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ALLOWING AND REGULATING FOOD TRUCKS IN CERTAIN ZONING DISTRICTS (B)
Ordinance No. 140190, Petition PB-14-165 TCH
An ordinance of the City of Gainesville, Florida, amending the Code of Ordinances to allow and provide regulations for food trucks as a temporary use on private property; by amending Section 2-339 to provide civil citation penalties for vending booths and food trucks; by amending Chapter 19, Article IV - Vending Booths and Itinerant Vendors to delete provisions regarding Itinerant Food Vendors; by amending the definition of Food Truck in Section 30-23; by amending the permitted uses in the following zoning districts to add Food Trucks as a permitted use by right: Office Residential District (OR), General Office District (OF), General Business District (BUS), Automotive-oriented Business District (BA), Tourist-oriented Business District (BT), Mixed Use Low Intensity District (MU-1), Mixed Use Medium Intensity District (MU-2), Urban Mixed-Use District 1 (UMU-1), Urban Mixed-Use District 2 (UMU-2), Central City District (CCD), Business Industrial District (BI), Warehousing and Wholesaling District (W), Limited Industrial District (I-1), General Industrial District (I-2), Public Services and Operations District (PS), Airport Facility District (AF), and Corporate Park District (CP); by amending Section 30-125 to provide regulations for food trucks; by amending Appendix A - Schedule of Fees, Rates and Charges to provide a permit fee for food truck special events; providing directions to the codifier; providing a severability clause; providing a repealing clause; and providing an immediate effective date.
recommendation
The City Commission adopt the proposed ordinance.
explanation
PLANNING AND DEVELOPMENT SERVICES DEPARTMENT STAFF REPORT
This ordinance will amend the Code of Ordinances to allow and provide regulations for food trucks as a temporary use on private property in certain zoning districts. This ordinance eliminates from the Code of Ordinances the concept of "itinerant food vendors" and carries forward any relevant allowances in the regulation of food trucks, which per this ordinance will be allowed by right in all zoning districts that currently allow either eating places (i.e., restaurants) or alcoholic beverage establishments. In such zoning districts, this ordinance will allow one food truck per one-half (0.5) acre of private property or fraction thereof. This ordinance also provides certain operating criteria, including operating hours and a 50-ft buffer from any neighboring eating places.
On August 7, 2014, the City Commission adopted Ordinance No. 130319 to allow monthly special events to operate food trucks within the Central City District (CCD). During that process, staff received many requests from the public to address the operation of food trucks in a more comprehensive manner. The Community Development Committee discussed the issue and based on its recommendation, the City Commission on October 2, 2014, directed staff to initiate this petition/ordinance. In late 2014, City staff held multiple stakeholder meetings and incorporated feedback regarding this ordinance. Subsequently, the City Plan Board on February 26, 2015, held a public hearing and voted to recommend approval of this ordinance.
CITY ATTORNEY MEMORANDUM
This ordinance requires two hearings and shall become effective immediately upon adoption at second reading.