City attorney proposes zoning amendments to exempt seasonal and existing mobile food operations from park requirement

The city attorney presented proposed amendments to the recently adopted zoning code that would change how mobile food establishments (commonly called food trucks) are treated in the new ordinance.

Background: the board adopted a new zoning code (Ordinance No. 65-13) that took effect March 1, 2025. After public comments from food truck operators, staff reviewed the code and proposed targeted amendments to avoid forcing established mobile vendors into a park-only model.

What the amendments would do: according to the city attorney, the draft changes would exempt seasonal operations (for example, shaved-ice or snow-cone vendors) from the food-truck-park requirement, allow mobile food establishments defined by Arkansas State Board of Health rules to operate under special-event permits or private events (catering), and exempt certain existing operations that hold a duly issued City of Hot Springs business license before July 1, 2025 as lawful pre-existing nonconforming uses subject to article 15 provisions (including a 12-month lapse rule).

Questions from the board focused on how the change would apply to a specific example: a food-truck area at the Lake Hamilton apartment complex that was permitted as part of the complex’s development. Director Garcia asked whether that existing on-site food-truck area would be grandfathered; the city attorney said he would need additional details but suggested it might be treated as a special-event or accessory use and could require further drafting or an application to ensure compliance.

Board preference: several directors said any draft amendments should be included in the public packet so operators and residents have time to review the text. The city attorney noted that he met with operators and that the proposed changes were well received, but final adoption would require formal action at a future board meeting.