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HomeMy WebLinkAboutDocumentation_Workshop_Tab 03_3/29/2021Agenda Item #3. Workshop STAFF MEMO Meeting: Workshop - Mar 29 2021 Staff Contact: Nilsa Zacarias, Director of Community Development Discussion on Proposed Food Truck Ordinance SUMMARY: i Discussion on the proposed food truck ordinance Department: Community Development This document and any attachments may be reproduced upon request in an alternative format by completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768-0443. Ord No xx-21 - Food Truck Regulations 2ND DRAFT 3-10-21 Check List - FOOD TRUCKS Page 135 of 166 Agenda Item #3. ORDINANCE NO. xx-21 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 78. ZONING. ARTICLE IX. SUPPLEMENTAL REGULATIONS. DIVISION 10.00CUPANCY OR USE OF TEMPORARY STRUCTURES, TRAILERS OR VEHICLES. SECTION 78-612. OTHER USES. TO PERMIT THE PARKING OF FOOD TRUCK TRAILERS WITHIN VILLAGE JURISDICTION UNDER CERTAIN CONDITIONS; ALSO AMENDING CHAPTER 78. Z[MPI]ONING. ARTICLE IX. TO CREATE AN ENTIRELY NEW DIVISION 11. ENTITLED "MOBILE FOOD VENDORS" IN ORDER TO ESTABLISH LOCAL REGULATIONS FOR MOBILE FOOD VENDORS IN ACCORDANCE WITH CHAPTER 509, FLORIDA STATUTES; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB- SECTION OF CHAPTER 78. ZONING. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the Village of Tequesta, Florida (the "Village") is a duly constituted municipality having zoning and land use regulatory authority as conferred upon it by the Florida Constitution and Chapters 163 and 166, Florida Statutes; and WHEREAS, mobile food vendors are becoming a popular use and activity state-wide, including in the Village; and WHEREAS, the Florida Legislature recently passed Senate Bill 1193 — Deregulation of Professions and Occupations, which was signed into law on June 30, 2020, and which became effective on July 1, 2020, amending Section 509.102, Florida Statutes, as it relates to mobile food dispensing vehicles; and WHEREAS, pursuant to Section 509.102, Florida Statutes, the Village cannot require "mobile food dispensing vehicles" to obtain a separate license, registration, or permit, or pay related fees for such licenses, registrations, or permits beyond those established by the State Department of Business and Professional Regulation ("DBPR") as a condition for the mobile food dispensing vehicle's operation within the Village; and WHEREAS, in accordance with Section 509.102, Florida Statutes as well as Chapter 500, Florida Statutes and Chapter 5K-4, Florida Administrative Code, the Village will also not require those "mobile food establishments," which exclusively sell pre -packaged or pre-cooked foods, to obtain a separate license, registration, or permit, or pay related fees for such licenses, registrations, or -1- Page 136 of 166 Agenda Item #3. permits beyond those established by the State Department of Agriculture & Consumer Services as a condition for the mobile food establishment's operation within the Village; and[MP2] WHEREAS, pursuant to Section 509.102, Florida Statutes, the Village further cannot prohibit mobile food dispensing vehicles from operating within the entirety of the Village's jurisdiction; and WHEREAS, Section 509.102, Florida Statutes, does not prohibit the Village from enforcing its other regulations against mobile food dispensing vehicles, including, but not limited to, its zoning regulations, except as stated above; and WHEREAS, the Village Council desires to recognize this specialized mobile food vendor market segment; classify the types of permitted mobile food trucks; and establish appropriate standards allowing for the typical range of activities while mitigating any associated, detrimental impacts to the community at large; and WHEREAS, the Village of Tequesta has held all required public hearings and has provided public notice in accordance with applicable State statutes and Village ordinances; and WHEREAS, the Village Council of the Village of Tequesta has determined that the proposed revisions to Chapter 78, Village Code are in the best interests of the general welfare of the Village, and in conformance with the state law preemptions contained in Sec. 509.102, Florida Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, THAT: Section 1: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta is hereby amended at Article IX. Supplemental Regulations. Division 10. Occupancy or Use of Temporary Structures, Trailers or Vehicles. at Section 78-612. Other uses. to permit the parking of food truck trailers within Village jurisdiction under certain conditions; providing that Section 78-612 shall hereafter read as follows: Sec. 78-612. - Other uses. (a) The intermittent or continual placement, parking, standing or utilization of any trailer, travel trailer or temporary structure; or vehicle used for storage purposes shall be prohibited in all zoning districts, except where the placement, parking, standing or utilization of such trailer, travel trailer, temporary structure or vehicle used for storage purposes is specifically allowed by Code. (b) The placement, larking or utilization of any trailer, travel trailer or temporary structure that is also classified as a mobile food truck, as defined in Section 78-641 of village code, shall -2- Page 137 of 166 Agenda Item #3. be allowed in all zoning districts, so long as the following conditions are met: 1 Any such trailer, travel trailer, or temporary structure must comply with all applicable operation and location requirements for mobile food trucks found in chapter 78, article IX, division 11 of village code, including but not limited to: limitations on operating days, use of designated parking spaces, daily hours of operation, and storage requirements when not in active operation. 2 Overnight parking or storage of any such trailer, travel trailer or temporary structure that is also a mobile food truck is expressly prohibited, excebt when otherwise allowed by village code.[Mr3] Violators of this section shall be subject to the penalties listed in chanter 78, article IX, division 11 of village code as well as anv other legal action available to the village. Lc)(4) Portable storage units (PSUs) shall be allowed in all residential zoning districts and in residential areas in mixed use zoning districts so long as the following conditions are met: (1) PSUs must be placed on driveways or approved parking areas; and (2) PSUs are allowed at a location for no more than 14 calendar days per placement with no more than two placements per year. Ld)(o PSUs shall be allowed in nonresidential zoning districts so long as the following conditions are met: (1) PSUs are only allowed in conjunction with and during the duration of a valid building permit; and must be removed prior to the issuance of a certificate of occupancy; and (2) PSUs shall be placed in an area approved by the building official but are not allowed to be located in a right-of-way, easement, landscape buffer or drainage area; and (3) PSUs shall be located in such a manner so as not to create a pedestrian or vehicular traffic hazard. Le)(.d) A permit must be secured prior to the placement of a PSU. The permit fee shall be in the amount of the minimum permit fee as set forth in appendix C of the Village Code of Ordinances, as maybe amended from time to time. Section 2: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta is hereby amended at Article IX. Supplemental Regulations. to create an entirely new Division 11. entitled "Mobile Food Vendors" in order to impose requirements on such vendors in accordance with Chapter 509, Florida Statutes; providing that Chapter 78, Article IX, Division 11. shall hereafter read as follows: -3- Page 138 of 166 Agenda Item #3. DIVISION 11. — MOBILE FOOD VENDORS. Sec. 78-641. - Definitions. As used in this article, the following terms shall be defined as follows: Mobile food truck shall mean any vehicle that is self-propelled or otherwise movable from place to place, and is used to vend food and beverage products. Mobile food trucks shall be classified as one of the following: Class I — Mobile kitchens. In addition to the vending of products allowed for class II and class III mobile food trucks, these vehicles may cook, prepare and assemble food items on or in the unit, and serve a full menu. Customers may be notified of the vehicle's location by Social media or other forms of advertising. These vehicles may be classified as "mobile food dispensin vehicles," as defined by section 509.102, F.S., if they include self-contained r utilities, including, but not limited to, ilas, water, electricity, or liquid waste disposal. Class II — Canteen trucks. These vehicles vend fruits, vegetables, hot dogs, pre-cooked 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 heating of pre-cooked foods is allowed. A cooking apparatus or grill top for the heating of pre-cooked foods is permitted so long as it complies with state regulations. These vehicles are limited to providing catering services to employees at a specific location. These vehicles may be classified as "mobile food dispensing vehicles," as defined by section 509.102, F.S., if they include self-contained r utilities, including, but not limited to, gas, water, electricity, or liquid waste disposal. Class III — Ice cream Mucks. These vehicles vend only pre -packaged frozen dairy or frozen water -based food products, soft serve or hand -dipped frozen dairy or frozen water -based food products and pre -packaged beverages. These vehicles may be classified as "mobile food dispensing vehicles," as defined by section 509.102, F.S., if they include self-contained utilities, including, but not limited to, gas, water, electricity, or liquid waste disposal. Mobile service base shall mean a place for food storage, the cleaning of the equipment, the filling of water tanks and proper disposal of waste water and grease, and shall not include the use of a private home as a mobile service base. Property owner shall mean the owner of real property on which the mobile food truck operates. Vehicle shall mean a motorized vehicle, including a trailer or other portable unit attached to a motorized vehicle, that is intended for use in vending Vend shall mean to sell or offer to sell products from a mobile food truck. tvision 8 [MP4]of village code. Sec. 78-642. — Reguirements aDDlicable to all mobile food trucks. Page 139 of 166 Agenda Item #3. The following requirements shall apply to all mobile food truck operations within the village Oa Food truck special event requirements. Gatherings of two (2) or more class I, class II, and/or class III mobile food trucks on a property at any given time shall be classified as a r' food truck special event. In order for such events to occur, the property owner shall be required to obtain a village -issued special event permit prior to the event taking place. Applications for special event permits[MP5] shall be made by the property owner to the village in accordance with the requirements of chapter 78, article Ix, division 8 of villae code. b Health and safety regulations: display of state license. A mobile food truck shall comply with all federal, state, and local health and safety regulations and requirements, and shall obtain and maintain any and all licenses required by any other health organization or r' governmental organization having jurisdiction over the same. The license under which the mobile food truck is operating shall be firmly attached and visible on the mobile food truck at all times, and shall be produced to a law enforcement officer, or village code enforcement officer upon demand. [MP6] (cj Initial and annualre safety inspections. The mobile food truck shall be made available for inspection by the Village of Tequesta Fire Department at a location determined by the Fire Department. The Fire Department shall ensure compliance with all applicable federal, state, and local fire safety statutes, regulations, ordinances, and codes. Subsequently, every Class I mobile food truck shall undergo an annual inspection by the Village of Tequesta Fire Department. Od Written consent of property owner. A mobile food truck shall not operate on any private property without the written consent of the property owner. A copy of such written permission shall be maintained in the mobile food truck at all times, and shall be produced to a law enforcement officer, or village code enforcement officer upon demand. Oe Stock -in -trade: storage. All materials, equipment, and stock -in -trade shall be stored entirely within the mobile food truck unless the property owner has obtained a village - issued special event permit. f Outside patron seating. No tables, chairs, umbrellas, or other furniture for patron seating may be placed outside the mobile food truck unless the property owner has obtained a village -issued special event permit.[MP7] Food vendinz. Food vending shall only be conducted from the mobile food truck, unless the property owner has obtained a village -issued special event permit. �h Alcohol sales. A mobile food truck shall not sell alcoholic beverages, unless the property owner has obtained avillage-issued special event nerm4.[Mr8] 0 Conducting business near existing retail food establishments. [mpg] A mobile food truck shall not be located 'within 200 feet of any existing retail food jmpio]establishment during such establishment's hours of operation without the prior written permission from the retail -5- Page 140 of 166 Agenda Item #3. food establishment. A copy of such written permission shall be maintained in the mobile food truck at all times, and shall be produced to a law enforcement officer, or village code enforcement officer upon demand. Conducting business near village -sponsored or village -sanctioned special event. A mobile food truck shall not be located within 200 feet of any village -sponsored or village - sanctioned special event, unless the mobile food truck is permitted by the villaue to operate at such event. Conductinz business in public right-of-way. A mobile food truck, except for ice cream trucks, shall not conduct business or operate in the public right-of-way, unless the adjacent property owner has obtained a village -issued special event permit. Where mobile food trucks are authorized to operate, such trucks may stop, stand or park in designated parkin areas on the property. Ol Conducting business near street intersections or pedestrian crosswalks. A mobile food truck shall not be located within fifteen (15) feet of any street intersection or pedestrian crosswalk, unless the property owner has obtained a village -issued special event permit. Interference with vehicular and pedestrian traffic. A mobile food truck shall not impede the flow of vehicular traffic, sidewalks, the ingress or egress of other businesses, building entrances, or emer env exits, unless the property owner has obtained a village -issued special event permit Cn) Limitations on number of mobile food trucks per property. No more than one (1) mobile food truck shall operate on a given property at any one time, unless the property owner has obtained a village -issued special event permit. (oj Limitations on number of operating days. A mobile food truck shall not operate on a given property more than two (2) consecutive days per calendar month, and further shall not operate on a given property more than ten (10) days in total per calendar year, unless the property owner has obtained a village -issued special event permit. (O[MP I I I Use of designated parking spaces. On -site narking requirements shall be maintained for the brincibal use of the property. The subject site should &"rovide parking for the customers of the food truck. The mobile food truck shall not be parked: 1 in a required pa ing space; 2 in a fire lane or in an area blocking a fire hydrant. 3 in Americans with Disabilities (ADA) accessible parking spaces or accessible ramps; 44 on an unimproved surface (including but not limited to dirt, sand, ra ravel, or vacant lot); or 5 in any driveway aisles, "no parkin" zones, or loading -only areas. Hours of operation. A mobile food truck shall operate only between the hours of 7:00 a.m. to 9:00 p.m., unless the property owner has obtained a village -issued special event permit. Page 141 of 166 Agenda Item #3. �r [MP12] Parking and storage of inactive mobile food trucks. The narking or storage of mobile food trucks that are not in active operation is expressly prohibited, except when otherwise allowed by village code such as the parking of commercial vehicles, trucks, or trailers within residential zoning districts pursuant to chapter 46, article III, division 2 of village code. If otherwise allowed by village code, any parking or storage of an inactive r mobile food truck shall conform with all applicable location and screening requirements. Os Noise limitations. Except for class III ice cream trucks, a mobile food truck shall not make sounds, announcements, or amplify music to call attention to its vending or products either while traveling on public or private rights -of -way, or when stationary. All mobile food trucks, including, but not limited to, class III ice cream trucks, shall comply with the village's noise ordinance contained in chapter 30, article X of village code[MP13]. A property owner may apply fora special event permit with the village to deviate from these r requirements. Ot Restroomfacility. Mobile food trucks operating on a property for a duration of more than three (3) hours shall have a written agreement with the property owner that confirms the food truck employees have access to a flushable restroom within 400 feet of the vending location during the hours of operation. A copy of such written permission shall be maintained in the mobile food truck at all times, and shall be produced to a law enforcement officer, or village code enforcement officer upon demand. OU[MP14] Waste disposal. Mobile food trucks shall: 1 Provide for their own waste collection and removal such that no waste remains on the property; 2 Provide a waste receptable for public use; (3)Keep the surroundinu area neat and orderly at all times T (4 Remove all garbage or trash prior to departure of the mobile food truck each day; (5) Properly discard any waste material in accordance with any applicable federal, state, county, and municipal laws, rules, regulations, orders, or permits -Not, under any circumstances, release grease or any waste materials into the stormwater system, tree pits, sidewalks, streets, parking lots, or onto any private or public property:, 7 Not, at any time, discharue any fluids or toxic pollutants. 8 Class I mobile food trucks shall also have a current written agreement, with a state or local licensed facility, for the proper disposal of rease. A copy of such written agreement shall be maintained in the mobile food truck at all times, and shall be produced to a law enforcement officer. or villaize code enforcement officer upon demand. OV[MP15] Signage. Menu siens shall be affixed to the mobile food truck at all times. and mobile food trucks shall not display any products or samples off of the vehicle. Mobile food trucks shall not post or utilize any advertising, except that the prices, product descriptions and food truck name may be posted on the vehicle. No freestanding signs or advertisements, sandwich board suns, flags, balloons, streamers, flashing lights, banners, or other similar attraction devices or person(s) shall be posted or utilized to advertise -7- Page 142 of 166 Agenda Item #3. mobile food trucks. When in operation, subsection 78-745 e [MP16]of the village code shall not apply to mobile food trucks. Sec. 78-643. — Vending locations by zoning district. A mobile food truck shall be permitted to operate only on the properties designated below, unless the property owner has obtained a village -issued special event permit allowing for a deviation from these requirements. (aj Class I —Mobile food trucks. W Residential zoning districts. a. Individual single-family lots only if there is a written contractual agreement between a mobile food truck and the property owner for catering services. A copy of such written agreement shall be maintained in the mobile food truck at all times during the event, and shall be produced to a law enforcement officer, or village code enforcement officer upon demand. The term "catering services" shall not include the vending of products from the mobile food truck itself during a catered event, and does not include events that are open to the public. b. Properties owned by homeowners associations or property owners associations. C. Rental apartment complexes. Nonresidential zoning districts and mixed -use districts. Class I mobile food trucks shall be permitted on any nonresidential or mixed -use property where detail sales and restaurants [MP17]are a permitted use under the applicable zoning regulations. (3 Recreation/oven space district. [MP18iThe vending of products from a Class I mobile food truck on properties zoned as recreation/open space shall be allowed only on designated parkin areas[MP19i or pursuant to an approved special event permit from the village. b Class H — Canteen trucks. Class II canteen trucks are prohibited in all zoning districts except to provide catering to employees on -site at locations within clearly delineated boundaries of the site. Boundaries shall be delineated through the use of fencing or other materials enclosing a construction site, where there is a currently valid construction permit. Oc Class III —Ice cream trucks. W Residential zoning districts. a. Individual single-family lots only if there is a written contractual agreement between a mobile food truck and the property owner for catering services. M Page 143 of 166 Agenda Item #3. A copy of such written agreement shall be maintained in the mobile food truck at all times during the event, and shall be produced to a law enforcement officer, or village code enforcement officer upon demand. The term "catering services" shall not include the vending of products from the mobile food truck itself during a catered event, and does not include events that are open to the public. b. Properties owned by homeowners associations or property owners associations. C. Rental apartment complexes. �2 Nonresidential zoning districts and mixed -use districts. Class III ice cream trucks shall be permitted on any nonresidential or mixed -use property where retail sales and restaurants are a permitted use under the applicable zoning regulations. 3 Recreation/open space district. The vending of products from a class III ice cream truck on properties zoned as recreation/open space shall be allowed only on designated parking areas or pursuant to an approved[MP20] special event permit from the village. 4 Rights -of -way. A class III ice cream truck shall not stop, stand or park for more than ten (10) minutes, unless there are customers waiting in line to buy products. Sec. 78-644. — Penalties for violations. It shall be unlawful for any person to violate any of the provisions of this division. This division may be enforced by any means allowed by law, including, but not limited to, code enforcement citation under F.S. ch. 162, and chapter 2 of village code[MP21], or legal action. If the citation method is used to punish violators, the violation shall be treated as a civil infraction, and fines shall be set forth in the schedule of fees and charges adopted by resolution of the village council and such fines may then be revised from time to time by resolution of the village council; r r' however, any fine amount set forth in such resolution of the village council shall not to exceed five hundred dollars (5500.001 per offense. Each day a violation occurs shall constitute a separate offense and shall be punishable hereunder as a separate offense. Secs. 78-645 78-650. -Reserved. Sees. 71 Q 641f7k 600XY -.,F ky _ nnan�.vad Section 3: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta is hereby amended at Article IX. Supplemental Regulations. to create an entirely new Division 12. to reserve Sections 78-651 through 78-690 for future village purposes; providing that Chapter 78, Article IX, Division 12. shall hereafter read as follows: DIVISION 12. — RESERVED Secs. 78-651 78-690. - Reserved. Page 144 of 166 Agenda Item #3. Section 4: Each and every other section and subsection of Chapter 78. Zoning. shall remain in full force and effect as previously enacted. Section 5: All Ordinances or parts of Ordinances in conflict be and the same are hereby repealed. Section 6: Should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. Section 7: Specific authority is hereby granted to codify this Ordinance. Section 8: This Ordinance shall take effect immediately upon passage. FIRST READING this day of March, 2021. SECOND AND FINAL READING this day of April, 2021. -10- Page 145 of 166 Agenda Item #3. ATTEST: LORI MCWILLIAMS, MMC VILLAGE CLERK -11- VILLAGE OF TEQUESTA MAYOR ABIGAIL BRENNAN (Seal) Page 146 of 166 AgendaM&M2#1 v'�� OF t�'�G�J► r a h VILLAGE OF TEQUESTA Mobile food truck shall mean any vehicle that is self-propelled or otherwise movable from place to place and is used to vend food and beverage products. Food Truck Food/Beverage Cart Airstream/Trailer Lunch Wagon Canteen Truck Popcorn Cart Ice Cream Truck Hot Dog Cart etc. CHECKLIST APPLICABLE TO ALL MOBILE FOOD TRUCKS 71 CHECKLIST '41 Requirements Health and safety regulations; display of state license. A mobile food truck shall comply with all federal, state, and local health and safety regulations and requirements, and shall obtain and maintain any and all licenses required by any other health organization or governmental organization having jurisdiction over the same. The license under which the mobile food truck is operating shall be firmly attached and visible on the mobile food truck at all times, and shall be produced to a law enforcement officer, or village code enforcement officer upon demand. Comments Class 1 License from the Florida Department of Business and Professional Regulation (DBPR),, Division of Hotels and Restaurants, which regulates food trucks, and any mobile vehicle that prepares (cooks) and sells food, or Class 11 License from the Florida Department of Agriculture &Consumer Services which regulates mobile food dispensing vehicles that sell only pre -packaged and/or pre-cooked food *Requirements marked with an asterisk (J may be waived by the Village if the site property owner obtains a village -issued special event permit prior to the event taking place. Applications for special event permits shall be made by the site property owner to the village in accordance with the requirements of chapter 78, article IX, division 8 of village code. Ord.XX--2021 adopted%,4,9%_P1 47 of 166 Agenda-M&M2#3. CHECKLIST Requirements Comments 6� AW am Initial and annual fire safety inspections. The mobile food truck shall be made available for inspection by the Village of Contact the Village of Te uesta Fire Department at a location determined b the Fire q p Y Teq uesta Fire Safety Department. The Fire Department shall ensure compliance Department 1-7 - � with all applicable federal state and local fire safety statutes at 56 68 pp Y 0550 to schedule an regulations, ordinances, and codes. Subsequently, every Class I mobile food truck shall undergo p Y o an annual inspection b the inspection Village of Tequesta Fire Department. Written consent of site property owner. A mobile food truck Provide location shall not operate on any private property without the written address, consent of the site property owner. A copy of such written proof of property permission shall be maintained in the mobile food truck at all ownership, p, and times, and shall be produced to a law enforcement officer, or property owner village code enforcement officer upon demand. consent. El Stock -in -trade; storage. All materials, equipment, and stock - in -trade shall be stored entirely within the mobile food truck. Outside patron seating. No tables, chairs, umbrellas, or other ❑ furniture for patron seating may be placed outside the mobile food truck.* Food vending. Food vending shall only be conducted from the mobile food truck.* Alcohol sales. A mobile food truck shall not sell alcoholic El beverages. Provide sketch, aerial Conducting business near existing retail food establishments. map, or survey showing A mobile food truck shall not be located within 200 feet of where mobile food any existing retail food establishment during such truck will be parked and establishment's hours of operation without the prior written p p indicate the distance permission from the retail food establishment. A copy pY of such between the food truck written permission shall be maintained in the mobile food truck at all times and shall be produced to a law enforcement and the nearest existing officer, or village code enforcement officer upon demand. g p retail food establishment, *Requirements marked with an asterisk O may be waived by the Village if the site property owner obtains a village -issued special event permit prior to the event taking place. Applications for special event permits shall be made by the site property owner to the village in accordance with the requirements of chapter 78, article IX, division 8 of village code. Ord.XX--2021 adopted%,4,9%_P1 48 of 166 Agenda-M&M2#3. CHECKLIST Requirements Comment Conducting business near village -sponsored or village - sanctioned special event. A mobile food truck shall not be F-1 located within 200 feet of any village -sponsored or village - sanctioned special event, unless the mobile food truck is permitted by the village to operate at such event. Conducting business in public right-of-way. A mobile food truck, except for ice cream trucks, shall not conduct business or operate in the public right-of-way, unless the adjacent El property owner has obtained a village -issued special event permit. Where mobile food trucks are authorized tooperate, such trucks may stop, stand or park in designated parking areas on the property. However, food trucks may not park in required parking spaces. Conducting business near street intersections or pedestrian crosswalks. A mobile food truck shall not be located within � fifteen (15) feet of any street intersection or pedestrian crosswalk. Interference with vehicular and pedestrian traffic. A mobile food truck shall not impede the flow of vehicular traffic, Elsidewalks, the ingress or egress of other businesses, building entrances, or emergency exits. Limitations on number of mobile food trucks per property. No F-1 more than one (1) mobile food truck shall operate on a given property at any one time.* Provide sketch, aerial map, or survey showing where mobile food truck will be parked and indicate the distance between the food truck and the nearest special event location. Provide Special Event Permit Provide sketch, aerial map, or survey showing where mobile food truck will be parked and indicate the distance between the food truck and the nearest existing street intersection or pedestrian crosswalk Specify number of food trucks proposed *Requirements marked with an asterisk O may be waived by the Village if the site property owner obtains a village -issued special event permit prior to the event taking place. Applications for special event permits shall be made by the site property owner to the village in accordance with the requirements of chapter 78, article IX, division 8 of village code. Ord.XX--2021 adopted%,4,9%_P1 49 of 166 Agenda-M&W#3. CHECKLIST Requirements Comments kk Limitations on number of operating days. A mobile food truck Specify date(s) of shall not operate on a given property more than two (2) proposed food truck F-1 consecutive days per calendar month, and further shall not operate on a given property more than ten (10) days in total placement for each per calendar year. location Provide sketch, aerial Use of designated parking spaces. On -site parking requirements shall be maintained for the principal use of the map' or surveyshowing ❑ property. The subject site should also provide parking for the where mobile food f the f truck. The mobile f truck hall truck will be parked and customers o e food ruc e ob e food ruc s not be parked: indicate parking for food truck customers. • in a required parking space; • in a fire lane or in an area blocking a fire hydrant; • in Americans with Disabilities (ADA) accessible parking spaces or • accessible ramps; • on an unimproved surface (including but not limited to dirt, sand, grass, gravel, or vacant lot); or • in any driveway aisles, "no parking" zones, or loading - only areas. Hours of operation. A mobile food truck shall operate only Specify hours of � between the hours of 7:00 a.m. to 9:00 p.m.* operation for each date at each location. Parking and storage of inactive mobile food Mucks. The parking or storage of mobile food trucks that are not in active operation is expressly prohibited, except when otherwise allowed by village code such as the parking of commercial ❑ vehicles, trucks, or trailers within residential zoning districts pursuant to chapter 46, article III, division 2 of village code. If otherwise allowed by village code, any parking or storage of an inactive mobile food truck shall conform with all applicable location and screening requirements. *Requirements marked with an asterisk O may be waived by the Village if the site property owner obtains a village -issued special event permit prior to the event taking place. Applications for special event permits shall be made by the site property owner to the village in accordance with the requirements of chapter 78, article IX, division 8 of village code. Ord.XX--2021 adopted%�9%_P1 50 of 166 Agenda-M&M2#1 CHECKLIST Requirements kk AW Noise limitations. Except for class III ice cream trucks, a mobile food truck shall not make sounds, announcements, or amplify music to call attention to its vending or products either while traveling on public or private rights -of -way, or ❑ when stationary. All mobile food trucks, including, but not limited to, class III ice cream trucks, shall comply with the village's noise ordinance contained in chapter 30, article X of village code. A property owner may apply for a special event permit with the village to deviate from these requirements. Res troom facility. Mobile food trucks operating on a property for a duration of more than three (3) hours shall have a written agreement with the property owner that confirms the food truck employees have access to a flushable restroom within 400 feet of the vending location during the hours of operation. A copy of such written permission shall be maintained in the mobile food truck at all times, and shall be produced to a law enforcement officer, or village code enforcement officer upon demand. F-1 Waste disposal. Mobile food trucks shall: • Provide for their own waste collection and removal such that no waste remains on the property; • Provide a waste receptable for public use; • Keep the surrounding area neat and orderly at all times; • Remove all garbage or trash prior to departure of the mobile food truck each day; • Properly discard any waste material in accordance with any applicable federal, state, county, and municipal laws, rules, regulations, orders, or permits; • Not, under any circumstances, release grease or any waste materials into the stormwater system, tree pits, sidewalks, streets, parking lots, or onto any private or public property; • Not, at any time, discharge any fluids or toxic pollutants. Provide copy of property owner consent agreement. *Requirements marked with an asterisk O may be waived by the Village if the site property owner obtains a village -issued special event permit prior to the event taking place. Applications for special event permits shall be made by the site property owner to the village in accordance with the requirements of chapter 78, article IX, division 8 of village code. Ord.XX--2021 adopted%,4,9%_P1 51 of 166 Agenda-M&M2#1 CHECKLIST Requirements Comments kk AW • Class I mobile food trucks shall also have a current written agreement with a state or local licensed facilit , for the proper disposal of grease. A copy of provide co of such written agreement shall be maintained in the copy g agreement. mobile food truck at all times, and shall be produced to a law enforcement officer, or village code enforcement officer upon demand. Signage. Menu signs shall be affixed to the mobile food truck at all times, and mobile food trucks shall not display any products or samples off of the vehicle. Mobile food trucks shall not post or utilize any advertising, except that the prices, product descriptions and food truck name may be posted on ❑ the vehicle. No freestanding signs or advertisements, sandwich board signs, flags, balloons, streamers, flashing lights, banners, or other similar attraction devices or person(s) shall be posted or utilized to advertise mobile food trucks. When in operation, subsection 78-745(e), Signs on vehicles, of the village code shall not apply to mobile food trucks. DEFINITIONS Mobile food truck shall mean any vehicle that is self-propelled or otherwise movable from place to place and is used to vend food and beverage products. Mobile food trucks shall be classified as one of the following: Class I — Mobile kitchens. In addition to the vending of products allowed for class II and class III mobile food trucks, these vehicles may cook, prepare and assemble food items on or in the unit, and serve a full menu. Customers may be notified of the vehicle's location by social media or other forms of advertising. These vehicles may be classified as "mobile food dispensing vehicles," as defined by section 509.102, F.S., if they include self-contained utilities, including, but not limited to, gas, water, electricity, or liquid waste disposal. Class II— Canteen trucks. These vehicles vend fruits, vegetables, hot dogs, pre-cooked 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 heating of pre-cooked foods is allowed. A cooking apparatus or grill top for the heating of pre-cooked foods is permitted so long as it complies with state regulations. These vehicles are limited to providing catering services to employees at a specific location. These vehicles may be classified as "mobile food dispensing vehicles," as Requirements marked with an asterisk O may be waived by the Village if the site property owner obtains a village -issued special event permit prior to the event taking place. Applications for special event permits shall be made by the site property owner to the village in accordance with the requirements of chapter 78, article IX, division 8 of village code. 6 Ord.XX--2021 adopted%,4,9%_P1 52 of 166 Agenda-M&M2#1 defined by section 509.102, F.S., if they include self-contained utilities, including, but not limited to, gas, water, electricity, or liquid waste disposal. 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 or frozen water -based food products and pre -packaged beverages. These vehicles may be classified as "mobile food dispensing vehicles," as defined by section 509.102, F.S., if they include self-contained utilities, including, but not limited to, gas, water, electricity, or liquid waste disposal. PERMITTED VENDING LOCATIONS BY ZONING DISTRICT A mobile food truck shall be permitted to operate only on the properties designated below, unless the site property owner has obtained a village -issued special event permit allowing for a deviation from these requirements. Class I — Mobile food trucks. 1. Residential zoning districts. a. Individual single-family lots only if there is a written contractual agreement between a mobile food truck and the site property owner for catering services. A copy of such written agreement shall be maintained in the mobile food truck at all times during the event, and shall be produced to a law enforcement officer, or village code enforcement officer upon demand. The term "catering services" shall not include the vending of products from the mobile food truck itself during a catered event and does not include events that are open to the public. b. Properties owned by homeowners associations or property owners associations. c. Rental apartment complexes. 2. Nonresidential zoning districts and mixed -use districts. Class I mobile food trucks shall be permitted on any nonresidential or mixed -use property where retail sales and restaurants are a permitted use under the applicable zoning regulations. 3. Recreation/open space district. The vending of products from a Class I mobile food truck on properties zoned as recreation/open space shall be allowed only on designated parking areas or pursuant to an approved special event permit from the village. Class II — Canteen trucks. Class II canteen trucks are prohibited in all zoning districts except to provide catering to employees on -site at locations within clearly delineated boundaries of the site. Boundaries shall be delineated through the use of fencing or other materials enclosing a construction site, where there is a currently valid construction permit. Ord.XX--2021 adopted�pxA��ej 53 of 166 Agenda-M&M2#1 Class III — Ice cream trucks. 1. Residential zoning districts. a. Individual single-family lots only if there is a written contractual agreement between a mobile food truck and the site property owner for catering services. A copy of such written agreement shall be maintained in the mobile food truck at all times during the event, and shall be produced to a law enforcement officer, or village code enforcement officer upon demand. The term "catering services" shall not include the vending of products from the mobile food truck itself during a catered event and does not include events that are open to the public. b. Properties owned by homeowners associations or property owners associations. c. Rental apartment complexes. 2. Nonresidential zoning districts and mixed -use districts. Class III ice cream trucks shall be permitted on any nonresidential or mixed -use property where retail sales and restaurants are a permitted use under the applicable zoning regulations. 3. Recreation/open space district. The vending of products from a Class III ice cream truck on properties zoned as recreation/open space shall be allowed only on designated parking areas or pursuant to an approved special event permit from the village. 4. Rights -of -way. A Class III ice cream truck shall not stop, stand or park for more than ten (10) minutes, unless there are customers waiting in line to buy products. FOOD TR UCK SPECIAL EVENT REQUIREMENTS Gatherings of two (2) or more Class I, Class II, and/or Class III mobile food trucks on a property at any given time shall be classified as a food truck special event. In order for such events to occur, the site property owner shall be required to obtain a village -issued special event permit prior to the event taking place. Applications for special event permits shall be made by the site property owner to the village in accordance with the requirements of chapter 78, article IX, division 8 of village code. Ord.XX--2021 adopted�%,4,9%_P1 54 of 166