1070 Land Development RegulationsORDINANCE NO. 1070
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA PROVIDING
FOR AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS,
INCLUDING SECTION 66 -1 DEFINITIONS BY ADDING A DEFINITION FOR
STOREFRONT CHURCH; SECTIONS 90 -222, 90 -252, 90 -282, 90 -312, AND
90 -342 ADDING STOREFRONT CHURCH AS A PERMITTED USE IN THE
CPO, CLT, CHV, CBD, AND IND ZONING DISTRICTS; DIVISION 9
PERTAINING TO SPECIAL EXCEPTION USE AND SUPPLEMENTARY USE
REGULATIONS; SECTION 90 -512 BY ADDING PARKING REGULATIONS
FOR STOREFRONT CHURCHES WITH AND WITHOUT FIXED SEATING;
AND ADDING A NEW SECTION 90 -702 SETTING FORTH REQUIREMENTS
FOR STOREFRONT CHURCHES; PROVIDING FOR CONFLICTS AND
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Okeechobee, Florida has a legitimate public interest in the regulation
of storefront churches within the City, to provide to the public a uniform basis for
allowing storefront churches in certain locations in the City; that protects the health,
welfare and safety of its citizens; and adequately provides for parking needed to serve
storefront churches; and
WHEREAS, the Land Development Code contains no provision to allow for the location of
storefront churches.
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 the City Council for the City of Okeechobee, Florida amends herein
Chapter 66, Section 66 -1 as follows:
Section 2.
Language underlined is to be added.
Storefront church, means a house of worship located in a unit in a multi-
use commercial building or commercial shopping center.
That the City Council for the City of Okeechobee, Florida amends herein
Chapter90, ZONING, ARTICLE III, Sections 90 -222, 90 -252, 90 -282, 90-
312, 90 -342 by adding "Storefront church" to the list of permitted uses in
the CPO, CLT, CHV, CBD, and IND zoning districts as follows:
Sec. 90 -222. Permitted Uses, (3) Storefront church located in a unit
in a multi -use building or shopping center.
Sec. 90 -252. Permitted Uses, (5) Storefront church located in a unit
in a multi -use building or shopping center.
Sec. 90 -282. Permitted Uses, (13) Storefront church located in a unit
in a multi -use building or shopping center.
Sec. 90 -312. Permitted Uses, (11) Storefront church located in a unit
in a multi -use building or shopping center.
IND: Sec. 90 -342. Permitted Uses, (22) Storefront church located in
a unit in a multi -use building or shopping center.
Section 3. That the City Council for the City of Okeechobee, Florida amends herein
Chapter 90, ZONING, ARTICLE IV, Division 9 to read as follows:
Ordinance No.1070 Page 1 of 3
Section 4.
Section 5.
Language underlined is to be added.
DIVISION 9. SPECIAL EXCEPTION USE AND SUPPLEMENTARY USE
REGULATIONS
That the City Council for the City of Okeechobee, Florida amends herein
Chapter 90, ZONING, ARTICLE IV, Section 90 -512 by adding parking
requirements for storefront churches, under subsection (2) Commercial
Uses: to read as follows:
Storefront church with fixed seating
Storefront church without fixed seating_ 1 space for each 90 square
feet of assembly area used for
worship up to 1,470 square
feet, plus 1 space for each 45
square feet of additional
assembly area in excess of
1,470 square feet.
That the City Council for the City of Okeechobee, Florida amends herein
Chapter 90, ZONING, ARTICLE IV, by adding a new Section 90 -702 to
read as follows:
Sec. 90 -702, Storefront church requirements.
Storefront church requirements are as follows:
a) The applicant for use of a unit as a storefront church shall submit
to the City, along with its application for a building permit or
certificate of occupancy, as appropriate, the following information.
A list with the names of each of the uses in the multi -use
building or shopping center and a description of each (e.g.,
retail, restaurant, professional or business office, medical
office, etc.);
j) square footage of each use upon which parking is
calculated (excluding storage);
(c) days and hours of operation of each use;
1 per 3 seats in the assembly
area used for worship. For
pews, each 18 inches shall
equal one seat.
a) total number of required off street parking spaces
associated with the multi -use building or shopping center;
fel number of vacant units and the square footage of each;
and
LD the number of fixed seats in, or square footage of floor area
of, the assembly area of the storefront church that will be
used for worship; and the days and hours of use of the
assembly area including estimates of attendance at those
times.
a) A Business Tax Receipt (BTR) shall only be issued if the City
determines the foregoing information indicates that the current
parking inventory associated with the multi -use building or
shopping center in which the storefront church is located can
accommodate the combined parking demand of the existing uses
and the use of the assembly area of the storefront church during
periods of concurrent use.
Ordinance No.1070 Page 2 of 3
ATTEST:
AT
Section 6. Conflicts.
That all ordinances or parts of ordinances in conflict herewith, be and the same are
hereby repealed.
Section 7. Severability.
That if any clause, section or other part of this Ordinance shall be held invalid or
unconstitutional by any court or competent jurisdiction, the remainder of this Ordinance
shall not be effected thereby, but shall remain in full force and effect.
Section 8. Effective Date.
This Ordinance shall take effect immediately upon its passage.
INTRODUCED for first reading and set for final public hearing on this 4th day of January,
2011.
Lane Gamiotea, ClMC, Cit
PASSED AND ADOPTED after Second and Final Public Hearing this 18 day of January,
2011.
Lane amiotea, C
REVIE ED FO
f LEG S 1 FFICIENCY:
1
John R. Cook, City Attorney
Language underlined is to be added.
James E. Kirk, Mayor
C•
James E. Kirk, Mayor
Ordinance No.1070 Page 3 of 3