0699 Zoning Codes ORDINANCE NO. 699
AN ORDINANCE OF THE CITY OF OKEECHOBEE ENACTED PURSUANT
TO THE PROVISIONS OF CHAPTER 166.041(3)(B), FLORIDA
STATUTES, WHICH ORDINANCE RE- ENACTS THE PROVISIONS OF
CHAPTER 19, CODE OF ORDINANCES; WHICH ADOPTS A ZONING
CODE; WHICH SETS FORTH PROCEDURES FOR REZONING OF
PROPERTY; WHICH ESTABLISHES A BOARD OF ADJUSTMENT AND
APPEALS; WHICH ESTABLISHES A BOARD FOR ZONING, PLANNING
DEVELOPMENT; WHICH PROVIDES FOR A DATE OF TERMINATION;
WHICH PROVIDES FOR SEVERABILITY; AND WHICH PROVIDES AN
EFFECTIVE DATE.
WHEREAS, the City of Okeechobee repealed the provisions of Chapter 19, Code
of Ordinances in 1985 for the purpose of transferring all control of building and zoning
functions to Okeechobee County in a combined department; and
WHEREAS, the governing bodies of the City of Okeechobee, and Okeechobee
County determined in 1996 that they would no longer co- operate in a joint venture of
combined building and zoning departments, and all right, responsibility and duties for
building, zoning and planning functions for the City of Okeechobee was returned to the
City effective February 1, 1996; and
WHEREAS, the City of Okeechobee is in the process of reviewing and adopting a
unified Land Development Regulation pursuant to the provisions of Chapter 163, Florida
Statutes, with an expected adoption date in the latter part of 1996; and
WHEREAS, until the adoption of the Land Development Regulations the City of
Okeechobee does not have in place a formal written zoning and planning ordinance to
guide these functions for the citizens of the City; and
WHEREAS, due to ongoing projects in the City of Okeechobee and expecting that
zoning and planning functions will be necessary prior to the time that formal Land
Development Regulations are adopted, that this ordinance be adopted on an interim
measure in order to protect the welfare of the citizens of the City of Okeechobee from
unplanned or unregulated zoning, planning or building projects; it is accordingly:
APPROVED AND ADOPTED BY MAJORITY VOTE of the City Council,
Okeechobee, Florida, the following:
CHAPTER 19, CODE OF ORDINANCES
Sec. 19 -1. Re- enactment of city zoning regulations.
(a) Pursuant to agreement of the governing bodies of the City of Okeechobee
and Okeechobee County, Florida, all right, responsibility and obligation for
zoning and planning functions for the City of Okeechobee rest with the City
Council for the City of Okeechobee, Florida.
(b) That it is herein adopted and incorporated herein by reference, as the
interim zoning and planning and enforcement regulations for The City of
Okeechobee, Florida, the 1984 zoning regulation of the City of Okeechobee,
being the original Appendix A to Chapter 19, also known in the City as the
"orange book" of zoning and planning regulation.
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Sec. 19 -2. Establishment of board of adjustment; planning board.
(a) Pursuant to the provisions of sections 13 and 14 of Appendix A, a board of
adjustment and a board of planning are established, to be administered as
set out in said Appendix.
(b) Contrary to the provisions of section 17 of Appendix A, the zoning
administrator for this interim period shall be designated to be the City
Administrator, who shall fulfill all duties as zoning administrator as set out in
the regulations.
Sec. 19 -3. Conflict with Chapter 163.
(a) Nothing herein shall be construed to conflict with Chapter 163, Florida
Statutes, and anything within Appendix A in conflict with said Florida Statute
shall be subordinate to the provisions of the State Statute, and the Southern
Building Code is adopted as the interim comprehensive building code for use
by the City in the application and permit process.
(b) Nothing herein shall be construed to conflict with the existing comprehensive
plan, and future land use map, and amendments thereto, enacted by the City
of Okeechobee under the provisions of Chapter 163, Florida Statutes, and
this ordinance shall not amend any existing zoning classifications or uses.
Sec. 19-4. Sunset provision.
(a) This ordinance is designated to be an interim regulation for zoning, planning
and building functions within the City of Okeechobee, Florida, and shall be
repealed by the adoption of formal Land Development Regulations by the
City of Okeechobee, Florida pursuant to Chapter 163, Florida Statutes.
Sec. 19 -5. Severability.
(a) If any provision of this ordinance of Appendix A incorporated herein are
determined to be invalid or unenforceable for any reason, the remainder
thereof shall remain in full force and effect.
Introduced for first reading on the 19th day of November, 1 6.
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JAM ES'E. KIRK
MAYOR
ATTEST:
BONNIE HOMAS, CMC
CITY CLERK
Adopted after second reading and second public hearing a 17th day of
December, 1996.
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JAMES'E. KIRK
MAYOR
ATTEST:
BONNIE THOMAS, CMC
CITY CLERK
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