Miami-Dade Legislative Item
File Number: 130346
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File Number: 130346 File Type: Ordinance Status: Adopted
Version: 0 Reference: 13-42 Control: Board of County Commissioners
File Name: PROPOSED ZONING ORDINANCE FOR MOBILE OPERATIONS Introduced: 2/21/2013
Requester: Regulatory and Economic Resources Cost: Final Action: 5/7/2013
Agenda Date: 5/7/2013 Agenda Item Number: 7D
Notes: SUNSET REPEALED Title: ORDINANCE RELATING TO ZONING; AMENDING SECTIONS 33-1, 33-14, 33-14.1 AND 33-243 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; REAUTHORIZING AND AMENDING THE PROVISIONS REGULATING MOBILE SALES AND MOBILE FOOD SERVICE OPERATIONS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: ZONING ORDINANCE
Sponsors: Audrey M. Edmonson, Prime Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

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

Board of County Commissioners 5/7/2013 7D Adopted P
REPORT: Assistant County Attorney Abigail Williams read the foregoing proposed ordinance into the record. Due to a conflict of interest, Commissioner Heyman recused herself from considering this item and left the chambers. It was moved by Commissioner Edmonson that the Board adopt the foregoing proposed ordinance. This motion was seconded by Commissioner Diaz; and the item was opened for discussion Commissioner Moss asked whether any remedies existed to address nuisances, in terms of licensing. Mr. Eric Silva, Director of Regulatory and Economic Resources (RER) noted each site was required to apply for and present a certificate of use (CU) with a plan that reflected the destination of the trucks, followed by periodic inspection by RER staff. Commissioner Moss inquired about the steps that would be taken if a complaint was made by a community resident, which was verified by staff to be legitimate, regarding a violation such as parking, or disturbing noise. Mr. Silva noted the applicant would be notified with a written warning, and this would be followed by a violation fee. He said that a list of requirements was included in the ordinance that specifically provided instructions pertaining to acceptable truck location, number of parking spaces, and size of vending area; he added that potential vendors submitted a plan that was kept on file. Pursuant to a question be Commissioner Moss concerning the appearance of the vending trucks, Mr. Silva noted the ordinance provides boundaries regarding the set-up of vending locations, and a recent signage requirement was implemented. He explained that the condition of the trucks, in terms of a health and safety, was regulated by the State. Mr. Silva said that the ordinance did not contain any specific requirements regarding the appearance of the trucks. Assistant County Attorney Craig Coller advised that there was provision on handwritten page 10 which stated that that non-compliance with the terms of the CU could result in the CU being revoked. Hearing no further questions or comments, the Board members proceeded to vote on the foregoing proposed ordinance. Commissioner Diaz apologized for his tardiness, and announced the ground-breaking ceremony in Sweetwater for the new IKEA Home Store that would provide 350 new jobs in the West of Miami-Dade County. Commissioner Diaz recognized Alejando Moreno, a student of Northwestern University, Boston, who has been serving as an intern and representative of the Youth Commission.

Land Use & Development Committee 4/11/2013 1E3 Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Dennis Kerbel read the foregoing proposed ordinance into the record. Chairman Diaz opened the public hearing and called for persons wishing to appear before the Committee in connection with this proposed ordinance. Chairman Diaz closed the public hearing after no one appeared wishing to speak, and the Committee members proceeded to vote on the foregoing proposed ordinance, as presented.

Board of County Commissioners 3/5/2013 Tentatively scheduled for a public hearing Land Use & Development Committee 4/11/2013

Board of County Commissioners 3/5/2013 4D Adopted on first reading 4/11/2013 P
REPORT: The foregoing proposed ordinance was adopted on first reading and scheduled for a public hearing before the Land Use & Development Committee on April 11, 2013 at 9:30 a.m.

County Attorney 2/21/2013 Assigned Abbie N. Schwaderer

County Mayor 2/21/2013 Assigned County Attorney 3/5/2013
REPORT: RER (first reading) - Comm. Edmonson Sponsor - pending cmte assignment - Attachment: Sunset Review Report

County Mayor 2/21/2013 Assigned Jack Osterholt 2/21/2013

Legislative Text


TITLE
ORDINANCE RELATING TO ZONING; AMENDING SECTIONS 33-1, 33-14, 33-14.1 AND 33-243 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; REAUTHORIZING AND AMENDING THE PROVISIONS REGULATING MOBILE SALES AND MOBILE FOOD SERVICE OPERATIONS; 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.

For the purpose of this chapter, the following definitions for terms used herein shall apply to all sections of this chapter unless the context clearly indicates otherwise:

* * *
(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 >>obtain all required licenses from<< [[be licensed by ]]the State of Florida>> prior to operating in Miami-Dade County<<.
(70.3) Mobile Sales Operations. 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. >>The distribution of box lunches in compliance with Section 33-14 shall not constitute a mobile operation.<<

* * *

Section 2. Section 33-14 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Sec. 33-14. - Box lunches, distribution.

No person shall distribute box lunches in the unincorporated areas of the County until such person has obtained >>all required permits from the County and the State of Florida<<[[a permit from the Director]].

[[Such permit]]>>The distribution of box lunches<< shall be subject to the following restrictions:
(1) >>A box lunch operation shall only be permitted to stop temporarily on private property and only when actively serving customers. Once all transactions are complete, the box lunch operation must vacate the premises.<< No selling to be conducted on, or from, the public right-of-way and such sales to be made only from private property on which is located the use whose employees desire the service, and then only with the consent of the owner of such private property. (In the event active construction prevents access to private property, a temporary stop may be made on right-of-way.)
(2) The uses to be served to be confined to industrial and manufacturing plants, including commercial uses such as garages and the like, and such uses also to include the servicing of building projects under active construction.
(3) Owners of the box lunch business to be responsible for the action of their drivers and salesmen, and that such drivers and salesmen to do everything possible to prevent and eliminate the scattering of food, cups, napkins, etc., at their stops.
(4) That such business shall have a properly authorized and licensed place of business.
(5) That if any time following the issuance of such permit it shall appear to the Director that the holder of same has [[wilfully]]>>willfully<< violated the above restrictions, such permit shall be canceled with approval of the County Commission.

Section 3. Section 33-14.1 of the Code of Miami-Dade County, Florida, is hereby amended to read 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:]]
>>(1)<<[[(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 m]]>>M<> provided such use does not operate more frequently than once per week and no longer than three consecutive days<<.
>>(2)<<[[(b)]] Mobile operations may only be conducted from 7:00 a.m. to 10:00 p.m. on weekdays and from 7:00 a.m. to 11:00 p.m. on weekends.
>>(3)<<[[(c)]] Mobile operations shall not be located in any driveway aisles, no parking zones, >>landscaped area, <>>(4) Mobile operations shall not be located in required parking spaces unless the number of spaces exceeds the minimum amount required for other uses on the property. The utilization of an off-street parking space for the operation of a mobile operation must not cause the site to become deficient in required off-street parking.<<
>>(5)<<[[(d)]] Mobile operations shall not be located on the public right-of-way.
>>(6)<<[[(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.
>>(7)<<[[(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.
>>(8) The total space dedicated to the mobile operation and vending area shall not exceed an area of six hundred (600) square feet.<<
>>(9)<<[[(g)]] Alcoholic beverage sales >>and use of sound amplification devices<< are prohibited.
>>(10)<<[[(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.]]
>>(11) A Certificate of Use (CU) must be obtained by the property owner to permit mobile operations on the site. A site plan or survey shall be submitted indicating the following:
(a) Location of the individual mobile operations and associated vending area. Mobile operations shall be located so as to minimize the impacts on adjacent residential uses.
(b) Location of improvements on the site.
(c) Location of on-site parking areas.
(d) Rights-of-way, internal circulation and ingress and egress.<<
[[(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.]]
>>(12) Signage associated with the mobile operation shall be confined to the mobile operation and authorized vending area. Signage attached to the mobile unit shall be permitted. Detached signage shall be limited to one sign not exceeding nine (9) square feet.<<
[[(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.]]
>>(13)<<[[(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.
>>(3) Mobile operations in excess of these thresholds may only be permitted as a special event pursuant to Sections 33-13(g) and 33-13(h) of this Code.<<
[[(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) The operator of a 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.<<
[[(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 4. Section 33-243 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
ARTICLE XXIV. - BU-1, NEIGHBORHOOD BUSINESS DISTRICT

* * *

Sec. 33-243. - Prohibited uses.

Sale of fruit or merchandise from trucks, wagons or other vehicles parked on or along public or private streets [[or from open stands or vacant lots]] shall be prohibited. [[Such business on private or public property shall be conducted only from within approved permanent substantial buildings.]]

Section 5. 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 6. 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 7. The sunset provision contained in Ordinance 11-92 is hereby repealed.
Section 8. 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 Chairwoman Rebeca Sosa
and Members, Board of County Commissioners

From: Carlos A. Gimenez
Mayor

Subject: Proposed Zoning Ordinance Reauthorizing and Amending the requirements for Mobile Operations


Recommendation
It is recommended that the Board of County Commissioners (Board) adopt the attached ordinance reauthorizing and amending the requirements for Mobile Operations.

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

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

Track Record/Monitor
Eric Silva, Assistant Director for the Development Services Division of the Department of Regulatory and Economic Resources (RER), will be responsible for the administration and implementation of this ordinance.

Background
On November 15, 2011, the Board of County Commissioners adopted Ordinance No. 11-92 which provided for the operation of mobile sales and mobile food service operations (collectively Mobile Operations) on improved private property in the commercial, industrial zoning districts as well as limited properties in the residential zoning districts. The ordinance contained a sunset provision which indicated that the regulations shall stand repealed 18 months after adoption unless reauthorized by the Board. Further, at adoption, the Board directed the administration to compile a report on the implementation of the regulations to inform the Board’s decision. The attached report provides the information necessary to allow the Board to consider the reauthorization of Board Ordinance No. 11-92.

During the drafting of the attached report, feedback was compiled from industry representatives, the Zoning Permitting Division of RER and the Miami-Dade Police Department to identify issues encountered in the implementation of the provisions. Feedback focused on two main areas: regulations and permitting requirements. To address the feedback related to the permitting and regulations, the proposed ordinance contains the following amendments to the current regulations:
* Amend Ordinance 11-92 to remove the requirement for each mobile operation to obtain a Certificate of Use.
* Limit the timeframe mobile operations may operate on churches, schools, museums and hospitals in residential districts to no more than once per week and not to exceed three consecutive days.
* Simplify the regulations to remove the distinction between “traveling” and “stationary” operations. All mobile operations will be subject to the current regulations for “stationary” operations.
* Amend the sign regulations to allow one detached sign not to exceed nine square feet within the authorized vending area.
* Clarify that the total area dedicated to the mobile operation and vending area shall not exceed 600 square feet and shall not be located within required parking or landscaped areas.
* Amend the definition for “mobile operations” to exclude lunch trucks (as regulated by Section 33-14 of the Code). To further distinguish the uses, amend Section 33-14 to clarify that lunch trucks are only permitted to a make “temporary stop” on private property while making a sale.




_________________________
Jack Osterholt, Deputy Mayor
Honorable Chairwoman Rebeca Sosa
and Members, Board of County Commissioners
Page 2




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