The outside sale of food, goods, and services that would include but not be limited to the following: sidewalk vending and sales, fruit and vegetable sales, temporary amusement or recreational activity, Christmas tree sales and fireworks sales.
(A) Seasonal uses. Seasonal uses include such uses as, but not limited to, Christmas trees and fireworks sales. These uses shall be permitted subject to the following (except charitable, fraternal, civic or religious organizations which shall be exempt from (A)(1) and (7):
(1) Location shall be in an approved commercially (C-1), (C-2) or industrially (M1-A, M2-A) zoned area;
(2) Submission of written permission from the property owner or authorized agent to the Building Department;
(3) Any temporary structures or outdoor storage of goods to be sold shall not encroach in a landscape buffer;
(4) The site shall have proper and safe ingress and egress;
(5) The use shall be approved for a maximum of 30 days;
(6) The site must be cleaned within three days following the holiday or event for which the sales are associated;
(7) Only three occupational licenses for temporary sales shall be issued per parcel per year.
(B) Short term uses (72 hours or less). Short term uses shall include, but not be limited to, bake sales, car washes, flea markets, bazaars, hot dog sales and the like. These uses shall be permitted subject to the following (except charitable, fraternal, civic, or religious organization, which shall be exempt from (B)(1) and (6)):
(1) Location shall be in an approved commercially (C-1, C-2) or industrially (M1-A), (M2-A) zoned area;
(2) Submission of written permission from the property owner or authorized agent to the Building Department;
(3) Any temporary structure or outdoor storage of goods to be sold shall not encroach in a landscape buffer;
(4) The site shall have proper and safe ingress and egress;
(5) A site may be used from sunrise to 9:00 p.m on the day or days of the event. The site must be cleaned the following day.
(6) A site may be used for a short term event no more than four times per year.
(C) Mobile food vendors. Mobile food vendors shall be allowed to operate on private property, as long as they comply with the following conditions:
(1) Zoning requirements. The property on which the mobile food vendor proposes to locate must be zoned designation of M-1A, M-2A or PUD. If the property is zoned PUD, the mobile food vendor shall be located only in the nonresidential portion of the PUD. Mobile food vendors are not allowed in residential areas or the residential portion of mixed use PUDs.
(2) Primary use. Mobile food vendors are accessory uses and shall only be allowed on properties that are developed with permitted or conditional uses appropriate for the zoning district in which they are located.
(3) Signage. The amount of signage on the mobile food vendor vehicle is not regulated but signs must be mounted flat against the vehicle and cannot project from the vehicles. The mobile food vendor shall be permitted to place one sign, not to exceed 6 square feet on the subject property where the mobile food vendor's vehicle is conducting business. Such signage shall be in addition to temporary and permanent signs permitted for the subject property, per Chapter 155, Appendix I.
(4) ADA standards. The mobile food vendor vehicle and the property on which it is located shall meet all applicable ADA requirements.
(5) Vehicles. All vehicles associated with mobile food vending must be operable, per § 91.65 of the city's Code of Ordinances, and have a Florida registration and license for the current year.
(6) Requirements.
(a) The property on which the mobile food truck proposes to locate shall contain a minimum size of five acres, not including the area of any adjacent out-parcels.
(b) There shall be a minimum separation of 750 feet between any existing restaurant and a mobile food vendor.
(c) A mobile food vendor shall not locate on any property on which there is an existing restaurant, either on the same parcel or on an out-parcel.
(d) A mobile food vendor vehicle must not locate in any parking space which is required to meet the minimum number of required parking spaces for the subject property; or in driveways; loading zones; or designated public safety lanes (i.e. fire lanes).
(e) The mobile food vendor must not be located within any required landscape buffer on the subject property.
(f) The subject property occupant and the mobile vendor must not conduct business in such a manner that would restrict or interfere with proper ingress and egress for vehicles and pedestrians, or constitute a traffic hazard.
(g) Except with permission of the city, mobile food vendors may operate only between the hours of 10:00 a.m. and 2:00 p.m.
(h) Overnight parking of mobile food vendor vehicles is prohibited.
(7) Licensing. Annually, the mobile food vendor must secure a City of Lake Mary Business Tax Receipt (BTR) and pay all relevant fees, and the applicant must provide the following:
(a) A notarized statement from the owner of the subject property authorizing the mobile food vendor to operate on the subject property.
(b) A copy of the appropriate license(s) from the Florida Division of Hotels and Restaurants.
(c) A sketch plan showing the subject property and the proposed location of the mobile food vendor vehicle. The sketch plan shall also document that the mobile food vendor and the subject property meet or exceed all relevant requirements.
(d) Other documentation as required by the city.
(8) Failure to comply with the provisions of this section shall be grounds for denial of a BTR. revocation an existing BTR or bring code enforcement or civil action against the mobile food vendor or the owner of the subject property, or both.
(Ord. 608, passed 8-6-92; Am. Ord. 1488, passed 7-18-13)