Unified Development Ordinance, 5th supplement, March 2018

Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 6 – 29 Effective Date: March 6, 2018 Supp. No. 5 Article 6.4. Commercial Uses | CHAPTER 6. ​USE REGULATIONS Sec. 6.4.11. Retail Sales d. Food trucks and associated seating, if any, must not occupy parking spaces required to fulfill the minimum requirements of the principal use, unless the principal use’s hours of operation do not coincide with those of the food truck business. e. Food trucks and associated seating, if any, must not occupy parking spaces that may be leased to other businesses and uses to fulfill their minimum parking requirements. f. Food trucks must not occupy any handicap accessible parking space as specified in N.C. Gen. Stat. §20-37.6. g. No free-standing signage or audio amplification is allowed as part of the food trucks vending operation. Outdoor seating areas associated with a food trucks vending operation are only permitted on lots 2 acres or greater in size. h. Hours of operation are limited to the hours between 6 AM and 3 AM unless the designated location on the lot accommodating food truck is located within 150 feet of the property line of a single-unit or two-unit dwelling in which case the hours of operation are limited to the hours between 7 AM and 10 PM. i. The food truck operator or their designee must be present at all times except in cases of an emergency. j. Food trucks and associated outdoor seating must be removed from all permitted locations during impermissible hours of operation and must not be stored, parked, or left overnight on any public street or sidewalk. k. The food truck vendor is responsible for the proper disposal of waste and trash associated with the operation. City trash receptacles are not to be used for this purpose. Vendors must remove all waste and trash from their approved location at the end of each day or as needed to maintain the health and safety of the public. The vendor must keep all areas within 5 feet of the truck and any associated seating area clean of grease, trash, paper, cups or cans associated with the vending operation. No liquid waste or grease is to be disposed in tree pits, storm drains or onto the sidewalks, streets, or other public space. Under no circumstances can grease be released or disposed of in the City’s sanitary sewer system. l. With the exception of allowable outdoor seating areas, all equipment required for the operation must be contained within, attached to or within 3 feet of the food truck and all food preparation, storage, and sales/distribution made in compliance with all applicable County, State and Federal Health Department sanitary regulations. m. A zoning permit must be obtained by the property owner (as listed in the Wake County tax records) for any lot proposed to accommodate one or more food trucks. If at any time evidence is provided that the lot is being used other than in compliance with these regulations, the zoning permit will be rendered null and void, and the owner punished for the violation. This zoning permit must be required to be renewed annually. n. A food truck permit must be obtained for food truck business and all requiredWake County and City permits and licenses must be clearly displayed on the food truck. A copy of the approved food truck permit and zoning permit shall be kept in the food truck. The approved food truck as shown on the food truck permit shall be clearly delineated on the improved surface. Prior to the issuance of the food truck permit, the vendor must provide evidence of having obtained a City Business License, NC Sales and Use Certificate for collecting and paying the proper sales taxes and prepared meals taxes, aWake County Environmental Services –Vending Permit and a means for the disposal of grease within an approved grease disposal facility. This food truck permit is required to be renewed annually. If at any time evidence of the improper disposal of liquid waste or grease is discovered, the food truck permit will be rendered null and void and the food truck business will be required to cease operation immediately. The operator of the food truck business will be punished for the violation. o. If at any time, Wake County revokes or suspends the issued food vending permit, the City permit for the food truck business will be revoked or suspended simultaneously. Sec. 6.4.11. Retail Sales A. Retail Sales Use Category Facilities involved in the sale, lease, or rental of new or used products. Retail sales includes the following uses. 1. Antiques, appliances, art supplies, baked goods, bicycles, books, building supplies, cameras, carpet and floor coverings, crafts, clothing, computers, convenience goods, dry goods, electronic equipment, fabric, flowers, fuel