0703 Temporary Structures ORDINANCE NO. 703
AN ORDINANCE AMENDING CHAPTER 10 CODE OF ORDINANCES CITY
OF OKEECHOBEE; ADDING SECTION 10 -77; PROVIDING FOR
ISSUANCE OF LICENSES FOR TEMPORARY STRUCTURES; TENT OR
OFF PREMISES SALES; FLEA MARKET OR INDIVIDUAL BOOTH
SALES; PROVIDING A FEE SCHEDULE; PROVIDING LICENSING
PROCEDURES; PROVIDING AN EFFECTIVE DATE.
WHEREAS, there exists no adequate means to regulate or license
temporary sales within the City of Okeechobee other than peddlers, solicitors and
street vendors; and
WHEREAS, the existence of temporary sales events and structures require
expenditure of City assets, time and labor due to problems created by parking, traffic
flow, supervision by City personnel, and police and fire department availability, which is
a burden to the Citizens of the City; and
WHEREAS, the City Council desires to protect, preserve, enhance and promote
the aesthetic appearance and character of the City of Okeechobee, and in particular
the commercial corridors of Parrott avenue and Park street, which serve as the gateway
into and out of the City; and
WHEREAS, the adoption of an amendment to the City Code as provided herein
will encourage development and provide for enhanceAproperty values within said
corridors; and
WHEREAS, the amendment and ordinance will enhance the commercial status
and visual appearance and character of Parrott Avenue and Park Street by prohibiting
certain inappropriate uses which may be permitted by right or by special exception
within the zoning and or land use districts associated with the corridors of Parrot
Avenue and Park Street; and
WHEREAS, the determination of appropriate uses contributes to the aesthetic
appearance and desired character sought by the City of Okeechobee within said
commercial corridors, and will enhance the economic value of the properties within said
corridors; and
WHEREAS, it is in the best interests of the welfare of the Citizens of the City of
Okeechobee to enact licensing regulations and procedures to protect the safety and
well -being of the City as a whole; therefore,
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE,
FLORIDA, AS FOLLOWS:
SECTION ONE: Chapter 10, code of City ordinances, City of Okeechobee,
Florida, is amended to add to said chapter:
A. Sec. 10 -77. Temporary Structures.
Temporary structures shall be subject to the following regulations:
1. Exemptions. Public emergency structures and public structures in public
parks, are exempt from this section.
2. Those persons or entities that request a temporary use license shall
conform to, and comply with, the application procedure process set for
this section, sections 10 -61 through 10 -76, as well as those set forth
herein. All temporary structures, tents, stands or booths shall be
structurally sound, secure and approved in design and installation by the
City police department at the inception of the event to be held.
3. The City finds that the permitting of temporary uses such as produce
stands, sale of used items, food items, crafts, and similar goods by
members of the general public along the rights of way and in commercial
and industrial land use districts within the City creates eyesores; trash
and refuse; potentially dangerous traffic conditions; and permitting and
enforcement difficulties. Therefore, all such temporary use permits shall
not be permitted within the City of Okeechobee. Any such permit that
exists as of the date of the adoption of this ordinance may continue, and
be renewed by the existing applicant, but when such applicant abandons
the use or fails to otherwise continue the permit, it shall not be thereafter
renewed or reissued.
4. The following temporary structures or activities are the categories that
may be permitted upon the issuance of a temporary permit, subject where
applicable to the requirements of the City licenses and business
regulations as set forth above:
(a) Temporary use permits and structures shall only be granted to charitable,
fraternal, veteran's, civic, church, or other philanthropic organizations
within the City, and may include, but is not limited to, the following:
Christmas tree, fireworks and similar seasonal sales;
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Carnival, circus, or fair or other special event;
Commercial carnival, circus, or fair in a commercial or industrial districts.
Similar temporary structures where the period of use will not exceed 30
days per year.
Temporary off premises sales, tent sales, outdoor auctions, flea market
sales may be permitted in commercial and industrial districts, and
subject to the following regulations, such applicant shall:
-Have written permission from the property owner.
-Not erect the structure for more than 15 days per year.
Meet all required setbacks and off street parking regulations in the
district in which the structure is located, and all required sign
regulations.
Remove all debris within 48 hours of expiration of the permit.
Submit proof of liability insurance paid in full covering the period for
which the permit is issued, in the minimum amount of $100,000.00 per
occurrence.
All booth or flea market sales shall be licensed as a single event by the
party organizing the event, but each booth, stall, or participant shall pay
a separate license fee for the event.
(b) Temporary off premises motor vehicle sales.
Temporary off- premises motor vehicle sales are defined as any location
for the sale of motor vehicles that is not a permanent facility licensed for
the sale of motor vehicles by a valid City occupational license.
Temporary off- premises new or used motor vehicle sales shall not be
permitted in any zoning or land use district within the City of Okeechobee.
The City of Okeechobee finds that such sales are subject to the creation
of dangerous overcrowding; traffic flows and parking problems; additional
police and fire department supervision; garbage and trash cleanup;
enforcement; and other extraordinary City services, and it is in the best
interests of the citizens of the City of Okeechobee to prohibit such
temporary off premises sales.
SECTION TWO: The license fees to be charged for the permits set forth herein
are adopted by separate resolution of the City Council
SECTION THREE: The City Clerk shall cause a certified copy of the ordinance
to be recorded in the public records of Okeechobee County, Florida.
SECTION FOUR: This ordinance shall be set for final public hearing of
November 4, 1997, and shall take effect immediately upon it's adoption.
Introduced for first reading and set for final public hearing this 21st day of
October 1997.
/JAMES E. KIRK, MAYOR
ATTEST:
BONNIE S. THOMAS, CMC
CITY CLERK
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Passed and adopted on second reading and final public hearing this 4th day
of November 1997.
JAMES E. KIRK, MAYOR
ATTEST:
BONNIE S. THOMAS, CMC
CITY CLERK
APPROVED FORi.gG L SUFFICIENCY:
JOHN R. COOK, CITY ATTOR Y
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