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HomeMy WebLinkAbout2021-058 LDC Update for Mobile Food Dispensing Vehicles (Food Trucks) ORDINANCE NO. 2021-058 (LDC Update for House Bill 1193 Mobile Food Dispensing Vehicles) AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING SECTION 2-4 AND SECTIONS 5-6 AND 5-8 OF THE CITY OF OCOEE LAND DEVELOPMENT CODE, RELATING TO MOBILE FOOD DISPENSING VEHICLES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, as provided in Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes,the City of Ocoee (the "City") enjoys all home rule authority, police power, land development and zoning authority, and governmental and proprietary powers necessary to conduct municipal government and perfolln municipal functions; and WHEREAS, the City may exercise any power for municipal purposes, except as expressly prohibited by law; and WHEREAS, House Bill 1193 ("HB 1193") was approved by the Governor on June 29, 2021 and became effective on July 1, 2021 amending Section 509.102, Florida Statutes (F.S.) relating to restrictions upon local governments regarding the local regulation of mobile food dispensing vehicles; and WHEREAS, on October 12, 2021, the Planning and Zoning Commission held an advertised and publicly noticed public hearing and recommended approval of an amendment proposed by staff to revise Sections 2-4, 5-6 and 5-8 of the City of Ocoee Land Development Code ("LDC") in accordance with Section 559-955, Florida Statutes, relating to mobile food dispensing vehicles; and WHEREAS, following advertisement and a duly noticed public hearing on the Ordinance on November 16, 2021,the Ocoee City Commission approved the amendments to Sections 2-4, 5-6 and 5-8 of the LDC; and WHEREAS, the Ocoee City Commission in good faith determines that this Ordinance is in the best interest of the City and its residents and promotes the health, safety, and welfare of the public. NOW, THEREFORE,BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA,AS FOLLOWS: SECTION 1. AUTHORITY. The Ocoee City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapters 163 and 166, Florida Statutes. SECTION 2. AMENDMENT OF THE LDC. Sections 2-4, 5-6 and 5-8 of the City of Ocoee Land Development Code are hereby amended to read as depicted in Exhibit "A" with underlines representing additions and strike-throughs representing deletions. SECTION 3. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto SECTION 4. CODIFICATION. It is the intention of the Ocoee City Commission that the provisions stated in this Ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this Ordinance may be renumbered or relettered and the word "ordinance"may be changed to "chapter", "section", "article", or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the Code is accomplished, sections of this Ordinance may be renumbered or relettered and the correction of typographical errors which do not affect the intent may be authorized by the City Manager, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. SECTION 5. EFFECTIVE DATE. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this fitiday of /4 ib,l7 , 2021. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA Melanie Sibbitt, City Clerk Rusty Johns n ayor (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY ADVERTISED Akrtheib.4 1-/ , 2021 OF OCOEE,FLORIDA; APPROVED AS TO FORM READ FIRST TIME/Vd y. 7 , 2021. AND LEGALITY 1 READ SECOND TIME AND ADOPTED this 164 day of t•4 J , ,2021. n/©`wM J,' , 2021. UNDER AGENDA ITEM NO. / SHUFFLELD LOWMAN& 5�_ /► 7 By: City -2- -4- EXHIBIT “A” Changes are hereby made to Sections 2-4, 5-6 and 5-8, as follows, with underline representing additions and strike-through representing deletions: ARTICLE II *** § 2-4. - DEFINITION OF TERMS. *** (200) Mobile Food Dispensing Vehicle: 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. ARTICLE V *** § 5-6. - LOCATION AND CONSTRUCTION OF PRINCIPAL AND ACCESSORY STRUCTURES. A. Construction and Use of Accessory Structures. No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced, and no accessory building shall be used unless the main building on the lot is also being used. In cases where a telecommunications service facility has been allowed as an accessory structure in accordance with Section 5-19, the accessory use shall be governed by the requirements of Section 5-19. B. Location of Accessory Uses and Structures. (1) Accessory Uses and Structures within Residential Districts: In residential districts, accessory uses and structures shall not be located in front or side yards but may be located in rear yards; provided, however, that accessory structures for the housing of persons, such as guest houses and garage apartments, shall not be located in any required yard. On double frontage, through or corner lots in residential districts, accessory uses and structures shall not be located in either of the required front yards but may be located in one (1) but not both side yards. No separate accessory building shall be located within five (5) feet of any other building. In residential districts, utility or accessory buildings will be no closer than five (5) feet to the rear lot line and five (5) feet to the side lot line; provided, however, a shed no larger than 120 square feet and not located within a utility or drainage easement may be located no closer than three (3) feet to the rear lot line and three (3) feet to the side lot line. -5- (2) Accessory Uses and Structures within Commercial and Industrial Districts: Commercial and industrial accessory uses and structures: a. Shall comply with the following minimum setbacks: i. Front setbacks: Structures shall not be located within the front building setback line of the principal structure, unless otherwise approved by the Planning Director. On corners lots or other double-frontage lots, accessory structures may be placed within the front yard along, facing or adjacent to the roadway with the lesser functional classification so long as minimum sight-distance triangle as defined in Article II can be maintained and other provisions of this Subsection can be met. ii. Side and rear setbacks: minimum of 5 feet setback. b. Shall not be located or placed on a site in a manner that interferes with or impedes safe vehicular and pedestrian on-site circulation, ingress/egress areas, loading/unloading zones, fire lanes, ADA or emergency services access, or within the sight-distance safety triangle. c. Shall not include the parking of vehicles overnight at any location unless the overnight parking of such commercial or recreational vehicles are directly related to the operation of the approved and permitted principal use. d. Shall be completely screened from adjacent residential uses. e. Shall not occupy parking space(s) required for the principal use, unless otherwise approved by the Planning Director through an administrative waiver, upon the demonstration that the utilization of parking spaces does not adversely impact the parking needs of the principal use and site. f. Shall not be parked within a road right-of-way and shall not occupy an unimproved surface or required open space areas. g. Shall comply with minimum Building and Fire Safety regulations of the State of Florida. h. Hours of operation of the accessory use shall conform to the hours of operation of the principal use. i. Use of an accessory structure for a business operation that is outside of or apart from the principal use shall require consent from the property owner and shall comply with the business tax requirements of the City and County, as applicable. If such accessory use or structure is a mobile food dispensing vehicle, it shall not be permitted to sell or distribute alcoholic beverages, shall display all applicable approvals and licenses from the State, shall make such structures or vehicles available for inspection and shall comply with Sections 509.241 and 509.251, Florida Statutes. C. Number of Principal Buildings Permitted Per Lot. No lot shall be occupied by more than one (1) principal building, providing, however, that in any district more than one (1) structure housing a permitted or permissible principal use may be erected on a single lot provided that yard, area, street frontage -6- and other requirements of this Code shall be met for each structure as though it were on an individual lot. No part of a yard, court or other open space provided about any building or structure for the purpose of complying with the provisions of this Code shall be included as a part of a yard or other open space required under this Code for another building or structure. For provisions related to telecommunications service facilities, refer to Section 5-19. *** § 5-8. - USE REGULATIONS. A. Table 5-1 lists the principal uses which will be permitted on a parcel or lot in the zoning districts established in this Article. For use regulations applicable to the Planned Unit Development Districts, see Article IV. B. Prohibited Uses. Without limiting the generality of the foregoing provision, the following uses are specifically prohibited in all districts: (1) Any use that involves the manufacture, handling, sale, distribution or storage of any highly combustible or explosive materials in violation of the City's fire prevention code. (2) Stockyards, slaughterhouses, rendering plants. (3) Use of a travel trailer as a temporary or permanent residence. (4) Use of a motor vehicle parked on a lot as a structure in which, out of which, or from which any goods are sold or stored, any services are performed, or other business conducted without special permission of the City Commission, except that this prohibition does not apply to a “mobile food dispensing vehicle” as defined in Article II. Operation of a mobile food dispensing vehicle (MFDV) shall comply with Section 5-6, Article V. (5) Reserved. (6) Adult Entertainment Establishments except as permitted by these regulations. (7) Telecommunications service facilities except as permitted by Section 5-19. (8) Medical marijuana treatment center dispensing facilities, as described in Section 381.986(8), Florida Statutes. (9) Drive-in restaurant. The Following Pages Indicate Strikethroughs showing Deletions and Underlines showing New Language as adopted. EXHIBIT "A" Changes are hereby made to Sections 2-4, 5-6 and 5-8, as follows, with underline representing additions and strike-through representing deletions: ARTICLE II § 2-4. - DEFINITION OF TERMS. *** (200) Mobile Food Dispensing Vehicle: 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, includina, but not limited to, gas, water, electricity, or liquid waste disposal. ARTICLE V *** § 5-6. - LOCATION AND CONSTRUCTION OF PRINCIPAL AND ACCESSORY STRUCTURES. A. Construction and Use of Accessory Structures. No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced, and no accessory building shall be used unless the main building on the lot is also being used. In cases where a telecommunications service facility has been allowed as an accessory structure in accordance with Section 5-19, the accessory use shall be governed by the requirements of Section 5-19. B. Location of Accessory Uses and Structures. (1) Accessory Uses and Structures within Residential Districts: In residential districts, accessory uses and structures shall not be located in front or side yards but may be located in rear yards; provided, however, that accessory structures for the housing of persons, such as guest houses and garage apartments, shall not be located in any required yard. On double frontage, through or corner lots in residential districts, accessory uses and structures shall not be located in either of the required front yards but may be located in one (1) but not both side yards. No separate accessory building shall be located within five (5) feet of any other building. In residential districts, utility or accessory buildings will be no closer than five (5) feet to the rear lot line and five (5) feet to the side lot line; provided, however, a shed no larger than 120 square feet and not located within a utility or drainage easement may be located no closer than three (3) feet to the rear lot line and three (3) feet to the side lot line. -3- (2) Accessory Uses and Structures within Commercial and Industrial Districts: Commercial and industrial accessory uses and structures: a. Shall comply with the following minimum setbacks: i. Front setbacks: Structures shall not be located within the front building setback line of the principal structure, unless otherwise approved by the Planning Director. On corners lots or other double-frontage lots, accessory structures may be placed within the front yard along, facing or adjacent to the roadway with the lesser functional classification so long as minimum sight-distance triangle as defined in Article II can be maintained and other provisions of this Subsection can be met. ii. Side and rear setbacks: minimum of 5 feet setback. b. Shall not be located or placed on a site in a manner that interferes with or impedes safe vehicular and pedestrian on-site circulation, ingress/egress areas, loading/unloading zones, fire lanes, ADA or emergency services access, or within the sight-distance safety triangle. c. Shall not include the parking of vehicles overnight at any location unless the overnight parking of such commercial or recreational vehicles are directly related to the operation of the approved and permitted principal use. d. Shall be completely screened from adjacent residential uses. e. Shall not occupy parking space(s) required for the principal use, unless otherwise approved by the Planning Director through an administrative waiver, upon the demonstration that the utilization of parking spaces does not adversely impact the parking needs of the principal use and site. f. Shall not be parked within a road right-of-way and shall not occupy an unimproved surface or required open space areas. q. Shall comply with minimum Building and Fire Safety regulations of the State of Florida. h. Hours of operation of the accessory use shall conform to the hours of operation of the principal use. i. Use of an accessory structure for a business operation that is outside of or apart . from the principal use shall require consent from the property owner and shall comply with the business tax requirements of the City and County, as applicable. If such accessory use or structure is a mobile food dispensing vehicle, it shall not be permitted to sell or distribute alcoholic beverages, shall display all applicable approvals and licenses from the State, shall make such structures or vehicles available for inspection and shall comply with Sections 509.241 and 509.251, Florida Statutes. C. Number of Principal Buildings Permitted Per Lot. No lot shall be occupied by more than one (1) principal building, providing, however, that in any district more than one (1) structure housing a permitted or permissible principal use may be erected on a single lot provided that yard, area, street frontage -4- and other requirements of this Code shall be met for each structure as though it were on an individual lot. No part of a yard, court or other open space provided about any building or structure for the purpose of complying with the provisions of this Code shall be included as a part of a yard or other open space required under this Code for another building or structure. For provisions related to telecommunications service facilities, refer to Section 5-19. *** § 5-8. - USE REGULATIONS. A. Table 5-1 lists the principal uses which will be permitted on a parcel or lot in the zoning districts established in this Article. For use regulations applicable to the Planned Unit Development Districts, see Article IV. B. Prohibited Uses. Without limiting the generality of the foregoing provision, the following uses are specifically prohibited in all districts: (1) Any use that involves the manufacture, handling, sale, distribution or storage of any highly combustible or explosive materials in violation of the City's fire prevention code. (2) Stockyards, slaughterhouses, rendering plants. (3) Use of a travel trailer as a temporary or permanent residence. (4) Use of a motor vehicle parked on a lot as a structure in which, out of which, or from which any goods are sold or stored, any services are performed, or other business conducted without special permission of the City Commission, except that this prohibition does not apply to a "mobile food dispensing vehicle" as defined in Article II. Operation of a mobile food dispensing vehicle (MFDV) shall comply with Section 5-6, Article V. (5) Reserved. (6) Adult Entertainment Establishments except as permitted by these regulations. (7) Telecommunications service facilities except as permitted by Section 5-19. (8) Medical marijuana treatment center dispensing facilities, as described in Section 381.986(8), Florida Statutes. (9) Drive-in restaurant. -5-