The purpose of these regulations is to establish criteria for the placement of food parks in the town. Food parks provide the community a wider choice of eating and drinking options and provide suitable, low cost sites for the incubation of new businesses in the town. In addition to the regulations provided herein, food parks shall comply with all applicable town, county and state standards.
It shall be unlawful for any person to engage in business as a “food park”, as defined in this chapter, within the town limits without first obtaining a business permit as herein set forth. In addition, it shall also be unlawful for any person to engage in business as a food cart operator or as a vendor within a “food park” without first obtaining a business permit as herein set forth.
(Ordinance 16-09 adopted 2016)
A. 
General site design standards for food parks.
1. 
Site plans must show the proposed locations, or pads, for all food carts. Each pad shall be surfaced with concrete, asphalt or the ADA compliant surface and be sufficient in size to accommodate all operations of the food cart located thereon. No unapproved pads may be utilized for any reason(s). All pads must be provided with underground water, sewer and electric utilities and must comply with all applicable town, county and state building requirements.
2. 
Food parks shall be designed to comply with all provisions of section 15.12.030, “Landscape requirements”, of this code.
3. 
Food parks shall only occupy approved sites and shall be located on private property.
4. 
Food parks shall not occupy areas utilized for any other existing land use including, but not limited to, parking lots of existing commercial facilities, landscaping areas, and/or rights-of-way. Parking lots may be utilized as a food park if it can be demonstrated that the proposed use meets the required parking requirement provisions of section 16.20.040, “Required off-street parking”, of this code.
5. 
Setbacks for food cart pads and associated amenities shall adhere to the setback requirements of the underlying zone district or a minimum of six feet (6') from all property lines, whichever distance is greater.
6. 
Food cart pads shall be separated by a minimum of six feet (6').
7. 
All ancillary structures of a permanent nature, including, but not limited to, storage facilities, restrooms and seating pavilions, must comply with all applicable building standards associated with the underlying zone district.
8. 
Food parks may provide a generator for use by individual food trucks during power outages.
B. 
Standards for amenities within a food park.
1. 
All food parks shall have full service, ADA compliant restroom facilities on-site. Restrooms shall be permanent structures that are screened from view of the public right-of-way and any abutting residentially zoned properties. Required restrooms shall be open and available for use during food park operating hours. No temporary restroom facilities shall be permitted.
2. 
All food carts and customer amenities within a food park shall be served by ADA compliant hard surface walkways.
3. 
Waste receptacles sufficient to properly serve the food park shall be provided for customer and business waste. Receptacles shall be screened from view of the right-of-way and abutting residentially zoned properties.
4. 
Storage structures accessory to food carts shall be less than one hundred twenty (120) square feet in size and no greater than fifteen feet (15') in height. Storage structures shall be identified on the site plan during approval and shall adhere to the setback requirements of the underlying zone district or a minimum of twenty feet (20') from the property line, whichever is greater.
5. 
Structures used to provide shelter to customers must be permanent in nature. All permanent structures on site must comply with all applicable town, county and state building requirements.
C. 
Individual food cart design standards.
All individual food carts shall be subject to the design standards listed below:
1. 
Food carts shall enclose or screen from view of the right-of-way and abutting residentially zoned property all accessory items not used by customers, including, but not limited to, tanks, barrels, or other accessory items. All said accessory items must be confined to the designated pad.
2. 
The wheels and tongues must remain on the food cart. Wheels must remain inflated.
3. 
Carts shall not have missing siding or roofing.
4. 
Food carts shall be kept in good repair and maintained in a safe and clean condition.
5. 
Food carts shall not be longer than twenty-six feet (26'), as measured from wall to wall.
6. 
If provided, cart awnings shall have seven feet (7') of clearance between the ground and awning for safe pedestrian circulation.
D. 
Utilities.
1. 
Food carts shall connect to water, sewer and electric utilities servicing the pad on which the cart is located in accordance with all applicable state and local codes, including provisions for an approved method for disposals of fats, oils and grease.
2. 
Except as provided in subsection A.8 of this section, the use of generators for any purpose is expressly prohibited.
E. 
Parking.
1. 
Food parks which provide seating for customers shall provide a minimum of three (3) parking spaces per approved pad. Food parks which do not provide seating for customers shall provide a minimum of two (2) parking spaces per approved food cart.
F. 
Signs.
Signage related to food parks and individual food carts are subject to the provisions of section 16.20.010.5, “Sign regulations”, et seq., of this code.
G. 
Lighting.
1. 
Food parks shall be designed with adequate lighting to ensure a safe environment for customers and employees.
2. 
All areas to be occupied by customers shall be illuminated during the hours of operation of the food park.
3. 
All light fixtures related to food parks and individual food carts are subject to the provisions of title 15, chapter 15.28, “Outdoor Lighting”, of this code.
H. 
Landscaping.
Food parks shall be designed to comply with all provisions of section 15.12.030, “Landscape requirements”, of this code.
(Ordinance 16-09 adopted 2016)
Applicants for food park permits under this article must file with the planning department an application in writing, in duplicate, on a form to be furnished by the planning department, which shall give the following information:
A. 
Site plan showing the following:
1. 
Content.
The site plan shall consist of at least two (2) parts, one of which shall reflect existing conditions, and one of which shall show proposed land form alterations, improvements and structures, utilities, circulation patterns, land uses and all other details necessary to describe the proposed food park.
2. 
Specifications.
The site plan shall include an accurate true north arrow and shall be illustrated at a minimum scale of one inch equals twenty feet (1" = 20'), on a paper size not to exceed twenty-four inches by thirty-six inches (24" x 36"). If the subject parcel must be illustrated on more than one sheet of paper, then the applicant shall also include a complete site development plan at the largest scale possible so that the parcel can be illustrated on a single sheet of twenty-four inch by thirty-six inch (24" x 36") paper.
3. 
Existing conditions.
a. 
A boundary survey with a legal description of all property in the development;
b. 
A description of existing topography with elevation contour lines at a maximum of two foot (2') intervals;
c. 
Location, size and names of existing public and private streets, public rights-of-way, public and private parking areas, alleys, walkways and trails, both on the property and within one hundred feet (100') of the property;
d. 
Location and description of all existing easements, noting purpose and grantee of the easement on the property;
e. 
A description of existing capacities of public utilities, including, but not limited to, sewer, water, gas, electric, telephone and cable;
f. 
A description of existing sizes, locations and arrangements of the buildings, structures, ingress/egress of existing parking areas, land uses, dedicated/reserved parks and open spaces, both on the property and within three hundred feet (300') of the property; and
g. 
Location and size of existing signs, fences, walls and landscaped areas including a description of significant vegetation and other environmental features.
4. 
Proposed changes.
a. 
If the application proposes any alterations to topography, a conceptual description of such proposed alterations.
b. 
A conceptual discussion of any proposed modifications to public utilities, including, but not limited to, sewer, water, gas, electric, telephone and cable.
c. 
A proposed conceptual landscape improvement and maintenance plan in conformance with the town landscape ordinance, including location, species and size of proposed shrub groupings and trees, with identification of any such trees or other significant environmental features that are proposed to be removed.
d. 
A conceptual description of any proposed method of treatment for storm drainage in conformance with the town storm drainage ordinance or correction of flooding or erosion problems, and documentation that acequia rights-of-way will be respected.
e. 
A conceptual description of the proposed sizes, locations and arrangements of the buildings, structures, land uses, and open spaces within the food park.
f. 
The conceptual layout of and improvement standards for proposed private and public streets, parking areas, loading areas, and a conceptual plan for circulation of vehicles, goods and pedestrians on and off the site. The plan shall show the proposed arrangement of parking spaces, ADA parking and locations of all ingress and egress points.
g. 
Location and size of any proposed signs, fences, and walls.
5. 
Vicinity map.
A map of the vicinity.
B. 
Name and telephone number of the applicant.
C. 
Warranty deed or notice of valuation showing proof of ownership.
D. 
State taxpayer identification number.
E. 
Proposed days and hours of operations.
F. 
Proof of comprehensive general public liability and property damage insurance naming the town as an additional insured and providing coverage in at least the maximum liability amounts specified in the New Mexico Tort Claims Act, New Mexico Statutes Annotated section 41-4-19. In the application, the applicant shall also indemnify and hold harmless the town against all liability, harm or claims arising out of the permitted use.
G. 
All original applications shall become the property of the town and shall not be returned to the applicant.
(Ordinance 16-09 adopted 2016)
A. 
Prohibited are sales from RVs, tents, and large canopies.
B. 
Sales are allowed in all nonresidential zones outside of the historic overlay zone, excluding the ARO zone.
C. 
All food carts must be self-contained and are limited to the parking pad designed on the approved site plan.
D. 
Food carts shall use only the approved seating areas designated in the approved site plan.
(Ordinance 16-09 adopted 2016)
A. 
If, in the reasonable opinion of the town manager, a food park is in violation of any of the conditions of this chapter or any other regulation or provision of law, the town manager may revoke the permit, giving the food park a minimum of twenty-four (24) hours’ notice of the revocation.
(Ordinance 16-09 adopted 2016)
The provisions of this article do not apply to:
A. 
Activities held on private property by charitable, educational, youth or civic nonprofit organizations for fundraising purposes provided they have written authorization from the property owner.
B. 
School sponsored activities or fundraising events on church property.
C. 
Authorized activities held on public property approved by the town or the county.
(Ordinance 16-09 adopted 2016)