Mobile Food Establishments
511.1. Purpose and applicability.
The purpose of this section is to establish special conditions and performance standards for the use of mobile food establishments, as defined herein, that are consistent with the residential character of the town, and consistent with the land uses in the town. The provisions of this section shall apply, as specified herein, to all mobile food establishments operating within the town.
511.2. General requirements.
A. Mobile food establishments shall be permitted as set forth in section 301, subject to the requirements of this section and further to the requirements of article VII, section 9 of this Code.
B. Mobile food establishments shall comply with G.L. Tit. 5, Ch. 11.1, State Mobile Food Establishment Registration Act, as well as all regulations promulgated thereunder by the department of business regulation.
C. The requirements of this section shall not apply to mobile food establishments that remain stationary in a single location for no more than fifteen (15) minutes at a time.
D. Mobile food establishments located on private property shall require written permission from the property owner.
E. Sale of alcohol from mobile food establishments shall be prohibited.
F. During business hours, a trash receptacle shall be provided for customer use and the area shall be kept clear of litter and debris at all times by the owner of the property.
G. Additional outdoor seating may be provided on the site, but seating shall not be permanently installed.
H. A permanent water or wastewater connection is prohibited.
I. Electrical service may be provided only by temporary service or other connection provided by an electric utility, or on-board generator.
J. Seating or trash receptacles shall not block the public right-of-way.
K. Mobile food establishments shall not sell wares by means of loudspeaker, voice amplified system, or electronic noise making device intended to attract public attention.
L. Mobile food establishments located on private property shall sell wares on the private property on which said mobile food establishment is located. The sale of wares shall not occur within any public or private right-of-way.
511.3. Residential zoning districts.
A. In residential zoning districts, mobile food establishments shall be prohibited, except as described below:
1. Mobile food establishments shall be permitted as of right on residential property in connection with a private event or gathering, provided that the property on which the mobile food establishment is proposed to be located shall not host a mobile food establishment more than two (2) times a year, and the mobile food establishment shall not be open for sale to the general public; or
2. Mobile food establishments shall be allowed on farms as an accessory farm event pursuant to section 503.7.g. and shall comply with the requirements of section 511.2.
B. In residential zoning districts, hours of operation for a mobile food establishment shall be limited to 9:00 a.m. to 10:00 p.m. Relief from this standard shall be available by special use permit.
511.4. Non-residential zoning districts.
A. In non-residential zoning districts, one (1) mobile food establishment shall be permitted as of right provided that the mobile food establishment shall not remain on the property for periods greater than four (4) hours per day, or twenty (20) hours per week. Relief from this requirement shall be available by special use permit.
B. In non-residential zoning districts, mobile food establishments shall be permitted as of right on residential property in connection with a private event or gathering, provided that the property on which the mobile food establishment is proposed to be located shall not host a mobile food establishment more than two (2) times a year, and the mobile food establishment is not open for sale to the general public. Relief from this requirement shall be available by special use permit.
C. In non-residential zoning districts, hours of operation for a mobile food establishment shall be limited to 9:00 a.m. to 10:00 p.m. Relief from this requirement shall be available by special use permit.
511.5. Town-owned property.
A. Mobile food establishments proposed to be located on town-owned property shall be permitted, subject to issuance of an event permit, pursuant to chapter 9 of this Code, and approval of the school department, for property maintained by the school department, or approval of the recreation commission for other town-owned property.
511.6. Special use permits for mobile food establishments and mobile food courts.
A. Mobile food establishments seeking relief from the requirements identified above through issuance of a special use permit, or mobile food courts may be allowed by special use permit in section 301, subject to the following conditions:
1. The application for a special use permit shall provide a site plan of the property, which shall include depiction of existing parking spaces and circulation areas, a calculation of the number of parking spaces required for any existing uses on the property, the number of food trucks proposed as part of any mobile food court, the location of proposed mobile food courts, and the service area for patrons.
2. Mobile food courts proposed on a property with one (1) or more existing uses must demonstrate that the mobile food establishment does not create a conflict with the use of existing parking and circulation areas on the property which shall be demonstrated in one (1) of the following ways:
(a) A calculation of all required parking spaces for existing uses on the property pursuant to section 711; or
(b) A written narrative which demonstrates complementary use of parking spaces required pursuant to section 711, including, but not limited to, use for a mobile food establishment during non-business hours; or
(c) An onsite parking inventory assessment based upon observed parking space utilization on the property which shall demonstrate that a sufficient number of underutilized spaces exist to support the mobile food court.
(Ord. of 12-9-19(3))