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HomeMy WebLinkAboutO-21-03 Mobile Food EstablishmentsORDINANCE NO.O-21-03 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 54-5-22.2, DEFINITION OF TERMS, BY CREATING A DEFINITION FOR MOBILE FOOD ESTABLISHMENTS, AMENDING LAND DEVELOPMENT CODE SECTIONS 54-2-3.2, 3.3, AND 3.4 RELATING TO THE PROCEDURES AND CRITERIA FOR REVIEW OF TEMPORARY USES, AND INITIATING LAND DEVELOPMENT CODE SECTION 54-2-3.6 WHICH INSTATES PROCEDURES AND CRITERIA FOR MOBILE FOOD ESTABLISHMENTS,; PROVIDING FOR SEVERABILITY AND REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, effective July 1", 2020, the State of Florida adopted legislative Chapter 2020-160 and created F.S. Section 509.102 which pre-empted the regulation of mobile food dispensing vehicles involving licenses, registrations, permits and fees and the regulation of the operation of mobile food dispensing vehicles to the state, and banned local governmental entities from prohibiting mobile food dispensing vehicles from operating within the entity's jurisdiction; and WHEREAS, the City wishes to comply with the State's directive by recognizing this specialized market segment, classifying the types of permitted mobile food establishments or dispensing vehicles, and establishing appropriate standards that allow for typical food truck activities while mitigating associated, undesirable impacts; and WHEREAS, the City Council finds it is in the public interest to create, modify and update certain sections of the code pertaining to mobile food establishments or dispensing vehicles, and temporary uses; and WHEREAS, the Local Planning Agency held a public hearing on March 18, 2021, and made a recommendation to City Council to adopt Ordinance 0-21-03. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That the Land Development Code, City of Sebastian, Florida, is hereby amended as follows: Amendment 1: ARTICLE XXH. LANGUAGE AND DEFINITIONS Sec. 54-5-22.2. Definition of terms. r ♦ • � s Mining. Mobile Food Establishment. A public food service establishment involving the use of a mobile food dispensing vehicle that is self-propelled or otherwise movable from place to place, such as a truck, trailer, or similar self- propelled conveyance, and includes self-contained utilities, including but not limited to, gas, water, electricity, or liquid waste disposal. Mobile home. rt rt rt rt rt rt Amendment 2: ARTICLE III. SPECIAL USE, SPECIAL EXCEPTION AND TEMPORARY USE PERMITS See. 54-2-3.6. Procedures and criteria for mobile food establishments. (a) Classifications. Mobile food establishments involving the use of a mobile food dispensing vehicle shall be classified as follows: (1) Class I — Mobile Kitchens. In addition to the vending of products allowed for Class II and Class III, these vehicles may cook, prepare and assemble food items in the unit and serve a full menu. (2) Class II — Canteen trucks. These vehicles vend fi tits, vegetables, hot dogs, precooked foods, pre -packaged foods and pre -packaged drinks. No preparation or assembly of foods or beverages may take place on or in the vehicle, however, the hearing of pre-cooked foods is allowed. (3) Class III — Ice cream trucks. These vehicles vend only pre -packaged frozen dairy or frozen water -based food products, soft serve or hand -dipped frozen dairy products or frozen water -based products and pre -packaged beverages. (b) Specific requirements. Mobile food establishments conducting business in conjunction with a city -sanctioned event or activity, or events held on city -owned public property shall comply with all standards and requirements as established by the event coordinator and/or the city's Leisure Services Department, in addition to any applicable state regulatory agency's regulations. All other mobile food establishments, except those as a part of an approved Temporary Use Permit on privately -owned property as regulated in Section 54-2-3.2, shall comply with the following requirements: (1) Class I vehicles may operate in commercial, industrial, and public service zoning districts only. Class II and Class III vehicles may operate in any zoning district provided that they are not stationary for periods exceeding 60 minutes in any residential zoning district or any construction site, and must not constitute a hazard to vehicular or pedestrian traffic. (2) Class I mobile food establishments shall have the written consent of the owner(s) of the property on which it is located. Such written permission shall be available upon request by the representative of any regulating agency. (3) Any person engaged in selling, preparing, or dispensing food from a mobile food dispensing vehicle shall obtain the appropriate approvals and licenses from the State of Florida Department of Business and Professional Regulations, (DBPR), Florida Department of Health, and/or the Florida Department of Agriculture and Consumer Services before operating, and be able and willing to provide copies of all approvals and licenses upon request. (4) Mobile food establishments are not required to obtain any local licenses, registrations, permits or pay any operating fees. However, the business entity or owner operating the mobile food establishment(s) may need to obtain a local Business Tax Receipt from the jurisdictional authority applicable to where the base of operations is located. (5) The mobile food establishment shall make the dispensing vehicle available for routine inspections by the City of Sebastian Fire Marshal, Building Inspector, or Code Enforcement Officer at any time requested and at any frequency deemed appropriate, while at location or in operation, to ensure compliance with all applicable federal, state, and local fire safety statutes, regulations and codes, and local regulations of this section. (6) Mobile food establishments shall comply with all requirements of the most current edition of the Florida Fire Prevention Code (FFPC) and the National Fire Protection Association (NFPA). Upon inspection, if the Fire Marshal or his designee determines any violations of the FFPC or NFPA exists, the mobile food establishment can be required to cease operations immediately. (7) The selling or distributing of alcoholic beverages from a mobile food establishment must be in accordance with Section 10-1 (Sales of liquor near churches and schools restricted) and Section 10-2 (Prohibited hours of sale) of the Code of Ordinances. The establishment must also have a valid State license to sell alcoholic beverages, and be able to provide a copy upon request. (c) Prohibitions. Mobile food establishments operating a mobile food dispensing vehicle are prohibited from the following: (1) Serving from a free-standing grill. (2) Operating in a driveway, driveway aisle, loading zone, no parking zone, fire lane, blocking fire hydrants or any other fire protection devices and equipment, or American with Disabilities Act (ADA) accessible parking spaces and/or accessible ramps. Class I establishments are prohibited from operating within a public right-of-way. (3) Operating in a location that impedes on -site circulation of motor vehicles, the ingress or egress of building, or emergency exits. (4) Operating on unimproved surfaces, at abandoned or vacant business locations, and in any approved landscape buffer or stormwater retention area. (5) Use of sound amplification that meets the criteria of unnecessary and excessive as established in Chapter 67 of the Code of Ordinances. (6) Using balloons, banners, streamers, snipe signs, large flashing lights, flags, scantily cladded or costumed work staff, or other similar devices to attract customers. (7) Selling or dispensing food to customers in a moving vehicle or otherwise engaging in drive -up sales. (d) Operating Requirements. (1) Mobile food dispensing vehicles shall be self-contained when operating, and provide their own required trash and/or recycling receptacles, and receptacles for public use. Mobile food establishments shall remove all waste and trash at the end of each day of operation, and prior to vacating their location, and fully comply with F.A.C. Rule 61 C-4.0161. (2) Under no circumstances shall grease or any waste materials be released into any stormwater system, tree landscaping area, sidewalks, streets, puking lots, or private/public property. Mobile food establishments shall be responsible to properly discard any waste material in accordance with federal, state, county, municipal, or any laws, rules, regulations, orders, or permits. (3) No more than two mobile food establishments shall operate at the same location at any one time, except as may be permitted as part of an approved Temporary Use Permit on privately -owned property as regulated in Section 54-2-3.2. (4) Mobile food establishments are permitted on each property a maximum of no more than two (2) days per calendar week. (5) Class I mobile food establishments operating at a site for a duration longer than four (4) hours shall have an agreement which confirms that employees have access to a tlushable restmom within 150 feet of the establishment's location during the hours of operation. (6) Mobile food establishments shall not require the use of more than 10% of existing parking spaces. In addition to the location of the mobile food dispensary vehicle, a 10-Foot by 10-foot area, covered or uncovered, may be permitted to accommodate seating and tables, if approved by the property owner. (e) Penalties and other legal remedies. The city shall pursue any non -compliances and violations of this section or any misdemeanor and lawful civil action or proceeding as deemed necessary in compliance with Section 1-10 (General penalty, continuing violations) and Section 2-192 (Enforcement methods) of the Code of Ordinances. Amendment 3: ARTICLE III. SPECIAL USE, SPECIAL EXCEPTION AND TEMPORARY USE PERMITS Sec. 54-2-3.2. Procedures and criteria for review of temporary uses. A temporary use shall be allowed for transient merchants and special events as defined in section 54-5-22.2, and held on privately -owned property upon issuance of a temporary use permit by the city manager or his designee, based upon compliance with all applicable regulations of this chapter and other city regulations. (a) Illustrative connotation. The following examples are intended to illustrate the types of temporary uses and special events held on privately -owned property that require the issuance of a temporary use pennit; provided, however, this enumeration shall not be deemed or construed to be conclusive, limiting, or restrictive: • Outdoor special events and sales, including sidewalk and parking lot sales • Grand opening celebrations —Only one per business • Business milestone celebrations • Temporary parking lot sales • Consignment or vendor sales • Outdoor concerts, festivals and fairs, fundmisers, and events that include animals • Seasonal merchandise sales such as fireworks, Christmas tree lots, and pumpkin patches • Outdoor religious or ceremonial occasions • Transient services provided from a mobile vehicle, i.e. medical services or pet vaccinations, excluding mobile services provided by a non-profit organization • Races, fishing tournaments or other competitive events (b) A temporary use permit will be issued provided that all requirements and standards are met: (1) Maximum of six events per calendar year per host site. Permit applications may apply for one cumulative Temporary Use Permit covering all similar events being held throughout a specific time period. However, the same limits on the number, type and duration of these events still apply. (2) Only temporary structures may be erected and utilized for the operation. All facilities used shall be self-contained and mobile or portable. No mobile homes or trailers that exceed 300 square feet in area may be utilized. Use of tents and canopies may be allowed. Shade canopies without sides smaller than 12 feet by 12 feet are approved for use. Larger tents or canopies must have a current Flame Retardant or Resistant Certificate (tag or paperwork). Cooking under temporary structures is prohibited unless approved by the City's fire marshal. The location and size of all tents and canopies must be approved by the fire marshal. Further, all tents and canopies should be located a minimum of four (4) feet apart. All temporary facilities designed to be occupied by the public must be inspected by the fire marshal after installation, and prior to occupancy. (3) No utility connection shall be permitted except for temporary electrical power which must be approved by the building department. (4) The applicant must be the owner of the event location or provide written authorization from the property owner. Within seven days after a temporary use permit expiration, all items related to the operation or event shall be removed from the site. (5) Holders of temporary use permits for an activity shall not be required to obtain a business tax receipt for that activity provided that no permanent modifications are made to the site to accommodate reoccurring events. Permanent modifications will require a site plan application and business tax receipt. (6) No temporary use shall operate within a public right-of-way. Events requesting road closures will require a certified Maintenance Of Tmffic (MOT) plan and approval by City Council. No operation within an easement shall be permitted unless specifically allowed by all parties having interest in such easement. (7) Location of event shall be on an improved lot within a non-residential or public service district. (8) A maximum of 30% of the required on -site parking stalls of the host site may be utilized by the temporary use. This percentage may be increased based on satisfactory documentation indicating additional parking and/or transportation needs have been provided for the total impact of the proposed event. (9) Mobile food establishments, as accessory to the temporary use, must have a current state license from the appropriate regulatory agency displayed and be in compliance with all Fire Safety and Health Department regulations. In addition, alcohol sales accessory to the temporary use are prohibited unless the host site holds a current alcohol license. (10) Temporary toilet facilities may be required by the applicant depending on location and size of the event. Amount will be determined by the building official based on estimation of attendance of the event. (I1) Applicant must provide, at his own expense, additional and/or special crowd control and security if determined necessary by the police chief based on the size of the event. (12) [Reserved] (13) Prior to city manager review, approval must be obtained from the police chief, building director, and fire marshal. Approval or denial shall be based on items (1) through (11) above and consideration shall be reviewed on the total magnitude of impact that may be detrimental to the health, safety and general welfare of the community. Sec. 54-2-33. - Time limits. (a) Transient merchants of any seasonal sales merchandise such as Christmas tree and firework sales or other similar use shall be in operation not more than 45 consecutive days per sale on my given site. (b) Transient merchants of any non -seasonal sales merchandise shall be in operation not more than ten consecutive days per sale on any given site. (c) Special events shall be in operation not more than seven consecutive days per event on any given site. Sec. 54-2-3.4. - Application. (a) Temporary use permits shall be obtained by furnishing a completed application for such permit to the community development department and fire marshal. The following information as applicable shall be provided: (1) Application to be made by the owner or lessee of the host site. (2) Location of site and the specific location for the requested use. (3) Beginning and ending dates of the event. (4) Hours of operation of the event. (5) Name of individual in charge of the event. (6) After hours emergency phone number for person responsible for event. (7) A drawing showing dimensions of the site or an existing site plan for the host site including location and dimensions of all existing driveways, entrances, exits, and parking spaces. (S) A drawing depicting location and dimensions of all temporary pavilions, displays areas, sanitary facilities, and concessions for the temporary use. (9) indicate how puking and traffic flow will be directed onto and within the event site. (10) Estimation of maximum peak hour attendance of the event to determine sanitary needs, parking and traffic impact. (1 I) If existing parking spaces of a permanent use (such as a shopping plaza) are to be utilized by patrons and employees of the temporary use event during normal operating hours, calculations shall be submitted demonstrating that the event will not utilize more than 30% of the required parking stalls of the existing host site. If usage does exceed 30% percent, documentation indicating additional parking and/or transportation arrangements must be provided for the total impact of the proposed event, along with submittal of a parking use agreement signed by the other tenants allowing for the temporary use of the shared parking for the specified event. If the event is being held during non -operating hours for the host site, the 30% restriction may be lifted upon demonstration that there will still be sufficient parking available for patrons of the temporary event. (12) All temporary use permit applications must be accompanied by a site plan for the proposed use. This plan shall be drawn in a legible manner and to an accurate scale. The plan must include the location of adjacent streets, relevant buildings or structures, parking, and other details which may be necessary to evaluate the proposed request. The plan shall also clearly indicate the location of equipment, materials or structure to be used in association with the temporary use. Failure to submit a site plan may result in time delays or denial of the application. (13) All applications must be made on the form prescribed by the city and submitted no later than 21 days prior to the scheduled event. Fees for temporary uses shall be established by resolution of the city council. Applicants may include multiple similar events on one application. Applications submitted less than 21 days before the scheduled event will be assessed a fee as established in the Resolution to be used for expedited processing. Fees may not be waived for any application. Requests for special causes or circumstances may be presented to the city manager for consideration. (b) A copy of the application and all supporting documents will be forwarded to the police chief, building official, and fire marshal for review and comments. All comments and recommendations will then be attached to the application and forwarded to the city manager or his designee for approval or denial. (c) The application, with all the supporting documents, will be reviewed by the city manager, or his designee. If denied, applicant will be notified, along with the reasons for denial. The police department and the fire marshal will be notified on all approved requests for temporary use permits. (d) Any decision of the city manager, or the city manager's designee, maybe appealed to the city council. Any appeal shall be filed within five days of the decision, and shall be presented to the city council at its next available meeting. R 4 M1♦ i i Section 2. Severability. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full force and effect. Section 3. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 4. Codification. The sections of the ordinance shall be codified within part of the City land Development Code and may be renumbered or m-lettered to accomplish such, and the word "ordinance" may be changed to "section," "division," or any other appropriate word. Section 5. Scrivener's Errors. Sections of this ordinance may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. Section 6. Effective Date. This Ordinance shall become effective immediately upon its adoption by the City Council. The foregoing Ordinance was moved for adoption by Councilmember MXurtlan . The motion was seconded by Councilmember ,Tars and, upon being put to a vote, the vote was as follows: Mayor Ed Dodd aye Vice -Mayor Jim Hill abler± Councilmember Fred Jones aye Councilmember Bob MCPartlan aye Councilmember Christopher Nunn aye The Mayor thereupon declared this Ordinance duly passed and adopted this 121° day of May, 2021. ATTEST: W J ette Williams, MMC City Clerk CITY OF SEBASTIAN, FLORIDA By: Pq0__0_11 Ed Dodd, Mayor Approved as to Form and legality for reliance the of as an only: array on, Jr., City Attorney 8