Fort Walton Beach Ordinance — 2010--Roadside and Mobile Vendors — reading text

READING ri s' r. '' r isc 4_.3 i 2nd ORDINANCE 2010 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING CHAPTER 5, ACCESSORY, TEMPORARY, AND SPECIAL USE SITUATIONS OF THE LAND DEVELOPMENT CODE TO AMEND ROADSIDE AND MOBILE VENDOR REGULATIONS; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA AS FOLLOWS: Section 1. Authority and Intent The authority for enachnent of this ordinance is contained in Chapter 166A21, 1633202, and other provisions of the Florida Statutes and Section 2 of the City Charter. Section 2. Amendment of Section 5. 02.03— Roadside and Mobile Vendors Section 5. 02. 02. - Generally is hereby amended as follows: A. Applicability. Unless otherwise specified, roadside and mobile vendors conducting retail sales or displays are permissible as a temporary use in the MX-1, MX-2, MB, and CG zoning districts in accordance with the standards of this section. B. Unless otherwise specified, temporary uses subject to this section shall not exceed fifteen 15) days in any one ( 1) month. C. A temporary use permit is required according to the requirements of the Florida Building Code. D. Standards for roadside and mobile vendors 1. The applicant shall possess a valid City Business Ta c Receipt. 2. The applicant shall have written permission from the property owner and the business owner of the site on which the roadside or mobile vendor is proposed. 3. The applicant shall demonstrate that the proposed use meets all applicable City, Okaloosa County, and State requirements, including, but not limited to a Florida Department of Professional and Business Regulation Mobile Food Dispensing Vehicle License and/ or Public Food Service License, if applicable. Proof of an approved Florida Plan Review for hot dog carts and other mobile vendors shall also be submitted, if applicable. 4. The proposed use shall provide sufficient on-site parking. 5. The proposed use shall not be located in or block a fire lane. 6. The hours of operation shall be appropriate for the location. 7. The proposed use shall not block or impede any roadway, driveway, accessway, or sidewalk in a way that hinders normal traffic flow or pedestrian traff'ic flow.  8. The applicant sha11 demonstrate proper control of sanitation and litter associated with the proposed use. 9. The applicant shall demonstrate that the proposed use includes proper restroom facilities available during all hours of operation. E. Stationary Food Trucks ( SFT) and Stationary Food Dispensin Vehicles ( SFDV 1. SFT and SFDV vendors conductin retail sales or displa s are permissible in the MX- 1, MX-2, MB, CF, CTP and CG zoning districts. 2. Definitions. a. Stationary Food Truck/ Stationary Food Dispensin Vehicle: Refers to Itinerant Vendors that operate in either a self-propelled vehicle or other trailer/vehicle moved bv a self-propelled vehicle. b. Mobile service base: A place for food stora e, the cleanin of the equipment, the filling of water tanks and proper disposal of waste water and rease and does not include the use of a private home as a mobile service base. c. Vend: To sell or offer to sell products from a mobile food truck dispensin vehicle. 3. In addition to the standards for roadside and mobile vendors in Section 5. 02. 03 D stationarv food trucks and stationary food dispensin vehicles shall be subject to the following standards. a. Transferabilitv: Ownership of a SFT andlor SFDV permit shall not be transferred. b. SFT and/ or SFDV permits shall be valid for a period of time not to exceed one vear( 365 davs) from the date of issuance. c. The applicant shall obtain all applicable City building permits for the installation of the SFT and/ or SFDV for improvements including but not limited to temporary/ accessorv structures, site improvements, li tin, si nagye, and utilities prior to issuance of SFT and/ or SFDV permit. d. The applicant shall demonstrate that all applicable Citv fees includin?, but not limited to, permittin, business tax receipt and impact fees have been paid prior to issuance of SFT and/ or SFDV permit. e. All equiument and/ or utilities associated with the SFT and/ or SFDV shall be screened from ublic view. The SFT and/ or SFDV shall not contain anv structural defects i.e. rust, broken parts, holes) and shall contain surfaces that are readilv cleanable. f. The applicant shall demonstrate that the SFT and/ or SFDV meets all setback requirements in the applicable zoning district. F Temporary Auto Sales• Temporary auto sales are permissible if conducted bv a dealership licensed bv the Florida Department of Motor Vehicles with a permanent sales location within Okaloosa County, Florida. 1 Temporary auto sales shall be allowed for a m imum of fifteen ( 15) consecutive days, two ( 2 times per calendar vear per dealership Dates of operation will include dates to assemble and dismantle ecLuipment and/ or structures.  2. No more than one ( 1) temporary auto sales event shall be allowed on anv parcel of land and/ or lot at anv iven time. Section 3. Findings The City Council of Fort Walton Beach finds that the Local Planning Agency reviewed and recommended approval of the ordinance on April 4, 2019. The City Council of Fort Walton Beach finds that the proposed ordinance is consistent with the goals, objectives, and policies of the City' s Comprehensive Plan. The City Council of Fort Walton Beach finds that all notice requirements for enactment of the ordinance have been met in accordance with the Florida Statutes and the City' s Land Development Code. Section 5. Effective Date This Ordinance shall ta.ke effect immediately upon approval on second reading by City Council and signature of the Mayor. Adopted: a ' F roti ichard A. Rynearson, yor o i Attest: roved for form, legal s ency r Kim Barnes, City C erk ; ar ykes, Jr., C' o y Additions are underlined;  NORTNWEST ftORIDA i; DailyNews nwfdailynews.tom Published Daily O Fort Walton Beach, Florida Or - Disfibuted in Okaloosa, Santa Rosa& Walton Counties sioseaoN — STATE OF FLORIDA FoaT WALTON. B CH, FLORIDA,; COLTNTY OF OKALOOSA CRY OF FORT WA4 TON BEACH, fLOR- AMENDiNO CHAPTER IDA NOTICE OF PUB- I S,P ACCESSORY, R Y AND TEM- SPE- ersonall Y aPP eared Ashle Y UC HEARING Before the undersi g ned authorized P ciA use sirua- that she is an employee of ONS OP TNE LAND Abraham, who on oath says A PUBLIC HEARING D E V E L O P M E N T will be held on the fol• Gatehouse Media Group, owner of the Northwest Florida Dail Y CODE TO AMEND O1N no ordinences ac pOADSIDE AND M0. News, a dail y news p ap er p ublished at Fort Walton Beach, in e: 00 p. m. on Tueadey, BILE VENDOR REOU- of May 2, zois, in ne pT10NS; AND PRO- Okaloosa County, Florida; that the attached copy Council Chember at y DING AN EFFEC- advertisement, being a Fort Welton Beach City T1VE DATE. Hall, 107 Miracle Strip NOTICE OF PUBLIC IiEARING Perkwey SW, at which nme cne City Councll