Zoning Change Would Make it Easier For Food Trucks to Operate at ‘Conditional Use’ Properties

County Council members will introduce measure Tuesday

A change in zoning rules proposed by five County Council members could save food trucks more than $1,500 in fees for setting up at certain properties around the county.

The zoning text amendment, sponsored by council President Nancy Floreen and co-sponsored by council members Hans Riemer, George Leventhal, Sidney Katz and Roger Berliner, would allow food trucks to operate on properties with zoning exceptions without having to go through the added process of amending the zoning exception.

Properties are granted zoning exceptions, called “conditional uses,” when the property owner intends to use a site for something the property isn’t zoned for.

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Jon Rossler, owner of the well-known food truck the Corned Beef King, spent thousands in legal fees earlier this year to amend the conditional use granted for the Montgomery Square Copenhaver Swim Club on Falls Road in Rockville. Rossler began using the swim club’s parking lot last year, but county officials advised him he couldn’t use the spot after a neighbor filed several complaints.

Rossler eventually returned to the swim club in the spring with all legal hurdles cleared and the full support of the club.

Rossler said the legal process cost him “about 3,000 corned beef sandwiches.”

According to the zoning text amendment, which will be introduced at Tuesday’s council session, there are $1,500 in direct fees alone associated with filing for an amendment to a conditional use.

“That just seemed like a more demanding set of requirements than was necessary,” Floreen said. “Food trucks usually come for a while and leave. It’s not really a huge, permanent fixture. It doesn’t seem like it would disrupt the nature of the original special exception.”

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The county often grants conditional uses to properties such as gas stations, known as a good place to set up food trucks, but also to senior living communities, recreational facilities and a wide range of other uses.

The zoning text amendment would allow “business vehicles, such as food trucks” to operate without having to file for an amendment to the conditional use.

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