the food truck
vendor's SCDHEC permit to operate as a mobile food truck is suspended or
revoked.
b. The Director may halt an approved food truck's operation if it is determined
that the food truck operations are causing parking, traffic congestion or
litter problems, either on or off the property where the use is located, or that
such use otherwise threatens public health or safety.
4.35.9.2 Mobile Food Units
A mobile food unit is a temporary food service vehicle that is movable and has
no fixed location. Examples include, but are not limited to, ice cream trucks,
beverage or hot dog carts on wheels and pre-packaged snack item vendors.
Mobile food vendors, as defined, are considered "peddlers" and are subject to
the requirements of Article IV of the Municipal Code. Mobile food vendors are
required to hold a North Augusta business license.
C. Appendix A, Definitions, is amended to add the following definitions
Food Truck
A food truck is defined as a fully enclosed vehicle equipped with facilities for
preparing, cooking and selling various food products and operating at an
approved fixed location as an extension of a retail food establishment. A food
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DEVELOPMEi CODE— APPLICATION RZT 16-00. ,
truck must be permitted by the South Carolina Department of Health and
Environmental Control (SCDHEC) in order to operate.
Mobile Food Unit
A mobile food unit is a temporary food service vehicle that moves from place
to place to sell food items such as ice cream, hot dogs, or pre-packaged snack
items or drinks. Mobile food units are regulated by Article IV of the Municipal
Code.
All other Ordinances or parts of Ordinances in conflict herewith are, to the
extent of such conflict, hereby repealed.
III. This Ordinance shall become effective immediately upon its adoption on
third reading.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS
ao DAY OF , 2016.
First Reading 4c4IlLe
Lark W. Jones, Mayor
Second Reading (.0 I Co licP
Third Reading 4P IX II LP ATTEST:
Donna B. Young, C y Clerk