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0788 Non-Conforming Uses• ORDINANCE NO. 788 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE NO. 716, SECTION 750 THEREOF; LAND DEVELOPMENT REGULATIONS FOR THE CITY OF OKEECHOBEE, PERTAINING TO NONCONFORMING USES; PROVIDING FOR CHANGE OF NONCONFORMING USE WHEN THE SUBJECT PROPERTY IS SOLD, TRANSFERRED OR OTHERWISE ASSIGNED BY THE OWNER OF RECORD; PROVIDING FOR TERMINATION OF NONCONFORMING USE AND COMPLIANCE WITH SECTION 750 OF THE LAND DEVELOPMENT REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ordinance No. 716 for the City of Okeechobee, Florida, in section 750 thereof, provides for the recognition of, continued use of, and restrictions pertaining to, certain non - conforming uses of real property in the City that existed at the time of adoption of the ordinance; and WHEREAS, the intent of said ordinance being to gradually bring all nonconforming land uses within the City into compliance with current zoning and land use regulations in the City, the enforcement of which will benefit the City and the public as a whole by the uniform development and use of lands within the City; and WHEREAS, the current land development regulations do not provide for certain contingencies in relation to continuance of nonconforming land and structure uses within the City, and it is in the best interests of the City and the general welfare of the public to amend the regulations to amend said ordinance; NOW THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida at duly noticed regular meeting thereof, as follows: SECTION I. THAT Section 750 of Ordinance 716, Land Development Regulations, subsection 754 thereof, is amended by deleting same, and in its place and stead, the following is adopted and approved by the City of Okeechobee: 754 CHANGE OR TRANSFER OF NONCONFORMING USE OR STRUCTURE 1. CHANGE OF NONCONFORMING USE OR STRUCTURE A nonconforming use or structure may be changed to a conforming use or structure for the district in which it is located. Once changed to a conforming use or structure, no building, structure or land use shall be permitted to revert to a nonconforming use. 2. TRANSFER OF NONCONFORMING USE OR STRUCTURE In the event the underlying lands on which exists a nonconforming use or structure within the City are sold, assigned or in any manner transferred from the name of the record owner of said lands, as such ownership is recorded with the Clerk of the Circuit Court or Property Appraiser for Okeechobee County, such nonconforming use or structure shall not be permitted to be likewise transferred, and said nonconforming use or structure thereon shall then be brought into compliance with all current requirements of City Codes and these Page 1 of 2 Land Development Regulations, and such future use or structure shall be either a permitted use or structure within the district regulations, or after approval a special exception use or structure within the district. SECTION 1I. SEVERABILITY Should any provision or section of this ordinance or the regulation 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 by the court to be invalid or unconstitutional. SECTION 1I1. EFFECTIVE DATE This ordinance shall take effect upon second and final reading by the City Council on the 4"' day of June, 2002. INTRODUCED for first reading and set for final public hearing on this 16th day of April, 2002. omas, CMC, City Clerk James E. Kirk, Mayor PASSED AND ADOPTED after Second and Final Public Hearing this 4 ' day of June, 2002. REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 2 of 2 James E. irk, Mayor AGENDA IV. NEW BUSINESS CONTINUED. C. Consider amending Volume One of the Unified Land Development Code (Land Development 'Regulation's - LDR's). The proposed will amend sections specifically regulating non - conforming uses. D. Consider amending Volume One of the Unified Land Development Code (Land Development Regulation's - LDR's). The proposed will amend sections specifically regulating Citizen Board Officers. May 28, 2002 - Land Planning Agency - Page 4 of 5 ACTION - DISCUSSION - VOTE Attorney Cook explained that he recently carne across an issue where a specific property has been in non - conforming status for a long time. The property recently transferred ownership and in doing so the does not have to comply with current code and regulations. The Land Development Regulations does not at this time have jurisdiction on transferring ownerships of properties. This proposed amendment will then make all sales of properties or transfers of ownerships now comply will all current codes and regulations. There was no public comment. There was no discussion from the Board. Board Member Keller moved to recommend that the Land Planning Agency recommend to the City Council to approve the request to amend Volume One of the Unified Land Development Code for the sections pertaining to non - conforming uses. Board Member Hoover seconded the motion. VOTE HOOVER - YEA JONES - YEA KELLER - YEA LEDFERD - YEA MCCOY - YEA MUELLER - YEA WALKER - YEA MOTION CARRIED. Attorney Cook explained that this amendment will require all Citizen Boards to regulate the election of a chairperson to every two years. He explained that some of the Boards have chairpersons that have been chair for several years and this would allow other members to have an opportunity. There was no public comment. There was no discussion from the Board.