Miami-Dade Legislative Item
File Number: 112611
   Clerk's Official Copy   

File Number: 112611 File Type: Ordinance Status: Adopted
Version: 0 Reference: 11-92 Control: County Commission
File Name: ORDINANCE PROVIDING FOR MOBILE SALES & MOBILE FOOD SERVICES Introduced: 12/13/2011
Requester: Sustainability, Planning & Economic Enhancement Cost: Final Action: 11/15/2011
Agenda Date: 11/15/2011 Agenda Item Number: 7G
Notes: THIS IS FINAL VERSION AS ADOPTED. ALSO SEE 112365. Title: ORDINANCE PERTAINING TO ZONING; AMENDING SECTION 33-1 AND CREATING SECTION 33-14.1 OF THE CODE OF MIAMI-DADE COUNTY; AUTHORIZING MOBILE SALES AND MOBILE FOOD SERVICE OPERATIONS; REQUIRING COUNTY MAYOR OR DESIGNEE TO REPORT ON IMPLEMENTATION OF THIS ORDINANCE WITHIN ONE YEAR OF EFFECTIVE DATE; PROVIDING SUNSET CLAUSE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE (SEE ORIGINAL ITEM UNDER FILE NO. 112365)
Indexes: NONE
Sponsors: Audrey M. Edmonson, Prime Sponsor
Sunset Provision: Yes Effective Date: 11/25/2011 Expiration Date: 5/25/2013
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

County Attorney 12/13/2011 Assigned Abbie N. Schwaderer

County Mayor 12/13/2011 Assigned County Attorney 11/15/2011
REPORT: SPEED (Amended version to 112365 to add the words “Traveling” and “…church” to the last sentence on handwritten page 7, subsection (a) and the language would read as follows: “Traveling mobile operations are also permissible in the residential zoning districts on properties having a current certificate of use and occupancy as museum, hospital or school and church...”) - Comm. Edmonson Sponsor

County Mayor 12/13/2011 Assigned Ed Marquez

Board of County Commissioners 11/15/2011 7G AMENDED Adopted as amended P
REPORT: Commissioner Heyman recused herself from voting on the foregoing proposed ordinance. Mr. Eric Silva, Permitting, Environment & Regulatory Affairs Department, read amended language into the record for the Board’s consideration. The Board, by motion duly made, seconded and carried, adopted the foregoing proposed ordinance as amended to add the words “Traveling” and “…church” to the last sentence on handwritten page 7, subsection (a) to read as follows: “Traveling mobile operations are also permissible in the residential zoning districts on properties having a current certificate of use and occupancy as museum, hospital or school and church.”

Legislative Text


TITLE
ORDINANCE PERTAINING TO ZONING; AMENDING SECTION 33-1 AND CREATING SECTION 33-14.1 OF THE CODE OF MIAMI-DADE COUNTY; AUTHORIZING MOBILE SALES AND MOBILE FOOD SERVICE OPERATIONS; REQUIRING COUNTY MAYOR OR DESIGNEE TO REPORT ON IMPLEMENTATION OF THIS ORDINANCE WITHIN ONE YEAR OF EFFECTIVE DATE; PROVIDING SUNSET CLAUSE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI DADE COUNTY, FLORIDA:
Section 1. Section 33-1 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Sec. 33-1. Definitions.

* * *

(70.2) Mobile Food Service Operation – The preparation/cooking, serving and/or sale of food conducted from a portable stand, vehicle or trailer. Each such stand, vehicle or trailer shall be considered a mobile food service operation. >>Mobile food service operations must be licensed by the State of Florida.<<

(70.3) Mobile Sales Operations - [[The provision of services or sales]] >>Sales of products, limited to flowers, plants and produce,<< that are conducted from a portable stand, vehicle or trailer. Each such portable stand, vehicle or trailer shall be considered a mobile sales operation.
(70.4) Mobile Operations – as referred in this chapter shall mean mobile food service >>operations<< and mobile sales operations.

* * *

Section 2. Section 33-14.1 of the Code of Miami-Dade County, Florida, is hereby created as follows:
Sec. 33-14.1. Mobile sales and mobile food service operations.

(A) Notwithstanding any provisions of this Chapter to the contrary, mobile sales operations, as defined in Section 33 1(70.3), and mobile food service operations, as defined in Section 33-1(70.2) of this Code (collectively defined as mobile operations under Section 33-1(70.4)) are permissible on private property subject to the following conditions:

(1) General requirements:

(a) Mobile operations are permissible only in the following zoning districts: BU, IU, urban center, urban area, and GU (where trended for industrial, or business use). Traveling mobile operations are also permissible in residential zoning districts on properties having a current certificate of use and occupancy as a museum, hospital, school or church.

(b) Mobile operations may only be conducted from 7 a.m. to 10 p.m. on weekdays and from 7 a.m. to 11 p.m. on weekends.

(c) Mobile operations shall not be located in any driveway aisles, no parking zones, loading areas, or parking lanes, nor may mobile operations impede the on-site circulation of motor vehicles.

(d) Mobile operations shall not be located on the public right-of-way.

(e) Mobile operations are permissible on vacant, unimproved property only when approved as a special event pursuant to Section 33-13(h) of this Code.

(f) Mobile operations shall be located a minimum of 20 feet from the property line of an existing residential use, except that mobile operations may be located at a minimum of 10 feet from the property line if the residential use is separated by a six (6) foot high masonry wall.

(g) Alcoholic beverage sales are prohibited.

(h) Electric service connection to an on-site approved outlet is permitted provided that no wiring or cables are run beyond the vending area or pose any danger to the patrons. For purposes of this requirement, the vending area includes the space taken up by: a portable stand, vehicle, or trailer; signs; equipment; products; and any tents, tarpaulins, canopies, or awnings.

(i) Use of sound amplification devices is prohibited.

(j) Each operator of a mobile operation shall obtain a Certificate of Use (CU), renewable on an annual basis. The application package shall include at a minimum the following information:
(1) Narrative from the applicant describing the operation and its hours of operations.
(2) For mobile food service operators, a copy of the required State license for food service establishments.

(2) Stationary mobile operations. These are mobile operations that operate from the same site for more than six days within a thirty-day time period. The property owner is responsible for ensuring that all mobile operations operating on the site have obtained a Certificate of Use.

(a) The number of stationary mobile operations permissible on a site at any one time shall be limited as follows:
(1) One (1) mobile operation may be permitted on each site which contains a minimum of 10,000 square feet of net lot area.
(2) An additional mobile operation may be permitted for each additional 50,000 square feet of net lot area, up to a maximum of three (3) mobile operations per site.

(b) Stationary mobile operations shall not be located in required parking spaces unless the number of spaces exceeds the minimum amount required for the other uses on the property.

(c) In addition to the CU obtained by the mobile operation, a CU must also be obtained by the property owner to permit stationary mobile operations on the site. A site plan or survey shall be submitted indicating the following:
(1) Location of the individual mobile operations. Mobile operations shall be located so as to minimize the impacts on adjacent residential uses.
(2) Location of improvements on the site
(3) Location of on-site parking areas.
(4) Rights-of-way, internal circulation and ingress and egress.

(3) Traveling mobile operations. These are mobile operations that do not operate from the same site for more than six days within a thirty-day time period. Traveling mobile operations must be removed from the site when not in operation.

(a) In addition to the CU obtained by the mobile operation, the property owner must also obtain a CU or amend a current CU to allow for traveling mobile operations. The number of days mobile operations may locate on a given site shall be limited to six days within a thirty-day time period.

(b) The number of traveling mobile operations permissible on a site at any one time shall be limited as follows:
(1) One (1) traveling mobile operation may be permitted on each site which contains a minimum of 10,000 square feet of net lot area.
(2) An additional traveling mobile operation may be permitted for each additional 30,000 square feet of net lot area, up to a maximum of five (5) mobile operations per site.
(3) Mobile operations in excess of these thresholds may only be permitted as a special event pursuant to Section 33-14.1(e) of this Code.
(4) Sites that have a CU for stationary mobile operations may also contain traveling mobile operations provided that the cumulative total does not exceed the thresholds outlined above. In no event shall the number of stationary mobile operations exceed three.

(c) The operator of a traveling mobile operation must be able to produce for inspection: a copy of a letter or other written communication from the property owner or representative that authorizes the mobile operation and, for mobile food service operators, a copy of the applicant’s required State license for food service establishments.

(B) If it is found that a mobile operation is operating in manner not consistent with the representations made in the application package provided to the Department, the Director shall have the authority to revoke the CU of the mobile operation and/or the property owner immediately.

(C) Except as otherwise provided in this Code, it is unlawful to conduct mobile operations in any outdoor location without first obtaining a CU in accordance with the provisions of this Section.

(D) Existing mobile operations operating prior to the effective date of this ordinance shall have 180 days from the effective date to obtain a CU and otherwise comply with the terms of this Section.

(E) Mobile operations located at County parks, sports stadiums or racetracks during events shall be exempt from the requirements of this Section but must otherwise comply with all other applicable requirements in this Code.

Section 3. Within one (1) year of the effective date of this ordinance, the County Mayor or the Mayor’s designee shall prepare a report for the Board of County Commissioners on the implementation of this ordinance.
Section 4. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 5. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 6. This ordinance shall sunset and stand repealed eighteen (18) month after its effective date.
Section 7. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.

HEADER
Date:

To: Honorable Chairman Joe A. Martinez
and Members, Board of County Commissioners

From: Carlos A. Gimenez
Mayor

Subject: Proposed Zoning Ordinance Providing for Mobile Sales and Mobile Food Service Operations

This item was amended at the November 15, 2011 meeting of the Board of County Commissioners to indicate in the last sentence of subsection 33-14.1(1)(a) that only “traveling” mobile operations are permissible in residential zoning districts on properties having a current CU and occupancy as a museum, hospital or school. In addition, properties with a current CU and occupancy for a church were added to the list of areas where traveling mobile operations are permissible in residential zoning districts.

STAFF RECOMMENDATION
Recommendation
It is recommended that the Board of County Commissioners adopt the attached ordinance providing for mobile sales and mobile food service operations on private property.

Scope
The proposed ordinance applies to the unincorporated areas of Miami-Dade County.

Fiscal Impact/Funding Source
The proposed ordinance creates no fiscal impact on Miami-Dade County.

Track Record/Monitor
The Department of Permitting, Environment and Regulatory Affairs will administer the implementation of this ordinance.

MANAGER'S BACKGROUND
Background
More and more, sales and services are going mobile to meet the demands of an increasingly time-constrained society. This trend is reflected in the number of mobile operations such as flower stands and food trucks springing up around the nation. Many of these mobile operations portray unique designs and cater to pedestrians; thus, contributing to the vitality of publicly-accessible spaces.
In the current business climate, many start-up businesses cannot afford the high overhead associated with a brick-and-mortar establishment. Mobile operations can provide an opportunity for these businesses to establish a foothold in the market and potentially evolve into an established facility.
The proposed ordinance will allow for mobile operations on private, improved property zoned commercial, industrial, urban center districts, and GU (where trended for industrial or commercial use). The proposed ordinance will also provide a process by which a mobile operation may obtain a Certificate of Use as well as regulatory criteria for the operation of these operations. The proposed ordinance includes a sunset clause whereby it shall stand repealed eighteen (18) month after its effective date. Within one (1) year of the effective date of the proposed ordinance, the County Mayor shall prepare a report for the Board of County Commissioners on the implementation of this ordinance.


_________________________
Deputy Mayor



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