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Ordinance No. 25-01 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 25-01 AN ORDINANCE AMENDING THE TIGARD COMMUNITY DEVELOPMENT CODE REGARDING FOOD CARTS AND DECLARING AN EMERGENCY ; a,f 414,1 WHEREAS, on April 24, 2024, Council approved a package of amendments to the Tigard Community Development Code as part of the Tigard MADE project;and WHEREAS, Tigard MADE was intended to modernize the Community Development Code to foster greater economic opportunity and activity in the city;and WHEREAS, food carts were contemplated in these development code changes as an important entrepreneurial opportunity for the city's residents and business owners;and WHEREAS, food carts are also an increasingly important part of a city's attractiveness and livability;and WHEREAS,whereas the Council recognizes that the current regulations in the Community Development Code that apply to food carts are incomplete and do not achieve the city's goals to encourage this type of business entrepreneurship while meeting its livability goals;and WHEREAS, an emergency is requested in order to prevent potential delays to approval of proposed food cart operations. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard Community Development Code is amended as shown in Attachment 2. SECTION 2: The Tigard City Council adopts the findings of fact and conclusions of law as provided in Attachment 1 in support of this amendment. SECTION 3: If any provision of this ordinance or the application thereof to any person or circumstances is held invalid,such invalidity will not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. This City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the ordinance be enforced. SECTION 4: As these amendments are deemed necessary to protect the health, safety, and welfare of the city's residents and business owners, an emergency is declared to exist; therefore, this ordinance shall take effect immediately upon passage. PASSED: By ft411i 'wi vote of all council members present after being read by number and title only, this g 0 qday of lvtn uAlj ,2025. ORDINANCE No. 25-0 Page 1 ?ri7 Jesse B.Raymundo,Deputy City Recorder APPROVED: By Tigard City Council this v day of MIM ,2025. COVOL--, Heidi Lueb,Mayor Approved as to form: City Attorney Date ORDINANCE No. 25-01 Page 2 RECOMMENDATIONS AND FINDINGS OF THE PLANNING COMMISSION .114 4i FOR THE CITY OF TIGARD, OREGON TIGARD SECTION I. APPLICATION SUMMARY CASE NAME: FOOD CART DEVELOPMENT CODE UPDATE CASE NO.: Development Code Amendment (DCA) DCA2024-00002 PROPOSAL: The City is proposing development code amendments that will add a new chapter to provide specific standards and approval processes for food carts and food cart pods. This amendment will provide greater clarity for entrepreneurs, applicants, and staff. APPLICANT: City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 ZONES: Citywide LOCATION: Citywide APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 (Statewide Planning Goals 1 (Citizen Involvement), 2 (Land Use Planning), 9 (Economic Development); Metro Urban Growth Management Functional Plan Titles 4, 6, and 8; Tigard Comprehensive Plan Policies 1.1.2, 2.1.1, 2.2.2, 2.1.3, 2.1.24, 9.1.3, 9.1.5, 9.1.11, and 9.2.1; and Tigard Community Development Code Chapters (TDCD): 18.710 and 18.790 SECTION II. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommends that the City Council adopt the amendments to the Tigard Community Development Code with any alterations as determined appropriate by the City Council through the public hearing process. SECTION III. BACKGROUND INFORMATION AND PROJECT SUMMARY Project History Beginning in 2020, Tigard kicked off two major long range planning projects that reimagined the city's commercial, industrial, and mixed-use zones. Those projects led to a series of legislative amendments collectively known as Tigard MADE. The amendments modernized Tigard's land use regulations that apply to FOOD CART DEVELOPMENT CODE UPDATE DCA2024-00002 1/28/2024 PUBLIC HEARING,PLANNING COMMISSION RECOMMENDATION AND FINDINGS PAGE 1 OF 7 employment lands to accommodate new business and development types, increase employment density, protect industrial land resources, increase housing capacity, facilitate mixed-use commercial activity, and support urban neighborhood development. One element of the Tigard MADE package was a set of regulations to explicitly allow food carts as a use in the city. For several years, the city had been allowing food carts to operate as an accessory use in limited locations, subject to certain requirements. This allowance had been made through policy interpretation and did not offer food cart entrepreneurs certainty through a vested right to an allowed land use. Tigard MADE provided an approval pathway for a vested land use for food carts through a temporary use permit, subject to certain standards. With the adoption of Tigard MADE, the Community Development team made a commitment to the Tigard City Council to closely monitor the implementation of the code and to bring forward further changes if needed,based on this information and community feedback. Almost immediately, it became clear that the food cart provisions as adopted were inadequate to the purpose for which they were intended. A summary of the issues identified follows: • A temporary use permit is not the proper approval type for a use that is more permanent in nature. • The standards applied to food carts were not sufficiently well developed compared to the standards in other peer cities and sometimes lacked clarity. • There is no clear pathway to modify a food cart approval. • There is not an approval pathway or any standards for food cart pods as a standalone use. The city has seen a burgeoning interest particularly in food cart pods and so the team made a determination to prioritize development code amendments to correct the deficiencies in the adopted code. Proposal Description • A new Chapter (18.750) specific to food carts has been added to the Tigard Community Development Code (Title 18). • Food cart approvals have been divided into two types: o Food carts — allowable as accessory uses on site with legal primary uses, with up to three carts per property subject to certain site design standards o Food cart pods—allowable as a standalone use subject to certain site design standards • Food cart and food cart pod standards have been added and are focused primarily on the following: o Ensuring public health, safety, and welfare o Maximizing pedestrian accessibility o Minimizing conflicts with public right-of-way o Protecting public infrastructure,particularly the sanitary sewer system o Allowing supportive site design elements such as dining areas • The previous Chapter 18.750 Historic Resources has been renumbered to 18.755. • Omnibus changes have been made to other chapters to accommodate these changes. Summary The findings below support the adoption of the proposed Community Development Code amendments, as attached to this recommendation. FOOD CART DEVELOPMENT CODE UPDATE DCA2024-00002 1/28/2024 PUBLIC HEARING,PLANNING COMMISSION RECOMMENDATION AND FINDINGS PAGE 2 OF 7 SECTION IV. APPLICABLE CRITERIA, FINDINGS AND CONCLUSIONS This section contains all applicable city, regional, and state provisions that apply to the proposed Development Code Amendments,and findings detailing how each provision is met. STATEWIDE PLANNING GOALS AND GUIDELINES State planning regulations require cities to adopt and amend Comprehensive Plans and land use regulations in compliance with the state land use goals. Because the proposed code amendments have a limited scope and the text amendments address only some of the topics in the Statewide Planning Goals, only applicable statewide goals are addressed below. Statewide Planning Goal 1—Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. FINDING: The city conducted outreach with stakeholders including the Tigard Chamber of Commerce and food cart entrepreneurs. Feedback from these stakeholders was incorporated into the final version of the proposed amendments. The notice requirements set forth in Section 18.710.120 (Legislative Procedures) were met. Notice was provided to the Department of Land Conservation and Development through the Post-Acknowledgement Plan Amendment process. A minimum of two public hearings will be held (one before the Planning Commission and the second before the City Council) at which an opportunity for public input is provided. A copy of the proposed amendments will be made available to the public for review prior to hearings and adoption. This goal is satisfied. Statewide Planning Goal 2—Land Use Planning: This goal outlines the land use planning process and policy framework. FINDING: The Department of Land Conservation and Development (DLCD) has acknowledged the city's Comprehensive Plan as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process and standards to review changes to the Tigard Development Code in compliance with the Comprehensive Plan and other applicable state requirements. As discussed within this report, the applicable Development Code process and standards have been applied to the proposed amendment, and the intent of these amendments are to meet the requirement of state law, administrative rules, and the Statewide Planning Goals. This goal is satisfied. Statewide Planning Goal 9—Economic Development This goal outlines how cities and counties must plan to ensure that they have enough land available to realize economic growth and development opportunities. FINDING: This code package is intended to facilitate greater economic and entrepreneurial opportunities, a more diverse mixture of business activity, and incremental redevelopment opportunities in order to maximize the use of Tigard's limited remaining employment lands. This goal is satisfied. CONCLUSION: Based on the findings above and the related findings below, staff finds the proposed code amendments are consistent with applicable Statewide Planning Goals. FOOD CART DEVELOPMENT CODE UPDATE DCA2024-00002 1/28/2024 PUBLIC HEARING,PLANNING COMMISSION RECOMMENDATION AND FINDINGS PAGE 3 OF 7 METRO'S URBAN GROWTH MANAGEMENT FUNCTIONAL PLAN State planning regulations require cities within the Metro service area to adopt and amend Comprehensive Plans and land use regulations in compliance with Metro's Urban Growth Management Functional Plan. Because the proposed code amendments have a limited scope and the text amendments address only some of the topics in METRO's Urban Growth Management Functional Plan, only applicable Titles are addressed below. Title 4—Industrial and Other Employment Areas The Regional Framework Plan identifies Regionally Significant Industrial Areas (RSIAs), Industrial Areas, and Employment Areas where activities are limited in efforts to promote industrial or employment activity. FINDING: While Tigard contains no RSIAs, it does contain Metro-identified Industrial Areas and Employment Areas. Section 3.07.440 of the UGMFP requires the City to have land use regulations that limit commercial retail uses in these areas. These amendments would prohibit food cart pods where eating and drinking establishments are not allowed, including the city's limited supply of industrial lands. Food carts as an accessory use could potentially be allowed where industrial uses are already a primary use, allowing for some small commercial services to employees. This title is satisfied. Title 6—Centers, Corridors, Station Communities and Main Streets The Regional Framework Plan identifies Centers, Corridors, Main Streets and Station Communities throughout the region and recognizes them as the principal centers of urban life in the region. Title 6 calls for actions and investments by cities and counties, complemented by regional investments, to enhance this role. A regional investment is an investment in a new high-capacity transit line or designated a regional investment in a grant or funding program administered by Metro or subject to Metro's approval. FINDING: Title 6 acknowledges that a vibrant mix of uses is needed in regional centers in order for the center to be robust,walkable, and successful. The proposed updates allow for a broader mixture of pedestrian- oriented activities in appropriate zones within the city's identified plan districts. This title is satisfied. Title 8—Compliance Procedures A city or county proposing an amendment to a comprehensive plan or land use regulation shall submit the proposed amendment to the COO at least 35 days prior to the first evidentiary hearing on the amendment. The COO may request, and if so the city or county shall submit, an analysis of compliance of the amendment with the functional plan. If the COO submits comments on the proposed amendment to the city or county, the comment shall include analysis and conclusions on compliance and a recommendation with specific revisions to the proposed amendment, if any, that would bring it into compliance with the functional plan. The COO shall send a copy of comment to those persons who have requested a copy. FINDING: Notice and a copy of the proposed code amendments were provided to Metro. No comments were received to date. CONCLUSION: Based on the findings above, staff finds that the proposed code amendment is consistent with Metro's Urban Growth Management Functional Plan. TIGARD COMPREHENSIVE PLAN FOOD CART DEVELOPMENT CODE UPDATE DCA2024-00002 1/28/2024 PUBLIC HEARING,PLANNING COMMISSION RECOMMENDATION AND FINDINGS PAGE 4 OF 7 State planning regulations require cities to adopt and amend comprehensive plans and land use regulations in compliance with the state land use goals and consistent with their adopted comprehensive plan goals and policies. Because the development code amendments have a limited scope and the text amendments address only some of the topics in the Tigard Comprehensive Plan, only applicable comprehensive plan goals and associated policies are addressed below. Comprehensive Plan Goal 1: Citizen Involvement Policy 1.1.2: The City shall define and publicize an appropriate role for citizens in each phase of the land use planning process. FINDING: The proposed amendments have been reviewed by stakeholders including the Tigard Chamber of Commerce and current food cart entrepreneurs in the city. Their comments have been incorporated into the final version of the amendments. The notice requirements set forth in Section 18.710.120 (Legislative Procedures) were met. A minimum of two public hearings will be held (one before the Planning Commission and the second before the City Council) at which an opportunity for public input is provided. A minimum of two drafts of the proposed code changes (Proposed Draft to the Planning Commission, and Planning Commission Recommendation to City Council) will be made available to the public for review prior to hearings and adoption.This policy is satisfied. Comprehensive Plan Goal 2: Land Use Planning Policy 2.1.1: The City's land use program shall establish a clear policy direction, comply with state and regional requirements, and serve its citizens' own interests. FINDING: The proposed text amendments to the development code comply with all state and regional requirements, as the previous findings indicate. The proposed amendments provide clarification to ambiguous, redundant, and contradictory language in the development code. The proposed amendments also establish a clear policy direction for the approval of food carts and food cart pods. This policy is satisfied. Comprehensive Plan Goal 2: Land Use Planning Policy 2.1.2: The City's land use regulations, related plans, and implementing actions shall be consistent with and implement its Comprehensive Plan. FINDING: As demonstrated in this staff report, the proposed amendments to the Tigard Development Code are consistent with the Tigard Comprehensive Plan. This policy is satisfied. Policy 2.1.3: The City shall coordinate the adoption, amendment, and implementation of its land use program with other potentially affected jurisdictions and agencies. FINDING: Copies of the proposed text amendments were sent to affected agencies and each agency was invited to comment on the proposal. No comments were received. This policy is satisfied. Policy 2.1.24: The City shall establish design standards to promote quality urban development and to enhance the community's value,livability, and attractiveness. FINDING: The proposed amendments further the city's goal to provide design standards that ensure that the value, livability, and attractiveness of the city is preserved and increased. Standards for food carts and food cart pods ensure that the pedestrian realm remains attractive and that commercial development provides adequate infrastructure and facilities to support its operation. This policy is satisfied. FOOD CART DEVELOPMENT CODE UPDATE DCA2024-00002 1/28/2024 PUBLIC HEARING,PLANNING COMMISSION RECOMMENDATION AND FINDINGS PAGE 5 OF 7 Comprehensive Plan Goal 9: Economic Development Policy 9.1.3: The city's land use and other regulatory practices shall be flexible and adaptive to promote economic development opportunities, provided that required infrastructure is made available. FINDING: Allowing food carts as an accessory use and food cart pods as a standalone use further the city's goals to create greater economic opportunity. Food cart entrepreneurs are an important part of the city's economic vitality and livability. In addition, food carts offer a lower barrier to entry for many members of undercapitalized groups, including immigrants and communities of color. These regulations allow for a more flexible deployment of food carts while ensuring that infrastructure is provided at an appropriate scale to support those uses. This policy is satisfied. Policy 9.1.5: The City shall promote well-designed and efficient development and redevelopment of vacant and underutilized industrial and commercial lands. FINDING: Food carts are able to make efficient use of underutilized developed areas such as parking lots. Similarly, food cart pods are able to efficiently utilize lands that are only marginally developable for typical brick and mortar operations. By allowing these uses, the city is encouraging greater land use efficiency. This policy is satisfied. Policy 9.1.11: The City shall promote a vibrant mixture of business activity throughout Tigard, encouraging mixed-use development with walkable access to services for employees and residents alike. FINDING: Food carts are an important part of a modern vibrant commercial district. By allowing food carts and food cart pods, the city is promoting a vibrant mixture of pedestrian-oriented business activity. This policy is satisfied. Policy 9.2.1: The City shall institute appropriate land use regulations to accommodate a contemporary mix of economic activities. FINDING: The proposed amendments further the city's goal to accommodate modern uses that increase the livability and attractiveness of the city. Standards for the street-facing portion of food cart pods ensure that the pedestrian realm remains attractive to the street. This policy is satisfied. CONCLUSION: Based on the findings above, the proposed code text amendment is consistent with applicable provisions of the Tigard Comprehensive Plan. APPLICABLE PROVISIONS OF THE TIGARD DEVELOPMENT CODE Chapter 18.790: Zoning Map and Text Amendments 18.790.020 Legislative Amendments A. Approval process. A legislative amendment application is processed through a Legislative procedure, as provided in Section 18.710.120. FINDING: The proposed amendments are legislative in nature. Therefore, the amendment will be reviewed under the Legislative procedure as set forth in Section 18.710.120. This procedure requires public hearings by FOOD CART DEVELOPMENT CODE UPDATE DCA2024-00002 1/28/2024 PUBLIC HEARING,PLANNING COMMISSION RECOMMENDATION AND FINDINGS PAGE 6 OF 7 both the Planning Commission and City Council. Public hearings will be conducted on January 6, 2025 and January 28, 2025.This criterion is met. B. A recommendation or a decision for a legislative amendment application may be based on consideration of the applicable legal requirements. They may, but do not necessarily include: Oregon Revised Statutes, Oregon Administrative Rules, one or more Statewide Planning Goals, Metro's Urban Growth Management Functional Plan and any other regional plans. FINDING: Findings and conclusions are provided throughout Section IV above, for the applicable listed factors on which the recommendation by the Commission and the decision by the Council must be based. This standard is satisfied. SUMMARY CONCLUSION: As shown in the findings above, the Planning Commission concludes that the proposed amendments are consistent with the applicable Statewide Planning Goals; Metro's Urban Growth Management Functional Plan; applicable Tigard Comprehensive Plan goals and policies, and the applicable provisions of the City's implementing ordinances. SECTION V. AGENCY COMMENTS Affected public agencies were notified of the proposed amendments. No comments from agencies were received. SECTION VI. PUBLIC COMMENTS No public comments have been received at the time of the staff report. ATTACHMENTS: • Attachment 2: Proposed Code Amendments January 8, 2025 PREPARED BY: Schuyler Warren DATE Assistant Community Development Director rGt�� L January 8, 2024 APPROVED BY: Nathan Jackson DATE Planning Commission President FOOD CART DEVELOPMENT CODE UPDATE DCA2024-00002 1/28/2024 PUBLIC HEARING,PLANNING COMMISSION RECOMMENDATION AND FINDINGS PAGE 7 OF 7 Food Carts Development Code Update Final Draft January 28, 2025 Commentary 18.750 Note that this is a new chapter 18.750.The previous Chapter 18.750 (Historic Resources) has been renumbered to 18.755 as provided elsewhere in these amendments. Chapter 18.750 Food Carts 18.750.010 Purpose The purpose of this chapter is to provide an approval process and standards for food carts and food cart pods as a means to: A. Provide entrepreneurial opportunities; B. Encourage a variety of eating and drinking establishments to serve the Tigard community; C. Activate neighborhoods and street frontages with pedestrian-friendly amenities; D. Encourage the use of underutilized parking areas; E. Ensure proper design and installation to protect public infrastructure; and F. Protect public health, safety, and welfare. 18.750.020 Applicability A. Applicability. The provisions of this chapter apply to existing food carts and food cart pods, the siting of new food carts on private property, and the development of new food cart pods. B. Nonconforming Circumstances. 1. A food cart that was established prior to January 31, 2025 may continue to operate provided it meets all of the following: a. Indoor Sales and Service uses are allowed in the base zone where the food cart is located and operating; b. The food cart is located on a paved surface; c. The food cart is not connected to permanent utilities; d. The food cart has not moved from the site where it was legally established; and e. The food cart has an adequate means of collecting and containing fats, oils, and grease prior to wastewater discharge. 2. A food cart pod that was established prior to January 31, 2025 may continue to operate provided it meets all of the following: a. Indoor Sales and Service uses are allowed in the base zone where the food cart pod is located and operating; b. All food carts included in the food cart pod are located on paved surfaces; c. The food cart pod has not increased the total number of carts or cart stalls after January 31, 2025; d. The food cart pod has been in continuous operation with no interruption of operations of more than 30 days; and e. The food cart pod has an adequate means of collecting and containing fats, oils, and grease prior to wastewater discharge. C. Exemptions. The provisions of this chapter do not apply to temporary food truck uses. 18.750.030 General Provisions A. Food carts and food cart pods must maintain an active Tigard business license. B. Food carts must be inspected and licensed by the Washington County Environmental Health department. C. Waste containers must be provided and be maintained in sanitary condition. D. All cords, hoses, pipes, cables, and similar items serving food carts must be located and protected in a manner that does not create a tripping hazard. Where these items must be located in pedestrian areas, they must be adequately protected and marked. E. Each new food cart on a property is required to obtain an approval under the provisions of this chapter prior to operation except that food carts located within an approved food cart pod are exempt from individual approvals. 18.750.040 Approval Process A. Food cart. A food cart application is processed through a Type II procedure as provided in Section 18.710.060. B. Food cart pod. A food cart pod application is processed through a Type II procedure as provided in Section 18.710.060. C. Modifications. Modifications to approved food carts and food cart pods require a new approval under the provisions of this chapter, except that the changing of food carts in approved food carts pods are allowed provided the carts are located in an approved and marked stall. 18.750.050 Approval Criteria A. The approval authority will approve or approve with conditions a food cart application when all of the standards of 18.750.060 are met. B. The approval authority will approve or approve with conditions a food cart pod application when all of the standards of 18.750.070 are met. 18.750.060 Food Cart Standards A. The addition of the food cart must not result in more than three food carts being present on the subject property. B. The food cart must be located on a property with an existing legal nonresidential use. C. The entire footprint of the food cart must be located on a paved surface. D. The food cart must meet a minimum six-foot setback from any street property line. E. The food cart must meet the minimum setback standards along all other property lines that apply to a new nonresidential building in the base zone in which it is located. Where a property is adjacent a residential zone, the food cart must meet a minimum 20- foot setback. F. The food cart must be separated from any other food cart or building on the property by a minimum of 5 feet. G. The food cart must not obstruct or otherwise make unsafe any areas designed for pedestrian or vehicle movement to, from, or through the property on which the food cart is located. H. The food cart must not be located within any public access or utility easement. I. The food cart service window must be oriented such that customer queueing areas do not extend into vehicle maneuvering areas, pedestrian paths, or public rights-of-way. J. The food cart must have wheels and the wheels must remain permanently attached and functional. K. If there are permanent utilities located on the property, hardwired connections between the food cart and the utilities are prohibited. Any connection to utilities must be temporary and capable of being easily and safely disconnected. L. The food cart must include adequate means for the collection and removal of fats, oils, and grease. M. Any canopies, awnings, or other attachments to the food cart must maintain a minimum of seven feet of vertical clearance, be entirely supported by the cart, and must be fully collapsed when the food cart is not in operation. N. Food carts are prohibited in any required vision clearance area, as provided in Chapter 18.930 Vision Clearance Areas. 0. Any associated signs must meet the regulations for the base zone as provided in Chapter 18.435, Signs. 18.750.070 Food Cart Pod Standards A. The food cart pod must be located in a base zone that allows Indoor Sales and Services uses. B. The food cart pod must include at least one permanent building on the property that provides public restrooms. C. Any new building of more than 800 square feet must meet the minimum and maximum setback standards for the base zone. D. The food cart pod must not include more than 20 food cart stalls. E. Each food cart stall must be a maximum of 375 square feet and contain no more than one food cart. F. All food cart stalls must be located on paved areas and all stall locations must be demarcated on the pavement in a permanent manner. G. All food cart stalls must meet a minimum six-foot setback along all street property lines. H. All food cart stalls must meet the minimum setback standards along all other property lines that apply to a new nonresidential building in the base zone in which it is located. Where a property is adjacent to a residential zone, the food cart stall must meet a minimum 20-foot setback. I. All food cart stalls must be separated from other stalls by a minimum of five feet. J. The food cart pod must include centralized on-site facilities for the collection and removal of fats, oils, and grease, as approved by the City Engineer. K. Utility connections, including electricity, potable water, and water disposal must be provided at each stall in the form of temporary connection assemblies, such as those used in recreational vehicle parks. Permanent utility connections to carts are not allowed. Water disposal connections must be connected to the required centralized fats, oils, and grease management system. L. The site must be arranged and demarcated in a manner to ensure that food cart stalls do not obstruct or otherwise make unsafe any areas designed for pedestrian or vehicle movement to, from, or through the property. M. All food cart stalls and any associated temporary or permanent structures must not be located within any public access or utility easement. N. All food cart service windows must be oriented such that customer queueing areas do not extend into vehicle maneuvering areas, pedestrian paths, or public rights-of-way. 0. Any canopies, awnings, or other attachments to any food cart must maintain a minimum of seven feet of vertical clearance and be entirely supported by the cart. P. Temporary awnings or membranes may be used for weather protection over seating areas, provided they are: 1. 200 square feet or less in area, 2. 15 feet in height or less, as measured to the highest point, and 3. Adequately anchored to prevent windthrow. Q. Accessory structures such as covered seating areas must meet the minimum setback standards that apply to a new nonresidential building in the base zone in which it is located. R. Temporary storage containers are prohibited on the property. All storage must be located in permanent buildings and structures. S. Any associated signs must meet the regulations for the base zone as provided in Chapter 18.435, Signs. T. Off-street parking areas must meet the applicable provisions of Chapter 18.410, Off-Street Parking and Loading. U. The food cart pod must meet all other applicable standards of this Title. Commentary General Notes Text shown in strikethrough is to be removed. Text shown in bold, italic, and underlined is to be added. CHAPTER 18.440 Temporary Uses 18.440.010 Purpose The purpose of this chapter is to establish standards for the approval of temporary uses. 18.440.020. Applicability. A. Applicability. This chapter applies to all types of temporary uses listed in Section 18.440.030, unless they are exempt in Subsection 18.440.020.B or C. B. Temporary uses allowed. The following temporary uses are allowed without a temporary use permit: 1. Seasonal and special events conducted exclusively by and for the benefit of a Tigard- based nonprofit organization; 2. Temporary shelter, as an accessory use to a Religious Institution use or a Social/ Fraternal Clubs/Lodges use, where the following are met: a. No more than 20 people are provided shelter at a time, b. Each stay does not exceed 30 days, and c. Temporary shelter is not provided on the property more than 90 total days in a year. 3. Garage sales; 4. Temporary construction offices in conjunction with the initial development of residential, commercial or industrial property (three or more dwelling units or lots); or 5. Seasonal and special events located entirely within the PR zone, public right- of-way, or city-owned property provided the use has received a special event permit pursuant to Tigard Municipal Code Chapter 7.48. C. Emergency situations. The director may waive any of the requirements in this chapter or request additional information in compliance with Chapter 18.710, Land Use Review Procedures, for cases that involve destruction of an existing structure due to fire, natural causes, or other circumstances that are beyond the control of the applicant. An emergency as allowed by this subsection does not include failure by the applicant to submit a temporary use request as provided in this chapter. 18.440.030. Types of Temporary Uses. A. Seasonal or special event. This type of temporary use is a use that by its nature will last less than one year. Examples of this type of use are those associated with the sale of goods for a specific holiday, activity, or celebration, uses associated with construction, or seasonal use. This type of use does not apply to businesses seeking a temporary or interim location. These types of temporary uses include: 1. Use associated with the celebration of a specific holiday such as the sale of Christmas trees and fireworks; 2. Use associated with the sale of fresh fruits, produce, and flowers, including seasonal markets by a chartered public service or non-profit organization that may offer additional products and services as provided in the organization's "market rules and policies" such as landscaping plants, prepared food, animal products, and art or handcrafts assembled by the vendor; 3. Use associated with festivals or celebrations or special events; 4. Seasonal activities such as the sale of food at sports events or activities; 5. Use associated with construction such as the storage of equipment during the construction of roads or development, but not a temporary sales office or model home as provided by this chapter; and 6. Temporary fund raising and other civic activities in commercial zones. B. Unforeseen or emergency situations. This type of temporary use is a use that is needed because of an unforeseen event such as fire, windstorm, flood, unexpected health or economic hardship, or due to an eviction resulting from condemnation or other proceedings. Examples of this type of temporary use include: 1. A mobile home or other temporary structure for a residential purpose in a residential zone; 2. A mobile home or other temporary structure for a business purpose in a commercial or industrial zone; and 3. Use of an existing dwelling or mobile or manufactured home during the construction period of a new dwelling unit on the same lot. C. Temporary sales office or model home. This type of use includes a temporary sales office or offices either in a dwelling unit or in another temporary building for the purpose of facilitating the sale of real property in any subdivision or property within this city. This includes the use of one dwelling unit in a subdivision as a "model home" for purposes of showing prospective buyers. D. Temporary use in commercial and industrial zones. This type of temporary use includes a temporary trailer or prefabricated building for use on any commercially or industrially zoned property within the city as a temporary commercial or industrial office or space associated with the primary use on the property. E. Food carts. This type of temporary use includes up to three food carts. 18.440.040. Approval Process. A. Approval process. Temporary use applications are processed through a Type I procedure, as provided in Section 18.710.050. B. Approval period. An approval for a temporary use is valid for a period of one year unless otherwise stipulated by the approval. Approvals for food carts as a temporary use are valid indefinitely. C. Expiration. An approval for the temporary use will expire if: 1. Substantial construction of the approved plan or onset of the approved activity has not begun within the approval period; and 2. Construction or activity on the site is a departure from the approved plan. 18.440.050. Approval Criteria. A. Seasonal and special events. The approval authority will approve or approve with conditions seasonal and special events when all of the following are met: 1. The use occurs only once in a calendar year and for no longer a period than 30 consecutive days, except as provided in Paragraph 18.440.050.A.6; 2. The use is allowed in the applicable base zone; 3. The applicant has proof of the property owner's permission to place the use on the property; 4. There will be no parking utilized by the customers and employees of the temporary use that is required to meet the minimum parking requirements for the other uses on the property, as required by Chapter 18.410, Off-Street Parking and Loading; 5. The use will provide adequate vision clearance, as required by Chapter 18.930, Vision Clearance Areas, and not obstruct pedestrian access on public rights-of-way; and 6. Seasonal markets are allowed in the C-G and MU-CBD zones and may operate from April through October. The applicant must provide "market rules and policies" for city approval, which are consistent with the seasonal market use description in Paragraph 18.440.030.A.2 and will be observed for the duration of the permit. Market rules and policies must include hours of operation, location, product guidelines, vendor obligations, vehicle loading or unloading, and any other applicable policies guiding the operation of the market. The city may also consider the following criteria: a. Provide documentation demonstrating adequate and safe ingress and egress exist when combined with the other uses of the property, in compliance with Chapter 18.920, Access, Egress, and Circulation; b. Provide documentation demonstrating the use will not create a traffic hazard, including coordination with ODOT if applicable; c. Provide documentation that the use will not create adverse off-site impacts related to noise, odors, vibrations, glare, or lights that would be greater than otherwise allowed by uses allowed in the base zone; and d. Signs are allowed as provided in Chapter 18.435, Signs; however, temporary signs may be approved for a period of time to correspond with the duration of the seasonal market use. B. Unforeseen or emergency situations. The approval authority will approve or approve with conditions unforeseen or emergency situations when all of the following are met: 1. The need for the use is the direct result of a casualty loss such as fire, wind storm, flood, or other severe damage by the elements to a pre-existing structure or facility previously occupied by the applicant on the premises for which the permit is sought; or 2. The use of a mobile or manufactured home on a lot with an existing dwelling unit is necessary to provide adequate and immediate health care for a relative who needs close attention who would otherwise be required to receive needed attention from a hospital or care facility; or 3. The applicant has been evicted within 60 days of the date of the application from a pre- existing occupancy of the premises for which the permit is sought as a result of condemnation proceedings by a public authority, or eviction by abatement of nuisance proceedings, or by determination of a public body or court having jurisdiction that the continued occupancy of the facilities previously occupied constitutes a nuisance or is unsafe for continued use; or 4. There has been a loss of leasehold occupancy rights by the applicant due to unforeseeable circumstances or other hardship beyond the foresight and control of the applicant; and 5. There exists adequate and safe ingress and egress when combined with the other uses of the property, as required by Chapter 18.920, Access, Egress and Circulation, and Chapter 18.930, Vision Clearance Areas; and 6. There exists adequate parking for the customers of the temporary use as required by Chapter 18.410, Off-Street Parking and Loading; and 7. The use will not result in congestion on adjacent streets; and 8. The use will pose no hazard to pedestrians in the area of the use; and 9. The use will not create adverse off-site impacts including noise, odors, vibrations, glare, or lights that will affect adjoining uses in a manner that other uses allowed in the base zone would not affect adjoining uses; and 10. The use can be adequately served by sewer or septic system and water, if applicable. C. Temporary sales office or model home. The approval authority will approve or approve with conditions a temporary sales office or model home when all of the following are met: 1. Temporary sales office. a. The temporary sales office must be located within the boundaries of the subdivision or property in which the real property is to be sold; and b. Sales offices approved through the provision of this chapter may not be permanent. 2. Model home. a. The model home must be located within the boundaries of the subdivision or property where the real property to be sold is situated; and b. The property to be used for a model house must be a permanently designed dwelling unit. D. Temporary use in commercial and industrial zones. The approval authority will approve or approve with conditions a temporary trailer or prefabricated building when all of the following are met: 1. The temporary trailer must be located within the boundaries of the property on which it is located; 2. The property to be used for a temporary trailer must already be developed; 3. There exists adequate and safe ingress and egress when combined with the other uses of the property; as required by Chapter 18.920, Access, Egress, and Circulation, and Chapter 18.930, Vision Clearance Areas; 4. There exists adequate parking for the customers or users of the temporary use as required by Chapter 18.410, Off-Street Parking and Loading; 5. The use will not result in congestion on adjacent streets; 6. The use will pose no hazard to pedestrians in the area of the use; 7. The use will not create adverse off-site impacts including noise, odors, vibrations, glare, or lights that will affect the adjoining uses in a manner that other uses allowed in the base zone would not affect the adjoining uses; 8. The use can be adequately served by sewer or septic system and water, if applicable; and 9. The length of time that the temporary building will be used is the maximum needed to address the hardship. 1. The cart is located on a property with an existing nonresidential use. 2. The cart meets the minimum setback standards for a building in the base zone in which it is located. is located. Chapter 18.435, Signs. 5. The addition of the proposed cart to the proposed location will not result in more than three food carts being present on that property. 6. The following design requirements are met: a. The cart has whccls and the wheels remain permanently attached and functional. b. If there are permanent utilities located on site, the cart has only temporary connections to such utilities and the connections may be easily removed at any time. c. Any canopies, awnings, or other attachments on the cart are entirely CHAPTER 18.7505 Historic Resources 18.7505.010. Purpose. The purpose of this chapter is to: A. Facilitate the protection, enhancement, and perpetuation of historic resources that represent or reflect elements of the city's cultural, social, economic, political, and architectural history; B. Enhance any registered historic or cultural resources designated in the city; C. Stabilize and improve property values; D. Strengthen the economy of the city; E. Promote the use of historic resources for the education, pleasure, energy conservation, housing, and public welfare of the city; and F. Implement the applicable provisions of Oregon Department of Land Conservation and Development Goal 5 and the City of Tigard Comprehensive Plan. (Ord. 17-22 §2) 18.7505.020. Applicability. A. Designated areas. The Historic Resource Overlay zone applies to the following sites and areas: 1. Historic sites and areas; 2. Cultural sites and areas; and 3. Landmarks. B. Designated activities. The provisions of this chapter apply to: 1. The designation of Historic Resource Overlay zones, 2. The removal of Historic Resource Overlay zones, 3. The demolition of structures within a Historic Resource Overlay zone, and 4. The exterior alteration of structures or new construction within a Historic Resource Overlay zone. (Ord. 17-22 §2; Ord. 18-23 §2; Ord. 18-28 §1) 18.7505.030. General Provisions. A. Approval of exterior alterations. Exterior alterations of any structure in a Historic Resource Overlay zone or construction of any new structure in a Historic Resource Overlay zone without approval is prohibited, except as provided in Subsections 18.7585.040.0 and D, respectively. B. Approval of demolition. Demolition of a structure located within a Historic Resource Overlay zone without approval under the provisions of this chapter is prohibited. C. Exemptions. 1. Exterior remodeling, as governed by this chapter, includes any change or alteration in design or other exterior treatment excluding painting; 2. Nothing in this chapter prevents the ordinary maintenance or repair of any architectural features that does not involve a change in design, material, or the outward appearance of such feature, which the building official must certify is required for the public safety because of its unsafe or dangerous condition. D. Condition of approval. If any alteration or demolition of a historic resource is approved through the provisions of this chapter, a condition of approval must be applied that allows the Washington County Museum to obtain: 1. A pictorial and graphic history of the resource; and 2. Artifacts from the resource it deems worthy of preservation. (Ord. 17-22 §2; Ord. 18-23 §2; Ord. 18-28 §1) 18.7505.040. Approval Process and Approval Criteria. A. Criteria for Historic Resource Overlay zone designation. 1. An application for a Historic Resource Overlay zone designation is processed through a Type III-PC procedure, as provided in Section 18.710.080. The approval authority will approve the application when any of the following are met: a. The proposed site or area would serve the purpose of the Historic Resource Overlay zone as stated in Section 18.7595.010; b. The site or area proposed for the designation reflects the broad cultural or natural history of the community, state, or nation; c. The site or area is identified with historic personages, or with important events in national, state, or local history; d. The site or area proposed for the designation embodies the distinguishing characteristics of an architectural specimen inherently valuable for a study of a period, style, or method of construction; or e. The proposed site or area is a notable work of a master builder, designer, or architect. 2. The age of a specific building is not sufficient in itself to warrant designation as historic. B. Criteria for removal of Historic Resource Overlay zone designation. An application for removal of a Historic Resource Overlay zone designation is processed through a Type III-PC procedure, as provided in Section 18.710.080. The approval authority will approve the application when any of the following are met: 1. The original Historic Resource Overlay zone designation was placed on the site in error; 2. The resource designated with the Historic Resource Overlay zone designation has ceased to exist; 3. The resource designated with the Historic Resource Overlay zone designation is no longer of significance to the public; or 4. The Historic Resource Overlay zone designation is causing the property owner to bear an unfair economic burden to maintain the property as a historic or cultural resource. C. Criteria for exterior alterations. An application for exterior alterations of structures in a Historic Resource Overlay zone is processed through a Type II procedure, as provided in Section 18.710.060. The approval authority will approve or approve with conditions the application when all of the following are met: 1. The purpose of the Historic Resource Overlay zone provided in Section 18.7505.010; 2. The economic use of the structure in a Historic Resource Overlay zone and the reasonableness of the proposed alteration and their relationship to the public interest in the structure's or landmark's preservation or renovation; 3. The value and significance of the structure or landmark in a Historic Resource Overlay zone; 4. The physical condition of the structure or landmark in a Historic Resource Overlay zone; and 5. The general compatibility of exterior design, arrangement, proportion, detail, scale, color, texture, and materials proposed to be used with an existing structure in a Historic Resource Overlay zone. D. Criteria for construction of new structures. An application for construction of new structures in a Historic Resource Overlay zone is processed through a Type II procedure, as provided in Section 18.710.060. The approval authority will approve or approve with conditions the application when all of the following are met: 1. The purpose of the Historic Resource Overlay zone as provided in Section 18.7505.010; 2. The economic effect of the new structure on the historic value of the Historic Resource Overlay zone; 3. The visual effect of the proposed new structure on the architectural character of the Historic Resource Overlay zone; and 4. The general compatibility of the exterior design, arrangement, proportion, detail, scale, color, texture and materials proposed to be used in the construction of the new structure. E. Criteria for demolition. An application for demolition of structures in a Historic Resource Overlay zone is processed through a Type II procedure, as provided in Section 18.710.060. The approval authority will approve or approve with conditions the application when all of the following are met: 1. The purpose of the Historic Resource Overlay zone as provided in Section 18.7505.010; 2. The criteria used in the original designation of the Historic Resource Overlay zone in which the property under consideration is situated; 3. The historical and architectural style, the general design, arrangement, materials of the structure in question, or its appurtenant fixtures; the relationship of such features to similar features of the other buildings within the Historic Resource Overlay zone; and the position of the building or structure in relation to public rights-of-way, and to other buildings and structures in the area; 4. The effects of the proposed work upon the protection, enhancement, perpetuation, and use of the Historic Resource Overlay zone that cause it to possess a special character or special historical or aesthetic interest or value; and 5. Whether denial of the permit will subject the city to potential liability, involve substantial hardship to the applicant, and whether issuance of the permit would act to the substantial detriment of the public welfare and would be contrary to the intent and purposes of this title. (Ord. 17-22 §2; Ord. 18-23 §2; Ord. 18-28 §1; Ord. 22-06 §2) Omnibus 18.10.060 Special Designations A. Overlay zones. The following overlays are established in the city: Table 18.10.2 Overlay Zones Overlay Zone Name Zone Abbreviation Regulating Chapter Historic Resource HR 18.7505 18.30.020 Definitions F. "F" Definitions. "Food cart" - A mobile vehicle fee-id-Gait from which food or beverages are served to walk-up customers, that is designed and licensed to be driven under its own power or pulled by another vehicle. A food cart may occupy the same property for an indefinite period of time through an approved food cart permit. An approved food cart is not considered a building as long as its wheels remain attached and operational and it meets the definition of a vehicle under ORS. "Food cart pod" - A food cart pod is a standalone use that consists of tFour or more mobile food carts and associated amenities on the same site. "Food truck"-A mobile vehicle, from which food or beverages are served to walk-up customers, that is designed an licensed to be drive under its own power or pulled by another vehicle. A food truck does not occupy the same property for more than 12 hours in any 24-hour period, or more than 7 days in any one-month period. 18.660.030 General Provisions. C. To the extent that the provisions in the following chapters do not conflict with this chapter, the following chapters in this title apply concurrently: 5. Historic resource designations and alterations as provided in Chapter 18.7595, Historic Resources. 18.670.030 Applicability. 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II , ■r.�1. 1i' ¢ ., �� 1111 �r 1Nm fD vrrn cr 4z 1■ . m 18.710.020 Summary of Land Use Applications Table 18.710.1 Summary of Land Use Applications Applicable Abbreviation Land Use Application Type Section Review Type MIS Adequate Public Facilities Exception (inside 18.640 II River Terrace) Adjustment - Inside River Terrace Plan District 18.640 ADJ - Inside Downtown Tigard Plan District 18.650 II - Inside TMU zone 18.660 - Citywide 18.715 ZCA Annexation 18.720 III-Modified, Legislative (N/A) Appeal 18.710 III-various CPA Comprehensive Plan Map Amendment 18.790 III-Modified, Legislative CPA Comprehensive Plan Text Amendment 18.790 Legislative CUP Conditional Use 18.740 III-HO DCA Development Code Text Amendment 18.790 Legislative DIR Director Determination 18.730 I DDR Downtown-Development Design Review 18.650 I, II (N/A) Extension 18.745 I, II FDC Food Cart 18.750 11 POD Food Cart Pod 18.750 11 MIS Historic Resource Designation or Alteration 18.7505 II, Ill-PC HOP Home Occupation Permit 18.760 I, II MLP Land Partition 18.820 II LLA Lot Line Adjustment or Lot Consolidation 18.810 MAR Marijuana Facility Permit 18.430 I Modification MMD - Minor 18.765 I - Major II PDR Planned Development 18.770 11, 11I-PC SLR Sensitive Lands Review 18.510 I, II, III-HO SGN Sign Permit 18.435 SDR Site Development Review 18.780 I, II SUB Subdivision 18.830 II SBP Sublot Plat 18.840 II-Modified TUP Temporary Use Permit 18.440 I MIS Transportation Mitigation (inside TMU 18.660 II zone) UFR Urban Forestry Plan Modification or 18.420 I, Ill-HO, Ill-PC Discretionary Review Zoning Map Amendment ZON -Quasi-Judicial (site specific) 18.790 III-PC, - Legislative (citywide) III-Modified, Legislative 18.710.030 General Provisions. A. Pre-application conferences. A pre-application conference is required for all Type II and Type Ill applications, except for Home Occupations, Extensions, Food Carts, and Complex Tree Removals. The Director may waive the requirement for a pre-application conference. Legislative actions are exempt from a pre-application conference. *Amendment* Chapter 18.750 Food Carts 18.750.010 Purpose The purpose of this chapter is to provide an approval process and standards for food carts and food cart pods as a means to: A. Provide entrepreneurial opportunities; B. Encourage a variety of eating and drinking establishments to serve the Tigard community; C. Activate neighborhoods and street frontages with pedestrian-friendly amenities; D. Encourage the use of underutilized parking areas; E. Ensure proper design and installation to protect public infrastructure; and F. Protect public health, safety, and welfare. 18.750.020 Applicability A. Applicability. The provisions of this chapter apply to existing food carts and food cart pods, the siting of new food carts on private property, and the development of new food cart pods. B. Nonconforming Circumstances. 1. A food cart that was established prior to January 31, 2025 may continue to operate provided it meets all of the following: a. Indoor Sales and Service uses are allowed in the base zone where the food cart is located and operating; b. The food cart is located on a paved surface; c. The food cart is not connected to permanent utilities; d. The food cart has not moved from the site where it was legally established; and e. The food cart has an adequate means of collecting and containing fats, oils, and grease prior to wastewater discharge. 2. A food cart pod that was established prior to January 31, 2025 may continue to operate provided it meets all of the following: a. Indoor Sales and Service uses are allowed in the base zone where the food cart pod is located and operating; b. All food carts included in the food cart pod are located on paved surfaces; c. The food cart pod has not increased the total number of carts or cart stalls after January 31, 2025; d. The food cart pod has been in continuous operation with no interruption of operations of more than 30 days; and e. The food cart pod has an adequate means of collecting and containing fats, oils, and grease prior to wastewater discharge. C. Exemptions. The provisions of this chapter do not apply to temporary food truck uses. 18.750.030 General Provisions A. Food carts and food cart pods must maintain an active Tigard business license. B. Food carts must be inspected and licensed by the Washington County Environmental Health department. C. Waste containers must be provided and be maintained in sanitary condition. D. All cords, hoses, pipes, cables, and similar items serving food carts must be located and protected in a manner that does not create a tripping hazard. Where these items must be located in pedestrian areas, they must be adequately protected and marked. E. Each new food cart on a property is required to obtain an approval under the provisions of this chapter prior to operation except that food carts located within an approved food cart pod are exempt from individual approvals. F. Drive-through services are prohibited for food carts and food cart pods. 18.750.040 Approval Process A. Food cart. A food cart application is processed through a Type II procedure as provided in Section 18.710.060. B. Food cart pod. A food cart pod application is processed through a Type II procedure as provided in Section 18.710.060. C. Modifications. Modifications to approved food carts and food cart pods require a new approval under the provisions of this chapter, except that the changing of food carts in approved food carts pods are allowed provided the carts are located in an approved and marked stall. 18.750.050 Approval Criteria A. The approval authority will approve or approve with conditions a food cart application when all of the standards of 18.750.060 are met. B. The approval authority will approve or approve with conditions a food cart pod application when all of the standards of 18.750.070 are met. 18.750.060 Food Cart Standards A. The addition of the food cart must not result in more than three food carts being present on the subject property. B. The food cart must be located on a property with an existing legal nonresidential use. C. The entire footprint of the food cart must be located on a paved surface. D. The food cart must meet a minimum six-foot setback from any street property line. E. The food cart must meet the minimum setback standards along all other property lines that apply to a new nonresidential building in the base zone in which it is located. Where a property is adjacent a residential zone, the food cart must meet a minimum 20- foot setback. F. The food cart must be separated from any other food cart or building on the property by a minimum of 5 feet. G. The food cart must not obstruct or otherwise make unsafe any areas designed for pedestrian or vehicle movement to, from, or through the property on which the food cart is located. H. The food cart must not be located within any public access or utility easement. I. The food cart service window must be oriented such that customer queueing areas do not extend into vehicle maneuvering areas, pedestrian paths, or public rights-of-way. J. The food cart must have wheels and the wheels must remain permanently attached and functional. K. If there are permanent utilities located on the property, hardwired connections between the food cart and the utilities are prohibited. Any connection to utilities must be temporary and capable of being easily and safely disconnected. L. The food cart must include adequate means for the collection and removal of fats, oils, and grease. M. Any canopies, awnings, or other attachments to the food cart must maintain a minimum of seven feet of vertical clearance, be entirely supported by the cart, and must be fully collapsed when the food cart is not in operation. N. Food carts are prohibited in any required vision clearance area, as provided in Chapter 18.930 Vision Clearance Areas. 0. Any associated signs must meet the regulations for the base zone as provided in Chapter 18.435, Signs. 18.750.070 Food Cart Pod Standards A. The food cart pod must be located in a base zone that allows Indoor Sales and Services uses. B. The food cart pod must include at least one permanent building on the property that provides public restrooms. C. Any new building of more than 800 square feet must meet the minimum and maximum setback standards for the base zone. D. The food cart pod must not include more than 20 food cart stalls. E. Each food cart stall must be a maximum of 375 square feet and contain no more than one food cart. F. All food cart stalls must be located on paved areas and all stall locations must be demarcated on the pavement in a permanent manner. G. All food cart stalls must meet a minimum six-foot setback along all street property lines. H. All food cart stalls must meet the minimum setback standards along all other property lines that apply to a new nonresidential building in the base zone in which it is located. Where a property is adjacent to a residential zone, the food cart stall must meet a minimum 20-foot setback. I. All food cart stalls must be separated from other stalls by a minimum of five feet. J. The food cart pod must include centralized on-site facilities for the collection and removal of fats, oils, and grease, as approved by the City Engineer. K. Utility connections, including electricity, potable water, and water disposal must be provided at each stall in the form of temporary connection assemblies, such as those used in recreational vehicle parks. Permanent utility connections to carts are not allowed. Water disposal connections must be connected to the required centralized fats, oils, and grease management system. L. The site must be arranged and demarcated in a manner to ensure that food cart stalls do not obstruct or otherwise make unsafe any areas designed for pedestrian or vehicle movement to, from, or through the property. M. All food cart stalls and any associated temporary or permanent structures must not be located within any public access or utility easement. N. All food cart service windows must be oriented such that customer queueing areas do not extend into vehicle maneuvering areas, pedestrian paths, or public rights-of-way. 0. Any canopies, awnings, or other attachments to any food cart must maintain a minimum of seven feet of vertical clearance and be entirely supported by the cart. P. Temporary awnings or membranes may be used for weather protection over seating areas, provided they are: 1. 200 square feet or less in area, 2. 15 feet in height or less, as measured to the highest point, and 3. Adequately anchored to prevent windthrow. Q. Accessory structures such as covered seating areas must meet the minimum setback standards that apply to a new nonresidential building in the base zone in which it is located. R. Temporary storage containers are prohibited on the property. All storage must be located in permanent buildings and structures. S. Any associated signs must meet the regulations for the base zone as provided in Chapter 18.435, Signs. T. Off-street parking areas must meet the applicable provisions of Chapter 18.410, Off-Street Parking and Loading. U. The food cart pod must meet all other applicable standards of this Title.