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1067 Land Development RegulationsORDINANCE NO. 1067 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ORDINANCE 716, LAND DEVELOPMENT REGULATIONS, AS AMENDED, AMENDING DIVISIONS 7, 8 AND 10; SECTIONS 90 -253, 90 -283, AND 90 -343; PROVIDING FOR SPECIAL EXCEPTION USES OF COMMERCIAL AND INDUSTRIAL ZONED LANDS FOR PURPOSES OF NURSING HOMES; PROVIDING FOR CONFLICTS AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance Number 716 known as the Land Development Regulations within the City; and WHEREAS, although nursing homes are a defined use in Chapter 66 of the Land Development Regulations, such designation does not appear as a special exception or permitted use within the zoning ordinances of the City of Okeechobee; and WHEREAS, such use within certain zoning categories would be appropriate within the City of Okeechobee, and their location, set - backs, and other conditions can be accommodated while at the same time securing the welfare and safety of the citizens of Okeechobee through proper zoning methods, and WHEREAS, it is determined that such use is more intensive than single or multiple family uses, causes additional traffic concerns, requires additional parking, and could impact residential zoning areas adversely if not adequately addressed at the planning stage; and WHEREAS, the issue has been addressed by the Planning Board, acting as the Local Planning Agency for the City of Okeechobee, and has recommended to the City Council for the City of Okeechobee, that nursing homes would be a permitted use within a Heavy Commercial (CHV) Zoning District, by special exception; and WHEREAS, the City Council for the City of Okeechobee accepts the recommendations of the Planning Board acting as the Local Planning Agency and believes that placement of such land uses within the recommended zoning district benefits the citizens of the City of Okeechobee, and also accommodates any developers who desire to seek a development permit for such uses within the City of Okeechobee; NOW THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: Section 1. That Ordinance No. 716, Division 7, Section 90 -253. Special exception uses, is hereby amended as follows: The following uses and structures are permitted in the CLT district after issuance of a special exception use petition and may have additional conditions imposed at the time of approval: (1) -(17) No change. (18) Nursing homes. Section 2. That Ordinance 716, Division 8, Section 90 -283. Special exception uses., Language underlined is to be added. Ordinance No. 16;1 - Page 1 of 2 is hereby amended as follows: The following uses and structures are permitted in the CHV district after issuance of a special exception use petition and may have additional conditions imposed at the time of approval: (1) -(21) No change. fgal Nursing homes. Section 3. That Ordinance 716, Division as follows Section 90 -343. Special exception uses., is hereby amended The following uses and structures petition and may have district additional issuance of a special exception use conditions imposed at the time of approval: (1) -(11) 12 No change. Nursing homes. Section 4. Conflicts. That all ordinances or parts of ordinances in conflict herewith, be and the same are hereby repealed. Section 5. Severability. That if any clause, section or other part of this Ordinance shall be held invalid or unconstitutional by any court or competent n jurisdiction, di do , thce remainder of this Ordinance shall not be effected thereby, but Section 6. Effective Date. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 14"' day of September, 2010. ATTEST: i Lane c3amiotea, CMC, City Clerk James E. Kirk, Mayor PASSED AND ADOPTED after Second and Final Public Hearing this 28t' day of September, 2010. ATT -ST: Oxti){2&2_ Lane amiotea, CMC, City Clerk REV WED FOR LE AL SUFFICIENCY: John R. Cook City Attorney Language underlined is to be added. James E. Kirk, Mayor Ordinance No.1067 - Page 2 of 2