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: February 25, 2026
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
At its regular meeting of January 13, 2026, the Board of County Commissioners (BCC) considered a draft food trucks ordinance and directed staff to make several changes before returning to the BCC for final adoption. Also, through coordination with the County Attorney’s Office, two additional changes are proposed in this version of the food trucks ordinance. Those changes are summarized below, and no other changes have been made to the ordinance as presented.
The first change to the previous draft was to add the CG, Commercial General zoning district to the location and zoning standards, and to caveat that food trucks within the CG zoning district must locate on a principal site that is three acres or larger in size. The purpose of the three-acre site size requirement was to ensure that food trucks are only allowed on CG-zoned sites that are large enough to handle additional vehicular traffic generated by the food truck(s). The second change was to completely remove the hours of operation limitations. Because the hours of operations limitations were completely removed, the duration requirements were also changed. Instead of requiring food trucks to be removed from each site by 10:30 PM, the duration requirements simply require food trucks to be removed from each site on a daily basis. The last change was to allow one (maximum) 10-foot-long table and one (maximum) 10-foot by 10-foot tent for each food truck.
In addition to the above-referenced changes, the County Attorney’s Office recommended that several whereas clauses be included in order to clarify the legislative intent of the ordinance. Lastly, the definition section was amended to clarify the reference to Section 509.102, Florida Statutes, and to add the words “or as amended” in case the definition is modified by the State in the future.
BUDGETARY IMPACT
This ordinance will have no budgetary impact because there are no new or additional County charges or fees.
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 updated the proposed ordinance to become effective 90 days after adoption by the BCC. Finally, at its regular meeting of January 13, 2026, the BCC considered the draft food trucks ordinance and directed staff to make several changes before returning to the BCC for final adoption.
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 adopt the proposed food trucks ordinance.