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HomeMy WebLinkAbout22 092 Refreshment Vehicle By-law Amendment (1) By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2022 – 092 BEING A BY-LAW TO AMEND BY-LAW NO. 2019 – 008; BEING A BY-LAW TO REGULATE REFRESHMENT VEHICLES WITHIN THE MUNICIPALITY OF KINCARDINE WHEREAS Section 8 (1) and 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provide that the powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality’s ability to respond to municipal issues and has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS the Council for the Corporation of the Municipality of Kincardine passed By-law 2019 – 008, to regulate refreshment vehicle within the Municipality; AND WHEREAS Council deems it advisable to amend By-law No. 2019 – 008 as outlined in Report Legislative Services-2022-16; NOW THEREFORE the Council for The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That Section 1.0 be amended to include the following as number 1.6 and the remaining numbers be amended accordingly: “food cart” shall mean a non-vehicle, non-motorized, self-contained wheeled unit for the cartage, storage and preparation of refreshments which is only used for the sale of such refreshments intended for the consumption of the general public including hotdog carts. The unit must be wholly self- contained (no water, electricity, or sewer). 2. That Section 1.11 be amended to include a food cart within the definition of a “Mobile Refreshment Vehicle”. 3. That Section 2.13 be repealed and replaced with: No person shall locate a refreshment vehicle within 3 metres of all buildings as defined in the Building Code Act, 1992, S.O. 1992, c. 23. 4. That Section 2.16 be repealed and replaced with 2.16 No person shall connect a refreshment vehicle directly to a Municipal utility source, including water and sewer and electrical outlets on Municipal property. 5. That the following section be added: 2.17 No person shall operate a refreshment vehicle which is motorized or a towable trailer, that is not roadworthy or plated in accordance with the Highway Traffic Act, R.S.O. 1190, c.H.,8. Page 2 of 3 Refreshment Vehicle By-law Amendment (1) By-law By-law No. 2022 – 092 6. That Section 3.10 be deleted and replaced with the following: 3.10 Located Refreshment Vehicle: 3.10.1 The property on which a Located Refreshment Vehicle is to be located shall be zoned Commercial or Industrial as set out in the current Zoning By-law with written permission from the property owner submitted with the application. 3.10.2 Every Located Refreshment Vehicle application shall include a site plan drawn to scale showing the proposed vehicle location, adjacent structures, entrance and exit from adjacent street(s), proposed additions to the vehicle, signs, the location and proposed temporary hook-up of all utilities and set back distances from the street, all as required by the provision of this by-law. 3.10.3 The Refreshment Vehicle shall be located at least three (3) metres from the front line of the property on which it is located or at the discretion of the Clerk. 3.10.4 No sign or advertising device may be displayed, except in accordance with the Sign By-law. Structural requirements 3.10.5 Maintain Mobility of Refreshment Vehicle: No owner, operator, or agent of a refreshment vehicle shall alter the interior or exterior of the vehicle in a manner which would prohibit it from being moved, whether propelled by a motor or by the application of force by a person or animal. Every Located Refreshment Vehicle shall be roadworthy and capable of being moved and driven or towed on a highway upon 24 hours-notice by a By-law Enforcement Officer. 3.10.6 All structures or additions to the Located Refreshment Vehicle site, including signs and structures designed to protect the public from the elements while being served at the servicing window, are subject to approval of the Chief Building Official and shall be shown on the approved plan required pursuant to Section 3.10.2. Such structures or additions shall: a. be designed and constructed in a neat and workmanlike fashion such that they do not detract from the general appearance of the site b. not inhibit the ability to move the vehicle upon notice; and c. the maximum area of all additions, in total, shall not exceed one third (1/3) of the area occupied by the Refreshment Vehicle itself. 3.10.7 Permanent electrical or other utility hook-ups are prohibited. Per Section 2.16 No person shall connect a refreshment vehicle directly to a Municipal utility source including water and sewer. Connection to a water and sewer source on private property are subject to the approval of the Chief Building Official. 3.10.8 Storage Areas: No owner, operator or agent of a refreshment vehicle shall permit the construction of a storage area for the Refreshment Vehicle that is: Page 3 of 3 Refreshment Vehicle By-law Amendment (1) By-law By-law No. 2022 – 092 a. 3.04 metres by 3.04 metres (10 feet by 10 feet) in size or more; or b. located within 3 meters of the refreshment vehicle in accordance with Section 2.13. 3.10.9 Patios and Decks: Any owner, operator or agent of a Refreshment Vehicle Business shall ensure that: a. Patios and decks constructed around any Refreshment Vehicle do not exceed 0.60m (2 feet) in height, 1.8m (6 feet) in depth or be longer than the refreshment vehicle. 3.10.10 Seating areas: No owner, operator or agent of a refreshment vehicle shall permit seating areas to encroach onto neighboring properties or municipally owned property. 3.10.11 Where a refreshment vehicle operated lawfully and was lawfully licensed immediately before by-law 2022 - took effect, the owner or operator shall be exempt from sections 3.10.6 and 3.10.9 provided they can provide proof satisfactory to the Clerk evidencing the structural alterations were in place prior to the passage of this by-law. 7. That the following section be added as Section 3.14: 3.14 Site Specific Located Refreshment Vehicles on Municipal Property 3.14.1 The Municipality may from time to time designate specific sites on municipal property where a located refreshment vehicle may operate by agreement. 3.13.3 3.14.2 Fees for operating a site-specific located refreshment vehicle shall be determined by agreement and are in addition to the required licensing fee. 3.14.3 Designated municipal sites will be made available annually using the municipality’s procurement process. 3.14.4 Refreshment Vehicles operating by agreement on municipal property are exempted from sections 2.16 and 3.10.1 of this by-law. 8. That this By-law shall come into full force and effect at the time of its passing. 9. That this By-law may be cited as the “Refreshment Vehicle By-law Amendment (1) By-law”. READ a FIRST and SECOND TIME this 9th day of May, 2022. READ a THIRD TIME and FINALLY PASSED this 9th day of May, 2022. Mayor Clerk