Mobile market plan meets zoning obstacle

Back in 2012, Chef Barry Francois had an idea for a new business – a mobile farmers market that would take fresh fruits and vegetables to Charlotte neighborhoods without grocery stores. The idea, pitched as a way to encourage entrepreneurship while providing fresh produce to “food deserts” and other economically distressed areas, won him $12,500 in seed money at the 2012 SHAPE Charlotte business contest, sponsored by the World Economic Forum. But 17 months later, the first Queen City Mobile Market truck has yet to hit the road. The main obstacle: The city’s zoning ordinance limits when, where and for how long mobile vendors can set up shop.

Under the current ordinance, farmers markets and produce stands are allowed in most nonresidential, mixed-use and urban districts. The city allows some produce stands in residential areas, but only as “accessory uses” to a church or other institution. Owners of those stands are also limited to 90 days of operation each year. The ordinances for food trucks and other mobile food vending business are also restrictive.

At a March 17 public hearing, during which no members of the public spoke, the Charlotte City Council and planning staff grappled with amending the ordinance to allow these mobile farmers markets to operate year round. The staff’s proposed ordinance would still restrict the mobile markets to accessory uses – that is, parked in a school or church lot – in many residential areas. The food must be displayed in an enclosed area, such as a van, box truck or bus and not, for example, the bed of a pickup truck. The mobile markets could operate in up to three locations for each permit.

Some city council members said the proposed ordinance was still too complex.

“The whole idea was for some entrepreneur to be able to start a mobile grocery store for a lot of our seniors and other residents who can’t make it to the store,” Mayor Pro-Tem Michael Barnes said. “It’s (the proposed ordinance) so technical and so structured that it defeats the purpose. If someone’s willing to take a risk as an entrepreneur to do this it could really help a lot of people.”

The markets would not be limited to so-called “food deserts” – areas with limited access to supermarkets – or economically distressed areas, said District 3 Representative LaWana Mayfield, who initially asked city staff to look into the amendment last year. Some council members questioned whether the ordinance would require high start-up costs, which could drive prices higher and discourage market operators from setting up in low-income areas, which are more likely to be food deserts.

“How do we balance protections so that (market operators) have the goals that we have in mind and not require something that requires thousands of dollars to do?” asked council member Vi Lyles.

City Attorney Bob Hagemann said he was skeptical the city could use zoning ordinances to regulate the price of foods sold at the market.

The markets would not be restricted to fresh fruits and vegetables, and some packaged items, but could not sell meat, dairy or any other items that would require health department inspections.

“How do we ensure that the quality of food isn’t different between different neighborhoods?” District 2 Representative Al Austin asked. “I’m very much on board (with providing fruits and vegetables) but I would be very concerned about quality.”

City planning staff will revise the proposal, and the Planning Commission’s Zoning Committee will re-consider it May 5.

Francois could not be reached for comment.