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0923 Mural RegulationsORDINANCE NO. 923 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING DIVISION FIVE SECTION 90 -561 AND ADDING SECTION 90 -573, REGARDING COMMERCIAL MURALS PROVIDING FOR REGULATION AND PERMITTING THEREOF, DESIGNATING PERMITTED ZONING DISTRICTS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida, has a legitimate interest in the creation or erection of Commercial Signage within the City; and WHEREAS, the regulation of Commercial Signs includes signs defined as murals, including their size and placement; and WHEREAS, the City of Okeechobee possesses a public purpose for regulating a certain content of commercial message, but limited to regulating obscene, offensive or indecent depictions or messages; and NOW, THEREFORE, be ordained before the City Council for 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, it is adopted and approved that Section 90 -561 and Section 90 -573, Land Development Regulations, is incorporated herein by reference, and hereby amended as follows: Section 1. Division 5. Signs. Section 90 -561. Compliance with division provisions. Except as provided in this division, Eevery sign erected on land, attached to a building, wall, fence, pole, tree or shrub, constructed, moved, replaced or substantially altered shall comply with the regulation of this division. Maintenance, repainting and changing copy shall not be considered a substantial alteration. Section 90 -573. Murals. a) Murals shall be permitted on Commercial, Central Business District or Industrial structures within the City. Murals which depict historical and cultural scenes, and which contain no commercial messages, shall be developed in conjuction with, and under the guidance and supervision of, Okeechobee Main Street Inc. and shall be governed by the provisions of Appendix F and are not subject to this Division. a) For purposes of this Section, "Murals" shall be defined as painted art forms on walls or similar building areas devoid of commercial messages. Art forms on walls or other external building areas which are not considered murals due to their commercial content, are permitted in the City of Okeechobee, but shall be considered signs and the Provisions of Appendix F shall not apply. These signs shall be subject to Sections 90 -561, 90 -562, 90 -563 and 90 -565 and the following: The total area of signs subject to this Section shall not exceed 100 square feet; and No sign subject to this Section may contain any picture, representation or message that the City considers obscene, indecent or immoral, or may contain a picture, representation or message that would be considered offensive to the values or sensibilities of the community, by virtue of the fact that such picture, representation or Language underlined is to be added. Language strieken is to be deleted. Page 1 of 2 message is gratuitous and does not enhance the historical, cultural or commercial intent of the mural; and ( No sign subject to this Section may be in such proximity to the road or right -of -way of the City, or displayed in such a manner, that it would unreasonably distract the operators of motor vehicles, or raise public safety concerns. Section 2. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. Severability. 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. Section 4. Effective Date. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set forfinal public hearing on this 6t'' day of December, 2005. ATTEST: Lane /Gamiotea, CMC, City Clerk JamesAiE. Kirk, Mayor PASSED AND ADOPTED after Second and Final Public Hearing this 3' day of January, 2006. ATTEST: /;t r Inc Lane Gamioteb, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Language underlined is to be added. Language strieken is to be deleted. James E. Kirk, Mayor Page 2 of 2 The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763 -3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise- ment, being a Pe P4.47e, in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Swomfo ar�d subscri da o r � f fore me this a a -�- A.D. 20 0 AEA LA_ Notary Public, State of Florida at Large PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE PLEASE TAKE NOTICE that the City Council of the City of Okeechobee, Ronda, wit on Tuesday, January 3, 2006 at 6:00 p.m. or as soon thereafter possible, at City Hall, 55 SE 3rd Ave., Okeechobee, FL conduct a PUBLIC HEARING on and there- after to consider final reading of the following Ordinance into law: N0. 923. AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING DIVISION FIVE SECTION 90-561 AND ADDING SECTION 50.573, REGARDING COMMER- CIAL MURALS PROCIDING FOR REGULATION AND PERMITTING THEREOF, DESIGNATING PERMITTED ZONING DISTRICTS; PROVIDING FOR REGULATION AND PERMITTING THEREOF, DESIGNATING PERMITTED ZONING DISTRICTS; PROVIDING AN EFFECTIVE DATE. At members of the public are encouraged to attend and participate in said hearing. The proposed Ordinance may inspected in its entirety by members of the pub- lic in the Office of the City Clerk during regular business hours, Mon -Fn, 8am- 4:30pm, except for hotdays. PLEASE TAKE NOTICE AND BE ADVISED that I any person desires to appeal any decision made by the City Council with respect to any natter considered at this hearing, such interested person will need a record of the proceedings, and -for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk tapes are for the sole purpose of backup for official records of the Clerk In accordance with the Americans; with Disability Act (ADA) and Florida Statutes 286.26, persons with disabilities needing special accommodation to participate in this proceeding should contact Lane Garrtiotea no later than two (2) working days prior to the proceeding at 863 - 7633372 X215; if hearing or voice impaired, cab 1001-800-222-3448 (voice) or 1- 888- 447 -5620 (TTY). Lane Gamiotea, CMC, CITY CLERK 104912 ON 12/22/05 _ Jail 7, a:3:- Co The Okeechobee News P.O. Box 639, Okeechobee, Florida 34973 (863) 763 -3134 Published Daily STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Judy Kasten, who on oath says she is Publisher of the Okeechobee News, a DAILY Newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertise ment, being a i2k 43485 in the matter of �.> 111 /5 s in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Re , a Des ;; 5 Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sword t n day of A_ia /1 //L W . 49 A Ai L_ Notary • blic, State of Florida at Large su d before me this \ fri A.D. 20 0 5 CITY LAND PLANNING AGENCY MEETING NOTICE ' NOTICE: The Land Planning Agency for the. City of Okeechobee will meet on Tues- day, November 15;2005 at 6:30 p.m. or as soon thereafter as possible. The meeting vikbe held at City Hall, 55 SE 3rd,Avenue in the Council Chambers, Room 200, Okeechobee; Ronda. Item to be-considered at ha pubic meeting Is: Conduct a PUBLIO;HEANNGtopconsrder {Comprehensive PIACSrba8 Scaie'Future Land Use'Mip'limendment/)pplicatibn No. 05-012-SSA submdted "by Barry and Valera Lewis. Thd ``picaton is to' change the'Future Land Use designation from Single Family (SF) to Commercial (C) for locatedrat 402 Northwest 4111 Street. Legal d being Lots 11 a�1r 2 o Blodc'105, Cdy of Okeechobee, Plat Book 5, Page 5, Records, Okeechobee, County, Florida and is apprcod- -matety 0.321 acre(s). The proposed use of the properly is for a Pubic Accounting Office. The LPA will also consider any proposed amendments, submitted by City Staff or citizens, to the Comprehensive Plan, which include the Land Developmehd8ece- ions (LOB's) and render a recommendation to the City Council for consideration aodfinaladopbon' A copy of lheenllre app8caionr saran d'agenda are available i1 the General Servses Office, Roan 101 at Cly Hal or by.callirto Kabma Cook at (8631763-3372, ex- tension 218. Please be advised that this board serves as a recommendation board. AN items considered are:forwarded.with their recommendation to the City Counciltorfnal PUBLIC HEARING on Tuesday, December 6, 2005. ALL INTERESTED PARTIES SHALL HAVE THE pPPORTUNITY:TO BE HEARD AT THIS PUBLIC HEARING. Any person deciding to appppeal any decision by the land Pinion Agency with respect to any matter considered at this hearing *N needle . ensure that a verbatim record of the proceedings is made and that the record in- cludes the testimony and evidence'uporr which the appeal will be based. General'Servlces- Deparbnenttapes are.tor the, sole purpose 01 hectare for official records of the department id accordance with the Americans with DlsabBries-Act (ADA) and Floelda Stable 286.26, persons with cisabiliies needing specialrac- comnodation to participate in this proceeding should contact Katrina Cook no lat- er than two (2) worldng days'priorto the proceeding a1(863) 763:3372 x 218 for assistance; if hearing is impaired telephone the Florida Relay Service Number 1-800-955-8771 (TM) or 1- 800- 955 -8770 (VOICE) for assistance. BY: Brian Whitehall, Zoning Administrator 93485 ON 10/28;11/9/05 en R. Brown Commission #DD2721118 ; Expires: Jail 17, 2008 Bonded T hm A 'raatic B(ri;ding Co., Inc.