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ORDINANCE NO. 2023- a, pm pale 0 tit tralk
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING CITY
CODE OF ORDINANCES CHAPTER 14 - BUSINESSES BY ADDING ARTICLE VI
REGULATING THE OPERATION OF MOBILE FOOD DISPENSING VEHICLES WITHIN
CITY LIMITS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Okeechobee, Florida, has adopted Ordinance Number 716, as
amended, known as the Land Development Regulations; and
WHEREAS, the City of Okeechobee, Florida, has a legitimate interest in periodic review of its Ordinances
and Land Development Regulations in order to address certain inconsistencies or outdated
regulations contained in the Codes; to make amendments to meet changing community standards,
or to accommodate new development; and to create new ordinance or regulation to better serve the
public and to make the Code a more consistent and easier to understand document; and
WHEREAS, the Planning Board for the City of Okeechobee, Florida, acting as the Local Planning Agency,
reviewed and discussed the proposed amendments, also known as Land Development Regulation
Text Amendment Application No. 23- -TA, at a duly advertised Public Hearing held on September
16, 2021, and based on findings of fact by the Planning Staff, hereby recommends certain changes,
amendments or modifications to the Code of Ordinances, to present to the City Council for ordinance
adoption and codification; and
WHEREAS, the City Council for the City of Okeechobee, Florida, considered the recommendations by the
Planning Board and concludes that enacting such amendments to be in the best interest of its citizens
of said City, that said amendments are necessary and appropriate to make the Land Development
Regulations more consistent and responsive to the needs of the City and its citizens.
WHEREAS, the Governor of the State of Florida signed into law the Occupational Freedom and Opportunity
Act (SB474/HB1171) ("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") only allows MFDV's licensed by the Florida Department of
Business& Professional Regulation ("DBPR"), which includes mobile hot dog carts and food trucks, to
operate on established, occupied commercially zoned and developed properties and established or
occupied churches or houses of worship but excluding vacant property or commercial zoned properties
primarily used for residential; 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
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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; and
WHEREAS,for purposes of this Ordinance, underlined type shall denote additions to and strike through shall
denote deletions from the original text;
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF
OKEECHOBEE, FLORIDA THAT:
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. Chapter 14, Article VI of the City Code of Ordinances is hereby adopted to read as
follows:
ARTICLE VI. MOBILE FOOD DISPENSING VEHICLES
DIVISION 1. GENERALLY
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.
Secs. 14-302-14-340. Reserved.
DIVISION 2. PERMIT
Sec. 14-341. Mobile food dispensing vehicles.
(A). Definitions. For the purposes of this section the following definitions shall apply:
Mobile food dispensing vehicle is any vehicle that is a public food service establishment and that is
self-propelled or otherwise movable from place to place and includes self-contained utilities, including, but
not limited to, qas, water, electricity or liquid waste disposal.
(B). General requirements.
1. MFDVs shall remove from the site all vehicles of conveyance and any portable apparatus
immediately upon declaration of a hurricane watch or warning for Okeechobee County by the
National Hurricane Center.
(C). Requirements for MFDVs.
1. The business location for an MFDV shall meet the following criteria:
a. The owner of the property has provided written permission to use the site.
b. The site shall have at least one parking space for the merchant and two parking spaces for
customers.
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c. Portable toilets, or toilets contained within campers or recreation vehicles. Portable toilets
may be used for temporary seasonal sales on vacant lots.
2. Permitted site locations are as follows:
a. MFDVs may operate on a property developed with an existing, active use in the CBD,
CHV, CLT, CPO, IND, and PUB zoning districts. In addition, unless explicitly prohibited by
an associated development agreement MFDVs may operate on property developed with
existing and active uses zoned PUD-M. Vacant, undeveloped lots/parcels or non-active
use areas are not eligible for MFDV operation.
b. Commercially zoned properties used principally for residential purposes are not eligible.
c. Actively used and developed house of worship properties, regardless of zoning
classification, may be used for MFDVs consistent with the requirements set forth in this
section unless there are specific conditions prohibiting or regulating MFDV activities under
an approved conditional use.
(D). Prohibitions.
MFDVs shall not be located on City-owned land or on City road rights-of-way unless authorized
by the City Administrator.
(E). Appeal from action of City Administrator.
Any person aggrieved by the action of the City Administrator as provided in this section shall
have the right of appeal as provided in section 70-301, City of Okeechobee Code of Ordinances.
Secs. 14-342-14-380. Reserved.
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.
INTRODUCED for First Reading and set for Final Public Hearing on this day of
Dowling R. Watford, Jr., Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
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PASSED AND ADOPTED after Second and Final Public Hearing this day of
Dowling R. Watford, Jr., Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John J. Fumero, City Attorney
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