2023-04-20 V. A. 23-001-TA Exhibit 1 ORDINANCE NO. 2023-
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA,
AMENDING CHAPTER 14 - BUSINESSES BY ADDING ARTICLE VI
REGULATING THE OPERATION OF MOBILE FOOD DISPENSING
VEHICLES WITHIN CITY LIMITS, AND AMENDING CHAPTER 90 -
ZONING, ALLOWING FOR MOBILE FOOD DISPENSING VEHICLES
AS A SPECIAL EXCEPTION USE IN THE CPO, CLT, CHV, CBD, IND,
PUB, AND RH ZONING DISTRICTS AND ALLOWING FOR
TEMPORARY SIGNAGE ASSOCIATED WITH MOBILE FOOD
DISPENSING VEHICLES; REPEALING ALL ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS,the Governor of the State of Florida signed into law the Occupational Freedom
and Opportunity Act(SB474/HB 1171) ("Act"), which became effective on July 1, 2020; and
WHEREAS, the Act created Florida Statutes Section 509.102, "Mobile food dispensing
vehicles; preemption," in which a municipality, county, or other local governmental entity may not
require a separate license,registration,permit or fee from Mobile food dispensing vehicles("MFDV")
and may not prohibit MFDVs from operating within the entirety of the jurisdiction; and
WHEREAS, the City of Okeechobee ("City") allows MFDV's licensed by the Florida
Department of Business & Professional Regulation ("DBPR"), which includes mobile hot dog carts
and food trucks, to operate according to certain standards; and
WHEREAS the City Commission finds it is in the best interest of the health, safety, and
welfare of the pubic to adopt standards for the location and operation of MFDVs within the City;and
WHEREAS, the City finds and determines that these amendments to the City's Code are
consistent with all applicable policies including the Land Development Regulations and the City's
adopted Comprehensive Plan and not in conflict with the public interest.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OKEECHOBEE, FLORIDA:
SECTION 1. The foregoing "whereas" clauses are incorporated herein as legislative
findings by this reference and made a part hereof for all intents and purposes.
SECTION 2. Underlining denotes additions and strike through denotes deletions.
SECTION 3. Chapter 14 - Businesses, is hereby amended by adding Article VI
"Mobile Food Dispensing Vehicles" as follows:
ARTICLE VI. MOBILE FOOD DISPENSING VEHICLES
Sec. 14-300. Title.
This article shall be known and may be cited as the "Food Truck Ordinance."
Sec. 14-301. Authority.
This article is enacted under the home rule power of the city in the interest of the health,
safety, peace, and general welfare of the people of the city.
Sec. 14-302.Applicability.
This section applies to vendors operating mobile food dispensing vehicles ("MFDV") as
defined in Florida Statute.
Secs. 14-303-14-340. Reserved.
Sec. 14-341. Mobile Food Dispensing Vehicle Classifications.
(1) Classifications. Mobile food establishments involving the use of a mobile food dispensing
vehicle shall be classified as follows:
01. Class I-Mobile kitchens. In addition to the vending of products allowed for Class II
and Class III, these vehicles may cook, prepare and assemble food items in the unit
and serve a full menu. This also includes vending carts.
(b) Class II- Canteen trucks. These vehicles vend fruits, vegetables, precooked foods,
pre-packaged foods and pre-packaged drinks.No preparation or assembly of foods or
beverages may take place on or in the vehicle, however, the heating of pre-cooked
foods is allowed.
((cl Class III-Ice cream trucks. These vehicles vend only pre-packaged frozen dairy or
frozen water-based food products, soft serve or hand-dipped frozen dairy products or
frozen water-based products and pre-packaged beverages.
Exclusions. As used in this section, the term "mobile food dispensing vehicle" does
not include minor children operating lemonade or soft drink stands, owners or
operators of fresh fruit and/or vegetable stands or other raw, uncooked, unprepared
or nonedible perishable goods,or owners or operators of food or beverage self-service
vending machines.
Secs. 14-342-14-360. Reserved.
Sec. 14-361. Operating without special exception approval or temporary use permit.
(1) All classes of MFDV may operate on private property in the Industrial (IND)zoning district
or on any property where a permanent house of worship use is located according to the
following standards:
(a) Written,signed consent of the owner of the property on which the vehicle is operating
shall be available upon request by a representative of the City or any regulating
agency. The written consent shall specify the address and/or parcel ID, and the
approved operating days and times authorized by the owner.
(b) No more than two (2) MFDVs shall operate on one parcel at the same time.
Lc) MFDV operations, including customer queuing/waiting area and any associated
seating area, may not occupy more than 5% of the parking spaces required for the
other active permitted use(s).
(d) Existing internal and external vehicle circulation patterns and shall not be affected by
MFDV operations. The MFDV operations shall not cause or increase vehicle
queuing, congestion, or hazardous conditions.
(e) Freestanding signage for each MFDV is limited to one (1) non-affixed, A-frame
ground sign to be no larger than twenty(20)square feet in area(including both sides),
to be removed once the MFDV is no longer operational.
f Temporary placement of tables, seating,and canopies associated with the MFDV are
permitted only during the time periods when an MFDV is actively operating and are
not permitted on-site when the MFDV is not open for business.
(g) All standards of Section 14-364 shall apply.
(2) Class III vehicles may operate in the public right-of-way in any zoning district according to
the following standards:
(a) The MFDV may not be stationary for periods exceeding 20 minutes and must not
constitute a hazard to vehicular or pedestrian traffic at any time.
(b) No accessory or appurtenant structures or fixtures shall be erected, installed, or
constructed, and no temporary awning or canopy may be employed.
L No tables, seating, or canopies may be provided.
(d) No sale of goods shall occur outside of any vehicle operating on public rights of way.
Operation is limited to the hours between 9:00 a.m. and sundown,whatever time that
may occur.
No sale or distribution of alcoholic beverages is permitted.
Lg.) Short,pre-recorded amplified songs or tunes may be broadcast so long as they comply
with the City of Okeechobee Noise and Vibration Standards. Amplified music lyrics
may not be broadcast at any time.
(h) All standards of Section 14-364 shall apply.
Sec. 14-362. Operating with a special exception approval.
All classes of MFDVs may operate as a special exception use in those zoning districts where MFDVs
are listed as a special exception use and only as approved through the special exception process in
accordance with any conditions and site design standards required as part of the special exception
approval. Application considerations are as follows:
Ca) A pre-application meeting with City staff is strongly recommended.
(b) Upon determination of the City Administrator,a traffic impact study may be required.
(c) A site plan shall be submitted demonstrating adequacy of parking, internal/external
vehicular circulation, pedestrian safety, customer service area, compatibility with
existing onsite and offsite uses.
(d) Adequate sanitary facilities, utility, drainage, refuse management, emergency
services and access, and similar necessary facilities and services will be available to
serve employees and patrons.
(e) All standards of Section 14-364.
(f) Standards for granting a special exception use provided in 70-373(b)and the findings
for approval provided in 70-373(c).
(g) The ultimate decision to approve, deny, or approve with conditions any special
exception application shall be the responsibility of the City of Okeechobee Board of
Adjustment, which may impose any condition necessary to ensure compatibility of
the proposed use and ensure public health, safety and welfare. As part of their
decision, the Board may also consider whether the proposed MFDV operations will
unreasonably compete with existing restaurants in the surrounding area.
Sec. 14-363. Operating with a temporary use permit.
MFDVs may operate on private property, public property and on rights-of-way as authorized by a
temporary use permit and in accordance with any conditions of that permit. Guidelines for MFDV
temporary use permit conditions are as follows:
(1) The MFDV operator shall produce a copy of the temporary use permit for inspection upon
request by a representative of the City or any regulating agency.
(2) Mobile food establishments conducting business in conjunction with a City-sanctioned
event or activity, or events held on City owned public property shall comply with all
standards and requirements as established by the event coordinator and/or Planning and
Development Department, in addition to any applicable regulatory agency's regulations.
(3) Adequate sanitary facilities, utility, drainage, refuse management, emergency services and
access, and similar necessary facilities and services will be available to serve employees,
patrons, or participants.
(4) Where a tent or similar structure is to be used, such structure shall:
Comply with the requirements of the fire marshal.
(b) Provide the city with a certificate of insurance to cover the liability of the applicant
or sponsor.
(c) Demonstrate that the tent is flame resistant by providing a certificate of flame
resistance or other assurance that the structure has been properly treated with flame
retarder and has been maintained as such.
(5) Freestanding signage for each MFDV is limited to one (1)non-affixed,A-frame ground
sign to be no larger than twenty (20) square feet in area(including both sides),to be
removed once the MFDV is no longer operational.
(6) All standards of Section 14-364 shall apply.
Sec. 14-364. General Operating Standards.
The following standards shall apply to all MFDVs operating in the City unless otherwise stated in
the conditions of a special exception approval or temporary use approval or otherwise stated
elsewhere in this chapter.
Any person engaged in selling, preparing, or dispensing food from a mobile food
dispensing vehicle(MFDV) shall obtain the appropriate approvals and licenses from
the State of Florida Department of Business and Professional Regulations, (DBPR).
Florida Department of Health, and/or the Florida Department of Agriculture and
Consumer Services before operating, and shall provide copies of all approvals and
licenses upon request.
(b) The operator of a MFDV shall provide the City, or other regulatory agencies, their
Florida State sales tax number upon request and shall maintain display a current
vehicle registration tag.
(c) The mobile food establishment shall make the dispensing vehicle available for
routine inspections by the City of Okeechobee Fire Marshal, Building Inspector, or
Code Enforcement Officer at any time requested and at any frequency deemed
appropriate,while at location or in operation,to ensure compliance with all applicable
federal, state, and local fire safety statutes, regulations and codes, and local
regulations of this section.
(d) Mobile food establishments shall comply with all requirements of the most current
edition of the Florida Fire Prevention Code (FFPC) and the National Fire Protection
Association (NFPA). Upon inspection, if the fire marshal or an authorized designee
determines any violations of the FFPC or NFPA exist,the mobile food establishment
can be required to cease operations immediately.
(e) Mobile food establishments shall have hand sanitizer, or similar, visible and readily
available for customer use at all times during hours of operation.
�f MFDVs that wish to remain operational on the same site for longer than two (2)
consecutive hours must provide restrooms, or written consent from the property
owner allowing public access to existing restrooms within 150 feet of the stationary
vehicle.
(g) MFDV operations shall not interfere with vehicular and pedestrian movement or
visibility, block access to loading/service areas, emergency access and fire lanes.,
driveways,sidewalks,emergency exits,or damage landscaped areas on adjacent sites.
(h) Except for Class III MFDVs operating in the right of way according to the
provisions of 14-361(2), waste receptacles, not less than 32 gallons, shall be
provided adjacent to the MFDV, for litter associated with the sales activity. The
MFDV operator shall remove all litter, debris and other waste attributable to the
vendor and/or customers on a daily basis and ensure that waste disposal receptacle
is not overfilled at any time.
Waste, fat, oil, grease, greywater or similar substances shall not be discharged into
any stormwater system,landscape area, sidewalks,or rights of way. MFDV operators
are responsible for proper disposal of any waste material in accordance with federal,
state, county, or municipal laws, rules, regulations, orders, or permits.
Mobile Food Dispensing Vehicles shall not sell alcohol unless specifically licensed
to do so and must provide copies of all alcohol-related licensing upon request.
(k) Except for Class III vehicles operating in the rights of way according to the provisions
of 14-361(2), a MFDV shall not make sounds, announcements, or amplify music to
call attention to its vending or products either while traveling on public or private
right-of-way or when stationery.
Using balloons, banners, snipe signs, large flashing lights, flags, or other similar
devices to attract customers is prohibited, except in accordance with City sign
regulations.
(m) MFDVs shall not park within any required landscape buffers or stormwater
retention/detention area.
(n) MFDVs shall not obstruct the usage of American with Disabilities Act (ADA)
accessible parking spaces or associated ADA access aisles.
(,oq Serving from a free-standing grill is prohibited.
(p) It is prohibited to solicit sales of food or beverages by:
i. Stopping passersby;
ii. Yelling or making loud noise to attract customers:,
iii. Using sound amplification in such a manner as to unreasonably disturb peace,
quiet and comfort; or
iv. Having an attraction which will blockade a street, sidewalk or other public
place.
Sec. 14-365. Enforcement.
(1) Owners and operators of mobile food dispensing vehicles and property owners on which
such vehicles operate, shall be jointly and severally liable for any violations of this section,
subject to the penalty provisions set forth in this section.
(2) City Code compliance shall be responsible for the enforcement of the provisions within
section 14-300. MFDVs operating in non-compliance of any of the provisions of this section
will have the option to immediately cease all operations and leave the location. If there is
refusal leave the site, a citation in the amount of no less than $200.00 per infraction/per day
will be issued to the landowner and the City will bring forward a code compliance case
against the underlying landowner with the intent of collecting the fine in accordance with
City code compliance enforcement procedure.
Secs. 14-366-14-380. Reserved.
SECTION 4. Chapter 90 -Zoning, is hereby amended by adding "Mobile Food
Dispensing Vehicles"to the list of special exception uses in the CPO, CLT, CHV, CBD,
IND, PUB, and RH zoning districts, and allowing for temporary signage associated with
MFDVs as follows:
CHAPTER 90— ZONING
* * * * * * * * * * * * *
ARTICLE III. DISTRICTS AND DISTRICT REGULATIONS
* * * * * * * * * * * * *
DIVISION 6. - COMMERCIAL PROFESSIONAL AND OFFICE (CPO) DISTRICT
* * * * * * * * * * * * *
Sec. 90-223. - Special exception uses.
* * * * * * * * * * * * *
(14)Mobile Food Dispensing Vehicles
* * * * * * * * * * * * *
DIVISION 7. - LIGHT COMMERCIAL (CLT) DISTRICT
* * * * * * * * * * * * *
Sec. 90-253. - Special exception uses.
* * * * * * * * * * * * *
(24) Mobile Food Dispensing Vehicles
* * * * * * * * * * * * *
DIVISION 8.- HEAVY COMMERCIAL (CHV) DISTRICT
* * * * * * * * * * * * *
Sec. 90-283. - Special exception uses.
* * * * * * * * * * * * *
(29) Mobile Food Dispensing Vehicles
* * * * * * * * * * * * *
DIVISION 9. - CENTRAL BUSINESS (CBD) DISTRICT
* * * * * * * * * * * * *
Sec. 90-313. - Special exception uses.
* * * * * * * * * * * * *
(14)Mobile Food Dispensing Vehicles
* * * * * * * * * * * * *
DIVISION 10. —INDUSTRIAL (IND)DISTRICT
* * * * * * * * * * * * *
Sec. 90-343. - Special exception uses.
* * * * * * * * * * * * *
(13)Mobile Food Dispensing Vehicles
* * * * * * * * * * * * *
DIVISION 11. - PUBLIC USE(PUB) DISTRICT
* * * * * * * * * * * * *
Sec. 90-373. - Special exception uses.
* * * * * * * * * * * * *
(4) Mobile Food Dispensing Vehicles
* * * * * * * * * * * * *
DIVISION 15.—RURAL HERITAGE (RH) DISTRICT
* * * * * * * * * * * * *
Sec. 90-436. -Special exception uses.
* * * * * * * * * * * * *
(2) Reserved. Mobile Food Dispensing Vehicles.
(3)Reserved.
* * * * * * * * * * * * *
ARTICLE IV. SUPPLEMENTARY DISTRICT REGULATIONS
* * * * * * * * * * * * *
DIVISION 5. - SIGNS
* * * * * * * * * * * * *
Sec. 90-570.—Allowable temporary signs (no permit required).
* * * * * * * * * * * * *
(b) The following temporary signs are permitted without a sign permit,provided that the sign
conforms to the requirements associated therewith. Further,these signs shall not be counted
as part of the allowable number or area of freestanding or building signs.
* * * * * * * * * * * * *
(5) Except for Class III MFDVs operating in the right of way according to the
provisions of 14-361(2), and unless otherwise permitted according to an approved
special exception or temporary use permit, Mobile Food Dispensing Vehicles
(MFDV) are allowed one (1) non-affixed, A-frame ground sign to be no larger than
twenty (20) square feet in area(including both sides),to be removed once the
business is no longer operational.
* * * * * * * * * * * * *
SECTION 5. That all ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 6. That this Ordinance shall take effect immediately upon its final adoption by
the City Commission of the City of Okeechobee, Florida.
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE
CITY OF OKEECHOBEE, FLORIDA, THIS DAY OF ,
2023.
FIRST READING:
ADVERTISED:
SECOND READING:
BY:
ATTEST:
Lane Earnest Gamiotea, CMC, CITY CLERK
CITY ATTORNEY
Approved as to form and legality for use
and reliance of the City of Okeechobee, Florida
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE
CITY OF OKEECHOBEE, FLORIDA, THIS DAY OF ,
2023.
FIRST READING:
ADVERTISED:
SECOND READING:
BY:
ATTEST:
Lane Earnest Gamiotea, CMC, CITY CLERK
CITY ATTORNEY
Approved as to form and legality for use
and reliance of the City of Okeechobee, Florida
City of Okeechobee Date: 3.,7 J Petition No. ,93..0OI- TA
General Services Department Fee Paid: N/A Jurisdiction: ?e).* Cl'
55 S.E. 3rd Avenue, Room 101 1st Hearing: "d
Okeechobee, Florida 39974-2903 a��3 2 Hearing: 5-as (p- 0-��
Phone: (863) 763-3372, ext. 218 Publication Dates:
Fax: (863) 763-1686 Notices Mailed: °IA
APPLICATION FOR TEXT AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS
APPLICANT INFORMATION
1 Name of Applicant: CI" QFOKge , ) - .
2 Mailing address: 5 SE,3rd Al/enuA-)
3 E-mail address:
4 Daytime phone(s):
Do you own residential property within the City? ( ) Yes ( ) No
If yes, provide address(es)
5 ,_
Do you own nonresidential property within the City? ( ) Yes ( ) No
If yes, provide address(es)
6 i\\
fir
REQUEST INFORMATION
Request is for: (i) Text change to an existing section of the LDRs
7 ( ) Addition of a permitted use ( ) Deletion of a permitted use
( V ) Addition of a special exception use ( ) Deletion of a special exception use
( )Addition of an accessory use ( ) Deletion of an accessory use
Provide a detailed description of text changes to existing section(s) showing deletions in strikeout and
additions in underline format. (This description may be provided on separate sheets if necessary.)
pioo5pci br L _
8
LDR Amendment Application Pagel of 3
Provide a detailed listing of use(s) to be added or deleted and the zoning district(s) and section(s) to
be changed. (This description may be provided on separate sheets if necessary.)
9ce P tP
9
REQUIRED ATTACHMENTS
Non-refundable application fee of$500
Note: Resolution No. 98-11 Schedule of Land Development Regulation Fees and Charges -
10 When the cost for advertising publishing and mailing notices of public hearings exceeds the
established fee, or when a professional consultant is hired to advise the city on the application,
the applicant shall pay the actual costs.
Confirmation of Information Accuracy
I hereby certify that the information in this application is correct. The information included in this application is
for use by the City of Okeechobee in processing my request. False or misleading information may be
punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this
application.
Signature Printed Name Date q2
For questions relating to this application packet, call General Services Dept. at(863)-763-3372, Ext. 218
LDR Amendment Application Page 2 of 3
FINDINGS REQUIRED FOR GRANTING A
CHANGE IN LAND DEVELOPMENT REGULATIONS
(Sec. 70-340, LDR page CD70:16 as modified for a text amendment)
It is the Applicant's responsibility to convince the Planning Board/LPA and City Council that approval of the
proposed request is justified. Specifically, the Applicant should provide in his/her application and presentation
sufficient explanation and documentation to convince the reviewing bodies to find that the proposed change
and its likely effects:
1. Are not contrary to Comprehensive Plan requirements.
2. Are compatible with the intent of the LDRs and specifically the intent of the zoning district(s) affected.
3. Will not have an adverse effect on the public interest.
4. Are appropriate for the locations proposed and reasonably compatible with other land uses allowed in the zoning
districts affected, and is not contrary or detrimental to urbanizing land use patterns.
5. Will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of
other properties in the zoning district(s)affected or nearby thereto.
6. Can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the
neighborhood.
7. Will not create a density pattern that would overburden public facilities such as schools, streets, and utility services.
8. Will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety.
9. Will not inordinately burden properties in the affected zoning districts by unnecessary restrictions.
Your responses to these findings should be as descriptive as possible. Attach additional pages as may be
necessary to adequately make your case. The City will, in the Staff Report, address the request and evaluate
it and the Applicant's submission in light of the above criteria and offer a recommendation for approval or
denial.
LDR Amendment Application Page 3 of 3