12-011 !(
1 ORDINANCE NO. 12- 01 t
2
3 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
4 OF BOYNTON BEACH, FLORIDA AMENDING THE LAND
5 DEVELOPMENT REGULATIONS BY AMENDING CHAPTER 3,
6 ARTICLE V, SECTION 10G, DECREASING THE REQUIRED
7 REMOVAL FREQUENCY; AMENDING CHAPTER 3, ARTICLE
,8 V, SECTION 10F, ACCOMMODATING LIMITED CONNECTION
9 TO UTILITIES; PROVIDING FOR CONFLICTS,
110 SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
11
12,
131 WHEREAS, the City's MVU regulations apply broadly to all types of mobile
14' vendors, whether providing a service or selling merchandise or food; and
15 WHEREAS, the State requires an MVU with a HTDG license to return daily to
16 its commissary for cleaning, and requires an MVU with a MFDV license to return weekly
17 to its commissary for cleaning; and
1$; WHEREAS, staff is proposing to modify the Land Development Regulations
1 j (LDR) to allow mobile vending units to be removed once a week (rather than on a daily
2(�' basis) from an approved location, provided that all of the following apply: (1) the
21 approved and assigned location for the MVU is on private property; (2) the MVU is a
24 ! Class "B" greater than 72 square feet in size and licensed with the State as a Mobile Food
I
2� ' Dispensing Vehicle (MFDV); and (3) the approved location is a minimum of 250 feet
22 from any right -of -way; and
i
25� WHEREAS, Staff is also proposing to modify the LDR to allow utility service
26 ; connections when said connections are located between the building and the MVU, with
271 the connections not extending more than five (5) feet from the building wall of the
28 principal use on site, and the external connections placed in such a manner as not to cross
29 ; any pedestrian pathways which acknowledges the power needs of the larger MVU's, and
1
, i
i
1 Document in Windows Internet Explorer
11
1 benefits of them using an available power source from within the building, rather than a
2 generator that would have negative impacts; and
3 WHEREAS, upon recommendation of staff, the City Commission of the City of
4 Boynton Beach deems it to be in the best interest of the citizens and residents of the City
to amend the Land Development Regulations to decrease the required removal frequency
6 from daily to weekly, limited to those MVUs meeting minimum setback requirements and
7 classified by the State as Mobile Food Dispensing Vehicles and accommodating limited
connection to utilities.
9 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
Pd OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
1 t Section 1. The foregoing whereas clauses are true and correct and are now
112 ratified and confirmed by the City Commission.
tl Section 2. Chapter 3, Article V, Section 10G, of the Land Development
1t} Regulations, is hereby amended by adding the words and figures in underlined type, as
1 follows:
1 G. Removal. Each MVU shall be removed daily. An MVU shall not remain on any
17� public or private property, or within any rights -of -way, between the hours of
181 midnight and 6:00 a.m. and shall be required to be removed from the site daily,
1 unless all of the following requirements are met:
a. the approved and assigned location for the MVU is on private property;
211 b. the MVU is a Class `B" MVU greater than 72 square feet in size and
2 licensed with the State as a Mobile Food Dispensing Vehicle (MFDV);
2i c. the approved location for the MVU is a minimum of 250 feet from any
2( right -of -way.
If a mobile vendor meets all of the criteria above (in a. -c.), the MVU shall be
required to be removed from site to the commissary for cleaning at least once per
2 week in accordance with State requirements.
2
2
30 I
Document in Windows Internet Explorer
-2-
1 Section 3. Chapter 3, Article V, Section 10F, of the Land Development
2 Regulations, is hereby amended by adding the words and figures in underlined type, as
3 follows:
4 F. Location Criteria. An MVU shall be limited to one (1) assigned location and must
5 be self - contained. Utility service connections are not permitted, with the
6 exception of a Class "B" MVU licensed as a MFDV when the utility service
7 connection is located between the building and the MVU, and the external utility
8 service connection does not extend more than five (5) feet from the building wall
9 of the principal use on site, and is placed in such a manner as not to cross any
10 pedestrian pathways.
ll
>a Section 4. Should any section or provision of this Ordinance or any portion
1j thereof be declared by a court of competent jurisdiction to be invalid, such decision shall
14 not affect the remainder of this Ordinance.
15 Section 5. Authority is hereby given to codify this Ordinance.
1 Section 6. This Ordinance shall become effective immediately.
1;i FIRST READING this 5� day of
Y June. , 2012.
11
lg
1j9
l� [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
j'
i;
I
■
I
I �
I �
Document in Windows Internet Explorer
- 3 -
II 1
1 SECOND, FINAL READING AND PASSAGE this 3 day of %IA.'y , 2012.
2 CITY OF BOYNTON BEACH, FLORIDA
3 � u
5 Mayor — Wss. �-
8 V' ajTor — . k M "
9
10 , f ' 7 7
1 1 Commis Qner 3 William Orlov ,
12 �.
13 ` s -- ,/ / ,rr .,,Arlik,
14 / Commiss �o nera— S+e • Holzman
15 r
17 CommiAioner — Marlene Ross
18 ATTEST:
19
20 !►I /� . ;
22 . - t M . Prainito, MMC
23 ' t y Clerk
24
25 Y b
y
2E CG .<
27 ' ,, 7
(
28
29 0. trip. 'e Seal) '_.
I1
1
Document in Windows Internet Explorer
- 4 - 1
I