Planning commission recommends council reject mobile-food-unit ordinance, citing lack of grandfathering and broad restrictions

The Mount Airy Planning Commission voted unanimously on April 7 to recommend that the town council not adopt draft Ordinance 2026‑1 (mobile food units) in its current form, after public testimony from local operators and extended commission discussion.

Anthony DeGanji, owner of Walker’s on Main, asked the commission to insist council add explicit grandfathering language protecting existing mobile‑food operations that were lawfully operating before the ordinance’s effective date. "If that is truly the town's intent, it needs to be stated directly in the ordinance," DeGanji said.

Commissioners raised multiple concerns during deliberations: whether a required traffic‑safety and operations plan could be unreasonably burdensome; a downtown provision that would effectively force permanent or semi‑permanent mobile units to undergo full site-plan review; a proposed 500‑foot distance restriction from restaurants (subject to permission) that would give private businesses control over new vendors; and a 100‑foot buffer from residences that could prevent neighborhood events. Commissioner O'Malley asked, "Why are they doing this and how in-depth would they do that for a food truck? That could be a three‑page plan." Several commissioners also asked for clear motor‑vehicle and liability language on town permits and for explicit grandfathering provisions for existing vendors.

The commission’s unfavorable recommendation will be transmitted to the council with a memorandum listing the commission’s substantive comments. The chair asked staff to compile the commissioners’ written points for the council packet.