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)