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0716 Establishing LDRs• ORDINANCE NO. 716 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, ESTABLISHING LAND DEVELOPMENT REGULATIONS (LDR'S) PURSUANT TO THE PROVISIONS OF FLORIDA STATUTES CHAPTER 163.3202, WHICH ORDINANCE PROVIDES FOR: GENERAL PROVISIONS; CONSTRUCTION DESIGN AND IMPROVEMENT REGULATIONS; ADMINISTRATIVE BOARDS AND AGENCIES, WITH THE ESTABLISHMENT AND DESIGNATION OF AUTHORITY FOR ADMINISTRATIVE RESPONSIBILITY FOR THE LDR'S, ESTABLISHES A TECHNICAL REVIEW COMMITTEE, CITIZEN BOARDS, PLANNING BOARD, BOARD OF ADJUSTMENT, DESIGN AND REVIEW BOARD AND CODE ENFORCEMENT BOARD; ADMINISTRATIVE PROCEDURES AND REQUIREMENTS WHICH ESTABLISHES PROCEDURES AND CONDITIONS FOR PERMIT APPLICATION AND ISSUANCE, TOGETHER WITH FEES AND COSTS, LANDOWNER REMEDIES, AND PUBLIC HEARING PROCESS; APPEAL, SPECIAL EXCEPTION USE, VARIANCE, WHICH ESTABLISHES PROCEDURES FOR THE APPLICATION FOR, AND GRANTING OF, SPECIAL EXCEPTIONS AND VARIANCES, WITH AN APPEAL PROCESS; CONCURRENCY REGULATIONS, WHICH SETS FORTH AND ESTABLISHES A CONCURRENCY MANAGEMENT SYSTEM, WHICH INCLUDES DETERMINATION OF LEVELS OF SERVICE AND PUBLIC FACILITY ANALYSIS AND MONITORING; ZONING DISTRICT REGULATIONS AND ZONING MAP, WHICH ESTABLISHES ZONING DISTRICTS AND MAPS, WITH DESIGNATION OF DENSITIES, AND CREATES ZONING DISTRICTS OF RESIDENTIAL SINGLE FAMILY ONE DISTRICT (RSF 1); RESIDENTIAL SINGLE FAMILY TWO DISTRICT (RSF 2); RESIDENTIAL MOBILE HOME DISTRICT (RMH RESIDENTIAL MULTIPLE FAMILY DISTRICT (RMF); COMMERCIAL PROFESSIONAL AND OFFICE DISTRICT (CPO); LIGHT COMMERCIAL DISTRICT (CLT); HEAVY COMMERCIAL DISTRICT (CHV); CENTRAL BUSINESS DISTRICT (CBD); INDUSTRIAL DISTRICT (IND); PUBLIC USE DISTRICT (PUB); AND PLANNED UNIT DEVELOPMENT DISTRICT (PUD); WHICH FURTHER SETS FORTH PARKING AND LOADING REGULATIONS WITH DESIGN REGULATIONS; LANDSCAPE REGULATIONS, WHICH CREATES LANDSCAPE DESIGN AND PLANS, WITH REQUIRED AND PROHIBITED PLANTS OR SHRUBBERY; SIGN REGULATIONS WHICH ESTABLISHES SIGN PERMIT PROCESS, MAINTENANCE, REMOVAL AND SIZE RESTRICTIONS IN EACH DISTRICT; SUPPLEMENTARY REGULATIONS, TO ESTABLISH MEASUREMENT CRITERIA FOR USES, SETBACKS, YARDS, HEIGHTS, AS WELL AS RESTRICTIONS ON POOLS, OUTDOOR STORAGE AND HURRICANE SHELTERS; ACCESSORY USE REGULATIONS FOR MISCELLANEOUS ACCESSORY USES SUCH AS HOME OCCUPATIONS, ANTENNAS, UTILITY STRUCTURES, FENCES, DOCKS, SEAWALL, FLAGPOLE AND RECREATIONAL COURTS; TEMPORARY STRUCTURE REGULATIONS; WITH TEMPORARY USE PERMITS; SPECIAL EXCEPTION USE REGULATIONS, WHICH ESTABLISHES PROCEDURES FOR APPLICATION AND GRANTING THEREOF, WITH DESIGNATION OF TYPES OF SPECIAL EXCEPTION USES PERMITTED; NONCONFORMING USE REGULATIONS, WHICH DEFINES NONCONFORMING USES, THEIR CONTINUATION, DISCONTINUANCE, EXPANSION AND REPAIR; CLUSTER DEVELOPMENT REGULATIONS, NATURAL RESOURCE PROTECTION REGULATIONS, WHICH DEFINES ENVIRONMENTALLY SENSITIVE LANDS AND GROUNDWATER AND WELLHEAD PROTECTION, WITH RESTRICTIONS THEREON; FLOOD HAZARD ZONE REGULATIONS, WHICH DEFINES AND REGULATES FLOOD ZONE PROPERTIES, STRUCTURES, SUBDIVISIONS AND CONSTRUCTION METHODS; DEVELOPMENT REGULATIONS STANDARDS, WHICH SETS MINIMUM DEVELOPMENT STANDARDS AND STANDARDS FOR INFILL DEVELOPMENT; STREET SYSTEM REGULATIONS, WHICH DEFINES SUCH REGULATIONS AND SETS FORTH DESIGN STANDARDS FOR STREETS, RIGHTS OF WAY, VEHICULAR ACCESS AND SIDEWALKS; UTILITY Page 1 of 3 REGULATIONS, WHICH REQUIRES UTILITY SERVICES IN ALL DEVELOPMENT WITH DESIGN STANDARDS THEREFORE; STORMWATER MANAGEMENT REGULATIONS, WITH MINIMUM MANAGEMENT REQUIREMENTS AND EXEMPTIONS THERETO; DEFINITIONS, WHICH SETS FORTH AND DEFINES CERTAIN TERMS AND PHRASES CONTAINED IN THE ORDINANCE; PROVIDES FOR THE ADOPTION OF APPENDICES AND FORMS AND SCHEDULES AS NECESSARY FOR IMPLEMENTATION OF THE ORDINANCE TO BE ADOPTED BY RESOLUTION FROM TIME TO TIME BY THE CITY; PROVIDING FOR REPEAL OF PROVISIONS AND CONFLICTS HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 163 Florida Statutes requires local governments to adopt land development regulations which are consistent with adopted Comprehensive Growth Management Plans (Comprehensive Plan) WHEREAS, the City of Okeechobee has adopted a Comprehensive Growth Management Plan, and desires to adopt land development regulations as required by said statute; WHEREAS, the Land Planning Agency for the City of Okeechobee, Florida has determined that the land development regulations to be adopted herein are consistent with the goals, objectives and policies set out in the Comprehensive Growth Management Plan heretofore adopted by the City; WHEREAS, the land development regulations adopted by this ordinance are attached and incorporated herein by reference as if fully set forth herein; WHEREAS, the land development regulations adopted by this ordinance replace all existing zoning and land use ordinances, and fulfill the Chapter 163 requirements to adopt local land development regulations consistent with implementing the City of Okeechobee Comprehensive Growth Management Plan; NOW THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida at regular meeting, as follows: Section 1: Section 2: Section 3: Section 4: Section 5: The existing zoning regulations and ordinance adopted heretofore by the City of by Ordinance No. 402 and No. 699 is rescinded and repealed in its entirety. The attached document titled CITY OF OKEECHOBEE FLORIDA UNIFIED LAND DEVELOPMENT CODE Volume I Administration and Zoning Regulations, Sections 100 through Sections 990 (hereafter referred to as the LDR's) is hereby made a part of this ordinance and adopted in its entirety by reference, and incorporated herein. Severability clause: should any provision or section of this ordinance or the regulations adopted by reference and attached to this ordinance be held by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of this ordinance or the regulations as a whole, or any part thereof, other than the specific part so declared to be unconstitutional or invalid. All other ordinances or parts of ordinances in conflict herewith or the regulations adopted by reference are hereby repealed. The ordinance shall take effect upon second and final reading by the City Council on the 22 day of September, 1998. Page 2 of 3 INTRODUCED at first public hearing for first reading and set for final public hearing this 1st day of September, 1998 James E. Kirk, Mayor PASSED and ADOPTED on second and final public hearing this 6th day of October , 1998 APPROVED FOR LEGAL,,, SUFFICIENCY: John R. Cook, City Attorney Page 3 of 3 Jame E. Kirk, Mayor N..°11"1M71<ilit 4.4 cu/ect eueloptym vd/ °51"rapwud 6'f ePw ceiiizen, Mduisob y ceo,vurcitde& tow& ganci v cRoAvit 964 wells Stev& c /06 on' 9.L iLeIwily/GK/J.U;U2eCV id I KZ Waded/ (9?Mi) 96434/viv 93v/ Vte/ ce wndit ceitti4cieeediago, 'No/taw cectaPev 6, X99 8 CITY OF OKEECHOBEE • FLORIDA LAND DEVELOPMENT REGULATIONS Volume One ADMINISTRATION AND ZONING REGULATIONS PAGE SECTION CONTENTS 1 100 GENERAL PROVISIONS 4 130 CONSTRUCTION DESIGN AND IMPROVEMENT REGULATIONS 6 150 ADMINISTRATIVE BOARDS AND AGENCIES 13 200 ADMINISTRATIVE PROCEDURES AND REQUIREMENTS 23 250 APPEAL, SPECIAL EXCEPTION USE, VARIANCE 27 270 CONCURRENCY REGULATIONS 30 300 ZONING DISTRICT REGULATIONS AND ZONING MAP 32 320 ZONING DISTRICT REGULATIONS 55 430 PLANNED UNIT DEVELOPMENT 58 450 PARKING AND LOADING REGULATIONS 64 500 LANDSCAPE REGULATIONS 67 550 SIGN REGULATIONS 73 580 COMMUNICATION TOWERS & COMMUNICATION ANTENNAS 80 600 SUPPLEMENTARY REGULATIONS 82 650 ACCESSORY USE REGULATIONS 85 680 TEMPORARY STRUCTURE REGULATIONS 86 700 SPECIAL EXCEPTION USE REGULATIONS 90 750 NONCONFORMING USE REGULATIONS 94 790 CLUSTER DEVELOPMENT REGULATIONS 95 800 NATURAL RESOURCE PROTECTION REGULATIONS 97 820 FLOOD HAZARD ZONE REGULATIONS 99 850 DEVELOPMENT REGULATIONS AND STANDARDS 100 870 STREET SYSTEM REGULATIONS 103 900 UTILITY REGULATIONS 104 920 STORMWATER MANAGEMENT REGULATIONS 105 990 DEFINITIONS CITY OF OKEECHOBEE • FLORIDA LAND DEVELOPMENT REGULATIONS Volume One Administration and Zoning Regulations PAGE SECTION CONTENTS 1 100 GENERAL PROVISIONS 1 101 Title 1 102 Authority 1 103 Relationship of LDR's to Comprehensive Plan 1 104 Intent and Purpose 2 105 Application of Regulations 3 106 Minimum Requirements 3 107 Abrogation 3 108 Rules of Interpretation 4 130 CONSTRUCTION DESIGN AND IMPROVEMENT REGULATIONS 4 131 Codes and Standards Incorporated by Reference 4 132 Standards Incorporated as Guidelines 6 150 ADMINISTRATIVE BOARDS AND AGENCIES 6 151 City Council 6 152 Administrative Responsibility for Land Development Regulations 7 153 General Services Department 7 154 Technical Review Committee 7 155 Citizen Boards 8 156 Citizen Board Officers and Rules of Procedure 9 157 Planning Board 10 158 Board of Adjustment 10 159 Code Enforcement Board 11 160 Design Review Board 13 200 ADMINISTRATIVE PROCEDURES AND REQUIREMENTS 13 201 Administration and Enforcement 13 202 Application and Petition Procedures Requirements 14 203 Permit Required 14 204 Erroneously Issued Permit 14 205 Complaint of Violation 15 206 Penalties for Violation 15 207 Penalties for Transferring Lot in Unrecorded Subdivision 15 208 Other Legal Remedies 16 209 Private Property Rights Protection Claim 16 210 Land Use or Environmental Dispute Appeal 16 211 Fees and Charges 16 212 Exceptions to Fees and Charges Schedule 17 213 Submission of Application or Petition 17 214 Application or Petition Amendment or Withdrawal 17 215 Status of a Planning Board Recommendation 17 216 Processing Application or Petition 18 217 Notice of Public Hearing Required 18 218 Public Notice 19 219 Public Hearing 19 220 ;Application for Hearing 19 221 Noncompliance with Conditions 19 222 Findings Required for Granting Petitions 20 223 Conditions of Approval 20 224 Development Agreement 20 225 Unity of Title 20 226 Property Owner's Association 21 227 Deed Restrictions and Property Owner's Agreements 21 228 Surety Bonds 21 229 Underground Utilities 22 230 Effective Time Limit on Approvals 23 250 APPEAL, SPECIAL EXCEPTION USE, VARIANCE 23 251 Appeal of an Administrative Decision to Board of Adjustment 23 252 Procedure for Obtaining a Special Exception Use or a Variance 24 253 Special Exception Use by Board of Adjustment 25 254 Variance by Board of Adjustment 26 255 Appeal from a Board of Adjustment Decision 26 256 Appeal from a City Council Decision 27 270 CONCURRENCY REGULATIONS 27 271 Concurrency Management System 27 272 Exemptions from Concurrency Requirements 27 273 Responsibility for Concurrency Management System 28 274 Determination of Public Facilities Capacity Available 28 275 Public Facility Level of Service Standards (LOS) 28 276 Public Facility Monitoring Program 28 277 Required Public Facility Impact Analysis 29 278 Concurrency Assessment for Adequacy of Public Facilities 29 279 Concurrency Rights Reservation at Final Approval 30 300 ZONING DISTRICT REGULATIONS AND ZONING MAP 30 301 Zoning Districts Established 30 302 Zoning Map Established 30 303 Interpretation of Zoning District Boundaries 30 304 Zoning of Annexed Land 31 305 Maximum Residential Dwelling Unit Densities 31 306 Maximum Affordable Housing Dwelling Unit Densities 31 307 Maximum Redevelopment Area Dwelling Unit Densities 32 320 RSF 1 • RESIDENTIAL SINGLE FAMILY ONE DISTRICT 34 330 RSF 2 • RESIDENTIAL SINGLE FAMILY TWO DISTRICT 36 340 RMH • RESIDENTIAL MOBILE HOME DISTRICT 38 350 RMF • RESIDENTIAL MULTIPLE FAMILY DISTRICT 41 360 CPO • COMMERCIAL PROFESSIONAL AND OFFICE DISTRICT 43 370 CLT • LIGHT COMMERCIAL DISTRICT 45 380 CHV • HEAVY COMMERCIAL DISTRICT 48 390 CBD • CENTRAL BUSINESS DISTRICT 50 400 IND • INDUSTRIAL DISTRICT 53 410 IPUB • PUBLIC USE DISTRICT 55 430 PUD • PLANNED UNIT DEVELOPMENT DISTRICT 58 450 PARKING AND LOADING REGULATIONS 58 451 Computation of Required Off- Street Parking and Loading Spaces 58 452 Modification of Parking and Loading Space Requirements 59 453 Reduction of Paved Parking Space Requirements 59 454 "Reduction of Parking Spaces Requirements in Commercial Districts 60 460 Design Regulations for Off- Street Parking and Loading Areas 60 461 Parking and Loading Space Location 60 462 Parking Space Size 60 463 Loading Space Size 60 464 Parking Access Driveway Width 60 465 Parking and Loading Space Layout 61 470 Off- Street Parking Space Regulations 61 471 Residential Uses 61 472 Commercial Uses 61 473 Entertainment and Recreation Uses 61 474 Institutional Uses 61 475 Industrial Uses 62 476 Use Not Specifically Listed 63 480 Off - Street Loading Space Regulations 63 481 Residential Uses 63 482 Commercial and Industrial Uses 63 483 Entertainment and Recreation Uses 63 484 Institutional and Other Specific Uses 63 485 Use Not Specifically Listed 64 500 LANDSCAPE REGULATIONS 64 501 Residential Tree Planting Landscape Regulations 64 502 Non - Residential Tree and Shrub Planting Landscape Regulations 64 503 Non - Residential Parking Area Planting Landscape Regulations 64 504 Non - Residential Landscape Buffer Planting Regulations 65 505 Landscape Planting in Dry Retention Areas 65 506 Protection of Native Vegetative Communities 65 510 Landscape Design and Plan 65 511 Alternative Landscape Design and Plan 65 512 Native Drought Tolerant Plant Material Requirements 66 513 Landscaping Maintenance 66 514 Prohibited Plants 66 515 Utility Corridor Requirements 67 550 SIGN REGULATIONS 67 551 Permit and Plan Required 67 552 Prohibited Signs 67 555 Signs Not Requiring Permit 67 556 Signs in Any Location 67 557 Signs On Premises 68 558 Temporary Signs On Premises 69 560 Computing Sign Area 69 565 Sign Safety 69 566 Sign Maintenance 69 567 Removal of Signs 70 570 Signs in Single Family and Multiple Family Residential Districts 70 571 Signs in Multiple Family Residential Districts 70 572 Signs in Mobile Home Park or Mobile Home Districts 70 573 Signs in Professional and Office Districts 71 574 Signs in Commercial and Industrial Districts 71 575 Signs in Public Use Districts 71 576 Signs for Uses Permitted by Special Exception 71 577 Slgns Requiring Temporary Use Permit Use Permit 72 578 Off - Premises Signs 73 580 COMMUNICATION TOWERS and COMMUNICATION ANTENNAS 73 581 Applicability 73 582 Permitted Uses 74 583 Performance and Construction Standards 79 584 Communication Antennas 80 600 SUPPLEMENTARY REGULATIONS 80 601 Conflict with Other Applicable Coverage 80 602 Calculation of Building Coverage 80 603 Measurement Between Uses 80 604 Minimum Street Frontage 80 605 Required Area or Yards 80 606 Yards on Corner Lots 80 607 Obstructions in Required Yard 80 608 Yards Required for Accessory Uses in Residential Districts 81 609 More than One Principal Building on a Lot 81 610 Building Setbacks from Water Bodies 81 611 Swimming Pool 81 612 Exclusions from Height Limits 81 613 Outdoor Storage Uses in Non - Residential Districts 81 614 Hurricane Shelter 82 650 ACCESSORY USE REGULATIONS 82 651 Regulations Applying to All Accessory Uses and Structures 82 652 Home Occupation 82 653 Accessory Apartment, Pool House and Servant's Quarters 83 654 Amenities 83 655 Antenna 83 656 Antenna for Single Family and Duplex Dwellings 83 657 Storage, Garage, Carport, Greenhouse, Gazebo and Utility Structure 84 658 Wall, Fence 84 659 Boat Dock, Pier 84 660 Seawall, Riprap 84 661 Tennis, Basketball, Racquetball and Similar Court Facilities 84 662 Flagpole 85 680 TEMPORARY STRUCTURE REGULATIONS 85 681 Temporary Structures by Temporary Permit 86 700 SPECIAL EXCEPTION USE REGULATIONS 86 701 Auto Service Station 86 702 Community Center 86 703 Day Care Center 87 704 Adult Family Care Homes or Assisted Living Facilities 87 705 House of Worship 87 706 Nursing Home 88 707 Private Club, Night Club 88 708 Public Utility 88 709 Recreational Vehicle Park Lot 89 710 Salvage Yard 90 750 NONCONFORMING USE REGULATIONS 90 751 Development of Nonconforming Lot 90 752 Completion of Nonconforming Project 90 753 Continuation of Nonconforming Use and Structure 91 754 Change of Nonconforming Use 91 755 Discontinuance of Nonconforming Use 91 756 Discontinued Use of Nonconforming Structure 91 757 Expansion of Nonconforming Use 92 758 Extension of Nonconforming Structure 92 759 Repair of Nonconforming Structure or Use 93 760 Nonconforming Signs 94 790 CLUSTER DEVELOPMENT REGULATIONS 94 791 Cluster Development 95 800 NATURAL RESOURCE PROTECTION REGULATIONS 95 801 Environmentally Sensitive Land Protection 95 802 Groundwater and Wellhead Protection 95 803 Maximum Impervious Coverage 97 820 97 821 97 822 97 823 97 824 97 825 98 826 99 850 99 851 99 852 100 870 100 871 100 872 100 873 101 874 101 875 102 876 103 900 103 901 103 902 104 920 104 921 104 922 105 990 APPENDIX A - APPENDIX B - APPENDIX C APPENDIX D FLOOD HAZARD ZONE REGULATIONS Regulatory Floodways Construction Methods and Materials Utilities and Service Facilities Storage of Materials and Equipment Structures Subdivisions DEVELOPMENT REGULATIONS AND STANDARDS Minimum Development Standards Standards for Residential Infill Development STREET SYSTEM REGULATIONS Rights -of -Way Vacation of Rights -of -Way Street Design Standards Vehicular Access Sidewalks and Pedestrian Access Alternative Street Design, Access and Sidewalk Standards UTILITY REGULATIONS Utilities Required for all Developments Utility Design Standards STORMWATER MANAGEMENT REGULATIONS Stormwater Management Requirements Exemptions DEFINITIONS Resolution No. 98 -09 Resolution No. 98 -10 - Resolution No. 98 -11 - Resolution No. 98 -12 CITY OF OKEECHOBEE • FLORIDA LAND DEVELOPMENT REGULATIONS ADMINISTRATION AND ZONING REGULATIONS 100 GENERAL PROVISIONS 101 TITLE This Code shall be entitled the "City or Okeechobee, Florida, Land Development Regulations, Administration and Zoning Regulations ", and is referred to herein as the "Land Development Regulations" or the "Regulations ". 102 AUTHORITY As authorized under the Local Government Comprehensive Planning and Land Development Regulation Act, Florida Statutes, Chapter 163, the City Council shall have the following powers and responsibility: 1 To plan for the future development and growth of the City. 2 To adopt and amend comprehensive plans to guide future development and growth. 3 To implement comprehensive plans by the adoption of appropriate Land Development Regulations. 4 To establish, support and maintain administrative instruments and procedures to carry out the provisions and purposes of the Act. 103 RELATIONSHIP OF LAND DEVELOPMENT REGULATIONS TO CITY COMPREHENSIVE PLAN 1 The Local Government Comprehensive Planning and Land Development Regulation Act requires the City to enact Land Development Regulations which implement and are consistent with the Comprehensive Plan. These Land Development Regulations meet this consistency requirement by providing Regulations which address each policy in the adopted Comprehensive Plan. 2 Nothing in these Regulations shall be construed to authorize development that is inconsistent with the Comprehensive Plan. 104 INTENT AND PURPOSE In conformity with the purposes of the Act, it is the intent of the City Council to enact Land Development Regulations that are consistent with and implement the City Comprehensive Plan. The Regulations and zoning districts herein set forth are made in accordance with the Comprehensive Plan for the general welfare of the community. 1 it is the purpose of these Regulations: 1 To regulate the development of land to encourage the most appropriate use of land, water and resources, consistent with the public interest. 2 To preserve, promote, protect and improve public health, safety, comfort, appearance, convenience, law enforcement and fire prevention, and general welfare. 3 To prevent the overcrowding of land and avoid undue concentration of population. 4 To facilitate the adequate and efficient provision of transportation, water, sewage, schools, parks, recreational facilities, housing and other services. 5 To conserve, develop, utilize and protect natural resources. 6 To aid the coordination of land development in accordance with orderly physical patterns. 7 To discourage haphazard, premature, uneconomic or scattered land development. 8 To ensure safe and convenient traffic control. 9 To encourage development of an economically stable and healthful community. 10 To ensure adequate and necessary utilities. 11 To prevent periodic flooding by providing protective flood control and drainage facilities. 12 To provide public open spaces for recreation. 13 To ensure land subdivision with installation of adequate necessary physical improvements. 14 To ensure that the citizens and taxpayers will not have to bear the costs resulting from haphazard subdivision of land, and the lack of authority to require installation by the developer of adequate and necessary physical improvements. 15 To ensure to the purchaser of land in a subdivision that necessary improvements of lasting quality have been installed. 16 To eliminate conflicting and excessive Regulations, and duplication of Regulations where other agencies have authority over aspects of land development. 105 APPLICATION OF REGULATIONS 1 General Applicability Except as specifically provided below, the provisions of these Regulations shall apply to all development in the City, and no development shall be undertaken without prior authorization. 2 2 Exception: Previously Issued Development Permits and Development Orders The provisions of these Regulations and amendments thereto shall not affect the validity of any lawfully authorized, issued and effective development permit or order if the development activity has been commenced prior to the effective date of these Regulations, or will be commenced after the effective date but within six months of issuance of the building permit; and the activity continues without interruption until the development is complete. If a development permit or order expires, further development shall occur only in conformance with the requirements of these Regulations. 106 MINIMUM REQUIREMENTS The provisions of these Land Development Regulations are the minimum requirements necessary to accomplish the intent and purpose of the Act to protect human, environmental, social and economic resources; and to maintain, through orderly growth and development, the character and stability of present and future land use and development in the City. 107 ABROGATION These Land Development Regulations are not intended to repeal or interfere with any easement, covenant or deed restriction recorded in the public records of the City or Okeechobee County. 108 RULES OF INTERPRETATION 1 Responsibility for Interpretation In the event that a question arises concerning the provisions of these Regulations, the Planning and Zoning Director /Building Official shall be responsible for interpretation and shall look to the Comprehensive Plan for guidance. Appeal from an interpretation of the Planning and Zoning Director /Building Official shall be made to the Board of Adjustment. 2 Delegation of Authority When a provision appears to require a City officer to perform some act, it is to be construed to authorize delegation to professional level subordinates to perform that act. 3 Computation of Time Time within which an act is to be done shall be computed by excluding the first and including the last day; if the last day is a Saturday, Sunday or legal holiday, that day shall be excluded. 3 130 CONSTRUCTION DESIGN AND IMPROVEMENT REGULATIONS 131 CODES AND STANDARDS INCORPORATED BY REFERENCE The latest edition of the following codes, standards and maps, complete with revisions and appendices, with the exception of fee schedules, are hereby adopted and incorporated into these Regulations by reference: 1 Southern Building Code Congress International a Standard Building Code b Standard Plumbing Code c Standard Mechanical Code d Standard Gas Code e Standard Housing Code f Standard Unsafe Building Abatement Code g Standard Existing Buildings Code h Standard Swimming Pool Code Standard Amusement Device Code 2 National Fire Protection Association a National Electrical Code b Standard Fire Prevention Code c Life Safety Code 3 Federal Emergency Management Agency a Flood Insurance Rate Maps, covering the City and the County 4 Florida Americans with Disabilities Accessibility Implementation Act a Florida Accessibility Code for Building Construction b Americans with Disabilities Act Accessibility Guidelines 132 STANDARDS INCORPORATED AS GUIDELINES The latest edition of the following standards, complete with revisions and appendices, with the exception of fee schedules, are hereby incorporated into these Regulations to be used as guidelines only. Transportation standards adopted by the City will supersede these guidelines: 1 Florida Department of Transportation a Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways b Roadway and Traffic Design Standards c Standard Structure Drawings d Drainage Manual (Volume 1 - 4) e Utility Accommodation Guide 4 2 American Association of State Highway and Transportation Officials a Policy on Geometric Design of Highways and Streets b Standard Specifications for Highway Bridges 3 Federal Highway Administration Manual on Uniform Traffic Control Devices 4 Institute of Transportation Engineers a Manual on Trip Generation Rates 5 150 ADMINISTRATIVE BOARDS AND AGENCIES 151 CITY COUNCIL 1 Establishment of Boards and Agencies In conformity with the purposes of the Local Government Comprehensive Planning and Land Development Regulation Act, City Council herein establishes the agencies and boards required under the Act. 2 Duties of the City Council under these Land Development Regulations Under these Land Use Regulations the City Council shall have the following duties: a To appoint members of the Planning Board, Board of Adjustment, Code Enforcement Board, Technical Review Committee, Design Review Board and other agencies required under the Act. b To appropriate funds for administrative salaries, fees and expenses necessary in the administration and enforcement of these Regulations. c To consider and adopt or reject proposed amendments to these Regulations. d To establish a schedule of fees and charges to administer these Regulations. 3 Procedural Requirements In considering and acting upon any matter required under these Regulations, the City Council shall follow regular voting and other requirements set forth in the City Charter, the General Law, the Local Government Comprehensive Planning and Land Development Regulation Act, the Private Property Rights and Protection Act, and the Land Use and Environmental Dispute Resolution Act. 4 Legislative Actions In consideration and acting upon changes in the text of these Land Development Regulations or the Official Zoning Map, and acceptance of land dedications, the City Council acts in its legislative capacity. 152 ADMINISTRATIVE RESPONSIBILITY FOR LAND DEVELOPMENT REGULATIONS 1 Establishment of Planning and Zoning DirectorlBuilding Official Position a An official entitled Planning and Zoning Director /Building Official shall be appointed by the City Council to administer and enforce these Regulations. b City Council hereby assigns primary responsibility for administration of these Regulations to the Planning and Zoning Director /Building Official, who shall be responsible for routine administrative functions, Comprehensive Plan, Land Development Regulations and Zoning matters. In performance of these duties the Director may be assisted by other staff or by consultants, and may request the assistance of any officer or agency of the City. 2 Public Works Director Planning and Zoning Director /Building Official shall refer land subdivision and public facility. Concurrency matters to the Public Works Director for review. 6 153 GENERAL SERVICES DEPARTMENT 1 General Services Department The General Services Department, under the direction of the City Administrator, shall perform all administrative functions of the City relating to administration of these Land Development Regulations. In addition, certain functions for the City may be performed as authorized by Interlocal agreement. 2 General Services Department Planning Functions and Duties The General Services Department shall be responsible for the following planning functions and duties: a Gathering and maintaining data to support the Comprehensive Plan. b Gathering and maintaining data to support the Land Development Regulations. c Providing staff support for City Council, Planning Board, Board of Adjustment, Technical Review Committee, Design Review Board. d Administration and enforcement of provisions of these Land Development Regulations. e Maintain written records of official actions of the Department as a public record. f Perform other duties assigned by the City Council. 154 TECHNICAL REVIEW COMMITTEE 1 Establishment and Composition There is hereby established a Technical Review Committee which shall be chaired by the Planning and Zoning Director /Building Official, and shall consist of the following voting members and ex officio members or appointed representatives from their departments. a Voting members shall include: City Administrator, Planning and Zoning Director /Building Official, Public Works Director, Fire Chief, and Police Chief. b Ex officio members may include: City Engineering Consultant, City Attorney, Code Enforcement Officer, County Environmental Health representative, Executive Director Okeechobee Utility Authority, and School District Representative. 2 Functions of the Technical Review Committee Technical Review Committee shall meet monthly or as needed, and shall have the following function, powers and duties: a To review Site plans, preliminary subdivision plats, and final subdivision plats for conformance to these Regulations. b To prepare a written report and recommendations on each plan or plat under review, and submit such report to the City Council, Planning Board and Board of Adjustment as appropriate for the proper administration of these Regulations. c To undertake any other duties assigned by the City Council in the implementation of the Comprehensive Plan. 155 CITIZEN BOARDS The following shall apply to all Citizen Boards, including the Planning Board, Board of Adjustment, and any other Board comprised of citizens appointed by the City Council: 7 1 Qualifications of Members No member or alternate member of a Citizen Board shall be an employee of, or hold any elective position or office in the government of the City. City Council may appoint any or all of the members to serve jointly on the Planning Board and the Board of Adjustment. Members shall be appointed from among persons in a position to represent the public interest, and shall be residents of the City or County. 2 Alternate Members Two alternate members shall be appointed to each Board. Such alternate shall attend all meetings and fully participate in Board discussions and deliberations to the point of voting. Should any permanent member be absent, the chairperson shall declare the alternate to be a voting member for the duration of the meeting. 3 Vacancies Vacancies in any Board membership shall be filled by appointment of the City Council for the unexpired term of the member affected. It shall be the duty of the chairperson of each Board to notify the Mayor within 10 days after a vacancy shall occur among the members or alternate member. 4 Removal Members of a Board may be removed from office by a majority vote of the City Council. 5 Sunset Terms of Board members who are due to retire shall expire on April 30th of each year. 6 Compensation Members of Boards shall receive no salaries for service on the Board, but may receive actual and necessary expenses incurred in the performance of their duties, as may be set from time to time by City Council. 156 CITIZEN BOARD OFFICERS AND RULES OF PROCEDURE 1 Officers and Voting Each Citizen Board shall select a chairperson and vice chairperson from among its members and may create and fill such other offices as it may determine. All voting members of a Board shall be entitled to vote in matters before that Board. 2 Rules of Procedure Each Board shall adopt rules of procedure necessary to its governance and the conduct of its affairs, in keeping with the applicable provision of law and these Regulations. Such rules shall be available in written form to the public. 3 Board Meetings Meetings shall be held at least once each month on a day to be determined by the Board, and at such other times as the Board chairperson may determine. Meetings that are not regularly scheduled shall 8 not be held without at least 3 days notice to each member. All meetings shall be public meetings. Each Board shall have the power to take testimony under oath and compel the attendance of witnesses. 4 Quorum and Voting A quorum for the transaction of business shall consist of 4 Board members. Concurring votes of 3 members shall be necessary to reverse any order, requirement or decision of the Planning and Zoning Director /Building Official, or decide on any matter upon which it is required to pass under these Regulations. 5 Minutes, Public Records Each Board shall keep minutes of its proceedings showing the vote of each member, or if absent or failing to vote indicating such fact The Board shall keep records of its actions, which shall be a public record and filed immediately in the City Clerk's office. 6 Disqualification of Members If a member of a Board finds that their personal interests are involved in the matter coming before the Board, they shall disqualify themselves from participation in that case. No Board member shall appear before the City Council or any Board established in these Regulations, as an agent or attorney for any person in a matter involving planning, zoning or these Regulations. 7 Professional and Financial Assistance Each Board may be provided by the City with such professional and financial assistance as may be necessary to enable the Board to perform the functions assigned by these Regulations. 157 PLANNING BOARD 1 Establishment and Composition There is hereby established a Planning Board which shall consist of 7 members and 2 alternates to be appointed by the City Council. Members shall serve for overlapping terms of 3 years. Membership of the Board, where possible, shall consist of any of the following: architect, engineer, surveyor, urban planner, landscape architect, general contractor, realtor, business person, and lay persons. 2 Planning Board Powers and Duties The Planning Board shall function as an advisory body making recommendations to the City Council, and shall have the following powers and duties: a Local Planning Agency. Pursuant to and in accordance with the Local Government Comprehensive Planning and Land Development Regulation Act, the Planning Board is hereby designated as the Local Planning Agency. b Regulations Amendment. To hear petitions for changes in these Regulations, and to make recommendations to the City Council. c Rezoning. To hear petitions for zoning district boundary changes in these Regulations, and to make recommendations to the City Council. d Subdivision Plats. To review and make recommendations to the City Council on preliminary subdivision plat submissions. To make recommendations to the City Council on acceptance of dedicated land. To make recommendations to the City Council of findings precedent to reversion of subdivided land to acreage. 9 e Site Plans. After reviewing recommendations by the Technical Review Committee, to determine whether specific proposed developments conform with the requirements of these Regulations. f Temporary Use Permit. To hear petitions for temporary use permits as authorized in these Regulations. g Other Planning and Zoning Matters. To perform other duties as City Council may specifically assign, including: (1) To recommend to City Council principles, policies, Regulations promoting orderly City development. (2) To determine whether specific proposed developments conform to the requirements of the Comprehensive Plan and these Regulations. (3) To conduct such public hearings to gather information necessary for maintenance or the Comprehensive Plan and these Regulations. (4) To inform and advise City Council on these and other matters as specifically assigned. 158 BOARD OF ADJUSTMENT 1 Establishment and Composition There is hereby established a Board of Adjustment. The composition of the membership shall adhere to the recommendations of the state building code when possible and appointed by the City Council. Members shall serve for overlapping terms of 3 years. Membership of the Board, where possible, shall consist of any of the following: architect, engineer, surveyor, urban planner, landscape architect, general contractor, realtor, business person, and lay persons. 2 Powers and Duties The Board of Adjustment shall have the following powers and duties: a Administrative Review. To hear and decide an appeal of an administrative decision when it is alleged that there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement of these Regulations. Variance. To hear and decide petitions for a variance from the terms of these Regulations as will not be contrary to the public interest, where owing to unique physical conditions a literal enforcement of the provisions of these Regulations would result in unnecessary hardship. Self created problems and economic hardship are not grounds for granting a variance. c Special Exception Use. To hear and decide only petitions for a special exception use specifically listed under the zoning districts in these Regulations. To decide such questions as are involved in determining whether a special exception use should be granted, and to grant a special exception use with such conditions and safeguards as are appropriate under these Regulations. To deny a special exception use when not in the public interest or in harmony with the requirements of these Regulations. 159 CODE ENFORCEMENT BOARD 1 Establishment and Composition There is hereby established a Code Enforcement Board which shall consist of 7 members and 2 alternates to be appointed by the City Council. Members shall serve for overlapping terms of 3 years. 10 Membership of the Board, where possible, shall consist of any of the following: architect, engineer, surveyor, urban planner, landscape architect, general contractor, realtor, business person, and lay persons. 2 Powers and Duties The Code Enforcement Board shall have the following powers and duties: Enforce the Land Development. To enforce and regulate the subdivision of land s • to regulate the use of land and water for those land use categories included in the land use element in the comprehensive plan to ensure their compatibility of adjacent uses and provide for open space; to provide for protection of potable water well fields; to regulate areas subject to seasonal and periodic flooding and stormwater management; to ensure the protection of environmentally sensitive lands designed in the comprehensive plan; to regulate signage; to prove that public facilities and services meet or exceed the standards set in the capital improvement element of the comprehensive plan, and are available when needed for development, or that development orders or permits are conditioned on the availability of these public services; to ensure safe and convenience onsite traffic flow and parking and to enforce or regulate such other provisions as are mandated by the land development regulation. Hearing. To subpoena alleged violator and witnesses to the Board's hearings, and to subpoena evidence and take testimony under oath. To review such evidence and testimony, and to decide whether or not a violation of these Regulations has occurred. Enforce Compliance. To issue orders having the force of law commanding whatever steps are necessary to bring a violation of these Regulations under compliance. The City Attorney shall be legal counsel to the Board. 160 DESIGN REVIEW BOARD 1 Establishment and Composition The City Council may establish a Design Review Board which shall consist of at least 7 members and 2 alternates appointed by the Council. Members shall serve for overlapping terms of 3 years. Membership of the Board, where possible, shall consist of any of the following: architect, artist, sculptor, designer, landscape architect, landscape contractor, urban planner, engineer, realtor, building contractor, business property owner, and lay persons. 2 Preparation of an Action Plan for City Visual Improvement From time to time the City Council may, by official action, assign the Design Review Board other tasks involving the beautification and aesthetic appearance of the City. Tasks may involve the preparation, or review, of a master action plan for the visual improvement of key areas in the urban landscape in the City, including recommendations. The action plan may include, but not be limited to, the following: a Graphic and written presentation showing the nature and extent of the proposed urban improvements. b Suggested priorities and time schedule for installation of proposed urban improvements. c Estimate of the construction and maintenance costs tor each urban improvement. 11 3 Assignment of Design Review Tasks From time to time the City Council may, by official action, assign the Design Review Board the task of reviewing the design of a proposed building or structure submitted for building permit in the City. Within 15 days of the Council request for design review, the Board chairperson shall call a public meeting of the Design Review Board and undertake the assigned task. 4 Powers and Duties The Design Review Board shall have the following powers and duties: a To encourage the use of the City Building Design Guidelines in the design of public, commercial and institutional buildings. b To make recommendations for changes and improvements to the City Building Design Guidelines. c To review architectural plans for buildings, structures and signs, submitted for issuance of a permit, after assignment of such task by the City Council. d To determine whether the exterior design of a building assigned to the Board for review complies with the intent of the Building Design Guidelines, and would result in the construction of a building that is compatible with the urban landscape. e To make written recommendations to the City Council for changes in external appearance of the building or structure to make it compatible with the Building Design Guidelines and other quality buildings in the City. f To undertake the preparation of an action plan, or review of a plan prepared by others, for urban improvements, after assignment of such task by the City Council. 12 200 ADMINISTRATIVE PROCEDURES AND REQUIREMENTS No land shall be subdivided, and no building or structure shall be erected, altered or extended, and no land, building or structure or part thereof shall be used or occupied unless a permit has been issued for such use in conformance with these Land Development Regulations. 201 ADMINISTRATION AND ENFORCEMENT 1 Regulations Administrator These Regulations shall be administered and enforced by the Planning and Zoning Director /Building Official. 2 Compliance Required All land, buildings and structures shall be used in compliance with these Regulations. 3 Enforcement Planning and Zoning Director /Building Official shall take actions necessary to insure compliance with, and to prevent violation of these Regulations, and shall require discontinuance of illegal subdivision of and; discontinuance of the illegal use of land, buildings and structures; removal of illegal structures, additions or alterations; and discontinuance and correction of any illegal work. Any appeal of a decision of the Planning and Zoning Director /Building Official shall follow the procedure set out in Section 251 herein. 202 APPLICATION AND PETITION PROCEDURES REQUIREMENTS These administrative procedures and requirements shall apply to the following: 1 Comprehensive Plan Amendment 2 Land Development Regulations Amendment 3 Zoning District Boundary Change (Rezoning) 4 Appeal of an Administrative Decision 5 Special Exception Use Petition 6 Variance Permit 7 Temporary Use Permit 8 Sign Permit 9 Preliminary Minor Site Plan Review 10 Final Minor Site Plan Approval 11 Preliminary Major Site Plan Review 12 Final Major Site Plan Approval 13 Preliminary Subdivision Sketch or Plat Review 14 Final Subdivision Plat Approval 15 Subdivision Plat Modification 13 16 Abandonment of Right -of -Way 17 Reversion of Subdivided Land to Acreage 18 Private Property Rights Appeal 19 Land Use or Environmental Dispute Appeal 203 PERMIT REQUIRED 1 Permit Required No land shall be subdivided, and no building or structure shall be erected, added to, altered, and no land shall be changed in use until a permit has been issued in accordance with the Provisions of these Regulations. 2 Application Form Petitions and applications for permits and approvals required under these Regulations shall be made on the appropriate form. Applications shall provide such information and supporting documents as the City may require. 3 Permit Issued A permit shall be issued only after a complete application has been submitted to the City, and processed and approved in accordance with the provisions of these Regulations. 4 Permit Not Issued Permits shall not be issued where the proposed land subdivision, building construction, alteration or use thereof would be in violation of these Regulations. 204 ERRONEOUS ISSUED PERMIT 1 Permit Voided and Written Notification Permits issued on the basis of incorrect information on the application or in error, shall be voided. Applicant shall be notified in writing that the permit is void. Legal Action If the error is not voluntarily corrected, the matter shall be referred to the City Council which shall take such legal action as necessary. 205 COMPLAINT OF VIOLATION 1 Filing a Complaint of Violation Whenever a violation of these Regulations occurs any person may file a complaint in regard thereto. Complaints shall be made in writing, signed and filed with the Planning and Zoning Director /Building Official. 2 Investigation and Action Planning and Zoning Director /Building Official shall record such complaint and investigate, and initiate appropriate action. 14 3 Notification of Violation Planning and Zoning Director /Building Official shall notify in writing, the person or corporation responsible for any violation, indicating the nature of the violation, stating the action necessary to correct it, and specifying the time permitted for correcting the violation. 4 If corrective action is not taken as required by such letter, then the Planning and Zoning Director shall refer the matter to the inspector for the Code Board for appropriate action by the board as provided herein. 206 PENALTIES FOR VIOLATION 1 Misdemeanor Violation of these Regulations is declared to be a misdemeanor of the first degree, punishable as provided in Florida Statutes. 2 Fine and Separate Offenses Any person violating a provision of these Regulations, upon conviction shall be punishable by a fine of up to five hundred dollars. Each day a violation continues after written notice has been issued shall be deemed a separate offense. 207 PENALTIES FOR TRANSFERRING LOT IN UNRECORDED SUBDIVISION 1 Unlawful to Transfer Lots in Unrecorded Subdivision It shall be unlawful for anyone who is the owner or agent of the owner of any land to transfer, sell, agree to sell, or negotiate to sell such land by reference to, exhibition of, or other use of a plat of a subdivision of such land without having submitted a plan and plat or such subdivision for approval as required by these Regulations and without having recorded the approved subdivision plat as required. 2 Misdemeanor If such unlawful use be made of a plat before it is properly approved and recorded, the owner or agent of the owner shall be guilty of a misdemeanor of the first degree. 3 Title Not Impaired Failure to comply with the provisions of this section shall not impair the title of land so transferred or affect the validity of the title conveyed. 4 Legal Action Authorized Purchasers of land sold in violation of this section shall, within one year from the date of purchase thereof, be entitled to bring action against the seller for any damages which the purchaser suffers as a result of the seller's unlawful act. 208 OTHER LEGAL REMEDIES In addition to enforcement procedures and civil penalties, the City Council may institute any appropriate action or proceedings in a civil action to prevent, enjoin, restrain or abate the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use of any building or structure; or occupancy of such building, structure or land; or illegal act, conduct of business, or use of, in or about such premises. 15 209 PRIVATE PROPERTY RIGHTS PROTECTION CLAIM Any property owner claiming that his property has been inordinately burdened by action of the City may submit a claim in writing and a bona fide appraisal supporting such claim to the City Clerk, in accordance with requirements of the Private Property Rights Protection Act as set forth in Chapter 70, Florida Statutes. 210 LAND USE OR ENVIRONMENTAL DISPUTE APPEAL Any property owner claiming that a development order, either separately or in conjunction with other development orders, or an enforcement action of the City has unreasonably or unfairly burdened use of his property may apply for relief to the City Clerk, in accordance with requirements of the Land Use and Environmental Dispute Resolution Act. 211 FEES AND CHARGES 1 Establishment of Schedule of Fees and Charges City Council hereby establishes a schedule of fees and charges for matters pertaining to these Regulations. It is the intent that the City shall not be required to bear any part of the cost of applications or petitions made under these Regulations, and that the fees and charges cover the costs of clerical, postage, legal advertising, professional consultants, and other administration costs. In addition to fees listed in the schedule extraordinary costs may be charged to the applicant on a case specific basis. When the cost for advertising, publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the City on the application, the applicant shall pay the actual cost. 2 Annual Review of Schedule of Fees and Charges City Council shall adopt a schedule of fees and charges by resolution, and may revise it annually. Such schedule changes are not subject to the procedure for amendment of these Regulations. 3 Fee Required Petitions and applications for permits and approvals shall be accompanied by the required fees, and no action shall be taken until the fees have been paid. 212 EXCEPTIONS TO FEES AND CHARGES SCHEDULE 1 Petitions by Authorized Boards Petitions initiated by the duly authorized Boards or officers of the City are exempt from the payment of fees. 2 Affordable Housing Development City Council may reduce or eliminate fees and charges for affordable housing developments initiated by government agencies, and non - profit or limited profit organizations. 3 Mediation by Special Master Where a proceeding is brought by a property owner under the Land Use and Environmental Dispute Resolution Act, payment of the special master's fees, expenses and costs shall be borne equally by the City and the owner. 16 213 SUBMISSION OF APPLICATION OR PETITION 1 Initiation of Application or Petition Applications and petitions may be initiated by the City Council, Planning Board, Board of Adjustment, or by the owner of land included in the application. 2 Requirements Before an application or petition may be accepted it shall comply with the following: a Be submitted on the appropriate official form, be complete and contain all required information and supporting documentation. b Be accompanied by the required non - refundable filing fee. c Be filed at the General Services Department office for processing. d All properties within a single application or petition must be contiguous to one another, with or without a public street or alley. 214 APPLICATION OR PETITION AMENDMENT OR WITHDRAWAL 1 Amendment or Withdrawal Applicant may not amend the application after the notice of public hearing has been sent to the newspaper for publication. Applicant may withdraw the application prior to the vote on a motion to recommend approval or denial. 2 Reflle If an applicant withdraws or amends the application, it must be refiled as for a new application, including payment of new application fees. 215 STATUS OF A PLANNING BOARD RECOMMENDATION Decisions of the Planning Board are advisory to the City Council where the recommendation is to amend any ordinance, the Comprehensive Plan, Land Development Regulations or change the zoning district boundaries. 216 PROCESSING APPLICATION OR PETITION The following procedure shall apply only to applications to be considered by the Planning Board and the Board of Adjustment: 1 Administrative Review for Completeness Planning and Zoning Director /Building Official shall examine the application for completeness, and may make suggestions to the applicant to present additional material to complete the application. Such material shall be submitted not later than the filing deadline. 2 Review Cycle Upon receipt of a complete application or petition, the Planning and Zoning Director /Building Official shall place the application in the reviewing cycle of the appropriate board or agency responsible for hearing the application. A schedule of regular meetings for the coming 6 months shall be available in the Director's /Official's office for each reviewing board or agency. 17 3 Filing Deadline Agenda closes at noon 30 days prior to the next regular meeting of the appropriate board or agency responsible. Applications submitted after the deadline shall be processed in the following review cycle. 217 NOTICE AND PUBLIC HEARING REQUIRED Until public notice has been given and a public hearing has been held, no action shall be taken by the City Council, Planning Board, or Board of Adjustment, on any petition for the following: 1 Comprehensive Plan Amendment 2 Land Development Regulations Amendment 3 Zoning District Boundary Change (Rezoning) 4 Appeal of Administrative Decision 5 Special Exception Use 6 Variance 7 Subdivision Plat or Regulations Modification 8 Abandonment of Street or Alley 9 Reversion of Subdivided Land to Acreage 218 PUBLIC NOTICE 1 There shall be publication of a notice of the public hearing at least twice in a newspaper of general circulation in the City. First publication shall be at least 15 days prior to the date of the hearing, and the second publication at least 5 days prior to the hearing. Notice shall contain the time, date, place and purpose of such hearing, and any other information deemed necessary by City Clerk. 2 Except where the hearing applies to all land in the City, similar notice shall be mailed to the last known address of property owners and the applicant. Courtesy notices shall also be mailed to property owners of record within a radius of 300 feet of the subject property. Failure to mail or receive such courtesy notice shall not affect any action or proceedings taken hereunder. 3 A similar notice shall be posted in a conspicuous place on the property at least 15 days prior to the date of the hearing. 4 If the property under consideration is within 600 feet of the limits of Okeechobee County's jurisdiction, a notice shall be mailed to the County Clerk. 5 Affidavit proof of the required publication, mailing, and posting of notice shall be presented at the public hearing. 18 219 PUBLIC HEARING 1 At the public hearing the applicant or his agent shall explain the reasons for the petition, and be available to answer questions from the City Council or Board, as appropriate. 2 Any person who wishes to voice an opinion on the petition may do so at the hearing. 3 In granting a petition the City Council or Board, may when permitted by State statute attach conditions to the approval. 4 In granting or denying a petition City Council or Board shall list the specific findings for their decision. 5 After the hearing is closed, the City Council or Board shall vote on the petition. The vote may take place on the day of the hearing, or later after investigations are complete. 6 City Council or Board may continue the public hearing from time to time, or postpone the hearing; however, the hearing shall be concluded within 63 days after the start. 220 APPLICATION FOR REHEARING When, after a public hearing a petition for a Comprehensive Plan or Land Development Regulations amendment, Zoning District Boundary change, Appeal of an Administrative Decision, Special Exception Use, or Variance, has been denied, a petition for the same request cannot be resubmitted for a period of at least 60 days after denial. 221 NONCOMPLIANCE WITH CONDITIONS Noncompliance with the conditions of approval prescribed by the City Council or Board, as appropriate. when made a part of the terms under which the petition is granted, shall be a violation of these Regulations. 222 FINDINGS REQUIRED FOR GRANTING PETITIONS All petitions for change of Land Development Regulations and change of Zoning District Boundary shall be considered in relation to the following criteria where applicable. In acting upon a petition for a proposed use, the City Council, Planning Board, or Board of Adjustment, as appropriate, shall find that: 1 2 3 The use is not contrary to Comprehensive Plan requirements. The use is specifically authorized under the zoning district Regulations applied for. The use will not have an adverse effect on the public interest. 4 The use is appropriate for the location proposed, is reasonably compatible with is not contrary or detrimental to urbanizing land use patterns. 5 The use will not adversely affect property values or living conditions, nor be improvement or development of adjacent property. adjacent uses, and a deterrent to the 19 6 The use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. 7 The use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. 8 The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. 9 The use has not been inordinately burdened by unnecessary restrictions. 223 CONDITIONS OF APPROVAL City Council, Planning Board, or Board of Adjustment. as appropriate, prior to approving a petition, application, site plan, or land subdivision, may impose conditions on the applicant, their heirs, assigns, and successors. 224 DEVELOPMENT AGREEMENT City Council, as a condition or approval may require the applicant to submit a development agreement to the City and agree to any of the following: 1 Unified Land Control To present proof of unified control of the property. 2 Development According to Plan To develop only in accord with the approved site development plan, and any conditions of approval as may be attached. 3 Assurance of Project Completion To provide agreements, deed restrictions or sureties acceptable to the City for completion of the project in accordance with the site development plan, as well as for functions and facilities as are not to be provided, operated or maintained at general public expense. 225 UNITY OF TITLE City Council, Planning Board, or Board of Adjustment, as appropriate, as a condition of approval, may require that any time more than one building is constructed on a lot or parcel of land, other than condominiums, a unity of title shall be recorded in the County records to prevent division of lot or parcel. 226 PROPERTY OWNER'S ASSOCIATION City Council, as a condition of approval, may require that a property owner's association or other legal entity shall be established with responsibility for control and maintenance of common areas, drainage, open space and recreation facilities, in such a manner that: 1 Establishment Prior to Sales Association is established before any lot in the development is sold. 2 Authority Association has clear legal authority and responsibility to maintain and exercise control over such common areas and recreation facilities. 20 3 Financial Responsibility Association has power to compel contributions from the property owners to cover their proportionate share of costs associated with maintenance and upkeep of such common areas and recreation facilities. 227 DEED RESTRICTIONS AND PROPERTY OWNER'S AGREEMENTS City Council, as a condition of approval, may require the applicant to provide the City with copies of property owners agreements and deed restrictions imposed on the land. These shall provide: 1 Common Areas For the proper maintenance of common areas. 2 Vacation of Plat That open space uses may not be vacated in whole or in part unless the entire plat is vacated. 3 Replacement of Structures That in the event a structure in a Planned Unit Development is destroyed or removed, if replaced, the new structure shall be of type and size which is consistent with the conditions of the original approval. 228 SURETY BONDS City Council, as a condition of approval, may require the applicant to post a surety bond with the City, which shall comply with the following general conditions applicable to all bonds. The surety bond shall: 1 Be executed by a company authorized to do business in Florida. 2 Be in a form acceptable to the City. 3 Be posted prior to effective date of approval action sought, and specify length of time it is effect. 4 Be in an amount determined by the City, and be payable to the City. If the bond covers required improvements, be in sufficient amount to assure completion of improvements, and provide for, and secure to the public, the actual construction and installation of such improvements within a required period, and their maintenance for one year. 5 Specify conditions to be met by the approved development or subdivision. 6 Be released by the City only after acceptance of written certification that performance guaranteed under bond has been completed satisfactorily. 229 UNDERGROUND UTILITIES City Council, as a condition of approval, may require: 1 Underground Installation Utility services including telephone, cable, electrical, and gas be installed underground. 2 Transformers Large transformers to be placed on the ground and contained within safety enclosures or vaults, and screened with landscaping. 21 230 EFFECTIVE TIME LIMIT ON APPROVALS Approvals granted in conformance with these Regulations shall be effective for a period of time as herein provided: 1 Change to These Regulations Including land development regulation change and zoning district boundary change, in effect until amended or repealed by the City Council. 2 Expiration of Site Plan Approval Site plan approval shall have a valid concurrency period of 2 years, prior to which a building permit application must be submitted to maintain concurrency; an extension of 1 year at a time may be issued by the Planning Board. Expiration of Developer Agreement Developer agreements shall have a valid concurrency period of 5 years; an extension of 1 year at a time may be issued by the City Council. 4 Special Exception Use, Variance Special exception use and variance approvals shall have a valid period of not more than 2 years, prior to which a building permit application must be submitted or the approval shall lapse. 5 Temporary Use Permit Effective as specified in the approved temporary use permit, with a maximum of 2 years after granting the permit. 6 Subdivision Plats: a Sketch Plan: Informal review, no approval given. b Preliminary Plat: First phase 2 years, during which time a final plat must be filed; each subsequent phase 2 years, during which time a final plat must be filed. c Final Plat: 1 year; during which time a final plat must be recorded with the County. 22 250 APPEAL, SPECIAL EXCEPTION USE, VARIANCE 251 APPEAL OF AN ADMINISTRATIVE DECISION TO BOARD OF ADJUSTMENT 1 Authorization Board of Adjustment shall hear and decide an appeal of an administrative decision when it is alleged that there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement of these Regulations. 2 Process for Appeal, Notice of Appeal and Public Hearing An appeal to the Board may be made by a person aggrieved by a decision of an administrative official under these Regulations. An appeal shall be made within 30 days after rendition of the order, requirement, decision or determination appealed from; shall be commenced by filing a notice of appeal with the General Services Department; and shall contain a statement of the interest of the person seeking the review, a statement of the decision to be reviewed, the date of the decision, and the specific error alleged as the grounds of the appeal. c The administrative official from whom the appeal is made shall, upon notification of the filing, transmit to the Board all documents constituting the record upon which action under appeal was taken. d The Board shall fix a time for hearing the appeal, give public notice to the parties in interest, and decide the same within a reasonable time. At the hearing, any party may appear in person or submit a written statement. 3 Stay of Work and Proceedings on Appeal Such appeal stays all work on the premises and all proceedings in furtherance of action under appeal, unless the official from whom the appeal was taken shall certify to the Board that, by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, work shall not be stayed except by a restraining order granted by a court. 4 Board of Adjustment's Decision Upon appeal, the Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination, and may make any necessary decision in the enforcement of these Regulations and to that end shall have all powers of the officer from whom the appeal is taken. 252 PROCEDURE FOR OBTAINING A SPECIAL EXCEPTION USE OR A VARIANCE Following is the procedure for consideration of a special exception use or variance petition by the Board of Adjustment: 1 Application Submitted Application filed with the General Services Department. 2 Notices of Public Hearing Time is assigned for the public hearing and public notice is given. 3 Public Hearing Held At the public hearing, any party may appear in person or submit a written statement. 23 4 Decision Issued by Board In granting the petition the Board may prescribe conditions and safeguards. 253 SPECIAL EXCEPTION USE BY BOARD OF ADJUSTMENT 1 Authorization Board of Adjustment shall: a Hear and decide only petitions for a special exception use under the zoning districts in these Regulations. b Decide such questions as are involved in determining whether a special exception use should be granted, and to grant a special exception use with such conditions and safeguards as are appropriate under these Regulations. c Deny a special exception use when not in the public interest or in harmony with the requirements of these Regulations. 2 Standards for Granting a Special Exception Use Applicants for a special exception use shall address the following issues in their presentation: a b c d e f Demonstrate that the proposed location and site is appropriate for the use. Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood. Demonstrate any landscaping techniques to visually screen the use from adjacent uses. Demonstrate what is proposed to reduce the impact of any potential hazards, problems or public nuisance generated by the use. Demonstrate how the utilities and other service requirements of the use can be met. Demonstrate how the impact of traffic generated will be handled, off-site and on -site. 3 Findings Required In granting a special exception use the Board shall find that: a b c d e f g h The use is not contrary to Comprehensive Plan requirements. The use is specifically authorized as a special exception use in the zoning district. The use will not have an adverse effect on the public interest. The use is appropriate tor the location proposed, is reasonably compatible with adjacent uses, and is not detrimental to urbanizing land use patterns. The use will not adversely affect property values or living conditions, nor be a deterrent to the improvement or development of adjacent property. The use may be required to be screened from surrounding uses, to reduce the impact of any nuisance or hazard to adjacent uses. The use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. 4 Special Exception Use Not Granted Board of Adjustment shall not grant a special exception use petition where there is an existing violation of these Regulations. 24 5 Change of Ownership If ownership of property subject to a grant of a Special Exception by the Board of Adjustments is transferred, including by sale or inheritance, the Special Exception Use and the conditions and length thereof shall continue as provided in the original grant. 6 Non -use In the event the Special Exception Use granted by the Board of Adjustment should fail to exist or fail to be used for a continuous period of 180 days, then such use shall lapse and the current owner be required to re -apply as provided herein. In case of hardship, where the loss of such Special Exception would materially affect the integrity of any mortgage or other financing arrangement on the subject real property, the Board of Adjustment may consider such hardship in granting a renewal of such Special Exception. 254 VARIANCE BY BOARD OF ADJUSTMENT 1 Authorization a Board of Adjustment shall hear and decide petitions for a variance from the provisions of these Regulations, where owing to unique physical conditions a literal enforcement of the provisions would result in unnecessary hardship. A variance is authorized only as to physical requirements of these Regulations including height, lot area, size of structure, size of yard, setback, buffer and open space. c Establishment or expansion of a use or density otherwise not permitted shall not be allowed by variance, nor shall a variance be granted because of the presence of other nonconforming structures or use in the zoning district or adjoining district. d Self created problems and economic hardship shall not be grounds for granting a variance. 2 Standards for Granting a Variance Applicants for a variance shall address the following issues in their presentation: a Demonstrate that the variance is needed to overcome a hardship caused by the unique physical conditions of the site. Specify the minimum variance required including; height, lot area, size of structure, size of yard, setback, buffer or open space. 3 Findings Required In granting a variance the Board shall consider the following factors and must find that a Special conditions exist which are peculiar to the land or structure involved, and are not applicable to other land or structures in the same zoning district. b The special conditions and circumstances do not result from actions of the applicant. c Literal interpretation of the provisions of these Regulations would deprive the applicant of rights commonly enjoyed by other properties in the same zoning districts and would work unnecessary and undue hardship on the applicant. d The variance granted is the minimum variance that will make possible the reasonable use of the land or structure. 25 e Granting the variance will not confer on the applicant any special privilege that is denied by these Regulations to other land or structures in the same zoning district. f Granting the variance will be compatible with the intent of these Regulations and that the variance will not be injurious to the neighborhood or detrimental to the public welfare. 4 Use Variance Not Permitted The Board shall not grant a variance to permit a use not permitted in the zoning district. 255 APPEAL FROM A BOARD OF ADJUSTMENT DECISION 1 Status of Board of Adjustment Decisions Decisions of the Board of Adjustment shall be deemed final unless an appeal is filed within 30 days from the date of such decision to a court of jurisdiction as prescribed by law. 2 Standing An adversely affected person who appeared orally or in writing before the Board and asserted a position on the merits, may appeal the decision reached at the conclusion of a hearing. 256 APPEAL FROM A CITY COUNCIL DECISION Final legislative action of the City Council shall be deemed final, unless an appeal is filed within 30 days from the date of such action to a court of jurisdiction as prescribed by law. 26 270 CONCURRENCY REGULATIONS 271 CONCURRENCY MANAGEMENT SYSTEM 1 Establishment of Concurrency Management System City hereby establishes a Concurrency Management System to ensure that adequate potable water supply, wastewater disposal, solid waste disposal, stormwater drainage, recreation open space, and roads are available concurrent with the impact or development on such facilities, consistent with level of service standards adopted in the Comprehensive Plan. 2 Public Facilities Concurrent with Development Impacts A permit for a proposed development shall not be granted unless the City has determined that the public facilities will be adequate to serve the needs of the development concurrent with the impacts of such development. 272 EXEMPTIONS FROM CONCURRENCY REQUIREMENTS The following development shall be exempt from concurrency requirements: 1 Development approved prior to enactment of these Regulations. 2 Single family dwelling on a lot of record. 3 Alteration or expansion of a development, or construction of accessory uses, that do not create additional impacts on public facilities. 4 Additional specific uses which the Planning and Zoning Director /Building Official deems to have no impact on public facilities, including temporary permits, sign permits and variances. 273 RESPONSIBILITY FOR CONCURRENCY MANAGEMENT SYSTEM Public Works Director and Planning and Zoning Director /Building Official shall be responsible for maintaining the concurrency management system and monitoring development activity as follows: 1 Public Works Director shall coordinate with the Okeechobee Utility Authority to maintain an inventory and records concerning current available capacity for water supply and wastewater disposal. 2 Public Works Director shall inventory and maintain records concerning current available capacity for solid waste disposal, stormwater drainage, recreation open space, and traffic circulation, and shall maintain records including; Quarterly summary on the available capacities of all required public facilities; an annual report on available capacities and public facility needs for the next 5 years. 3 Planning and Zoning Director /Building Official shall monitor development and maintain records including: Quarterly summary of amended land development Regulations and rezoning, and a summary of building permits, demolition permits, certificates of occupancy; and an annual report and analysis of development activity. 27 4 Code Enforcement Board shall be responsible for enforcement of concurrency management issues in the event the code inspector files a complaint alleging non - compliance with any concurrency determination. 274 DETERMINATION OF PUBLIC FACILITIES CAPACITY AVAILABLE Public Works Director shall determine the current level of service capacity available for each required public facility, and shall provide such information to an applicant for a development permit upon request. 275 PUBLIC FACILITY LEVEL OF SERVICE STANDARDS (LOS) The following level of service standards shall apply in the review of development applications pursuant to the procedures and standards of these Regulations. 1 Minimum Level of Service Standards A development permit shall not be approved unless there will be adequate capacity to sustain the following levels of service: a b c d e f Pubic Facility Potable Water Supply Wastewater Disposal Solid Waste Disposal Stormwater Drainage Recreation Open Space Roads and Traffic Circulation LOS Standard 114 gallons per capita per day 130 gallons per capita per day 13 Ibs per capita per day; 3 years available landfill capacity Design storm: 25 year; 24 hour duration 3 acres per 1,000 persons Principal Arterial LOS - C; All Other Roads LOS - D 2 Timing for Meeting Required Level of Service Standards Minimum levels of service standards do not have to be met at time of development approval, if upon completion of the proposed development the required levels of service will be adequate. 3 Temporary Use of Private Wells and Septic Tanks Where minimum levels of service for solid waste disposal, drainage, recreation open space, and roads are met, new residential and commercial development may make temporary use of private wells and septic tanks, subject to the requirement that when public potable water and sanitary sewer services are available the development shall connect to these utilities. 276 PUBLIC FACILITY MONITORING PROGRAM To ensure that adequate public facilities are available concurrent with development impacts, the City shall establish the following management and monitoring practices. Monitoring, evaluation and coordination of the timing, provision, and funding of potable water supply, wastewater disposal, solid waste disposal, stormwater drainage, recreation open space, roads and traffic circulation public facilities, to ensure that they are being adequately planned for and funded to maintain the required level of service standards for public facilities. 277 REQUIRED PUBLIC FACILITY IMPACT ANALYSIS An applicant for site plan or development approval shall submit a public facility impact analysis calculating demand on facilities generated by the proposed development at project build -out, based upon adopted LOS standards. The analysis shall contain the following information: 28 1 Potable water demand, calculated at 114 gallons per capita per day. 2 Wastewater generated, calculated at 130 gallons per capita per day. 3 Solid waste generated, calculated at 13 Ibs per capita per day. 4 Drainage system, designed for a 25 year, 24 hour storm, to South Florida Water Management District requirements, using FEMA Flood Insurance Rate Maps and City road crown elevations. 5 Recreation open space needed, calculated at 3 acres per 1,000 persons. 6 Traffic generated, using ITE Trip Generation Rate Manual; with Principal arterial's LOS - C; and all other roads LOS - D. 278 CONCURRENCY ASSESSMENT FOR ADEQUACY OF PUBLIC FACILITIES 1 Review of Development Application Planning and Zoning Director /Building Official shall review applications for site plan and development approval for concurrency compliance. Such applications may be referred to the Public Works Director and the Technical Review Committee for review. 2 Determination of Adequacy of Public Facilities and Approval of Application Public facilities shall be determined to be adequate to serve the needs of a proposed development when the water supply, wastewater disposal, solid waste disposal, stormwater drainage, recreation open space, roads and traffic circulation facilities and services will be available to meet or exceed the level of service standards concurrent with the impacts of such development. 279 CONCURRENCY RIGHTS RESERVATION AT FINAL APPROVAL Concurrency compliance will be calculated and capacity reserved at time of final approval of site plan or development agreement. Approved development permit applications shall be logged chronologically to determine rights to available capacity. 29 300 ZONING DISTRICT REGULATIONS AND ZONING MAP 301 ZONING DISTRICTS ESTABLISHED The City is hereby divided into Zoning Districts designated as follows: 1 Residential Single Family One RSF 1 2 Residential Singe Family Two RSF 2 3 Residential Mobile Home RMH 4 Residential Multiple Family RMF 5 Commercial Professional and Office CPO 6 Light Commercial CLT 7 Heavy Commercial CHV 8 Central Business CBD 9 Industrial IND 10 Public PUB 11 Planned Unit Development PUD 302 ZONING MAP ESTABLISHED 1 The Official Zoning Map of the City of Okeechobee is established and shall be made a part of, and incorporated into these Regulations, and shall be part of the public record. 2 The Zoning Map and shall be available for public inspection at the City Hall, and shall be the final authority as to the current zoning status of land. The zoning map shall be maintained by the City Clerk who is the custodian thereof, and in whose office the map shall be kept. 3 Zoning districts are bounded and defined, as shown on the Official Zoning Map. 4 No changes to the Zoning Map, shall be made except in compliance with procedures set forth in these Regulations. When changes are made in district boundaries such changes shall be made promptly on the Zoning Map after adoption of the amendment. 303 INTERPRETATION OF ZONING DISTRICT BOUNDARIES Interpretations of zoning district boundaries on the Zoning Map shall be made as follows: 1 Boundaries following a street shall be construed as following the street centerline. 2 Boundaries following a property or section line shall be construed as following such line. 3 Boundaries following a natural feature shall be construed as following such feature. 304 ZONING OF ANNEXED LAND Land which may be annexed into the City shall be placed into the nearest comparable zoning district to its previous County zoning. Annexed land zoned Agricultural in the County shall be placed into the Residential 30 Single Family One zoning district until changed by the City Council. The provisions of Florida Statute Chapter 171 shall otherwise prevail on all issues of annexation. 305 MAXIMUM RESIDENTIAL DWELLING UNITY DENSITIES For the purposes of calculating the maximum allowable number of dwelling units per acre of undeveloped land in various residential zoning districts, the following densities shall be used: Residential Zoning District 1 Residential Single Family One 2 Residential Single Family Two 3 Residential Mobile Home 4 Residential Multiple Family Code RSF 1 RSF 2 RMH RMF Density du /ac 4 6 6 10 Comprehensive Plan Category Single Family Residential Multi - Family Residential Single Family Residential Multi - Family Residential 306 MAXIMUM AFFORDABLE HOUSING DWELLING UNIT DENSITIES Residential developments which qualify as affordable housing are allowed a density bonus. Where at least 10 percent of total housing units in a development qualify as affordable housing, the density of the site devoted to such housing may be increased by 1 dwelling unit per acre as follows: 1 2 3 Affordable Housing Residential Zoning District Code Density du /ac Residential Single Family One RSF 1 5 Residential Single Family Two RSF 2 7 Residential Multiple Family RMF 10 Comprehensive Plan Category Single Family Residential Multi - Family Residential Multi - Family Residential 307 MAXIMUM REDEVELOPMENT AREA DWELLING UNIT DENSITIES Residential developments which qualify as substandard are allowed a density bonus when cleared and renewed, such residential areas may be increased by 1 dwelling unit per acre as follows: Redeveloped Housing Residential Zoning District Code Density du /ac 1 Residential Single Family One RSF 1 5 2 Residential Single Family Two RSF 2 7 3 Residential Multiple Family RMF 11 Comprehensive Plan Category Single Family Residential Multi - Family Residential Multi - Family Residential 31 320 RESIDENTIAL SINGLE FAMILY ONE ZONING DISTRICT REGULATIONS 1 Residential Single Family One zoning districts shall be permitted only on and designated as Future Land Use category Single Family Residential in the Comprehensive Plan. 2 Uses in Residential Single Family One zoning districts shall be subject to the following Regulations: 321 PERMITTED USES The following principal uses and structures are permitted: 1 Single family dwelling 2 Public and private schools 3 House of worship, on a lot at least 5 acres 4 Open space 5 Public facility or use 322 SPECIAL EXCEPTION USES The following uses and structures are permitted after issuance of a special exception use petition. 1 Boarding house 2 Adult Family Care Homes or Assisted Living Facilities as provided by Law. 3 Guest house, Servant's quarters, or Pool house, provided the lot area shall be not less than 12,500 square feet. 4 House of worship, on a lot less than 5 acres 5 Off- Street parking and access to a commercial enterprise in a commercial zoning district 6 Community center 7 Indoor recreation 8 Outdoor recreation 9 Golf course 10 Public utility 11 Permitted uses in excess of 30 feet in height 323 CUSTOMARY ACCESSORY USES Each permitted principal use and special exception use is also permitted to have the customary accessory uses for that use. 324 LOT AND STRUCTURE REQUIREMENTS 1 Minimum Lot Area Except where further restricted by these Regulations for a particular use, minimum requirements shall be: a Single family dwelling: Area 10,000 square feet 32 Width 75 feet b Other permitted principal uses: Area 20,000 square feet Width 100 feet 2 Minimum Yard Requirements Except where a greater distance is required by yard setbacks shall be: a Single family dwelling: Front 25 feet Side 10 feet Rear 10 feet Other permitted principal uses: Front 25 feet Side 20 feet Rear 20 feet 3 Maximum Lot Coverage by All Buildings Maximum Coverage Single family dwelling: 45 percent Other permitted principal uses: 25 percent Maximum Impervious Surface 55 percent 55 percent 4 Maximum Height or Structures Except where further restricted by these Regulations fora particular use, maximum height shall be as follows: Single family dwelling: 30 feet, unless a special exception is granted Other permitted principal uses: 30 feet. unless a special exception is granted 325 ADDITIONAL REGULATIONS Additional Regulations which shall apply to all uses include but are not limited to: 1 Concurrency Regulations 2 Parking and loading Regulations 3 Landscaping Regulations 4 Sign Regulations 5 Accessory use Regulations 6 Supplementary use Regulations 7 Environmental and stormwater Regulations 8 Utilities Regulations 33 330 RESIDENTIAL SINGLE FAMILY TWO ZONING DISTRICT REGULATIONS 1 Residential Single Family Two zoning districts shall be permitted only on land designated as Future Land Use category Multi - Family Residential in the Comprehensive Plan. 2 Uses in Residential Singe Family Two zoning districts shall be subject to the following Regulations. 331 PERMITTED USES The following principal uses and structures are permitted: 1 Single family dwelling, Zero lot line single family dwelling 2 Public and private schools 3 House of worship, on a lot at least 5 acres 4 Open space 5 Public facility or use 332 SPECIAL EXCEPTION USES The following uses and structures are permitted after issuance of a special exception use petition: 1 Boarding house 2 Adult Family Care Homes or Assisted Living Facilities as provided by Law 3 Guest house, Servant's quarters, or Pool house, provided the lot area shall be not less than 12,500 square feet. 4 House of worship on a lot less than 5 acres 5 Off- Street parking and access to a commercial enterprise in a commercial zoning district 6 Community center 7 Indoor recreation 8 Outdoor recreation 9 Golf course 10 Public utility 11 Permitted uses in excess of 30 feet in height 333 CUSTOMARY ACCESSORY USES Each permitted principal use and special exception use is also permitted to have the customary accessory uses for that use. 34 334 LOT AND STRUCTURE REQUIREMENTS- 1 Minimum Lot Area Except where further restricted by these Regulations fora particular use, minimum requirements shall be: a Single family dwelling: Area 6,250 square feet Width 50 feet Other permitted principal uses: Area 20,000 square feet Width 100 feet 2 Minimum Yard Requirements Except where a greater distance is required by these Regulations for a particular use, minimum yard setbacks shall be: a Single family dwelling: Front 25 feet Side 10 feet Rear 10 feet Zero lot line single family dwelling: Side 15 feet and 0 feet b Other permitted principal uses: Front 25 feet Side 20 feet Rear 20 feet 3 Maximum Lot Coverage by All Buildings Maximum Coverage Maximum Impervious Surface a Single family dwelling: 45 percent 55 percent b Other permitted principal uses: 25 percent 55 percent 4 Maximum Height of Structures Except where further restricted by these Regulation for a particular use, maximum height shall be as follows: Single family dwelling: 30 feet, unless a special exception is granted Other permitted principal uses: 30 feet, unless a special exception is granted 335 ADDITIONAL REGULATIONS Additional Regulations which shall apply to all uses include but are not limited to: 1 Concurrency Regulations 2 Parking and loading Regulations 3 Landscaping Regulations 4 Sign Regulations 5 Accessory use Regulations 6 Supplementary use Regulations 7 Environmental and stormwater Regulations 8 Utilities Regulations 35 340 RESIDENTIAL MOBILE HOME ZONING DISTRICT REGULATIONS 1 Residential Mobile Home zoning districts shall be permitted only on land designated as Future Land Use category Single Family Residential in the Comprehensive Plan. 2 Uses in Residential Mobile Home zoning districts shall be subject to the following Regulations: 341 PERMITTED USES The following principal uses and structures are permitted: 1 Mobile home subdivision, with 1 mobile home per lot 2 Mobile home park, with 1 mobile home per lot 3 Hurricane shelter 4 Public and private schools 5 House or worship, on a lot at least 5 acres 6 • Open space 7 Public facility or use 342 SPECIAL EXCEPTION USES The following uses and structures are permitted after issuance of a special exception use petition and may have additional conditions imposed at time of approval: 1 Adult Family Care Homes or Assisted Living Facilities as provided by Law 2 Day care center 3 House of worship on a lot less than 5 acres 4 Recreation vehicle park for transient recreation use only 5 Off- street parking and access to a commercial enterprise in a commercial zoning district 6 Community center 7 Indoor recreation 8 Outdoor recreation 9 Golf course 10 Public utility 343 CUSTOMARY ACCESSORY USES Each permitted principal use and special exception use is also permitted to have the customary accessory uses for that use. 344 LOT AND STRUCTURE REQUIREMENTS Except where further restricted by these Regulations for a particular use, minimum requirements shall be: 36 1 Minimum Area a Mobile home park Area 10 acres b Mobile home subdivision Area 10 acres c Recreation vehicle park Area 10 acres 2 Minimum Lot Area a Mobile home: Area 5,000 square feet Width 50 feet Other permitted principal uses: Area 10,000 square feet Width 100 feet 3 Minimum Yard Requirements Except where a greater distance is required by these Regulations for a particular use, minimum yard setbacks shall be as follows: District yard minimum: 20 feet on all property boundaries Mobile home: Front 20 feet Side 10 feet Rear 10 feet Other permitted principal uses: Front 25 feet Side 20 feet Rear 20 feet 4 Maximum Lot Coverage by All Buildings Maximum Coverage Mobile home, Recreation vehicle 50 percent Other permitted principal uses: 30 percent Maximum Impervious Surface 50 percent 50 percent 5 Maximum Height of Structures Except where further restricted by these Regulations for a particular use, maximum height shall be as follows: All uses: 30 feet 345 ADDITIONAL REGULATIONS Additional Regulations which shall apply to all uses include but are not limited to: 1 Concurrency Regulations 2 Parking and loading Regulations 3 Landscaping Regulations 4 Sign Regulations 5 Accessory use Regulations 6 Supplementary use Regulations T Environmental and stormwater Regulations 8 Utilities Regulations 37 350 RESIDENTIAL MULTIPLE FAMILY ZONING. DISTRICT REGULATIONS 1 Residential Multiple Family zoning districts shall be permitted only on land designated as Future Land Use category Multi - Family Residential in the Comprehensive Plan. 2 Uses in Residential Multiple Family zoning districts shall be subject to the following Regulations: 351 PERMITTED USES The following principal uses and structures are permitted: 1 Single family dwelling, Zero lot line single family dwelling 2 Two family dwellings 3 Multiple family dwellings 4 Public and private schools 5 House of worship, on a lot at least 5 acres 6 Open space 7 Public facility or use 352 SPECIAL EXCEPTION USES The following uses and structures are permitted after issuance or a special exception use petition and may have additional conditions imposed at time of approval: 1 Guest house, provided the lot area shall be not less than 12,500 square feet 2 Boarding house 3 Group home 4 Day care center 5 House of worship, on a lot less than 5 acres 6 Off- street parking and access to a commercial enterprise in a commercial zoning district 7 Community center 8 Indoor recreation 9 Outdoor recreation 10 Public utility 11 Permitted uses in excess of 45 feet in height 12 Residential migrant housing facility 13 Adult Family Care Homes or Assisted Living Facilities as provided by Law The City, in the interest of aesthetics, health, safety and welfare of the general population, deems it desirable and necessary to define and set forth the minimum requirements to obtain a special exception for residential migrant housing facilities. a Any application for special exception for residential migrant housing facility shall also include the following additional information. b The applicant shall submit a site plan which shall include floor plans showing the size and dimensions of all rooms, and list the maximum number of persons who may occupy each structure pursuant to the provisions of Florida Statutes 381.008, or other applicable State or 38 a Any application for special exception for residential migrant housing facility shall also include the following additional information. b The applicant shall submit a site plan which shall include floor plans showing the size and dimensions of all rooms, and list the maximum number of persons who may occupy each structure pursuant to the provisions of Florida Statutes 381.008, or other applicable State or Federal provisions. Such application shall include a State permit to operate a migrant housing facility pursuant to F.S. 381.0081. c The owner of the facility shall submit an affidavit stating that the facility shall be inhabited solely by individuals and their families who are migrant farm workers employed in active agricultural operations, together with the name and location of such operation; and that the facility shall not be inhabited on a year round basis, except that singe individual or family may occupy the facility year round if they act as caretakers under a contract therefore with the owner. The facility shall not house a number of persons in excess of dwelling unit densities for affordable housing set out in Section 306 of these Regulations. No migrant facility shall be located closer than one (1) mile from any other licensed migrant facility, and no migrant facility shall be located within one thousand (1,000) feet of any church, or school. Any migrant facility shall comply with all other Regulations and land use Regulations for density, set backs or other requirements of this zoning classification. 353 CUSTOMARY ACCESSORY USES Each permitted principal use and special exception use is also permitted to have the customary accessory uses for that use. 354 LOT AND STRUCTURE REQUIREMENTS Except where further restricted by these Regulations for a particular use, minimum requirements shall be: 1 Minimum Lot Area a Single family dwelling and Zero lot line single family dwelling: Two family dwellings: Multiple family dwellings: d Other permitted uses: Area Width area Width Area Width Area Width 6,250 square feet 50 feet 6,250 square feet for each dwelling unit 100 feet 4,356 square feet for each dwelling unit 100 feet 10,000 square feet 100 feet 2 Minimum Yard Requirements Except where a greater distance is required by these Regulations for a particular use, minimum yard setbacks shall be as follows: a Single family dwelling, and Two Family dwellings: Zero lot line single family dwelling: Front 25 feet Side 10 feet Rear 10 feet Side 15 feet and 0 feet 39 b Multiple family dwellings, and Other permitted uses: Front 25 feet Side 20 feet Rear 20 feet 3 Maximum Lot Coverage by All Buildings Maximum Coverage Maximum Impervious Surface a Residential uses: 40 percent 60 percent b Other permitted principal uses: 30 percent 60 percent 4 Maximum Height of Structures Except where further restricted by these Regulations for a particular use, maximum height shall be as follows: All uses: 45 feet, unless a special exception is granted 355 ADDITIONAL REGULATIONS Additional Regulations which shall apply to all uses include but are not limited to: 1 Concurrency Regulations 2 Parking and loading Regulations 3 Landscaping Regulations 4 Sign Regulations 5 Accessory use Regulations 6 Supplementary use Regulations 7 Environmental and stormwater Regulations 8 Utilities Regulations 40 360 COMMERCIAL PROFESSIONAL AND OFFICE ZONING DISTRICT REGULATIONS 1 Commercial Professional and Office zoning districts shall be permitted only on land designated as Future Land Use category Commercial in the Comprehensive Plan. 2 Uses in Commercial Professional and Office zoning districts shall be subject to the following Regulations: 362 PERMITTED USES Subject to the limitations that no retail sales, or display or storage of merchandise, and no manufacture or mechanical repair work shall be permitted, and no trucks larger than three quarter ton capacity shall be used; the following principal uses and structures are permitted: 1 Professional office, Business office, Medical office 2 Funeral home 362 SPECIAL EXCEPTION USES The following uses and structures are permitted after issuance of a special exception use petition and may have additional conditions imposed at time of approval: 1 Day care center 2 Barber, Beauty shop 3 Cafe 4 Business school 5 Private club 6 House of worship 7 Public facility and use 8 Public utility 9 Permitted uses in excess or 45 feet in height 363 CUSTOMARY ACCESSORY USES Each permitted principal use and special exception use is also permitted to have the customary accessory uses for that use. 364 LOT AND STRUCTURE REQUIREMENTS Except where further restricted by these Regulations for a particular use, minimum requirements shall be: 1 Minimum Lot Area All uses: Area 6,250 square feet Width 50 feet 2 Minimum Yard Requirements Except where a greater distance is required by these Regulations for a particular use, minimum yard setbacks shall be as follows: 41 a All uses: Front 20 feet to buildings; 10 feet to parking and driveway Side 8 feet 20 feet abutting residential zoning district Rear 10 feet; 20 feet abutting a residential zoning district b The width of an adjacent street or alley may be applied to the increased setback required when abutting a residential district 3 Maximum Lot Coverage by All Buildings Maximum Coverage All uses: 50 percent Maximum Impervious Surface 60 percent 4 Maximum Height of Structures Except where further restricted by these Regulations for a particular use, maximum height shall be as follows: All uses: 45 feet, unless a special exception is granted 365 ADDITIONAL REGULATIONS Additional Regulations which shall apply to all uses include use are not limited to: 1 Concurrency Regulations 2 Parking and loading Regulations 3 Landscaping Regulations 4 Sign Regulations 5 Accessory use Regulations 6 Supplementary use Regulations 7 Environmental and stormwater Regulations 8 Utilities Regulations 42 370 LIGHT COMMERCIAL ZONING DISTRICT REGULATIONS 1 Light Commercial zoning districts shall be permitted only on land designated as Future Land Use category Commercial in the Comprehensive Plan. 2 Uses in Light Commercial zoning districts shall be subject to the following Regulations: 371 PERMITTED USES The following principal uses and structures are permitted: 1 Professional office, Business office, Medical office 2 Retail store, Retail service 3 Personal service 4 Craft studio 372 SPECIAL EXCEPTION USES The following uses and structures are permitted after issuance of a special exception use petition and may have additional conditions imposed at time of approval: 1 Restaurant, Cafe 2 Dry cleaner, Laundry 3 Private club, Night club 4 Business school 5 Radio, Television or cable reception, transmission or operational facilities 6 Commercial indoor recreation 7 Commercial parking garage or lot, Taxi stand 8 Outdoor vehicle sales lot 9 House of worship 10 Marina, Dock, Pier 11 Enclosed Storage 12 Public facility or use 13 Public utility 14 Permitted uses in excess of 45 feet in height 15 One dwelling unit per commercial building, not exceeding 2 bedrooms or 800 square feet 16 Group home 373 CUSTOMARY ACCESSORY USES Each permitted principal use and special exception use is also permitted to have the customary accessory uses for that use. 43 374 LOT AND STRUCTURE REQUIREMENTS Except where further restricted by these Regulations for a particular use, minimum requirements shall be: 1 Minimum Lot Area All uses: Area 6,250 square feet Width 50 feet 2 Minimum Yard Requirements Except where a greater distance is required by these Regulations for a particular use, minimum yard setbacks shall be as follows: a All uses: Front 20 feet to buildings; 10 feet to parking and driveway Side 8 feet; 20 feet abutting residential zoning district Rear 10 feet; 20 feet abutting a residential zoning district b The width of an adjacent street or alley may be applied to the increased setback required when abutting a residential district. 3 Maximum Lot Coverage by All Buildings Maximum Coverage All uses: 50 percent Maximum Impervious Surface 85 percent 4 Maximum Height of Structures Except where further restricted by these Regulations for a particular use, maximum height shall be as follows: All uses: 45 feet, unless a special exception is granted 375 ADDITIONAL REGULATIONS Additional Regulations which shall apply to all uses include but are not limited to: 1 Concurrency Regulations 2 Parking and loading Regulations 3 Landscaping Regulations 4 Sign Regulations 5 Accessory use Regulations 6 Supplementary use Regulations 7 Environmental and stormwater Regulations 8 Utilities Regulations 44 380 HEAVY COMMERCIAL ZONING DISTRICT REGULATIONS 1 Heavy Commercial zoning districts shall be permitted only on and designated as Future Land Use category Commercial in the Comprehensive Plan. 2 Uses in Heavy Commercial zoning districts shall be subject to the following Regulations: 381 PERMITTED USES The following principal uses and structures are permitted: 1 Professional office, Business office, Medical office 2 Retail service, Retail store including outdoor display of merchandise 3 Restaurant, Cafe 4 Personal service 5 Dry cleaner, Laundry 6 Funeral home 7 Hotel, Motel 8 Private club, Night club 9 Craft studio 10 Business school 11 Commercial indoor recreation 12 Commercial parking garage or lot, Taxi stand, Bus terminal 382 SPECIAL EXCEPTION USES The following uses and structures are permitted after issuance Of a special exception use petition and may have additional conditions imposed at time of approval: 1 Drive through service 2 Auto service station, Car wash 3 Wholesale, Warehouse not including bulk storage of flammable liquids 4 Enclosed warehouse and storage 5 Outdoor sales and storage, Building trades contractor 6 Flea market 7 Mechanical and repair services 8 Commercial outdoor recreation 9 Veterinary service 10 Crematory 11 Marina, Dock, Pier 45 12 Recreational vehicle park, for transient recreation use 13 Radio, Television or cable reception, transmission or operational facilities 14 Public facility or use 15 Public utility 16 Permitted uses in excess of 45 feet in height 17 One dwelling unit per commercial building, not exceeding 2 bedrooms or 800 square feet 18 Outdoor vehicle sales lot 383 CUSTOMARY ACCESSORY USES Each permitted principal use and special exception use is also permitted to have the customary accessory uses for that use. 384 LOT AND STRUCTURE REQUIREMENTS Except where further restricted by these Regulations for a particular use, minimum requirements shall be: 1 Minimum Lot Area All uses: Area 6,250 square feet Width 50 feet 2 Minimum Yard Requirements Except where a greater distance is required by these Regulations for a particular use, minimum yard setbacks shall be as follows: a All uses: Front 20 feet to buildings; 10 feet to parking and driveway Side 8 feet; 20 feet abutting residential zoning district Rear 10 feet; 20 feet abutting a residential zoning district The width of an adjacent street or alley may be applied to the increased setback required when abutting a residential district. 3 Maximum Lot Coverage by All Buildings Maximum Coverage All uses: 50 percent Maximum Impervious Surface 85 percent 4 Maximum Height of Structures Except where further restricted by these Regulations for a particular use, maximum height shall be as follows: All uses: 45 feet, unless a special exception is granted 385 ADDITIONAL REGULATIONS Additional Regulations which shall apply to all uses include out are not limited to: 1 Concurrency Regulations 2 Parking and loading Regulations 3 Landscaping Regulations 46 4 Sign Regulations 5 Accessory use Regulations 6 Supplementary use Regulations 7 Environmental and stormwater Regulations 8 Utilities Regulations 47 390 CENTRAL BUSINESS ZONING DISTRICT REGULATIONS 1 Central Business zoning districts shall be permitted only on land designated as Future Land Use category Commercial in the Comprehensive Plan. 2 Uses in Central Business zoning districts shall be subject to the following Regulations: 391 PERMITTED USES The following principal uses and structures are permitted: 1 Professional office, Business office, Medical office 2 Retail service, Retail store including outdoor display of merchandise 3 Restaurant, Cafe 4 Personal service 5 Dry cleaner, Laundry 6 Private club, Night club 7 Craft studio 8 Business school 9 Commercial indoor recreation 10 Commercial parking garage or lot 392 SPECIAL EXCEPTION USES The following uses and structures are permitted after issuance or a special exception use petition and may have additional conditions imposed at time of approval: 1 Drive - through service 2 Auto service station, Car wash 3 Radio, television or cable reception, transmission or operational facilities 4 Mechanical and repair services 5 House of worship 6 Marina, Dock, Pier 7 Public facility or use 8 Public utility 9 Permitted uses in excess of 45 feet in height 10 One dwelling unit per commercial building, not exceeding 2 bedrooms or 800 square feet 11 Outdoor vehicle sales lot 393 CUSTOMARY ACCESSORY USES Each permitted principal use and special exception use is also permitted to have the customary accessory uses for that use. 48 394 LOT AND STRUCTURE REQUIREMENTS Except where further restricted by these Regulations for a particular use, minimum requirements shall be: 1 Minimum Lot Area All uses: Area As needed to comply with requirements set out herein Width None 2 Minimum Yard Requirements Except where a greater distance is required by these Regulations for a particular use, minimum yard setbacks shall be as follows: All uses: Front None Side None or at least 8 feet; 20 feet abutting residential zoning district Rear None; 20 feet abutting a residential zoning district The width of an adjacent street or alley may be applied to the increased setback required when abutting a residential district. 3 Maximum Lot Coverage by All Buildings Maximum Coverage All uses: 85 percent Maximum Impervious Surface 100 percent 4 Maximum Height of Structures Except where further restricted by these Regulations for a particular use, maximum height shall be as follows: All uses: 45 feet, unless a special exception is granted 5 Maximum Floor Area Ratio All uses: 3 395 ADDITIONAL REGULATIONS Additional Regulations which shall apply to all uses include but are not limited to: 1 Concurrency Regulations 2 Parking and Loading Regulations 3 Landscaping Regulations 4 Sign Regulations 5 Accessory Regulations 6 Supplementary Regulations 7 Environmental and Stormwater Regulations 8 Utilities Regulations 9 Building Design Guidelines 49 400 INDUSTRIAL ZONING DISTRICT REGULATIONS 1 Industrial zoning districts shall be permitted only on land designated as Future Land Use category Industrial in the Comprehensive Plan. 2 Uses in Industrial zoning districts shall be subject to the following Regulations: 401 PERMITTED USES The following principal uses and structures are permitted: 1 Business office 2 Business school 3 Retail service, Retail store including outdoor display of merchandise 4 Research laboratory 5 Manufacturing, Processing, except those which produce explosives 6 Mechanical and repair services 7 Bulk storage of non - hazardous material 8 Off -site sign 9 Outdoor sales and storage, Building contractor 10 Wholesale sales and distribution 11 Enclosed warehouse and storage 12 Commercial laundry, Dry cleaner 13 Printing 14 Auto service station, Car wash 15 Drive - through service 16 Parking garage, Parking lot 17 Radio, television or cable reception, transmission or operational facilities 18 Veterinary service 19 Railroad facilities 20 Public utility 21 Public facility 402 SPECIAL EXCEPTION USES The following uses and structures are permitted after issuance of a special exception use petition and may have additional conditions imposed at time of approval: 1 Manufacturing chemical or leather products 2 Bulk storage of hazardous material and flammable liquid 50 3 Salvage yard 4 Other industrial uses not listed 5 Cafe 6 Crematory 7 Adult entertainment. Fortune teller. Notwithstanding any other provision of these land development Regulations, business establishments subject to this special exception use may not be permitted in any area of the City, except that such establishments are permitted as a special exception use in industrial zoning, if all other conditions of Ordinance No. 720 are met, and as hereafter provided: Distance minimums. In addition to the requirements of Ordinance No. 720, an adult establishment shall not be permitted to open, operate or be enlarged so as to come within the following distances: (1) (2) (3) (4) (5) (6) (7) (8) 1,000 feet of a pre- existing adult entertainment establishment. 1,000 feet of a pre- existing commercial establishment that in any manner sells or dispenses alcoholic beverages for on or off - premises consumption. 1,000 feet of a pre- existing religious institution. 1,000 feet of a pre- existing educational institution. 500 feet of an area zoned within the City for any classification of residential use. 500 feet of an are designated as residential on the future land use map of the City's Comprehensive Plan. 500 feet of the property line of a pre- existing residence. 1,000 feet of a pre- existing park. b Supplemental alcoholic beverage Regulations. The zoning and distance requirements of this section are independent of, and do not supercede, the distance requirements for alcoholic beverage establishments as are provided by Chapter 3, Code of Ordinances. c Measurement of Distances. The distance from a proposed or existing adult entertainment establishment to a pre- existing adult entertainment establishment; commercial establishment that sells or dispenses alcohol for on or off premises consumption; religious institution; educational institution; residential use or classification; or park, shall be measured by drawing a straight line between the closes property liens of the proposed adult entertainment establishment and the uses outlined in Sections 1 -8 above. d Variances Prohibited. The Board of Adjustment and Appeals shall not vary the distance restrictions imposed by this section. 8 Permitted uses in excess of 45 feet in height 9 Outdoor vehicle sales lot 403 CUSTOMARY ACCESSORY USES Each permitted principal use and special exception use is also permitted to have the customary accessory uses for that use. 404 LOT AND STRUCTURE REQUIREMENTS Except where further restricted by these Regulations for a particular use, minimum requirements shall be: 51 1 Minimum Lot Area All uses: Area As needed to comply with requirements set out herein Width None 2 Minimum Yard Requirements Except where a greater distance is required by these Regulations for a particular use, minimum yard setbacks shall be as follows: All uses: Front 25 feet Side 15 feet; 40 feet abutting residential zoning district Rear 20 feet 40 feet abutting residential zoning district 3 Maximum Lot Coverage by All Buildings Maximum Coverage All uses: 50 percent Maximum Impervious Surface 85 percent 4 Maximum Height of Structures Except where further restricted by these Regulations for a particular use, maximum height shall be as follows: All uses: 45 feet, where workers are employed, unless a special exception is granted 100 feet, where normally there are no workers 405 ADDITIONAL REGULATIONS Additional Regulations which shall apply to all uses include but are not limited to: 1 Concurrency Regulations 2 Parking and Loading Regulations 3 Landscaping Regulations 4 Sign Regulations 5 Accessory use Regulations 6 Supplementary use Regulations 7 Environmental and stormwater Regulations 8 Utilities Regulations 52 410 PUBLIC USE ZONING DISTRICT REGULATIONS 1 Public Use zoning districts shall be permitted only on land designated as Future Land Use category Public Facilities in the Comprehensive Plan. 2 Uses in Public Use zoning districts shall be subject to the following Regulations: 411 PERMITTED USES The following principal uses and structures are permitted: Public facility or use 412 SPECIAL EXCEPTION USES 1 Public utility 2 Permitted uses in excess of 45 feet in height 3 Group home 413 CUSTOMARY ACCESSORY USES Each permitted principal use and special exception use is also permitted 414 LOT AND STRUCTURE REQUIREMENTS Except where further restricted by these Regulations for a particular use, 1 Minimum Lot Area All uses: Area As needed to comply with requirements Width None accessory uses for that use. minimum requirements shall be: set out herein 2 Minimum Yard Requirements All uses: Front 25 feet Side 15 feet; 40 feet in or abutting residential zoning district Rear 20 feet; 40 feet in or abutting residential zoning district 3 Maximum Lot Coverage by All Buildings Maximum Coverage Maximum Impervious Surface All uses: 50 percent 85 percent 4 Maximum Height of Structures Except where further restricted by these Regulations for a particular use. maximum height shall be as follows: All uses: 45 feet, unless a special exception is granted 415 ADDITIONAL REGULATIONS Additional Regulations which shall apply to all uses include but are not limited to: 1 Concurrency Regulations 2 Parking and loading Regulations 53 3 Landscaping Regulations 4 Sign Regulations 5 Accessory use Regulations 6 Supplementary use Regulations 7 Environmental and stormwater Regulations 8 Utilities Regulations 54 430 PLANNED UNIT DEVELOPMENT DISTRICT REGULATIONS 1 Provision is made for Planned Unit Development (PUD) zoning districts in which diverse residential, commercial, institutional or recreation uses may be brought together under a unified plan of development which is in the interest and general welfare of the public. 2 PUD zoning districts shall be permitted only on land designated as Future Land Use categories Single Family or Multi- Family Residential in the Comprehensive Plan. 3 A conceptual site plan of the proposed development shall be submitted and approved prior to a change in zone to either a Single Family or a Multi- Family Residential PUD zoning district, subject to the following Regulations. 431 PERMITTED USES The following principal uses and structures are permitted: 1 Single family dwelling, Zero lot line single family dwelling 2 Two family dwelling 3 Multiple family dwelling 4 Adult Family Care Homes or Assisted Living Facilities 5 Day care center, Nursing home 6 Professional office, Business office, Medical office 7 Retail store, Retail service 8 Restaurant 9 Personal service, Dry cleaner 10 Mechanical and repair services 11 Auto service station 12 Private club, Night club 13 Hotel, Motel 14 Mobile home park 15 Recreational vehicle park 16 Craft studio 17 Business school 18 Commercial indoor recreation 19 Outdoor recreation, Commercial outdoor recreation, Golf course 20 Marina 21 Community center 22 School 23 House of worship 55 24 Public facility or use 25 Open space 26 Public utility 432 SPECIAL EXCEPTION USES 1 Permitted uses in excess of 45 feet in height 433 CUSTOMARY ACCESSORY USES Each permitted principal use is also permitted to have the customary accessory uses for that use. 434 AREA, LOT AND STRUCTURE REQUIREMENTS 1 Minimum PUD Area Minimum size of a Planned Unit Development zoning district shall be: 5 acres 2 Maximum PUD Density Following are the maximum densities permitted: Residential Zoning District Type of Housing_ Single Family PUD Conventional Single Family PUD Affordable housing programs Single Family PUD Mobile home park Multi- Family PUD Conventional all housing types Multi- Family PUD Affordable programs all housing types Commercial PUD Recreation vehicle park 3 Minimum Lot Area All uses: Area As appropriate to the use Width As appropriate to the use 4 Minimum Yard Requirements PUD district yard minimum: 20 feet on all property boundaries All uses: Front As appropriate to the use Side As appropriate to the use Rear As appropriate to the use 5 Maximum Lot Coverage Maximum Coverage All uses: 40 percent Maximum Gross Density 4 dwelling units per acre 5 dwelling units per acre 6 dwelling units per acre 10 dwelling units per acre 11 dwelling units per acre 15 RV lots per acre Maximum Impervious Surface 60 percent 6 Maximum Height of Structures Except where further restricted by these Regulations for a particular use, maximum height shall be as follows: All uses: 45 feet, unless a special exception is granted 435 ADDITIONAL REGULATIONS Additional Regulations which shall apply to all uses include but are not limited to: 56 1 Concurrency Regulations 2 Parking and loading Regulations 3 Landscaping Regulations 4 Sign Regulations 5 Accessory use Regulations 6 Supplementary use Regulations 7 Environmental and stormwater Regulations 8 Utilities Regulations 57 450 PARKING AND LOADING REGULATIONS Off- street parking and loading facilities shall be indicated on a site plan and provided in accord with the following Regulations. 451 COMPUTATION OF REQUIRED OFF-STREET PARKING AND LOADING SPACES 1 Computation of parking spaces shall be rounded up or down to the nearest whole number. 2 Computation of parking spaces based on floor area requirements shall be gross floor area. 3 Computation of parking spaces in places of public assembly, shall be based on the maximum occupancy rating given the building by the fire marshall. 4 Computation of parking spaces based on number of employees shall be at maximum work shift. 5 Spaces for the handicapped are included in the computations of total parking spaces. 6 Parking spaces for two or more businesses may be combined provided the total number or spaces shall not be less than the sum of required spaces computed separately. Where it can be demonstrated that the need for parking spaces from specific uses do not overlap in time, the number of spaces may be reduced by the number required by the lesser use. 7 Loading spaces for two or more businesses may be combined provided the total number of loading spaces shall not be less than the sum of required spaces computed separately. 8 When a building or use is changed, or enlarged in floor area, the off - street parking and loading spaces as herein required shall be provided for those changed or enlarged uses. 452 MODIFICATION OF PARKING AND LOADING SPACE REQUIREMENTS 1 The number of spaces may be increased, decreased or deferred by City Council when: a A parking study demonstrates that the proposed use would have a demand in excess or, or Tess than, the requirements of these Regulations. b A parking study demonstrates that the hours of need for maximum parking for two or more joint uses do not normally overlap. c A building is in an historic district or is of historic interest. d A building in the Commercial Business District. 2 City Council may require the applicant to provide a parking study when the Technical Review Committee presents data indicating that an increase or decrease in the number of parking spaces may be warranted. 3 An applicant may submit a parking study to demonstrate that either the parking or loading space Regulations are excessive for the use proposed, or there is not a current need for all spaces. 4 A parking study requesting deferral of parking spaces shall contain: 58 a A site plan locating the total required parking spaces and designating the deferred spaces, and a landscaping plan of the deferred parking area. b A written agreement with the City that the developer will pay for a study to determine the need to provide the full parking requirement, and that the deferred spaces will be converted to parking spaces at the developer's expense should the City determine that additional spaces are needed. 5 Number of parking spaces shall not be reduced below these requirements where there is insufficient parking. 453 REDUCTION OF PAVED PARKING SPACE REQUIREMENTS 1 The number of paved spaces may be reduced by City Council when a parking study demonstrates that the proposed use normally would have a demand for the total required parking spaces only on one or two days a week. 2 Paved parking spaces shall not be reduced by more than 75 percent. 454 REDUCTION OF PARKING SPACE REQUIREMENTS IN COMMERCIAL DISTRICTS 1 in Commercial zoning districts, City Council may reduce the number of parking spaces if the Technical Review Committee finds that there is a surplus of on- street parking in the immediate vicinity of the proposed use that is not required by other uses. 2 City Council may require the applicant to provide a parking study, and may attach conditions to an approved parking space reduction. 3 In the CBD the number of parking spaces shall not be reduced by more than 80 percent. 4 In other Commercial districts the number of parking spaces shall not be reduced by more than 20 percent. 59 460 DESIGN STANDARDS FOR OFF - STREET PARKING AND LOADING 461 PARKING AND LOADING SPACE LOCATION 1 Except as provided herein, required off - street parking and loading spaces shall be located on the same parcel as the primary use. 2 City Council may approve off -site parking facilities if the Technical Review Committee finds that the location of the off site facility will adequately serve the use for which it is intended, and if the applicant submits a written agreement to the City assuring the continued availability of the off -site facility for parking use. 462 PARKING SPACE SIZE Minimum parking space shall be 9 feet wide by 20 feet long; handicapped as defined by State Handicap Code Accessibility. 463 LOADING SPACE SIZE Minimum loading space shall be 10 feet wide by 30 feet long, with 14 feet vertical clearance. 464 PARKING ACCESS DRIVEWAY WIDTH 1 Single family residence minimum driveway width shall be at least 8 feet. 2 For all other uses the minimum driveway width shall be: Parking spaces between 75° and 90° angles to the driveway, 24 feet. Parking spaces any other angle to the driveway, 20 feet. 465 PARKING AND LOADING SPACE LAYOUT 1 Except for single family dwellings and places of public assembly or worship, each parking and loading space shall be paved. 2 Except for single family dwellings, each parking or loading space shall open directly onto driveway that is not a public street, and each parking space shall be designed to permit access without moving another vehicle. 3 Buildings, parking and loading areas, landscaping and open spaces shall be designed so that pedestrians moving between parking areas and buildings are not unreasonably exposed to vehicular traffic hazards. 4 Paved pedestrian walks shall be provided along the lines of the most intense use, particularly between building entrances to streets, parking areas, and adjacent buildings. 5 Loading facilities shall be identified as to purpose and location when not clearly evident. 60 470 OFF- STREET PARKING SPACE REGULATIONS Parking spaces required: 471 RESIDENTIAL USES Single or Two Family Dwelling Multiple Family 1 bedroom Multiple Family 2 bedrooms Multiple Family 3 - 4 bedrooms Mobile Home Park Adult/Assisted Living Facilities 472 COMMERCIAL USES Shopping center, Retail store or service Furniture or Appliance store Professional office, Business office, Medical Office Nursery, Lumber yard Restaurant, Night club Barber, Beauty shop Hotel, Motel Auto service, Repair or Wash Automobile sales 473 ENTERTAINMENT AND RECREATION USES Private Club Health Club Tennis, Racquet or Handball Court Theater Indoor recreation Golf Driving Range Golf Course Marina 474 INSTITUTIONAL USES Government office Place of public assembly or worship Hospital Nursing Home Junior High School Senior High School College Day Care, Preschool, Nursery 2 per dwelling 1.75 per dwelling 2 per dwelling 2.25 per dwelling 2.25 per dwelling per unit or bedroom 1 per unit or bedroom 1 per 300 square feet of floor area 1 per 500 square feet of floor area 1 per 300 square feet of floor area 1 per 180 square feet of floor area 1 per 250 square feet of floor area 1 per 75 square feet or floor area 2 per service chair 1 per bedroom, plus 5 spaces, plus accessory uses 1 per 1 50 square feet of floor area 1 per 400 square feet of floor area 1 per 300 square feet of floor area 1 per 150 square feet of floor area, include pool 2 per court, plus accessory uses 1 per 3 seats, plus 5 spaces 1 per 200 square feet of floor area, plus accessory uses 1 per tee, plus accessory uses 6 per hole, plus accessory uses 2 per 3 boats slips, plus storage for trailers and boats 1 per 200 square feet of floor area 1 per 3 persons in main auditorium 1 per 1 bed 1 per 4 beds, plus 1 for each employee at maximum shift 3 per classroom 1 per 6 students, plus 1 space per staff member 1 per 3 students, plus 1 space per staff member 1 per 5 students, plus 1 space per staff member In lieu of student parking, day care, preschool and nurseries may provide an off - street drop -off and pick -up area. 475 INDUSTRIAL USES Industrial, Warehouse 1 per 1,000 square feet of floor area up to 20,000 square feet, plus 1 per 2,000 square feet of floor area to 40,000 square feet, plus 61 1 per 4,000 square feet of floor area over 40,000 square feet 476 USE NOT SPECIFICALLY LISTED Parking spaces shall be the same as required for the most similar listed use. 62 480 OFF- STREET LOADING SPACE REQUIREMENT REGULATIONS Loading spaces required: 481 RESIDENTIAL USES Multiple family, Adult/Assisted Living Facilities 1 for 20 to 50 dwelling units, plus 1 for each additional 50 dwelling units 482 COMMERCIAL AND INDUSTRIAL USES Commercial, Industrial 1 for 5,000 to 25,000 square feet floor area, plus 1 for 25,000 to 60,000 square feet floor area, plus 1 for 60,000 to 120,000 square feet floor area, plus 1 for 120,000 to 200,000 square feet floor area, plus 1 for each additional 90,000 square feet floor area. Except that each Restaurant, Convenience store, and Food store shall have at least 1 loading space. 483 ENTERTAINMENT AND RECREATION USES Entertainment, Recreation 1 for 10,000 to 40,000 square feet floor area, plus 1 for each additional 60,000 square feet floor area 484 INSTITUTIONAL AND OTHER SPECIFIED USES Institution, Government office, 1 for 10,000 to 40,000 square feet floor area, plus Place of public assembly, Hospital, 1 for each additional 60,000 square feet floor area Hotel, Motel 485 USE NOT SPECIFICALLY LISTED Loading spaces shall be the same as required or the most similar listed use. 63 500 LANDSCAPE REGULATIONS Landscaping and landscape buffers shall be indicated on a site plan and provided in accord with the following Regulations. 501 RESIDENTIAL TREE PLANTING LANDSCAPE REGULATIONS Following are the number of trees required: Multiple Family 1 bedroom Multiple Family 2 to 4 bedrooms Mobile Home Park or Subdivision Adult/Assisted Living Facilities, Nursing Home 2 trees per dwelling 3 trees per dwelling 2 trees per dwelling 1 tree per 2 units or bedrooms 502 NON- RESIDENTIAL TREE & SHRUB PLANTING LANDSCAPE REGULATIONS Following are the number of trees and shrubs required to be planted: 1 Landscaping material required under this section may be used to satisfy the standards for landscape materials listed under Parking Area and Landscape Buffer Planting Standards. 2 At least 1 tree and 3 shrubs shall be planted for every 3,000 square feet of non - residential lot, excluding areas of existing vegetation which are preserved. 503 NON- RESIDENTIAL PARKING AREA LANDSCAPE REGULATIONS Parking areas with a single access lane do not need to be landscaped. Parking areas with more than one access lane shall be landscaped as follows: 1 At least 18 square feet of landscaped area for each required parking space. 2 At least 1 tree for each 72 square feet of required landscaped area. 3 Shade trees shall be planted at no more than 20 feet on centers near the intersection point of parking spaces. 4 Minimum dimension for any required landscaped area with a parking area shall be 4 feet. 5 Remainder of a parking landscape area shall be landscaped with grass, ground cover, or other landscape material. 504 NON - RESIDENTIAL LANDSCAPE BUFFER REGULATIONS Landscape buffer areas shall be required within required setbacks and landscaped as follows: 1 Minimum width of buffer along: Street frontage: 10 feet. Other property lines: 2 feet. 2 At least 1 tree and 3 shrubs for each 300 square feet of required landscaped buffer. 3 Trees may be planted in clusters, but shall not exceed 50 feet on centers abutting street. 4 Remainder of a landscape buffer shall be landscaped with grass, ground cover, or other landscape material. 64 505 LANDSCAPE PLANTING IN DRY RETENTION AREAS Slopes of dry retention areas may be used to satisfy landscape requirements, provided that the landscape materials used are not adversely susceptible to periodic inundation. 506 PROTECTION OF NATIVE VEGETATIVE COMMUNITIES AND WETLANDS 1 Native vegetative communities shall be protected from adverse impacts of development. 2 Wetland buffers shall be at least 25 feet wide and shall be supplemented only with native trees, shrubs and ground cover. 510 LANDSCAPE DESIGN AND PLAN 1 Proposed development, vehicular and pedestrian circulation systems, and site drainage shall be integrated into the landscaping plan. 2 Existing native vegetation shall be preserved where feasible, and may be used in calculations to meet these landscaping requirements. 3 When more than 10 trees are required to be planted, 2 or more species shall be used. 4 Trees and shrubs shall not be planted in a location where at their maturity they would interfere with utility services. 5 Trees should maximize the shading of pedestrian walks and parking spaces. 6 Landscaping ground covers should be used to aid soil stabilization and prevent erosion. 7 Landscaping shall be protected from vehicular encroachment by means of curbs, wheel stops, walks or similar barriers. 511 ALTERNATIVE LANDSCAPE DESIGN AND PLAN 1 An applicant shall be entitled to demonstrate that the landscape and buffer requirements can be more effectively met by an Alternative Landscape Plan. 2 Upon review and recommendation of the Technical Review Committee, may approve an Alternative Landscape Plan. 512 NATIVE DROUGHT TOLERANT PLANT MATERIALS REQUIRED 1 Plants required to be installed shall be elected from the South Florida Water Management District's Xeriscape Plant Guide. 2 At least 75 percent of the total number of plants required shall be Florida native very drought tolerant species as listed in the South Florida Water Management District Xeriscape Plant Guide. However, when a landscape irrigation system is installed, at least 75 percent or the total number of plants required shall be Florida native moderate or very drought tolerant species. 65 3 Trees shall be at least 10 feet high and 2 inches in diameter measured 4 feet above ground level at time of planting. 513 LANDSCAPING MAINTENANCE 1 Sufficient top soil and water shall be provided during the plants' establishment periods to sustain healthy growth. 2 Plants shall be maintained in a healthy condition, and dead, severely damaged or diseased plants shall be replaced. 514 PROHIBITED PLANTS The following plants are deemed and declared to be a nuisance within the City of Okeechobee for existing development In addition, after development approval, the following plant species shall not be used to comply with Section 500, and shall not be planted: Melaleuca leucadendra (Punk Tree) Cupianopsis anacardiodes (Carrotwood) Albizzia lebbeck (Womans Tongue) Brassaia actinophylla (Schefflera) Ficus spp. (Non- native Ficus) Syzygium cumini (Java Plum) Schinus terebinthifolius (Brazilian Pepper) Dalbergia sissoo (Rose Wood) Araucaria heterophylla (Norfolk Pine) Enterolobium cycocarpum (Ear Tree) Grevilla robusta (Silk Oak) Melia azedarach (Chinaberry tree) 515 UTILITY CORRIDOR REQUIREMENTS 66 Casuarina spp. (Australian Pine) Bishofia javanica (Bishofia) Eucalyptus spp. (Eucalyptus Acacia auriculiformis (Earleaf Acacia)) Capium sebifrum (Chinese Tallow tree) 1 Landscaping near overhead electrical transmission or distribution lines; telephone lines; or cable television lines in both residential and non - residential areas shall follow the additional requirements of this section to minimize disruption or interference with such lines due to maturing vegetation. 2 No tree shall be planted where it could, at mature height, conflict with overhead utility lines. Larger trees (trees with a mature height of 30 feet or more) shall be planted no closer than a horizontal distance of 30 feet from the nearest overhead utility line. Medium trees (trees with a height of 20 -30 feet) shall be off -set at least 20 feet horizontally from the nearest overhead utility line. Small trees (trees with a mature height of less than 20 feet) shall not be required to meed a minimum off -set, except that no tree, regardless of size shall be planted within five feet of any existing or proposed utility pole, guy wire, pad mounted electrical transformer, or other utility transmission /collection structure equipment. 3 Palm trees with a maximum mature height great enough to interfere with overhead utility lines shall not be planted below overhead liens, and shall be located a minimum of two and one -half feet, plus the average mature frond length, outside of any utility right of way. The Public Works Department, together with the Florida Power and Light Company, shall maintain a list of trees typically found in the South - central Florida area that at mature growth heights could reasonable be expected to interfere with overhead utility lines. 4 Vines shall be a minimum of 30 inches in height at planting, and may ensued in conjunction with fences, screens, or walls to meet or create physical barriers. No vine however shall be planted or permitted to grow within utility easements or within five fee of any existing or proposed utility pole, guy wire or pad mounted transformer. 550 SIGN REGULATIONS Every sign erected on land, attached to a building, wall, fence, pole, tree or shrub, constructed, moved, replaced or substantially altered shall comply with these Regulations. Maintenance, repainting and changing copy shall not be considered a substantial alteration. 551 PERMIT AND PLAN REQUIRED Except as hereinafter provided, no sign shall be erected or substantially altered until a permit has been issued. Sign design, construction and location plans shall be submitted with a permit application. 552 PROHIBITED SIGNS The following signs are not permitted in any district: 1 Signs which due to their design, location, size, shape, color, lighting, movement or wording may impair public safety, including signs which: conflict with a traffic signal or government agency sign; obstruct or impair the vision of the public traveling on or entering a street, or in the street intersection vision triangle; interfere with use of a emergency exit or are attached to a fire hydrant. 2 Snipe sign and temporary off - premises sign providing direction to, or advertising a sale. 3 Sign erected in a public street or alley right-of-way, unless placed there by a government agency. 4 Sign on a private utility, unless placed there by the utility. 5 Sign attached to a tree or utility pole. 6 Sign that is obscene, indecent or immoral. 7 Sign which emits glare, sound, vapor, or odor. 8 Sign that causes unreasonable interference with radio, television or communication signals. 9 String of light bulbs on commercial or industrial property, excluding holiday decorations. 10 Moving or flashing sign, unless necessary for public safety. 11 Portable sign, except those permitted with a special use or by a temporary use permit. 555 SIGNS NOT REQUIRING PERMIT The following signs may be erected without a permit, subject to these Regulations: 556 SIGNS IN ANY LOCATION WHICH DO NOT REQUIRE A PERMIT 1 Signs erected by a government or public agency for public safety, welfare or information. 2 Signs to indicate danger, hazard or emergency to the public. 557 SIGNS ON PREMISES WHICH DO NOT REQUIRE A PERMIT 1 Signs inside a building. 67 2 Residence identification or mailbox sign, not exceeding 2 square feet 3 Professional name plate, not exceeding 3 square feet 4 Occupational sign denoting the name, street, number, and business of the occupant in a commercial building, not exceeding 3 square feet. 5 Directory sign, identifying the location of business occupants, not exceeding 1 square foot per business identified. 6 Identification sign and bulletin board for public or non - profit institution, not exceeding 12 square feet 7 Signs on private property directing traffic, relating to private parking, or warning against danger from animals or against trespassing, each not exceeding 4 square feet. 8 Memorial or commemorative sign, or building name and date of erection, when cut into masonry or a metal plate, not exceeding 8 square feet. 9 Non - structural, on -site sign consisting of letters or decoration applied to an awning, canopy or window, not exceeding a total of 10 square feet per business. 10 Sign incorporated into machinery or equipment by the manufacturer which identifies the equipment or product dispensed by the machine. 11 Subdivision name sign at subdivision entrance, containing no promotional material, not exceeding 20 square feet 558 TEMPORARY SIGNS ON PREMISES WHICH DO NOT REQUIRE A PERMIT 1 National, state institutional and entrepreneurial flags. 2 Decorative flags and bunting for celebration or commemoration of public significance, when authorized by the City. 3 National holiday and religious displays, each not exceeding 4 weeks in a year. 4 Temporary "For Sale" or "For Rent" sign on residential property, not exceeding 4 square feet. 5 Temporary construction project signs, identifying professionals and contractors engaged in the work, not exceeding 20 square feet, which shall be removed upon completion of construction. 6 Temporary election signs identifying candidates and their message, not exceeding 200 square feet, which shall be removed within 10 days after the election. 68 560 COMPUTING SIGN AREA The following Regulations shall apply to all signs: 1 Surface Sign Area When computing the area of a sign, it shall include all the entire area within the periphery of a geometric form comprising the display area of the sign. 2 Permissible Sign Area When computing the total permissible sign area for any use, existing signs shall be included, and the total area of all signs shall not exceed these Regulations. 3 Back To Back Signs Where two sign faces are placed back to back and are at no point more than 3 feet apart, the surface area of one side is counted. 565 SIGN SAFETY The following Regulations shall apply to all signs: 1 Every sign shall be designed and located in such a manner as to not impair public safety or welfare, not restrict clear vision between a pedestrian walk and a vehicular driveway, and not prevent access to any door, window or fire escape. 2 Signs on corner lots located within the visibility triangle shall be: Either placed behind the required front yard setback lines; Or the bottom of the sign shall be at least 10 feet above, or the top of the sign shall be less than 2 feet 6 inches above, the crown of the adjacent road. 3 Sign attached to a building may project not more than 5 feet over a sidewalk or pedestrian way and shall provide least 8 feet clearance above the walk. 4 Where non - residential property directly abuts a residential zoning district, signs visible from that property shall not be illuminated between 10 p.m. and 6 a.m. 566 SIGN MAINTENANCE Every sign and its supporting structure shall be either maintained in a safe condition and neat appearance or be completely removed. Illuminated signs shall be maintained in full working order. Painted and plastic signs shall be kept in good condition. Landscaping around ground signs shall be kept in healthy growing condition and free from debris. 567 REMOVAL OF SIGN Signs which are a hazard to traffic or public safety, or which encroach upon a public right-of-way, shall be removed within 3 days of issuance by the City of a notice to remove such sign, or the City shall remove the sign at the owner's expense and without notice. 69 570 SIGNS IN SINGLE AND MULTIPLE FAMILY RESIDENTIAL DISTRICTS The following Regulations shall apply to signs in Single and Multiple Family residential districts: 1 On a lot containing a permitted non - residential use, other than an accessory use, one identification wall sign not exceeding 12 square feet and one bulletin, wall or ground sign not exceeding 20 square feet for each street frontage, and if freestanding 10 feet in height. 2 On a subdivision of at least 4 acres, one non - illuminated ground advertising sign on each street frontage; each sign shall not exceed 100 square feet provided that such signs shall be removed when 95 percent of the individual lots or houses have been sold. 3 Home occupation may have one non - illuminated sign, not exceeding 1 square foot, mounted flat against the principal building. 4 No ground sign shall be located within 25 feet of an adjacent residential property line. 5 No portable sign shall be permitted. 571 SIGNS IN MULTIPLE FAMILY RESIDENTIAL DISTRICTS The following additional Regulations shall apply to signs in Multiple Family residential districts: 1 On a lot containing multiple residential dwellings, one identification wall sign not exceeding 32 square feet. 2 On a lot containing rented multiple residential dwellings one identification ground sign not exceeding 20 square feet and 10 feet in height. 3 Boarding house, day care center, one non - illuminated sign not exceeding 8 square feet, and if freestanding 10 feet in height. 572 SIGNS IN MOBILE HOME PARKS OR MOBILE HOME DISTRICTS The following Regulations shall apply to signs in Mobile Home parks or Mobile Home districts: 1 Mobile home park, one ground sign on each street frontage, not exceeding 24 square feet and 12 feet in height. 2 Mobile home subdivision, identification sign at each entrance, provided that each sign shall contain the subdivision name only and not exceed 100 square feet. 3 Mobile home subdivision, one non - illuminated ground advertising sign on each street frontage, each sign shall not exceed 100 square feet and provided that such signs shall be removed when 95 percent of the lots have been sold. 573 SIGNS IN PROFESSIONAL AND OFFICE DISTRICTS The following Regulations shall apply to signs in Professional and Office zoning districts: 1 Total area of all signs for an enterprise shall not exceed 1 square foot for each linear foot of property on a frontage street, plus 1 square foot for each 2 linear feet of property on side streets. 70 2 Three signs are permitted to advertise services on the premises, so long as there exist one business establishment and structure on the lot. 3 One ground sign is permitted in the front yard, and shall not exceed 50 square feet in sign area, 20 feet in height, nor be closer than 25 feet to a residential district. 4 These additional signs are prohibited: off - premises, portable, and wind signs. 574 SIGNS IN COMMERCIAL AND INDUSTRIAL DISTRICTS The following Regulations shall apply to signs in Commercial, Central Business and Industrial zoning districts: 1 Total area of all signs for an enterprise shall not exceed 1.5 square feet for each linear foot of property on a frontage street, plus 1 square foot for each linear foot of property on side streets. 2 Building and wall signs, and 1 ground sign are permitted to advertise services, and the sale or manufacture of products on the premises, so long as there exist one business establishment and structure on the lot. 3 One ground sign is permitted in the front yard, and shall not exceed 30 feet in height, nor be closer than 25 feet to a residential district. 575 SIGNS IN PUBLIC USE DISTRICTS The following Regulations shall apply to signs in Public Use districts: 1 Only signs erected by a governmental agency shall be permitted. 576 SIGNS FOR USES PERMITTED BY SPECIAL EXCEPTION USE PETITION The following Regulations apply to signs for uses permitted by special exception use petition: 1 Signs shall conform to conditions imposed at the time of approval and to the zoning district Regulations, whichever are more stringent. 577 SIGNS REQUIRING TEMPORARY USE PERMIT Temporary signs may be permitted after issuance of a temporary use permit by the City, according to the following Regulations: 1 Permit for temporary signs may be issued for a business opening or special event, such sign: a Shall conform with City building codes. b Shall not be counted as part of the permanent sign allocation. c Shall be permitted for not more than 7 days in any 6 months period. d Shall be removed within 2 days after culmination of the event. e Shall not be erected on property without written authorization of the owner or resident. 2 Maximum permissible temporary signage: a Number of signs: 2 b Total sign face area: 50 square feet c Height: 8 feet 71 578 OFF- PREMISES SIGNS The following additional Regulations shall apply to off - premises signs: 1 Off- premises signs shall be calculated as part of the total signage allocation for the property on which it is located. 2 No off - premises sign, shall be erected on property without the written authorization of the owner or resident thereof. 3 No off - premises sign shall be located within 300 feet of a residential district, railroad crossing, public school, public park or recreation area, house or worship, or cemetery, measured along the common right -of -way line. 4 Except for directional signs, off- premises sign shall not be closer than 15 feet to a street property line, except where the building is nearer in which case the sign may be as close as the building. 5 No off- premises ground sign may exceed 30 feet in height or 30 feet above the crown of the adjacent road, whichever is lower. 6 No off - premises sign may exceed 400 square feet per side, with a minimum dimension of not less than 15 feet. 7 No off - premises sign shall be located closer than 200 feet to another off - premises sign which is fronting on the same street, except that 2 signs may be grouped back to back as a single connected V -type structure having an included angle of not more than 60 degrees. 8 No off - premises sign shall be located closer than 1,000 feet along the same street to another sign advertising the same establishment, product, service or location. 9 Off- premises directional sign, not exceeding 50 square feet, may be erected in all zoning districts, except residential districts, provided no such sign is erected within 100 feet of a similar sign or within 600 feet along the street of a sign for the same establishment. 72 580 COMMUNICATION TOWERS AND COMMUNICATION ANTENNAS 581 APPLICABILITY 1. All new communication towers and communication antennas, excluding replacement antennas to pre- existing towers or to other pre- existing non -tower antenna placements in the City of Okeechobee shall be subject to these regulations and all other applicable regulations. For purposes of measurement, communication tower setbacks and separation distances as listed below in Section 583, "Performance and Construction Standards" shall be calculated and applied irrespective of municipal and county jurisdiction boundaries. 2. All communication towers legally existing or which have received land use or building permit approval by the City on the effective date of this Ordinance shall be considered permitted uses, and shall be allowed to continue their usage as they presently exist, including routine maintenance, such as the replacement of antennas which do not involve an increase in the number of providers or a substantial increase in tower load due to construction on an existing communication tower. However, any other construction, including but not limited to structural modifications, shall comply with the requirements of this ordinance, with the exception of separation distances. 3. All governmenttowers with public safety systems or other communications equipment shall be exempt from the requirements of this section. 4. All new communication antennas which are not attached to communication towers shall comply with Section 584 "Communication Antennas" below. 582 PERMITTED USES 1. Any communication antenna which is not attached to a freestanding communication tower shall be a permitted ancillary use to any commercial, industrial, office, institution, or public utility structure. 2. Communication antennas located on existing buildings or other non -tower type structures shall not be subject to the performance and construction standards for freestanding towers contained below in Section 583 pertaining to separation distances, fencing, landscaping, co- location, or any other standard only applicable to a freestanding tower. 3. New freestanding communication towers shall not be allowed unless the applicant: A. Proposes the communication facility within the permitted City Zoning Designations listed below: 1. Industrial; 2. Public; and, 3. Heavy Commercial (by special exception only). B. Secures approval from the City Council, through the normal development review and public hearing process upon showing: 1. Completion of application requirements: a. City application including legal description of site; 73 b. Letter of intent of facility; c. Description of the tower, including technical reasons for its design; d. Site plan, including any accessory /shelter buildings, drawn to scale; e. Landscape buffering and fencing around proposed communication facility; f. General capacity of the tower; g. Proof of ownership of proposed site; h. Copies of any easements necessary; and, i. Usual study of the area showing where within a one (1) mile radius any portion of the proposed tower my be seen. 2. Demonstrated need or demand for the communication facility. 3. Compliance with FCC technical emission standards. 4. Compliance with the performance and construction standards listed below in Section 583. 5. Compliance with any additional requirements as set forth by the City Council. 583 PERFORMANCE AND CONSTRUCTION STANDARDS 1. Structural Design. New communication towers and modifications to existing structures including, without limitation, the addition of height, antennas or providers, shall be constructed in accordance with all City building codes. 2. Setbacks. Communication tower setbacks shall be measured from the base of the tower, protruding building structure at the base of the tower, or the tower guy wires, whichever is closest to the property line of the parcel on which it is located. Communication towers and their accessory structures shall comply with the minimal setback requirements of the district in which they are located and the applicable street setbacks. In cases where there is a conflict between the minimal setback requirements and the street setbacks, the more restrictive shall apply. In addition, where there is a principal building housing a principal use located on the site, the communication tower and accessory structures to the tower shall be located behind the main building line. All communication tower supports and peripheral anchors shall be located entirely within the boundaries of the development site and shall be set back from the development site perimeter a minimum distance of five (5) feet, or the minimum setback of the zoning district in which the communication tower is located, whichever is greater. 3. Separation from off -site uses. A. Communication tower separation shall be measured from the base of the tower to the closest point of off -site uses and/or designated areas as specified in subsection 3.B below. For purposes of this requirement, Global Positioning System (GPS) coordinates for the center of the tower(s) may be used. B. Separation requirements for communication towers from residentially zoned lands or residential uses shall comply with the following minimum standards. 74 Tower Type Monopole or camouflaged Lattice Separation Distance 300% height of tower, up to a max of 200 feet 300% height of tower or 200 feet, whichever is greater 4. Separation distances between communication towers. A. Separation distances between communication towers shall be applicable for and measured between the proposed tower and those towers that are existing and /or have received land use or building permit approval from the City or adjoining jurisdictions. B. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. For purposes of this requirement, GPS coordinates for the tower(s) may be used. The separation distances (listed in linear feet) shall be as follows: Separation Distances Between Tower Types (Including extra jurisdiction area) Proposed Tower Types Lattice Monopole Self- 75 Feet in Supporting Height or or Guyed Greater Camouflaged or 500 500 monopole 75 feet in Height or greater Camouflaged or monopole less than 75 feet in height Lattice 1. Waivers. Monopole Less Than 75 Feet in Height 250 250 250 250 1,500 500 250 a. A waiver from the minimum separation distances set forth in subsections 583.3 and .4 above may be approved through the special exception process in accordance with the procedures set forth in Section 252 of this Code when the proposed communication tower conforms to two (2) or more of the following criteria: (1) Camouflaging techniques approved bythe City are incorporated into the design of the communication tower. 75 (2) The tower is designed for the co- location of communication antennas for at least two (2) communication service providers. (3) The tower or towers within the required separation distance are all located in an industrial zoning district as a supplemental use. (4) The proposed location will minimize the visual impact of the proposed communication tower due to the bulk height, use, or appearance of the adjacent structures and surrounding area. 5. Fencing. A chainlink fence or wall not less than eight (8) feet in height from finished grade shall be provided around each communication tower. Access to the tower shall be through a locked gate. 6. Landscaping. The visual impacts of a communication tower shall be mitigated for nearby viewers through landscaping or other screening materials at the base of the tower and ancillary structures. The following landscaping and buffering of communication towers shall be required around the perimeter of the tower and accessory structures. Landscaping shall be installed on the outside of fences. Further, the use of existing vegetation shall be preserved to the maximum extent practible and may be used as a substitute of or in supplement towards meeting landscaping requirements. A. A row of trees a minimum of three (3) inches at DBH (diameter at breast height) and a minimum of eight (8) feet tall and a maximum of twenty -five (25) feet apart shall be planted around the perimeter of the fence; and B. A contiguous hedge at least thirty (30) inches high at planting capable of growing to at least thirty -six (36) inches in heightwithing eighteen (18) months shall be planted in front of the tree line referenced above. 7. Height. A. The total combined freestanding height of any communication tower and antenna shall not exceed 200 feet from ground level. B. Where installed on top of a building, no communication tower and antenna shall extend greater than forty percent (40 %) over the building height. C. An existing communication tower may be modified to a taller height not to exceed twenty (20) feet over the tower's existing height, but only to a maximum combined tower and antenna height of 200 feet, to accommodate the co- location of an additional communication antenna(s). 1. The height change referred to in this subsection may only occur one (1) time per communication tower. 2. The additional height referred to in this subsection shall not require an additional distance separation. The communication tower's premodification height shall be used to calculate such distance separations. 76 8. Type of construction. Communication towers shall be monopole or lattice construction; provided, however, camouflaged construction may be approved by the planning commission at a supplemental use hearing, upon consideration of the following factors in addition to those set forth in Section 400 of the zoning ordinance: A. Compatibility with adjacent properties; B. Architectural consistency with adjacent properties; Usual impact on adjacent properties, including visual access of adjacent properties to sunlight; and Design of accessory structures in order to be architecturally consistent with the existing structures on the site. A variance from the fencing and landscaping requirements of this section may be requested for such accessory structures. 9. Development criteria. The parent tract, upon which the site for communication tower /antenna/equipment is located, shall comply with the minimum development criteria of the district in which it is located. 10. Illumination. Communication towers /antennas shall not be artificially lighted except to assure human safety or as required by the Federal.Aviation Administration. At time of construction in cases where there are residential uses within a distance 300% ofthe height of the tower, dual lighting shall be requested from the FAA. 11. Co- location. Monopole communication towers shall be engineered and constructed to accommodate at least two (2) communication service providers. B. Lattice communication towers shall be engineered and constructed to accommodate at least two (2) communication service providers. C. Camouflaged communication towers may be engineered and constructed without accommodating additional communication service providers. D. Communication towers located within electrical substations may be engineered and constructed without accommodating additional communication service providers. Such towers shall be monopole construction and shall be subject to all of the requirements of this section. The substation shall be located within the zoning category specified above in subsection 582.3. All such supports and anchors shall also observe a minimum horizontal setback from any overhead utility lines of not less than ten (10) feet. E. Proposed communication antennas may, and are encouraged to, co- locate onto existing communication towers, provided such co- location is accomplished in a manner consistent with this section. 77 F. If determined by the City prior to construction that the proposed tower is situated in a location on public property which will benefit the City's communication systems, then the tower shall be engineered and constructed to accommodate the additional communication equipment beneficial to the public system at a cost to the City no greater than the actual expense of the provider in engineering and construction of the tower to meet the City's needs. G. The City shall be considered a communication service provider for purposes of the co- location requirements of this ordinance. H. Onsite location. A communication tower which is being rebuilt to accommodate the co- location of an additional communication antenna may be moved onsite within fifty (50) feet of its existing location, however, the tower shall meet the setback requirements above in subsection 583.2. After the communication tower is rebuilt to accommodate co- location, only one tower may remain on the site. A relocated onsite communication tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to subsection 583.4 above. The relocation of a tower in accordance with this subsection shall in no way be deemed to cause a violation of this section. The onsite relocation of a communication tower which comes within the separation distances to residentially zoned lands or residential uses shall require special exception approval. J. The modification or reconstruction of an existing communication tower to accommodate the co- location of two (2) or more communication antennas shall be permitted without new or additional supplemental use permit approvals, provided that the communication antennas are owned or operated by more than one (1) communication service provider and the co- location is accomplished in a manner consistent with the following requirements: 1. Type of construction. The modification or reconstruction shall not change the communication tower from one type of tower to another except that any type of communication tower may be reconstructed as a monopole tower. 2. Onsite location. The onsite relocation of a communication tower to a location within the minimum separation distance from residentially zoned property as set forth above in subsection 583.3 shall only be permitted when notarized written consent is obtained from the owners of all residentially zoned property located within the minimum separation distance. 12. Noninterference. No communication tower or antenna shall interfere with public safety communication. Frequency coordination with the public safety system and/or public safety entities is required to ensure noninterference. 13. Documentation. Documentation to demonstrate conformance with the requirement of this section shall be submitted by the applicant with all requests to construct, locate or modify a communication tower /antenna. A statement by the applicant as to how construction of the communication tower will accommodate co- location of additional antennas for future users shall be included within the documentation. 78 14. Signs and advertising. The use of any portion of a tower for sign or advertising purposes including, without limitation, company name, banner, or streamer is prohibited. 15. Abandonment. In the event the use of any communication tower has been discontinued for a period of one hundred eighty (180) consecutive days, the tower shall be deemed to have been abandoned. Determination of the date of abandonment shall be made by the zoning official who shall have the right to request documentation and/or affidavits from the communication tower owner /operator regarding the active use of the tower. Upon such abandonment, the owner /operator of the tower shall have an additional one hundred eighty (180) days within which to: A. Reactivate the use of the tower or transfer the tower to another owner /operator who makes actual use of the tower; or B. Dismantle and remove the tower. The owner of the real property shall be ultimately responsible for all costs of dismantling and removal, and in the event the tower is not removed within one hundred eighty (180) days of abandonment, the City may proceed to do so and assess the costs against the real property. The lien of such assessment shall bear interest, have priority and be collectable, at the same rate and in like manner as provided for special assessments by Florida law. At the earlier of one hundred eighty one (181) days from the date of abandonmentwithout reactivation or upon completion of dismantling and removal, any special exception, waiver and /or variance approval for the tower shall automatically expire. 16. Finished color. Communication towers not requiring FAA painting /marking shall be painted a non - contrasting flat blue, gray, or black finish. The color should be selected so as to minimize the equipment's visibility. 17. Certification of compliance with FCC. Certification of compliance with current Federal Communication Commission (FCC) Non - ionizing electromagnetic radiation (NIER) shall be submitted prior to receiving final inspection by the building department. 584 COMMUNICATION ANTENNAS 1. The communication antenna must locate on towers or buildings which are at least thirty -five (35) feet in height. 2. The communication antenna shall not exceed twenty (20) feet above the highest point of the communication tower. 3. The communication antenna complies with all applicable FCC and FAA regulations; and 4. The communication antenna complies with all applicable building codes and other provisions listed above in Section 583 of this ordinance to the extent applicable. 79 600 SUPPLEMENTARY REGULATIONS These supplementary Regulations shall apply to permitted and special exception uses in all zoning districts, unless otherwise noted. 601 CONFLICT WITH OTHER APPLICABLE REGULATIONS Where conflicts exist between Regulations, the more strin gent regulation, standard or requirement shall apply. 602 CALCULATION OF BUILDING COVERAGE In determining percentage of building coverage of a lot, principal buildings, roofed porches, garages, carports, swimming pool, solid decks, and other accessory buildings shall be included. Vehicular driveways and pedestrian paths are not included in coverage. 603 MEASUREMENT BETWEEN USES When minimum distances are required to be maintained between uses, the distance shall be measured by a straight line between nearest lot property lines. 604 MINIMUM STREET FRONTAGE Single family residential lots shall have at least 40 feet frontage on a street, unless otherwise approved under the Planned Unit Development district Regulations. 605 REQUIRED AREA OR YARDS No space necessary under these Regulations to satisfy area, yard or other space requirements in relation to a building or use shall be counted as part of the required open space in relation to another lot or building. 606 YARDS ON CORNER LOTS Any yard adjoining a street shall be considered a front yard. One front is required to comply with the minimum depth requirements of these Regulations, the second front yard shall be not less than 75 percent of the required minimum depth. 607 OBSTRUCTIONS IN REQUIRED YARD A required yard shall be open from ground to sky unobstructed, except for the following: 1 Ground structures, not exceeding 2 feet high above adjacent grade level. 2 Building overhang, eaves, cornice, gutter, sill, screen, chimney, fire escape, not exceeding 2 feet projecting into the required yard. 3 Play equipment, mail box, lighting fixture, entry gate, boundary wall and fence. 4 Landscape features including fountain, steps, seating, and horticultural growth. 608 YARDS REQUIRED FOR ACCESSORY USES IN RESIDENTIAL DISTRICTS Residential accessory uses shall comply with the following minimum yard requirements: 1 Front, Side and Rear Yards: As required for principal structure. 2 Uses housing persons, such as a guest house, shall not encroach into any required yard. 80 609 MORE THAN ONE PRINCIPAL BUILDING ON A LOT . More than one principal structure may be erected on a lot provided that surveyed legal descriptions shall be used, and area, yard and all other zoning Regulations shall be met for each structure as though they were on separate lots. Except for detached single family housing, all other development is subject to site plan approval. 610 BUILDING SETBACKS FROM WATER BODIES Notwithstanding any other provision of these Regulations, Tots with yards abutting any required water retention lake, any required drainage canal, or other water body over 50 feet wide, shall maintain an unobstructed easement 20 feet wide; except that in residential zoning districts the rear setback may be reduced to zero to accommodate a boat house or similar structure that is adjacent to or extends beyond the rear property line. 611 SWIMMING POOL 1 Swimming Pools as an Accessory Use to a Residential Use Pools shall be surrounded by a wall, fence or other barrier safety enclosure at least 5 feet high. Doors and gates in the exterior enclosure shall have a self - locking fastener installed at least 5 feet above ground level. 2 Swimming Pools as a Principal Commercial or Recreation Use Pools shall comply with applicable district requirements. Pools shall be surrounded by a wall, fence or other barrier safety enclosure at least 6 feet high, constructed to prevent normal unauthorized access to the pool. 612 EXCLUSIONS FROM HEIGHT LIMITS In any non - residential district, the height limitations do not apply to spires, belfries, cupolas, water tanks, ventilators, chimneys or other appurtenances; provided that they shall not exceed Federal Aviation Agency height limitations. 613 OUTDOOR STORAGE USES IN NON - RESIDENTIAL DISTRICTS Outdoor storage uses permitted in non - residential districts, comprising goods and materials, shall be screened from adjacent residential zoning districts by a fence or landscaping at least 5 feet high. Goods and materials shall not be stored in required yards. 614 HURRICANE SHELTER Mobile home parks and mobile home subdivisions shall provide a hurricane shelter for residents and their guests. 81 650 ACCESSORY USES AND STRUCTURES Accessory uses and structures, shall be subject to the following Regulations: 651 REGULATIONS APPLYING TO ALL ACCESSORY USES ANDS STRUCTURES 1 Where the Technical Review Committee determines that a proposed accessory use or structure may have an adverse impact on the health, safety or welfare of the public, due to the attributes of the property or the property or the structure, the Board of Adjustment shall have the authority to deny the permit. 2 There shall be a principal use on the parcel built in compliance with these Regulations. 3 Accessory structures shall comply with the yard setback and height Regulations pertaining to the principal use. 4 Vehicles, recreation vehicles, mobile homes and boats hall not be used as an accessory structure. 652 HOME OCCUPATION A home occupation may be permitted administratively in a dwelling subject to the following Regulations: 1 Only the resident who is licensed to do so shall be engaged in the home occupation. 2 A home occupation shall be clearly incidental to the residential use, and shall not occupy more than 20 percent of the total building floor area, nor more than 300 square feet. 3 There shall be no alternation in the residential character, or visible evidence of the conduct of such occupation. 4 No equipment or process shall be used in the occupation which creates interference to neighboring property due to noise, vibration, glare, fumes, odors or electrical disturbance. 5 Outdoor storage of materials used in the occupation is prohibited, except for garden produce. 6 No goods or services shall be sold on the property. 7 Individual instruction in art, music or education may be given to one person at a time. 8 Following shall not be permitted as home occupations: beauty shop, barber; group band, dance or swimming instruction; dining facility or tea room; antique or gift shop; fortune telling or similar activity; photographic studio; outdoor repair; retail sales; nursery school. 653 ACCESSORY APARTMENT, POOL HOUSE, AND SERVANT'S QUARTERS An accessory apartment, pool house or servant's quarters may be permitted by special exception use petition in a single family dwelling subject to the following Regulations: 1 No variance to these Regulations shall be permitted to accommodate such accessory use. 2 Only one such accessory use shall be permitted on a residential lot. 82 3 An accessory apartment or servant's quarters shall be attached to, or located within, the principal structure, and shall not alter the appearance as a single family dwelling. 4 Such accessory use shall not exceed 25 percent of the total floor area of the principal structure. 5 Such accessory use shall not be used as a rental unit. 654 AMENITIES Any development shall be permitted to provide amenities for the use of their employees or residents subject to the following Regulations: 1 Amenities include: Accessory dining room, snack bar, community or recreation center, fitness center. 2 Such facilities shall not be open to the general public. 655 ANTENNA An accessory antenna shall be permitted subject to the following Regulations: 1 Dish antennas larger than 2 feet in diameter shall require a special exception use petition. 2 A drawing prepared by the manufacturer, an architect or engineer, shall be submitted showing the antenna, the foundation or method of attachment to the building. 3 Antennas attached to multiple family structures exceeding 2 stories, commercial or industrial buildings shall require a certificate of structural integrity that they are designed to withstand a wind load of 120 miles per hour, issued by an architect or engineer. 4 Antennas shall not be installed in the front yard, and shall not be closer than 5 feet to a property line. 656 ANTENNA FOR SINGLE FAMILY AND DUPLEX BUILDINGS The following additional Regulations shall apply to single family and duplex dwellings: 1 Antennas shall not be used for a commercial purpose, and shall be limited to two per residential lot. 2 Antennas requiring a permit shall not be installed on a roof, and shall have a maximum dimension of 12 feet; larger antennas may be permitted only by special exception use petition. 3 Ground mounted antennas shall have a maximum height of 35 feet; larger antennas may be permitted only by special exception use petition. 657 STORAGE, GARAGE, CARPORT, GREENHOUSE, GAZEBO & UTILITY STRUCTURE Storage, private garage, carport, greenhouse, gazebo and utility structures shall be permitted subject to the following Regulations: 1 Except a gazebo, such buildings shall not be permitted in the front yard, and shall not encroach into any required yard setback. 2 No accessory building used for industrial or commercial storage of hazardous, incendiary or noxious materials shall be located closer to a street line than 15 feet, a side or rear yard than 20 feet, and a residential district than 25 feet. 83 3 Such buildings shall be included in calculations of impervious surface, floor area, and other site design requirements of the principal use. 4 Detached accessory buildings shall not exceed 100 percent of the floor area of the principal structure. 658 WALL, FENCE 1 Walls and fences may be located in front, side and rear yard setback areas, and shall not exceed a height of 5 feet in front of the front building line, nor a height of 2 feet 6 inches in a visibility triangle, nor a height of 8 feet elsewhere. 2 Walls and fences shall be constructed with the finished side facing the adjacent property. 3 Barbed wire and similar fences shall be prohibited on residential Tots. 659 BOAT DOCK, PIER 1 Boat docks and piers may be permitted in buffer areas. 2 Occupied live- aboard boats are not permitted to be docked in a residential district more than 15 days in a calendar year. 660 SEAWALL, RIPRAP 1 Seawalls and riprap may be permitted in buffer areas. 2 Riprap may be used to stabilize shorelines in lieu of seawalls. 3 Native vegetation shall be used to stabilize shorelines in lieu of seawalls and riprap where possible. 661 TENNIS, BASKETBALL, RACQUETBALL, AND SIMILAR COURT FACILITIES 1 Court facilities shall not be permitted in a front yard, nor encroach into a yard setback. 2 Court facility enclosures and backstops shall not exceed 14 feet in height. 3 Lighting shall be directed away from adjacent property and shall not be used between 10 p.m. and 6 a.m. 662 FLAGPOLE 1 Flagpoles shall be permitted in all zoning districts, and shall be at least 5 feet from any property line in residential districts and 5 feet from any property line in other districts. 2 Flagpoles shall require a certificate of structural integrity that they are designed to withstand a wind load of 120 miles per hour, issued by the manufacturer, an architect or engineer. 3 Flagpoles shall not exceed 35 feet in height in residential districts and 75 feet in other districts. 84 680 TEMPORARY STRUCTURES Temporary structures shall be subject to the following Regulations. Public emergency structures; and public structures in public parks, are exempt from these sections. 681 TEMPORARY STRUCTURES BY TEMPORARY PERMIT The following temporary structures may be permitted upon the issuance of a temporary permit, subject where applicable to additional restrictions and requirements as set forth in Chapter 10, Section 10 -77, Code of Ordinances, and requirements of the City Licenses and Business Regulations. 1 Temporary Structures in Connection with a Development Permit Temporary construction office, real estate office, watchman's office and model home on the property under development. 2 Temporary Structures to a Commercial or Industrial Use Stand, booth, or similar temporary structure which is an extension of the existing principal use in a commercial or industrial district, subject to the following Regulations; the applicant shall: a Produce proof that it is the principal use applicant's inventory being sold. b Not erect the structure for more than 15 days, 4 times a year. c Meet all required setbacks and off - street parking Regulations of the district in which the structure is located, and all required sign Regulations. 3 Temporary Produce Stand Temporary produce stands are not a permitted use within the City of Okeechobee pursuant to Chapter 10, Section 10 -77, Code of Ordinances. 4 Other Temporary Structures Other temporary structures subject to the following Regulations: Christmas tree, fireworks and similar seasonal sales operated by a non - profit organization. Camival, circus, fair or other special event operated by a non - profit organization on or abutting their principal use. Commercial camival, circus or fair in commercial or industrial districts. Similar temporary structures where the period of use will not exceed 30 days a year. 5 Temporary Off- Premises Sales, Tent Sales, Outdoor Auctions Temporary off - premises sales, tent sales and outdoor auctions may be permitted for non -profit organizations in commercial and industrial districts, subject to the following Regulations; such applicant shall: a Have written permission of the property owner. b Not erect the structure for more than 15 days a year. c Meet all required setbacks and off - street parking Regulations of the district in which the structure is located, and all required sign Regulations. d Remove all debris within 48 hours of expiration of the permit. e Submit proof of liability insurance, paid in full covering the period for which the permit is issued, in the minimum amount of $1,000,000.00 per occurrence. 6 Temporary Off- Premises Motor Vehicle Sales Temporary off - premises motor vehicle sale are not a permitted use within the City of Okeechobee pursuant to Chapter 10, Section 10 -77, Code of Ordinances. 85 700 SPECIAL EXCEPTION USE REGULATIONS Special exception uses may be granted by the Board of Adjustment. These supplementary Regulations shall apply to specific permitted and special exception uses in all zoning districts, unless otherwise noted. 701 AUTO SERVICE STATION REQUIREMENTS 1 Location Where permitted by district Regulations. 2 Minimum Lot Area Area 20,000 square feet. Width 140 feet, and on each street frontage. 3 Minimum Yards Front 25 feet. Side 20 feet; 50 feet abutting residential zoning district. Rear 20 feet; 50 feet abutting residential zoning district. 4 Maximum Lot Coverage 25 percent, not including fuel storage tanks. 5 Maximum Height 25 feet. 6 Special Requirements Fuel storage tanks shall comply with yard requirements. 702 COMMUNITY CENTER REQUIREMENTS 1 Location Where permitted by district Regulations. 2 Minimum Lot Area Area 20,000 square feet. Width 100 feet. 3 Minimum Yards Front 40 feet. Side 25 feet; 50 feet abutting residential zoning district. Rear 25 feet; 50 feet abutting residential zoning district. 4 Maximum Lot Coverage 25 percent. 5 Maximum Height 35 feet. 703 DAY CARE CENTER REQUIREMENTS 1 Location Shall not be located within 300 feet of an industrial area. 86 2 Minimum Lot Area Area 10,000 square feet. Width 100 feet. 3 Minimum Yards Front 40 feet. Side 25 feet. Rear 25 feet. 4 Maximum Lot Coverage 30 percent. 5 Maximum Height 25 feet. 704 ADULT FAMILY CARE HOMES OR ASSISTED LIVING FACILITIES REQUIREMENTS 1 Location 2 Minimum Lot Area 3 Minimum Yards Where permitted by district Regulations. Area 20,000 square feet. Wdth 100 feet. Front 40 feet. Side 25 feet; 50 feet abutting residential zoning district. Rear 25 feet; 50 feet abutting residential zoning district 4 Maximum Lot Coverage 30 percent. 5 Maximum Height 45 feet. 705 HOUSE OF WORSHIP REQUIREMENTS 1 Location Where permitted by district Regulations. 2 Minimum Lot Area Area 40,000 square feet or as required by district Regulations. Width 150 feet. 3 Minimum Yards Front 40 feet. Side 25 feet; 50 feet abutting residential zoning district. Rear 25 feet; 50 feet abutting residential zoning district. 4 Maximum Lot Coverage 25 percent. 5 Maximum Height 45 feet. 706 NURSING HOME REQUIREMENTS 1 Location Shall not be located within 500 feet of an industrial area. 2 Minimum Lot Area Area 20,000 square feet. Wdth 100 feet. 3 Minimum Yards Front 40 feet. Side 25 feet. Rear 25 feet. 4 Maximum Lot Coverage 25 percent. 5 Maximum Height 35 feet. 87 707 PRIVATE CLUB, NIGHT CLUB, BAR REQUIREMENTS 1 Location 2 Minimum Lot Area 3 Minimum Yards 4 Maximum Lot Coverage 5 Maximum Height 708 PUBLIC UTILITY REQUIREMENTS 1 Location 2 Minimum Lot Area 3 Minimum Yards 4 Maximum Lot Coverage 5 Maximum Height 6 Special Requirement No building shall be located closer than 75 feet to property line abutting a single family residential lot. Area 20,000 square feet. Wdth 100 feet. Front Side Rear 40 feet. 25 feet; 50 feet abutting residential zoning district. 25 feet; 50 feet abutting residential zoning district. 25 percent. 35 feet. Major or hazardous facilities shall not be located within 300 feet of a park, school or hospital. Area As set forth in district Regulations. Wdth As set forth in district Regulations. Yards As set forth in district Regulations. 35 percent. 35 feet. No storage or service yard shall be located in a residential district. In a residential district, utility to be designed and landscaped to be compatible with a residential neighborhood. 709 RECREATIONAL VEHICLE PARK LOT REQUIREMENTS 1 RV Park Location 2 Maximum Density 3 Minimum RV Lot Area 4 Minimum Yards 5 Maximum Size RV 88 Where permitted by special exception district Regulations for transient recreation use only. 15 RV Tots per acre. Area 1800 square feet. Wdth 35 feet. Front 10 feet. Side 5 feet. Rear 5 feet. 400 square feet total floor area when fully extended. 6 Maximum RV Height 25 feet. 7 Special Requirements Buffer required abutting residential district: 25 feet wide. Access driveway: two -way 25 feet wide, one -way 15 feet. Parking: 1 space required on each RV lot. No accessory or storage building is permitted on an RV lot. Public water supply and sewer utilities are required. Customary RV Park accessory uses are permitted including recreation, commercial, and storage. 710 SALVAGE YARD REQUIREMENTS 1 Location 2 Minimum Lot Area 3 Minimum Yards Where permitted by district Regulations, but shall not be located abutting to a residential district. Area 40,000 square feet. Width 100 feet. Front 25 feet. Side 20 feet. Rear 20 feet. 4 Maximum Lot Coverage 60 percent. 5 Maximum Height 15 feet, open salvage yard; 35 feet, enclosed salvage operations. 6 Special Requirements 8 feet high fence required around all property boundaries to screen salvage operations from view off -site. 89 750 NONCONFORMING USE REGULATIONS These Regulations shall apply to nonconforming lots, uses, structures and signs. 751 DEVELOPMENT OF NONCONFORMING LOT 1 Residential Lot In Separate Ownership A lot in a residential zoning district which is nonconforming because of insufficient area, which has at least 4,000 square feet and 40 feet frontage, and was in separate ownership on the date of enactment of these Regulations, may be used to build a single family dwelling. 2 Non - Residential Lot In Separate Ownership A lot nonconforming because of insufficient area, which was in separate ownership on the date of enactment of these Regulations, may be used provided all other zoning district Regulations are complied with. No use that requires a lot area greater than the district minimum lot area is permissible on a nonconforming lot. 3 Contiguous Lots When 3 or more vacant nonconforming lots with continuous frontage are in single ownership, they shall be resubdivided in such a manner as will make them conforming lots. If resubdivision to eliminate nonconforming lots is impossible, application shall be made for a variance prior to development of the Tots. This subsection shall not apply to contiguous nonconforming lots in single ownership if a majority of the lots on the street or within 500 feet of such lot in the same zoning district are also nonconforming. 4 Creation of Nonconforming Lot No division of land shall be made which creates a lot or parcel which does not meet the minimum lot requirements for the zoning district in which such lot or parcel is located. 752 COMPLETION OF NONCONFORMING PROJECT 1 Completion of Approved Project Nonconforming projects that were approved prior to enactment of these Regulations may be completed in accordance with terms of their permits, provided the permits remain valid. 2 Completion of Phased Projects Projects which are approved and developed in phases shall be completed in accordance with conditions of approval. Phases which have not received final approval shall conform to requirements of these Regulations. 753 CONTINUATION OF NONCONFORMING USE AND STRUCTURE 1 A lawful nonconforming use or structure, existing on the enactment date of these Regulations, may be continued subject to restrictions and qualifications set forth hereinafter. 2 Special Regulation for Adult Entertainment. 90 a An Adult Entertainment establishment in existence at the time this chapter became effective and is located in violation of this chapter, may continue to operate for a period of one (1) year from the date this chapter became effective, and shall cease operation immediately upon the expiration of such period. b An Adult Entertainment establishment becoming operational after the effective date of this chapter which had legal rights vesting with respect to such establishments location arising from a judicial declaration construing any ordnance in effect prior to the adoption of this chapter, may operate fora period of one (1) year, notwithstanding that it may be located in an area otherwise prohibited by Section 402(7) of these Regulations. The Adult Entertainment establishment shall cease operation immediately upon the expiration of such period. c When a Nonconforming Use of an Adult Entertainment establishment has been discontinued for ninety (90) consecutive days or more for any reason, the non - conforming use shall be deemed abandoned, and the future use of the premises or site shall revert only to those uses permitted on the site on which the establishment is located. 754 CHANGE OF NONCONFORMING USE A nonconforming use may he changed to a conforming use for the district in which it is located. Once changed to a conforming use, no building, structure or land use shall be permitted to revert to a nonconforming use. 755 DISCONTINUANCE OF NONCONFORMING USE When a nonconforming use has been discontinued or abandoned for a period of a year, any future use of the property shall be either, a permitted use within the district Regulations, or after approval a special exception use permitted in the district. 756 DISCONTINUED USE OF NONCONFORMING STRUCTURE When a nonconforming structure is discontinued or abandoned for a period for a year, any future use of the property shall comply with the following: 1 Use Future use shall be either, a permitted use within the district, or after approval a special exception use permitted in the district. 2 Nonconformity Future use shall not increase the extent of nonconformity by reason of, insufficient yards, setbacks, landscaping or parking, or excessive floor area, coverage or height. 757 EXPANSION OF NONCONFORMING USE 1 Expansion of Nonconforming Use A nonconforming use shall not be expanded. Expansion of a conforming use to any part of a nonconforming use shall not be deemed an expansion of such nonconforming use. 2 Increase In Intensity of Nonconforming Use Increase in volume of business, intensity or frequency of property use at a nonconforming use is permitted. Change in the equipment or processes used in a nonconforming use is permitted, provided it amounts only to changes in the degree of activity rather than changes in kind. 3 Nonconforming Use of Open Land A nonconforming use of open land may not be extended to cover more land than was occupied by that use when it became nonconforming, except for a quarry use 91 4 Moving a Nonconforming Use A nonconforming use shall not be moved to another part of the property. 758 EXTENSION OF NONCONFORMING STRUCTURE 1 Extension of Nonconforming Structure A nonconforming structure shall not be enlarged in any manner as to increase the physical nonconformity with respect to dimensional restrictions such as yards, floor area, coverage and height, or, noncompliance with parking or landscaping requirements. 2 Extension of Nonconforming Dwelling Notwithstanding the foregoing, a single family or two family nonconforming dwelling may be enlarged, so long as the enlargement does not create new nonconformities or increase the extent of existing nonconformities with respect to yards, floor area, coverage, height parking or landscaping requirements. 3 Moving a Nonconforming Structure A nonconforming structure shall not be moved, unless by moving, the structure is made to conform to district Regulations or reduce the extent to nonconformity. 759 REPAIR OF NONCONFORMING STRUCTURE OR USE 1 Repair of Nonconforming Structure A nonconforming structure may be maintained, repaired or altered provided such work does not increase the usable cubic contents of the structure, or the coverage or floor area devoted to the nonconforming use. Nothing in this regulation shall prevent compliance with safety, health, sanitary and handicap Regulations. 2 Reconstruction After Catastrophe A nonconforming structure or use damaged or destroyed by any catastrophic means may be repaired and restored to a safe, sanitary and usable condition within 2 years, provided the nonconformity is not enlarged. 3 Reconstruction of Nonconforming Dwelling Notwithstanding the foregoing, a single family or two family nonconforming dwelling may be reconstructed or replaced within 2 years, so long as the reconstruction does not create new nonconformities, nor increase the extent of the existing nonconformities with respect to yards, floor area, coverage, height, parking or landscaping requirements. Except that in the case of a nonconforming mobile home, the replacement option is permitted only one time on each lot. 4 Compliance Required Where Possible In reconstructing a nonconforming structure or use the owner shall comply to the extent reasonably possible with all provisions of the district Regulations applicable to the use. 92 760 NONCONFORMING SIGNS 1 Removal of Nonconforming Sign Which Constitutes a Hazard A nonconforming sign which constitutes a hazard to public safety or welfare shall be removed, or relocated so as to conform, within 30 days of notification to the property owner by the City. 2 Discontinuance of Use Nonconforming signs shall be removed by the property owner when a use of property on which the sign is located is discontinued. 3 Alterations to Nonconforming Sign A nonconforming sign may not be enlarged or relocated except in compliance with these Regulations. 4 Maintenance of Nonconforming Sign A nonconforming sign shall be maintained in a neat and proper working order, or shall be removed. 5 Damaged Nonconforming Sign A nonconforming sign which is more than 50 percent destroyed or damaged shall be removed, and no sign permit shall be issued for replacement unless permitted under these Regulations. 93 790 CLUSTER DEVELOPMENT REGULATIONS Density of a use that would have been allowed in the absence of Federal or State agency environmental restrictions to land development may be used on -site by clustering the development onto unrestricted land. 791 CLUSTER DEVELOPMENT Development may be clustered on a site in accord with the following: 1 Development may be clustered on part of a site by concentrating the number of dwelling units or the amount of building floor area allowed for the entire site under the zoning district Regulations onto the non - environmentally restricted area. 2 The entire site, including the clustered development and the remaining environmentally restricted area, shall be platted and meet all applicable provisions of these Regulations. 3 Environmentally restricted areas of the site shall be precluded from future development by reservation on the subdivision plat in a form acceptable to the City. 94 800 NATURAL RESOURCE PROTECTION REGULATIONS 801 ENVIRONMENTALLY SENSITIVE LAND PROTECTION Development plans shall comply with applicable Federal, State and South Florida Water Management District Regulations relating to environmentally sensitive lands. 1 Environmental Study Development proposals shall be accompanied by evidence that the following studies either have been completed for another permitting agency or are not relevant to the property. Inventories of: a Wetlands. b Soils posing severe limitations to development. c Unique habitat. d Endangered species of wildlife and plants. Flood prone areas. 2 Management Plan Where a resource management plan is required by another permitting agency, a copy shall be submitted to the City. 802 GROUNDWATER AND WELLHEAD PROTECTION Development in and adjacent to a designated wellhead is regulated to protect water supplies from potential contamination. 1 No development activities shall take place in the Zone of Exclusion. 2 The following land uses are prohibited within the Wellhead Protection Area: a Landfill. b Facilities for bulk storage, handling or processing of materials on the Florida Substance List. c Activities that require the storage, use, handling, production or transportation of restricted substances: agricultural chemicals, petroleum products, hazardous toxic wastes, industrial chemicals, and medical wastes. 3 Special restrictions on development allowed within the wellhead protection area: a Stormwater management practices shall not include drainage wells and sinkholes for stormwater disposal where recharge is into potable water aquifers. b Where development is proposed in areas with existing wells, these wells shall be abandoned and plugged. No wells for private use that extract ground water below the surficial aquifer shall be permitted. 803 MAXIMUM IMPERVIOUS COVERAGE 1 Total impervious surface on a development site shall not exceed the maximum impervious surface coverage established and listed within each zoning district of these Regulations. 95 2 Water bodies shall be calculated as impervious surface. 3 Porous paving materials used in accord with City specifications shall be counted as 50 percent impervious surface. 4 In cluster developments, where impervious surfaces are calculated on the gross site area the City may require as a condition of approval, deed restrictions or covenants that guarantee the maintenance of required open space in perpetuity. 96 820 FLOOD HAZARD ZONE REGULATIONS These Regulations apply to development within the A and B series of flood hazard zones as shown on FEMA Flood Insurance Rate Maps. Areas not covered by these maps shall be considered to be in FIRM Zone C. 821 REGULATORY FLOODWAYS Encroachments within regulatory floodways, including fill, construction, improvements and other development are prohibited, unless an engineer certifies that the cumulative effect of the development will not result in an increase in flood levels during a base flood. 822 CONSTRUCTION METHODS AND MATERIALS 1 New structures and substantial improvements to structures shall be constructed with materials and Utility equipment resistant to flood damage, using practices that will minimize damage and prevent surface water pollution. 2 New construction and substantial improvements to structures shall be anchored to prevent flotation, collapse and lateral movement of the structure. 3 Manufactured homes shall comply with current State statutes and Regulations. 823 UTILITIES AND SERVICE FACILITIES 1 Electrical, water, sewer, and gas connections shall not be placed below flood protection elevation, unless designed to prevent water from entering and damaging components. 2 Electrical, heating, ventilafion, plumbing, gas, air conditioning service facilities shall be located and constructed to prevent their damage by flood. 3 Water supply and sewage systems shall be designed to minimize infiltration of flood water into the Systems, and discharges from these systems into flood waters. 4 On -site sewage systems shall be located and constructed to avoid their damage by flood water, and contamination from them during flooding. 824 STORAGE OF MATERIALS AND EQUIPMENT 1 Materials that in a flood would be buoyant, flammable, explosive or potentially injurious to human, animal or plant life shall not be stored or processed below flood protection elevation. 2 Materials and equipment not susceptible to flood damage may be stored if they can be removed from the area upon flood warning, or if anchored to prevent flotation. 825 STRUCTURES 1 New construction and substantial improvements to structures shall be constructed with the lowestfloor level above base flood elevation. Minimum crown of the road or 100 year 3 day event which ever is highest. 97 2 For new construction and substantial improvements to structures with enclosed spaces below base flood elevation, such spaces shall be designed to equalize hydrostatic flood forces on walls by allowing for automatic entry and exit of flood water. 3 Walls below base flood elevation shall be constructed substantially impermeable to the passage of water. 4 Structural components shall be designed to resist hydrostatic and hydrodynamic loads and buoyancy effects. 826 SUBDIVISIONS 1 Preliminary subdivision plats shall identify the FEMA, FIRM base flood elevation. 2 Final subdivision plat shall identify the FEMA, FIRM base flood elevation and elevations of proposed building pads, structures and floors. 3 Lots must include a site suitable for building in conformance with these Regulations. Subdivisions shall have adequate drainage provided to reduce exposure to floods. 98 850 DEVELOPMENT REGULATIONS AND STANDARDS 851 MINIMUM DEVELOPMENT STANDARDS 1 Requirements for All Development b Required improvements shall be designed and installed to City standards, and paid for by the developer. Developments shall be designed to provide adequate access to lots and sites, avoid adverse effects or noise, odor, traffic, drainage and utilities on surrounding properties, and avoid unnecessary impervious surface cover. Developments shall have a total land area sufficient to meet all design standards in these Regulations including land required to provide setbacks from abutting rights -of -way, buffers, stormwater management, off -street parking and circulation, protection of environmentally sensitive areas, open space for recreation use, and othet provisions which require land to be set aside. 2 Additional Requirements for Residential Development a Minimum area for individual residential Tots within a development shall be sufficient to meet the requirements of these Regulations. Exclusive of individual lots, land to be conveyed in fee simple ownership, shall be controlled and maintained through a property owners' association, or may be conveyed to a governmental or not - for -profit organization approved by the City. Recordable instruments providing for common ownership lands shall be submitted for approval with the application for development plan review. 852 STANDARDS FOR RESIDENTIAL INFILL DEVELOPMENT The following standards shall apply to residential infill development: 1 The proposed dwelling units shall conform to the Regulations in effect at the time of development of the adjacent residential area prior to adoption of these Regulations. 2 For a single family or two family structure, a building permit application shall be filed. 3 If the application requires platting or deviation from the Regulations in effect at the time of original approval, then the developer shall apply for development approval in accord with these Regulations. 4 If a recorded plat, approved site plan, or other documentation is available to provide information on previous standards, such documentation shall be used to determine applicable development standards for the proposed development. 99 870 STREET SYSTEM REGULATIONS These Regulations apply to streets, sidewalks and other pedestrian ways. 871 RIGHTS -OF -WAY 1 Future street right -of -way requirements are identified in the Comprehensive Plan Traffic Circulation element; right -of -way widths shall be as required by these Regulations. 2 Use of rights -of -way shall be as follows: a No encroachment shall be permitted in an existing right -of -way, except for a temporary use or existing commercial parking use authorized by the City. b Public and private utilities including: potable water; sanitary sewer; electrical power, telephone, cable, and gas services, shall be permitted in public rights -of -way subject to City Regulations. c Sidewalks may be placed within a right-of-way. d Bicycle paths may be placed within a right -of -way. 872 VACATION OF RIGHTS -OF -WAY Applications to vacate a public right -of -way may be approved upon a finding by City Council that the following requirements have been met: 1 Proposed vacation is consistent with the Comprehensive Plan. 2 Right -of -way to be vacated is not the sole access to any property, and the remaining access is not an easement. 3 Proposed vacation is in the public interest and provides a benefit to the City. 4 Proposed vacation would not jeopardize the location of any utility. 873 STREET DESIGN STANDARDS 1 General Design Standards a Streets shall be designed pursuant to the Subdivision Regulation standards of these Regulations. b Streets shall conform to the natural site topography, preserve the hydrological and vegetative patterns, and minimize erosion, runoff and the need for site alteration. c Proposed streets shall be connected to existing streets to allow for proper traffic flow. d Residential streets shall be arranged to discourage through traffic. 2 Stub Streets a Stub streets may be permitted only within subsections of a phased development for which the proposed street has received final site plan approval in its entirety. b Stub streets to provided access to adjacent undeveloped property may be required upon recommendation by the Technical Review Committee. 100 c Temporary tumaround shall be provided for a stub street providing access to five or more lots or dwelling units. 874 VEHICULAR ACCESS Proposed development shall meet the following standards for vehicular access and circulation: 1 Separation of Access Points Separation between access points onto arterial or collector streets, or between an access point and an intersection of an arterial or collector with another street, shall be as follows: Type of Street Distance Between Access Points Major arterial 300 feet Minor arterial 250 feet Major collector 185 feet Minor collector 140 feet b Distance between access points shall be measured from the centerline of the proposed street or driveway to the centerline of the nearest adjacent street or driveway. c Adjacent uses may share a common driveway provided that access easements are granted between property owners to the approval of the City. 2 Access to Residential Lots and Non - Residential Uses a Access to Tots in a proposed residential subdivision shall be by way of a residential street meeting requirements of these Regulations. b Primary access to non - residential uses shall not be through an area designed, approved or developed for residential use. 875 SIDEWALKS AND PEDESTRIAN ACCESS 1 When Sidewalks and Pedestrian Access are Required a Projects abutting collector or arterial streets shall provide sidewalks adjacent to that street. b Sidewalks shall be provided on residential streets in proposed and replated subdivisions. c If a sidewalk is proposed on only one side of a residential street, the Technical Review Committee must consider the following prior to approval: (1) City sidewalk improvement plans. (2) Safety considerations. (3) Location of existing or proposed schools and recreation areas, and existing sidewalks. d Residential projects abutting a commercial, office, service or recreation use shall provide pedestrian access from the development to such use. e Where deemed necessary to provide circulation or access to a shopping center, school, playground, or community facility, pedestrian ways and crosswalks may be required after 101 consideration by the Technical Review Committee. Such ways shall be not less than 10 feet wide with a sidewalk meeting requirements of these Regulations. 2 Sidewalk and Pedestrian Access Design Standards a Design of sidewalks and pedestrian ways shall conform to these Regulations. b Design, construction or alteration of median strips shall conform to FDOT Regulations. 876 ALTERNATIVE STREET DESIGN, ACCESS AND SIDEWALK STANDARDS Where the foregoing street design, access and sidewalk standards and requirements are infeasible due to unique local conditions, altematives may be approved by the City Council after recommendation by the Technical Review Committee. 102 900 UTILITY REGULATIONS 901 UTILITIES REQUIRED FOR ALL DEVELOPMENTS 1 The following utilities are required for all developments: a Water supply. Public water supply shall be required for residential Tots 7,500 square feet or less. b Fire hydrants. c Wastewater sewer service. d Electricity supply. e Lighting for streets, parking and other common areas. f Telephone service. 2 The following utilities are optional for all developments: Cable service. Gas service. 902 UTILITY DESIGN STANDARDS 1 Utility design standards shall comply with standards adopted by the City, Okeechobee Utility Authority, and other utility companies, as appropriate. 2 The following utilities shall be placed underground: a Water supply. b Wastewater sewer service. c Telephone service. d Cable. e Gas service. f Electricity supply. 103 920 STORMWATER MANAGEMENT REQUIREMENTS 921 STORMWATER MANAGEMENT REQUIREMENTS 1 Required stormwater management systems shall comply with State approved standards adopted by the South Florida Water Management District. 2 Minimum stormwater management requirements are: a Stormwater treatment and disposal facilities shall be designed for. a 25 year storm event of 24 hour duration. b First inch of stormwater runoff shall be treated on -site. c Post development runoff rates, volumes and pollutant loads shall not exceed pre- development conditions. d Erosion and sediment controls shall be used during construction. e Minimum road elevation is the crown of the road or 100 year, 3 day event which ever is highest. 922 EXEMPTIONS The following developments are exempt from stormwater management requirements: 1 Single family and two family residential dwellings and accessory structures on a single lot of record. 2 Development within a subdivision if the following conditions have been met: a Stormwater management provisions have been approved and remain valid as part of a final plat or development plan. b Project is developed in accordance with the stormwater management provisions submitted with the final plat or development plan. 3 Maintenance activities that do not change the quality, rate, volume or location of stormwater flows on the site. 4 Emergency action taken to prevent imminent danger to persons or property. 104 990 DEFINITIONS Interpretations In these Regulations, words of masculine gender shall include feminine and neuter; words in the singular shall include plural; `shat" is mandatory; 'may' is permissive; `written' or in writing" includes any written presentation whether by printing or otherwise. Except as specifically defined herein, all words in these Regulations shall have their customary dictionary definition. Certain words and terms used herein are defined as follows: Abandon: To discontinue a use for more than 150 days. (Unless otherwise defined) Abut: To share a common property line. Accessory Use, Customary: Subordinate use which is customarily associated with, and incidental to, the principal use or building and located on the same parcel. Accessory Use, Residential: Subordinate use which is customarily associated with, and incidental to, the principal residential use located on the same parcel, which does not involve the conduct of business except a permitted home occupation, and includes: garage, carport, landscaping, nursery, greenhouse, gazebo, garden shed, tool shed, patio, barbecue pit, boat dock and boat ramp, swimming pool and enclosed screening, children's play equipment. Accessory Use, Commercial or Industrial: Subordinate use which is customarily associated with, and incidental to, the principal commercial or industrial use located on the same parcel, and includes: parking, landscaping. Adult Entertainment: Establishment intended primarily for adults due to the sexual nature of its merchandise, entertainment or activities; includes adult bookstore, adult video store, massage parlor, steam bath, adult private dandng, modeling studio, topless dancing, and similar establishments with nude or semi -nude entertainers or employees. Adult Family Care Homes or Assisted Living Facilities: Building designed or used as permanent living quarters for 6 or more unrelated persons orfamiles, in which individual cooking facilities are not provided. Adult Family Care Homes or Assisted Living Facilities includes adult congregate living fadlity, boarding house, fraternity house, monastery, -and housing for the elderly. Adult Family Care Homes or Assisted Living Facilities shall not indude hotel, motel, or nursing home. Affordable Housing: Housing costs that, on a monthly basis, require rent or mortgage payments of no more than 30 percent of the monthly gross income of a lower income family. Antenna: Arrangement of wires or metal used in sending or receiving electronic waves; including a radio, television or communications satellite dish or antenna. Architect: Person licensed to practice architecture in the State of Florida. Auto Service Station: Establishment used for sale of motor fuel, oil, motor vehicle accessories, and as an accessory use convenience goods to gasoline customers, and which may include fadhties for lubricating, washing, servicing and minor repairs to vehicles, but not inducing painting and body repairs. Bar. Establishment for the sale and on- premises consumption of alcoholic beverages as a primari use, without live performers, and includes cocktail lounge and saloon. 105 Boarding House: Owner occupied dwelling, or part thereof, wherein 4 or more people are sheltered for profit, includes rooming house, and bed and breakfast establishments. Building Height: Vertical distance measured from average elevation of proposed finished grade at front of building to highest point of roof surface of flat and mansard roofs, and to average height between eaves and ridge for other types of roofs. Building Line: Rear edge of the required front yard. Cafe: Establishment which provides food and non - alcoholic beverages for on and off - premises consumption, but is limited to not more than 20 seats for patrons; and includes coffee shop and sandwich shop. Camouflaged Tower: A communications tower designed to unobtrusively blend into the existing surroundings and be disguised so as not to have the appearance of a communications tower. Camouflaged communications towers on buildings, not including accompanying antenna mounts, must be disguised to appear as an accessory structure that is normally associated with the principal use occupying the property. Other camouflaged communications towers must be disguised to blend in with other facilities on the property or existing vegetation. Examples of camouflaged communication towers would be a communications tower constructed in the form and shape of a tree to be part of a forested area, -or a tower constructed to appear to be a component of a bell or clock tower on sites with compatible buildings or a component of a church steeple on sites with churches. Surface finish, paint/or markings alone are insufficient to qualify for a determination as a camouflaged communications tower. Camouflaged towers shall not be lit. Car Wash: Establishment which provides facilities for washing and cleaning motor vehicles. Club, Night: Establishment providing indoor entertainment, usually with live performers and dancing, where food and alcoholic beverages may be sold for on- premises consumption. Club, Private: Establishment catering exclusively to an association of persons and their guests, which is not available for unrestricted public access, includes fratemal lodge, sorority, union hall. Cluster Development: Development of residential dwelling units, or commercial, industrial or institutional building floor area, in which the density of the uses is increased by the transfer of density from one site to another. Such developmentis authorized by permitting smaller lot sizes when a specified part of the land is placed in permanent conservation use. Communication Antennas: An antenna designated to transmit and/or receive communications as authorized by the Federal Communication Commission. Communication Towers: Any structure intended exclusively to support communication antennas, excluding antenna mounts. Design examples of communication towers are described as follows: A. Self- supporting lattice; B. Guyed; C. Monopole; and D. Any other tower type structure as determined by the Bulking Official, or designee of the City Council. Community Center Meeting or assembly hall, museum, art gallery, library, sports dub, gymnasium, hobby workshop center, adult education facility, not operated primarily for profit. 106 Concurrency: Condition that requires public facilities and services to maintain the adopted level of service standards when the impacts of a development occurs. Concurrency Compliance: Concurrency compliance requirements shall be satisfied when: the required public facilities and services are in place at the time a development permit is issued; a development permit is issued subject to the condition that the required public facilities and services will be in place when the impacts of development occur; the required public facilities and services will be in place in adherence to State mandates under F.S. Chapter 163 and F.A.0 Rule 9J 5. Coverage, Lot: Percentage of lot covered by buildings, including roofed porch, garage, carport, swimming pool, solid deck, and other accessory buildings are included. Vehicular driveways and pedestrian paths are not included in coverage. Craft Studio: Arts, Crafts and hobbies, ceramic, glass, photography, picture framing, wood carving, and weaving studios, and includes the sale of articles produced on the premises. Day Care Center: Establishment providing daytime care or instruction for 4 or more unrelated persons, and includes nursery school, child and adult care facilities. Developer: Any person, legal entity or government agency undertaking any development. Development Order: Any order issued by the City granting, denying, or granting with conditions an application for a development permit. Development Activity: The commencement of development activity is that portion in time when the developer has completed the Site or plan review process, and a development or building permit to commence construction has been issued by the City. Development Permit: Permit issued by the City, including building permit, zoning permit, subdivision approval, rezoning, certification, special exception, variance or any other official action, having the effect of permitting development of land. Drive - Through Service: Building or part thereof, where a product is sold to, or a service performed for customers while they are in or near motor vehicle, except auto service station and car wash. Dwelling or Dwelling Unit: Building or part thereof designed or intended for occupancy as permanent separate living quarters, with one kitchen plus sleeping and sanitary facilities provided within the unit, for the exclusive use of one family maintaining a household. The terms "dwelling ", "single family dwelling ", "two family dwelling ", or "multiple family dwelling" and shall not include a motel, hotel, camp, recreation vehicle or similar structure. Dwelling, Multiple Family: Building designed or used as permanent living quarters for 3 or more families living independently from each other, and includes townhouses, rowhouses, apartments, and patio home attached units. Dwelling, Single Family: Detached building designed as living quarters for one family, and inducing at least separate sleeping, cooking and toilet facilities. Dwelling, Two Family: Building containing two dwelling units ,designed as living quarters for 2 families living independently from each other, and includes duplex and semi - detached units. 107 Dwelling, Zero Lot Line: Single family detached dwelling unit which is sited on a lot with one wall abutting one interior side lot line. Engineer: Person licensed to practice engineering in the State of Florida. Family: Any number of persons related by blood, marriage or adoption, and not more than 4 unrelated persons, living together as a single housekeeping unit. FEMA: Federal Emergency Management Agency. Flag: Any freely waving material containing colors, patterns, insignias or symbols. Flea Market: Outdoor retail sales area in which parcels of land are rented to individual merchants to display and sell goods. Flood Hazard Area: Areas designated on FEMA Flood Hazard Boundary Maps as Zone A, and Flood Insurance Rate Maps as Zones A, AO, AH, Al -30, AE, A 99, and B. Areas within the City not included on these maps shall be considered to be in FIRM Zone C. Floor Area Ratio (FAR): Ratio of gross floor area of all structures on a lotto the lot area. Fortune Teller. Establishment where readings are given for a fee, includes astrologist, clairvoyant, mystic, palmist, psychic reader, telepathist and similar activities. Foster Care Facility: Building designed or used as permanent living quarters for foster residents, including such supervision and care as may be necessary to meet the physical, emotional and social needs of the residents and serving either children or adults. Funeral Home: Establishment where funerals are managed and human remains are prepared for burial; and excludes a crematory. Guest House: Accessory dwelling unit to a principal residence on a lot, intended for non - paying accommodation of guests visiting the occupants of the principal dwelling. Guest house includes a garage apartment and an accessory apartment. Golf Course: Land in excess of 90 aces for a nine hole 32 plus par, and 150 acres for an 18 hole 64 plus par course, inducing clubhouse and accessory fadlities. Group Home: Building designed or used as permanent or temporary living quarters for 6 or more unrelated persons in which individual cooking fadlities are not provided. Included in such designation, but not limited to, are such facilities as residential facilities and comprehensive transitional education programs under Chapter 393 Florida Statutes; domestic violence centers under Chapter 415 Florida Statutes; Community residential homes in excess of 6 persons under Chapter 419, Florida Statutes; and such similar fadlities as authorized by law, and for which licensing is first required by law, and for which licensing is first required by the Department of Children and Families and/or the Agency for Health Care Administration, or other State or Federal agency. Home Occupation: Business, profession, or trade conducted within a dwelling for financial gain by an occupant of the dwelling. 108 Hotel: Establishment containing primarily sleeping accommodation for transient guests, with no provision made for cooking in individual rooms, and which may have restaurants, personal services and indoor recreation as accessory uses. House of Worship: Church, temple, synagogue and similar centers of an established religion. Illegal Use, Structure or Sign: Any use, building, structure or sign used or erected without permission from the City andlor in violation of these Regulations. Land: Earth, water, and air, above, below or on the surface, and includes any improvements or structures customarily regarded as land. Land Development Regulations: Ordinances adopted by City Council for the regulation of any aspect of development and includes zoning, rezoning, subdivision, building construction, or sign Regulations or any other Regulations controlling development of land. Landscape Buffer: Continuous area of land set aside along the perimeter of a lot in which landscaping is used to provide a transition between developments. Landscaping: Any combination of living plants (grass, ground cover, vines, shrubs, hedges, trees) or nonliving landscape materials (rocks, mulch, decorative paving). Landscaping may include the preservation of existing native trees and vegetation into site development. Laundry: Establishment providing home -type washing, drying, dry cleaning, andlor ironing machines for hire, to be used by customers on the premises. Laundry, Commercial: Establishment providing bulk washing, drying, dry cleaning, and I or ironing services on the premises for commercial or industrial clients. Loading Space, Off- street: Space at least 10 feet wide by 30 feet long by 14 feet high used for temporary location of one motor vehicle. Lot: Land occupied or which may be occupied by a building and its accessory uses, together with such open spaces as are required, having not less than minimum area, width and depth required for a lot in the district in which such land is situated, and having frontage on a street, or other means of access as may be determined to be adequate as a condtion of issuance of a building permit. Lot Frontage: Shortest property line adjacent to a street; it is also the front property line. Lot Of Record: Lot which is part of a subdivision recorded in Office of the Clerk, Circuit Court. Lower Income Family: Family or household whose annual income does not exceed 80 percent of that of median family or household income for the City. Mobile Home: Manufactured, detached, transportable structure on a foundation or rigid support, with over 400 square feet offloor area, designed for use as permanent living quarters, and built in compliance with the Federal Manufactured Housing Construction and Safety Standards Act. A recreational vehicle is not to be considered as a mobile home. Mobile Home, Substandard: Mobile homes built prior to June 15, 1976, and newer mobile homes built not in compliance with the Federal Manufactured Housing Construction and Safety Standards Act. 109 Mobile Home Park: Land under single ownership which is used to supply to the public spaces for the placement and occupancy of 2 or more mobile homes as dwelling units. Mobile Home Subdivision: Subdivision of land for the sale of lots for the placement and occupancy of mobile homes as dwelling units. Modular Home: Factory built housing certified as meeting the State Building Code as applicable for modular housing. State certified modular homes shall be subject to the same Regulations as site built dwellings. Motel: Establishment containing sleeping accommodation for transient guests, which has individual entrances from the outside to serve each room, generally with no provision made for cooking in individual rooms, and which may have a restaurant and indoor recreation as accessory uses. Nonconforming Lot: Parcel of land shown on a plat recorded prior to enactment or amendment of these Regulations, but which does not conform to the minimum area, frontage, width or depth Regulations for the district in which it is located. Nonconforming Structure: Lawful building or structure existing on the date of enactment or amendment of these Regulations, but which does notconformto the yard, setback, coverage, height, parking, landscaping or supplementary Regulations of the district in which it is located. Nonconforming Use: Lawful building, structure or land existing on the date of enactment or amendment of these Regulations, but which does not conform to the Regulations of the district in which it is located. Nursing Home: Establishment providing permanent living quarters for 3 or more unrelated, disabled, sick or mentally ill, in which convalescent facilities, personal care is provided; but not including hospitals, clinics and institutions. Office, Business: Establishment not involving the sale of goods, and including such businesses as bank, employment agency, financial services, insurance agent, manufacturer's agent, real estate broker, stock broker, telephone answer service, travel agent or similar use. Office, Medical: Establishment .providing human out - patient services by persons practicing health services, including acupuncturist, chiropoclst, chiropractor; dentist, optician, optometrist, osteopath, physical therapist, physician, or any such lawful profession, but excludes masseur, in- patient hospital care and veterinarian. Office, Professional: Establishment of an accountant, architect, attorney, engineer, landscape architect, surveyor, urban planner, and similar non - medical professionals. Open Space: Undeveloped land suitable for passive recreation or conservation uses. Outdoor Sales and Storage: Establishment for the sale or storage of new and used goods, including building and farm equipment and materials, and mobile homes. Outdoor Vehicle Sales Lot: Establishment for the sales of new and used operable vehicles inducting cars, campers, recreational vehides, trailers, trucks, boats and similar vehicles; and exducing farm equipment and mobile homes. Owner: Owner of record of property as appears in official records Okeechobee County. 110 Parcel (Of Land): Land capable of being described by definite location and boundaries, which is designated by its owner as land to be used or developed as a unit, or which has been used as a unit. Parking Space, Off- street: Space at least 9 feet wide by 20 feet long used for temporary location of one motor vehicle. Parking Space, Handicapped: Parking space as required by Sec. 316.1955,.1956 FS, or succeeding provisions. Parking Space, Tandem: Parking space that abuts a second parking space in such a way that vehicular access to the second space can be made only through the first space. Park Model Recreational Vehicle: Manufactured, detached, transportable structure on a foundation or rigid support, with less than 400 square feet of floor area, designed for use as seasonal or temporary living quarters when connected to water, sewer and electric utilities. Planned Unit Development (PUD): Land under unified control, planned and designed to be developed as an integral unit according to an approved site development plan. Public Facility or Use: Federal, state, county, city or other publicly owned and operated building or open area providing public services. Public Utility: Publicly owned or regulated facility for providing electricity, gas, communications, transportation, water supply, sewage disposal, drainage, garbage or refuse disposal, or fire protection services to the general public; and excludes outdoor storage and services yards in residential and commercial districts. Recreation, Commercial Indoor: Enclosed establishment providing recreation activities, including amusement arcade, billiards, table tennis, bowling alley, gym, movie theater, health club, racquet club, skating rink, swimming pool, and similar uses operated primarily for profit. Recreation, Commercial Outdoor: Amusement park, miniature golf, golf practice range, archery range, outdoor theater, horse riding stable, fair, carnival, swimming and water recreation, discovery park, and similar uses operated primarily for profit. Recreation, Indoor: Enclosed establishment housing swimming pool, sports club, gymnasium, hobby workshop center, and .similar uses and not operated primarily for profit. Recreation, Outdoor: Park, athletic field, tennis court, swimming pool, nature preserve, botanical garden, and similar uses and not operated primarily for profit. Recreational Vehicle: Camping trailer, motor home, travel trailer truck trailer or other vehicle with or without motor power, equipped with short -term living or sleeping quarters, and not exceeding 40 feet in length and 8.5 feet in width, designed to travel on roads without special permit; and excludes a park model recreational vehicle. Recreational Vehicle Park: Land under unified control designed to accommodate 2 or more short-term, overnight parking of recreational vehicles, and not for permanent residential use. Residential Infill: Residential subdivision plat or site plan which is either under construction or has vacant lots, and which was approved prior to adoption of these Regulations. Retail Store: Enclosed establishment selling retail goods, and not manufacturing any product. 111 Salvage Yard: Land or structure or part thereof, used for collecting, storage or sale of waste paper, rags, scrap metal or discard material; or for collecting, dismantling, salvaging ,storage or sale of machinery parts or vehicles not in running condition. School, Public or Private: Parochial, public and private schools, college, university, and accessory uses, not operated primarily for profit. School, Business: Commercially operated schools including beauty culture, business, dancing, driving, music, vocational and technical training, and similar establishments operated for profit. Services, Mechanical and Repair. Establishments including machinery servicing and repair, or service garage, motor vehicle body shop, motor vehicle or trailer rental, veterinarian, printer, auction house, salvage yard, and similar service uses. Service, Personal: Establishment inducing: barber, beauty shop, clothes repair, dry cleaner, nail care, pawnshop, reducing studio, shoe repair, tailor, and similar uses not primarily offering a product for sale. Service, Retail: Restaurant, barortavem for on-premises consumption of alcohol, printer, pawnshop, dance or music studio, pet shop and similar establishments. Sign: Advertising matter, writing, number, illustration, decoration, symbol, design, flag or other device used to attract attention or convey a message. Sign, Accessory: Sign that is permitted as incidental to a permitted land use. Sign, Building: Sign attached to or painted on a building exterior, including canopy and window signs. Sign, Directional: Sign erected to give directions to an establishment and containing no advertising other than the name. Sign Face: Part of a sign that is potentially used for copy. Sign, Flashing: Sign designed to attract attention by flickering or moving lights. Sign, Ground: Freestanding sign supported from, or erected on the ground. Sign, Illuminated: Sign in which a source of light is used to make a message readable, and includes signs which depend on reflectors for an image. Sign, Moving: Sign designed to attract attention by movement and includes revolving, animated signs and signs with continuously moving copy. Sign, Nonconforming: Sign which does not conform to these Regulations. Signs, Number of: A ground sign shall be considered to be one sign where matter displayed is related to one use, and shall be considered to be multiple signs where matter displayed is related to more than one use. Sign, Off- premises: Sign directing attention to subject matter located on another property, includes a billboard. Sign, Portable: Sign not permanently attached to the ground or other structure. 112 Sign, Roof: Sign on a building which extends above the highest point of the roof. Sign, Snipe: Off- premises sign posted without City or government agency permission. Sign, Wall: Sign on a building exterior; and projecting not more than one foot. Sign, Wind: Signs consisting of banners, flags, spinners, streamers, balloons or other material fastened to move in the wind. Structure: Anything, more than one foot in height above ground level, constructed or installed which is attached to the ground or to another object which is permanently attached to the ground. This shall include but not be limited to buildings, mobile home, screened enclosure, swimming pool, tower, wall, fence, sign, pole, pipeline, storage tank, shore protection device. Structure, Accessory: Permitted detached subordinate structure which is customarily associated with and incidental to the principal use on the premises. Substandard: Deviating from or falling short of a standard or norm. Use: Purpose for which land or a structure is designated, arranged, maintained or occupied; or any activity, business or operation carried on, or intended to be carried on, in a structure or on land. Use, Accessory: Subordinate use which is customarily associated with, and incidental to, the principal use or building and located on the same parcel. Use, Principal: Primary purpose for which the land or building is used as allowed by the applicable zoning district Regulations. Variance: Modification of these Regulations when, owing to physical conditions peculiar to the property, a literal enforcement of these Regulations would result in an unnecessary hardship. Veterinary Service: Establishment where animals are admitted for examination and treatment. Visibility Triangle: On a comer lot, the triangle of land formed by a straight line connecting two points located on, and 35 feet from, the intersection of the two street property lines. Wellhead Protection Area: Land within one half mile of potable water supply wells operated by Okeechobee Utility Authority. Year Any continuous 12 month calendar period. • Zone of Exclusion: Land within a 200 foot radius of a public potable water supply wellhead. 113 CITY OF OKEECHOBEE • FLORIDA LAND DEVELOPMENT REGULATIONS Volume 1 ADMINISTRATION AND ZONING REGULATIONS APPENDICES Appendix A ADMINISTRATIVE FORMS Appendix B INFORMATION REQUIRED Appendix C SCHEDULE OF CHARGES Appendix D Central Business District Building Design Guidelines Note • Appendices Are Not Part Of The Adopted Ordinance RESOLUTION NO. 98 -09 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA WHICH ADOPTS AND ESTABLISHES ADMINISTRATIVE FORMS FOR USE IN CONJUNCTION WITH THE LAND DEVELOPMENT REGULATIONS; WHICH INCLUDE FORMS AND PROCEDURES FOR INCLUSION IN PETITIONS FOR RELIEF FOR LAND USES, DEVELOPMENT ACTIVITIES, AND RELATED PETITIONS, AS PERMITTED BY THE LAND DEVELOPMENT REGULATIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS the CITY OF OKEECHOBEE is adopting a unified land development code to create land use designations throughout the City of Okeechobee with related regulations and procedures associated therewith; and WHEREAS such regulations require the creation and implementation of forms, rules, procedures, fee schedules and related information to assist in the implementation of the land development regulations; and WHEREAS the City determines that the adoption of such forms and regulations are appropriate by resolution to maintain flexibility and ease of periodic amendment as may be required from time to time; THEREFORE, be it resolved and approved that the following forms, rules, procedures, and fees are hereby adopted by the City of Okeechobee: UNIFIED LAND DEVELOPMENT CODE VOLUME 1 - APPENDIX A APPLICATION FORM CONTENT REQUIREMENTS Applicants shall submit the following information required under the appropriate petition heading following, and any additional information as required on the current application form. Form 1 COMPREHENSIVE PLAN AMENDMENT PETITION 1 Petition Contents Comprehensive Plan amendment petition shall be submitted on the appropriate application form and comprises the following: a Petitioner's name, address, phone number. b Reason for requesting the amendment. c Details of the requested amendment. d Supplementary supporting information. Page 1 of 9 e Information and documents requested by City Administrator prior to public hearing. f Application fee. 2 Processing Comprehensive Plan amendment petitions are processed as follows: a Applicant submits petition to General Services Department. b Administrator reviews petition, initiates processing, issues notice of first public hearing. c Planning Board holds public hearing, forwards advisory recommendation to City Council. d Administrator issues notice of second public hearing. e City Council holds public hearing, renders final decision on petition Form 2 LAND DEVELOPMENT REGULATION AMENDMENT PETITION 1 Petition Contents Land Development Regulation amendment petition shall be submitted on the appropriate application form and comprises the following: a Petitioner's name, address, phone number. b Reason for requesting the amendment. c Details of the requested amendment. d Supplementary supporting information. e Information and documents requested by City Administrator prior to public hearing. f Application fee. 2 Processing Land Development Regulation amendment petitions are processed as follows: a Applicant submits petition to General Services Department. Administrator reviews petition, initiates processing issues notice of first public hearing. c Planning Board holds public hearing, forwards advisory recommendation to City Council. d Administrator issues notice of second public hearing. e City Council holds public hearing, renders final decision on petition. Form 3 ZONING DISTRICT BOUNDARY CHANGE PETITION 1 Petition Contents Zoning district boundary change petition shall be submitted on the appropriate application form and comprises the following: a Petitioner's name, address, phone number. b Proof of interest in property. Page 2 of 9 c Property survey and location map. d Property owner's list. e Site development plan. f Statement of use. g Supplementary supporting information. h Impact analysis. Application fee. 2 Processing Zoning district boundary change petitions are processed as follows: a Applicant submits petition to General Services Department. b Administrator reviews petition, initiates processing issues notice of first public hearing. c Planning Board holds public hearing, forwards advisory recommendation to City Council. d Administrator issues notice of second public hearing. e City Council holds public hearing, renders final decision on petition. Form 4 APPEAL OF AN ADMINISTRATIVE DECISION PETITION 1 Petition Contents Administrative decision appeals shall be submitted on the appropriate application form and comprises the following: a Petitioner's name, address, phone number. b Details of administrative decision under appeal, including name of individual issuing decision, date of issuance, and written copy of decision. c Reasons for requesting appeal of decision. d Supplementary supporting information. e Application fee. 2 Processing Administrative decision appeals are processed as follows: a Applicant submits petition to General Services Department. b Administrator reviews petition, initiates processing. c Board of Adjustment holds public meeting, renders final decision on petition. Form 5 SPECIAL EXCEPTION USE PETITION 1 Petition Contents Special exception use petition shall be submitted on the appropriate application form and comprises the following: a Petitioner's name, address, phone number. b Proof of interest in property. c Property survey and location map. Page 3 of 9 d Property owner's list e Site development plan f Statement of use. g Supplementary supporting information. h Impact analysis. Application fee. 2 Processing Special exception use petitions are processed as follows: a Applicant submits petition to General Services Department. b Administrator reviews petition, initiates processing, issues notice of public hearing. c Board of Adjustment holds public hearing, and renders final decision on petition. Form 6 VARIANCE PETITION 1 Petition Contents Variance petition shall be submitted on the appropriate application form and comprises the following: a Petitioner's name, address, phone number. b Proof of interest in property. c Property survey and location map. d Property owner's list. e Site development plan. f Statement of use. g Supplementary supporting information. h Application fee. 2 Processing Variance petitions are processed as follows: a Applicant submits petition to General Services Department. b Administrator reviews petition, initiates processing, issues notice of public hearing. c Board of Adjustment holds public hearing, and renders final decision on petition. Form 7 TEMPORARY USE PERMIT 1 Application Contents Temporary use permit application shall be submitted on the appropriate application form and comprises the following: a Applicant's name, address, phone number. b Proof of interest in property. Page 4 of 9 c Property survey and location map, if available. d Site plan, if applicable. e Statement of temporary use. f Supplementary supporting information. g Application fee. 2 Processing Temporary use permits are processed as follows: a Applicant submits application to General Services Department. b Administrator reviews application, initiates processing. c Planning Board holds public meeting, and renders final decision on application. If the application is approved, appropriate conditions may be attached to the permit. Form 8 SIGN PERMIT 1 Application Contents Sign permit application shall be submitted on the appropriate application form and comprises the following: a Applicant's name, address, phone number. b Proof of interest in property. c Property survey and location map, if available. d Site plan, if applicable. e Sign plan. f Supplementary supporting information. g Application fee. 2 Processing Sign permits are processed as follows: a Applicant submits application to General Services Department. b Administrator reviews application, initiates processing. c Planning Board holds public meeting, and renders final decision on application. If the application is approved, appropriate conditions may be attached to the permit. Form 9 PRELIMINARY MINOR SITE PLAN REVIEW 1 Application Contents Preliminary minor site plan review applications shall be submitted on the appropriate application form and comprises the following: a Petitioner's name, address, phone number. b Property survey and location map. c Preliminary site plan or site development plan. d Application fee. Page 5 of 9 2 Processing Preliminary minor site plan review applications are processed as follows: a Applicant submits petition to General Services Department. b Administrator reviews petition, initiates processing. c Technical Review Committee review application and prepares preliminary report and recommendations for review with applicant. Form 10 FINAL MINOR SITE PLAN APPROVAL 1 Application Contents Final minor site plan approval applications shall be submitted on the appropriate application form and comprises the following: a Petitioner's name, address, phone number. b Proof of interest in property. c Property survey and location map. d Preliminary site plan or site development plan. e Statement of use. f Supplementary supporting information. g Application fee. 2 Processing Final minor site plan approval applications are processed as follows: a Applicant submits petition to General Services Department. b Administrator reviews petition, initiates processing. c Technical Review Committee review application and prepares report with conditions and recommendations for review by Planning Board. d Planning Board holds public meeting, renders final decision on petition. Form 11 PRELIMINARY MAJOR SITE PLAN REVIEW 1 Application Contents Preliminary major site plan review applications shall be submitted on the appropriate application form and comprises the following: a Petitioner's name, address, phone number. b Property survey and location map. c Preliminary site plan or site development plan. d Application fee. 2 Processing Preliminary major site plan review applications are processed as follows: a Applicant submits petition to General Services Department. b Administrator reviews petition, initiates processing. c Technical Review Committee review application and prepares report with Page 6 of 9 conditions and recommendations for review by Planning Board. d Planning Board holds public meeting, forwards advisory recommendation to City Council. e City Council holds public meeting, renders final decision on petition. Form 12 FINAL MAJOR SITE PLAN APPROVAL 1 Application Contents Final major site plan approval applications shall be submitted on the appropriate application form and comprises the following: a Petitioner's name, address, phone number. b Proof of interest in property. c Property survey and location map. d Preliminary site plan or site development plan. e Statement of use. f Supplementary supporting information. g Application fee. 2 Processing Final major site plan approval applications are processed as follows: a Applicant submits petition to General Services Department. b Administrator reviews petition, initiates processing. c Technical Review Committee review application and prepares report with conditions and recommendations for review by Planning Board. d Planning Board holds public meeting, forwards advisory recommendation to City Council. e City Council holds public meeting, renders final decision on petition. Form 13 PRELIMINARY SUBDIVISION SKETCH OR PLAT REVIEW See Land Development Regulations Volume 3 Form 14 FINAL SUBDIVISION PLAT APPROVAL See Land Development Regulations Volume 3 Form 15 SUBDIVISION PLAT MODIFICATION PETITION 1 Application Contents Subdivision plat modification petitions shall be submitted on the appropriate application form and comprises the following: a Petitioner's name, address, phone number. b Proof of interest in property. C Property survey and location map. Page 7 of 9 d Modified subdivision plat. e Statement of reasons for requesting modification of plat. f Supplementary supporting information. g Application fee. 2 Processing Subdivision plat modification petitions are processed as follows: a Applicant submits petition to General Services Department. b Administrator reviews petition, initiates processing: c Technical Review Committee reviews application and prepares report with conditions and recommendations for review by Planning Board. d Planning Board holds public meeting, renders final decision on petition. Form 16 ABANDONMENT OF RIGHT -OF -WAY PETITION 1 Application Contents Abandonment of right -of -way petitions shall be submitted on the appropriate application form and comprises the following: a Petitioner's name, address, phone number. b Statement of interest in property. c Location map and dimensions of right -of -way to be abandoned. d Site plan of property after abandonment of right -of -way. e Statement of reasons for City to abandon right -of -way. f Supplementary supporting information. g Application fee. 2 Processing Abandonment of right -of -way petitions are processed as follows: a Applicant submits petition to General Services Department. b Administrator reviews petition, initiates processing, issues notice of public hearing. c Technical Review Committee reviews application and prepares report with conditions and recommendations for review by Planning Board. d Planning Board holds public meeting, forwards advisory recommendation to City Council. e City Council holds public hearing, renders final decision on petition. Form 17 REVERSION SUBDIVIDED LAND INTO ACREAGE PETITION 1 Application Contents Reversion of subdivided land into acreage petitions shall be submitted on the appropriate application form and comprises the following: a Petitioner's name, address, phone number. b Proof of interest in property. Page 8 of 9 c Property survey and location map. d Site plan of property after reversion of subdivided land to acreage. e Statement of use. f Supplementary supporting information. g Application fee. 2 Processing Reversion of subdivided land into acreage petitions are processed as follows: a Applicant submits petition to General Services Department. b Administrator reviews petition, initiates processing, issues notice of public hearing. c Technical Review Committee review application and prepares report with conditions and recommendations for review by Planning Board. d Planning Board holds public meeting, forwards advisory recommendation to City Council. e City Council holds public hearing, renders final decision on petition. THAT this resolution shall become effective immediately upon its adoption by the City Council at regular or special public hearing. INTRODUCED and adopted this 6th day of October , 1998. /s/ James E. Kirk, Mayor ATTEST: /s/ Bonnie, S. Thomas, CMC, City Clerk APPROVED FOR LEGAL SUFFICIENCY: Is/ John R. Cook, City Attorney Page 9 of 9 RESOLUTION NO. 98 -10 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA ADOPTING REQUIREMENTS FOR INFORMATION AND MATERIALS TO BE SUBMITTED WITH PETITIONS AND APPLICATIONS UNDER THE LAND DEVELOPMENT REGULATIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS the CITY OF OKEECHOBEE is adopting a unified land development code to Create land use designations throughout the City of Okeechobee with related regulations and procedures associated therewith; and WHEREAS such regulations require the creation and implementation of forms, rules and procedures, fee schedules and related information to assist in the implementation of the land development regulations; and WHEREAS the City determined that the adoption of such forms and regulations are appropriate by resolution to maintain flexibility and ease of periodic amendment as may be required from time to time; THEREFORE, be it resolved and approved that the following forms, rules, procedures and fees are hereby adopted by the City of Okeechobee: UNIFIED LAND DEVELOPMENT CODE VOLUME 1 - APPENDIX B INFORMATION REQUIRED ON APPLICATION FORMS Applicants shall submit the following information required under the appropriate petition heading following, and any additional information as required on the current application form. Information 1 PROOF OF INTEREST IN PROPERTY Proof of interest in property shall be submitted with applications, when required, as follows: 1 Statement of applicant's interest in property. 2 Copy of last warranty deed. 3 Consent of owner to application: a If joint and several ownership, a written consent to application by all owners of record, or, b If a contract purchase, written consent of the seller /owner, or c If an authorized agent, a copy of the agency agreement or written consent of owner or d If a lessee, a copy of the lease agreement and written consent of owner. Page 1 of 6 4 Corporate entity authorization to application including: a Name of officer or representative responsible for application. b Written proof that the representative is an officer or representative of the corporation. c Written proof that the representative has the delegated authority to represent the corporation on the application. Information 2 PROPERTY SURVEY AND LOCATION MAP Survey shall be submitted in support of applications, when required, and contain the following: 1 Certified boundary survey of the property, and survey date, surveyor's name, address, phone. 2 Legal description of property pertaining to the application. 3 Computation of total acreage to nearest tenth of an acre. 4 Location sketch of subject property, and surrounding area within one half mile radius. 5 Drawing size: 11" by 17 ", scale not less than 1 inch to 20 feet, north point. Information 3 PROPERTY OWNER'S LIST A list of surrounding property owners shall be submitted as part of application documentation, when required, as follows: 1 Complete list of all property owners, mailing addresses, and property numbers, for all property within 300 Feet of the subject property, as recorded in the latest official tax roll in the County courthouse. 2 Affidavit attesting to completeness and correctness of list. Information 4 STATEMENT OF USE A statement of proposed use shall be submitted in support of applications, when required, containing the following: 1 Statement of special reasons and basis for the request. 2 Intended use, nature of activities and development of property. 3 Existing use of surrounding property. 4 If a temporary use, the time for which the temporary use is requested. Page 2 of 6 Information 5 SUPPLEMENTARY SUPPORTING INFORMATION The following supporting information may be submitted in support of any petition: 1 Factual materials and data, including reports, studies, maps, plans, and photographs. 2 Information and documents requested by the City. Information 6 TABULAR SUMMARY A tabular summary of relevant data indicated on plans shall be submitted in support of applications and requests for approvals when required, containing the following: 1 Zoning district classification; minimum requirements and as provided. 2 Residential lots; by type, density, gross areas, and percentages of total land use. 3 Non - residential land uses; by type, gross areas, and percentages of total land use. 4 Public areas, reservations, buffers, open spaces, water retention lakes and recreation uses; dimensions, gross areas, and percentages of total land use. Information 7 SITE PLAN A site plan required to be submitted with an application shall comply with the following: 1 Prepared by an architect, engineer, landscape architect or planner, with professional's name address and phone. 2 Drawing size: no less than 11" x 17 "; scale not Tess than 1 inch to 20 feet. 3 Survey showing existing features of the property, including buildings, structures, parking, access, easements, significant vegetation, contours and water. 4 Survey showing existing surrounding features within 100 feet of the property, including buildings, structures, easements, access, streets, significant vegetation, contours and water. 5 Plan showing proposed buildings, additions, structures, easements, parking, access, signs, landscaping, contours and water. Information 8 SITE PLAN A site plan required to be submitted with an application shall comply with the following: 1 Statement of Planning Assumptions Statement of major planning assumptions and objectives of development including: Page 3 of 6 a Project description. b Projected residential population, age group and family type. c Projected commercial and industrial activities, number of employees, hours of operation. d Proposed density, by building type and use area. e Proposed ownership type; ownership and maintenance organization for open space and recreation facilities. f Projected sequence of construction phases and development schedule. g Proposed engineering systems: water supply, sanitary waste disposal, storm water retention and outran, solid waste disposal, emergency services, and utility supplies. 2 Plan Preparation a Prepared by an architect, engineer, landscape architect or planner, with professional's name, address and phone. b Project name, and owner's name. c Drawing size: 11" by 17 "; scale not Tess than 1 inch to 20 feet; north point, date. d Legal description of property: including section, township, range; location map. 3 Existing Conditions Survey showing existing features of the property including: a Boundary dimensions and bearings; existing easements and restrictions to use of property. b Contours at one foot intervals, or elevations at 100 feet grid intervals. c Buildings, structures, easements, streets, access, significant vegetation and water. d Existing land use and zoning districts. e Surrounding adjacent uses, zoning, and physical features within 100 feet of site. 4 Proposed Development Plan showing proposed development of the property including: a Proposed buildings, structures, and land use areas, by location, type and size. b Proposed traffic access, circulation, parking and loading spaces, and pedestrian access. c Proposed landscaping features, vegetation to be preserved, water bodies, sign locations. 5 Summary Tabulation on Site Plan Tabular summary indicating relevant data including: a Zoning district classification, existing and proposed. b Residential dwelling units, by type and density. c Building types, coverage, height, gross areas. Page 4 of 6 d Other land uses by acreage and percentage. e Open space, recreation areas, retention lakes, buffers, vegetation preserves. Information 9 ENVIRONMENTAL ANALYSIS Development proposals shall be accompanied by evidence that the following studies either have been completed or are not relevant to the property. Inventories of: 1 Wetlands. 2 Soils posing severe limitations to development. 3 Unique habitat. 4 Endangered species of wildlife and plants. 5 Flood prone areas. Information 10 PUBLIC FACILITY IMPACT ANALYSIS A public facility impact analysis is required to be submitted with applications for development approval and shall contain the following information based upon needs at project build -out. 1 Potable Water Demand Potable water needed, calculated at 114 gallons per capita per day. 2 Wastewater Generated Wastewater generated, calculated at 30 gallons per capita per day. 3 Solid Waste Generated Solid waste generated, calculated at 3 Ibs per capita per day. 4 Stormwater Drainage Stormwater drainage system, designed for a 25 year, 24 hour storm, to SFWMD requirements, using FEMA Flood Insurance Rate Maps and City road crown elevations. 5 Recreation Open Space Demand Recreation open space needed, calculated at 3 acres per 1,000 persons. 6 Traffic Generated Traffic generated, using ITE Trip Generation Rate Manual; with Principal arterial LOS - C; and all other roads LOS - D. Information 11 SIGN PLAN A sign plan required shall comply with the following: Page 5 of 6 1 Sign owner's name, address and phone number. 2 Construction design by an architect, engineer, or sign manufacture, with the designer's name, address and phone number. 3 Construction and erection contractor's name, address, phone number. 4 Drawing size: not Tess than 11" by 17 "; scale not less than 1 inch to 20 feet. 5 Site plan showing location of property. 6 Sign design drawing showing: a Type and design of sign. b Graphic information displayed and color scheme. c Construction details and specifications. d Structural design calculations, prepared by architect, engineer or sign manufacturer. e Lighting details and specifications, if applicable. THAT this resolution shall become effective immediately upon adoption by the City at regular or special public hearing. INTRODUCED and adopted this 6th day of October , 1998. Isl James E. Kirk, Mayor ATTEST: Is/ Bonnie S. Thomas, CMC, City Clerk APPROVED FOR LEGAL SUFFICIENCY: Isl John R. Cook, City Attorney Amended by Res. No. 99-8, 6/15/99. Page 6 of 6 RESOLUTION NO. 98 -11 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA ADOPTING AND INCORPORATING A SCHEDULE OF FEES AND CHARGES TO BE ENFORCED WITHIN THE CITY FOR APPLICATIONS AND PETITIONS AS PERMITTED UNDER THE LAND DEVELOPMENT REGULATIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS the CITY OF OKEECHOBEE is adopting a unified land development code to create land use designations throughout the City of Okeechobee with related regulations and procedures associated therewith; and WHEREAS such regulations require the creation and implementation of forms, rules, procedures, fee schedules and related information to assist in the implementation of the land development regulations; and WHEREAS the City determines that the adoption of such forms and regulations are appropriate by resolution to maintain flexibility and ease of periodic amendment as may be required from time to time; THEREFORE, be it resolved and approved that the following forms, rules, procedures and fees are hereby adopted by the City of Okeechobee: UNIFIED LAND DEVELOPMENT CODE VOLUME 1- APPENDIX C SCHEDULE OF LAND DEVELOPMENT REGULATION FEES AND CHARGES Fees and charges listed below pertain to applications, petitions, reviews and appeals before City Council, Planning Board, and Board of Adjustment. They shall be paid at the time of application filing When the cost for advertising, publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the City on the application, the applicant shall pay the actual costs. FEE SCHEDULE 1 Comprehensive Plan Amendment $500.00 a Large Scale Future Land Use Map Amendment (Requires 2 Public Hearings) $500.00 b Text Amendment (Requires 2 Public Hearing) $500.00 c Small Scale Future Land Use Map Amendment (Requires 1 Public Hearing) $250.00 Amended by Res 00-9, 12/5/00. Page 1 of 3 2 Land Development Regulations Amendment Advertisement for 2 Public Hearings 3 Zoning District Boundary Change (Rezoning) (Requires 1 Public Hearing and surrounding property owners be notified) 4 Appeal of an Administrative Decision Advertisement for 1 Public Hearing 5 Variance (Advertisement for 1 Public Hearing) 6 Special Exception Use Petition (Advertisement for 1 Public Hearing) 7 Temporary Use Permit 8 Sign Permit 9 Preliminary Minor Site Plan Review 10 Final Minor Site Plan Approval 11 Preliminary Major Site Plan Review 12 Final Major Site Plan Approval 13 Preliminary Subdivision Sketch or Plat Review 14 Final Subdivision Plat Approval 15 Subdivision Plat Modification Advertisement for 1 Public Hearing 16 Abandonment of Street or Alley Advertisement for 1 Public Hearing 17 Reversion of Subdivided Land to Acreage Advertisement for 1 Public Hearing 18 Development of Regional Impact Amended by Res 00 -9, 12/5/00. Page 2 of 3 $500.00 $500.00 Plus per acre fee of: $30.00 $425.00 $250.00 $250.00 Plus per acre fee of: $20.00 $175.00 $50.00 $400.00 Plus per acre fee of: $30.00 $425.00 Plus per acre fee of: $30.00 $500.00 Plus per acre fee of: $30.00 $500.00 Plus per acre fee of: $30.00 $425.00 Plus Per acre fee of: $30.00 $500.00 $200.00 Plus per acre fee of: $30.00 Application Fee: $ 25.00 Public Hearing Fee: $170.00 $200.00 Plus per acre fee of: $30.00 $3,000.00 Plus per acre fee of: $30.00 19 Development of Significant Environmental Impact $1,150.00 Plus per acre fee of $30.00 20 Engineering Services It is understood that the City cannot determine in advance on applications filed by applicants under this section whether the application will have to be reviewed /approved by the engineering firm retained by the City, in addition to any review provided by the City building official, department head or other City personnel. If required, the approval or review must be made by the engineering firm on retainer with the City at the time of submission of the application. Therefore, in the event such additional engineering fees and charges are incurred in the processing and approval process of the application, such fees and charges, as set by the existing contract between the City and the engineering firm, will be assessed to, and paid by the applicant, which shall be considered in addition to any application fees, charges or assessments for the services provided by Resolution No. 98 -11, and as amended. The City shall notify the applicant prior to incurring such engineering fees and charges, to afford the applicant the opportunity to determine whether it is feasible to proceed with such application in light of such additional costs. No application that has incurred fees and charges for engineering services, or other professional consultants as provided in Resolution No. 98 -11, shall proceed to final approval without advance payment in full for such additional fees and charges. THAT this resolution shall become effective immediately upon adoption by the City Council at regular or special public hearing. INTRODUCED and adopted this 6th day of October , 1998. /s/ James E. Kirk, Mayor ATTEST: Is/ Bonnie S. Thomas, CMC, City Clerk APPROVED FOR LEGAL SUFFICIENCY: /s/ John R. Cook, Citv Attorney Amended by Res 00-9, 12/5/00. Page 3 of 3 RESOLUTION NO. 98 -12 A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA ADOPTING AND SETTING FORTH DESIGN GUIDELINES FOR USE IN THE LAND USE DESIGNATION OF CENTRAL BUSINESS DISTRICT WHICH ARE SUGGESTIVE IN NATURE IN ORDER TO MAINTAIN A UNIFORM DESIGN FOR COMMERCIAL DEVELOPMENT WITHIN SUCH LAND USE; PROVIDING FOR AN EFFECTIVE DATE, WHEREAS the CITY OF OKEECHOBEE is adopting a unified land development code to create land use designations throughout the City of Okeechobee with related regulations and procedures associated therewith; and WHEREAS such regulations require the creation and implementation of rules, procedures and suggested guidelines to maintain continuity among certain land use designations; and WHEREAS the City has determined that design guidelines are necessary and helpful in the land use designation of Central Business District due to recent downtown renovation projects, and to maintain consistent and similar design for future development in such district; and WHEREAS the City has determined that these guidelines should be suggestive in nature rather than mandatory, and that as amendment may be required from time to time on short notice to accommodate the needs of the City and of the public, that such guidelines are appropriate by resolution; THEREFORE, be it resolved and approved that the following design guidelines are adopted for use in Central Business District land use designations: UNIFIED LAND DEVELOPMENT CODE VOLUME 1- APPENDIX D Central Business District Building Design Guidelines These building design guidelines provide information to assist the building designer to integrate public and commercial buildings within the urban landscape. They are intended to encourage creation of a high quality environment for business, work and shopping areas, and alert architects, engineers, and developers to features that should be given careful consideration during project development. The building design guidelines contain no mandatory requirements. 1 Overall Building Design a Buildings should have a strong unified architectural image, and all sides of buildings, signs, fences, landscaping, lighting, walks, and other amenities should be detailed consistently. Page 1 of 4 b Building forms should be appropriate for the south central Florida climate, incorporating overhangs for shading, and provision for natural building ventilation and air movement. c Projects should be planned and designed to be compatible with adjacent well designed buildings and urban landscape. d Where an historical architectural style is used, it should be consistent in detailing and materials. e There should be an honest expression in construction and design, achieved through proper use of building forms, quality materials, and judicious use of color and textures. 2 Building Massing and Relationships a Building should be related to human scale, and should not be planned as one large unarticulated mass. b Building forms and elements should be related to corresponding elements on adjacent buildings. Major horizontal features, windows, floor and roof levels, arcades, and canopies should recognize adjacent building alignments. The rhythm of major vertical elements, column bays, and windows in fine existing buildings should be echoed in new buildings. c Covered arcades, canopies, and exterior courts should be incorporated to improve livability in the Florida climate, to reduce apparent building mass, and to add interest. External Building Materials a Building Construction materials: Construction materials should be of lasting quality, properly used, installed and maintained. Facing brick and stone (Each of fairly uniform color), textured concrete, terra cotta, and stucco on masonry are acceptable primary building materials for public and commercial structures. Fake, imitation and non - durable materials should not be used. Canvas canopies and awnings may be used, provided they are properly maintained and replaced before they deteriorate_,. Wall Treatment: Window and door unites should be well scaled quality fixtures; bronze, anodized aluminum, and hardwood units are recommended. Extensive areas of reflective glass window wall, vinyl, plastic, metal and wood siding, and jalousie windows should be avoided. c Roof Treatment: Low pitched sloping roofs with clay tiles are recommended where appropriate to the building use. Flat roofs may be used, provided all mechanical equipment is concealed from public view. d Paving Treatment: Modular paving materials are recommended over monolithic surfaces for pedestrian areas. Paving modules should be designed to accommodate lighting units, seating, trash receptacles, trees, planters, drains and similar items. Textured and colored paving surfaces such as clay brick pavers, (not facing bricks) are recommended rather than smooth and grey finishes. Paving materials on private property may vary from, but should complement, adjacent public and private walkways in pattern and texture. Pedestrian paving materials and patterns should be Page 2 of 4 used to identify crosswalks in parking lots. e Color and texture: Overall building colors schemes should be compatible with adjacent quality buildings. Light and pastel colors should predominate, darker accent colors may be used to add definition and interest around elements such as door and window openings. Where feasible, texture and color should be an integral part of the building material. Strongly textured permanent materials and decorative clay product are recommended. Polished stainless steel, reflective mirror glass and similar glare producing materials should not be used extensively. Highly contrasting patterned color schemes in black and white or red and white, (for example, schemes reminiscent or motor speedway tracks), should be avoided as they are a visual disruption in the urban landscape. 4 Pedestrian Circulation Features and Amenities Pedestrian circulation should be barrier free and ramps are to be provided for the handicapped, in accord with Florida regulations. Pedestrian circulation should be planned and integrated in design with adjacent projects. Commercial building, first floor level facades should be attractive and provide visual interest, with shop windows, display units, entrances, and public amenities. Large areas of blank walls are to be avoided. No more than 30 percent of the first floor building elevation adjacent to a public walkway should be solid wall. Pockets of dead space along shopping streets are to be avoided. Where exterior courts or major building facade setbacks occur, entrances should be provided. Arcades, canopies and awnings should be provided along pedestrian walks for sun and rain protection. They should be at least 8 feet wide, with a clear head room of 9 feet. They should be permanent design elements, but may have movable and replaceable components. Public amenities such as fixed seating in shaded areas, trash receptacles, drinking fountains, xeriscape drought tolerant landscaping, lighting units, water features, sculpture, information directories, should be provided. 5 Lighting a Architectural, safety, emergency and security lighting, should be integrated into the building design. b Pedestrian lighting should safely illuminate walkways, either from Tight standards or from lower level, vandal resistant, accent lights, set at a uniform height. c Low intensity landscape lighting may be used. d Automatic security lighting should illuminate all areas around the building and should not create shadow pockets. e Lighting should be directed away from streets and adjacent property, and should not create annoying glare. f Energy efficient lighting equipment should be used. Metal halide are Page 3 of 4 recommended to be used in pedestrian'areas, and high pressure sodium in parking areas. g White Tight is recommended, and multi - colored lighting is to be avoided, especially when it might conflict with traffic signals. 6 Service Facilities and Mechanical Equipment a Service entrances and service disposal facilities should be screened from view, and should be located so as not to disrupt pedestrian movement. b Mechanical equipment and utility services should be located and screened so as not to be visible from public areas adjacent property. c Noise from mechanical services should not be apparent in outside public areas. d Power and communications transmission liens should be underground in public areas. e Provision should be made for natural ventilation and air circulation, to reduce energy costs and noise. f Window air conditioning units should not be used. THAT this resolution shall become effective itnmediately upon adoption by the City Council at regular or special public hearing. INTRODUCED and adopted this 6th day of October , 1998. /s/ James E. Kirk, Mayor ATTEST: /s/ Bonnie S. Thomas, CMC, City Clerk APPROVED FOR LEGAL SUFFICIENCY: /s/ John R. Cook, City Attomev Page 4 of 4