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Home My WebLink AboutO-2019-026 Text Amendment Mobile Food VendorsORDINANCE NO.2019-026 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, TO AMEND CHAPTER 28, THE "LAND DEVELOPMENT CODE," OF THE CITY' S CODE OF ORDINANCES BY AMENDING PART 1 "USE REGULATIONS," ARTICLE 110 "USE REGULATIONS FOR COMMERCIAL AND MIXED -USE DISTRICTS," SECTION 110-20 "LIST OF PERMITTED, SPECIAL EXCEPTION AND PROHIBITED USES" TO AMEND THE SCHEDULE OF PERMITTED USES; CREATING SECTION 110-320 "MOBILE FOOD VENDING CONDITIONS OF USE;" ARTICLE 115 "INDUSTRIAL DISTRICTS: PERMITTED, PROHIBITED, SPECIAL EXCEPTION USES, AND CONDITIONS OF USE," SECTION 115-40 "SCHEDULE OF PERMITTED USES" TO AMEND THE SCHEDULE OF PERMITTED USES; AMENDING PART 3 "SPECIAL ZONING DISTRICTS," SUBPART 1, "COMMUNITY REDEVELOPMENT AREA (CRA) FORM -BASED ZONING DISTRICTS," ARTICLE 302 "DETAILED USE REGULATIONS," SECTION 302-10 "PERMITTED, SPECIAL EXCEPTION AND PROHIBITED USES" TO AMEND THE SCHEDULE OF PERMITTED USES; AMENDING PART 6 "DEVELOPMENT REVIEW PROCEDURES AND REQUIREMENTS," ARTICLE 675 "TEMPORARY USE AND SPECIAL EVENT PERMITS," TO PROVIDE FOR MOBILE FOOD VENDOR EVENTS; AND FURTHER AMENDING PART 7 "CODE ADMINISTRATION," ARTICLE 725 "DEFINITIONS," SECTION 725-30 "TERMS DEFINED" TO PROVIDE FOR MOBILE FOOD VENDORS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Article VIII, Section 2 of the Florida Constitution, and Chapter 166, Florida Statutes, provide municipalities the authority to exercise any power for municipal purposes, except where prohibited by law, and to adopt ordinances in furtherance of such authority; and WHEREAS, Objective V of the Future Land Use Element of the City of Dania Beach Comprehensive Plan provides that the City of Dania Beach will maintain land development regulations and zoning regulations to implement the City's Comprehensive Plan; and WHEREAS, the City Commission of the City of Dania Beach ("City Commission") finds it periodically necessary to amend its Code of Ordinances and Land Development Code ("Code") in order to update regulations and procedures to implement municipal goals and objectives; and WHEREAS, City staff recommends approval of the proposed changes; and WHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning Agency, has reviewed this Ordinance, and has determined that it is consistent with the City's Comprehensive Plan; and WHEREAS, pursuant to Section 166.041 (c)(2), Florida Statutes, notice has been given by publication in a paper of general circulation in the City, notifying the public of this proposed Ordinance and of the time and dates of the public hearings; and WHEREAS, two (2) public hearings were held before the City Commission pursuant to the published notice described above; and WHEREAS, the City Commission finds that adoption of this Ordinance through its police powers will protect the public health, safety, and welfare of the residents of the City, and furthers the purpose, goals, objectives, and policies of the City's Comprehensive Plan; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA': Section 1. That the preceding "Whereas" clauses are ratified and incorporated as a record of the legislative intent of this Ordinance. Section 2. That Article 110, entitled "Use Regulations for Commercial and Mixed - use Districts" of Chapter 28, "Land Development Code" of the City Code of Ordinances is amended to read as follows: ARTICLE 110. - USE REGULATIONS FOR COMMERCIAL AND MIXED -USE DISTRICTS Sec. 110-20. - List of permitted, special exception and prohibited uses. Included in the table below are permitted, special exception and prohibited uses within commercial districts, the Residential Office (RO) District, the Marine District, and generalized permitted and special exception uses within the mixed -use CRA form -based districts. Permitted and special exception uses shown in this table for the CRA form - based districts are not allowed in all areas of a district; therefore, the more detailed regulations of article 302 must be consulted to determine whether a particular use is permitted in any given location. Article 302 shall take precedence over this table. Unless otherwise provided, this table shall not apply to uses in the Planned Mixed Use 1 Additions to the text are shown in underline. Deletions to the text are shown in strip. 2 ORDINANCE #2019-026 Development District (PMUD). All permitted, conditional, special exception, restricted or prohibited uses within the PMUD shall be identified and established pursuant to the approved PMUD Development Design Guidelines (DDG) consistent with the Dania Beach Regional Activity Center (RAC) and article 340 of this chapter. COMMERCIAL INDUSTRIAL MIXED -USE DISTRICTS ZONING DISTRICTS CRA FORM -BASED DISTRICTS Legend i i P - Permitted P(#) - Permitted subject to numbered footnote A - Permitted RO accessory use (see only EDBB- SFED- GTWY- NBHD- SE - Permitted Marine see CC MU MU MU MU C-1 C-Z C-3 C-4 special I I � 7 SU} exception use only -Not permitted USES Mobile food vendor subject NP NP' P P P P P P P to section 110- ti �} 3201 3 ORDINANCE 02019-026 Sec. 110-320 Mobile food vending conditions of use. The following conditions are applicable to mobile food vending operation, unless associated with a Special Event in accordance with Article 675. a. Licensing prerequisites for operation. Mobile Food Vendors must have a City of Dania Beach Business Tax Receipt and all required State of Florida and Broward County licensing. No more than twenty (20) mobile food vendor Business Tax Receipts shall be issued by the City in any calendar year. Mobile Food Vendors permitted to operate in the City shall only be licensed to operate for a fiscal year and must be renewed on an annual basis. b. Mobile Food Vendors permitted to operate in the City shall only be licensed to operate within a limited time frame beginningJanuary 1, 2020 through January11, 2022. c. On -Site Location. Mobile Food Vendors shall: 1. Be located onlyprivate commercial or industrial property fronting on an arterial corridor, with written approval from the property owner; and 2. Be separated at least 200 feet from any existing single family home or any existing restaurant during the hours of operation of said nearby restaurant; and 3. Be located a minimum of ten (10) feet from any right-of-way or sidewalk; and 4. Not be located in handicapped parking spaces, fire lanes or loadingzones; ones; and 5. Not block access to required parking for a simultaneously operating business on the property according to the City's parking requirements*; and 6. Not disrupt vehicular or pedestrian circulation for ingress or egress of the property; and 7. Not located in any right-of-way; and 8. No more than one (1) truck permitted on site at any time. 9. Area/site shall be clear/clean of any garbage, debris and litter and shall restore the area/site to its original condition within thirty (30) minutes of the last sale. d. Other Prohibitions. Mobile food vendors shall be prohibited from: 1. Operating more than four (4) hours per location; and 2. Operating outside the hours between 9:00am - midnight; and 3. Operating a freestanding electric generator; and ORDINANCE #2019-026 4. Operating any ype of amplified speaker system or playing music of M kind; and 5. Selling or providing alcohol, and 6. Using or distributing Styrofoam containers or cups; and 7. Using or distributing plastic straws; and 8. Utilizing free standing signa eg except for one (1) free standing menu sign; and 9. Participating in a mobile food vendor event, without a Special Event approval in accordance with article 675, "Temporary Use and Special Event Permits;" and 10. No food truck shall be permitted at the same site for more than thirty (30) consecutive days. Section 3. That Article 115, entitled "Industrial Districts: Permitted, Prohibited, Special Exception Uses, and Conditions of Use" of Chapter 28, "Land Development Code" of the City Code of Ordinances is amended to read as follows: ARTICLE 115. - INDUSTRIAL DISTRICTS: PERMITTED, PROHIBITED, SPECIAL EXCEPTION USES, AND CONDITIONS OF USE Sec. 115-40. - Schedule of permitted uses. Legend P Permitted A - Permitted accessory use only (Ex: 1, 2) Permitted subject to the conditions of use numbered 1 and 2 found in section 115-50 Permitted special exception use only, pursuant to article 630 5 ORDINANCE 92019-026 SE(#, #} I (Ex: 1, 2) Permitted as a special exception only, and subject to conditions of use numbers I and 2 found in section 115-50. - not permitted USES Mobile vendor IROM IRAA IROC I IRO I IG I IR I PEDD I Ml GENERAL BUSINESS USES NP NP NP NP NP NP NP NP Mobile food vendor [subject to section P P 110 3201 — — NP NP NP NP NP NP Section 4. That Article 302, entitled "Detailed Use Regulations" of Chapter 28, "Land Development Code" of the City Code of Ordinances is amended to read as follows: ARTICLE 302. - DETAILED USE REGULATIONS See. 302-10. - Permitted, special exception and prohibited uses. Legend: Districts P = Permitted SE = Special Exception use (#} = Permitted subject to the restriction in City EDBB-MU section 302-20 having Center the same number that is within the parentheses SPED -MU I C MU I N MU I N� D- 6 ORDINANCE #2019-026 -Not permitted Abbreviations: EDBB = East Dania Beach Boulevard SFED = South Federal Highway Principal Street Frontage S. Fed. EDBB Other Hwy Other streets Sheridan Streets St. Mobile vendor NP NP NP Mobile food vendor [subject P to section 11 d- 3 NP NP �i NP NP Section 5. That Article 675, entitled "Temporary Use and Special Event Permits" of Chapter 28, "Land Development Code" of the City Code of Ordinances is amended to read as follows: ARTICLE 675. - TEMPORARY USE AND SPECIAL EVENT PERMITS cW.wl Sec. 675-20. - Temporary uses authorized. (A) All temporary uses or special events must be located on developed property with an active business tax receipt issued by the City, or upon city property as authorized in accordance with this article, and must meet one of the following criteria: (1) The temporary use or special event must benefit a business currently licensed and occupying a permanent place of business in the City; or (2) The temporary use or special event must benefit a not -for -profit entity or charitable organization; or (3) The temporary use or special event must be organized and operated solely for charitable purposes; or 7 ORDINANCE #2019-026 (4) The temporary use or special event must be a private gathering. This section does not to apply to local shows or amusements held in theaters, auditoriums or permanent buildings designed and permitted for assembly uses. (B) In addition to a temporary use or special event that is required to be approved by the City Commission under subsection (A), the following temporary uses and special events shall be approved by the City Commission after staff review and recommendation, as provided in this subsection: (1) Events with more than fifty (50) persons in attendance, as estimated by the parks and recreation director; (2) Events that occur over a five -hour period or longer; (3) Multi -day events; (4) Events requiring street closures; (5) Any event that requires an outside agency to review the proposed event; (6) Any event involving the sales or use of fireworks or sparklers; (7) Temporary assembly uses such as commercial carnivals, fairs, exhibitions, craft shows, concerts, promotional activities or similar events; (8) Garage sales located on property within a nonresidential zoning district pursuant to section 21-42; and (9) Other uses of a similar and temporary nature where the period of use will not extend beyond sixty (60) days during any calendar year. The City Commission may, in its initial resolution approving a temporary use, authorize the subsequent administrative approval by the parks and recreation director of a future event or use that recurs on a regular basis (e.g., approved events or uses recurring annually, or approved events or uses recurring seasonally but no more than four (4) times per calendar year) at specific locations except as provided in Section 675-20(4G�F) and Section 675-20(G. Recurring events subject to administrative approval shall be consistent with all terms and conditions provided in the original resolution providing for temporary use approval. (H) All temporary uses or special events for mobile food vendor events shall be approved by the City Commission pursuant to the criteria set forth in subsections (A) and (B). The City Commission may, in its initial resolution approving a temporary use, authorize the subsequent administrative approval by the Parks and Recreation Director of a future event or use that recurs on a regular basis (e.g., approved events or uses recurring annually, or gpproved events or uses recurring seasonally but no more than ei hg t (8) times per calendar Year) at specific locations. Recurring events subject to administrative 8 ORDINANCE #2019-026 approval shall be consistent with all terms and conditions provided in the original resolution providing for temporary use approval. Section 6. That Article 725, entitled "Definitions" of Chapter 28, "Land Development Code" of the City Code of Ordinances is amended to read as follows: ARTICLE 725. — DEFINITIONS Sec. 725-30. - Terms defined. Mobile food vendor(s). Retail sales of food from a motorized vehicle, or a contained unit able to be readily moved or from temporary fixtures on a property outdoors, that is approved and licensed for such activity. Mobile food vendor event. One (1) or more food trucks gathered at any time for any duration of time for the purpose of retail food sales in connection with an established and licensed business or an event with fifty 50 or more people, which requires a special event approval in accordance with article 675. Mobile vendors. Retail sales of goods and services or food from a motorized vehicle, or a contained unit able of being readily moved, or from temporary fixtures on a property outdoors, instead of the activity occurring within a building designed, approved, and licensed for such activity. Section 7. That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 8. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed to such extent of the conflict. Section 9. That this Ordinance shall be codified in accordance with the foregoing. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the City of Dania Beach Code of Ordinances; and that the sections of this Ordinance may be renumbered or re -lettered and the word "ordinance" may be changed to 9 ORDINANCE #2019-026 "section," "article" or such other appropriate word or phrase in order to accomplish such intentions. Section 10. That this Ordinance shall take full effect immediately upon its passage and adoption. PASSED on first reading on November 12, 2019. PASSED AND ADOPTED on second reading on December 10, 2019. ATTEST: THOMAS SCHNEIDER, CMC LO LE CITY CLERK MAYOR Is APPROVED AS\TO FORM AND CORRECTNESS: THOMM J. ANSB CITY ATTORNEY 10 ORDINANCE #2019-026