Boca Raton council adopts ordinance allowing food trucks in select zoning districts, directs quick follow-up review

Boca Raton’s City Council voted unanimously on Sept. 22, 2020 to adopt Ordinance 55-40, which removes the city’s prohibition on operating mobile food-dispensing vehicles near schools and expressly allows food trucks as accessory uses in specified zoning districts (W1, IGS1, M1, M2 and M3).

Brandon Shai, the city’s Development Services director, told the council the ordinance responds to a new state law that limits municipal regulation of mobile food dispensing vehicles and prevents a citywide ban. "This ordinance deletes a prohibition on operating food service vehicles near schools on school days and defines where food trucks shall be an allowed accessory use," Shai said during the staff presentation.

The Planning & Zoning Board had recommended 7-0 on Sept. 17 that the council not adopt the ordinance, citing concerns about impacts to neighborhood ice cream trucks and informal small events such as house birthday parties. Several council members echoed concerns in the meeting’s debate about where the city would permit trucks to operate.

Deputy Mayor Andrea Levine O'Rourke said she supported adopting the ordinance as a baseline but asked staff to return quickly with follow-up changes. "I would be willing to have that conversation and see what that looks like," she said.

Councilmember Andy Thompson pressed for more flexibility for residential and small-event uses and questioned prohibitions on parking in rights-of-way. "I don't wanna be the city that's seen as outlawing ice cream trucks," Thompson said, adding he worried the proposal was "a little bit too far" as written.

City Attorney Diana Grubb Frieser briefed the council on the state law’s effect, saying the preemption covers licenses, registrations, permits and fees for mobile food dispensing vehicles and bars a municipal prohibition across an entire jurisdiction. Frieser recommended adopting a limited ordinance now and returning with refinements. "I would encourage you to move forward with this ordinance because you can always expand," she said.

After debate the council closed the public hearing (no members of the public registered to speak), adopted the ordinance by roll call vote 4-0 and directed staff to prepare a follow-up ordinance and workshop discussion on carve-outs and other refinements. Staff estimated a revised ordinance could return for first reading as early as the council’s November meeting cycle, subject to advertising and workshop scheduling.

The ordinance specifies operational limits for accessory uses, including prohibitions on operating in required setbacks, required landscaped areas, required parking spaces and in rights-of-way.