A. Food Trailers prohibited.
1. Food Trailers are prohibited in the City except as provided in this subsection.
2. “Food Trailer” means any structure or vehicle, fixed or mobile, used for the purpose of selling food or beverages or producing food or beverages for commercial purposes, and which is not:
i. A building compliant with the Florida Building Code and this Land Development Code;
ii. A home occupation compliant with this Land Development Code and the Florida Building Code;
iii. A Food Truck, as defined by subsection B. of this Section; or
iv. A food or beverage vending structure, vehicle, or cart operated for a maximum of seventy-two (72) hours and only as part of festival or special event not prohibited by the City. To qualify for this exception, at the end of the seventy-two (72) hour period, the vending structure, vehicle or cart must either be removed from the City or placed into storage not visible from a public right-of-way and in compliance with this Land Development Code.
3. Non Conforming Use Established. Food Trailers operating within the City prior to the Effective Date of this ordinance and holding a local business tax receipt validly issued by the City Clerk shall be considered a nonconforming use that is permitted to continue as governed by the rules for structures provided by Section 7.12.00, notwithstanding that said Food Trailers are not “dwelling units.” In addition to those rules, permissible nonconforming status shall be lost upon a change of ownership of the Food Trailer or a relocation of the Food Trailer to a different parcel of property. Furthermore, Subsections 7.12.00 B.3. and 7.12.00 B.4. shall not apply to these nonconforming
Food Trailers. These nonconforming Food Trailers shall otherwise comply with these Land Development Codes and shall be considered restaurants for purposes of parking, landscaping, and other instances when requirements vary depending on use of property.
B. Food Trucks.
1. Food Truck shall have the same definition as "mobile food dispensing vehicle" pursuant to F.S. § 509.102, as amended, which initially 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. However, to be considered a Food Truck for the purposes of this Code, a mobile food dispensing vehicle must hold an active and valid mobile food dispensing vehicle license from the Florida Division of Hotels and Restaurants and a copy of such license must be kept inside of the licensed vehicle at all times while it is located in the City. Any food dispensing vehicle that does not strictly meet the requirements of this definition, including the requirement to hold State of Florida licensure, shall be considered a Food Trailer and be regulated under paragraph A. above.
2. Food Trucks are permitted in zoning districts that allow (i) restaurants and open air cafes or (ii) neighborhood and community-scale commercial pursuant to the zoning districts tables provided by Section 2.02.02 of this Code. In such cases, Food Trucks may only be placed on the property where they will be operated after obtaining the advanced written permission of the property owner, a copy of which shall be kept in the Food Truck while it is located within the City. In addition, Food Trucks may be allowed within the Recreation zoning district on publicly owned property, but only with the advanced written permission of the government agency that owns the location and a copy of such written permission must be kept in the Food Truck while it is located in the City.
3. Food Trucks shall be set back a minimum of ten (10) feet from all property lines or comply with the applicable setback rules for the property, whichever are greater. Food Trucks shall be considered an accessory structure for the purposes of determining setbacks. Food Trucks may not be stored or operated in any public right-of-way within the City. Moreover, the location of the Food Truck may not obstruct or create unsafe ingress and/or egress.
4. Food Truck operators shall be required to immediately comply with any request by law enforcement and/or code enforcement officers relating to safety, which may include relocation of the Food Truck if deemed by the officer to be creating an unsafe situation.
5. Trash and recyclable receptacles shall be provided by the Food Truck and, at a minimum, emptied daily. All trash is to be removed from the site daily. Dumpsters of permanent businesses shall not be used without permission of that business(es).
6. The Food Truck business owner shall obtain a local business tax receipt from the City.
(Ord. 711, passed 2-5-2019; Am. Ord. 779, passed 1-11-2022)