HomeMy WebLinkAboutO-24-04 Food truck requirementsORDINANCE NO.O-24-04
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND
DEVELOPMENT CODE SECTION 54-2-3.6 REGARDING PROCEDURES AND
CRITERIA FOR MOBILE FOOD ESTABLISHMENTS; PROVIDING FOR
SEVERABILITY AND REPEAL OF LAWS IN CONFLICT HEREWITH; PROVIDING
FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian hereby finds that it is in the public
interest to modify and update certain provisions of the code relating to Mobile Food Establishments;
and
WHEREAS, the City Council has previously established its intent to modify certain provisions
of the Land Development Code with respect to mobile food establishments in order to promote the
economic interests of the community; and
WHEREAS, the Local Planning Agency held a public hearing on March 7, 2024, and made a
recommendation to City Council to approve Ordinance 0-24-04.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. Adoption of Recitals/Advertising. The above recitals are hereby adopted as true,
correct and found to be the legislative intent of the City Council of the City of Sebastian. Further, all advertising
and public notice requirements have been timely made.
Section 2. Textual Amendment.
That the Land Development Code, City of Sebastian, Florida, is hereby amended as follows:
Amendment 1: ARTICLE III. SPECIAL USE, SPECIAL EXCEPTION AND TEMPORARY
USE PERMITS
See. 54-2-3.6. PROCEDURES AND CRITERIA FOR MOBILE FOOD ESTABLISHMENTS.
(d) Operating requirements.
(1) Mobile food dispensing vehicles shall be self-contained when operating, and provide their own
required trash and/or recycling receptacles, and receptacles for public use. Mobile food
establishments shall remove all waste and trash at the end of each day of operation, and prior to
vacating their location, and fully comply with F.A.C. Rule 61C4.0161.
(2) Under no circumstances shall grease or any waste materials be released into any stormwater system,
tree landscaping area, sidewalks, streets, parking lots, or private/public property. Mobile food
establishments shall be responsible to properly discard any waste material in accordance with federal,
state, county, municipal, or any laws, rules, regulations, orders, or permits.
1
(3) No more than two mobile food establishments shall operate at the same location at any one time,
except as may be permitted as part of an approved temporary use permit on privately -owned property
as regulated in section 54-2-3.2.
(4) Mobile food establishments are permitted on each property a maximum of no more than three days
per calendar week.
(5) Class I mobile food establishments operating at a site for a duration longer than four hours shall have
an agreement which confirms that employees have access to a flushable restroom within 150 feet of
the establishment's location during the hours of operation.
(6) Mobile food establishments shall not require the use of more than 10% of existing parking spaces. In
addition to the location of the mobile food dispensary vehicle, a 10-foot by 10-foot area, covered or
uncovered, may be permitted to accommodate seating and tables, if approved by the property owner.
Section 3. Severability. In the event a court of competent jurisdiction shall determine that any part of
this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the
City Council of the City of Sebastian did not intend to enact such invalid provision. It shall further be assumed
that the City Council would have enacted the remainder of this Ordinance without said invalid provision,
thereby causing said remainder to remain in full force and effect.
Section 4. Repeal of Laws in Conflict. All Ordinances or parts of Ordinances in conflict herewith
are hereby repealed to the extent of such conflict.
Section 5. Codification. The sections of the Ordinance shall be codified within part of the City
Land Development Code and may be renumbered or re -lettered to accomplish such, and the word
"ordinance" may be changed to "section," "division," or any other appropriate word.
Section 6. Scrivener's Errors. Sections of this Ordinance may be renumbered or re -lettered and
corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the
City Manager's designee, without need of public hearing, by filing a corrected or re -codified copy of same with
the City Clerk.
Section 7. Effective Date. This Ordinance shall become effective immediately upon its adoption
by the City Council.
The foregoing Ordinance was moved for adoption by Councilmember Nunn
The motion was seconded by Councilmember Jones and, upon being put to a vote, the
vote was as follows:
Mayor Ed Dodd
aye
Vice -Mayor Kelly Dixon aye
Councilmember Fred Jones aye
Councilmember Bob McPartlan aye
Councilmember Christopher Nunn aye
The Mayor thereupon declared this Ordinance duly passed and adopted this 24th day of
April 2024.
ATTEST:
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ANETTE WIlL MS, MMC
CITY CLERK
CITY OF SEBASTIAN, FLORIDA
ED DODD, MAYOR
Approved as to form and legality for
reliance by the City of Sebastian only:
LIFER COCKCROFT, ESQ., BCS
CITY ATTORNEY
3
SEBASTIAN
CITY COUNCIL AGENDA TRANSMITTAL
Council Meetine Date: April 24, 2024
Agenda Item Title: Ordinance No. 0-24-04 - Proposed Land Development Code Amendment -
Article III amending sections relating to mobile food establishment operating
requirements
Recommendation: Hold second reading and public hearing for Ordinance 0-24-04.
Background: Currently mobile food establishments are only permitted on a property for a
maximum of two days per calendar week. At the February 22, 2023 City Council meeting, Council had a
discussion regarding the current Ordinance 0-21-03 Procedures and Criteria for Mobile Food Establishments and
the number of days they are allowed to be on a property. Upon discussion, a motion was made, and by a 3-2 vote,
Council approved to change the number of days from 2 to 3 days per calendar week.
The City Council heard the first reading at a duly noticed public meeting on Wednesday, March 20, 2024.
If Agenda Item Reauires Exuenditure of Funds:
Budgeted Amount: NA
Total Cost: NA
Funds to Be Utilized for Appropriation: NA
Attachments:
1. Ordinance 0-24-04
Administrative Services Department Review:City Attorney Review:
Procurement Division Review,,iifapplicable: NP-
City Manager Authorization:
Date: q/17/20dy