Food Truck Court in Residential Zoning District

Re: Food Truck Court

Dear Honorable Mayor,

About the same time as the Art 180 Project controversy, “food trucks” began the widely publicized activity of selling products in the Virginia Historical Society parking lot. The property is zoned R-6 – Residential (Single Family Attached), which does not list the activity as an allowed use.

On April 24th I asked your administration to tell me what ordinance provision or other law allowed the activity. After two follow-up emails, I received a statement today from Mr. Olinger, your Director of Planning.

Mr. Olinger avoided answering my question. He merely stated that a city code section “discusses” such activity and imposes some rules.  The same chapter of the city code also “discusses” hotels, motels, massage therapy, boardinghouses, lodginghouses, roominghouse, tattooing, tattoo parlors, and food establishments. If Mr. Olinger is implying that the chapter allows food trucks in residential districts, then the other activities would seem to be allowed as well.

I think it is clear that the rules in the two chapters are cumulative. Without noting any exceptions for other chapters of the code, the zoning ordinance states:

No building or structure shall be erected, reconstructed, enlarged, structurally altered, converted or moved nor shall any land, building or structure be used or occupied except in conformity with all the regulations established by this chapter for the district in which such land, building or structure is located. Sec. 114-300. – Compliance with chapter.

Please tell me what ordinance provision or other law allows a “Food Truck Court” in the Virginia Historical Society facility parking area which is zoned R-6 – Residential (Single Family Attached).

Sincerely yours,

Attachments: Emails included below.

Copy: Council, Liaisons, Press.

—– Forwarded Message —–
From: “Olinger, Mark A. – PDR” <Mark.Olinger@Richmondgov.com>
Sent: Friday, May 11, 2012 8:13 AM

Food trucks are licensed mobile food operators, pursuant to City Code section 18-481, Peddlers. The Code discusses the selling of items from trucks on private property and on public streets. On private property, which the VHS is, it only specifies the hours a peddler can operate (prohibited between the hours of 11:30 PM and 7:00 AM), the minimum distance from a hospital or from a school or church during hours of instruction/service and identification, etc.

Mark A. Olinger, Director

Sent: Tuesday, April 24, 2012 5:59 AM
To: Olinger, Mark A. – PDR

Dear Mr. Olinger,

Will you please tell me what ordinance provision or other law allows a “Food Truck Court” in the Virginia Historical Society facility parking area which is zoned R-6 – Residential (Single Family Attached).

Thank you,