MEXICOBEACH - R PA CITY OF MEXICO. BEACH PLANNING. AND: ZONINGI MEETING PUBLIC WORKS BUILDING MONDAY, APRIL1,2024. AT 6:00 P.M.  Julie Gardner- - Post 1 Lee Ellzey Post 2 Jack Kerigan- - Chair- - Post: 3 Clint McCahill, City Attorney  Rock Kries - Post 4 Steve Cox -] Post 5 Alternate 1- Open Alternate 2- Open Tammy Brunson, City Clerk  Chris Hubbard, City Administrator  Thist meeting willl bel lives streamed on the City of Mexico Beach Government Facebook Page. Ifyoul have any questions/comments  on the agenda, please email them up to 21 hours prior tot the meeting to lvyemexrobeachigoy  I. II.  ROLLCALL CONSENT AGENDA . Minutes - January 8, 2024  III. ELECTCHAIRPERSON FOR P&ZI BOARD  IV. STATE MANDATED ETHICS TRAINING ON JULY 17,2024- - Mandatory for P&Z members. ACCESSORY USES AND. ACCESSORY STRUCTURES- - Allara Mills Gutcher  V.  Open Public Discussion Close Public Discussion Discussion . Recommendations  VI. DISCUSSION OF LANGUAGE REGARDING FOOD TRUCKS! INI LDC- Allara Mills Gutcher  VII. ADJOURNMENT  Emailed toi interested parties and posted on the website on: DATE: 04/01/2024  Note: Copies of the Agenda items are posted on the City's Website mexicobeachf.gov This meeting will be *You arel hereby notified that in accordance with Florida Statutes, youl havea a right to appeal any decision made by the Council with respect to any matter considered. You may need to ensure that a verbatim record oft the proceedings is made which may need toi include evidence and testimony upon which the appeal is based. Any person requiring a special accommodation: at this meeting because ofac disability or physical impairment should contact Tammy Brunson, City Clerk, at2 201 Paradise. Path, Mexico Beach, Florida 32456; or by phone (850) 648-5700 at least five calendar days prior tot the meeting. Ifyou arel hearing or speech impaired, and you possess TDD equipment, you may contact the City Clerk using thel Florida Dual Party Relay System, which  recorded and on the website.  can be reached at -800-955-8770IDD)    City of Mexico Beach MONDAY, JANUARY 6, 2024-6:00PM  Planning & Zoning Meeting Minutes  The City of Mexico Beach Planning & Zoning Board met ina a regular meeting on Monday January 6, 2024, at 6:00 pm at the Public Works Buildingi in Mexico Beach. Board members present were Lee Ellzey, Rock Kries, Julie Gardner, Steve Cox and Chairman Jack Kerigan. Also present were City Administrator, Chris Hubbard, City Clerk, Tammy Brunson and City Attorney, Clint McCahill.  I.  Call to order: Mr. Kerigan called the meeting to order: at 6: 00 pm.  II.  Consent Agenda: Mrs. Gardner motioned, and Mr. Kries seconded to approve the meeting minutes from  December 4, 2023. Motion passed unanimously.  III.  Regular Agenda:  1. City Clerk swore in members Lee Ellzey, Post 2 and Rock Kries, Post 41 for another term.  2. Variance - Gulf View Motel - Open public discussion at 6:06 pm. Allara Mills Gutcher presented the variance request at 1404 Hwy 98 to install a pergola on a deck with 2 swings at the corner of the motel. Site plans were submitted. Applicant wanted to rebuild previous swing and pergola that existed prior to the storm. Ms. Gutcher presented photos of swing before the storm and stated that they were not given enough information to do an adequate review for the variance and site plan did not depict the setbacks that they were asking for. Unclear of how much of a setback they were requesting. The determination could not fully be made due to criteria in LDCI not being clearly met and due to this, the recommendation was to deny the request since and adequate review could not ber made. Open public comments at 6:06pm. Mr. Kerigan reminded the citizens that this board only made recommendations toi the City Council andt the City Council would make the final decision. Charles Smith, owner of Gulf View Motel stated he is wanting toy put exact swing back in the same area before the storm, but it is back further and closer to the motel. He questioned if there was not a setback on that corner where his swing would go. He said he was going to build back exactly as it was before and that there was a deck on it but it was covered with sand and then gravel but it was sO close to the ground that it stayed covered up. He said what more can he do to get his swing, and stated it is just a swing. Ms. Gutcher stated she received a site plan with a pen mark drawing where swing was going to go but had no measurements and she could not make a proposal due tot the regulations. Mr. Smith stated that is was approximately 7ft from the side of the building and that the front is within the setback. Ms. Gutcher stated she needed something in writing with the measurements. Mr. Kries stated that he went and took pictures. Mr. Smith said he spoke with Greg at EPCI and he had no problem with the swing and that Code Enforcement was not sure about the setback. He stated he talked to several people and never could get a definite answer. Mr. Kries went andt took pictures and measured and he compared with the older pictures and it looks exactly the same. Mr. Kerigan asked about the motel sign andi ifi it was in the same place and Mr. Smith: said he didn't have to replace the pole that it was int the same place. Mr. McCahill stated that this could be grandfathered in: since it was there before the storm in the same footprint as before. Lisa Logan stated Ord 739 was original ordinance that people could build back ini the same footprint andi it expired but was extended with Ord 775 andi it expired Oct 26, 2023. Mr. Smith started building on Oct1, 2023 and was well within his rights putting swing back.    City of Mexico Beach MONDAY, JANUARY 6, 2024-6:00PM  Planning & Zoning Meeting Minutes  Mr. McCahill make recommendation to council to grandfather in. Mr. Smith stated that EPCI told him he needed to geta a Mr. Cox made a motion to recommend to council to grandfather this building of this swing and pergola in reference to Ordinance 775 as it was before the hurricane. Mr. Kries seconded the motion. Motion passed unanimously.  permit to build the deck and the swing and to present this variance to P&Z.  3.  Proposed LDC Revision - Adding lodging establishments to general commercial zoning district - Allara Mills Gutcher with the Planning Collaborative presented proposal. She stated this brings consistency with the City's Comprehensive Plan and cleans upt thel language. Mr. Kries asked about the 31 hotels that do not fall under this requirement prior to the LDR. The Comp Plan already allows lodging establishments in general commercial and is the over riding document andi ift there is any inconsistency they always turn to the comprehensive plan and bringing to the table to make consistent with each other. Opened public discussion at 6:26 pm. John Harrell, 1st Street - Asked what happens when we annex property and what zoning is assigned to that property. Mr. Kries asked where this was int the comp plan. Ms. Gutcher stated it wasi in 1.1.4 part DI list thei tourist commercial uses and part 5 has the allowable uses listed and what is allowed in tourist commercial is allowed in general commercial. Mr. Kries stated the problem was there is no more commercial, and everything is turning into residential. Ms. Gutcher stated this was discussedi in 2018 when: she was updating the comp plan and that your really don'twant to have residential allowed in concerned categories. Mr. Kries asked Mr. Hubbard when the LDC and Comp Plan will be able for an update. Mr. Hubbard stated that is starts with the P&Z Board. Ms. Gutcher did recommend that both LDR and Comp Plan be updated. Mr. Kerigan asked how to: start this process. This will have to be a budgeted item. Lisa Logan - Maryland Ave - Stated that a $75,000 grant has been awarded to the City and updating the Comp Plan and LDR is included ini this and that the City Council needs to get started with the process. Ms. Gutcher stated that a public Visionary Workshop is scheduled for. January 22nd. Mr. Kerigan asked if there was a motion to recommend approval or denial. Mr. Kries made a motion to deny recommending to council adding lodging establishments to general commercial until LDC and Comp Plan is updated. Motion died for lack of a second. Mr. Ellzey motioned recommending to the city council to add lodging establishments to general commercial zoning district. Motion died for lack of a second. Mr. Kerigan asked Mr. McCahill what the next step would be since motion failed. It will not move to the City Council. Mr. Cox stated he did not feel that they were doing their job as the P&Z Board, and he feels that Mr. Ellzey needed to restate motion again. Mr. Ellzey motioned to recommend to the city council to add lodging establishments to general commercial Ms. Gutcher reviewed the agenda for the Visionary Workshop and that is scheduled for January 22, 2024. Mr. Kerigan Mr. Hubbard stated iti is the plan to have monies int the budget int the next year to update both thel LDR and Comprehensive Plan. Ms. Gardner asked what the cost of updating these that was submitted to Doug. Ms. Gutcher stated the low end of  zoning district. Mr. Cox seconded the motion. Motion carries 4-1. Mr. Kries with no vote. asked when final date of grant application. Ms. Gutcher stated May 31,2024 with a draft.  updating the LDR was $80,000 and he wanted to split it into two fiscal years.    City of Mexico Beach MONDAY, JANUARY 6, 2024-6:00PM  Planning & Zoning Meeting Minutes  IV. Adjournment: Mr. Kerigan adjourned the meeting at 6:43 pm.  By:  Attest:  Chair, Jack Kerigan  City Clerk, Tammy Brunson    EVENT DETAILS Florida League of Cities  State-Mandated Continuing Education in Ethics Live  Webinar  Dates: 17 - 17 Jul, 2024 Time: 10:00 AM to 3:30 PM    The class Contains a morning and afternoon session to cover all 4 hours with a lunch break in-b ten. Meet *he state requirement and maybe, just Session 1: 10:00 a.m. - 12:00 p.m. - Florida Ethics Law (Chapter 112) Session 2: 1:30 p.m. - 3:30 p.m. - Florida Public Records and Public Participating in the FULL four hours of this webinar meets the state requirement for annual ethics training. We hope to see you there!  maybe, enjoy doing it!  BREAK Meetings Law  PLEASE NOTE: Attendees for this class are required to both log-in and have audio access to be awarded credit. Instructors use both slides and verbal ntormationlustratons throughout the course. No audio-only attendance will count toward completion of the course. If you are registering multiple people, each one must have a different email address. Attendance cannot be tracked  ifthe same email address is used for multiple individuals.  Click here to register:  nttps/us02web.zom.swebinar/register/WN w! VAZ5R260XORbSWw    TPC the planning collaborative Memorandum for Record  April 1, 2024  To: From: RE:  Planning and Zoning Board City of Mexico Beach Allara Mills-Gutcher, AICP Accessory Structures - Section 2.04.00  Analysis of Section 2.04.00 "Accessory Structures"  Generally  Recommend that the definition of principal structure be revised for clarity. and limit the definition of a use and a structure to the respective section.  There are two separate sections, one fora a use and onet forastructure. Retain the separate sections  Applicable Information  Article II Section2.04.00 regulates the installation, configuration, and use of accessory structures.  The Section provides the following definitions:  "Principal structure: The principal structure shall be construed to mean the dwelling unit, house, Principal Use: The primary use on a lot as allowed by the Zoning District within which the loti is Accessory structure: A structure of a nature incidental and subordinate to the principal structure. Accessory structures shall be located on the same lot as the principal structure to which they are accessory. Unless otherwise provided, if ont the same premises where al building is attached to the principal building, it shall be considered aj part thereof, not an accessory building. Accessory use:AU use ofar nature customarily: and/orf functionally incidental and subordinate to the  or commercial use located on the lot that contains the principal use.  located.  principal use on al lot."  As written, this Section allows accessory structures if thei following requirements are met:  1. The parcel has a permitted principal development that meets all standards and requirements of the Code. No accessory structure shall be permitted until the principal structure is complete. A 2. The accessory structure will not be located in a required buffer, landscape area, or minimum  variance from this provision is not allowed.  building setback area.    3. Thea accessory: structure isi included in all calculations ofi impervious surface and stormwater runoff. 4. Accessory structures shall be shown on any concept development plan with full supporting The maximum size of the accessory structures ona al lot shall not exceed seventy-five percent (75%) of the square footage of the primary structure. The combined square footage of both the primary structure and accessory structure may not exceed the allowable densities and intensities within . Vehicles, including manufactured housing and mobile homes, shall not be used as accessory a. Twelve (12)fe feet maximum height ini residential Zoning Districts, twelve (12) feet in commercial Zoning Districts and sixteen (16) feet for garages/carports and boatsheds. b. No noise, glare, odor, vibration, or fume shall be produced by the accessory structure itself or 8. Alla accessory structures must satisfy the requirements of 2.01.02 of this Code. [Please note that 9. All accessory structures shall comply with standards pertaining to the principal use unless  documentation of compliance with Articles Il and III of this Code.  each Zoning District as stated in Article IIS Section 2.02.02 of this Code. 7. All accessory structures shall comply with the following standards:  structures.  activities performed within the structure. there is currently not a Section 2.01.02 of the Code]. exempted or superseded elsewhere in this Code.  Analysis  Accessory structures must be located on a parcel with a permitted principal development that meets all standards and requirements of the Code. Only after the principal structure is completed are accessory In order to more effectively implement these requirements, the definition of principal structure should be considered for revision due to its significance in determining allowable accessory structures. As written, the definition provided for principal structure includes "dwelling unit, house, or commercial use". Thet term commercial use is misleading in this definition of a "structure" because it implies that you can have a principal structure with solely the presence ofa commercial use. Essentially, the code language intermixes The use of the term "permitted principal use" should also be replaced or defined for consistency in The maximum size of accessory structures is currently limited to exceed seventy-five percent (75%) of the square footage oft the primary structure. This requirement prevents the accessory use from exceeding the  uses permitted.  the usage of the terms "structure" and "use".  implementation.  size of the principal use on the property. This is a high ratio comparatively.    Exhibit"A"  2.02.02 Zoning Districts A. Residential Low Density 1.I District Intent  2. Allowable Location Land Use Category. 5. Prohibited Uses  This zoning districtallows for single family residential at a The Residential Zoning District is maximum density of 6 dwelling units per acre and non- allowed within the Residential Future  residential development as defined below.  3.P Principal Uses  4. Uses Allowed With Council Approval a. Docks, piers, Waters.  6-Aeeessery-Uises  a. Residential single family b. Outdoor recreational uses, golf courses, playgrounds, ball fields, outdoor ball courts, outdoor swimming pools, C. Water-related or water- dependent uses, including boat ramps and fishing docks and piers d. Similar outdoor recreational uses, whether public or private. e. Educational facilities(public or f. Public buildings and grounds g. Pre-school and day care facilities (public or private) h. Churches Residential care facilities, Group homes k. Other similarinstitutional uses.  a. Mobilel homes e--Allewed:-Pele C. Landfills. d. Hazardous greenheuses; waste collection sterage-sheds.peeks and handling centers. e. Borrow pits. Feereational f. Pastures, forestry, feed lots, basketball,ete- and buildings which are an accessory to these ethereustemary agricultural uses. wses-metrestreted g. Junkyards and erprehbiedeither: salvage yards. h. Firing ranges natureef . Marinas J. Miniature golf Restrieted: courses k. Race tracks squarefeet 1. Medical marijuana treatment center etheruses Impervious Surface Ratio 0.40  wharves, and similar b. RV parks  barms,teelsheds, garages; and-hetlubs; gazebes,private Faeihtes-ftemnis, degheuses, bathheuses,and  includingarboretums, hiking trails, structures in City  private)  speeifieallyerby perfermancebelew*. Playheuses-(100 maximum) e--Prehibited-AH  76.D Development Standards  Setbacks Side 7.5 feet  Max Height 32 feet  Front 20 feet B. Residential General 1.I District Intent  Rear 10 feet 10 feet  Corner  2. Allowable Location  This zoning district allows for single family and multi- The Residential General Zoning District family residential atai maximum density of6 dwelling units isallowed within the Residential per: acre and non-residential development: as defined below. General Future Land Use Category.    3.F Principal Uses b. Multi-family trails, golf courses, playgrounds, ball fields, outdoor ball courts, outdoor swimming pools, d. Water-related or water- dependent uses, including boat ramps and fishing docks and e. Similar outdoorrecreational uses, whether public or private. f. Educational facilities (public or private) g. Public buildings and grounds h. Pre-school and day care facilities (public or private) Churches Residential care facilities, k. Group homes I. Other similar institutional uses.  4. Uses Allowed With 5.Prohibited Uses 6-Aeeessery-Uises:  Council Approval  a. Residential single family a. Condominiums including arboretums, hiking City Waters.  a. Mobile homes Allewed:-Pele  b. Docks, piers, wharves, b. RV parks  bars,teelsheds, garages; greenheuses; and-het-tubs; gazebes,private faeilities-flemnis, degheuses; bathheuses;  C. Outdoor recreational uses, and similar structures in C. Landfills.  d. Hazardous and handling centers. f. Pastures, and buildings which are an  waste collection terage-sheds,pees e. Borrow pits. Feereational forestry, feed lots, basketbal,ee. accessory to these persenal-serviee agricultural uses. businesses-where g. Junkyards and the-service-is salvage yards. h. Firing ranges individual-to- Marinas Miniature golf hereustemary courses k. Race tracks erprehbed-either 1. Medical marijuana treatment center perfermaneebelew.  piers  perfemmed-en-an individua-basisand uses-metresteted speetealy-erby nature-ef -Restrieted: Playheuses-100 squarefeet maximum) eProhbied-AH etheruses Max Height 32 feet  76.D Development Standards  Setbacks Side 7.5 feet  Impervious Surface Ratio 0.40  Front 20 feet  Rear 10 feet  Corner 10feet  C.H High Density Residential 1.D District Intent  2. Allowable Location  This zoning district allows for single family and multi- The High Density Residential Zoning family residential at ai maximum density of8 dwelling units District is allowed within the High per acre and non-residential development as definedbelow. Density Residential Future Land Use  Category.  3.F Principal Uses  4. Uses Allowed With 5.F Prohibited Uses 6-Aeeessery-Uses  Council Approval    a. Residential single family a. Condominiums C. Outdoor recreational uses, wharves, and similar  a. Mobile homes e-Allewed-Pele  b. - Multi-family trails, golf courses, playgrounds, ball fields, outdoor ball courts, outdoor swimming pools, d. Water-related or water- dependent uses, includingl boat ramps and fishing docks and piers e. Similar outdoor recreational uses, whether public or private. f. Educational facilities (public or private) g. Public buildings and grounds h. Pre-school and day care facilities (public or private) Churches Residential care facilities, Group homes Other similar institutional uses.  b. Docks, piers,  b. RV parks C. Landfills. and handling centers. f. Pastures, and buildings which are an  barms,teelsheds, garages; greenhouses; end-het-fubs; gazebes,Prvate faeilities-fiennis; degheuses; bathheuses,  including arboretums, hiking structures in City Waters. d. Hazardous  waste collection terage-sheds,pees e. Borrow pits. Feereational forestry, feed lots, basketball,ete.) accessory to these persemal-serviee agricultural uses. busimesses-where g. Junkyards and the-service-is h. Firing ranges individual-te- Miniature golf ethereustemary k. Race tracks erprehbied-eiher: treatment center perfermaneebelew:  salvage yards. Marinas courses Medical marijuana  perfemmeden-an individua-basisend uses-Retrestrieled speeifieally-erby nature-ef bRestrieted: Playheuses-(100 square-eetmak-7 e-Prehibied-AH etheruses Max Height 32 feet  76.D Development Standards  Setbacks Side 7.5 feet  Impervious Surface Ratio 0.50  Front 20 feet D. Townhome District 1.District Intent  Rear 10f feet  Corner 101 feet  2.Allowable Location  This zoning districti is created to specifically allow common The Townhome District is allowed wall townhomes within the City. This district allows for within the High Density Residential single family attached andi multi-family: attached residential Future Land Use Category.  dwellingu units at a maximum density of8 dwelling units per  acre. 3. Principal Uses attached b. Multi-family - Residential caref facilities, d. - Group homes  4.1 Uses Allowed With Council Approval and similar structures in City Waters.  5.P Prohibited Uses homes  6-Aeeessery-Uises e--Allewedenly-f the-mperveus  a. Residential single family, a. Docks, piers, wharves, a. Mobile  b. RV parks SFfaee-s-ess-than C. Landfills. the-maximum d. Hazardous alewed-Sheds; waste collection delaehed-garages, and handling greemelses,pels  centers.  end-het-tubs;    e. Borrow pits. azebes,degheuses, forestry, feed serviee-businesses: buildings which perfermed-en-an are an accessory individual-te-  f. Pastures, lots, and to these agricultural uses. and salvage yards. h. Firing ranges 1. Marinas J. Miniature golf courses k. Race tracks 1. Medical marijuana treatment center Impervious Surface Ratio 0.85  balhhewses-persemal where-the-serviee-s ndividal-basis-emd Hhereustemay-ses net-restrieted-er speeifieally-erby nature-ef perfermanee-belew, b-Prehibied-AH etheruses  g. Junkyards prehibitedeither  76 6.I Development Standards  Setbacks Side! Ofeet  Max Height 32 feet  Front 20 feet  Rear 10f feet  Corner 101 feet  'Fora any parcel that shares as side boundary with aj parcel is not zoned Townhome District, that Townhome District parcel must comply with a 7.5 foot side setback on that shared side boundary.  E. General Commercial 1.I District Intent  2. Allowable Location isallowed within the General Commercial Future Land Use Category. 5. Prohibited Uses 6-Aeeessery-Uises  This zoning district allows for single family residential ata The General Commercial Zoning District  maximum density of 18 dwelling units per acre and commercial land uses as defined below.  3.F Principal Uses  4. Uses Allowed With Council Approval    a. Community centers and fraternal lodges. studios  a. Condominiums a. Landfills. b. Docks, piers, b. Hazardous  Restrieted: -Areas-and-sheds halbe-enelesed-by epaguefemegetat height buildings-used-fer indusirielsierage-ef materials-shal-be leeated-mearerthan ene-hundred-09) preperty-line Prehibited: eAletheruses:  b. Commercial or trade schools wharves, and similar waste collection ferelside-sterage  such as dance and martial arts structures in City and handling  Waters.  centers. d. Pastures, and buildings which are an  C. Department stores and other retail sales stores, sucha as shoe stores, clothing stores, pharmacies,florists, and book stores. d. Funeral homes, cemeteries, and mortuaries. e. Farm and garden supply, building supply, and vehicle parts and accessories (including vehicle sales/service/repair). Grocery stores, supermarkets (including convenience stores), and specialty food stores (such as meat markets and bakeries). &. Hospitals h. Service businesses such as blueprint, printing, catering, tailoring, travel agencies, upholstery shops, laundries/dry cleaners, and light mechanical repair stores (such as camera, TV, or bicycle repair shops). Restaurants including open air cafes. Shopping centers (but not regional malls or centers).  C. Borrow pits. eastsix--feetin forestry, feed lots, BNe-meeessery accessory to these hazardeus; agricultural uses. ineendiary-ReNieus, e. Junkyards and erpemnicieus treatment center feet-frem-any  salvage yards. f. Medical marijuana  3.Principal Uses  4.1 Uses Allowed With Council Approval  5.F Prohibited Uses 6. Accessory Uses  k. Theaters and auditoriums. 1. Plant nurseries. m. Veterinary offices and animal hospital with outside kennels. n. Wholesale and retail businesses for storing and/or distributing 0. Mobile home parks, recreational vehicle, and travel trailer parks. p. Arcades, billiards/pool parlors, bowling alleys, indoor recreational centers, and gymnasiums/spas/ health clubs. q. Small taverns and bars. T. Residential Single Family S. Multi-family  goods.    t. Educational facilities (public or u. Public buildings and grounds V. Pre-school and day care facilities (public or private) W. Churches X. Cemeteries without funeral homes, y. Residential care facilities, Z. Group homes aa. Others similarinstitutional uses. bb. Personal service businesses where the service is performed on an individual-to-individual basis, including barber shops, beauty shops, boutiques, studios, or other similar uses. cc. Professional offices dd. Medical offices or clinics 3.1 Principal Uses Government offices Financial institutions Temporary uses, as defined in in this Code. 76. Development Standards  private)  4. Uses Allowed With 5.Prohibited Uses  Council Approval  Impervious Surface Ratio 0.90  Max Height  Setbacks  Front 12  Side 0 feet if attachment feet easement is inj place; 5 feeti if abutting residential property  Rear 10f feet  Corner 12feet  48 feet  F. Tourist Commercial 1.D District Intent  2. Allowable Location isa allowed within the Tourist Commercial Future LandUse Category.  This zoning district allows for single family residential at a The Tourist Commercial Zoning District  maximum density of 18 dwelling units per acre and commercial land uses as defined below.  3.P Principal Uses a. Boutiques b. Souvenir shops e. Marinas f. Single family dwellings g. Multi-family dwellings  4. Uses Allowed With 5.1 Prohibited Uses  6 Aceessery Uses Restrieted: .Areas and-sheds fereutside be-enelesed byepaque  Council Approval a. Condominiums b. Docks, piers, Waters.  a. Mobile homes b. RVI Parks d. Hazardous waste centers. e. Borrow pits.  C. Restaurants and open air cafes wharves, and similar C. Landfills.  d. Smalll hotels and small motels structures in City  collection and handling sterage-sha!!    h. Gasoline sales and service i. Gasoline sales combined with small food marts n. Outdoor recreational uses, including arboretums, hiking trails, golf courses, playgrounds, ball fields, outdoor ball courts, outdoor swimming pools, 0. Water-related or water- dependent uses, including marinas, boat ramps, fishing docks and piers p. Similar outdoor recreational uses, whether public or private. q. Educational facilities (public or private) r. Public buildings and grounds S. Pre-school and day care facilities (public or private) t. Churches u. Cemeteries without funeral homes, V. Residential care facilities, W. Group homes  f. Pastures, forestry, feneingefat feed lots, and buildings least-six-(6 which are an accessory feetin tot these agricultural uses. height g. Junkyards and salvage yards. h. Firing ranges Miniature golf courses J. Race tracks treatment center  b.Ne aeeessery buildings usedfeF industrial sterage-ef ineendiary, nexieus,er pernicious materials shall-be leeated nearerthan ene-hundred (100)feet frem-any preperty line Prehibited: Allether uses  k. Medical marijuana hazardeus;  3.F Principal Uses  4. Uses Allowed With 5. Prohibited Council Approval  Uses  X. Other similar institutional uses. y. Personal service businesses where the service is performed on an individual-to- Z. Temporaryuses,: as defined in Section XX. 76. Development Standards  individual basis.  Setbacks Side  Impervious Max Height Surface Ratio 0.80  Front  Rear  Corner  12 0 feet if attachment easement is in 101 feet 12f feet  32 feet  feet place; 5 feet if abutting residential  property  G. Public/nstitutional 1.D District Intent uses. 3. Principal Uses  2. Allowable Location Land Use Category.  This zoning district allows for public and institutional The Public/Institutional Zoning District is  allowed within thel Public/nstitutional Future 5.1 Prohibited Uses 6-Aeeessery-Uises  4. Uses Allowed With Council Approval    a. Educational facilities a. Condominiums  a. Landfills. handling centers. C. Borrow pits. d. Pastures, forestry, leastsin--feetin feed lots, and buildings which are b-Ne-aeeessery an accessory to these buléings-used-fer agricultural uses. e. Junkyards and hazardeus; salvage yards. f. Firing ranges g. Miniature golf materiels-shal-be courses h. Race tracks i. Medical marijuana feet-frem-any treatment center  Restrieted: foreuside-sterage shallbe-emelesed-by pague-emeimgerat height  (public or private) grounds C. Pre-school and day care facilities (public or private) d. Churches e. Cemeteries without funeral homes, f. Residential care facilities, g. Group homes h. Other similar institutional uses.  b. Docks, piers, wharves, b. Hazardous waste e-Areas-and-sheds  b. Public buildings and and similars structuresi in City collection and  Waters.  imdustialsierage-ef meendiary-meNious; er-pernicieus leeated-mearerthan eme-hundred-09) preperty-me Prehibited: e--Alletheruses: Max Height 32 feet  76. Development Standards  Setbacks Side Rear  Impervious Surface Ratio 0.90  Front  Corner 20 feet  20 feet 7.5 feet 10 feet  H. Recreation 1.I District Intent  2. Allowable Location Category.  This zoning district is intended to provide limited active The Recreation Zoning District is allowed  and passive recreation areas open to the public.  within the Recreation Future Land Use  3. Principal Uses  4. Uses Allowed 5. Prohibited Uses 6-Aeeessery-Uises  With Council Approval  a. Areas for outdoor recreational activity such as picnicking, jogging, cycling, and hiking b. Arboretums Golf courses d. Playgrounds Ball fields Outdoor ball courts Outdoor swimming pools h. Boat ramps Fishing docks and piers Marinas k. Similar outdoor recreational uses  a. Landfills. b. Hazardous waste -Areas-andsheds collection and handling centers. C. Borrow pits. d. Pastures, forestry, efat-leastsix-6) feed lots, and buildings which are b-Ne-aeeessery an accessory to these buileings-used-fer agricultural uses. e. Junkyards and hazardeus; salvage yards. f. Firing ranges g. Miniature golf pernicieus courses h. Race tracks i. Medical center  Restrieted: ereltside-sterage shall-be-enelesed by-opagwe-femeing feetin-height industrialsterageef ineendiary nexious,eF materials-shal-be eeatedmearerthan eme-hundred-09) preperty-line  marijuana treatment feet-from-any    Prehibited: e-Alletheruses  76. Development Standards  Setbacks Side 7.5 feet  Impervious Surface Ratio 0.80  Max Height 32 feet  Front 20 feet I. Preservation 1.1 District Intent  Rear Corner 10f feet 20 feet  2. Allowable Location District is allowed within the Preservation Future Land Use Category. Uses a. Landfills. b. Hazardous waste collection and handling centers. C. Borrow pits. d. Pastures, forestry, feed lots, and buildings which are an accessory to these agricultural uses.  This zoning districti is intended to protect and preserve natural resources The Preservation Zoning  and locally designated environmentally sensitive resources.  3.1 Principal Uses  4.Uses Allowed With 5. Prohibited 6  Council Approval  Accessery Uses  Passive recreational activities such as those relating to beach activities, beach re- nourishment, and dune crossover boardwalks.    e. Junkyards and salvage yards. f. Firing ranges g. Marinas h. Miniature golf courses Race tracks J. Medical marijuana treatment center Impervious Surface Ratio 0.2  76 6. Development Standards  Setbacks Side None  Max Height None  Front None  Rear None  Corner None  Development within this district is restricted to that which is created to preserve, enhance, or mitigate previous development ofnatural hazard activities whichhave degraded the natural state. All City-owned  access to beach dunes and beach areas shall be preserved without exception.  J. Tourist Mixed Use 1.D District Intent  2.A Allowable Location  This district] provides for an integrated mix of resort uses that The Tourist Mixed Use Zoning are predominantly tourist-oriented and seasonal in nature; Districti is allowed within the Tourist development will be designed to encourage connectivity among Mixed Use Future Land Use the uses and clustered to the extent practicable toj provide open Category. space and to protect environmentally sensitive areas. This zoning district allows for single family residential and multi- family at: ai maximum density of 2 dwelling units per acre and  commercial land uses as defined below.  3.P Principal Uses a. Single family ancillary uses; C. Hotel, motel, and other Waters. temporary lodging units; d. Neighborhood and community-scale commercial; e. Beach clubs and other recreational uses; f. Public and private uses such as officesand services; g. Religious institutions; h. Marinas and water related facilities; 1. Infrastructure J. Entertainment facilities.  4.Uses Allowed With Council 5. Prohibited Uses 6.Aeeessery  Approval a. Condominiums similar structures in City  Uses Areas-and shedsfer eutside-sterage epaque feneingefat  a. Mobile home Restrieted: b. Landfills. C. Hazardous waste collection and shallbe handling centers. enelesed-by d. Borrow pits. e. Pastures, forestry, feed lots, leastsix(6) and buildings which feetin-height are an accessory to b.Ne these agricultural aceessery f. Junkyards and for-industrial marijuana treatment ineendiary,  b. Multi-family, and any b. Docks,piers, wharves, and parks  uses. salvage yards. g. Medical center  bulldings-used sterage-ef hezardeus; nexieus,eF pernicieus    materials-shal belecated nearerthan ene-hundred (100)feet from-any preperty-line Prehibited: Allether uses  76 6. Development Standards  Setbacks Side  Impervious Surface Ratio 0.70  Max Height 48 feet  Front feet  Rear Corner feet  12 Of feet if attachment easement is inj place; 5 feet 20 12feet  if abutting residential property  8. Development Restrictions of the total land area.  A. In the Tourist Mixed Use Zoning District at least three principal uses must be developed on the subject property, oneofwhichis requiredtol bear residential use. Noj principal luses shall be less than 10% B. Where practicable, native vegetation will be used for residential lots and common open spaces. Native vegetation to be used can be identified from Waterwise Florida Landscape as produced by C. Connection to central water ands sanitary sewers systems shalll be required prior to any certificate of D. The Tourist Mixed Use Zoning District may be implemented through the Planned Unit E. A property must beumderingeowmeahiper: under unified control at the time the Tourist Mixed  Florida's water management districts. occupancy being issued. Use category is assigned.  Development process as defined in this Code.  2.04.00 ACCESSORY STRUCTURES  Itist the purpose ofthis Article to regulate thei installation, configuration, and use ofaccessory structures in order to ensure that they arei not harmful to residents and cause safety issues to surrounding areas.  Definitions  Repre-palstRueHPHFeSAAPecePsREeeme#RedweHmgHPE-eNse,Preemmerelaluse-eeatden Principal Structure: the main building or others structure on al lot that is utilizedi for thej property's principal  heleHhateeniins-hepiinepaluse:  use.  Accessory structure:  As structure ofai naturei incidental and subordinate to thej principal tructure.Accessory structures shall be  located on the same lot as the principal structure to which they are accessory.  (Ord. 711, passed 2-5-2019)  2.04.01 General Standards and Requirements  Any numberof different accessory structures may be located on aj parcel, provided that the following  requirements are met:    A. There shalll be aj permitted principal develepment structure on the parcel, locatedi in full compliance with all standards: andrequirements ofthis Code. No accessory structure shalll bej permitteduntil the principal structure is complete., A variance from this provision is not allowed. B. Accessory structures shall not be located within any easement, required buffer, landscape area, minimum building setbackarea, int the front yardoftheprinciple structure, or within requiredparking C.A Accessorystructuresshalbeincludedinallealçulations: ofimpervoussuracandsiomwalterumor. D. Accessory structures shall be shown on any concept development plan with full supporting  areas.  documentation ofcompliance with Articles II and III ofthis Code.  E. Maximum size of accessory structures  1. The total square footage for all accessory structures on a lot shall not exceed seventy-five 2. Acombination ofsquare footageofboth thej primary structure and accessory structure: may not exceed the allowable densities and intensities within each Zoning District as stated in F.P Personal vehicles, manufacturedhousing. andmobilel homes shall not beu used as accessory structures  percent (75%) ofthe square footage oft the primary structure.  Article II Section 2.02.02 ofthis Code.  G. Standards  All accessory structures shall comply with the following standards: dwellings, twenty-four (24) feet in all other zoning districts.  1. Twelve (12) feet maximum height in any zoning district that only allows single-family 2. Noi noise, glare, odor, vibration, or fumesshalll bej produced by or emitted from the accessory structure itself or due to activities performed within the accessory structure. Aaeeessery-steHresNSISatsy-therep-semetset2.41-02-efthis-Cede - All accessory structures shall comply with standards) pertaining to the principaluse, unlessexempted  or superseded elsewhere in this Code. (Ord. 711, passed 2-5-2019)  2.04.02 Swimming Pools, Hot' Tubs, and Similar Structures  A. Swimming pools shall be permitted only in side and rear yards and shall not encroach into any required  building setback.  B. Enclosures forpools shall be considered a part oft the principal structure and shall comply with standards for minimum distance between buildings, yard requirements, and other building D. Excavations forj pools tol be installed for existing dwellings shall not exceed a 2:1 slope from  location requirements of this Code.C. (Ord. 711, passed 2-5-2019) 2.04.03 Fences  the foundation of the house, unless a trench wall is provided.  A. All fences tol be built shall comply with thel Florida Building Code. Thej posts ofeach fencemust be resistant to decay, corrosion, and termite infestation. The posts must also be pressure-treated for B. Fences ork hedges may! be locatedi in all side andi rearyardsetbackareas. No fence locatedi in the side and rear yard setbacks: shall exceed thel height tofsix (6) feet. Hedges located in frontyards shall not No fences: shall be placed ini fronty yards (the yard abutting a road or public right-of-way: and defined bye extending the line oft the front wall oft the principal structure to the: side property lines) except as D. The waterfront sideofanyproperty shall conform to the same fence typeandplacement standards as  strength and endurance. exceed three (3) feet in height. provided in section 2.04.03.1.2. below. the front yard ofany property.    E. In areas where the property faces two (2)roadways ori is located in any other area construedi to be a cornerl lot, not fence orl hedge exceeding two (2) feet shalll bel located in thevisiontriangle, as required F. Any fence shall be placed with the finished side facing outward from the property. G. No fence or hedges shalll be constructed ori installed in such a manneras to interfere with drainage on H. Fencesshallrequirepermitsubjpectto, standards thatincludebutarenotlimited toi fencedesign_(type), height, material, and plaçement as specified by the Mexico Beach City Council and this Code. 1. Af fence required fors safety and protectiono ofhazard by anotherp publicagency may not be subject to the height limitations above. Approval to exceedmaximum! height standards may be given by thel Planning andz Zoning Board upon receipt ofs satisfactory evidenceofthe need 2. Non-opaque decorative: fencesused strictly for landscape purposes and not exceeding three (3)f feet in height may be placed in front yards (as defined above). A chain-link fence, for example,evenifless than three (3) feet in height, does not constitute a decorativel: landscape  by Article VI. the site. Exemptions  to exceed height standards.  fence.  J. Materials [Reserved] (Ord.711, passed 2-5-2019) 2.05.00 ACCESSORY USES  The purpose oft this Section ist to establish standards for accessory uses to ensure that they do not disrupt  otherwise allowable uses within the related zoning district.  Definitions Principal Use Accessory use  The primary use ora activity on a lot as allowed by the Zoning District within which the lot is located. A use customarily and/or functionally incidental and clearly subordinate to the principal use on a lot or parcel. The activity occurring must be dependent upon the primary or principal use.  2.05.01 Generally  Accessory uses are permitted in all districts, and only when the accessory use is a nature customarily incidental and clearly subordinate to a permitted or permissible principal use and, unless otherwise Accessory uses shall noti involveoperations or structures not in keeping with the character oft the district  provided, these uses are located on the same lot or parcel as the principal use.  where its located. A. Purpose  2.05.02 Home Occupations as an Accessory Use  Toj provide peace, quiet, and domestic tranquility within all residential: neighborhoods within the City, and to guaranteer to all residents freedom from excessive noise, traffic, nuisance, fire hazard, and other possible effects ofcommercial uses being conducted in residential areas.. Al home occupation: shall be allowed as an accessory use in a bonai fide dwelling unit subject to the requirements of this section. B. Noj person other than those persons residing on thej premises shall be engaged in suchoccupation: and such person must have a valid business license issued by the City of Mexico Beach.    C. The use ofthe dwelling unit forthe home occupation shall be clearlyi incidental and subordinate to its use forresidential purposesb by its occupants, ands shall under no circumstances change theresidential D. There shall be no change in the outside appearance oft the building or premises, or other visible evidemecaflicomlctolaufudhumecpismalicamelagmstasealingone(sgure footi ina area, non-lluminated, mounted flat against the wall ofthej principal building at aj position: not E. Not traffic shall be generatedb by such occupationi in greater volumes than would normally be expected inar residential neighborhood, and any need for parking generated by the conduct of such home occupation: shall bemet offthe street andother than in ai front yard required pursuant to this Code. F. No equipment, tools, orp process: shall be usedi in sucha al home occupation which creates interference to neighboring properties due to noise, vibration, glare, fumes, odors, orelectrical interference. In the case ofelectricali interference, no equipment or processshall be used which creates visual or audible interference in any radio, telephone, ortelevision receivers offt the premises or causes fluctuations in G. Fabrication ofarticles commonly classifiedi under the terms arts and handicrafts may be deemed a home occupation, subject to the other terms and conditions ofthis definition, andproviding noi retail The following shall not be consideredhome occupations, and shall be treated as commercial uses: band instrument instruction, studio for groupi instruction, public dining facility ortea room, antique or gift shops, outdoor repair, food processing, retail sales, nursery school orl kindergarten with greater J. Atno time shall anyl home occupation generate the need for morethan two(2), parking spaces at once, K. Atnotimeshallanyl home occupationbecomea usanctonegplbingpeperfsthroughgemcran ofnoise, odor, fumes, vehicular traffic generation, eyesore, or any other manner. L. The giving ofindividual instruction to one (1)person ata time such as an art or piano teacher, shall be deemed an acceptable home occupation; individual instruction as a home occupation for those M. Day care: shalll be considereda a home occupation when) limited to five (5) children at any givent time N. There shalll be no entrance or exit way speciftcallyprovided. in the dwelling or on the premises for the O. The owner(s) and ollerindNadial@primarly responsible fort thel home occupation shall live within P. Deliveries from commercial suppliers may not bei madei more thand once each week and the deliveries Q. The lists of home occupations that are allowed or prohibited in this section are by no means comprehensive, buti instead arei intendedt to serve as cxamplsofacpbleand unacceptablehome R. Ahome occupation: shall bes subject to all applicable city/county occupational licensing requirements, S. Any violation the standards and requirements set forth in this section may result in the permanent termination of the home occupation or for a period to be determined by the Mexico Beach City  character oft the structure.  more than two (2) feet from the main entrance of the residence.  line voltage offt the premises. sales are made at the home.  H. Outdoor storage of materials shall not be permitted.  than five children.  ina addition to the two (2) spaces required for a dwelling unit.  activities listed inj paragraph I above shall be prohibited. and subject to the provisions of paragraph K above. conduct oft the home occupation thereon.  the dwelling unit where said home occupation is located. shall not restrict traffic circulation nor cause: nuisances of any kind.  occupations.  fees, and other business taxes.  Council.  (Ord.711, passed 2-5-2019)    TPC the planning collaborative Memorandum for Record  October 19, 2023  To: From: Through: RE:  Mr. Chris Hubbard, City Administrator City of Mexico Beach Carly Hanson Allara Mills-Gutcher, AICP  Accessory: Structures - Section 2.04.00-N Memo 4of4  Analysis of Section 2.04.00 "Accessory! Structures"  Generally  Recommend that the definition of principal structure be revised for clarity.  Applicable Information  Article II Section 2.04.00 regulates the installation, configuration, and use of accessory structures.  The Section provides the following definitions:  "Principal structure: The principal structure shall be construed to mean the dwelling unit, house, Principal Use: The primary use on a lot as allowed by the Zoning District within which the lot is Accessory structure: A: structure of a nature incidental and subordinate to the principal structure. Accessory structures shall be located on the same lot as the principal structure to which they are accessory. Unless otherwise provided, if on thes same premises where al building is attached tot the principal building, it shall be considered a part thereof, not an accessory building. Accessory use: A use of a nature customarily and/or functionally incidental and subordinate to the  or commercial use located on the lot that contains the principal use.  located.  principal use on al lot."  As written, this Section allows accessory structures ift the following requirements are met:  1. The parcel has a permitted principal development that meets all standards and requirements of the Code. No accessory structure shall be permitted until the principal structure is complete. A 2. The accessory structure will not be located in a required buffer, landscape area, or minimum 3. The accessory: structure isi included in all calculations ofi impervious surface and stormwater runoff. 4. Accessory structures shall be shown on any concept development plan with full supporting  variance from this provision is not allowed.  building setback area.  documentation of compliance with. Articles II and III of this Code.    5. The maximum size oft the accessorys structures on al lot shall not exceed seventy-five percent (75%) oft the square footage oft the primary structure. The combined square footage of both the primary structure and accessory structure may not exceed the allowable densities and intensities within 6. Vehicles, including manufactured housing and mobile homes, shall not be used as accessory  each Zoning District as stated in Article IIS Section 2.02.02 of this Code. 7. All accessory structures shall comply with the following standards:  structures.  a. Twelve (12)1 feet maximum heighti inresidentialz Zoning Districts, twelve (12) feet ino commercial Zoning Districts and sixteen (16) feet for garages/carports and boatsheds. b. No noise, glare, odor, vibration, or fume shall be produced by the accessory structure itself or 8. All accessory structures must satisfy the requirements of 2.01.02 of this Code. [Please note that 9. All accessory structures shall comply with standards pertaining to the principal use unless  activities performed within the structure. there is currently not a Section 2.01.02 of the Code). exempted or superseded elsewhere in this Code.  Analysis  Accessory structures must be located on a parcel with a permitted principal development that meets all standards and requirements of the Code. Only after the principal structure is completed are accessory Inc order to more effectivelyi implement these requirements, the definition of principal structure should be considered for revision due to its significance in determining allowable accessory structures. As written, the definition provided for principal structure includes "dwelling unit, house, or commercial use". Thet term commercial use is misleading in this definition of a "structure" because it implies that you can have a principal structure with: solely the presence of a commercial use. Essentially, the code language intermixes The use of the term "permitted principal use" should also be replaced or defined for consistency in Af food truck permanently located on a property is considered development because its placement on the property creates a material change in the use of the land, as specified in Florida Statute. As a part of the permitting and development processofap principal development, alls standards and requirementsi including parking standards, landscaping, impervious surface ratios, and setbacks are reviewed in order to ensure Because food trucks are not considered a permitted permanent structure, they are not subject to development and site condition requirements review. Neither are food trucks considered as an accessory The maximum size of accessory structures is currently limited to exceed seventy-five percent (75%) oft the square footage of the primary: structure. Ift food trucks were revised to be considered the primarystructure  uses permitted.  the usage of the terms "structure" and "use".  implementation.  they are consistent with the Comprehensive Plan and Land Development Code.  structure unless they are exempt pursuant to Section 509.102, Florida Statutes.    on the parcel, this Section would currently restrict the size oft the accessory structure to 75% of the square footage of the food truck. This requirement prevents the accessory use from exceeding the size of the Because food trucks, defined as mobile food dispensing vehicles by Section 509.102, F.S. are "fully able to drive from place to place throughout the state", the mobility of an establishment makes it temporary to  principal use on the property.  the property it operates on and therefore is not deemed a permanent structure.    Potential Food Truck Topics For Discussion:  1. Safety issues  2. Parking Kequirementsydedicated parking 3. Number of food trucks/trailers per lot  4. Tightening zoning requirements to decrease acceptable areas for locating  5. Setback requirements 6. Utilities  7. Restricting allowable number oftrucks/trailers based upon density    TPC the planning collaborative Memorandum for Record  April 1,2 2024  To: From: RE:  Planning and Zoning Board City of Mexico Beach Allara Mills-Gutcher, AICP  Food Trailers and Food Trucks -S Section 2.08.08  Analysis of Section 2.08.08 A. "Food trailers prohibited" and Part B. "Food Trucks"  Generally  Recommend renaming the section with al header that better identifies the subject matter, such as Recommend providing a clear and concise definition of what constitutes a food truck and/or trailer, and referring to both as "mobile food dispensing vehicle" or similar since both are essentially identical uses. Recommend using the Florida State Statutory definition.  "Mobile Food Dispensing Vehicles".  Applicable Information  Article II Section 2.02.08 Specific Restrictions describes food trailers and food trucks.  Food trailers are prohibited within the City while food trucks are allowable in zoning districts that allow restaurants and open-air cafes or neighborhood and community-scale commercial (General Commercial, Tourist Commercial, Tourist Mixed Use). This potentially creates an inequitable implementation for ai type of use thati is essentially identical. Florida Statutes do not differentiate between the two types of vehicles. Food trailers are defined as "any structure or vehicle, fixed or mobile, used for the purpose of selling food orb beverages or producing food or beverages for commercial purposes, and which is not:  Abuilding compliant withi the Florida Building Code and this Land Development Code; Ahome occupation compliant with this Land Development Code and the Florida Building Code; AFood Truck, as defined by subsection B. of this Section [provided below); or At food or beverage vending structure, vehicle, or cart operated for a maximum of seventy-two (72) hours and only as part of a 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."    For those food trailers that were operational prior to the effective date of Ordinance 779 adopted on 1- 11-2022 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, which is the provisions for Non-Conforming Uses and Structures. Nonconforming food trailers shall otherwise comply with the Land Development Code and shall be considered restaurants for purposes of parking, landscaping, and other instances when requirements vary depending on the use of Alternatively, in Section2.02.08 subsection B Food Trucks, foodi trucks have the same definition as' "mobile food dispensing vehicle" pursuant to F.S. 55 509.102, as amended. In summary, food trucks are classified  the property.  accordingly if they meet all of the following criteria:  Any vehicle that is a public food: service establishment Iss self-propelled or otherwise movable from place to place  Includes self-contained utilities including, but not limited to, gas, water, electricity, or liquid waste 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  disposal  all times while it is located int the City  Ifa "food dispensing vehicle" does not meet the above requirements, it is considered ai food trailer, which is not allowable unless it has been continually operated prior to January 11, 2022, and holds a local Ine essence, food trucks are classified accordingly when they are an independently movable vehicle, such as one with an incorporated motor, and meet the other requirements noted above. They can only be located within Mexico Beach when: 1) they have written approval from the property owner, and; 2) they have as state license to operate. Another: allowance is when they are operated within the Recreation zoning district on publicly-owned property and have written permission from the appropriate government  business tax receipt  agency. Food trucks shall also:  Meet all setback requirements or be at least 101 feet from all property lines, whichever is greater. "Food Trucks shall be considered an accessory structure for the purposes of determining Be required to immediately comply with any request by law enforcement and/or code Provide trash and recyclable receptacles and, at a minimum, emptied daily. All trash is to be  setbacks."  enforcement officers relating to safety removed from the site daily.  Obtain al local business tax receipt from the City.  There are two separate types of non-permanent food vending establishments as regulated by the state: A mobile food establishment is essentially defined as "the use of selling foods, other than fresh fruits and vegetables, from trucks, trailers or similar self-propelled conveyances, or non-fixed    structures such as tables, booths, or kiosks." (Source: Department of Agriculture and Consumer Amobile food dispensing vehicle (MFDV) is regulated by the Florida Department of Business and Professional Regulation. This type of use is "fully able to drive from place to place throughout the state. The menu items are limited to what the equipment on the vehicle can prepare" (Source: Department of Business and Professional Regulation). MFDV license holders can offer catering As self-sufficient MFDV can perform all food activities inside the vehicle, like storing food, Licensees are required to pass a sanitation and safety inspection prior to opening. Once licensed, operators must meet and maintain all applicable standards of a public food service establishment as provided in rule, code, and Florida statute. Only hot dog carts and mobile food dispensing vehicles are licensed by the Department of Basic requirements to be classified as a MFDV are that the vehicle must have a VIN#, and be a  Services).  services and may operate a 1-3 day temporary event. preparing food, and dishwashing.  Business and Professional Regulation. mobile (movable) vehicle. It also must: Have a solid sliding service window. Have a separate hand sink.  Have protection from the elements (walls, ceiling, floor). Have dishwashing capacity (a three compartment sink). Have equipment to keep food at safe temperatures. Have power to keep the equipment running.  Have a plumbing system that allows yout to wash dishes and hands while operating. Have either a commercial water/sewer location or a "commissary".  Florida Statutes do not differentiate between a "truck" and a "trailer".  Analysis  The intent of this section is not clear. The section attempts to differentiate between a "trailer" and a Section 2.02.08 Part B defines a "food truck" as the statutes do, as a Mobile Food Dispensing Vehicle Part A of the same section attempts to differentiate at food trailer, but does sO by defining ai food trailer as al list of criteria which it is not. It also includes an exemption that captures all food trucks in place for less than 72 hours as part of a festival. The description, exemption location, and overall organization are In order to clarify Section 2.02.08, it is recommended that the Section be renamed with a header that better identifies the subject matter, such as "Mobile Food Dispensing Vehicles" and the Section be revised  "truck", where Florida Statutes and state regulatory departments do not.  (MFDV).  difficult to interpret consistently for fair implementation of the regulation.    to provide a clear and concise definition of what constitutes a food truck and/or trailer. Iti is recommended With these revisions, the City can consider creating location criteria, further regulation of the use, and accessory uses and structures that are allowable on-site with food trucks and/or trailers.  that Florida Statutes be used as the source definition.    509.102 Mobile food dispensing vehicles; temporary commercial kitchens; (1)(a) 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 (b) As used in this section, the term temporary commercial kitchen" means any kitchen that is a public food service establishment used for the preparation of takeout or delivery- only meals housed in portable structures that are movable from place to place by a tow or are self-propelled or otherwise axle-mounted, that include self-contained utilities, including, but not limited to, gas, water, electricity, or liquid waste disposal. Such kitchens are subject to all provisions of this chapter except as may be provided herein. The term does not (2)(a) 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.5 509.251, as a condition for the operation of a mobile food dispensing vehicle or temporary commercial kitchen within the entity's jurisdiction. 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 (b) 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 (3)(a) At temporary commercial kitchen may be used in conjunction with a permanent food service establishment licensed under this chapter for the purpose of supplementing the kitchen operations of the licensed permanent food service establishment. A temporary 1. On the premises of the licensed permanent food service establishment for 60 consecutive days. Upon request of the operator of a temporary commercial kitchen, the division may grant one extension of up to 60 additional consecutive days.  preemption.-  to, gas, water, electricity, or liquid waste disposal.  include at tent.  jurisdiction.  temporary commercial kitchen.  commercial kitchen may operate int this capacity as follows:    2. During a period of renovation, repair, or rebuilding, on the premises of the licensed permanent food service establishment or off the premises within the line of sight of, and not to exceed 1,3201 feet from, the licensed permanent food service establishment for 120 consecutive days. The division may exercise discretion to grant an additional extension of time upon a reasonable and reliable demonstration by the licensed permanent food service establishment that additional time is needed to complete the renovation, repair, or (b) Ifap permanent food service establishment licensed under this chapter, or the land upon which that establishment is sited, is rendered uninhabitable due to a natural disaster that is the subject of a declared state of emergency, at temporary commercial kitchen may operate on the premises of, or as near as reasonably practicable to, the location of the licensed permanent food service establishment. Atemporary commercial kitchen may operate in this capacity only during the period of repair and rebuilding of the permanent establishment with which it is associated. The operators of at temporary commercial kitchen operating in this capacity must notify the division of the kitchen's location and renew the (c) Except as authorized under paragraphs (a) and (b), a temporary commercial kitchen may not operate in one location for longer than 30 consecutive days. The operators sofa temporary commercial kitchen must notify the division within 48 hours after commencing (4) This section may not be construed to affect a municipality, county, or other local governmental entity'sauthority to regulate the operation of mobile food dispensing vehicles or temporary commercial kitchens other than the regulations described in (5) This section does not apply to any port authority, aviation authority, airport, or  rebuilding.  notification every 90 days for the duration of its operation.  operation in a location.  subsection (2). seaport.  History.-s. 75, ch. 2020-160; S. 2, ch. 2023-48.  Copyright O 1995-2024 The Florida Legislature . Privacy Statement