CITY OF
COMMUNITY DEVELOPMENT DEPARTMENT
TO: Mayor and City Commission
FROM:
BY: Sam Goren, City Attorney
Tammy Reed-Holguin, Community
Development Director
DATE: February 28, 2007
SUBJECT: First
Amendment to
Chapter 86 “BUSINESS LICENSES AND REGULATIONS” and Chapter 106 “ZONING” of the
City’s Code of Ordinances
APPLICANT: City of
Background:
As the City redevelops and creates new and diverse opportunities for commerce, one venue that may be requested is outdoor vendor locations. In anticipation of these requests, the City Commission directed that staff look into the concept of outdoor vendors and how they are currently regulated. Staff reported back to the City Commission on January 9th, 2007 and received direction to draft an Ordinance regulating this use. Tonight, we are presenting the Ordinance for consideration on first reading.
In order to ascertain how and where outdoor vendors are permitted and properly regulated, the staff researched the Land Development Regulations of other cities. Most Ordinances permitted only temporary vendors related to special events and mobile vendors. Permanent stationary vendors were not common. The main concern for permitting these vendors relates to insuring that the business is conducted in a manner that will preserve the safety of pedestrians, will not create a public nuisance, will not increase traffic congestion or delays, will not constitute a hazard to traffic, life or property, or create an obstruction to adequate public safety or health. Staff also considered how outdoor vendors will fit into the City’s redevelopment plans and the possibility of numerous applications.
The attached Ordinance permits permanent outdoor vendors but provides restrictions on the location, manner of operation, relationship to the anchor business and the number of vendors licensed. The Ordinance establishes this use as a Special Exception Use (SEU) that must be approved by the City Commission. The application for the outdoor vendor must be presented by the anchor business who accepts the liability and responsibility for the vendor and its operations. A complete application will include, but not be limited to, a letter of intent, a site plan showing the area where the outdoor vendor will be stationed, criminal background check on vendor, proper license from other applicable regulatory agencies and associated fee. The anchor business sponsoring the vendor must be housed in one building with a gross square footage of no less than 100,000 square feet and only one outdoor vendor will be permitted per commercial plaza. Non-profit organizations that stage infrequent weekend fundraisers with the permission of the business owner will not be affected by this Ordinance, nor will Broward County-licensed mobile vendors.
The City recognizes the positive impact that outdoor vendors may have on the economy while at the same time being aware of the public safety concerns that this type of use may present. The attached ordinance provides the ability to consider permitting a limited number of stationary permanent outdoor vendors that meet the specifications outlined and considered through a Special Exception Use permit process only.
RECOMMENDATION:
The City Administration recommends Commission’s consideration and
approval of the first reading of the attached ordinance amending Chapter
86 of the City Code of Ordinance to provide
findings and intents, definitions, application requirements and to provide for
a time, place and manner for the operation of outdoor vendors and Chapter 106
to outline the application process requiring a Special Exception Use permit and
adding Outdoor Vendor (stationary) to the Master Business List.
AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AMENDING CHAPTER
86 OF THE CITY’S CODE OF ORDINANCES, ENTITLED “BUSINESS LICENSES AND
REGULATIONS”; SPECIFICALLY AMENDING ARTICLE IV, ENTITLED “BUSINESSES”, BY
CREATING DIVISION 3, TO BE ENTITLED “OUTDOOR VENDORS”; PROVIDING FOR FINDINGS
AND INTENT; PROVIDING FOR DEFINITIONS;
PROVIDING FOR PERMIT REQUIREMENTS; PROVIDING A FOR A TIME, PLACE AND MANNER IN
WHICH OUTDOOR VENDORS MAY OPERATE; PROVIDING AN APPLICATION PROCESS FOR
STATIONARY OUTDOOR VENDORS; AMENDING CHAPTER 106 OF THE CITY’S CODE OF
ORDINANCES, ENTITLED “ZONING”, SPECIFICALLY AMENDING ARTICLE IV, ENTITLED
“SPECIAL EXCEPTION USES” BY AMENDING SEC. 106-158, ENTITLED “APPLICATION
PROCESS”; FURTHER AMENDING SEC. 106-468, ENTITLED “MASTER BUSINESS LIST” TO
PROVIDE FOR STATIONARY OUTDOOR VENDORS; PROVIDING FOR CODIFICATION; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of North Lauderdale (hereinafter referred to as the “City”) anticipates an increase in the number of outdoor vendors who desire to market and sell their goods at various locations throughout the City; and
WHEREAS, the anticipated presence of outdoor vendors in the City creates a number of public safety concerns including, but not limited to interference with ingress and egress on public streets, increased traffic congestion on City roads, and obstruction of emergency vehicle access on public roads, among other things; and
WHEREAS, despite these concerns the City Commission recognizes the benefits and advantages provided by such outdoor vendors including the positive effect they have on the City’s economy; and
WHEREAS, in an effort to lessen the negative impact on the City caused by outdoor vendors and promote public health and safety, the City Commission seeks to establish guidelines and regulations by which such vendors may be able to operate in the City; and
WHEREAS, the City Commission believes such regulations are in the best interests of the health, safety and welfare of the citizens and residents of the City and will better protect the safety of the City’s outdoor vendors;
NOW,
THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct, and are hereby incorporated herein and made a part hereof.
Section 2. Chapter 86, Article IV of the City of
Division
3. Outdoor Vendors
Sec.
86-151. Findings and Intent
It is the intent of the City Commission to enact a policy
regulating outdoor vendors in an effort to protect the health, safety and
welfare of citizens, residents and businesses in the city. It is the further
intent and purpose of the City Commission to regulate outdoor vendors doing
business in the city in an effort to limit the adverse impact to traffic and
pedestrians resulting from the operation of such vendors.
This section shall not apply to temporary, non-profit
organizations operating as outdoor vendors in the City, unless otherwise
required by resolution of the City Commission.
Sec.
86-152. Definitions
The following words, terms and phrases, when used in this
division, shall have the meanings ascribed to them in this section, except
where the context clearly indicates a different meaning:
Outdoor Vendor
means any person, whether as owner, agent, consignee or employee who sells or
attempts to sell services, goods, wares or merchandise, including food or
beverage, from any stationary outdoor location.
Sec. 86-153. Permit
and Application Requirements
(1) All outdoor vendors must be affiliated with a permanent
business located within the city, and a special exception use permit and
occupation license are required to operate as an outdoor vendor.
(2) Only one (1) outdoor vendor permit shall be issued per
shopping plaza.
(3) The owner of a permanent business must submit the
application for the outdoor vendor, and the permanent business must submit in
writing its acceptance of liability and responsibility for the outdoor vendor
and its operations.
(4) Applicants for special exception use permits
required by this section shall file an application in writing with the
Community Development Director, or his or her designee. Applications for
outdoor vendor special use permits shall include the following:
(a) Name of the owner of the permanent business and
the name of the outdoor vendor;
(b) Address of the applicant;
(c) A brief description of the nature of the outdoor
vendor business and the goods to be sold;
(d) Photograph of the outdoor vendor taken within
sixty (60) days immediately prior to the date of filing of the application,
which picture shall be two (2) inches by two (2) inches showing the head and
shoulders of the outdoor vendor;
(e) The fingerprints of the outdoor vendor and the
names of at least two (2) property owners of Broward County, Florida, who will
certify as to the outdoor vendor’s good character and business responsibility,
or, in lieu of the names of references, any other available evidence as to the
good character and business responsibility of the vendor as will enable an
investigator to properly evaluate such character and business responsibility;
(f) A sworn affidavit stating whether or not the
outdoor vendor has been convicted of any crime, or violation of any municipal
or county ordinance, the nature of the offense and the punishment or penalty
assessed therefore.
(5) Applicants for all food-handling businesses shall
file with the application a Broward County Health Department Certificate of
Inspection.
(6) A special exception use permit fee of $300 shall
be filed along with each application for an outdoor vendor permit. This fee may
be subject to change in accordance with the City’s permit fee schedule.
(7) Such permits shall be conspicuously displayed by
the vendor and shall contain the signature and seal of the issuing officer. All
permits shall show the name, address and emergency contact information of the
permitee.
(8) The City Commission may, by resolution, limit the
number of permits that the City will issue to outdoor vendors.
Sec. 86-154
Activities limited to certain areas
(1) Outdoor vendors shall operate no more than ten
(10) feet from the permanent business holding the permit authorizing the
outdoor vendor to operate.
(2) Outdoor vendors shall be located no less than
three hundred (300) feet from the edge of any point on the public right-of-way.
(3) Outdoor vendors shall only be allowed to operate
in conjunction with a permanent business on a given property with a minimum of
one hundred thousand (100,000) square feet of floor area.
(4) Outdoor vendors shall be located no less than ten
(10) feet from any point of ingress or egress of the permanent business, or
restrict or interfere with any customers gaining access to the permanent
business with which they are affiliated.
(5) Outdoor vendors shall operate only at designated
locations as determined by the Community Development Director upon review of a
Site Plan.
Sec. 85-155.
Hours of Operation
Outdoor vendors shall be allowed to operate in
accordance with the hours of operation of the permanent business holding the
permit authorizing the outdoor vendor to operate.
Section 3. Chapter 106, Article IV of the City of
Sec. 106-158 Application process.
…
(11)
Applications for special exception use permits for stationary outdoor vendors
shall be filed in accordance with Sec. 86-153 of the City’s Code of Ordinances.
Section
4. Chapter 106, Article XV
of the City of
|
Business list |
Prohibited |
B-1 Neighborhood |
B-2 Commercial |
B-3 Commercial |
B-4 Commercial |
|
Outdoor vendor (stationary) |
|
|
*7 |
*7 |
|
Section 5. It is the intention of the City Commission
of the City of North Lauderdale, Florida that the provisions of this ordinance
shall become and be made a part of the City of
Section
6. All Ordinances or parts
of Ordinances, Resolutions or parts of Resolutions in conflict herewith be, and
the same are hereby repealed to the extent of such conflict.
Section
7. If any clause, section,
or other part or application of this Ordinance shall be held by any court of
competent jurisdiction to be unconstitutional or invalid, such unconstitutional
or invalid part or application shall be considered as eliminated and so not
affecting the validity of the remaining portions or applications remaining in
full force and effect.
Section 8. This
Ordinance shall become effective immediately upon its passage and adoption.
PASSED AND ADOPTED BY THE CITY COMMISSION
OF THE CITY OF
PASSED ADOPTED BY THE
CITY COMMISSION OF THE CITY OF
____________________________________
MAYOR
JACK BRADY
ATTEST:
____________________________________
VICE
MAYOR RICHARD MOYLE
______________________________
C. MILLI DYER, CMC
APPROVED AS TO FORM:
______________________________
SAMUEL S. GOREN
CITY ATTORNEY