TO: Indian River County Board of County Commissioners
THROUGH: John A. Titkanich Jr., County Administrator
FROM: Brandon C. Creagan, LEED Green Associate; Chief, Current Development
DATE: December 22, 2025
SUBJECT: Consideration of Staff-Initiated Land Development Regulation (LDR) Amendments to Create Allowances and Regulations for Mobile Food Dispensing Vehicles (Food Trucks) (Legislative)
BACKGROUND
Since the early 1990’s, Mobile Food Dispensing Vehicles (or food trucks) in Unincorporated Indian River County have generally been limited to special events and certain specific areas of the County (such as the Gifford Farmers Market area which was created in 2016).
Over the past few years, food trucks have become more popular and common throughout the state and country. Also, in 2020 and 2023, the State of Florida adopted certain statutes that preempt local governments from imposing their own licensing or fees; however, local governments may regulate food trucks with respect to location (zoning), hours of operation, site compatibility, and aesthetic standards. Therefore, staff has prepared a set of LDR amendments in order to create clearer allowances and regulations for food trucks.
ANALYSIS
The proposed set of LDR amendments are consistent with concepts that were presented to the Board of County Commissioners (BCC) at their July 15, 2025 meeting, and are consistent with Section 509.102, Florida Statutes (FS). In summary, the first LDR amendment creates a formal definition for mobile food dispensing vehicles (food trucks), and that definition is a verbatim definition of the one provided in Section 509.102, FS.
The second LDR amendment creates a new subsection within Section 911.15, General provisions. Subsection (a) Purpose and intent, restates the definition and statutory reference. Subsection (b) Applicability, confirms that the proposed regulations are applicable to food trucks within Unincorporated Indian River County. Subsection (c) State preemption and compliance, restates the various state preemption requirements outlined Section 509.102, FS.
The largest subsection, (d) Operational standards, outlines the various standards and requirements that will be applicable to food trucks (if adopted, or as amended). This subsection includes location and zoning, placement, hours of operation, duration, waste management, utilities, parking and access, signage, furniture, and vendor credentials. Of particular note is the proposal to allow food trucks within the CH, Heavy Commercial; IL, Light Industrial; IG, General Industrial; and PD, Commercial PD zoning districts. For reference, staff has provided zoning maps for the northern, central, and southern portions of the County (see attachments 1 - 3). Also, the proposed hours of operation are 7:00 a.m. to 9:00 p.m., food trucks must be removed daily from the premises by no later than 10:30 p.m. (i.e. no overnight stays), and all utilities connections must be self-contained (i.e. no direct hook-ups to electric, water, or sewer). Most of these requirements are not applicable to approved special events.
Subsection (e) Property owner consent, requires that food trucks obtain written consent of the property owner or authorized agent, and to maintain proof of consent on site. Subsection (f) Special events and coordination, confirms that food trucks operating as part of permitted special event must comply with event-specific conditions imposed by the County and applicable fire, law enforcement, and emergency management agencies. Lastly, subsection (g) Enforcement, provides for applicable enforcement measures per adopted Indian River County code enforcement procedures and Section 162.21, FS.
PREVIOUS BOARD ACTIONS
At its regular meeting of July 15, 2025, the BCC directed staff to prepare a set of staff-initiated land development regulation (LDR) amendments in order to create clearer allowances and regulations for mobile food dispensing vehicles (food trucks) within the unincorporated portion of the County.
At their regular meeting of December 11, 2025, the Planning and Zoning Commission (PZC) voted 6-0 to recommend that the BCC adopt the proposed ordinance. During the PZC’s consideration of the ordinance, it was discussed that the ordinance should include a “grace period” before taking full effect. Therefore, staff has updated the proposed ordinance to become effective 90 days after adoption by the BCC.
POTENTIAL FUTURE BOARD ACTIONS
The BCC may recommend or consider additional revisions to the proposed food trucks ordinance in the future.
STAFF RECOMMENDATION
Staff recommends that the Board of County Commissioners review and discuss the draft proposed food trucks ordinance, solicit comments and feedback from the public, and provide staff direction for final ordinance drafting.