2024-07-02 VIII. H. Ex 10 • • Exhibit 10ipthi 14.
07/02/2024 Ce_
City of Okeechobee, Florida Mobile Food Dispensing Vehicles, Ord. 1272
Question Presented:
How may the City Code be amended to ensure that Mobile Food Dispensing Vehicles, or"food
trucks", do not remain stationed at a single location or area for an unreasonable time period?
Solution 1: The "Two-Day/One Truck" Rule
Amend Code section 14-361(l)(b)to reduce the maximum number of food trucks on a single
parcel from two to one:
(b) No more than two(2)one (1)MFDVs shall operate on one parcel at the same
time.
Further, Amend Code section 14-361(1) to add new letters `h,' `i,' and `j':
(h) An MFDV may not beparked on any single parcel or contiguous parcels under
conunom ownership for a period exceeding forty-eight hours. Each period of
forty-eight hours shall be referred to herein as a"Service Period".
(i) An MFDV must remain away from a parcel or contiguous parcels under common
ownership for no fewer than 24 hours in-between Service Periods.
(i) Pursuant to Florida Statutes Section 509.102(2)(b) as amended from time to time,
the foregoing subsections (h)and(i) shall not apply to an MFDV that is operated
on the same premises as and by a separately licensed public food service
establishment.
Comments: this solution would limit parcels to one food truck at a time, and it would require
food trucks to operate on a two day on/one day off cycle. By coordinating with different owners
of adjoining parcels, food trucks could operate generally in the same area over an extended
period of time while retaining their mobile character. As to the new section (j), food trucks
operating on the same lot as their"parent"restaurant would not be required to move every two
days.
Solution 2: The"60-Day/One Truck" Rule
Amend Code section 14-361(1)(b) to reduce the maximum number of food trucks on a single
parcel from two to one:
(b) No more than twe-(2)one Li)MFDVs shall operate on one parcel at the same
time.
• •
City of Okeechobee,Florida Mobile Food Dispensing Vehicles, Ord. 1272
Further, Amend Code section 14-361(1) to add new letters `h,' and `i,':
(ln) In no case shall an MFDV be permitted to operate on the same parcel of real
property for more than sixty (60) total consecutive or nonconsecutive days per
calendar year.
Li) Pursuant to Florida Statutes Section 509.102(2)(b) as amended from time to time,
the foregoing subsections (h) and(i) shall not apply to an MFDV that is operated
on the same premises as and by a separately licensed public food service
establishment.
Comments: this solution would limit parcels to one food tuck at a time,and it would require
food trucks to choose their days of operation on a parcel so as not to exceed 60 days.
Issue: Identifying a violation of this Code revision would be more difficult than the 48 hours
rule.
Solution 3: Addition suggestions to 14-361(1) add letters "g"and"h"
(g) An MFDV may not be parked on any one parcel (or contiguous parcels under
conunon ownership) for periods exceeding 16 hours in one day.
(h) An MFDV may not be parked on any one parcel (or contiguous parcels under
conunon ownership) two consecutive days in a row.
Solution 4: Another approach to 14-361(1) add letter"g"
(g) An MFDV may not be parked on any one parcel (or contiguous parcels under
common ownership) for periods exceeding 20 hours in one week.
Solution 5: The"Industrial-only"Rule
Amend Code section 14-361(1) to delete references to the CPO, CLT, CHV, and CBD, zoning
districts. This would permit food trucks to operate in the IND zoning district and on any property
where a permanent house of worship use is located. Include the new section(j) from above
regarding existing"parent"restaurants with food trucks on their parcels.
Conunents: this solution does not limit the number of days a food truck may be parked at a single
location,but restricts their operation to the northern portion of the City limits and some areas to
the south along SW 7th Ave and SE 10th Ave.
Solution 6: Leave Ordinance 1272 as is.
None of these solutions would allow grandfathering.
Any of these proposed code amendments could be modified through the due diligence of
the Temporary Use Permit process and the Special Exception Use Approval process.
• •
City of Okeechobee, Florida Mobile Food Dispensing Vehicles, Ord. 1272
Florida Statutes 509.102 Mobile food dispensing vehicles; preemption. —
(1) 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.
(2) Regulation of mobile food dispensing vehicles 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 within the entity's jurisdiction. A municipality, county,
or other local governmental entity may not prohibit mobile food dispensing vehicles from
operating within the entirety of the entity's jurisdiction.
(3) 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 other than the regulations described in subsection (2).
(4) This section does not apply to any port authority, aviation authority, airport, or
seaport.
History. —s. 75, ch. 2020-160.
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.
• •
City of Okeechobee,Florida Mobile Food Dispensing Vehicles, Ord. 1272
"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 mtmicipality, 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.
• •
ORDINANCE NO. 1272
• AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; RELATING TO THE
REGULATION OF THE OPERATION OF MOBILE FOOD DISPENSING VEHICLES
(MFDV) WITHIN THE CITY LIMITS, LAND DEVELOPMENT REGULATION TEXT
AMENDMENT APPLICATION NO. 23-001-TA; AMENDING PART II OF THE CITY CODE
OF ORDINANCES OF THE CITY OF OKEECHOBEE WITHIN CHAPTER 14
BUSINESSES, BY SPECIFICALLY AMENDING ARTICLE VI MFDV, ALLOWING FOR
OPERATION OF MFDV AT HOUSES OF WORSHIP AND IN THE COMMERCIAL
PROFESSIONAL OFFICE (CPO), LIGHT COMMERCIAL (CLT), HEAVY COMMERCIAL
(CHV), CENTRAL BUSINESS DISTRICT (CBD), AND INDUSTRIAL (IND) ZONING
DISTRICTS AND ALLOWING FOR OPERATION OF MFDV IN CONJUNCTION WITH A
TEMPORARY USE PERMIT; AND WITHIN CHAPTER 90 ZONING, BY SPECIFICALLY
AMENDING ARTICLE III DISTRICT AND DISTRICT REGULATIONS, ALLOWING FOR
MFDV AS A SPECIAL EXCEPTION USE IN THE CPO, CLT, CHV, CBD, AND IND,
ZONING DISTRICTS AND ARTICLE IV, SUPPLEMENTARY DISTRICT REGULATIONS;
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 (Senate Bill 474/House Bill 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 MFDV and may not prohibit MFDV from operating within the entirety of
the jurisdiction; and
WHEREAS,the City of Okeechobee, Florida (City) allows MFDV licensed by the Florida Department of Business
and Professional Regulation (DBPR), which includes mobile hot dog carts and food trucks, to operate
according to certain standards; and
WHEREAS, the Planning Board for said City, acting as the Local Planning Agency, reviewed and discussed
the proposed amendments, also known as Land Development Regulation Text Amendment Application
No. 23-001-TA, at duly advertised Public Hearings held on April 20, 2023, and May 18, 2023, 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 said City considered the recommendations by the Planning Board and
concludes that this Ordinance promotes the public health, safety, and welfare of its citizens and
inhabitants of the City, pursuant to Article VIII, Section 1(g), Florida Constitution; and
WHEREAS, the City Council for said City finds and determines that these changes, amendments, or
modifications to the City's Code of Ordinances are consistent with all applicable policies including the
Land Development Regulations and the said City adopted Comprehensive Plan and not in conflict with
the public interest.
NOW THEREFORE, be it ordained before the City Council of said City; presented at a duly advertised public
meeting; and passed by the majority vote of the City Council; and proper'y executed by the Mayor or
designee, as Chief Presiding Officer for the City; that
SECTION 1. RECITALS.
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. AMENDMENT TO CHAPTER 14 BUSINESSES.
• That Part II of the City Code of Ordinances within Chapter 14 Businesses, is hereby amended to read
as follows:
ARTICLE VI. MFDV
Language to be added is underlined
Language to be deleted rs strdck-througti. Ordinance No. 1272 Page 1 of 10
• •
Section 14-300. Title.
This article shall be known and may be cited as the "Food Truck Ordinance."
Section 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.
Section. 14-302. Applicability.
This section applies to vendors operating MFDV as defined in Florida Statute.
Sections. 14.303-14-340. Reserved.
Section 14-341. MFDV Classifications.
ll Classifications. Mobile food establishments involving the use of a MFDV shall be classified as
follows.
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.
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.
Class Ill - 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.
(d) Exclusions. As used in this section,;he term MFDV does not include minor children operating
lemonade or soft drink stands,owners or operators of fresh fruit and/or vegetable stands of
other raw, uncooked, unprepared, or nonedible perishable goods, or owners or operators of
food or beverage self-service vending machines.
Sections. 14-342-14-360. Reserved.
Section 14-361. Operating without Special Exception Use Petition approval or Temporary Use
Permit.
(� 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 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 identification number, and the
approved operating days and times authorized by the owner.
ll No more than two (2) MFDVs shall operate on one parcel at the same time.
(c) MFDV operations, including customer queuing/waiting area may not occupy more than 5
percent of the parking spaces requ red for the other active permitted use(s) on any parcel.
M Existing internal and external vehicle circulation patterns 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 20-square feet in area (including both sides), to be removed once the •
MFDV is no longer operational.
Language to he added is underlined.
Language to be deleted is struck-through. Ordinance No. 1272, Page 2 of 10
• •
(fO Placement of tables, seating, and canopies is not permitted in association with MFDV
operations,
• All standards of Section 14-364 shall apply
j2� Class Ill vehicles may operate in the public right-of-way in any zoning district according to the
following standards:
u 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.
(1)1 No accesso y or appurtenant structures or fixtures shall be erected,installed,or constructed,
and no temporary awning or canopy may be employed,
No tables, seating,or canopies may be provided,
No sale of goods shall occur outside of any vehicle operating on public rights-of-way.
ki 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.
jg) Short,pre-recorded amplified songs or tunes may be broadcast so long as they comply with
the City Noise and Vibration Standards. Amplified music lyrics may not t be broadcast at any
time.
jfl All standards of Section 14-364 shall apply.
Section 14-362. Operating with a Special Exception Use 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 Use Petition
process in accordance with any conditions and site design standards required as part of the Special
Exception Use Petition approval.Application considerations are as follows:
Apre-petition meeting with City staff is recommended.
j2� Upon determination by the City Administrator, a traffic impact study may be reguired,
2 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.
(Al Adeguate sanitary facilities, utility, drainage, refuse management emergency services and
access, and similar necessary facilities and services will be available to serve employees and
patrons.
ll All standards of Section 14-364.
(J Standards for granting a Special Exception Use provided in Section 70-373jb1 and the findings
for approval provided in Section 70-373jc).
al The ultimate decision to approve, deny, or approve with conditions any Special Exception Use
Petition shall be the responsibility of the City Board of Adjustment, which may impose any
condition necessary to ensure compatibility of the proposed use and ensurepublic health,.safety,
and welfare.
Section 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:
Language to be added is underlined.
Language to be deleted is stwsk-through Ordinance No 1272, Page 3 of 10
• •
u 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.
• MFDV conducting business in conjunction with a City sanctioned event or activity, or events held •
on City owned or controlled property shall comply with all standards and requirements as
established by the event coordinator and/or General Services Department, in addition to any
applicable regulatory agency's regulations.
jj 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.
u Where a tent or similar structure is to be used, such structure shall:
u Comply with the requirements of the Fire Marshal.
u Provide the City with a certificate of insurance to cover the liability of the applicant or sponsor.
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 a 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 20-square feet in area (including both sides), to be removed once the MFDV
is no longer operational.
• All standards of Section 14-364 shall apply.
Section 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 Use Petition approval or Temporary Use Permit approval or otherwise
stated elsewhere in this Chapter.
(1) Any person engaged in selling, preparing, or dispensing food from a MFDV shall obtain the
appropriate approvals and licenses from the State of Florida 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.
(2) 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.
(3) The operator shall make the MFDV available for routine inspections by the Fire Marshal, City
Building Official, or City 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.
(4) The operator of the MFDV 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.
(5) Mobile food establishments shall have hand sanitizer, or similar, visible and readily available for
customer use at all times during hours of operation,
(6) MFDVs that remain operational on the same site for longer than three (3) 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.
(7) MFDV operations shall not interfere with vehicular and pedestrian movement or visibility, block S
access to loading/service areas, emergency access and fire lanes, driveways, sidewalks,
emergency exits,or damage landscaped areas on adjacent sites.
Language to be added is underlined.
Language to be deleted is struck-through. Ordinance No. 1272, Page 4 of 10
• •
(8) Except for Class III MFDVs operating in the right-of-way according to the provisions of Section
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 daily and ensure that waste disposal
receptacle is not overfilled at any time.
(9) Waste, fat, oil, grease, qreywater, 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.
(10) MFDVs shall not sell alcohol unless specifically licensed to do so and must provide copies of all
alcohol-related licensing upon request.
(11) Except for Class III vehicles operating in the rights-of-way according to the provisions of Section
14-361I21,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.
(12) 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.
(13) MFDVs shall not park within any required landscape buffers or stormwater retention/detention
area.
(14) MFDVs shall not obstruct the usage of American with Disabilities Act (ADA) accessible parking
spaces or associated ADA access aisles.
(15) Serving from a free-standing grill is prohibited.
(16) It is prohibited to solicit sales of food or beverages by:
Stopping passersby;
L) Yelling or making loud noise to attract customers;
Lql Using sound amplification in such a manner as to unreasonably disturb peace,quiet and
comfort, or
(d) Having an attraction which will blockade a street, sidewalk,or other public place.
Section 14-365. Enforcement.
L1 Owners and operators of MFDV and property owners on which such vehicles operate,shall be
jointly and severally liable for any violations of this Section,subject to the penallyprovisions set
forth in this Section.
City Code Enforcement shall be responsible for compliance with 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 to 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 Code Enforcement will bring forward a code compliance case against
the underlying landowner with the intent of collecting the fine in accordance with City Code
Enforcement procedure.
Sections. 14-366-14-380. Reserved.
SECTION 3. AMENDMENT TO CHAPTER 90 ZONING.
That Part II of the City Code of Ordinances within Chapter 90 Zoning is hereby amended to read as
follows:
• ARTICLE III. DISTRICTS AND DISTRICT REGULATIONS
Language to be added is underlined.
Language to be deleted Is struck-through Ordinance No 1272 Page 5 of 10
• •
DIVISION 6. CPO DISTRICT
Section 90-223. Special Exception Uses.
The following uses and structures are permitted in the CPO district after issuance of a Special •
Exception Use petition and may have additional conditions imposed at the time of approval:
(1) Day care center.
(2) Personal service and dry cleaning on premises,
(3) Cafe.
(4) Business school
(5) Private club.
(6) House of worship.
(7) Public facility and use.
(8) Public utility.
(9) Permitted uses in excess of 45-feet in height.
(10) Adult family care homes, assisted living facility as defined in F.S. § 429.02(5).
(11) Free-standing drive-up ATM which is owned and operated by a bank or other financial
institution with an office located Okeechobee County.
(12) One dwelling unit per commercial building, provided that the dwelling unit is located either
above or behind the ground floor commercial use.
(13) Pawnshop.
(14) MFDV.
DIVISION 7. CLT DISTRICT
Section 90-253. Special Exception Uses.
The following uses and structures are permitted in the CLT district after issuance of a Special Exception
Use Petition and may have additional conditions imposed at the time of approval:
(1) Restaurant, take-out restaurant, cafe.
(2) Dry cleaner/laundry, laundromat.
(3) Private club, nightclub, and bar.
(4) Business school.
(5) Radio, television or cable reception, transmission or operational facilities.
(6) Commercial indoor recreation.
(7) Commercial parking garage or lot, taxi stand
(8) Outdoor vehicle sales lot.
(9) House of worship.
(10) Marina, dock, pier.
(11) Enclosed storage.
(12) Public facility or use.
(13) Public utility.
(14) Permitted uses in excess of 45-feet in height.
(15) One dwelling unit per commercial building, provided that the dwelling unit is located either
above or behind the ground floor commercial use.
(16) Group home.
(17) Adult family care homes, assisted living facilities as defined in F.S. § 429.02(5).
(18) Nursing homes.
(19) Taxidermist.
(20) Free-standing drive-up ATM which is owned and operated by a bank or other financial
institution with an office located in Okeechobee County,
(21) Alcohol and drug rehabilitation center/detox center.
(22) Recovery center/sober home.
(23) Pawnshop.
24 MFDV.
DIVISION 8. CHV DISTRICT
Section 90-283. Special Exception Uses. •
The following uses and structures are permitted in the CHV district after issuance of a Special
Exception Use Petition and may have additional conditions imposed at the time of approval:
Language to be added is underlined
Language to be deleted is struck-through Ordinance No. 1272, Page 6 of 10
• •
(1) Drive-through service.
(2) Auto service station, car wash.
(3) Wholesale, warehouse not including bulk storage of flammable liquids.
• (4) Enclosed warehouse and storage.
(5) Outdoor sales and storage, building trades contractor.
(6) Flea market.
(7) Mechanical and repair services.
(8) Commercial outdoor recreation.
(9) Veterinary service.
(10) Crematory.
(11) Marina, dock, pier.
(12) Recreational vehicle park, for transient recreation use.
(13) Radio, television or cable reception, transmission or operational facilities.
(14) Public facility or use.
(15) Public utility.
(16) Permitted uses in excess of 45-feet in height.
(17) One dwelling unit per commercial building, provided that the dwelling unit is located either
above or behind the ground floor commercial use.
(18) Outdoor vehicle sales lot.
(19) House of worship.
(20) Hospitals, which means in-patient hospital care.
(21) Adult family care homes, assisted living facilities as defined in F.S. §429.02(5)
(22) Nursing homes.
(23) Free-standing drive-up ATM which is owned and operated by a bank or other financial
institution with an offiice located in Okeechobee County.
(24) Alcohol and drug rehabilitation center/detox center.
(25) Convenience store with fuel pumps.
(26) Retail pool supplies and equipment (including storage of chemicals for use and/or retail
sale).
(27) Water treatment services(including storage of chemicals for use and/or retail sale).
(28) Pest control (including storage of chemicals for use and/or retail sale).
(291 MFDV.
DIVISION 9. CBD DISTRICT
Section 90-313. Special Exception Uses.
The following uses and structures are permitted in the CBD district after issuance or a Special
Exception Use Petition and may have additional conditions imposed at the time of approval:
(1) Drive-through service.
(2) Auto service station, car wash.
(3) Radio, television or cable reception, transmission or operational facilities.
(4) Mechanical and repair services.
(5) House of worship.
(6) Marina, dock, pier.
(7) Public facility or use.
(8) Public utility.
(9) Permitted uses in excess of 45-feet in height.
(10) One dwelling unit per commercial building, provided that the dwelling unit is located either
above or behind the ground floor commercial use.
(11) Outdoor vehicle sales lot.
(12) Free-standing drive-up ATM which is owned and operated by a bank or other financial
institution with an office located in Okeechobee County.
(13) Pawnshop.
(14) MFDV.
DIVISION 10. IND DISTRICT
• Section 90-343. Special Exception Uses.
The following uses and structures are permitted in the IND district after issuance of a Special Exception
Use Petition and may have additional conditions imposed at the time of approval:
Language to be added is underlined.
Language to be deleted is sguek-Ihrough Ordinance No 1272. Page 7 of 10
• •
(1) Manufacturing chemical or leather products.
(2) Bulk storage of hazardous material and flammable liquid.
(3) Salvage yard.
(4) Other industrial uses not listed •
(5) Reserved.
(6) Crematory.
(7) Fortuneteller.
(8) Permitted uses in excess of 45-feet in height.
(9) Outdoor vehicle sales lot.
(10) Adult entertainment:
a. Notwithstanding any other provision of this Code, adult entertainment establishments
subject to Article V, Chapter 14 of subpart A of this Code may not be permitted in any area
of the City except as permitted within the IND district within the provisions and conditions
of this Code.
b. Distance minimums. In addition to subsection (10)a of this Section, an adult establishment
shall not be permitted to open,operate, or be enlarged so as to come within the following
distances:
1. 1000-feet of a permitted, preexisting adult entertainment establishment;
2. 1000-feet of a preexisting commercial establishment that in any manner sells or
dispenses alcoholic beverages for on-premises or off-premises consumption;
3. 1000-feet of a preexisting religious institution;
4. 1000-feet feet of a preexisting educational institution, or library;
5. 500-feet of an area zoned for residential uses;
6. 1000-feet of a park, whether improved or not;
7. 200-feet of a preexisting government facility, and any half-way house.
(11) Rehabilitation or half-way homes.
a. That as provided in Ordinance No. 967, and included in Section 38-43, rehabilitation
facilities or half-way homes for treatment and rehabilitation of sexual offenders shall be a
Special Exception Use in IND zoning categories, subject to the following restrictions.
b. That any such facility shall be subject to all state laws pertinent to such facilities under the
Laws of Florida.
c. That such facility shall at no time house in excess of six (6) sexual offenders, excluding
employees and staff of the facility.
d. That such facility shall be licensed by the State of Florida and be staffed by professional
and licensed mental health care providers,and provide an organized course of treatment
and rehabilitation recognized by the State of Florida and the standard of care recognized
by the professions of psychology or psychiatry.
e. That such facility shall not be located within 1,000-feet of school, public or private; a child
care facility, church, public park, adult entertainment facility or a zoning district of RSF-1;
RSF-2; RMF.
f. That sexual offender is defined as any person convicted under the laws of the State of
Florida or similar statutes of any other state,country or province,for an offense recognized
as a sexual offense, regardless of degree of offense or whether adjudication of guilt was
withheld by the court.
(12) Nursing homes.
(13) MFDV.
ARTICLE IV. SUPPLEMENTARY DISTRICT REGULATIONS
DIVISION 5. SIGNS
Section 90-570. Allowable temporary signs (no permit required).
(a) Any temporary sign not complying with the requirements of this Section is illegal and subject to
immediate removal by the City.
(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.
(1) Signs to indicate that an owner is,either personally or through an agent, actively attempting
to sell, rent, or lease property on which the sign is located, provided that the sign: •
a. Does not include the price, terms or similar details.
b. Is not illuminated in any manner so as to create a traffic hazard or distraction, or
constitute a nuisance to any adjacent or surrounding property.
Language to be added is underlined.
Language to be deleted is struck through. Ordinance No. 1272, Page 8 of 10
• •
c. Does not exceed 6-square feet in area in residential districts
d. Does not exceed 32-square feet in all other districts.
e. Is removed immediately after sale, lease or rental.
• (2) Construction site identification signs provided that the sign:
a, Does not exceed 32-square feet in sign area.
b. Is not displayed more than 60-days prior to the beginning of actual construction of the
project.
c. Is removed within 15-days after the issuance of the final certificate of occupancy.
d. Is removed if construction is not initiated within 60-days after the message is displayed,
or if construction is discontinued for a period of more than 60-days, pending initiation or
continuation of construction activities.
e. Is not located on a public right-of-way.
(3) Signs, including portable signs, to announce or advertise such temporary uses as fairs,
carnivals, circuses, revivals, sporting events, festivals or any public, charitable educational
or religious event or function, provided that the sign:
a. Is located on the lot same property where the event will occur or, if located elsewhere,
the written consent of the property owner on which the sign(s) will be located has been
obtained,
b. Is not displayed more than 14-days prior to the event, and
c. Is removed within three days after the event.
(4) Within the CBD District only, temporary portable signs placed on the City owned sidewalk in
front of the business provided they do not interfere or endanger pedestrian traffic and are
not displayed any time other than during the normal operating hours of the business.
u Except for Class III MFDVs operating in the right-of-way according to the provisions of
Section 14-36112), and unless otherwise permitted according to an approved Special
Exception Use Petition or Temporary Use Permit MFDV are allowed one(.1 non-affixed,A-
frame ground sign to be no larger than 20-sguare feet in area (including both sides", to be
removed once the business is no longer operational.
SECTION 4. SEVERABILITY.
If any section, subsection, clause, or provision of this Ordinance is declared invalid or unconstitutional
by a court of competent jurisdiction, the remainder shall not be affected by such invalidity.
SECTION 5. CONFLICT.
All Sections or parts of sections of the City Code of Ordinances in conflict herewith are intended to be
repealed to the extent of such conflict.
SECTION 6: INCLUSION IN THE CODE OF ORDINANCES.
It is the intention of the City Council of said City, and it is hereby ordained that the provisions of this
Ordinance shall become and made a part of the City Code of Ordinances, that the sections of this
Ordinance may be renumbered or re-lettered to accomplish such intentions; and the word "Ordinance"
may be changed to "Section"or other appropriate word.
SECTION 7: EFFECTIVE DATE.
This Ordinance shall be effective upon final adoption on second reading.
INTRODUCED for FIRST READING and set for Final Public Hearing on this 20th day of June 2023.
/ r Dowling R. Watford Jr., Mayor
ATTEST:
./!
Lane Gamiotea, CMC, City Clerk
4111
Language to be added is underlined.
Language to be deleted s stwsk through, Ordinance No. 1272, Page 9 of 10
•
PASSED and ADOPTED after Second Reading and Final Public Hearing this 18th day of July 2023.
As required by City Charter Section C-4.1.C, ordinances shall be adopted by roll call on final reading
and recorded, the vote was as follows: •
Yes No Abstained Absent
Council Member Chandler: X
Council Member/Vice Mayor Clark: X _
Council Member Jarriel: X
Council Member McAuley: X
Mayor Watford: X
✓ Dowling R Watford Jr., Mayor
ATTEST:
Lane Garniotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
Greg Hyden, City Attorney
•
Language to be added is underlined.
Language to be deleted is silraek-through. Ordinance No. 1272 Page 10 of 10
y _
.. MFD dinance comparison from various Counties and Municipalities in Southern Florida
N
City X Ordinance Zoning Districts Duration Time Duration Location Certification Requirements Number at one site
NA T lc
All but public and residentional Supply restroom if more than Meet State Statue No more that two w/o
City of Okeechoee Yes property 3 hrs None listed requirements special excetption
All but residential,schools and
Labelle Yes hospitals 6 am to 9pm daily None listed State license display None listed
Abide by zoning district Based on available
Boca Raton Yes regulations None listed None listed None listed parking spaces
Mix use,commercial,or
Ft Pierce Yes industrial None listed None listed None listed None listed
Max 4 days per week but no
more than 3 consecutive and
Property owner must have must physically be removed
Winter Springs Yes provid a site plan 7 am to 10 pm daily Burden on property owner No more than one
Max 2 consecutive days per
Residential,nonresidential, calendar month and no more
mixed use,recreational,an than 20 days on the same
Westlake Yes open space 7 am to 9pm property per calendar year. Fire and safety inspections No more than one
Commercial,place of worship,
Martin County Yes community center None listed None listed All state licenses None listed
Notify County within 48 hrs Provide Sales Tx number and No more that two w/o
Okeechobee Co Yes Limited primarily to commercial None listed when moving registered vehicle tag special excetption
Sebring None
Lake Placid None
Clewiston None
Highlands Co None
Hendry Co None