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Home My WebLink About2026-006ORDINANCE 2026- 006 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 901.03 (DEFINITIONS IN ALPHABETICAL ORDER) AND SECTION 911.15 (GENERAL PROVISIONS), OF THE CODE OF INDIAN RIVER COUNTY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS SECTION 901.03 (DEFINITIONS IN ALPHABETICAL ORDER) AND SECTION 911.15 (GENERAL PROVISIONS) BE AMENDED AS FOLLOWS: WHEREAS, it is in the County's best interest to create thoughtful and reasonable operational standards to ensure that mobile food dispensing vehicles (or food trucks) are operated in a safe, equitable, and healthy manner; and WHEREAS, it is in the County's duty to facilitate safe vehicular traffic flow within and around commercially developed property sites; and WHEREAS, this Ordinances was prepared in compliance with Section 509.102, Florida Statutes. SECTION #1: Amend LDR Section 901.03, Definitions in alphabetical order; as follovNs: Mixed use a real development characterized by (1) Two (2) or more revenue producing uses (such as retail, office, residential, hotel/motel and recreation which are mutually supporting); (2) Significant functional and physical integration of project components; and (3) Development in conformance with a coherent plan which stipulates the type and scale of uses and related items. Mobile food dispensing vehicles (food trucks) shall mean M vehicle that is apublic food service establishment and that is self-propelled or otherwise movable from place to place, and which includes self-contained utilities, including, but not limited to, gas, water, electricity,quid waste disposal. This definition is the same as provided in Section 509.102, Florida Statutes, or as amended_ Mobile home a structure which is transportable in one or more sections, which is eight (8) body feet (2.4 m.) or more in width and is thirty-two (32) body feet (9.75 m.) or more in length, which is built on a permanent chassis and which is designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities; and the term includes the plumbing, heating, air conditioning, and electrical systems contained therein. This definition does not include modular or prefabricated homes. SECTION #2: Amend LDR Section 911. 15, General provisions; as follows: Bold Underline: Additions to Ordinance Strike dweu& Deleted Text from Existing Ordinance ORDINANCE 2026- 006 (10) Mobile food dispensing vehicle (food truck)regulations. (a) Purpose and intent: 1. For the purposes of this section, mobile food dispensing vehicles (or food trucks) shall mean anv vehicle that is a public food service establishment and that is self- propelled or otherwise movable from place to place, and which includes self- contained utilities, including, but not limited to, gas, water, electricity, or liquid waste disposal. This definition is the same as provided in Section 509.102, Florida Statutes, or as amended. (b) Applicability: 1. This section applies to all mobile food dispensing vehicles operated within unincorporated Indian River County, except as may be otherwise regulated under state or federal law. Nothing herein shall be construed to require a local license or permit in addition to those required by state law. (c) State preemption and compliance: 1. Mobile food dispensing vehicles are regulated under Section 509.102, Florida Statutes, and are subject to the jurisdiction of the Department of Business and Professional Regulation (DBPR), Division of Hotels and Restaurants. 2. All mobile food vendors shall maintain a valid state license issued under Chapter 509, Florida Statutes, and shall comply with all applicable state health, sanitation, and food -handling requirements. 3. The county shall not require a separate county -issued business tax receipt, license, registration, food service permit, or fee(s) specific to mobile food dispensing_ 4. Local regulations shall be limited to zoning, public safet, traffic, and location standards consistent with state preemption. (d) Operational standards: 1. Location and Zoning: Mobile food dispensing vehicles may only locate and operate in the CG, CH, IL, IG, and Commercial PD zoning districts where transient vending, temporary uses, or similar commercial activity are allowed, or as part of an approved special event. 2. Placement: No mobile food dispensing vehicle shall: a. Obstruct a public sidewalk, roadway (public or private), or required building access; b. Block driveways, drive aisles, loading areas, or fire lanes; c. Operate within ten (10) feet of anv building entrance or twenty 20) feet of any intersection or traffic control device, unless approved by the CoupPublic Works Director or Fire Marshal; or 3. Waste management: Each mobile food vending vehicle shall provide self-contained refuse and liquid -waste storage; waste shall not be discharged onto the ground, into Bold Underline: Additions to Ordinance StFike thmughr Deleted Text from Existing Ordinance ORDINANCE 2026- 006 storm drains, or into any water body. Vendors shall remove all litter and debris from the vending area before leaving the premises. 4. Utilities: All power connections shall be self-contained or plugged into an approved electrical source meetingcounty building and fire codes; generators (quiet) shall not create excessive noise or fumes. 5. Parkinpaand access: Mobile food disipensing vehicles shall not occupy required parking spaces for a principal use except during special events. 6. Si-ana-ae: Signs shall be affixed to the vehicle and there shall be no more than one (1) freestanding A -frame sign. There shall be no inflatable or flashing signage. 7. Furniture: The furniture allowed for each mobile food dispensing vehicle shall be limited to one (1) table with a maximum length of 10 feet and a single ten (10) foot by (10) foot tent, unless as part of an approved special event where additional furniture items are permitted. 8. Vender credentials: All mobile food dispensing vehicles shall display their respective DBPR license as well as recent fire and department of health inspections. (e) Property owner consent: 1. Mobile food vending shall not occur on private property without written consent of the property owner or authorized amt. The vendor shall maintain proof of such consent on site and present it to county officials upon request. (f) Special events and coordination: 1. Food trucks operating as part of a permitted special event shall comply with all event -specific conditions imposed by the county and applicable fire, law enforcement, and emergency management agencies. (g) Enforcement: 1. Violations of this section shall constitute civil infractions enforceable under the Indian River County Code Enforcement procedures established pursuant to Section 162.21, Florida Statutes. 2. Each day of non-compliance may constitute a separate violation. Penalties shall not exceed those authorized under state law. SECTION #3: SEVERABILITY If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. SECTION #4: REPEAL OF CONFLICTING ORDINANCES The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. Bold Underline: Additions to Ordinance 3 Stt*e dweaglr: Deleted Text from Existing Ordinance ORDINANCE 2026- 006 APPROVED' S TO F AND LEGAL SUFFICIENCY Susan J. Pra o, Dep ty Attorney APPROV AS TO CANNING MATTERS John Stol , anning & Development Services Director Bold Underline: Additions to Ordinance RE" dwoughi Deleted Text from Existing Ordinance ORDINANCE 2026-2006 SECTION #5: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION #6: EFFECTIVE DATE This Ordinance shall take effect 90 days after final adoption by the Board of County Commissioners. This ordinance was advertised in the Indian River Press Journal on the 22nd day of February, 2026, for a public hearing to be held on the 10th day of March, 2026, at which time the public hearing was opened and continued to a date certain of the 7th day of April, 2026, at which time it was moved for adoption by Commissioner Flescher , seconded by Commissioner Earman , and adopted by the following vote: Chairman Deryl Loar AYE Vice Chairman Laura Moss AYE Commissioner Susan Adams AYE Commissioner Joseph E. Flescher AYE Commissioner Joseph H. Earman AYE The Chairman there upon declared the ordinance duly passed and adopted this 7th day of 2026. til MISSS""�"'".."•., BOARD OF COUNTY COMMISSIOF'tlxrdAN RIVER COUNTY t�J` l� •'s:; Deryl Loar, ChairmM PR '.......VER co .. ATTEST: Ryan L. Butler, Clerk of Court and Comptroller BY: Deputy C e k This ordinance was filed with the Department of State on the following date: OWA A Z. ed Bold Underline: Additions to Ordinance 4 Strike through: Deleted Text from Existing Ordinance