Opening a fast-food restaurant in Miami, Florida? Beyond securing permits, you must meet strict compliance requirements for ADA accessibility, parking, drainage, grease traps, and more.
This guide outlines essential regulations to keep your project on track and avoid costly delays—ensuring a smooth path from construction to grand opening.
In addition to obtaining the permits above, the project must comply with a variety of regulations and codes. Key compliance areas include:
ADA Accessibility
The restaurant must fully comply with the Americans with Disabilities Act (ADA) standards and Florida Accessibility Code. This includes:
- Accessible building entrance (ramps or level entry).
- Required number of handicap-accessible parking spaces (with van-accessible space if applicable) in the parking lot.
- Accessible routes to and through the dining areas (both indoor and outdoor seating areas must be accessible).
- ADA-compliant restrooms.
The service counter where customers order or pick up food should have an accessible lowered section (no more than 36 inches high). Even the drive-thru should have accommodation for the hearing-impaired (many restaurants install a buzzer or signage instructing how to get service if a customer cannot use the speaker). Compliance will be checked during building inspections, as Florida law mandates accessibility in public accommodations.
Parking Requirements
You must provide off-street parking per the City of Miami’s zoning code requirements (unless your site is in an area with parking exemptions or reductions, such as a transit corridor). Miami 21 categorizes restaurants for parking calculations; typically, a fast-food restaurant might require a certain number of spaces per square footage of customer service area or per seats.
As a general guide, suburban-style fast food restaurants often require on the order of 1 parking space per 75–100 square feet of seating area or about 10 spaces per 1,000 sq ft, but in Miami’s urban zones the requirement may be lower due to transit and pedestrian considerations.
It’s crucial to check the exact requirement for your transect zone – for example, a T5 zone might require fewer spaces than a D1 zone. Also, drive-thru lanes do not count as parking but you will need to designate sufficient queue space as mentioned.
All parking layout must meet code specs for space dimensions (typically 8.5 or 9 feet by 18 feet for standard spaces, with larger dimensions for ADA spaces) and include proper striping and signage. The zoning code may also require some spaces to be reserved for carpool or EV charging if it’s a large lot, and bicycle parking racks on site.
Ensure to also provide the required loading zone if the code calls for one (restaurants often need a loading berth for supply deliveries).
Site Drainage & Stormwater Management
The site’s grading and drainage design must handle rainfall per Miami-Dade County standards. Generally, you’ll be required to retain or detain the first 1 inch of rainfall on-site (or a specified design storm volume) so that runoff doesn’t worsen street flooding. This could mean installing french drains, catch basins, or a shallow retention area in landscaping.
A Stormwater Plan will be part of your civil engineering drawings, and it must be approved by the environmental reviewers (DERM).
If your project is large enough, you might also need a Sedimentation and Erosion Control Plan during construction and to file for a NPDES construction general permit (state/federal requirement) if disturbing 1 acre or more.
Post-construction, you may need to get a stormwater operating permit if mandated (some municipalities require a maintenance agreement for stormwater facilities). Compliance here is verified by plan review and possibly a final inspection of the drainage system.
Grease Trap and Wastewater
As noted, you must install a grease interceptor to trap fats, oils, and grease from kitchen waste lines. Compliance involves both the physical installation per plumbing code and ongoing maintenance.
Miami-Dade County’s regulations (DERM’s FOG Program) require that any food service establishment obtain a Grease Discharge Operating Permit and have a grease trap achieving 99% grease removal efficiency.
The interceptor size will be determined by plumbing calculations (number of fixtures, flow rates) and DERM guidelines. It must be located so it’s accessible for cleaning (typically outside).
You’ll also need backflow preventers on water lines as required by code (to protect the water supply). Before getting your Certificate of Occupancy, an inspector will verify the grease trap is installed correctly and you may need to submit a maintenance contract or schedule as part of the DERM operating permit.
Proper grease management isn’t just a bureaucratic issue – failing to comply can lead to fines or having your CU revoked if grease clogs the sewer.
Building Code & Life Safety
Beyond fire and ADA, the building must meet all structural and safety codes. This includes hurricane wind-load standards for the structure, windows, doors, and rooftop equipment, since Miami is in a high-velocity hurricane zone.
The outdoor seating area’s covering (if any canopy or trellis) must also meet wind-load and be permitted. The electrical system must be code-compliant – for example, GFI outlets in kitchen and outdoor areas, emergency lighting, exit signage, etc.
Plumbing must include the required number of restrooms (likely separate male/female or unisex facilities depending on seating count per Florida Plumbing Code) and fixtures (sinks, etc.).
HVAC and ventilation must comply with the Florida Mechanical Code, including proper kitchen exhaust and make-up air. All these are checked in the building permit process.
Trash, Noise, and Miscellaneous
The operation of a fast-food restaurant with drive-thru must comply with local ordinances on noise and sanitation. The drive-thru speaker volume should be adjusted to not violate the City’s noise ordinance at the property line, especially if near residential areas (Miami’s code likely sets decibel limits during night hours).
The site should have a plan for managing litter (many franchises add exterior trash cans for patrons). If you plan to have music outdoors, that could need a noise permit or be subject to time limits.
Lighting for the parking and drive-thru must be designed to comply with zoning (usually downward shielded lights to avoid glare on neighboring properties and possibly an automatic dimming late at night).
Lastly, sign compliance (no banners or flags without permits, etc.) and any menu board intercom standards (some jurisdictions require two-way communication systems to be hearing-impaired friendly) should be followed. Ensuring all these “operational” compliance items are met will be necessary for final inspections and for smooth operation after opening.
In summary, the project must be built to code and in compliance with all applicable regulations: federal (ADA), state (Florida Building Code and health codes), and local (Miami 21 zoning standards, Miami-Dade environmental regulations). All compliance requirements will be verified through the plan review and inspection processes tied to your permits.