A. Purpose and Intent. The purpose of this section is to provide for the regulation of mobile vending activities, including assembly on public and private property, in certain commercial and mixed use zoning districts of the city, in order to promote the public interest by contributing to an active and attractive pedestrian environment. In recognition thereof, reasonable regulation of mobile vending is necessary to protect the public health, safety, and welfare and the interests of the city in the primary use of public streets, sidewalks, and parking areas, for use by vehicular and pedestrian traffic.
B. Definitions. See Chapter 1, Article II for specific definitions applicable to mobile vending units (MVU).
C. Approval Required. It shall be unlawful for any establishment or organization to engage in or carry on the business of vending food, goods, or services, upon public or private property in the city without first having secured a permit or permits as required by this section. See Chapter 2, Article II, Section 7.C. for the process and procedure to obtain approval for an MVU.
It is not the intent of these Regulations to be applied to mobile vendors temporarily approved in conjunction with a special sales event or Special Event Permit. See Section 6 above for additional regulations regarding special sales events.
D. Districts. The operating area of an MVU shall be entirely located in the following zoning districts: C-1, C-2, C-3, C-4, CBD, PCD, SMU, MU-1, MU-2, MU-3, MU-4, MU-C, M-1, PU, REC, PUD, and PID.
E. Compatibility. The use of an MVU shall be compatible with the public interest. In making such a determination, staff shall consider the type and intensity of use, the width of pedestrian walkways, the width and type of drive aisles; location of fire lanes; fire hydrants; distance from intersections and major driveways; the proximity and location of existing street furniture, including but not limited to traffic control devices, signposts, lampposts, parking meters, benches, phone kiosks, mailboxes, fire hydrants, landscaping, trees, buffer yards, public art and refuse containers, as well as the presence of truck loading zones. Staff shall also consider established and emerging pedestrian and vehicular traffic patterns, as well as other factors it deems relevant in determining whether or not the proposed use would diminish required parking or result in congestion of the public and private ways, on-site traffic circulation patterns, or the creation of a safety hazard.
F. Location Criteria. An MVU shall be permitted to operate throughout the city in approved zoning districts once a business tax receipt or certificate of use has been issued; utility service connections are only permitted once an approved building permit has been issued. In addition, an MVU must comply with the following location criteria, whichever is applicable:
1. Public Property. An MVU, located on public property, shall comply with the following requirements:
a. Maximum Area. An MVU shall not occupy an operating area of more than four hundred twenty (420) square feet of space, including the unit, operator, trash receptacle, signage, merchandise, and covering, if applicable, per site. A single entity may request approval for more than one (1) MVU per site.
b. Maximum Dimensions. An MVU shall not exceed ten (10) feet in width by forty (40) feet in length.
c. Maximum Height. The maximum height of an MVU, including any covering, such as its canopy, umbrella, and/or transparent enclosure, shall not exceed fifteen (15) feet, excluding venting equipment.
d. Sidewalks. An MVU vendor located on a public sidewalk shall not:
(1) Vend at any location where the sidewalk is less than ten (10) feet in width;
(2) Vend within twenty (20) feet of an entrance to any building, bus stop sign, driveway, stop sign, or cross walk of any intersection; and
(3) Obstruct the view of any directional sign, traffic control sign, or device.
2. Private Property. An MVU is allowed on private property, provided that it complies with the following regulations:
a. Class "A" MVU. An MVU is considered "Class 'A'" if it is less than seven (7) feet in height, including its canopy, umbrella, and/or transparent enclosure and if the operating area is seventy- two (72) square feet or less, including the unit, operator, and trash receptacle. This class includes carts and small trailers.
A Class "A" MVU may be placed within off-street parking spaces but shall be restricted to excess parking spaces only. It shall not obstruct or impede critical vehicular use movements or otherwise create a hazard.
b. Class "B" MVU. An MVU is considered "Class 'B'" if it is either greater than seven (7) feet in height or in excess of seventy-two (72) square feet in operating area, or both. This class includes carts, trailers and vehicles in excess of the size limitations of a Class “A” MVU.
A Class “B” MVU shall be allowed on all sites greater than one-half (0.5) acre in size. No more than one (1) MVU per one-half (0.5) acre shall be permitted.
Both Class “A” and “B” MVU’s are allowed on improved property only, and if placed within walkways or rights-of-way, shall not obstruct or impede pedestrian movement or cause noncompliance with ADA accessible route requirements. A minimum clear passage of four (4) feet must be maintained for pedestrian travel at all times.
G. Removal. Each MVU shall be removed daily. An MVU shall not remain on any public or private property, or within any rights-of-way, between the hours of midnight and 6:00 a.m.
H. Maintenance. The mobile vending unit, including any canopies, umbrellas, or transparent enclosures, must be clean, and well maintained. The vending site itself must also be clean and orderly at all times, and the vendor must provide a refuse container for use by his patrons. The container shall be removed after the unit has departed for the day. Vendor wastes of any kind shall not be deposited or permitted to be deposited upon the ground, sidewalk, streets, city waste receptacles, or private dumpsters.
I. Separation.
1. Between Units. An MVU shall not be placed within one hundred (100) feet from another MVU of a different vendor for which a permit had been granted unless requested as a condition of permit.
2. From Selected Land Uses.
a. An MVU shall not be placed within one hundred (100) feet from the property line of any single-family residential zoning district.
b. An MVU shall not be placed within one hundred (100) feet from the property line of any establishment that sells or provides similar foods, merchandise, or services as that of the MVU without the prior written consent of the similar establishment.
J. Display.
1. Display of Permit and License. All vendors must display the permit issued by the city in a prominent and visible manner. In addition, an MVU capable of operating within public rights-of-way shall display a current Florida Department of Highway Safety & Motor Vehicles (DHSMV) license plate.
2. Display of Merchandise. No merchandise shall be displayed using street structures (planters, trees, trash containers, signposts, etc.) or placed upon the sidewalk or right-of-way. Merchandise may be displayed outside the MVU on private property with the written permission of the property owner provided that it does not intrude upon the accessible area around the unit, or otherwise impede parking or access to structures within the site.
K. Emergencies. Vendors shall obey any lawful order from a police or fire department official during an emergency or to avoid congestion or obstruction of the sidewalk.
L. Prohibitions.
1. Solicitations. An MVU approved and located within a right-of-way shall not solicit or conduct business with persons in motor vehicles.
2. Advertisements. Vendors shall not make loud noises, use mechanical audio, noise-making devices, moving objects, or lighting systems to advertise his or her product.
3. Unattended. No MVU shall be left unattended.
4. Miscellaneous.
a. Vendors shall not hinder or impede the use of any phone kiosk, mailbox, parking meter, fire alarm, fire hydrant, or traffic control device.
b. No tables, chairs, or umbrellas are to be set up for use by customers, with the exception for those located on private properties.
c. Freestanding signs, flags, banners, tents, tarpaulins, canopies, or awnings shall be allowed in connection with an MVU as a condition of permit. All signs, flags, banners, tents, tarpaulins, canopies, or awnings shall be either attached to, centered over, resting against the vending vehicle/equipment, or located within a designated area from the MVU based on permit condition in accordance with the requirements of Land Development Regulations Chapter 3, Article V, Section 10.M.1.
d. Live entertainment, defined as performances, shows or other forms of entertainment consisting of one (1) or more persons, amplified or non-amplified music or other related sounds or noise, including but not limited to entertainment provided by musicians, disc jockey (DJ), master of ceremonies (MC), or karaoke shall not exceed sixty (60) decibels at a distance of one-hundred (100) feet from the source as measured by a sound level meter.
e. MVU’s utilizing portable generators shall not exceed sixty (60) decibels at a distance of one-hundred (100) feet from the source as measured by a sound level meter.
M. Specific Regulations by Type of MVU.
1. Auto/Car Wash (Polishing, Waxing, Detailing). An auto/car wash (polishing, waxing, detailing) type of MVU shall not be allowed on public property or within any right-of-way. This type of MVU is only allowed on private property and shall comply with the location criteria of paragraph F. above. One (1) freestanding canopy may be allowed for this type of MVU in addition to another canopy that is either attached to, centered over, or resting against the vending vehicle or equipment. In all instances, the size of the freestanding canopy shall be the minimum necessary to accommodate one (1) parked vehicle, but not to exceed twenty (20) feet in width by twenty (20) feet in length, and must be removed daily.
(Ord. 10-025, passed 12-7-10; Am. Ord. 12-011, passed 7-3-12; Am. Ord. 13-027, § 2, passed 10-1-13; Am. Ord. 15-003, passed 3-17-15; Am. Ord. 17-023, passed 9-19-17)