NK vendor fears zoning law proposal could close business

No exclamations of “Hot dog!” greeted a proposed set of minimum standards governing mobile food stands and other temporary land uses now under consideration by New Kent’s Planning Commission for incorporation into county zoning law.

In fact, the popular American frankfurter comprises the meat of a controversy that boiled over during the commission’s Feb. 19 public hearing on the proposed standards.

Bill Jennings, owner of Bill’s Hot Dogs, a mobile food stand in Providence Forge, fears that if the standards become law, he will be forced out of business. Jennings and several supporters voiced concerns during last week’s hearing.

“I’m in complete compliance with every rule and regulation,” Jennings told commission members. “If there’s a violation, I fix it Johnny-on-the-spot.

“I don’t know what else to do,” he said. “This has been a very, very, very depressing last two to three weeks, and I’ve lost a lot of sleep.”

Even though Jennings’ stand is on wheels, it has operated in the same location, next door to the This and That store on Route 60, for the past four years. Should the proposed standards be adopted, the hot dog vendor is not a candidate for grandfather protection since New Kent currently has no laws on its books relating to mobile food businesses.

The county’s Zoning Ordinance Rewrite Committee developed the set of standards now under consideration by the commission. Jennings’ operation apparently conflicts with at least three of seven standards pertaining to “pushcarts and mobile food units.”

The proposal would require mobile food operations to return to a “commissary” for servicing at least once a day. Jennings told the commission his food and supplies are delivered directly to his stand, thus he has no need for a commissary.

Also, the proposal would prohibit erecting permanent structures such as carports and sheds at a mobile food site. Jennings, meanwhile, has placed an open-sided, carport-like structure in front of his business to cover outdoor tables and serve as a shield from the weather for his customers.

Then, the proposal would prohibit signs erected at a mobile food site except those directly attached to the unit. Jennings has a freestanding sign placed close to Route 60.

County planning manager Rodney Hathaway told commission members that Jennings must comply either with the temporary standards or standards for permanent restaurants once the county has its zoning law in place.

New Kent officials’ stance prompted some of the public hearing speakers to accuse the county of being unfriendly toward business and out to target certain individuals. David Horsley, who owns the land occupied by Jennings’ stand, said the county’s proposal sends the wrong message to entrepreneurs who want to start a business from scratch. Chester “Chip” Alvis, meanwhile, labeled the county’s approach as ridiculous.

“I feel bad that people think we’re going after them,” commission member Brenda “Sam” Snyder said while recommending that county officials work to create a more uniform set of standards.

“We have to have it in place or we’ll have a mish-mash of development,” she added.

County Attorney Jeff Summers advised officials to create a “neutral” law to avoid running afoul of equal protection statutes. If issues arose in the future, he said, a prospective business owner could then approach the county for a variance.

Commission members voted unanimously to postpone making a recommendation to the county’s Board of Supervisors. The group directed county planning staff to study the proposed standards and explore ways to rewrite the proposal in the interim leading up to their March 17 meeting.

In addition to pushcarts and mobile food operations, the proposed standards cover carnivals, circuses, fairs, festivals, craft sales/shows, flea markets, truckload sales, and construction and business trailers/offices.