Forsyth County › Unified Development Code

Chapter 8 — Zoning and Application Procedures, Article 11 — MOBILE VENDING APPLICATIONS

current as of 2026-04-02currency checked manuallyOfficialofficial source ↗4 sections · full chapter

§ 8-11.1

Purpose and Intent.

It is the intent of this article to specify provisions for the filing and consideration of applications to allow mobile vending activity on parcels of land permitted for such use as prescribed by this code. By requesting Planning Commission action regarding mobile vending activity, the applicant may be subject to additional conditions.

§ 8-11.2

When Required.

An application for consideration by the Planning Commission to allow mobile vending activities shall be required when any retail use, as provided by the definitions in Article II of Chapter 3 of this Code, is determined to be a mobile vending activity. No separate application shall be required if such use has been previously approved (or has been applied for) in conjunction with a related zoning application. If the mobile vending activity is included with a related zoning application, the Board of Commissioners may approve the mobile vending activity in conjunction with the zoning application. In doing so, the Board of Commissioners shall apply the considerations in 8-11.4(B)(3) below.

§ 8-11.3

Application Requirements.

All mobile vending applications shall provide the information as specified in this section. Any proposed mobile vending activity containing associated land use elements in conflict with other requirements of this Code shall, if otherwise subject to a variance, require an approved variance which may be heard simultaneously. A variance shall only be granted for the dimensional requirements of this Code.

(A)Requirements for All Applications. All applications to allow mobile vending activities on a parcel of land shall provide the appropriate information as specified in sections 8-2.1 (A) (B) (C) and (F) of this Chapter.

(1)Site Plan. All applications submitted to allow mobile vending activities shall include a drawing showing:

(a)A survey plat approved by the department;

(b)The location of all existing and proposed structures on the parcel with associated parking;

(c)The total area to be utilized for all mobile vending activities;

(d)Parking calculations for the proposed mobile vending area(s) and all other existing uses on the subject parcel.

(B)Disclosure of Campaign Contributions and Gifts to Public Officials. All mobile vending applications shall include disclosure, pursuant to the Forsyth County Code of Ethics (Forsyth County Resolution and Ordinance #77), of any campaign contributions or gifts equal to or greater than $100 given to any Forsyth County elected official within two years of the application filing date.

§ 8-11.4

Procedures.

All applications to allow mobile vending activities shall comply with the following procedures:

(A)Application for Board Consideration. Applicants shall submit to the department an Application for Board consideration. The submittal shall be in conformance with the provisions set forth in this article.

All applications determined complete by the department shall be subject to the following restrictions:

(1)Applicant Changes. No changes shall be allowed to any Application for Board consideration once it is determined complete by the department, except as specified by the director.

(2)Public Hearing Sign. The applicant shall be required to place the public hearing sign(s) on the subject property in accordance with section 8-3.3(C.1) of this Chapter. The applicant shall be required to obtain the sign from the department in accordance with department procedures.

(3)Scheduling of Public Hearing. The department shall forward the necessary information to advertise and schedule the application for a public hearing in accordance to the provisions in Article III of this Chapter, with specific adherence to section 8-3.3(B.1), (C.1) and (D).

(4)Staff Report. County staff shall review each Application for Board consideration in its entirety, compile a Staff Report, and submit all necessary information to the Planning Commission with sufficient time for review prior to the public hearing.

(B)Public Hearing. All mobile vending applications shall receive a public hearing before the Planning Commission in accordance with the provisions as set forth in Article III of this Chapter.

(1)Procedures for Hearing. Those in opposition and those in support of the mobile vending permit application shall have no less than ten (10) minutes per side to advance their respective positions.

Any additional time provided to one side shall be made equally available to the other. The Planning Commission is authorized to issue further procedural guidelines for the conduct of hearings regarding mobile vending permit applications so long as such guidelines are not inconsistent with this paragraph. Any procedural guidelines shall be available for distribution to the general public.

(2)Applicant Initiated Postponement. The applicant may request postponement of any public hearing for the application, and such postponement may be granted by the County, provided:

(a)Postponement is not requested more than two (2) times for any one application; and

(b)The total period of time requested for postponement does not exceed three (3) months; and

(c)The applicant agrees to pay for the costs of advertising the application for public hearing and agrees to post public notice signs on the property.

(3)Planning Commissioners Action on Mobile Vending Applications. All applications to allow mobile vending activities shall be scheduled for public hearing before the Planning Commission.

(4)General Considerations for Decision. The Planning Commission shall consider the following when determining whether to approve mobile vending activities:

(a)Whether the request will impose upon existing businesses excessive noise, excessive traffic, nuisance, fire hazard, and other possible adverse effects from the proposed mobile vending activities.

(b)Whether mobile vending uses can be beneficial to both the community as well as the owner of the subject property;

(c)Whether the nature of the proposed mobile vending activities pose a reasonable risk of expanding to such a degree that the use, value, viability and harmony of the existing business in the immediate area will be unduly impaired; and

(d)The county’s obligation to protect the integrity of its commercial and industrial areas from activities that detract from the established character of a community and may unduly burden nearby property owners and businesses.

(5)Planning Commission Determination. Decisions on mobile vending applications shall be documented in a written notification from the department.

Figure 8.4 Home Occupation and Mobile Vending Application Processes

Application f or Board Consideration Staff report & Public Notice provided Planning Commission Public Hearing and Decision Withdraw n w ith/without Approved Prejudice Denied w ith/without conditions ARTICLE XII, APPEAL OF ZONING DECISIONS: