0711 Downtown Renovation Distr. ORDINANCE NO. 711
AN ORDINANCE OF THE CITY OF OKEECHOBEE,
FLORIDA AMENDING THE CITY OF OKEECHOBEE
CODE OF ORDINANCES, CHAPTER 8, DEFINITIONS;
RESCINDING AND RE- STATING SECTIONS OF
CHAPTER 8; ESTABLISHING DOWNTOWN
RENOVATION DISTRICT; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Okeechobee recognizes the need
to regulate and monitor the aesthetic nature of both public and private lands,
structures and business' located within the City; and
WHEREAS, the City has embarked upon a downtown re- vitalization
project and historic preservation efforts to further the goals announced herein,
and to formulate a City -wide plan through ordinances to create and enforce the
necessary codes to attain such goals; and
WHEREAS, the City finds that such aesthetic codes bear substantially on
the economic, social and cultural patterns of the community, and tend to promote
the public health, safety, welfare, morals, comfort and order of the City as a whole;
and
WHEREAS, the City believes that reasonable regulations to promote the
beauty and aesthetic character of the City in a uniform manner tends to improve
the general character of the City and its residents, and bears directly upon the
economic vitality of the City as a whole, and is in the best interest of the City and
of its citizens; and
WHEREAS, the City Council by majority vote of those present has voted to
amend Chapter 8, Code of Ordinances, City of Okeechobee; and therefore,
BE IT ORDAINED by the City Council of the City of Okeechobee,
Florida as follows:
CHAPTER 8 is amended to the following:
Sec. 8.1 Definitions.
As used in this Chapter:
Abandoned nronerty means wrecked or derelict items of property of
little inherent value, including junk as defined herein, that is placed,
stored, or abandoned at a public place or right of way, or such items
of property owned by a private person or business entity, and which
are located or placed at a location other than the lands owned or
leased by such private individual or business entity.
Accumulate is synonymous with store, keep, hold, and retain. The
term includes the retention or storage of one item, as well as the
amassing of more than one item.
Garbage means putrescible animal and vegetable wastes resulting
from the handling, preparation, cooking and consumption of food
items.
Junk means scrap metal, tires, and those items including but not
limited to items such as dismantled, partially dismantled,
nonoperative or discarded machinery, appliance, equipment, motor
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vehicle, motorcycle, tractor, motors, farm implements, trailers, frames
or parts thereof, and boat or vessel of every nature, regardless of its
inherent value, and regardless whether it is accumulated for resale
or discard by the owner or custodian thereof, and where the items are
stored or located in a place other than a totally enclosed building or
structure. Any item of tangible personal property, designed to be used
in an environment which is protected from the elements, such as the
interior of a building or structure, shall be irrebuttable presumed to
be junk if the item is placed or stored outside such building or
structure. Further, any motor driven device or vehicle and parts
thereof in inoperable condition shall be irrebuttably presumed to be
junk, regardless of whether such item could become operable with
repair or assembly. For the purpose of this chapter, inoperable
condition shall mean a condition of disrepair which renders the item
inoperable in a normal manner, or in the manner for which the item
was designed, for a period of time in excess of ten days. Not included
within this definition are normally operating motor driven devices,
vehicles or farm equipment temporarily stored at a garage or repair
facility for purposes of repair, for a period not to exceed ten days.
Junkyard means an establishment or place of business which
operates or is operated or maintained for the purpose of storing,
buying, trading or selling junk as defined above.
Refuse means all putrescible and nonputrescible solid wastes, (except
bodily waste), including but not limited to garbage, rubbish, ash,
street cleanings, dead animals, abandoned automobiles, junk, and
solid market and industrial wastes.
Rubbish means nonputrescible solid wastes consisting of both
combustible and noncombustible wastes, such as paper, cardboard,
tin cans, yard trash, wood, glass, bedding, crockery and similar
materials.
Street advertising means the placement by a business owner, tenant,
agent or custodian thereof, of signs or items for display to the general
public outside of their building or structure, for advertising purposes
on the grounds of the business.
Flea market sales means a gathering of two or more vendors at an
outdoor location who assemble and display products in booths, on
tables, or at an assigned spot for sale to the public; or a single
business owner or tenant who places items for sale at a location
outside his or her regular business lcoation, for purposes of browsing
by customers for sale to the public, which would not be considered
just for the advertising of products or sale within said business. The
placing of products outside for display shall constitute a flea market
sale if the purpose meets the definitions contained herein; if three or
more of the items on display for sale are not new; if the items to sell
are brought to the business from a location other than the business;
or if the total number of items for sale, new or used, exceeds six in
total number.
Untended vegetation means grass, weeds or underbrush in excess of
twelve (12) inches in height from the ground, dead trees, hedges or
any dense growth of trees, vines or other vegetation which tends to
create a danger to the public health, safety and welfare by creating a
fire hazard; by providing a nesting, breeding or feeding area for
insects, rodents, snakes or other species of pest and vermin, dor
disease bearing organism; or such vegetation impairing the vision of
motorists or bicyclists or impeding pedestrians to the extent that
traffic and pedestrian safety is impaired; or by adversely affecting the
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aesthetic appearance to the property upon which the vegetation is
located and adjacent properties.
Sec. 8 -2 Responsibility of owners, agents and tenants.
(a) No owner or tenant, or authorized agent thereof, or custodian of any
real property within the City, shall place or permit to be placed, or
allow abandoned property, junk, trash, rubbish, garbage, stagnant
water, waste, or refuse to accumulate, remain, or be placed on such
real property at any location within the City, regardless of zoning or
land use designations; or cause or allow such items to be located on
any portion of the property if such would constitute a nuisance, or
hazard to the public safety or welfare.
Excepted from this prohibition are junkyards and those sole items
defined as "junk located or placed in areas designated by zoning and
land use designations to be commercial or industrial in nature, and
which existed as of August 8, 1978, and are legally considered to be
existing non conforming uses as defined under ordinance 402,
section 7 (15).
For any such present non conforming uses, the junk shall not be
viewable from any public right of way, and all property front, sides or
rear, viewable from any public right of way, shall be surrounded by
a fence a minimum of eight feet in height. The fence shall comply with
all building codes; be constructed of but one type of materials; and
shall be solid or opaque so as to prevent the viewing of the junk items
from any public right of way or place. Further, the interior of such
real property and the location or placement of the junk items thereon
shall require a cleared set -back of thirty feet from the fence or
property line, whichever is further, as well as cleared thirty foot lanes
along every one hundred feet of property width, so as to permit the
movement of fire, safety, ambulance, or other emergency equipment
on the premises in the event of an emergency.
(b) It shall further be the responsibility of an owner, tenant, or
authorized agent thereof of each lot, parcel, or tract of land within the
City to reasonably regulate and effectively control excessive growth
and accumulation on such property as enumerated in section 8 -1
herein. It shall also be the responsibility of those named to drain,
regrade or refill any lot, parcel or tract of land, including ponds,
depressions or swimming pools thereon which shall be dangerous,
unwholesome, unsanitary, or stagnant so as to endanger the public
health or safety, or be in such other condition as to be susceptible to
producing illness or disease.
(c) No owner, tenant, agent or custodian of any business located within
the area designated herein to be within the "downtown" renovation
and historic district shall be permitted to conduct flea market sales,
as defined herein. Street advertising is permitted within such district,
providing the items or products placed outside a business are solely
for advertising purposes, and the manner of their display would not
constitute flea market sales. No signs other than those as affixed to
the business building shall be permitted outside the business
location within this district, except "for sale" signs not over 12 x 15"
in size.
(d) Exceptions: Nothing in this chapter shall prohibit a person from
accumulating yard trash for the purpose of composting, or for pick
up by the City's trash hauler. However, any composting materials
shall be regularly maintained, and no yard trash shall remain
curbside for pick -up in excess of three (3) days. Nothing contained
herein shall prohibit the maintenance of ornamental vegetation of any
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height whatsoever, so long as the vegetation in question is regularly
pruned and maintained.
Sec. 8 -3 through 8 -41. (same)
ARTICLE III
DOWNTOWN RENOVATION DISTRICT
Sec. 8 -42. Creation of District.
There is created within the City of Okeechobee a district known as the
downtown renovation district, established to meet the retail and service
needs of the downtown area, and to proved a unique and enjoyable
shopping and activity center for the region with preservation of architectural
style and historic structures. This district is most appropriate downtown,
with "downtown" generally considered to be that area of compact and
continuous commercial uses radiating from the intersection of S.R. 15 (U.S.
441 /Parrott Avenue) and S.R. 70 (Park Street). Such area may be amended
from time to time as in the best interests of the City of Okeechobee, and at
this time is determined to be a rectangular area generally bounded on the
East by Fourth avenue; on the West by Eighth Avenue; on the North by
Third street; and on the South by Third street.
Sec. 8 43. Creation of Design review committee
1. Design review.
(a) The planning and zoning board as created by the land
development code shall also serve as the design review
committee, and who shall also serve the dual function of
historic preservation review as provided below.
(b) The committee shall review all developmental proposals,
including permit applications, which if implemented, would
require site plan approval by the City, or which constitute
exterior repair /renovations of such property. The committees
review shall include, but is not limited to, the review of the
following:
Architectural form and style.
Texture, specifically building exteriors.
Patterns and rhythm as to the placement, and size of
windows, doors, balconies, marquees, awnings and as to roof
design.
Colors.
Signage and graphics.
Aesthetic exterior lighting.
(c) The City adopts for the "downtown" area as defined herein the
style, colors and aesthetic makeup of buildings and structures
in the Park Street downtown renovation project of 1998 under
CDBG grant administered by Fred Fox, and constructed by
W.G. Mills Inc. While precise conformity with this project is
not mandated for the entire downtown area in the future, the
committee shall use such makeup as a basis for their review of
future projects under this section, to attain compatibility with
the established aesthetic makeup of the downtown area.
(d) The City considers the renovations, improvements and
historical preservation of the downtown area, and its uniform
structure and appearance to be of primary importance to the
welfare of the City. Therefore, regardless of other ordinance,
land use regulation or zoning requirement, no owner, tenant,
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agent or custodian of any property located within the
downtown area shall be permitted to alter in any significant
manner, the exterior, paint color, structure covering, awning,
signage, lighting or appearance thereto without first applying
for same by building permit issued from the City, and after
consideration by the design review committee for conformity
with other buildings or structures and consideration of their
duties herein, within the downtown area.
(e) That for any permit or site plan approval within the designated
downtown area of the City, no permit shall be issued therefore
without the prior recommendation of the design review
committee. The City Council shall have final approval on any
recommended action of the committee, including approval,
denial or amendment to any such permit by the committee.
(f) Due to those projects that may be considered, or qualify as
"historic preservation" within the downtown area, the
committee shall comply with all applicable Federal and State
laws regarding the ethics, financial disclosure, open conduct of
public business and public records, as well as all applicable
grant, funding, contracting or other regulations that pertain to
such historic structures.
THIS ORDINANCE is to be advertised and set for second hearing for
adoption in accordance with the provisions of Florida Statutes.
INTRODUCED for first reading and public hearing on this 21st day of
O e/% 1.1.
JAMES E. KIRK
A 9 ,1 c MAYOR
ATTEST:
BONNIE THOMAS, CMC
CITY CLERK
ADOPTED after second reading and second public hearing on this 5th
dm/. May 1998.
c f
D
t, JAMES E. KIRK
MAYOR
7D ATTEST:.
B NNIE, T OMAS, CMC
CITY CLERK
APPROVED FOR LEGAL SUFFICIENCY
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JOHN R. COOK
CITY ATTORNEY
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