The purpose of this division is to allow for mobile food units to operate within the city on private property and city-owned property for a limited period of time. This division also allows for food truck parks as a principal use. This division does not apply to pushcarts which require appropriate health district permits and temporary vendor permits. Mobile food units operating within the public right-of-way require a solicitor’s permit and must comply with the operational requirements in this division and article 5.05 of this code.
(Ordinance 2019-017, sec. 2 (14-90), adopted 5/13/19; Ordinance 2021-025 adopted 8/23/21)
Event center.
A facility consisting of multi-purpose rooms, outdoor courtyards, or recreational facilities used for hosting social gatherings such as weddings, parties, receptions, dances, and festivals.
Food truck park (court).
A property used or developed to accommodate one or more food trucks as the primary use of the property while possibly accommodating areas on the property for entertainment or recreational opportunities. Food truck courts must have a valid certificate of occupancy in addition to all other applicable permits and inspections, and accommodate all requirements of use.
Mobile food unit (food truck).
An operational motor vehicle and/or enclosed trailer from which food and associated non-alcoholic beverages are prepared, served and/or sold on public or private property for a period of time which exceeds 60 minutes or two instances of 30 minutes each day. This definition shall also apply to any seating, garbage and/or recycling containers, restrooms, gear or equipment that is associated with the food truck’s operation.
Operation site.
The geographic area, not located within a food truck court, within which the food truck will park, prepare, and sell food and/or associated non-alcoholic beverages. This also includes areas where the food truck’s customers go to consume food and/or non-alcoholic beverages sold from the food truck. The sale of merchandise other than food and non-alcoholic beverages shall not be permitted other than that contained within or upon the mobile food unit.
(Ordinance 2019-017, sec. 2 (14-91), adopted 5/13/19; Ordinance 2021-025 adopted 8/23/21)
(a) 
Use generally.
A mobile food unit is allowed as a temporary food service operation that supports a commercial business office or industrial park in approved locations in the city, and in conformance with the zoning ordinance.
(b) 
Accessory use only; associated primary uses.
Mobile food units and/or pushcarts are prohibited except as an accessory use supporting the following primary uses, in accordance with all other provisions of this section:
(1) 
Commercial businesses located on lots zoned general retail (GR), central commercial (C), light industrial (LI) and heavy industrial (HI) districts:
(A) 
In the central area (CA) district in connection with a business promotion event permit issued by the community development department in connection with a downtown business, may be approved for a period not to exceed eight (8) hours of operation per day over a two (2) day period with a maximum of one (1) business promotion event permit per year.
(B) 
Business promotion events shall be located adjacent to or in front of their business. A maximum of no more than two (2) parallel and three (3) angled parking spaces (handicapped spaces excluded).
(C) 
The fee shall be fifty dollars ($50.00) per day or a total of seventy-five dollars ($75.00) for a two (2) day period.
(D) 
Business promotion event permit application forms and guidelines shall be provided by the community development department.
(2) 
Event centers;
(3) 
Municipal parks and recreation facilities;
(4) 
School districts, higher education facilities, corporate office campuses, and business/industrial parks, at which the mobile food unit provides service to the students or employees of the hosting organization; and
(5) 
Catering for private events where the mobile food unit is located on private property and will not adversely affect property access or traffic flow, or otherwise cause a nuisance to the area.
(A) 
The mobile food unit shall be parked a minimum of ten (10) feet from any structure.
(B) 
Catering operations shall be limited to 9:00 a.m. to 10:00 p.m. in residential areas.
(c) 
Operation to be temporary in nature.
Mobile food units are meant to be open on-site only on a temporary basis. As such, the following requirements shall be met:
(1) 
New connections to city water or wastewater infrastructure are prohibited;
(2) 
New electric meters are prohibited; and
(3) 
It shall be unlawful for the owner of a mobile food unit to park the vehicle overnight at the location of their associated primary use.
(d) 
Permit.
(1) 
Required.
An annual permit is required for the operation of a mobile food unit within the city limits. The owner of the mobile food unit is responsible for obtaining the permit. First-time permit applications are accepted and reviewed by the office of community development prior to commencing any sales from the mobile food unit.
(2) 
Permission from property owner.
Permission letters from the property owner(s) are required for the mobile food unit’s proposed locations during the calendar year. Such letters shall be required with the permit application.
(3) 
Sales tax number.
A copy of the sales tax number for the mobile food unit is required with the permit application.
(4) 
Fee.
A fee as set forth in the fee schedule in appendix A of this code shall accompany the permit application to cover the cost of inspections by the building and fire departments.
(5) 
Term.
The mobile food unit permit is valid for 12 months from the date of issuance. Each mobile food unit vendor is responsible for obtaining a valid permit.
(6) 
Issuance or denial; revocation.
The building official, in approving or denying such application, shall consider the nature of the use; existing uses in surrounding areas; noise, dust, light, and traffic generated; health and sanitary conditions; and compliance with other regulations of this article. The chief building official shall have the right, upon finding that a hazard or nuisance shall exist by continuing such use, to revoke any temporary use at any time or to deny any extension. After such revocation, such temporary use shall immediately cease and all temporary structures shall be removed within ten days of notification of such finding.
(e) 
Site location criteria.
(1) 
Mobile food units shall not locate on public streets.
(2) 
Mobile food units shall not be located within fifty (50) feet of a single-family dwelling unit. This measurement shall be taken from the property line of the dwelling unit to the closest point of the mobile food unit location.
(3) 
Mobile food units shall not locate in access drives, fire lanes, or public alleys.
(4) 
Mobile food units shall not be located on sidewalks in or along the right-of-way without prior approval from the city. Approval may be granted if a minimum width of five (5) feet of sidewalk remains free of any obstructions.
(5) 
Mobile food units may not occupy any parking spaces needed for the minimum required parking for the primary use.
(6) 
Mobile food units shall be located a minimum of fifteen (15) feet from fire hydrants and five (5) feet from any utility box, ADA accessibility ramp, or building entrance.
(f) 
Operational requirements.
(1) 
The mobile food unit shall be in compliance with the Lamar County Health District regulations and applicable city building and fire department regulations.
(2) 
All signage and identification for the mobile food unit shall be on or attached to the vehicle. Menu items may be displayed on sandwich boards which are not attached to the vehicle.
(3) 
The hours of operation for any mobile food unit within the city limits shall be limited to the following days and times:
(A) 
Monday through Thursday, and Sunday: 7:30 a.m. to 10:00 p.m.
(B) 
Friday through Saturday: 7:30 a.m. to 11:00 p.m.
(4) 
All food vending transactions shall occur from the vehicle.
(5) 
No trash or grease shall be left at the site after departure of the mobile food unit, except in existing on-site containers specifically designed for such waste.
(6) 
Vehicles, generators, and other equipment shall be maintained so as to be in operable condition at all times.
(7) 
All generators shall have functional noise attenuation devices in order to minimize noise pollution at temporary sites.
(8) 
Durable exterior-grade finishes and decorations shall be utilized for all exterior materials on the vehicle and shall be maintained in accordance with minimum property, structural and health standards.
(9) 
All mobile food units must park on an improved surface unless they are located at an approved food truck park and subject to the park’s conditions.
(10) 
No mobile food unit may be located on a vacant lot, unless it is adjacent to the adjoining parcel owned by the primary business granting permission.
(11) 
All mobile food units shall provide self-closing lidded trash receptacles. The trash receptacle must be placed outside next to the unit for use by patrons of the unit. The area around the unit must be kept clean and free from litter, garbage, and debris.
(12) 
Any unauthorized connection to the water system and/or unauthorized dumping of grease into the sanitary sewer system in conjunction with the operation of a mobile food unit in any way is strictly prohibited and is unlawful.
(Ordinance 2019-017, sec. 2 (14-92), adopted 5/13/19; Ordinance adopting 2021 Code; Ordinance 2021-025 adopted 8/23/21)
(a) 
Allowable locations; operational requirements.
The city shall allow for food truck parks as an acceptable land use in accordance with section 8 of the zoning ordinance. A food truck park shall be allowed by specific use permit (SUP) in the general retail (GR), commercial (C), central area (CA) light industrial (LI) and heavy industrial (HI) zoning districts. A food truck park shall be considered a primary use on a property and therefore is subject to all development standards applicable to the zoning of the property, including off-street parking requirements. All food truck parks shall require a certificate of occupancy and be subject to the following requirements:
(1) 
Compliance with applicable regulations.
All food truck parks shall comply with all applicable regulations of the Lamar County Health District, adopted building codes, the International Fire Code, this article, and all other applicable federal state and local laws. All food truck parks shall be on legally platted lots.
(2) 
Removal of units from site.
All mobile food units shall be removed from the food truck park upon closing of the park for the season or if the food truck service is closed for one (1) week or more.
(3) 
On-site manager.
There must be a designated manager of the site that is responsible for the orderly organization of mobile food units, the cleanliness of the site, and the site’s compliance with all rules and regulations during business hours.
(4) 
Utility service required.
Each site at the food truck court on which a food truck will be located and operated shall be provided hookups for electricity and potable water. Each individual food truck is not permitted to operate a generator at the site unless emergency circumstances necessitate the need for the use of a generator on a temporary basis not to exceed two hours within any given six-hour period of time.
(5) 
Restrooms.
Restrooms must be provided on-site within the food truck court for the use of the food trucks’ and the food truck court’s customers, operators and employees. The minimum number and type of restrooms shall be determined based on the occupant load of the food truck court. Such restroom(s) must remain open and available for use at all times during which the food truck court is being used. When permanent or temporary restrooms are provided, they shall comply with required setbacks for the district they are located within and shall be placed within a full screening enclosure on all sides and shall be serviced on a regular basis. All restrooms, permanent or temporary shall be ADA compliant.
(6) 
Development standards.
Food truck parks may be stand-alone establishments or may be located on a property with other permanent uses (i.e., retail establishments). These properties shall be designed to be able to accommodate all required development standards for all primary uses.
(7) 
Sale of alcoholic beverages.
Food truck parks that are eligible to sell alcohol may do so provided they meet the requirements of the Texas Alcoholic Beverage Code, the state alcoholic beverage commission and the city code. Alcohol shall only be sold from a fixed location.
(8) 
Parking surface.
Mobile food units shall not be parked on unimproved surfaces and at a minimum be parked on compacted gravel base, where approved by the planning and zoning commission.
(9) 
Signs.
One on-premises sign is permitted at the entrance(s) identifying the food truck park subject to the sign regulations for the applicable zoning district. Each mobile food unit may have attached signage.
(10) 
Distance requirements (property line measurement).
A food truck park shall not be less than 100 feet from another food truck park.
(11) 
Screening and buffering.
Food truck parks adjacent to single-family zoned or used property (not including a mixed-use structure) shall provide screening and buffering.
(12) 
Off-street parking.
All food truck parks not located in the central area district shall provide off-street parking. Off-street parking may be provided by way of shared or joint off-site parking arrangements within 1,000 feet of the park.
(13) 
Seating and other amenities.
Park owners are encouraged to provide for an aesthetically pleasing environment which includes shade and seating elements in addition to pervious ground cover.
(14) 
Noise regulations.
All food truck parks shall comply with the noise regulations in the city code.
(15) 
Floodplain regulations.
All food truck parks shall comply with adopted floodplain regulations.
(b) 
Site plan requirements.
The site plan required for a food truck park shall provide the following information for review:
(1) 
The land area included within the property, the zoning classification of adjacent properties, and all public and private rights-of-way and easements bounding and intersecting the site;
(2) 
A legal description of the platted lots of the proposed site and boundaries thereof;
(3) 
The locations of proposed permanent structures on the site and pads for mobile food units, and identification of proposed outdoor entertainment locations and fixed seating areas;
(4) 
Location, width, and surface material of driving lanes and mobile food unit pads;
(5) 
Location of fire hydrants;
(6) 
Dimensions and number of off-site parking spaces;
(7) 
Pedestrian walks, patios, and open areas for use by tenants or the public;
(8) 
Location, height, and materials of all screening mechanisms;
(9) 
Location, size, height, and orientation of all lighting and signs;
(10) 
Location and number of provided seating and eating areas;
(11) 
Location and screening of refuse containers, mechanical equipment, and outside storage;
(12) 
All proposed phasing of the park (if applicable);
(13) 
Location, height, and separation of buildings, including restrooms;
(14) 
Location, size, and type of water and sewer services;
(15) 
Location of electrical services;
(16) 
Location and type of electrical outlets provided for each corresponding pad site;
(17) 
Any other items required by the planning and zoning commission and the city council.
(Ordinance 2019-017, sec. 2 (14-93), adopted 5/13/19; Ordinance 2021-025 adopted 8/23/21)