2024-06-04 VI.C. Ex.6 • , MINUTE FILE
Exhibit 6
06/09/'I'EM4 ✓I• C,
The 2023 Florida Statutes (including Special Session C)
509.102 Mobile food dispensing vehicles;temporary commercial kitchens; preemption.—
(1)(a) As used in this section,the term"mobile food dispensing vehicle"means 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, gas,
water, electricity, or liquid waste disposal.
(b) As used in this section, the term "temporary commercial kitchen" means any kitchen
that is a public food service establishment used for the preparation of takeout or delivery-
only meals housed in portable structures that are movable from place to place by a tow or
are self-propelled or otherwise axle-mounted, that include self-contained utilities,
including, but not limited to, gas, water, electricity, or liquid waste disposal. Such kitchens
are subject to all provisions of this chapter except as may be provided herein.The term does
not include a tent.
(2)(a) Regulation of mobile food dispensing vehicles, and temporary commercial kitchens,
involving licenses, registrations, permits, and fees is preempted to the state.A municipality,
county, or other local governmental entity may not require a separate license, registration,
or permit other than the license required under s. 509.241, or require the payment of any
license, registration, or permit fee other than the fee required under s. 509.251, as a
condition for the operation of a mobile food dispensing vehicle or temporary commercial
kitchen within the entity's jurisdiction. A municipality, county, or other local governmental
entity may not prohibit mobile food dispensing vehicles or temporary commercial kitchens
from operating within the entirety of the entity's jurisdiction.
(b) Any mobile food dispensing vehicle or temporary commercial kitchen that is operated
on the same premises as and by a separately licensed public food service establishment
may operate during the same hours of operation as the separately licensed public food
service establishment that operates such mobile food dispensing vehicle or temporary
commercial kitchen.
(3)(a) A temporary commercial kitchen may be used in conjunction with a permanent food
service establishment licensed under this chapter for the purpose of supplementing the
kitchen operations of the licensed permanent food service establishment. A temporary
commercial kitchen may operate in this capacity as follows:
1. On the premises of the licensed permanent food service establishment for 60
consecutive days. Upon request of the operator of a temporary commercial kitchen, the
division may grant one extension of up to 60 additional consecutive days.
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2. During a period of renovation, repair, or rebuilding, on the premises of the licensed
permanent food service establishment or off the premises within the line of sight of, and not
to exceed 1,320 feet from, the licensed permanent food service establishment for 120
consecutive days. The division may exercise discretion to grant an additional extension of
time upon a reasonable and reliable demonstration by the licensed permanent food service
establishment that additional time is needed to complete the renovation, repair, or
rebuilding.
(b) If a permanent food service establishment licensed under this chapter, or the land
upon which that establishment is sited, is rendered uninhabitable due to a natural disaster
that is the subject of a declared state of emergency, a temporary commercial kitchen may
operate on the premises of, or as near as reasonably practicable to, the location of the
licensed permanent food service establishment. A temporary commercial kitchen may
operate in this capacity only during the period of repair and rebuilding of the permanent
establishment with which it is associated.The operators of a temporary commercial kitchen
operating in this capacity must notify the division of the kitchen's location and renew the
notification every 90 days for the duration of its operation.
(c) Except as authorized under paragraphs (a) and (b), a temporary commercial kitchen
may not operate in one location for longer than 30 consecutive days. The operators of a
temporary commercial kitchen must notify the division within 48 hours after commencing
operation in a location.
(4) This section may not be construed to affect a municipality, county, or other local
governmental entity's authority to regulate the operation of mobile food dispensing vehicles
or temporary commercial kitchens other than the regulations described in subsection (2).
(5) This section does not apply to any port authority, aviation authority, airport, or seaport.
History.—s. 75, ch. 2020-160; s. 2, ch. 2023-48.
m uni! rr r i
City of Okeechobee, Florida Mobile Food Dispensing Vehicles, Ord. 1272 C-.
REFERENCE MATERIAL—Excerpts of the State Food Truck Statute
The state food truck statute starts with the prohibitions and permissions:
Prohibition 1: No extra fees or permits.
Regulation of mobile food dispensing vehicles, and temporary commercial
kitchens, involving licenses, registrations, permits, and fees is preempted to the
state. A municipality,county, or other local governmental entity may not require a
separate license, registration, or permit other than the license required under s.
509.241,or require the payment of any license,registration,or permit fee other than
the fee required under s. 509.251, as a condition for the operation of a mobile food
dispensing vehicle or temporary commercial kitchen within the entity's
jurisdiction. s. 509.102(2)(a), Fla. Stat.
The City is aware of this and accounted for it in the preamble to the current MFDV
ordinance.
Prohibition 2: No outright ban on food trucks within the City limits.
"A municipality, county, or other local governmental entity may not prohibit
mobile food dispensing vehicles or temporary commercial kitchens from operating
within the entirety of the entity's jurisdiction."s. 509.102(2)(a), Fla. Stat.
The City is aware of this and has accounted for it in the current MFDV ordinance by
selecting specific zoning classifications where food trucks can operate.
Prohibition 3: No bans on food trucks operating on the same parcel as their main
restaurant.
Any mobile food dispensing vehicle or temporary commercial kitchen that is
operated on the same premises as and by a separately licensed public food service
establishment may operate during the same hours of operation as the separately
licensed public food service establishment that operates such mobile food
dispensing vehicle or temporary commercial kitchen. s. 509.102(2)(b), Fla. Stat.
The City is aware of this and will address it in future amendments to the Code.
Permission 1: The City can still regulate the operation of MFDVs outside of the above 3
prohibitions.
'This section may not be construed to affect a municipality, county, or other local
governmental entity's authority to regulate the operation of mobile food dispensing
vehicles or temporary commercial kitchens other than the regulations described in
subsection(2)." s. 509.102(4), Fla. Stat.
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§ 14-300 OKEECHOBEE CODE
ARTICLE VI. MOBILE FOOD frozen water-based food products, soft
DISPENDING VEHICLES (MFDV) serve or hand-dipped frozen dairy products
or frozen waterbased products and pre-
DIVISION 1. GENERALLY packaged beverages.
(4) Exclusions. As used in this section, the
Sec. 14-300. Title. term MFDV does not include minor
This article shall be known and may be cited children operating lemonade or soft drink
stands, owners or operators of fresh fruit
as the Food Truck Ordinance." and/or vegetable stands or other raw,
(Ord. No. 1272, § 2, 7-18-2023) uncooked, unprepared, or nonedible
Sec. 14-301. Authority. perishable goods, or owners or operators
of food or beverage self-service vending
This article is enacted under the home rule machines.
power of the city in the interest of the health, (Ord. No. 1272, § 2, 7-18-2023)
safety,peace,and general welfare of the people of
the city. Secs. 14-342-14-360. Reserved.
(Ord. No. 1272, § 2, 7-18-2023)
Sec. 14-302. Applicability. DIVISION 3. OPERATIONS
This section applies to vendors operating mobile Sec. 14-361. Operating without special
food dispending vehicles (MFDV) as defined in exception use petition
Florida Statutes. approval or temporary use
(Ord. No. 1272, § 2, 7-18-2023) permit.
Secs. 14-303-14-340. Reserved. (a) All classes of MFDV may operate on private
property in the CPO, CLT, CHV, CBD, or IND
zoning districts or on any property where a
DIVISION 2. CLASSIFICATIONS permanent house of worship use is located accord-
ing to the following standards:
Sec. 14-341. MFDV classifications. (1) Written, signed consent of the owner of
(a) Classifications. Mobile food establish- the property on which the vehicle is
ments involving the use of a MFDV shall be operating shall be available upon request
classified as follows: by a representative of the city or any
(1) Class I - Mobile kitchens. In addition to regulating agency. The written consent
the vending of products allowed for Class shall specify the address and/or parcel
II and Class III,these vehicles may cook, identification number, and the approved
prepare, and assemble food items in the operating days and times authorized by
unit and serve a full menu. This also the owner.
includes vending carts. (2) No more than two MFDVs shall operate
(2) Class II- Canteen trucks. These vehicles on one parcel at the same time.
vend fruits, vegetables, precooked foods, (3) MFDV operations, including customer
prepackaged foods, and pre-packaged queuing/waiting area may not occupy
drinks. No preparation or assembly of more than five percent of the parking
foods or beverages may take place on or spaces required for the other active
in the vehicle, however, the heating of permitted use(s) on any parcel.
pre-cooked foods is allowed. (4) Existing internal and external vehicle
(3) Class III-Ice cream trucks.These vehicles circulation patterns shall not be affected
vend only pre-packaged frozen dairy or by MFDV operations. The MFDV opera-
Supp. No. 18 CD14:40
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BUSINESSES § 14-363
tions shall not cause or increase vehicle Sec. 14-362. Operating with a special
queuing, congestion, or hazardous condi- exception use approval.
tions.
All classes of MFDVs may operate as a special
(5) Freestanding signage for each MFDV is exception use in those zoning districts where
limited to one non-affixed,A-frame ground MFDVs are listed as a special exception use and
sign to be no larger than 20 square feet only as approved through the special exception
in area (including both sides), to be use petition process in accordance with any
removed once the MFDV is no longer conditions and site design standards required as
operational. part of the special exception use petition approval.
(6) Placement of tables,seating,and canopies
Application considerations are as follows:
is not permitted in association with MFDV (1) A pre-petition meeting with city staff is
operations. recommended.
(7) All standards of section 14-364 shall (2) Upon determination by the city
apply. administrator,a traffic impact study may
be required.
(b) Class III vehicles may operate in the
public right-of-way in any zoning district accord- (3) A site plan shall be submitted demonstrat-
ing to the following standards: ing adequacy of parking,internal/external
vehicular circulation, pedestrian safety,
(1) The MFDV may not be stationary for customer service area,compatibility with
periods exceeding 20 minutes and must existing onsite and offsite uses.
not constitute a hazard to vehicular or
pedestrian traffic at any time. (4) Adequate sanitary facilities,utility,drain-
age, refuse management, emergency
(2) No accessory or appurtenant structures services and access, and similar neces-
or fixtures shall be erected, installed, or sary facilities and services will be avail-
constructed,and no temporary awning or able to serve employees and patrons.
canopy may be employed.
(5) All standards of section 14-364.
(3) No tables, seating, or canopies may be (6) Standards forgrantinga special exce
provided. P p-
tion use provided in section 70-373(b)
(4) No sale of goods shall occur outside of and the findings for approval provided in
any vehicle operating on public rights-of- section 70-373(c).
way.
(7) The ultimate decision to approve, deny,
(5) Operation is limited to the hours between or approve with conditions any special
9:00 a.m. and sundown, whatever time exception use petition shall be the
that may occur. responsibility of the city board of adjust-
(6) No sale or distribution of alcoholic bever- went, which may impose any condition
ages is permitted. necessary to ensure compatibility of the
proposed use and ensure public health,
(7) Short, pre-recorded amplified songs or safety, and welfare.
tunes may be broadcast so long as they (Ord. No. 1272, § 2, 7-18-2023)
comply with the city noise and vibration
standards. Amplified music lyrics may Sec. 14-363. Operating with a temporary
not be broadcast at any time. use permit.
(8) All standards of section 14-364 shall MFDVs may operate on private property,public
apply. property and on rights-of-way as authorized by a
(Ord. No. 1272, § 2, 7-18-2023) temporary use permit and in accordance with
Supp. No. 18 CD14:41
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§ 14-363 OKEECHOBEE CODE
any conditions of that permit. Guidelines for Sec. 14-364. General operating standards.
MFDV temporary use permit conditions are as
follows: The following standards shall apply to all
MFDVs operating in the city unless otherwise
(1) The MFDV operator shall produce a copy stated in the conditions of a special exception use
of the temporary use permit for inspec- petition approval or temporary use permit
tion upon request by a representative of approval or otherwise stated elsewhere in this
the city or any regulating agency. chapter.
(2) MFDV conducting business in conjunc- (1) Any person engaged in selling, prepar-
tion with a city sanctioned event or activ- ing, or dispensing food from a MFDV
ity, or events held on city owned or shall obtain the appropriate approvals
controlled property shall comply with all and licenses from the State of Florida
standards and requirements as DBPR, Florida Department of Health,
established by the event coordinator and/or the Florida Department of
and/or general services department, in Agriculture and Consumer Services before
addition to any applicable regulatory operating and shall provide copies of all
agency's regulations. approvals and licenses upon request.
(3) Adequate sanitary facilities,utility,drain- (2) The operator of a MFDV shall provide
age, refuse management, emergency the city, or other regulatory agencies,
services and access, and similar neces- their Florida State sales tax number
sary facilities and services will be avail- upon request and shall maintain display
able to serve employees, patrons, or a current vehicle registration tag.
participants. (3) The operator shall make the MFDV avail-
able for routine inspections by the fire
(4) Where a tent or similar structure is to be marshal, city building official, or city
used, such structure shall: code enforcement officer at any time
a. Comply with the requirements of requested and at any frequency deemed
the fire marshal. appropriate,while at location or in opera-
b. Provide the city with a certificate of tion, to ensure compliance with all
applicable federal, state, and local fire
insurance to cover the liability of safety statutes, regulations and codes,
the applicant or sponsor. and local regulations of this section.
c. Demonstrate that the tent is flame (4) The operator of the MFDV shall comply
resistant by providing a certificate with all requirements of the most cur-
of flame resistance or other assur- rent edition of the Florida Fire Preven-
ance that the structure has been tion Code (FFPC) and the National Fire
properly treated with a flame Protection Association (NFPA). Upon
retarder and has been maintained inspection, if the fire marshal or an
as such. authorized designee determines any viola-
(5) Freestanding signage for each MFDV is tions of the FFPC or NFPA exist, the
limited to one non-affixed,A-frame ground mobile food establishment can be required
sign to be no larger than 20 square feet to cease operations immediately.
in area (including both sides), to be (5) Mobile food establishments shall have
removed once the MFDV is no longer hand sanitizer, or similar, visible and
operational. readily available for customer use at all
(6) All standards of section 14-364 shall times during hours of operation.
apply. (6) MFDVs that remain operational on the
(Ord. No. 1272, § 2, 7-18-2023) same site for longer than three consecu-
Supp. No. 18 CD14:42
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BUSINESSES § 14-380
tive hours must provide restrooms, or (13) MFDVs shall not park within any required
written consent from the property owner landscape buffers or stormwater retention/
allowing public access to existing rest- detention area.
rooms within 150 feet of the stationary (14) MFDVs shall not obstruct the usage of
vehicle. American with Disabilities Act (ADA)
(7) MFDV operations shall not interfere with accessible parking spaces or associated
vehicular and pedestrian movement or ADA access aisles.
visibility, block access to loading/service
areas, emergency access and fire lanes, (15) Serving from a freestanding grill is
driveways, sidewalks, emergency exits, prohibited.
or damage landscaped areas on adjacent (16) It is prohibited to solicit sales of food or
sites. beverages by:
(8) Except for Class III MFDVs operating in a. Stopping passersby;
the right-of-way according to the provi- b. Yelling or making loud noise to
sions of section 14-361(b), waste attract customers;
receptacles, not less than 32 gallons,
shall be provided adjacent to the MFDV, c. Using sound amplification in such a
for litter associated with the sales activ- manner as to unreasonably disturb
ity. The MFDV operator shall remove all peace, quiet and comfort; or
litter, debris, and other waste attribut- d. Having an attraction which will
able to the vendor and/or customers daily blockade a street,sidewalk,or other
and ensure that waste disposal receptacle public place.
is not overfilled at any time. (Ord. No. 1272, § 2, 7-18-2023)
(9) Waste, fat, oil, grease, greywater, or
similar substances shall not be discharged Sec. 14-365. Enforcement.
into any stormwater system, landscape (a) Owners and operators of MFDV and
area, sidewalks, or rights-of-way. MFDV property owners on which such vehicles operate,
operators are responsible for proper shall be jointly and severally liable for any
disposal of any waste material in violations of this section, subject to the penalty
accordance with federal, state, county, or provisions set forth in this section.
municipal laws,rules,regulations,orders,
or permits. (b) City code enforcement shall be responsible
(10) MFDVs shall not sell alcohol unless specifi for compliance with the provisions within section
cally licensed to do so and must provide 14-300. MFDVs operating in non-compliance of
copies of all alcohol-related licensing upon any of the provisions of this section will have the
request. option to immediately cease all operations and
leave the location. If there is refusal to leave the
(11) Except for Class III vehicles operating in site, a citation in the amount of no less than
the rights-of-way according to the provi-
sions of section 14-361(b), a MFDV shall $200.00 per infraction/per day will be issued to
not make sounds, announcements, or the landowner and the city code enforcement will
bring forward a code compliance case against the
amplify music to call attention to its underlying landowner with the intent of collect-
vending or products either while travel- ing the fine in accordance with city code enforce-
ing on public or private right-of-way or ment procedure.
when stationery. (Ord. No. 1272, § 2, 7-18-2023)
(12) Using balloons,banners,snipe signs,large
flashing lights, flags, or other similar Secs. 14-366-14-380. Reserved.
devices to attract customers is prohibited,
except in accordance with city sign regula-
tions.
Supp. No. 18 CD14:43
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ZONING §90-223
Except where further restricted by these regulations for a particular use, the maximum
height of structures shall be as follows:All uses shall be 45 feet,unless a special exception is
granted.
(5) Single-family dwelling unit minimum living area.
800 square feet
(LDR 1998, § 354; Ord. No. 1079, § 5, 1-17-2012; Ord. No. 1203, § 2, 2-4-2020)
Sec. 90-197. Additional regulations. permitted, and no trucks larger than three-
Additional regulations which shall apply to all quarters ton capacity shall be used,the following
uses in the RMF district include, but are not principal uses and structures are permitted in
limited to: the CPO district:
(1) Concurrency regulations. (1) Professional office,business office, medi-
cal office.
(2) Parking and loading regulations.
(3) Landscaping regulations. (2) Funeral home.
(4) Sign regulations. (3) Storefront church located in a unit in a
multi-use building or shopping center.
(5) Accessory use regulations. (LDR 1998, § 361;Ord. No. 1070, §2, 1-18-2011)
(6) Supplementary use regulations.
(7) Environmental and stormwater regula- Sec. 90-223. Special exception uses.
tions. The following uses and structures are permit-
(8) Utilities regulations. ted in the CPO district after issuance of a special
(LDR 1998, § 355) exception use petition and may have additional
conditions imposed at the time of approval:
Secs. 90-198-90-220. Reserved. (1) Day care center.
DIVISION 6. COMMERCIAL PROFESSIONAL (2) Personal service and dry cleaning on
premises.
AND OFFICE (CPO)DISTRICT*
(3) Cafe.
Sec. 90-221. Generally. (4) Business school.
(a) Commercial professional and office(CPO) (5) Private club.
zoning districts shall be permitted only on land
designated as future land use category com- (6) House of worship.
mercial in the comprehensive plan.
(7) Public facility and use.
(b) Uses in commercial professional and office
(CPO) zoning districts shall be subject to the (8) Public utility.
regulations of this division. (9) Permitted uses in excess of 45 feet in
(LDR 1998, § 360) height.
Sec. 90-222. Permitted uses. (10) Adult family care homes, assisted living
facility as defined in F.S. § 429.02(5).
Subject to the limitations that no retail sales,
or display or storage of merchandise, and no (11) Free-standing drive-up ATM which is
manufacture or mechanical repair work shall be owned and operated by a bank or other
financial institution with an office located
*Cross reference—Businesses,ch. 14. Okeechobee County.
Supp. No. 18 CD90:32.1
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§90-223 OKEECHOBEE CODE
(12) One dwelling unit per commercial build- § 2, 9-28-2015; Ord. No. 1170, § 4, 10-2-2018;
ing, provided that the dwelling unit is Ord. No. 1185, § 2,8-6-2019;Ord. No. 1272,§3,
located either above or behind the ground 7-18-2023)
floor commercial use.
(13) Pawnshop. Sec. 90-224. Customary accessory uses.
Each permitted principal use and special excep-
(14) MFDV. tion use in the CPO district is also permitted to
(LDR 1998, §362;Ord. No. 1008, § 1, 2-19-2008; have the customary accessory uses for that use.
Ord. No. 1115, § 1, 10-21-2014; Ord. No. 1127, (LDR 1998, § 363)
Sec. 90-225. Lot and structure requirements.
Except where further restricted by these regulations for a particular use, the minimum lot and
structure requirements in the CPO district shall be as follows:
(1) Minimum lot area.
All uses: Area 6,250 square feet
Width 50 feet
(2) Minimum yard requirements.
Except where a greater distance is required by these regulations for a particular use,
minimum yard setbacks shall be as follows:
a. All uses: Front 20 feet to buildings;ten feet
to parking and driveway
Side Eight feet; 20 feet abutting
residential zoning district
Rear Ten feet; 20 feet abutting a
residential zoning district
b. The width of an adjacent street or alley may be applied to the increased setback required
when abutting a residential district.
(3) Maximum lot coverage by all buildings.
Maximum Coverage Maximum Impervious
Surface
All uses: 50 percent 60 percent
(4) Maximum height of structures.
Except where further restricted by these regulations for a particular use, the maximum
height shall be as follows: All uses shall be 45 feet, unless a special exception is granted.
(LDR 1998, § 364)
Sec. 90-226. Additional regulations. (4) Sign regulations.
Additional regulations which shall apply to all (5) Accessory use regulations.
uses in the CPO district include, but are not (6) Supplementary use regulations.
limited to:
(1) Concurrency regulations. (7) Environmental and stormwater regula-
tions.
(2) Parking and loading regulations.
(8) Utilities regulations.
(3) Landscaping regulations. (LDR 1998, § 365)
Supp. No. 18 CD90:32.2
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ZONING §90-253
Secs. 90-227-90-250. Reserved. (4) Business school.
(5) Radio, television or cable reception,
DIVISION 7. LIGHT COMMERCIAL(CLT) transmission or operational facilities.
DISTRICT*
(6) Commercial indoor recreation.
Sec. 90-251. Generally. (7) Commercial parking garage or lot, taxi-
(a) Light commercial (CLT) zoning districts stand.
shall be permitted only on land designated as (8) Outdoor vehicle sales lot.
future land use category commercial in the
comprehensive plan. (9) House of worship.
(b) Uses in light commercial (CLT) zoning (10) Marina, dock, pier.
districts shall be subject to the regulations of (11) Enclosed storage.
this division.
(LDR 1998, § 370) (12) Public facility or use.
Sec. 90-252. Permitted uses. (13) Public utility.
The following principal uses and structures (14) Permitted uses in excess of 45 feet in
height.
are permitted in the CLT district:
(1) Professional office, business office,medi- (15) One dwelling unit per commercial build-
cal office. ing, provided that the dwelling unit is
located either above or behind the ground
(2) Retail store, retail service. floor commercial use.
(3) Personal service. (16) Group home.
(4) Craft studio. (17) Adult family care homes, assisted living
(5) Storefront church located in a unit in a facilities as defined in F.S. § 429.02(5).
multi-use building or shopping center.
(18) Nursing homes.
(6) Pet grooming.
(19) Taxidermist.
(7) Convenience store.
(20) Free-standing drive-up ATM which is
(8) Medical marijuana dispensary as defined owned and operated by a bank or other
and regulated in F.S., § 381.986. financial institution with an office located
(LDR 1998, §371;Ord. No. 1070, § 2, 1-18-2011; in Okeechobee County.
Ord. No. 1119, § 2, 2-17-2015; Ord. No. 1130,
§ 3, 1-19-2016; Ord. No. 1163, § 1, 1-16-2018) (21) Alcohol and drug rehabilitation center/
detox center.
Sec. 90-253. Special exception uses. (22) Recovery center/sober home.
The following uses and structures are permit- (23) Pawnshop.
ted in the CLT district after issuance of a special
exception use petition and may have additional (24) MFDV.
conditions imposed at the time of approval: (LDR 1998, § 372; Ord. No. 962, § 1, 12-5-2006;
(1) Restaurant, take-out restaurant, cafe. Ord. No. 1008, § 2, 2-19-2008; Ord. No. 1067,
§ 1, 9-14-2010; Ord. No. 1079, § 6, 1-17-2012;
(2) Dry cleaner/laundry, laundromat. Ord. No. 1119, § 3, 2-17-2015; Ord. No. 1127,
(3) Private club, nightclub, and bar. § 3, 9-28-2015; Ord. No. 1130, § 4, 1-19-2016;
Ord. No. 1170, § 5, 10-2-2018; Ord. No. 1185,
*Cross reference-Businesses,ch. 14. § 3, 8-6-2019; Ord. No. 1272, § 3, 7-18-2023)
Supp. No. 18 CD90:32.3
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ZONING §90-283
DIVISION 8. HEAVY COMMERCIAL(CHV) (19) Pawnshop.
DISTRICT* (LDR 1998, §381;Ord. No. 1070, § 2, 1-18-2011;
Ord. No. 1079, § 6, 1-17-2012; Ord. No. 1119,
Sec. 90-281. Generally. § 4, 2-17-2015; Ord. No. 1130, § 5, 1-19-2016;
(a) Heavy commercial (CHV) zoning districts Ord. No. 1163, § 1, 1-16-2018; Ord. No. 1170,
shall be permitted only on land designated as § 6, 10-2-2018; Ord. No. 1185, § 4, 8 6-2019)
future land use category commercial in the Sec. 90-283. Special exception uses.
comprehensive plan.
(b) Uses in heavy commercial (CHV) zoning The following uses and structures are'permit-
districts shall be subject to the regulations of ted in the CHV district after issuance of a special
this division. exception use petition and may have additional
(LDR 1998
sio § 380) conditions imposed at the time of approval:
(1) Drive-through service.
Sec. 90-282. Permitted uses. (2) Auto service station, car wash.
The following principal uses and structures (3) Wholesale,warehouse not including bulk
are permitted in the CHV district: storage of flammable liquids.
(1) Professional office, business office,medi- (4) Enclosed warehouse and storage.
cal office.
(5) Outdoor sales and storage,building trades
(2) Retail service, retail store including contractor.
outdoor display of merchandise.
(6) Flea market.
(3) Restaurant, take-out restaurant, cafe.
(7) Mechanical and repair services.
(4) Personal service.
(8) Commercial outdoor recreation.
(5) Dry cleaner/laundry, laundromat.
(9) Veterinary service.
(6) Funeral home.
(10) Crematory.
(7) Hotel, motel.
(11) Marina, dock, pier.
(8) Private club, nightclub and bar.
(12) Recreational vehicle park, for transient
(9) Craft studio. recreation use.
(10) Business school. (13) Radio, television or cable reception,
(11) Commercial indoor recreation. transmission or operational facilities.
(12) Commercial parking garage or lot, taxi- (14) Public facility or use.
stand, bus terminal. (15) Public utility.
(13) Storefront church located in a unit in a (16) Permitted uses in excess of 45 feet in
multi-use building or shopping center. height.
(14) Taxidermist. (17) One dwelling unit per commercial build-
(15) Pet grooming. ing, provided that the dwelling unit is
located either above or behind the ground
(16) Convenience store. floor commercial use.
(17) Indoor auction house. (18) Outdoor vehicle sales lot.
(18) Medical marijuana dispensary as defined (19) House of worship.
and regulated in F.S. § 381.986.
(20) Hospitals,which means in patient hospital
*Cross reference—Businesses,ch. 14. care.
Supp. No. 18 CD90:32.5
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§ 90-283 OKEECHOBEE CODE
(21) Adult family care homes, assisted living (28) Pest control(including storage of chemicals
facilities as defined in F.S. § 429.02(5). for use and/or retail sale).
(22) Nursing homes.
(23) Free-standing drive-up ATM which is (29) MFDV.
owned and operated by a bank or other (LDR 1998, § 382; Ord. No. 867, § 1, 8-17-2004;
Ord. No. 962, § 1, 12-5-2006;Ord. No. 1008,§ 3,
financial institution with an office located 2-19-2008; Ord. No. 1067, § 2, 9-14-2010; Ord.
in Okeechobee County. No. 1127, § 4, 9-28-2015; Ord. No. 1130, § 6,
(24) Alcohol and drug rehabilitation center/ 1-19-2016; Ord. No. 1170, § 7, 10-2-2018; Ord.
detox center. No. 1272, § 3, 7-18-2023)
(25) Convenience store with fuel pumps.
(26) Retail pool supplies and equipment Sec. 90-284. Customary accessory uses.
(including storage of chemicals for use
and/or retail sale). Each permitted principal use and special excep-
(27) Water treatment services(including stor- tion use in the CHV district is also permitted to
age of chemicals for use and/or retail have the customary accessory uses for that use.
sale). (LDR 1998, § 383)
Sec. 90-285. Lot and structure requirements.
Except where further restricted by these regulations for a particular use, the minimum require-
ments for lots and structures in the CHV district shall be as follows:
(1) Minimum lot area.
All uses: Area 6,250 square feet
Width 50 feet
(2) Minimum yard requirements.
Except where a greater distance is required by these regulations for a particular use, the
minimum yard setbacks shall be as follows:
a. All uses: Front 20 feet to buildings;ten feet
to parking and driveway
Side Eight feet; 20 feet abutting
residential zoning district
Rear Ten feet; 20 feet abutting a
residential zoning district
b. The width of an adjacent street or alley may be applied to the increased setback required
when abutting a residential district.
(3) Maximum lot coverage by all buildings.
Maximum Coverage Maximum Impervious
Surface
All uses: 50 percent 85 percent
(4) Maximum height of structures.
Except where further restricted by these regulations for a particular use, the maximum
height shall be as follows: All uses shall be 45 feet, unless a special exception is granted.
(LDR 1998, § 384)
Supp. No. 18 CD90:32.6
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ZONING §90-313
Sec. 90-286. Additional regulations. (6) Private club, nightclub, bar.
Additional regulations which shall apply to all (7) Craft studio.
uses in the CHV district include, but are not
limited to: (8) Business school.
(1) Concurrency regulations. (9) Commercial indoor recreation.
(2) Parking and loading regulations. (10) Commercial parking garage or lot.
(3) Landscaping regulations. (11) Storefront church located in a unit in a
(4) Sign regulations. multi-use building or shopping center.
(5) Accessory use regulations. (12) Medical marijuana dispensary as defined
and regulated in F.S., § 381.986.
(6) Supplementary use regulations. (LDR 1998, §391;Ord. No. 1070, §2, 1-18-2011;
(7) Environmental and stormwater regula- Ord. No. 1163, § 1, 1-16-2018; Ord. No. 1185,
tions. § 5, 8-6-2019)
(8) Utilities regulations. Sec. 90-313. Special exception uses.
(LDR 1998, § 385)
The following uses and structures are permit-
Secs. 90-287-90-310. Reserved. ted in the CBD district after issuance or a special
exception use petition and may have additional
conditions imposed at the time of approval:
DIVISION 9. CENTRAL BUSINESS(CBD)
DISTRICT* (1) Drive-through service.
Sec. 90-311. Generally. (2) Auto service station, car wash.
(a) Central business (CBD) zoning districts (3) Radio, television or cable reception,
shall be permitted only on land designated as transmission or operational facilities.
future land use category commercial in the (4) Mechanical and repair services.
comprehensive plan.
(5) House of worship.
(b) Uses in central business (CBD) zoning
districts shall be subject to the regulations of (6) Marina, dock, pier.
this division. (7) Public facility or use.
(LDR 1998, § 390)
(8) Public utility.
Sec. 90-312. Permitted uses. (9) Permitted uses in excess of 45 feet in
The following principal uses and structures height.
are permitted in the CBD district: (10) One dwelling unit per commercial build-
(1) Professional office, business office, medi- ing, provided that the dwelling unit is
cal office. located either above or behind the ground
floor commercial use.
(2) Retail service, retail store including
outdoor display of merchandise. (11) Outdoor vehicle sales lot.
(3) Restaurant, take-out restaurant, cafe. (12) Free-standing drive-up ATM which is
(4) Personal service. owned and operated by a bank or other
financial institution with an office located
(5) Dry cleaner, laundry. in Okeechobee County.
*Cross reference—Businesses,ch. 14. (13) Pawnshop.
Supp. No. 18 CD90:32.7
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§90-313 OKEECHOBEE CODE
(14) MFDV.
(LDR 1998, § 392; Ord. No. 962, § 1, 12-5-2006;
Ord. No. 1127, § 5, 9-28-2015; Ord. No. 1170,
§8, 10-2-2018;Ord. No. 1185,§5,8-6-2019;Ord.
No. 1272, § 3, 7-18-2023)
Sec. 90-314. Customary accessory uses.
Each permitted principal use and special excep-
tion use in the CBD district is also permitted to
have the customary accessory uses for that use.
(LDR 1998, § 393)
Sec. 90-315. Lot and structure requirements.
Except where further restricted by these regulations for a particular use, the minimum lot and
structure requirements in the CBD district shall be as follows:
(1) Minimum lot area.
All uses: Area As needed to comply with
requirements set out in this
division.
Width None
(2) Minimum yard requirements.
Except where a greater distance is required by these regulations for a particular use, the
minimum yard setbacks shall be as follows:
a. All uses: Front None
Side None or at least eight feet;
20 feet abutting residential
zoning district
Rear None; 20 feet abutting a
residential zoning district
b. The width of an adjacent street or alley may be applied to the increased setback required
when abutting a residential district.
(3) Maximum lot coverage by all buildings.
Maximum Coverage Maximum Impervious
Surface
All uses: 85 percent 100 percent
(4) Maximum height of structures.
Except where further restricted by these regulations for a particular use, the maximum
height shall be as follows: All uses shall be 45 feet, unless a special exception is granted.
(5) Maximum floor area ratio. All uses shall be 3 feet.
(LDR 1998, § 394)
Sec. 90-316. Additional regulations. applicant cannot comply with any additional
The following additional regulations shall apply regulation due to the requirements in section
to all uses within this district. In the event an 90-315, such applicant may, in conjunction with
Supp. No. 18 CD90:32.8
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ZONING §90-342
the site plan review by the technical review (4) Research laboratory.
committee,request a waiver of any such additional
regulation. (5) Manufacturing, processing, except those
which produce explosives.
Additional regulations which shall apply to all
uses include but are not limited to: (6) Mechanical and repair services.
(1) Concurrency regulations. (7) Bulk storage of nonhazardous material.
(2) Parking and loading regulations. (8) Off-site sign.
(3) Landscaping regulations. (9) Outdoor sales and storage, building
contractor.
(4) Sign regulations.
(10) Wholesale sales and distribution.
(5) Accessory regulations.
(11) Enclosed warehouse and storage.
(6) Supplementary regulations.
(12) Commercial laundry, dry cleaner.
(7) Environmental and stormwater regula-
tions. (13) Printing.
(8) Utilities regulations. (14) Auto service station, car wash.
(9) Building design guidelines. (15) Drive-through service.
(LDR 1998, § 395; Ord. No. 816, § 1, 2-4-2003; (16) Parking garage, parking lot.
Ord. No. 1079, § 7, 1-17-2012)
(17) Radio, television or cable reception,
Secs. 90-317-90-340. Reserved. transmission or operational facilities.
(18) Veterinary service.
DIVISION 10. INDUSTRIAL(IND) (19) Railroad facilities.
DISTRICT*
(20) Public utility.
Sec. 90-341. Generally. (21) Public facility.
(a) Industrial (IND) zoning districts shall be (22) Storefront church located in a unit in a
permitted only on land designated as future land multi-use building or shopping center.
use category industrial in the comprehensive
plan. (23) Restaurant, take-out restaurant, cafe.
(b) Uses in industrial (IND) zoning districts (24) Barbershop, beauty shop.
shall be subject to the regulations of this divi- (25) Dry cleaner/laundry.
sion.
(LDR 1998, § 400) (26) Nail care.
(27) Shoe repair.
Sec. 90-342. Permitted uses.
(28) Tailor.
The following principal uses and structures (29) Limited agriculture of a commercial nature
are permitted in the IND district: on properties on which there is an active
(1) Business office. agricultural exemption,which was granted
(2) Business school. by the Okeechobee Property Appraiser
not later than September 19, 2013.
(3) Retail service, retail store including
outdoor display of merchandise. (30) Retail pool supplies and equipment,
(including storage of chemicals for use
*Cross reference—Businesses,ch. 14. and/or retail sale).
Supp. No. 18 CD90:32.9
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§90-342 OKEECHOBEE CODE
(31) Water treatment services,(including stor- b. Distance minimums. In addition to
age of chemicals for use and/or retail subsection (10)a of this section, an
sale). adult establishment shall not be
(32) Pest control(including storage of chemicals permitted to open, operate, or be
for use and/or retail sale). enlarged so as to come within the
following distances:
(33) Medical marijuana dispensary as defined 1. One thousand feet of a permit-
and regulated in F.S., § 381.986. ted,preexisting adult entertain-
(34) Pawnshop. ment establishment;
(35) Bar. 2. One thousand feet of a preexist-
(LDR 1998, §401;Ord. No. 1070, § 2, 1-18-2011; ing commercial establishment
Ord. No. 1079, § 8, 1-17-2012; Ord. No. 1108, that in any manner sells or
§ 5, 3-18-2014; Ord. No. 1130, § 7, 1-19-2016; dispenses alcoholic beverages
Ord. No. 1163, § 1, 1-16-2018; Ord. No. 1185, for on-premises or off-premises
§ 6, 8-6-2019) consumption;
3. One thousand feet of a preexist-
Sec. 90-343. Special exception uses. ing religious institution;
4. One thousand feet of a preexist-
The following uses and structures are permit-
ing educational institution, or
ted in the IND district after issuance of a special library;
exception use petition and may have additional
conditions imposed at the time of approval: 5. Five hundred feet of an area
zoned for residential uses;
(1) Manufacturing chemical or leather
products. 6. One thousand feet of a park,
whether improved or not;
(2) Bulk storage of hazardous material and 7. Two hundred feet of a preexist-
flammable liquid. ing government facility, and
(3) Salvage yard. any halfway house.
(4) Other industrial uses not listed. (11) Rehabilitation or half-way homes.
(5) Reserved. a. That as provided in Ordinance No.
(6) Crematory. 967, and included in section 38-43,
rehabilitation facilities or half-way
(7) Fortuneteller. homes for treatment and rehabilita-
tion of sexual offenders shall be a
(8) Permitted uses in excess of 45 feet in special exception use in industrial
height. zoning categories, subject to the fol-
(9) Outdoor vehicle sales lot. lowing restrictions.
(10) Adult entertainment: b. That any such facility shall be subject
to all state laws pertinent to such
a. Notwithstanding any other provi- facilities under the Laws of Florida.
sion of this Code, adult entertain- c. That such facility shall at no time
ment establishments subject to house in excess of six sexual offend-
article V, chapter 14 of subpart A of ers, excluding employees and staff
this Code may not be permitted in of the facility.
any area of the city except as permit-
ted within the industrial district d. That such facility shall be licensed
within the provisions and condi- by the State of Florida and be staffed
tions of this Code. by professional and licensed mental
Supp. No. 18 CD90:32.10
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ZONING §90-345
health care providers, and provide as a sexual offense, regardless of
an organized course of treatment degree of offense or whether
and rehabilitation recognized by the adjudication of guilt was withheld
State of Florida and the standard of by the court.
care recognized by the professions
of psychology or psychiatry. (12) Nursing homes.
e. That such facility shall not be located (13) MFDV.
within 1,000 feet of school,public or (LDR 1998, § 402; Ord. No. 743, § 1(11-80),
private;a child care facility,church, 3-21-2000;Ord. No. 976,§ 1,2-20-2007;Ord. No.
public park, adult entertainment 1067, § 3, 9-14-2010; Ord. No. 1079, § 8, 1-17-
facility or a zoning district of RSF-1; 2012; Ord. No. 1272, § 3, 7-18-2023)
RSF-2; RMF.
f. That sexual offender is defined as Sec. 90-344. Customary accessory uses.
any person convicted under the laws Each permitted principal use and special excep-
of the State of Florida or similar tion use in the IND district is also permitted to
statutes of any other state, country have the customary accessory uses for that use.
or province,for an offense recognized (LDR 1998, § 403)
Sec. 90-345. Lot and structure requirements.
Except where further restricted by these regulations for a particular use, the minimum lot and
structure requirements in the IND district shall be as follows:
(1) Minimum lot area.
All uses: Area As needed to comply with
requirements set out in this
division
Width None
(2) Minimum yard requirements.
Except where a greater distance is required by these regulations for a particular use, the
minimum yard setbacks shall be as follows:
All uses: Front 25 feet
Side 15 feet; 40 feet abutting
residential zoning district
Rear 20 feet; 40 feet abutting
residential zoning district
(3) Maximum lot coverage by all buildings.
Maximum Coverage Maximum Impervious
Surface
All uses: 50 percent 85 percent
(4) Maximum height of structures.
(a) Except where further restricted or enacted by these regulations for a particular use, the
maximum height shall be as follows: All uses shall be 45 feet, for any structure in which
workers are employed and occupy, or a structure not occupied but which is in the nature of a
silo, spire, storage elevator, towers and similar structures, except telecommunication towers
governed by [section] 90-601 of land development regulations;
Supp. No. 18 CD90:32.11
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§90-568 OKEECHOBEE CODE
(24) Signs placed on benches, bus shelters, or (b) For building signs, except murals and
waste receptacles except; noncommercial artwork, the sign area shall be
a. As may be authorized in writing the area within the smallest geometric shape
pursuant to F.S. § 337.407; and, that touches the outer point of raised portions of
the sign, or all of the borders or trims, or in the
b. Waste or recycling receptacles located absence of such border or trim, the outer points
on-site and containing only the name of the letters or pictures.
of the business or organization and
the term "waste", "recycling" or (c) For freestanding signs where two sign
similar terms intended to confer the faces are placed back to back on a single sign
purpose of the receptacle. structure, and the faces are at no point more
than four feet apart, the sign area shall be the
(25) Signs or commercial displays on motor area of one of the faces.
vehicles,trailers,boats,or other transport-
able device in excess of ten square feet (d) For freestanding signs, where four sign
total, when such vehicle, boat, trailer or faces are arranged in a square, rectangle, or
device is parked on any public street, diamond, the sign area shall be the area of the
public right-of-way, on-street parking two largest faces.
space or other public parking area, or (e) Where a freestanding sign or building sign
other municipally owned property,except: is in the form of a three-dimensional object, the
a. For the period during which the sign area shall be the area within the smallest
driver is visiting, patronizing, or geometric shape that touches the outer points or
providing delivery or service to, an edges of the largest possible two-dimensional
establishment in the immediate outline of the three-dimensional object and
vicinity;or, multiplying that area by two.
b. For vehicles which are customarily (Ord. No. 994,§ 1,4-21-2009;Ord. No. 1058,§ 1,
used on a daily basis for delivery or 4 6 2010)
service and which are parked in the Sec. 90-570. Allowable temporary signs
immediate vicinity of the business
to which they are associated. (no permit required).
The purpose of this subsection (25) is to (a) Any temporary sign not complying with
prevent the deliberate use of a vehicle or the requirements of this section is illegal and
other device to thwart the city's limita- subject to immediate removal by the city.
tions on off-premises advertising. (b) The following temporary signs are permit-
(26) Off-premises signs on any property other ted without a sign permit,provided that the sign
than property located within the industrial conforms to the requirements associated
zoning district, except that certain off- therewith. Further, these signs shall not be
premises signs are allowed as provided counted as part of the allowable number or area
for under subsections (24)a. and (25) of of freestanding or building signs.
this section and in section 90-575. (1) Signs to indicate that an owner is,either
(Ord. No. 994,§ 1,4-21-2009;Ord. No. 1058,§ 1, personally or through an agent, actively
4-6-2010) attempting to sell,rent,or lease property
on which the sign is located, provided
Sec. 90-669. Sign area computation. that the sign:
(a) For freestanding signs,the sign area shall a. Does not include the price,terms or
be the area within the smallest geometric shape similar details.
that touches the outer points or edges of the sign b. Is not illuminated in any manner so
face. as to create a traffic hazard or
Supp. No. 18 CD90:44.2
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ZONING §90-572
distraction,or constitute a nuisance (4) Within the CBD District only,temporary
to any adjacent or surrounding portable signs placed on the city owned
property. sidewalk in front of the business provided
c. Does not exceed six square feet in they do not interfere or endanger
area in residential districts. pedestrian traffic and are not displayed
any time other than during the normal
d. Does not exceed 32 square feet in all operating hours of the business.
other districts.
(5) Except for Class III MFDVs operating in
e. Is removed immediately after sale, the right-of-way according to the provi-
lease or rental. sions of section 14-361(2), and unless
(2) Construction site identification signs otherwise permitted according to an
provided that the sign: approved special exception use petition
or temporary use permit, MFDV are
a. Does not exceed 32 square feet in allowed one non-affixed,A-frame ground
sign area. sign to be no larger than 20 square feet
b. Is not displayed more than 60 days in area (including both sides), to be
prior to the beginning of actual removed once the business is no longer
construction of the project. operational.
(Ord. No. 994,§ 1,4-21-2009;Ord. No. 1058,§ 1,
c. Is removed within 15 days after the 4-6-2010; Ord. No. 1272, § 3, 7-18-2023)
issuance of the final certificate of
occupancy. Sec. 90-571. Freestanding monument
d. Is removed if construction is not signs.
initiated within 60 days after the
message is displayed,or if construc- Freestanding monument signs are permitted
tion is discontinued for a period of within all commercial and industrial zoning
more than 60 days, pending initia- districts provided that;
tion or continuation of construction (1) The sign area for each multiple occupancy
activities. complex and each occupant not located in
e. Is not located on a public right-of- a multiple occupancy complex shall not
way. exceed 64 square feet in area, or eight
(3) Signs, including portable signs, to feet in height.
announce or advertise such temporary (2) No development shall have more than
uses as fairs, carnivals, circuses, reviv- one freestanding monument sign.
als,sporting events,festivals or any public,
charitable educational or religious event (3) They are located consistent with all
or function, provided that the sign: applicable set back requirements and are
not located in a public right-of-way.
a. Is located on the lot same property (Ord. No. 994, § 1, 4-21-2009)
where the event will occur or, if
located elsewhere, the written Sec. 90-572. Building signs.
consent of the property owner on
which the sign(s)will be located has (a) Building signs for buildings with a single
been obtained, business or occupant;
b. Is not displayed more than 14 days (1) The total area of all building signs for an
prior to the event, and enterprise shall not exceed one square
c. Is removed within three days after foot of sign face area for each linear foot
the event. of property along the front of the lot. For
Supp. No. 18 CD90:44.3
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