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HomeMy WebLinkAboutOrdinance_07-21_6/10/2021ORDINANCE NO. 07-21 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. ZONING. 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- 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 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. Lb) The placement, narking or utilization of any trailer travel trailer or temporary structure that Ls also classified as a mobile food truck as defined in Section 78-641 of village code shall -2- be allowed in all zoning districts so lone as the following conditions are met: LU 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 narking spaces daily hours of operation and storage requirements when not in active operation M Overnight parking or storage of any such trailer travel trailer or temporary structure that is also a mobile food truck is expressly prohibited except when otherwise allowed by village code. Violators of this section shall be subject to the penalties listed in chapter 78 article IX. division 11 of village code as well as any other legal action available to the village. Uc (b) 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 (e) 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. Ue (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 may be 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- 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 umt, 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 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 productssoft 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 mcludm 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 vend*m . Vend shall mean to sell or offer to sell products from a mobile food truck Village -issued special event permit shall mean a permit issued by the village for special events per the requirements of chapter 78 article IX division 8 of village code Sec. 78-642. — Requirements applicable to all mobile food trucks The following requirements shall apply to all mobile food truck operations within the village: Ua 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 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 shall be made by the property owner to the village in accordance with the requirements of chapter 78 article IX division 8 of village 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 uovernmental 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 Uc Initial and annual fire safety insnectionr The mnh;la fnnrl t,,,,.v t, it >+ a , , , `��' �= u�+n J110.11 v� 111auC 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 Villa e of Te uesta Fire Department �d Written consent ofnronerty owner. A mobile food truck �ha�j,�jj Ll not overate 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 ee 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 it event perm 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 Food vending—,- Food vending shall only be conducted from the mobile food truck unless the property owner has obtained a village issued special event permit Uh Alcohol sales. A mobile food truck shall not sell alcoholic beverages unless the property owner has obtained a village -issued special event permit. Qi Conducting business near existing retail food establishments A mobile food truck shall not be located within 200 feet of anexistingretail food establishment dune such establishment's hours of operation without the prior written Pqrmission from the retail food establishment A copy of such wntten 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 anv village -sponsored or village sanctioned special eventunless the mobile food truck is permitted by the village to operate at such event. kk Conducting business in public right-of-way. A mobile fbood truck except for ice � avt 1VV 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 nark in designated narking areas on the property. 1 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 Lm 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 emergency exits, unless the property owner has obtained a village issued special event permit Ln. 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 obtamnt ed a village -issued special event Uo Limitations on number ofoperating 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 ro ertv owner has obtained a village -issued special event permit Use of designated parking spaces On site parking requirements shall be maintained for the principal use of the property. The subject site should also provide parking for the customers of the food truck. The mobile food truck shall not be parked• 1 in a required parking space 2 in a fire lane or in an area blocking a fire hvdrant- 3 in Americans with Disabilities (ADA) accessible narking spaces or accessible ramps- on an unimproved surface (including but not limited to dirt, sand grass, or vacant lot); or 4JJ gravel, in any driveway aisles "no parking" zones or loading only areas Hours ofoperation. 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 well Lr Parking and storage of inactive mobile food trucks. The narking or storage of mobile food aiavvaa�. avvu 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 motile food truck shall conform with all applicable location and screening requirements Us 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 chanter 30 article X of village code A property owner may apply for a special event permit with the village to deviate fromvti. v from 111eJ4 requirements. t Restroom 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 conf- 111s 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. Uu 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 surrounding area neat and orderly at all times; Remove all garbage or trash prior to departure of the mobile food truck each day M5 Properly discard any waste material in accordance with any applicable federal state county, and municipal laws rules regulations orders or permits• 06 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: U7 Not at any time discharge any fluids or toxic pollutants L8 Class I mobile food trucks shall also have a current written agreement with a state or local licensed facility, for the proper disposal of grease A cony 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 village code enforcement officer upon demand. Wv 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. �7 utilized -- -- ivvu uuV1�J. - / When in operation, subsection 78-745(e) of the village code shall not apply to mobile fond 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 Ua Class I — Mobile food trucks lW 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 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/o en 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. bW 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 Oc. Class III — Ice cream trucks D Residential zoning districts a. Individual sin le -family lots only if there is a written contrart„al agre4 me t VlllVlll V between a mobile food truck and the property owner for catering services. A cony 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 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 anproved special event permit from the villag=e. - Rights -of -way. A class III ice cream truck shall not stop_ stand or nark for more than ten (10) minutes, unless there are customers waiting ;n line to buy products Sec. 78-644. — Penalties for violation 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 chanter 2 of village code 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; however, any fine amount set forth in such resolution of the village council shall not to exceed five hundred dollars ($500.00) 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 - Re erved, Sees. 78 641 78-690. Resery 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 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. -10- ORDINANCE Date 7-21 6/10/2021 Motion Vice -Mayor Kyle Stone Mayor Frank D'Ambra,lll Vice -Mayor Kyle Stone Council Member Laurie Brandon Council Member Molly Young Council Member Bruce Prince Upon Second Reading Second Council Member Laurie Brandon FOR AGAINST ABSENT CONFLICT n 0 11 F M ® r El ® r M r ri The Mayor thereupon declared the Ordinance duly passed and adopted. MAYOR OF TEQUESTA: =� WS Frank D'Ambra, III ATTEST: �v�PORgTCi Q' VO c�` ••:c1 SEAL. .INCORPORATED:: -,s E 4, Lorf McWilliams, MMC Village Clerk