i. Serving Construction Sites or Model Homes. These standards shall not apply to mobile restaurants serving construction sites under the following standards:
1. Approved Site Plan or Subdivision . The site is undergoing construction in accordance with an approved valid site plan or subdivision plan and applicable building permit(s).
2. Serving Construction Workers . Such mobile restaurants shall vend to persons lawfully authorized to be on the construction site and not to the general public. All State and County health and food service permits shall be valid in order to serve construction sites.
3. Open House . Mobile restaurants may be utilized by a developer, builder and/or real estate agent in a residential zoning district in conjunction with a promotional event for a subdivision, development, or residential units.
ii . Commonly Owned Property in Residential Zoning Districts. In residential zoning districts, mobile restaurants are permitted on commonly owned property within a residential development in order to serve residents and guests at a neighborhood activity or function. G. Permission . The Land Development Ordinance shall not be construed to grant any right or license to mobile restaurant operators to operate on private or public property without permission. Mobile restaurant operators shall be required to have the express written permission of the property owner in order to operate on private property. Mobile restaurant operators shall be required to have written permission from the Town of Fuquay-Varina to operate on any property owned by the Town of Fuquay-Varina. Permission may be requested in writing to the Town Manager or their designee. Mobile restaurants may operate outside of the standard requirements for mobile restaurants when in compliance with the applicable procedures per §9-1255 Use Standards, p. Miscellaneous Uses, (10) Special Events.
(3)
Commercial Kitchen
A. Commercial Kitchen . A kitchen for use by a food truck (mobile restaurant), wholesale cooking, centralized operation, virtual kitchen, prep kitchen, delivery-only restaurant, or catering company. Commercial kitchens may be designed to host several businesses or be solo kitchens and shall be licensed by state and local health authorities, as applicable.
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