What do a clown, a Christmas tree and a food cart have in common? They all fall under the same Gresham city codes.

Temporary-use permits apply to things such as carnivals, fireworks and farm stands. Currently food carts are covered under the “temporary uses” section of the city code. According to the city, a rise in food cart popularity has exposed issues in the code.

Now the city is seeking to create food cart specific regulations. In addition, officials plan to update the temporary-uses code. Associate Planner Brian Martin said that at this point they’re not sure if the end result will be two codes or just one updated code.

City officials held a community forum Wednesday, July 11, at Gresham City Hall to discuss both projects.

The goal of the meeting was to expose and discuss what issues the city should be looking at. No decisions were made. In fact, final changes to regulations won’t occur until August 2013, Martin said.

Martin discussed food carts. Senior Planner Jim Wheeler discussed temporary use permits.

The audience broke out into laughter when Martin divided the list of things he was going to talk about with what Wheeler would. Wheeler’s coverage included farms stands, carnivals, fireworks and seven other items. Martin’s: food carts.

Joked a crowd member, “We know who made that list.”

Jesting aside, Martin told the crowd of 18 business owners, neighborhood association members and concerned citizens, “We need your help figuring this out.”

Food carts

As it stands now, “commercial stands” can be approved for 180 days, or an entire year with a process that includes public notice. Permits can be renewed indefinitely.

The main requirement is that a stand must not be permanently fixed to the site — it must have the ability to roll away.

Martin estimates Gresham has a little fewer than 20 food carts. Issues discussed at the forum included questions of when, where, why, how, compliance and appearance. It was the latter that sparked the most debate.

“We don’t want to be unfairly held to standards others are not,” said Curt Hugo, who owns five Dutch Bros. coffee stands. He pointed out there are several rundown buildings throughout town. He also said that if restaurants don’t have appearance regulations, then food carts shouldn’t either.

Pat Meyer, owner of Mita’s Italian Ice, said businesses that look shoddy often will fold on their own. “They’re self-defeating,” she said.

Another issue that evoked strong reactions was regulating hours food carts could be open.

“If (the) community can sustain a cart until 1 a.m., then we should let it,” said Gresham resident Ebonie Johnson.

Several food cart owners, including Hugo and John Cartisser of Best Burger, agreed that if bars were allowed to be open and rowdy until 2 a.m., so should food carts, especially because they believe they draw a smaller, quieter crowd.

Temporary uses

Apart from food carts, temporary-use permits apply to an array of businesses. The city is reconsidering how long it is appropriate for businesses to have permits and if they should be allowed to renew them.

In addition, the question of location has been raised. Should vendors be allowed in church parking lots that are in residential areas? Or in school parking lots?

Meeting attendees also wondered if old structures would be grandfathered in. Hugo compared the situation to house buying, saying that when new regulations are passed, old houses are not required to make changes. Jim Wheeler agreed this is an issue that needs to be considered.

Kickoff

Martin said the meeting was a “great kickoff.” He said he heard a great mix of viewpoints. For now, Wheeler and Martin are seeking input. Gresham residents can take part in a survey regarding the projects at www.bitly.com/COGtemp. More information on the projects is also available on the website.