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Ordinance 2019-09 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO.2019-09 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, AMENDING THE ZONING ORDINANCE BY ADDING THE REGULATIONS FOR MOBILE FOOD AND RETAIL VENDOR VEHICLES Passed by the City Council of the United City of Yorkville,Kendall County,Illinois This 291 day of January,2019 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville,Kendall County,Illinois on February 5,2019. Ordinance No. 2019- M AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,AMENDING THE ZONING ORDINANCE BY ADDING THE REGULATIONS FOR MOBILE FOOD AND RETAIL VENDOR VEHICLES WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, pursuant to Section 10-4-10 of the United City of Yorkville Zoning Ordinance ("Zoning Ordinance") the City may initiate amendments to the Zoning Ordinance; and, WHEREAS, the City filed seeking an amendment to the Zoning Ordinance to add to the temporary and seasonal uses regulations the appropriate location, duration, type and number of mobile units, parking, hours of operation and other operational regulations for mobile food and retail vendor vehicles; and, WHEREAS, the Planning and Zoning Commission convened and held a public hearing on January 9, 2019, to consider the request and made Findings of Fact and recommendations to the City Council to approve the requested text amendments. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1: That the above recitals are hereby incorporated and made a part of this Ordinance. Section 2: That Subsection 10-16-3 of the United City of Yorkville Zoning Ordinance of the Yorkville City Code is hereby amended to read as follows: "B. Exception. The parking of mobile food or retail vendor vehicles shall be an exception to Subparagraph A. above when in compliance with Section 10-3-14 and Chapter 5 of Title 3." Section 3: That a new Section 10-3-14 is hereby added to chapter 3 of the United City of Yorkville Zoning Ordinance to read as follows: "SECTION 10-3-14: MOBILE FOOD VENDOR VEHICLES AND RETAIL VENDOR VEHICLES A. PURPOSE: To encourage and regulate the operation of mobile food vendor and retail vendor vehicles subject to operational standards, on public and private property within the City. These operational standards and application procedures are intended to recognize the opportunity for unique outdoor portable fare and added convenience to Ordinance No.2019- Page 2 persons living and working within Yorkville, while protecting the health, safety and welfare of the general public. B. DEFINITIONS: CANTEEN TRUCK: A vehicle that operates to provide food services to workers at locations where access to such services is otherwise unavailable or impractical (e.g., a construction site); from which the operator sells food and beverages that require no on- site preparation or assembly other than the heating of pre-cooked foods; and is not advertised in any form to the general public except by virtue of signage on the vehicle. Products sold from canteen vendor vehicles may include fruits, vegetables, and pre- cooked foods such as hot dogs,prepackaged foods and pre-packaged drinks. COMMISSARY: A catering establishment, restaurant, or any other place in which food, containers, or supplies are kept, handled,prepared,packaged, or stored. EDIBLE FOOD PRODUCTS: Products that are ready for immediate consumption, including prepackaged food and food cooked, prepared or assembled on-site. The term "edible food products" does not include fresh produce unless the produce has been packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed or otherwise prepared for consumption. MOBILE FOOD VENDOR VEHICLE: A vehicle, from which edible food products are cooked, prepared or assembled with the intent to sell such items to the general public, provided that food vendor vehicles may also sell other edible food products and beverages that have been prepared or assembled elsewhere. Food vendor vehicle operators may market their products to the public via advertising, including social media. For the purposes of this Title, this shall also include ice cream vendor vehicles, canteen trucks and pushcarts. LOCATION: Any single parcel or any combination of contiguous parcels owned or controlled by a single entity or affiliated entities. LOT, IMPROVED: a platted lot or parcel of land upon which a building, structure or other primary use, as defined by the Zoning Ordinance, exists. LOT, UNIMPROVED: a platted lot or parcel of land upon which no structure or uncompleted structure exists. MOBILE RETAIL VENDOR VEHICLE: A vehicle from which merchandise is sold and retail sales are made, and is intended to be temporary, or is capable of being moved from one location to another. PUSHCART: A non-motorized vehicle limited to serving non-potentially hazardous foods or commissary wrapped food maintained at proper temperatures. SANITIZATION: The effective bactericidal treatment by a process that provides enough accumulative heat or concentration of chemicals for enough time to reduce the bacterial count, including pathogens,to a safe level on utensils and equipment. Ordinance No.2019-Qq Page 3 VENDOR VEHICLE RALLY: A coordinated and advertised gathering of more than three (3) mobile food vendor and/or mobile retail vendor vehicles, in one location and on a date certain, with the intent to serve the public. C. GENERAL PROVISIONS: 1. Mobile food vendor vehicles and mobile retail vendor vehicles shall obtain a Certificate of Registration from the Office of the City Clerk in accordance with Title 3, Chapter 5 of the City Code. 2. Mobile food vendor vehicles and mobile retail vendor vehicles must comply with all federal, state, county and local business tax, sales tax and other tax requirements. 3. It shall be a violation to operate a mobile food vendor vehicle or mobile retail vendor vehicle at any location except in compliance with the requirements of this section. 4. Mobile food vendor vehicles and mobile retail vendor vehicles are permitted in all zoning districts of the city, subject to the location and operational standards established in this Title or this Code. 5. Mobile food vendor vehicles and mobile retail vendor vehicles shall not obstruct or interfere with the free flow of pedestrian or vehicular traffic, including but not limited to access to or from any business, public building, or dwelling vehicle, nor shall it restrict the sight distances triangle at driveways and street right-of-way intersections or prevent access of emergency vehicles. 6. Drive-through vending is prohibited. No vendor shall make sales to any person in a vehicle. 7. No amplified music or loudspeakers shall be permitted. Mobile food vendor vehicle and mobile retail vendor vehicles shall comply with the provisions of the Performance Standards in Section 10-13-C-2 of the City Code. All smoke and odors generated by a mobile food vendor vehicle shall comply with the provisions of the Performance Standards in Section 10-13-C-3 and Section 10-13-C-4 of the City Code. 8. Any exterior lighting provided on the mobile food vendor vehicles or mobile retail vendor vehicles shall comply with the Performance Standards in Section 10-13-C-7 of the City Code. 9. No sales or service of alcohol shall be allowed by mobile food vendor vehicles. 10. Mobile food vendor vehicles and mobile retail vendor vehicles shall provide at least one (1) trash receptacle for use by patrons and in a convenient location that does not impede pedestrian or vehicular traffic. All litter or debris generated immediately Ordinance No.2019- 0 Page 4 within the vicinity of the mobile food vendor vehicle or mobile retail vendor vehicle shall be collected and removed by the mobile operator. D. LOCATION AND OPERATIONAL STANDARDS: 1. Mobile Food Vendor Vehicles and Mobile Retail Vendor Vehicles Operating within the Public Right-of-Way a. Mobile food vendor vehicles and mobile retail vendor vehicles shall be legally parked in full compliance with all state and local parking provisions which apply to the location at which it is parked, including any sign prohibiting the parking or standing of a vehicle or indicating a parking time limit. b. Operation of mobile food vendor vehicles and mobile retail vendor vehicles within city parks shall be subject to rules and regulations established by the park board. c. No unattended mobile food vendor vehicle or mobile retail vendor vehicle shall be parked or left overnight within a public right-of-way or on any other public property. d. Mobile food vendor vehicles or mobile retail vendor vehicles shall not operate within the public right-of-way within 500 feet from any K -12 school building, as defined by the State of Illinois, between the hours of 7:00 a.m. and 4:00 p.m. on regular school days; unless as part of a permitted special event or rally. e. Mobile food vendor vehicles or mobile retail vendor vehicles shall not be parked within 25 feet from a street intersection with a crosswalk, traffic light, or stop sign, or within 25 feet from a railroad crossing. f. Mobile food vendor vehicles or mobile retail vendor vehicle operators shall be responsible for organizing customer queuing in a manner that maintains a clear path along the sidewalk that is at least four (4) feet wide and does not interfere with or obstruct the free passage of pedestrians. g. All sales and service shall be limited solely to that side of the mobile food vendor vehicle or mobile retail vendor vehicle facing away from the public street. h. Mobile food vendor vehicles and mobile retail vendor vehicles shall not encroach onto a public sidewalk with any part of the vehicle or any other equipment or furniture related to the operation of its business, except for required refuse receptacles. i. Mobile food vendor vehicles greater than 35 feet in length, or that occupy more than two on-street parking spaces, are not permitted to operate in the public right-of-way adjacent to residentially zoned properties. j. Mobile food vendor vehicles or mobile retail vendor vehicles shall not block a lawfully placed monument sign of another business. Ordinance No.2019- Page 5 2. Mobile Food Vendor Vehicles and Retail Vendor Vehicles Operating on Private Property a. Mobile food vendor vehicles and retail vendor vehicles may be permitted to operate on private property as a temporary accessory use in all zoning districts. b. Mobile food vendor vehicles and retail vendor vehicles on private property shall have a notarized letter of permission from the property owner granting the operator the owner's express consent to operate on the site in accordance with the approved Certificate of Registration. c. Mobile food vendor vehicles and retail vendor vehicles shall not occupy more than 40% percent of required parking spaces on an improved lot or exceed the maximum lot coverage for the district in which it is located on an unimproved lot. d. The maximum number of mobile food vendor vehicles and retail vendor 1 0 From street intersection with a crosswalk,traffic light,stop sign,or railroad crossing. Maintaining a clear path along the sidewalk Service Mowed only facing n s awayfrornpublicstreet 35 FT x May not encroach the Qsidewalk or place furniture of equipment on the sidewalk except for the required refuse w receptacle Q Maximum size of mobile 25 FT © food truck adjacent to 4 FT residential zones � ws e .r t A� vehicles permitted on a site shall be determined as follows: 1. One (1) mobile food vendor vehicle or retail vendor vehicle may operate on the site for every 525 square foot paved area(at least 35 feet by 15 feet in dimension); except that mobile food vendor vehicles or retail vendor vehicles greater than 35 feet in length require a space at least 70 feet by 15 feet. Ordinance No.2019- Page 6 2. Mobile food vendor vehicle and retail vendor vehicle operations shall occur upon a paved, level parking area or surface. 3. Mobile food vendor vehicles and retail vendor vehicles parked within required parking areas shall not impede pedestrian or vehicle ingress or egress through the remainder of the parking area or adjacent public right-of-way. 4. Mobile food vendor vehicles and retail vendor vehicles may be permitted to have canopies and outdoor seating areas, provided these additional outdoor accessories may not occupy more than two (2) parking spaces per mobile food vendor vehicle or retail vendor vehicle. 3. Canteen Trucks Operating on Private Property a. Canteen Trucks operating on private property shall have a notarized letter of permission from the property owner granting the operator the owner's express consent to operate on the site in accordance with the approved Certificate of Registration. b. Canteen Trucks may operate on an unimproved lot or parcel, only if such lot or parcel or an adjoining lot or parcel is undergoing permitted construction activity. c. Canteen Trucks shall not block fire lanes, designated construction traffic lanes for ingress or egress or access to or from the construction site. d. No unattended Canteen Truck shall be parked overnight on any property. j I Cu 2 SPACES ( R i+ 11 .;l i°.. y Gas)wn.wlsY+.x`Su#kl'` Ire 70 FT 15 F7 35 FT 15 FT 40% Maximum amount of Must not impede travel required parking spaces Othroughout the remainder of Allowed for Food Trucks the parking lot Minimum space neededfor Maximum amount of spaces trucks under 35 feet(1 Yx 35`) for outdoor accessories Minimum space needed for trucks over 35 feet r15'x 701, Ordinance No.2019-0 1 Page 7 4. Private Vendor Service by Mobile Food Vendor Vehicles and Mobile Retail Vendor Vehicles a. Mobile Food Vendor Vehicles and Mobile Retail Vendor Vehicles may provide private sales service within the public right-of-way and on private property in residential districts only. b. Private vendor services by Mobile Food Vendor Vehicles and Mobile Retail Vendor Vehicles shall be limited to private guests of the event host only. No walk-up customers are permitted. c. Payment shall occur directly between the event host and the Mobile Food Vendor Vehicle and retail vendor vehicle. No payment transactions shall occur for individual orders. d. All operational standards for operating a Mobile Food Vendor Vehicle and Mobile Retail Vendor Vehicle as provided in this section shall apply. Section 4: This Ordinance shall be in full force and effect after its passage, publication, and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois,this day of I/1 (/t -1, 2019. City Clerk CARLO COLOSIMO KEN KOCH JACKIE MILSCHEWSKI ARDEN JOE PLOCHER CHRIS FUNKHOUSER JOEL FRIEDERS SEAVER TARULIS JASON PETERSON Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of FF kUM Y , 2019. "/L IV Mayor Ordinance No.2019-0Q Page 8