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0781 Home Occupations-LDRsORDINANCE NO. 781 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE UNIFIED LAND DEVELOPMENT CODE TO ALLOW HOME OCCUPATIONS ADMINISTRATIVELY RATHER THAN BY SPECIAL EXCEPTION USE: AMENDING SECTION 320, RESIDENTIAL SINGLE FAMILY ONE ZONING DISTRICT REGULATIONS; AMENDING SECTION 330, RESIDENTIAL SINGLE FAMILY TWO ZONING DISTRICT REGULATIONS; AMENDING SECTION 340, RESIDENTIAL MOBILE HOME ZONING DISTRICT REGULATIONS; AMENDING SECTION 350, RESIDENTIAL MULTIPLE FAMILY ZONING DISTRICT REGULATIONS; AND AMENDING SECTION 650, ACCESSORY USES AND STRUCTURES OF THE UNIFIED LAND DEVELOPMENT CODE; PROVIDING FOR REVISIONS TO THIS CODE; AND PROVIDING FORAN EFFECTIVE DATE. WHEREAS, Chapter 163, Florida Statutes, provides for amendment to adopted Land Development Regulations; and WHEREAS, no valid objection has been made to the proposed Ordinance and it appears to be in the best interest of the City of Okeechobee that this Ordinance be adopted; WHEREAS, two public hearings were held by the City on September 25, 2001 and October 16, 2001; Now THEREFORE, BE IT ORDAINED by the City Council of the City of Okeechobee, Florida as follows: SECTION 1. Section 320, RESIDENTIAL SINGLE FAMILY ONE ZONING DISTRICT REGULATIONS, Subsection 322, Special Exception Uses, has been amended as fol lows on the effective date of this Ordinance. The following uses and structures are permitted after issuance of a special exception use petition. 1. Hom 2. Boarding house 3. Adult Family Care Homes or Assisted Living Facilities as provided by Law. 4. Guest house, Servant's quarters, or Pool house, provided the lot area shall not be less than 12,500 square feet. 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. Golf course 11. Public utility 12. Permitted uses in excess of 30 feet in height Page 1 of 4 SECTION 2. Section 330, RESIDENTIAL SINGLE FAMIL Two ZONING DISTRICT REGULATIONS, Subsection 332, Special Exception Uses, has been amended as follows on the effective date of this Ordinance. The following uses and structures are permitted after issuance of a special exception use petition: 1. Home occupation 2. Boarding house 3. Adult Family Care Homes or Assisted Living Facilities as provided by Law. 4. Guest house, Servant's quarters, or Pool house, provided the lot area shall not be less than 12,500 square feet. 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. Golf course 11. Public utility 12. Permitted uses in excess of 30 feet in height SECTION 3. Section 340, RESIDENTIAL MOBILE HOME ZONING DISTRICT REGULATIONS, Subsection 342, Special Exception Uses, has been amended as follows on the effective date of this Ordinance. The following uses and structures are permitted after issuance of a special exception use petition: 1. Home oeeapation 2. Adult Family Care Homes or Assisted Living Facilities as provided by Law. 3. Day care center 4. House of worship, on a lot less than 5 acres 5. Recreation vehicle park for transient recreation use only 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. Golf course 11. Public utility SECTION 4. Section 350, RESIDENTIAL MULTIPLE FAMILY ZONING DISTRICT REGULATIONS, Subsection 352, Special Exception Uses, has been amended as follows on the effective date of this Ordinance. The following uses and structures are permitted after issuance of a special Page 2 of 4 exception use petition: 1. He 2. Guest house, provided the lot area shall not be less than 12,500 square feet 3. Boarding house 4. Group home 5. Day care center 6. House of worship, on a lot less than 5 acres 7. Off Street parking and access to a commercial enterprise in a commercial zoning district 8. Community center 9. Indoor recreation 10. Outdoor recreation 11. Public utility 12. Permitted uses in excess of 45 feet in height 13. Residential migrant housing facility 14. Adult Family Care Homes or Assisted Living Facilities as provided by Law. SECTION 5. Section 650, ACCESSORY USES AND STRUCTURES, Subsection 652, Home Occupation, has been amended as follows on the effective date of this Ordinance. 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 alteration 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 good or services shall be sold on the property. 7. Individual instruction in art, music or education may be give 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. Page 3 of 4 SECTION 6. SEVERABILITY. SECTION 7. Effective Date. INTRODUCED for first reading and set for final public hearing this 2nd day of October, 2001. onnie S. Thomas, CMC, City Clerk ATTEST: If any provision or portion of this Ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this Ordinance shall remain in full force and effect. The effective date for the enactment of this Ordinance shall be immediately upon its passage. PASSED and ADOPTED on second and final public hearing this 16"' of October, 2001. REVIEWED FOR LEGAL SUFFICIENCY: c :S)C_ John R. Cook, City Attorney Page 4 of 4 James E. Kirk, Mayor James E. Kirk, Mayor AGENDA IV. NEW BUSINESS. A. Comprehensive Plan Map Amendment Application 01- 004 -SSA. Lake View Builders, Inc., property owner and applicant. The request is to change the Future Land Use map from Residential Single Family (RSF) to Multi- Family (MF). The property is located at 910 N.W. 3r Avenue and is more particularly described as Lots 15 and 16, Block 15, City of Okeechobee. B. Consider amending Volume One of the Unified Land Development Code (Land Development Regulation's LDR's). The proposed amendment specifically to all sections regulating home occupation. VOTE HOOVER YEA KELLER YEA LEDFERD YEA MAVROIDES YEA McCoy YEA MUELLER YEA WALKER YEA MOTION CARRIED. August 28, 2001- Land Planning Agency Page 2 of 4 ACTION DISCUSSION VOTE Vince Catero, City Planning Consultant of LaRue Planning and Management Services, described the application and gave a brief background of the property. The subject property is currently zoned as Residential Multiple Family (RMF) but was inconsistent with the Future Land Use Map which indicates the property is Residential Single Family. The applicants intent is to construct multi family housing. Staff recommends that the Land Planning Agency recommend that the City Council grant approval for this application based on findings in the staff report. There was no discussion from the Agency regarding this issue. Member Ledferd moved to recommend that the City Council recommend that Application 01-004 SSA, request is for a Comprehensive Plan Amendment to the Future Land Use map be changed from Residential Single Family (RSF) to Multi- Family (MF). Member Keller seconded the motion. The application will be forwarded to the City Council in Ordinance form with a recommenda- tion of approval by the Land Planning Agency. Attorney Cook advised that the purpose for this request is to remove home occupation from permitted uses by special exception to an administrative decision. He has not had time to review it, and would recommend that the Land Planning Agency table this item to the next regular meeting to give him and the members time to review the information distributed. Attorney Cook stated that this Agency needs to be carful how they handle this issue. All of the home occupations are going to have different conditions such as zoning districts (RSF, RMH, RMF), type of business to be conducted and what work will be completed at the location requested. AGENDA IV. NEW BUSINESS CONTINUED. B. Consider amending Volume One of the Unified Land Development Code (Land Development Regulation's LDR's). The proposed amendment specifically to all sections regulating home occupation, continued. C. Consider amending Volume One of the Unified Land Development Code (Land Development Regulation's LDR's). The proposed amendment specifically to Section 680, No. 5, "e VOTE HOOVER YEA KELLER YEA LEDFERD YEA MAVROIDES YEA McCoy YEA MUELLER YEA WALKER YEA MOTION CARRIED. August 28, 2001 Land Planning Agency Page 3 of 4 ACTION DISCUSSION VOTE Due to this, it may be necessary to keep the home occupation as a special exception so that when an application is submitted for a home occupational license the Board of Adjustment will be able to address the way the business may impact the surrounding property. This Board is limited to what is brought before them as it is. However this other way of handling the home occupational licenses by administrative decision may better benefit both the City and the applicant. Member Mueller moved to table the amendment to Volume One of the Unified Land Development Code (Land Development Regulations LDRs) specifically to all sections regulating home occupation to the next regular meeting. Member Ledferd seconded the motion. City staff requested the Land Planning Agency review and give a recommendation to the City Council regarding a proposed amendment to the LDRs, Section 680, No. 5, "e" to increase the required liability insurance from two hundred thousand ($200,000) to $1 Million. Staff explained that all other events within the City currently obtain the$1 Million in insurance for the various events. By approving this amendment it will merely make all of the insurance requirements consistent. Member Keller moved to recommend that the City Council increase the required liability insurance for all temporary use structures from two hundred thousand dollars ($200,000) to one million dollars ($100,000,000). Member Ledferd seconded the motion. 941 -334 -6384 LAPUE PLANNING MGT 987 P02 RUG 28 '31 08:52 LARUE PLANNING MANAGEMENT SERVICES, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901 -2845 941- 334 -3366 FAX: 941- 334 -6384 e -mail: jlaruell05@aol.com Memo To: Bill L. Veac City Administrator From: Jam G. LaRue, AICP Date: July 17, 2001 Subject: Home Occupation Licensing Research into the home occupation requirements of other Land Development Codes has revealed an inconsistency with those o f Okeechobee. The Town of Lake Placid, Hendry County, and the City of North Bay Village all allow Home Occupations without a special exception. These all provide for similar requirements as those in the Okeechobee Land Development Regulations without requiring a special exception. Our present requirements provide the necessary protection against unwanted effects from such businesses. As such, if the City of Okeechobee were to adopt a similar approach there would be no decline in the number home occupations approved and the same zoning protections would still be present. Please advise us if you wish me to propose an amendment to our Land Development Regulations. JGL:Ik cc: John Cook, City Attorney Bonnie Thomas, CMC, City Clerk 941 334 -6384 LARUE PLANNING a MGT LARUE PLANNING MANAGEMENT SERVICES, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida 33901 -2845 941 334 -3366 FAX: 941- 334 -6384 e -mail: jiaruel105cuaol.com Memo To: Land Planning Agency From: Jim LaRu AICP Date: August 28, 2001 Subject: Proposed Changes to Land Development Regulations Governing Home Occupations 98? P01 AUG 28 '71 08:51 It has been an administrative decision to suggest a different way of approving home occupations within our City than is currently called for by our Unified Land Development Code. Most jurisdictions allow such uses with specific standards to be approved administratively rather than also calling for approval by Special Exception for each request. I have also included a memo that states how other jurisdictions approve home occupations. The revisions I suggest will keep the standards that are in the City's Unified Land Development Code, but will no longer require special exception approval by the Board of Adjustment. JGL:lk cc: Bill Veach, City Administrator John Cook, City Attorney Bonnie Thomas, CMC, City Clerk Enclosures 94 7=4-E384 LaPUUE F_ ANNI a Nc7 587 P03 NLu 20 '2 1 H6:52 ORDINANCE NO. AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE UNIFIED LAND DEVELOPMENT CODE TO ALLOW HOME OCCUPATIONS ADMINISTRATIVELY RATHER THAN BY SPECIAL EXCEPTION USE: AMENDING SECTION 320, RESIDENTIAL SINGLE FAMH.Y ONE ZONING DISTRICT REGULATIONS; AMENDING SECTION 330, RESIDENTIAL SINGLE FAMILY Two ZONING DISTRICT REGULATIONS; ENDING SECTION 340, RESIDENTIAL MosILE HOME ZONING DISTRICT REGULATIONS; AMENDING SECTION 350, RESIDENTIAL MULTIPLE FAMILY ZONING DISTRICT REGULATIONS; AND AMENDING SECTION 650, ACCESSORY USES AND STRUCTURES OF THE UNIFIED LAND DEVELOPMENT CODE; PROVIDING FOR REVISIONS TO THIS CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 163, Florida Statutes, provides for amendment to adopted Land Development Regulations; and WHEREAs, no valid objection has been made to the proposed Ordinance and it appears to be in the best interest of the City of Okeechobee that this Ordinance be adopted; WHEREAS, two public hearings were held by the City Council on said Ordinance on and Now THEREFORE, BE IT ORDAINED by the City Council of the City of Okeechobee, Florida as follows: SECTION 1. Section 320, RBSIDENT,;4L SINGLE FtwILY ONE ZONING DISTRICT REGULATIONS, Subsection 322, Special Exception Uses, has been amended as follows on she effective date of this Ordinance. The following uses and structures are permitted after issuance of a special exception use petition. 1 liemCOeeupetion Boarding house 3. Adult Family Care Homes or Assisted Living Facilities as provided by Law. 4. Guest house, Servant's quarters, or Pool house, provided the lot area shall not be less than 12,500 square feet. 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. Golf course 11. Public utility 12. Permitted uses in excess of 30 feet in height Date: August 28, 2001 Page 1 of 4 94]. -3 °4— 3Sd LGRL'c =LAWNS s; MST SECTION:. Section 330, RESIDENTIAL SINGLE FAMILY Two ZONING DISTRICT REGULATIONS, Subsection 332, Special Exception Uses, has been amended as follows an the effective date of this Ordinance. The following uses and structures are permitted after issuance of a special exception use petition: 1. acvaaa� va.'_atsaAo Boarding house 9B'r' PO4 HLS =,9 '01 OP_:52 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 not be less than 12,500 square feet. 4. House of worship on a lot lass 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 SECTION 3, Section 340, RESIDENTIAL MOBILE HOME ZONING DISTRICT REGULATIONS, Subsection 342, Special Exception Uses, has been amended as, follows on the effective date of this Ordinance. The following uses and structures are permitted after issuance of a special exception use petition: I flVtUG ubt,aY 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. Off -Street parking and access to a commercial enterprise in a commercial zoning district 5. Community center 6. Indoor recreation 7. Outdoor recreation 8. Golf course 9. Public utility SECTION 4. Section 350, RESIDENTIAL MULTIPLE FAMILY ZONING DISTRICT REGULATIONS Subsection 352, Special Exception Uses, has been amended as follows on the effective date of this Ordinance. The following uses and structures are permitted after issuance of a special exception use petition: 1. Vta4G 0L4.tt l Guest house, provided the lot area shall not be less than 12,500 square feet Date: August 28, 2001 Page 2 of 4 SECTION 6. SEVEItA,TLITY. 54 33a —E38� apLE F A' rdIN MST EE^ FOE A'Ju =9 '21 E12:53 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 1 3. Adult Family Care Homes or Assisted Living Facilities as provided by Law. SECTION S. Section 650, ACCESSORY USESANDS7RUCTURES, Subsection 652, Home Occupation, has been amended as.follow.s on the effective date of this Ordinance. A home occupation may be permitted 6 c 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 alteration 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 good or services shall be sold on the property. 7. Individual instruction in art, music or education may be give 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, If any provision or portion of this Ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this Ordinance shall remain in full force and effect. Date: August 28, 2001 Page 3 of 4 (SEAL) _PP_E PLANNING s, MGT SECTION 7. Effective Date. Date: August 28, 2001 Page 4 of 4 CITY OF OKEECHOBEE GE' POE The effective date for the enactment of this Ordinance shall be immediately upon its passage. ADOPTED AND ORDAINED this day of 2001, by the City of Okeechobee City Council. ATTEST: BY: Bonnie S. Thomas, CMC, City Clerk lames E. Kirk. Mayor THIS ORDINANCE WAS CONSIDERED AND APPROVED for further consideration at the first reading and public hearing on the day of during a regular session of the City of Okeechobee City Council. THIS ORDINANCE WAS CONSIDERED AND ADOPTED after the second reading and public hearing on the day of during a regular session of the City of Okeechobee City Council. THIS ORDINANCE WAS READ in full or by title on at least two (2) separate days in two (2) separate City Council meetings (on the day of and on the day of Notice of the proposed enactment containing the Ordinance title, stating that a copy may be obtained at City Hail, and stating the date, time and place of the above hearings and advising that interested parties may appear at the meeting and be heard with respect to the proposed ordinance was published at least once in the on the day of being at least ten (10) day prior to adoption. Bonnie S. Thomas, CMC, City Clerk HUG 28 '01 Fie: 5a