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.
(Ord. 25-01, 1/28/2025)
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.
(Ord. 25-01, 1/28/2025)
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.
(Ord. 25-01, 1/28/2025)
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.
(Ord. 25-01, 1/28/2025)
A. 
The approval authority will approve or approve with conditions a food cart application when all of the standards of Section 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 Section 18.750.070 are met.
(Ord. 25-01, 1/28/2025)
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 five 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.
O. 
Any associated signs must meet the regulations for the base zone as provided in Chapter 18.435, Signs.
(Ord. 25-01, 1/28/2025)
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.
O. 
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.
(Ord. 25-01, 1/28/2025)