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Council approves special-use permit allowing single food truck at 201 South Avenue

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Summary

Harrisonburg City Council voted 5-0 to permit one food truck at 201 South Avenue under conditions that require entrance widening, closure of a second entrance, correct electrical permitting and landscaping; owners have up to 120 days to comply.

Harrisonburg City Council on July 8 approved a special-use permit to allow a single food truck to operate at 201 South Avenue, a roughly 5,700-square-foot parcel at the corner of South High Street and South Avenue, with several site-improvement conditions attached.

City Director of Community Development Adam Fletcher told council the property is zoned M-1 and staff had first become aware this spring when a mobile food truck began operating without required permits and had constructed a platform without proper building permits. Fletcher said staff and the applicant have worked to bring the site into compliance and that the special-use permit is the route the owner chose rather than a rezoning.

The permit is limited to one food truck and carries conditions the council adopted from staff and the Planning Commission: widen the South Avenue entrance to the Design and Construction Standards Manual (DCSM) commercial standard (30 feet); permanently close and rebuild the curb and gutter along the South High Street entrance; obtain the correct electrical permit tied to the property; meet landscaping requirements for any on-site parking; and cease operations if conditions are not met within the allowed timeframe. Planning Commission amended staff’s recommended enforcement timeline so the Zoning Administrator may grant a single 60‑day extension for diligent progress, giving up to 120 days total to complete requirements before operations must stop.

Property owner Billy Martinez told council the food truck is intended as a permanent operation on the site and described the vendor’s offerings as “central and Mexican” cuisine (pupusas, tacos and panesas). He said the owners want to widen the South Avenue entrance first and then complete the rest of the site work. Fletcher noted staff prefers use of South Avenue for vehicle access because South High Street is busier and the existing South High entrance is too close to the intersection and has a problematic grade change.

Council members questioned whether patrons could eat on-site and whether sheltered seating would trigger building-code requirements; staff said food-truck operations on wheels are treated differently than a building, but providing sheltered eating spaces (for example a carport) can create a structure that triggers the building code and associated plumbing and other requirements. Staff also confirmed the city does not require off-street parking for food trucks but any parking provided must meet landscaping standards.

Council voted 5-0 in favor of the special-use permit with the conditions recommended by staff and Planning Commission. Councilmember Robinson, Councilmember Al Saddoon, Councilmember Dent and Vice Mayor Fleming voted aye during roll call. The permit includes the 60-day compliance deadline with one possible 60-day extension at the zoning administrator’s discretion.