9-1-19-49A: POLICY 49 (ABSOLUTE) VENDOR CARTS:
A. Vendor Cart Locations: Large vendor carts and small vendor carts are permitted only in those land use districts where commercial uses are an allowed or recommended land use. Special event vendor carts are permitted anywhere within the town if authorized by a special event permit issued by the town pursuant to title 4, chapter 13 of this code.
B. Vendor Cart General Design Standards: Large vendor carts and small vendor carts are subject to the following general design standards:
1. General Design Standards Within The Conservation District: The following general design standards apply as indicated to large vendor carts and small vendor carts located within the conservation district:
a. All large vendor carts and small vendor carts shall be designed to blend in with the existing historic character. This shall be accomplished through the proper use of architecture, materials and site planning. In the conservation district, large vendor carts shall complement the surrounding building character through the use of high quality materials and detailing. Placing a large vendor cart in an unfinished vacant lot with no site improvements is prohibited.
b. All large vendor carts and small vendor carts must be constructed of professional quality for use as a food vending cart.
c. All large vendor carts and small vendor carts must be maintained in good working condition with no broken or rusty parts. All exterior materials must be kept clean and in a neat appearance. No rusty or broken metal or chipped or broken wood is allowed. All exposed edges must be finished. All wood details and finishes must be suitable for long wear in an exterior location. All detailing, construction and finishing shall be done in a craftsmanlike manner.
2. General Design Standards Outside The Conservation District: The following general design standards apply as indicated to large vendor carts and small vendor carts located outside of the conservation district:
a. All large vendor carts and small vendor carts must be constructed of professional quality for use as a food vending cart.
b. All large vendor carts and small vendor carts must be in good working condition, with no broken or rusty parts. All exterior materials must be kept clean and in neat appearance. No rusty or broken metal or chipped or broken wood is allowed. Metal and wood may be used as exterior finishes. The gauge, detailing and finish of all metal surfaces shall be suitable for long term use in an exterior location. All exposed edges must be finished. All metal used in carts shall have concealed seams and overlapping joints. All wood details and finishes must be suitable for long wear in an exterior location. All detailing, construction and finishing shall be done in a craftsmanlike manner. No rough cut, unfinished or distressed woods will be considered as finish materials.
3. Additional Requirements For All Vendor Carts:
a. Large Vendor Carts: The following additional design and operational standards apply to large vendor carts:
1. Large vendor carts must be located on private property.
2. Large vendor carts may only sell food and beverages in forms suited for immediate consumption. This shall include hot or cold prepared foods and beverages, and prepackaged food and snacks, whether eaten at the site of sale, or "carry out/to go". Fresh fruits and vegetables may be sold from a large vendor cart in limited amounts if they are normally and customarily eaten in a raw form, but a large vendor cart shall not be used primarily to sell fresh fruits and vegetables.
3. The area of a large vendor cart counts as density. The density shall be assessed against the real property on which the vendor cart is located.
4. Large vendor cart owners shall improve the immediate area around their business through the installation of pavers, landscaping, awnings, and/or small decks to help the vendor carts to look less temporary, and to blend into the surrounding character. Where the surrounding area is already improved with such finishes as listed above, this requirement may be waived by the planning commission.
5. The maximum size of a large vendor cart is one hundred (100) square feet.
6. The maximum height of a large vendor cart is ten feet (10'). The height of the cart shall be measured vertically from the ground to the highest point of the cart including signage or other equipment, if any.
7. If a large vendor cart is connected to the town's Municipal water system, the owner must pay water plant investment fees for the vendor cart. If a large vendor cart is connected to the town's Municipal water system, it must also be connected to the public sanitation system.
8. If a large vendor cart uses a commissary kitchen, the commissary kitchen must be identified on the vendor cart permit application, and any applicable water plant investment fees must be paid by the owner of the commissary kitchen. If the commissary kitchen changes during the term of the permit, the large vendor cart permit holder must notify the director within ten (10) days of the date of the change.
9. Siding and other compatible materials used on a large vendor cart must wrap all sides of the vendor cart.
10. Exterior colors used on a large vendor cart must meet the town's color chroma palette. The color of all large vending carts shall be selected from the "Munsell Book of Color" on file with the Community Development Department. The maximum chroma for the exterior of a large vending cart shall be 4 (unless red or yellow are used, then a maximum chroma of 6) and a maximum value of 6. (Ord. 15, Series 2012)
11. All signs for a large vendor cart shall be subject to the Breckenridge Sign Code1. (Ord. 3, Series 2019)
12. Generators are prohibited for large vendor carts, except for use as an emergency source of power when the permanent source of power to the large vendor cart is temporarily unavailable.
13. If a large vendor cart has wheels, the wheels shall be permanently screened with a skirting design architecturally compatible with the exterior of the cart.
14. Any trailer hitch on a large vendor cart must be removed or completely covered from view.
15. Owners of large vendor carts must obtain and maintain in full force and effect throughout the permit a valid Town of Breckenridge business license.
16. Large vendor carts must be windproof, waterproof and locked when not in operation.
17. Outdoor seating for a large vendor cart is limited to a maximum of twelve (12) seats and three (3) tables.
18. The operator of a large vendor cart shall comply with all applicable health regulations with respect to the operation of the large vendor cart.
b. Small Vendor Carts: The following additional design and operational standards apply to small vendor carts:
1. Small vendor carts must be located on private property.
2. Small vendor carts may only sell food and beverages in forms suited for immediate consumption.
3. Small vendor carts must be removed from its site and properly stored out of public view each day.
4. If a small vendor cart is connected to the town's Municipal water system, the owner must pay water plant investment fees. If a small vendor cart is connected to the town's Municipal water system, it must also be connected to the public sanitation system.
5. If a small vendor cart uses a commissary kitchen, the commissary kitchen must be identified on the vendor cart permit application. If the commissary kitchen changes during the term of the permit, the small vendor cart permit holder must notify the director within ten (10) days of the date of the change.
6. Umbrellas may be used on a small vendor cart. Tents on or at small vendor carts are prohibited.
7. All signage must be attached to small vendor cart. Freestanding signage on or for a small vendor cart is prohibited.
8. All storage boxes, cartons, and coolers used in connection with the operation of a small vendor cart shall be hidden from public view.
9. No decks, tables, or outdoor seating are allowed for a small vendor cart, except one seat for the operator of the small vendor cart.
10. No external piping or plumbing is allowed.
11. Extension cords may be used for a small vendor cart only if the cord is not located in an area where the public walks, and the placement of the extension cord does not create a public safety hazard.
12. Small vendor cart must be on wheels.
13. Owners of small vendor carts must obtain and maintain in full force and effect throughout the permit a valid Town of Breckenridge business license. (Ord. 15, Series 2012)
14. All signs for a small vendor cart shall be subject to the Breckenridge Sign Code. (Ord. 3, Series 2019)
15. The operator of a small vendor cart shall comply with all applicable health regulations with respect to the operation of the small vendor cart.
C. Special Event Vendor Carts: Special event vendor carts may be approved only in connection with and pursuant to the procedures for the review and approval of a special event permit issued by the town pursuant to title 4, chapter 13 of this Code. Special event vendor carts are subject to the applicable terms and conditions of the special event permit. Except as specifically provided in this policy, the provisions of this policy do not apply to special event vendor carts. (Ord. 15, Series 2012)
D. Duration Of Development Permit: A development permit for a large or small vendor cart issued pursuant to this policy shall be valid for three (3) years as provided in section 9-1-17-8 of this chapter, and may be renewed. A development permit issued pursuant to this policy may also be revoked for cause as provided in section 9-1-6 of this chapter. (Ord. 1, Series 2019)
E. Limitation On Number Of Vendor Cart Permits:
1. The total number of development permits for each type of vendor cart that may be issued by the town under this policy for locations within the Conservation District are as follows:
Permit Type | Maximum Number Of Permits |
|---|---|
Large vendor carts | 3 |
Small vendor carts | 4 |
Special event vendor carts | No limit |
The town shall never issue more permits of any type than the number of permits provided in this subsection E(1).
2. There is no limit on the number of development permits that may be issued by the town for large vendor carts or small vendor carts located outside of the conservation district.
3. The limitations of subsection E(1) of this section do not require the closure or removal of any vendor cart operating within the town as of the effective date of this policy pursuant to a valid development permit. On the effective date of this policy, all vendor carts for which a valid development permit exists may continue to be operated under the terms and conditions of the approved development permit until the first to occur of: a) the permit expires; b) the permit is revoked by town in accordance with this chapter; c) the permit is voluntarily surrendered; d) the permit is not renewed by the permittee or the planning commission; or e) the vendor cart is otherwise required to be closed or removed for any lawful reason. Upon the occurrence of any event described in the preceding sentence the owner or operator of the vendor cart that was previously permitted must obtain a new development permit, and in connection therewith must be brought into compliance with the requirements of this policy.
4. The limitations of subsection E(1) of this section do not require the closure or removal of any vendor cart operating within the town as of the effective date of this policy for which a development permit was previously issued prior to the effective date of this policy, but which expired during the moratorium period that occurred immediately prior to the effective date of this policy. Within sixty (60) days after the effective date of this policy the owners or operators of all vendor carts for which an expired development permit existed must submit an application for a new development permit. The vendor cart that is the subject of the application may remain in operation until the new development permit application is finally decided by the town. In connection with approval of the new development permit application, the vendor cart must be brought into compliance with the requirements of this policy.
5. A large vendor cart for which a development permit is issued pursuant to this policy may continue in operation until the first to occur of: a) the permit is revoked by town in accordance with this chapter; b) the permitted vendor cart is not operated pursuant to the permit for a period of six (6) consecutive months; c) the permit is voluntarily surrendered; d) the permit is not renewed by the permittee or the planning commission; or e) the permitted vendor cart is otherwise required to be closed or removed for any lawful reason. Upon the occurrence of any of events described in the preceding sentence, the number of permitted large vendor carts described in subsection E(1) of this section shall be permanently reduced by one permit. A development permit for a large vendor cart may be transferred to a purchaser in the event of the sale of the vendor cart if the purchaser assumes and agrees to be bound by all of the terms and conditions of the development permit. The provisions of this subsection E(5) do not apply to small vendor carts.
6. If the total number of small vendor cart permits issued by the town ever drops below the cap number established in subsection E(1) of this section, the director shall conduct a random drawing of applications for a new small vendor cart development permit submitted by qualified applicants, and shall allow the development permit application to be processed only by the winner of the drawing. All unsuccessful development permit applications shall not be processed, and the application fee shall be refunded to the unsuccessful applicant(s). If the successful applicant withdraws the application, or if the application is not approved by the town or accepted by the applicant, the director shall conduct a second random drawing among the qualified applicants, and shall allow the development permit application to be processed only by the winner of the second drawing. To be permitted to participate in the drawing an applicant must have: a) submitted a completed application; and b) paid the required application fee. The director may establish further rules and regulations for the administration of the required random drawing by administrative rule and regulation adopted pursuant to section 9-1-28 of this chapter. Such rules and regulations shall be consistent with the requirements of this section.
F. Exempt Large Vendor Cart Designation:
1. A large vendor cart that is determined by the planning commission to have:
a. Been operated in the same location for a period of twenty five (25) consecutive years (excluding seasonal closures) immediately preceding the filing of the application described in this subsection F; and
b. Acquired historic, cultural or other special significance, may apply for designation as an exempt large vendor cart.
2. An application for designation as an exempt large vendor cart shall be processed as a Class B minor development permit application.
3. An exempt large vendor cart is not subject to the requirements and limitations of this policy, and may continue to be operated without being brought into compliance with the requirements and limitations of this policy. However, an exempt large vendor cart is subject to the following requirements:
a. If an exempt large vendor cart is discontinued from active and continuous use (excluding seasonal closures) for a period of twelve (12) consecutive months, the large vendor cart loses its designation as an exempt large vendor cart. Such large vendor cart shall not be used again until it is brought into compliance with the requirements and limitations of this policy, and a new development permit issued pursuant to this policy.
b. A large vendor cart that is once brought into compliance with the requirements of this policy is no longer eligible for designation as an exempt vendor cart.
c. An exempt large vendor cart that is damaged by fire or other calamity to the extent of more than fifty percent (50%) of its replacement value at the time of the damage loses its designation as an exempt large vendor cart, and must be brought into compliance with the requirements of this policy.
4. An exempt large vendor cart shall be counted as a large vendor cart for purposes of calculating the maximum number of allowed large vendor carts as described in subsection E(1) of this section.
G. Conditions Of Approval: The planning commission may impose reasonable conditions when approving a development permit under this policy as provided in section 9-1-17-7 of this chapter. Such conditions may include, if appropriate, the requirement that the permittee provide a monetary guarantee to the town, in a form acceptable to the town attorney, ensuring the complete removal of the vendor cart, site cleanup, and site revegetation, when the development expires without being renewed, or is revoked. (Ord. 15, Series 2012)
Notes:
1See chapter 15 of this title.