O-3575-5-18ORDINANCE NO. 3575-5-18
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE, AS
PREVIOUSLY AMENDED, BY AMENDING SECTION 4.20.2 "SCHEDULE OF
PRINCIPAL USES" BY ADDING "FOOD TRUCK PARK" AND DELETING
"CARNIVAL OR CIRCUS" AND "FAIRGROUNDS OR RODEO" AS A USE;
AMENDING SECTION 4.20.4 "SCHEDULE OF PRINCIPAL USES — CENTRAL
BUSINESS DISTRICT" BY ADDING "FOOD TRUCK PARK" AS A USE;
AMENDING SECTION 6.04.1 "TEMPORARY USE APPLICATIONS" RELATING
TO THE APPLICATION FOR AND ISSUANCE OF PERMITS FOR CERTAIN
TEMPORARY USES; AMENDING SECTION 6.06 "SUPPLEMENTAL
REGULATIONS" BY ADDING SECTION 6.06.15 "MOBILE FOOD
ESTABLISHMENTS" RELATING TO THE DEVELOPMENT STANDARDS FOR
MOBILE FOOD ESTABLISHMENTS; PROVIDING A CONFLICTS RESOLUTION
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS
CLAUSE; PROVIDING FOR PENALTY OF FINE NOT TO EXCEED THE SUM OF
TWO THOUSAND ($2,000) DOLLARS FOR EACH OFFENSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission and the governing body of the City of Allen, Texas, in
compliance with the laws of the State of Texas and the Ordinances of the City of Allen, Texas, have given the
requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing
to all persons interested and in the exercise of its legislative discretion, the City Council has concluded that the
Allen Land Development Code Zoning Regulations of the City of Allen, Texas, as previously amended, should be
further amended as follows:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. Allen Land Development Code, Article IV "Zoning Regulations" is amended as follows:
A. Section 4.20.2 "Schedule of Principal Uses" is amended by adding the use "Food Truck Park'
establishing the zoning districts in which such use is permitted, permitted with a specific use permit,
and prohibited, as follows:
B. Section 4.20.2 "Schedule of Principal Uses" is amended by deleting "Carnival of Circus" and
Fairgrounds or Rodeo" as a use.
' C. Section 4.20.4 "Schedule of Principal Uses — Central Business District' is amended by adding the use
"Food Truck Park" as a use permitted following approval of a specific use permit.
SECTION 2. Allen Land Development Code, Article VI "Special Zoning Provisions" is amended as follows:
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B. Section 4.20.2 "Schedule of Principal Uses" is amended by deleting "Carnival of Circus" and
Fairgrounds or Rodeo" as a use.
' C. Section 4.20.4 "Schedule of Principal Uses — Central Business District' is amended by adding the use
"Food Truck Park" as a use permitted following approval of a specific use permit.
SECTION 2. Allen Land Development Code, Article VI "Special Zoning Provisions" is amended as follows:
A. Section 6.04.1 "Temporary Use Permit Applications," is amended in its entirety to read as follows:
'
Sec. 6.04.1. - Temporary use permit applications.
1. Number of permits and duration. Unless stated otherwise herein, a business or property
owner may receive during any calendar year no more than two temporary use permits,
or no more than one temporary use permit and one renewal of said permit for a specific
property upon making application, after paying the required fee and receiving approval
of the director. Except as otherwise set forth in this Code, a temporary use permit and
each extension of a temporary use permit shall be effective for no more than 30
consecutive days.
2. Application.
a. Unless otherwise determined by the director, an application for a temporary
use permit must be submitted with the following information:
I. A written letter of approval from the property owner indicating the
applicant has the right to use such property for the temporary use
described in the application.
ii. A site plan of the property showing:
(1) Property boundaries.
' (2) Building footprint of permanent structures and paved parking
lot, if applicable.
(3) Location of all fire lanes, driveways and/or alleys.
(4) Location of temporary use structures temporary tent, canopy
or shelter and merchandise.
(5) Fire rating documentation for any temporary tent, canopy or
shelter to be used during the event.
(6) The number of displaced parking spaces, if applicable, and the
required parking spaces for existing uses on the property,
where applicable.
(7) Location of temporary lighting or security lighting.
(8) Size and location of any temporary signage, pennants or
banners.
(9) Location of restrooms that will be available for use by the
public during the event for which the permit is to be issued.
(10) A description of the temporary use event activities and
requested days and hours of operation.
Ordinance No. 3575.5.18, Page 2
(I1) At least two points of contact with up to date contact
' information for the applicant and/or organization operating
the event.
(12) Information regarding any mobile food vendors, and/or any
food or drink preparation, sales or sampling.
iii. Charitable, religious, educational or public service, civic
organizations are exempt from all fees to be collected pursuant to this
Section 6.04.1.
b. Additional requirements.
1. No parking space required by this Code or other ordinance setting
forth minimum parking spaces for the property shall be used for a
temporary use permit for seasonal sales and Christmas tree sales.
ii. All temporary lighting, if applicable, will require issuance of an
electrical permit and an inspection by a city building inspector prior
to the event. No lighting may flash, travel, blink, fade, move or scroll.
iii. Temporary restroom's and/or on-site restrooms shall be allowed with
the approval of the property owner and business owner whose
restrooms will be used.
t iv. The preparation, sale and/or sampling of any food and/or drinks shall
comply with all applicable provisions of Chapter 6, Article VHI,
Division 2 of the Code of Ordinances, as amended, and including, but
not limited to, the prior issuance of any required Health Permit.
V. The use of a temporary tent, canopy or shelter, made of cloth, plastic,
canvas or similar material, shall comply with requirements of Section
3.04 (the International Fire Code), as amended. The application
submittal shall include fire rating certificate documentation.
vi. No event receiving a temporary use permit shall locate in an approved
landscape buffer or within twenty (20) feet of a roadway or alley.
3. Decommission or removal. The site shall be vacated completely and cleaned at the end
of the event and prior to the issuance of new temporary use permits for the same
property.
4. Types of temporary use permits.
Seasonal sales. Temporary sales of seasonal products such as firewood, plants,
fruits, vegetables, and similar items or products may be allowed during their
normal and generally accepted season, and subject to the following provisions:
Ii. Issuance of permits for temporary outdoor sales of seasonal products
shall be limited to areas zoned for retail or commercial uses.
Ordinance No. 3575-5-18, Page 3
Ordinance No. 3575-5-18, Page 4
ii. Where an existing business is operating in accordance with a
certificate of occupancy, the area for display shall be no more than 200
square feet, being generally square or rectangular in shape, with a
maximum length of 25 feet and a minimum width of eight feet.
Examples would be ten feet by 20 feet, or eight feet by 25 feet.
iii. This section does not apply to temporary outdoor services such as
mobile blood banks, mammography screening, eye screening, or
similar medical services for humans.
iv. An application for a temporary use shall also include a true copy of
the sales tax permit which designates the city as point of sale.
V. Temporary sales of fruits and vegetables for off -premises
consumption shall be allowed; however, the products must remain
whole, and not be cut or opened in any manner.
b. Christmas tree sales. Temporary sales of Christmas trees during the normal
and generally accepted season subject to the following provisions:
i. Issuance of permits for temporary outdoor sales of Christmas trees
shall be limited to areas zoned for retail or commercial uses, or any
church property.
ii. Sales may not begin prior to November 15.
iii. Sale site must be cleaned and vacated by January 1.
iv. The application for a temporary use permit shall also include a true
copy of the sales tax permit which designates the city as point of sale.
V. A temporary use permit for Christmas tree sales shall be excluded
from the maximum number of temporary use permits allowed under
Section 6.04.1.1.
C. Carnival, circus, orfairgrounds may be allowed provided the use conforms to
all other provisions of this Code and the Code of Ordinances.
1. The term of a temporary use permit for a carnival, circus, or
fairgrounds shall not exceed a maximum of five (5) days.
ii. Issuance of permits for a carnival, circus or fairgrounds shall be
limited to areas zoned for retail or commercial uses, or any church
property.
d. Temporary Event. Sporting events, philanthropic or religious events,
community garage sales for charities, political rallies and similar activities
may be allowed provided the use conforms to all other provisions of this Code
and the Code of Ordinances. Parking lot sales may be allowed for the existing
businesses holding a Certificate of Occupancy for the site.
Ordinance No. 3575-5-18, Page 4
' 1. Issuance of a permit for a temporary event pursuant to this paragraph
d. shall be limited to areas zoned for non-residential uses.
ii. The term of a temporary use permit issued pursuant to this paragraph
d. for a temporary event shall not exceed fifteen (15) days.
Temporary Food Vendor. A Mobile Food Establishment, as defined in Section
6.06.15, may operate as a temporary food vendor as follows:
Mobile Food Establishments may be permitted to operate in
association with Temporary Use Permits issued for seasonal sales,
Christmas tree sales or temporary events. The temporary food vendor
information shall be submitted with the Temporary Use Permit
application for seasonal sales, Christmas tree sales or temporary event,
and a separate temporary use permit for the mobile food establishment
is not required. The temporary use permit most be obtained prior to
the Mobile Food Establishment commencing the preparation or sale
of any food on the property. This permit is required in addition to any
permits that may he required by the Chapter 6, Article VIII, Division
2 of the Code of Ordinances, as amended.
ii. Mobile Food Establishments may be issued a Temporary Food Vendor
Permit to operate at a Food Track Site meeting complying with
Section 6.06.14.
' a) The Mobile Food Establishment operator shall submit an
application and site plan as required in this Section.
b) The site plan shall demonstrate compliance with all
requirements of this Section and Section 6.06.15.
C) Only one permit per site may be issued per calendar year. The
permit shall be valid for a maximum of six (6) months.
Other temporary uses. A temporary use permit may be granted for those uses
indicated by a "T" in the Schedule of Permitted Principal Uses, Section 4.20.1,
and are not subject to the maximum permit term described in Section 6.04.1.1.
B. Section 6.06 "Supplemental Use Regulations" is amended by adding Section 6.06.15 "Mobile Food
Establishments" to read as follows:
Section 6.06.15. Mobile Food Establishments
This section establishes regulations for operating various Mobile Food Establishments within
the City. Mobile Food Establishments may only operate to accordance with the following:
Definitions
As used in this Section 6.06.15, the following words and phrases shall have the
following meanings unless the context clearly indicates as different meaning:
Ordinance No. 3575.5.18, Page 5
i. Food Truck Park means one or more lots or parcels of land where three or
more Mobile Kitchens congregate to offer food or beverages for sale to the
public as the principal use of the land.
ii. Food Truck Site means an existing, developed site where a Mobile Kitchen
operates as an accessory use to the primary active business located on the same
site.
iii. Mobile Construction Site Food Vehicle means a vehicle with no or limited
kitchen facilities that carries prepackaged food or non -prepackaged foods
prepared at an approved commissary that contains no potentially hazardous
food, as defined by Code Chapter 6, Art. VIII, Division 2 of the Code of
Ordinances, and services only active construction sites.
iv. Mobile Food Establishment means a vehicle -mounted food establishment
designed to be readily moveable that is equipped with food preparation
equipment and includes vehicles in which food is prepared on site. Mobile
Food Establishments include Mobile Kitchens, Mobile Construction Site Food
Vehicle, Mobile Ice-cream/Frozen Dessert Vehicle and Non -Motorized Food
Vending Carts. Mobile Food Establishments do not include restaurant
delivery and catering vehicles.
V. Mobile Food Trailer means a Mobile Kitchen that serves food or beverages
from an enclosed, self-contained, non -motorized vehicle that is normally
' pulled behind a motorized vehicle.
vi. Mobile Food Truck means a Mobile Kitchen that serves food or beverages
from an enclosed, self-contained, motorized vehicle.
vii. Mobile Ice cream/Frozen Dessert Vehicle means a motorized vehicle that
normally contains a commercial freezer in which all products for sale are
prepackaged and frozen.
viii. Mobile Kitchen means a motorized vehicle or tow -behind trailer equipped with
kitchen facilities such as plumbing, hot water supply, mechanical refrigeration,
cooking equipment, and dry goods storage used for the preparation and sale or
service of food and beverages. Customer service is provided at a counter or
window in the vehicle. Mobile Kitchens may include, but are not limited to,
Mobile Food Tmcks and Mobile Food Trailers. Mobile Kitchens shall not
include individual Non -Motorized Vending Carts, Mobile Construction Site
Food Vehicles or Mobile Ice cream frozen Dessert Vehicles.
ix. Non -Motorized Vending Cart means a non-momrized vehicle that is normally
propelled by the operator, contains products for sale that are prepackaged
and/or frozen, and operates independent of any fixed food establishment.
b. Authorized Locations
Ii. No person may serve food to the public from a Mobile Kitchen except at the
following locations:
Ordinance No. 3575-5-18, Page 6
a)
b)
At a Food Truck Site approved in accordance with Section 6.06.15.c.
At a Food Track Park approved in accordance with Section 6.06.15.d.
iii. Any person providing food to the public from a Mobile Ice Cream/Frozen
C)
At the location of a Temporary Event that has received a Temporary
Use Permit in accordance with Section 6.04.1.4.e.
d)
At an event hosted or sponsored by the City pursuant to a written
agreement with the City.
ii. No person may serve food to the public from a Mobile Construction Site
Food
Vehicle except at the following locations:
a)
a construction site for which an active building permit has been issued
c. Food Truck Sites
by the City; or
b) property owned or leased by the United States, State of Texas, or
Ordinance No. 3575-5-18, Page 7
Collin County on which active construction is occurring.
iii. Any person providing food to the public from a Mobile Ice Cream/Frozen
Dessert Vehicle must operate in compliance with Chapter 6, Art. VQf,
Division 2 of the Code of Ordinances, as amended, and Code of Ordinances
Section 8-65(i) through (1), as amended.
iv. A Non -Motorized Vending Cart may he operated only at a Temporary Event
'
in accordance with a Temporary Use Permit issued pursuant to Section
6.04.1.4.e).
c. Food Truck Sites
i. The operator of a Mobile Kitchen may operate a Food Track Site upon receipt
of a Temporary Food Vendor Permit in accordance with Section 6.04.1.4.e),
and in accordance with the requirements of this code.
ii. Food Truck Sites may be established within:
a) the limits of any city park or city property pursuant to a written
agreement with the City; and
b) in the following zoning districts or, unless otherwise expressly
prohibited by the ordinance establishing the Planned Development,
any Planned Development with the following base zoning:
1) "CC" Corridor Commercial
2) "SC" Shopping Center
3) "Ll" Light Industrial
4) "O" Office
Ordinance No. 3575-5-18, Page 7
iii. A Food Track Site must be located on private property on which is located a
' permanent structure in which a business is operating in accordance with a
certificate of occupancy. The operator of the Food Truck Site must obtain and
maintain written consent from the property owner or property manager and
provide written proof thereof upon demand of the city.
iv. Except for a Mobile Kitchen for which written consent has been granted by the
owner or authorized representative of the restaurant or food establishment, no
Mobile Food Establishment shall sell or serve food to the public within 300 feet
of any door, window or outdoor dining area of any existing restaurant or food
service establishment.
V. Mobile Kitchens and their customers shall not sell or consume food within any
public street, public alley, driveway, or fire lane unless closed to through traffic
pursuant to permit issued by the City authorizing such use.
vi. Mobile Kitchens may operate only during the business hours of the primary
business on the property where the Food Truck Site is located.
vii. Access to restrooms available for use by operators, employees, and customers
of a Food Truck Site shall he provided no farther than 1000 feet from the
location of the mobile food establishment.
viii. A Mobile Kitchen shall not be left unattended. Mobile Kitchens shall not be
' stored at any location visible to the public when not in operation.
ix. A mobile food establishment must be operated in compliance with the site plan
and other conditions set forth in the approved Temporary Food Vendor Permit
issued to the owner or operator of the Mobile Kitchen.
d. Food Truck Parks. Food Track Parks may be located in the various zoning districts
within the City in accordance with Section 4.20.2, Schedule of Principal Uses and
Section 4.20.4, Schedule of Principal Uses- Central Business District, all applicable
development requirements of this code for the respective zoning districts, and the
following:
L A site plan shall be approved in accordance with Section 6.05 prior to locating
any Mobile Kitchen on the property.
ii. Permanent restroom facilities available to owners, operators, and customers of
the Mobile Kitchens operating in the Food Track Park must be located within
1000 feet of each location where a Mobile Kitchen may be parked.
iii. All vehicles, including Mobile Kitchens, shall be parked on an improved
surface as defined in Section 6-82 of the Code of Ordinances.
iv. Electricity shall be provided with permanent outlets by way of a portable cord
' that complies with Section 3.09 (National Electrical Code), as amended.
Ordinance No. 3575.5-18, Page 8
' V. Any waste, liquid or solid, shall be disposed of safely and properly as per all
associated local and state regulations. Trash service and receptacles shall be
provided in accordance with City requirements.
vi. A Mobile Kitchen cannot be left unattended or left on site overnight.
Additional Requirements. Any person operating a Mobile Food Establishment shall
comply with the following:
No person shall operate a Mobile Food Establishment involving food products
unless the vehicle used in the operation is constructed and operated in
accordance with the Chapter 6, Article VIII, Division 2 of the Code of
Ordinances, as amended.
ii. Any person operating any Mobile Food Establishment shall ensure that all
food preparation, cooking, service, or other food service related activities take
place within the confines of the vehicle used in such operation.
iii. Signs advertising a Mobile Food Establishment and/or the menu of food and
beverages sold from the food truck shall be limited to:
a) signs permanently attached to the Mobile Food Establishment; and
b) one (1) menu board sign with a sign face area of not greater than eight
' (8) square feet, placed adjacent to the Mobile Food Establishment on
private property.
iv. On request of the City, a Mobile Food Establishment operator must be able to
demonstrate that the Mobile Food Establishment is moveable and operable;
V. A Mobile Food Establishment operator shall not alter or modify a Mobile Food
Establishment or the premises adjacent to the Mobile Food Establishment in a
manner that would prevent the operation or mobility of the Mobile Food
Establishment.
vi. The water supply for a Mobile Food Establishment shall be from an internal
water tank which must be filled from an external source when not in operation.
Temporary connection of a Mobile Food Establishment to a potable water
source while in operation is prohibited.
vii. Electricity for a Mobile Food Establishment shall be from an internal or
portable generator or an electrical outlet by way of connected to a portable
cord in compliance with Section 3.09 (National Electrical Code), as amended.
viii. Service from a Mobile Food Establishment through a drive through window is
prohibited.
is. Mobile Food Establishment must be parked, situated and operated in a manner
that does not restrict orderly and/or safe vehicular and/or pedestrian
movements.
Ordinance No. 3575-5-18, Page 9
' X. Loud speakers or loud noises of any kind for the purpose of attracting attention
to a Mobile Food Establishment are prohibited.
xi. No Mobile Food Establishment operator shall operate a generator and/or
vehicle motor which generates visible smoke, excessive noise, or excessive
gasolineldiesel fumes.
xii. Unless provided by the operator of a Food Track Park, a Mobile Food
Establishment operator shall provide solid waste containers for customers to
dispose of trash and food waste when the Mobile Food Establishment is parked
and food is being sold and served. All such solid waste containers and the solid
waste collected therein shall be removed from the site by the Mobile Food
Establishment operator when leaving the site; provided, however:
a) If the operator of a Food Track Park is responsible for the disposal of
waste generated from operation of the site and place in solid waste
receptacle provided by said operator, the Mobile Food Establishment
operator shall be responsible for ensuring that all solid waste generated
from the vendor's operations is placed in the provided receptacles
before departing; or
b) If there is a solid waste dumpster located on the Food Track Site or
Food Track Park that is available for disposal of solid waste generated
by the operation of a Mobile Food Establishment, the Mobile Food
' Establishment operator may dispose of the solid waste in said
dumpster before departing the site.
xiii. Mobile Food Establishments will not be allowed to touch, lean against or be
affixed temporarily or permanently to any building structure, wall, tree,
shrubbery or planting bed.
xiv. Mobile Food Establishment operators shall not hang or display merchandise
on trees, umbrellas, or walls, or sell from any other temporary structures
located upon any public street, sidewalk, right-of-way or other public property.
xv. Where exigent circumstances exist and an Allen Police Officer, or other
authorized officer of the City, gives notice to a Mobile Food Establishment
operator to temporarily move from a location, such Mobile Food
Establishment operator will not operate from or otherwise remain at such
location. For the purpose of this paragraph, exigent circumstances shall
include, but shall not be limited to, unusually heavy pedestrian or vehicular
traffic; the existence of any obstructions at or near such location; a major event,
festival, program or park activity; a fire; a parade or demonstration;
construction activity, or other such event or circumstance that causes the site
to become unsafe or unusable.
xvi. Mobile Food Establishment operators shall only engage in the sale and service
of food and beverages. The sale of other products or services from a Mobile
Food Establishment is prohibited, including but not limited to, tobacco
products, alcoholic beverages, sexually explicit and/or drug related
paraphernalia, obscene material, sales real estate and vacation packages,
Ordinance No. 3575-5-18, Page 10
I
marketing and advertising activities, sales of tickets for events, any non-food
vending, and other services or products not approved by the City prior to
issuance of the permit.
SECTION 3. In the event of an irreconcilable conflict between the provisions of another previously adopted
ordinance of the City of Allen and the provisions of this Ordinance, the provisions of this Ordinance shall be
controlling
SECTION 4. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance,
as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of
the remaining portions of said ordinance, or the Allen land Development Code, as amended hereby, which shall
remain in full force and effect.
SECTION 5. An offense committed before the effective date of this Ordinance is governed by prior law and the
provisions of the Allen land Development Code, as amended, in effect when the offense was committed and the
former law is continued in effect for this purpose.
SECTION & Any person, firm or corporation violating any of the provisions or terms of this Ordinance shall be
subject to the same penalty as provided for in the Allen land Development Code, as amended, and upon conviction
shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000) for each offense, and each
and every day such violation shall continue shall be deemed to constitute a separate offense.
SECTION 7. This ordinance shall take effect immediately from and after its passage and publication in
accordance with its provisions of the Charter of the City of Allen, and it is accordingly so ordained.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 22 No DAY OF MAY 2018.
L\>>tiQ'101 JKLO 017011 .IuA
Peter G. Smith, CITY ATTORNEY
(kbl SMI8 99138)
APPROVED:
Stephen TQrrell, MAYOR
ATTEST:
Shelley B. George, C, CITY S CRETARY
Ordinance No. 3575.5.18, Page 11