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1079 LDRs many sections l-ollowul9the adoption of this Ordinance, typographical errors were discovered & corrected herein. The content did not change. LG,CMC 5/15/12 ORDINANCE NO. 1079 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA PROVIDING FOR AMENDMENT TO THE CITY'S CODE OF ORDINANCES INCLUDING SECTION 30-35 RELATING TO THE REQUIREMENTS FOR AND LOCATION OF COMMERCIAL SANITARY GARBAGE CONTAINERS; SECTION 66-1 DEFINITIONS, BY ADDING CERTAIN NEW DEFINITIONS AND UPDATING EXISTING DEFINITIONS FOR CLARITY AND CONSISTENCY WITH OTHER PROVISIONS OF THE LAND DEVELOPMENT REGULATIONS; SECTION 78-36 RELATING TO REQUIREMENTS FOR CERTAIN DEVELOPMENT PROJECTS TO PROVIDE SIDEWALKS ALONG STREETS; SECTIONS 90-103(1), 90- 133(1), AND 90-193(2), BY ADDING BED AND BREAKFAST ESTABLISHMENTS TO THE LIST OF SPECIAL EXCEPTION USES IN THE RSF 1, RSF 2, AND RMF DISTRICTS, RESPECTIVELY; SECTIONS 90-135(B)(1) AND 90-196, BY CLARIFYING THE MINIMUM YARD REQUIREMENTS FOR ZERO LOT LINE SINGLE-FAMILY DWELLINGS IN THE RSF 2 AND RMF DISTRICTS; SECTIONS 90-253(1)AND (2)AND 90- 282(3) AND (5) BY ADDING LAUNDROMAT AND TAKE-OUT RESTAURANT TO THE LIST OF SPECIAL EXCEPTION AND PERMITTED USES IN THE CLT AND CHV DISTRICTS, RESPECTIVELY; BY MODIFYING SECTION 90-316 TO RECTIFY AN INCORRECT REFERENCE; SECTIONS 90-342 AND 90-343 BY MOVING CAFÉ FROM THE LIST OF SPECIAL EXCEPTION USES TO THE LIST OF PERMITTED USES IN THE INDUSTRIAL DISTRICT AND BY ADDING CERTAIN PERSONAL SERVICE USES TO THE LIST OF PERMITTED USES IN THE INDUSTRIAL DISTRICT; ADDING A NEW SUBSECTION 90-511(e)(6) PROHIBITING PARKING SPACES ADJACENT TO A DRIVEWAY FROM BEING CLOSER THAN 20 FEET TO THE RIGHT-OF-WAY OF A PUBLIC ROAD; SECTION 90-512 BY MODIFYING THE OFF-STREET PARKING REQUIREMENT FOR AUTOMOBILE SALES ESTABLISHMENTS; BY DELETING SECTION 90-535 IN ITS ENTIRETY AND INCORPORATING ITS PROVISIONS INTO SECTION 90-534; BY MODIFYING SECTION 90- 573(B)TO RECTIFY AN INCORRECT REFERENCE; BY MODIFYING THE TITLE OF DIVISION 9 TO INCLUDE SUPPLEMENTAL USE REGULATIONS; SECTIONS 90-693(3), 90-695(3), AND 90-696(3) BY MODIFYING THE MINIMUM SIDE AND REAR YARDS FOR COMMUNITY CENTERS, ADULT FAMILY CARE HOMES OR ASSISTED LIVING FACILITIES,AND HOUSES OF WORSHIP; BY ADDING A NEW SECTION 90-703 ,9O2. SETTING FORTH REGULATIONS SPECIFICALLY PERTAINING TO OUTDOOR VEHICLE SALES LOTS; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida, has a legitimate interest in periodic review of its ordinances and land development regulations in order to update recent legislative amendments; to address certain inconsistencies or outdated regulations contained in the codes; to make amendments to meet changing community standards, or to accommodate new development; and to create new ordinance or regulation to better serve the public and to make the code a more consistent and easier to understand document; and WHEREAS, Staff and Planning Board for the City of Okeechobee, Florida have recently reviewed the Code of Ordinances and Land Development Regulations to determine areas of improvement; has discussed same at public meetings; and has • recommended certain changes, amendments or modifications to the code to present to the City Council for ordinance adoption; and WHEREAS, in order to effectively address these recommendations in an orderly manner with the intent of including all recommendations in a single ordinance, which will save the city and its citizens costs and time, this ordinance is a compilation of many Language to be added is underlined Language to be deleted is straelrthrough Ordinance No. 1079 Page 1 of 8 amendments, which when adopted, will amend each of the cited code sections upon its effective date; and WHEREAS, the City Council for the City of Okeechobee, Florida, has considered the recommendations of the Planning Board and Staff, and concludes that each of the proposed amendments are in the best interests of the City and its citizens, that said amendments are necessary and appropriate to make the codes more consistent and responsive to the needs of the City and its citizens. NOW, THEREFORE, BE IT ORDAINED by 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: Section 1. That the City Council for the City of Okeechobee, Florida amends herein Chapter 30, ENVIRONMENT, Section 30-35(c) as follows: (c) . •. - - - - . a. . - : -- : - Except for single-family developments, all residential developments of four or more dwelling units must use use commercial sanitary garbage containers as approved by the city. Areas where such containers are located must be screened from view on all sides by a fence not less than four feet and not more than six feet in height, with provision for convenient and safe access by the collection service. Street-side pick-up of garbage or trash is prohibited. Section 2. That the City Council for the City of Okeechobee, Florida amends herein Chapter 66, GENERAL PROVISIONS, Section 66-1, Definitions, as follows: Adult family care homes or assisted living facilities means a building designed or used as permanent living quarters for six or more unrelated persons or families, in which individual cooking facilities are not provided. The term "adult family care homes or assisted living facilities" includes an adult congregate living facility, Oa; - : - : • - -, _ - - - :•- -, - • . - •, and housing for the elderly. The term "adult family care homes or assisted living facilities" shall not include a hotel, motel, or nursing home. Bar means an establishment for the sale and on-premises consumption of alcoholic beverages as a primary use, without live performers, and includes a tavern, cocktail lounge and saloon. Boardinghouse means an owner-occupied dwelling, or part thereof, o - - - .. - _ - - - a a . a ' ; in which lodging, and perhaps meals, are provided to individuals unrelated to the owner for compensation; includes a rooming h o u s e. ; - : a - 0 _ - o a - - ; - - - -- - - - Bed and Breakfast establishment means an owner-occupied dwelling in which overnight accommodations and a morning meal are provided, for compensation, to transients. Cluster development means the development of residential dwelling units, or commercial, industrial or institutional building floor area, in which the density or intensity of the uses is increased by the transfer of density or intensity from one site or part of a site to another. Such development is authorized by permitting smaller lot sizes when a specified part of the land is placed in permanent conservation use. Community center means = -- - - '- : : _ - - - -- a 'a ; -•, •. . : : . : . ::: . - - - - , ;a . - ay .; ; •, Language to be added is underlined Language to be deleted is stnuek-t-ltrertIg+I Ordinance No. 1079 Page 2 of 8 a facility used for recreational, social, educational, or cultural activities, and not operated primarily for profit. Dock means any fixed or floating accessory structure for securing vessels, loading or unloading persons or property, or providing access to the water. Flag means any freely waving material containing colors, patterns, insignias or • symbols except as otherwise defined for the purposes of distinguishing a flag from a banner (see definition of a flag in Division 5, Signs, §90-564). Flea market means : - :• 6 __ - - ; - - - - ; - - - - - a a market held in an open area or structure where parcels of land or portions of a building(s1 are rented to individual merchants to display and sell goods Floor area ratio means : ; a ,- - •• _ - _ a = - • - • - - = - = a a - - the gross floor area of all buildings or structures on a lot divided by the total area of the lot. Height (See definitions for building height and structure height) Home occupation means a business, profession, or trade carried out for financial gain by a resident and within the resident's dwelling unit. : . : - : - : U '' • U. Hotel means an establishment containing primarily sleeping accommodations for transient guests, - - - - -- _: - _ -._ •- a •- .••.. • ; __ -- - with no kitchen facilities other than a microwave, coffee pot, and small refrigerator, and which may have restaurants, personal services and indoor recreation as accessory uses. House of worship means a church, temple, synagogue and similar centers of an established religion for the primary purpose of conducting religious services on a regular basis. - - :, : - : : • : - : : : : - . C U ' - • - : : - - Dry cleaner/laundry means an establishment where retail customers drop off and pick up clothing for laundering and/or cleaning. Laundering and/or dry cleaning may be conducted on the premises. Laundromat means an establishment providing home-type washing, drying, and dry cleaning and/or ironing machines on the premises for rental use to the general public. Lower income family means a family or household whose annual income does not exceed 80 percent of that of a median family or household income for the city, adjusted for household size. Manufacturing means establishments engaged in the mechanical or chemical transformation of materials or substances into new products, including the fabrication and/or assembling of component parts, the creation of products, and the blending of materials, such as lubricating oils, plastics, resins, or liquors. Marina means a facility for storing, servicing, fueling, berthing, and securing of boats and which may include eating, sleeping, and retail facilities for owners, crews, and guests. Nonconforming use means a lawful building, structure or land existing on the date of enactment or amendment of these regulations, but which does not • conform to the use regulations of the district in which it is located. Language to be added is underlined Language to be deleted is stmek-threttgh Ordinance No. 1079 Page 3 of 8 Nursing home means an establishment providing permanent living quarters for three or more unrelated, disabled, sick or mentally ill persons, in which convalescent facilities and personal care is are provided; but not including hospitals, clinics and institutions. Off-street loading space means space at least ten feet wide by 30 feet long by 14 feet high used for temporary location of one motor vehicle while loading or unloading persons or cargo. Outdoor vehicle sales lot means an establishment for the sales of new and used operable vehicles including cars, campers, recreational vehicles, trailers, trucks, boats and similar vehicles; and excluding golf carts, riding mowers, go-carts, farm equipment and mobile homes. Pier(see Dock) Private club means an establishment catering exclusively to an association of persons and their guests, on a primarily not-for-profit basis, and which is not available for unrestricted public access, includes fraternal lodge, sorority, and union hall. Recreational vehicle park means land under unified control designed to accommodate short-term overnight parking of for five or more recreational vehicles, and not for permanent residential use. Research laboratory means a facility for investigation into the natural, physical, or social sciences, which may include engineering and product development. Residential migrant housing facility means housing, provided for individuals and their families who are migrant farm workers, to be occupied solely by such migrant farm workers and their families while employed in active agricultural operations. Restaurant means an establishment where food and drink are prepared, served, and consumed, mostly within the principal building. Restaurant, take-out, means an establishment where food and/or beverages are sold in a form ready for consumption, where all or a significant part of the consumption takes place outside the confines of the restaurant, and where ordering and pickup of food and/or beverages may take place from an automobile when a special exception for drive-through service has been approved. Retail store means an enclosed establishment - - •- : - :. ...• , : - 0 - manufacturing any product in which goods or merchandise are sold or rented directly to the general public; and, which does not involve the manufacture or processing of such goods except as may be incidental and subordinate to the retail sale, as in the case of a retail bakery or jeweler. Service,personal, means an establishmentincluding:primarily engaged in providing services involving the care of a person or his or her personal goods or apparel. These include barbershop, beauty shop, clothes cleaning and repair, dry-cleaner, nail care, pawnshop, reducing studio salons and health clubs, shoe repair, tailor, and similar uses not primarily offering a product for sale. Service, retail means a restaurant, take-out restaurant, café, printer, pawnshop, dance or music studio, pet shop, as well as a bar or tavern for on-premise consumption of alcohol alcoholic beverages, and similar establishments. Structure height means the vertical distance measured from the average elevation of a proposed finished grade for the structure to the highest point of the structure (for roofed structures see Building height) Section 3. Language to be added is underlined Language to be deleted is slmek-threttgh Ordinance No. 1079 Page 4 of 8 That the City Council for the City of Okeechobee, Florida amends herein Chapter 78, DEVELOPMENT STANDARDS, Section 78-36 to read as follows: Sec. 78-36 Sidewalks, driveways, and pedestrian access. (a) When required. • (1) All projects, except for those involving only one individual single- family structure, constructed in zoning districts set out in Section 90-71 of this Code, wherein the lands of the owner and/or developer adjoin a collector or arterial street or city right of way, shall provide sidewalks adjacent along each such street or right of way. Section 4. That the City City Council for the City of Okeechobee, Florida amends herein Chapter 90, ZONING, ARTICLE III, Sections 90-103(1), 90-133(1), and 90-193(2) by adding bed and breakfast establishments to the list of special exception uses in the RSF 1, RSF 2, and RMF Districts, respectively, to read as follows and to renumber subsequent uses accordingly RSF 1 District, Sec. 90-103. Special exception uses. (1)Boardinghouse (2)Bed and breakfast establishments with six or fewer sleeping rooms. RSF 2 District, Sec. 90-133. Special exception uses. ... (1) Boardinghouse (2) Bed and breakfast establishments with six or fewer sleeping rooms. RMF District, Sec. 90-193. Special exception uses. (2) Boardinghouse (3) Bed and breakfast establishments. Section 5. That the City Council for the City of Okeechobee, Florida amends herein Chapter 90, ZONING, ARTICLE III, Sections 90-135(B)(1) and 90-196 by clarifying the minimum yard requirements for zero lot line single-family dwellings in the RSF 2 and RMF Districts, respectively, to read as follows: RSF 2 District, 90-135. Lot and structure requirements (b) Minimum yard requirements... (1) Single-family dwelling: Front 25 feet Side 10 feet Rear 10 feet Zero lot line single-family dwelling: Front 25 feet Side 15 feet and 0 feet Rear 10 feet RMF District, 90-196. Lot and structure requirements. (2) Minimum yard requirements... (a) Single-family dwelling and two family dwellings: Front 25 feet Side 10 feet Rear 10 feet Zero lot line single-family dwelling: Front 25 feet Side 15 feet and 0 feet Rear 10 feet 1111 Language to be added is underlined Language to be deleted is stmeit-thfetrgh Ordinance No. 1079 Page 5 of 8 Section 6. That the City Council for the City of Okeechobee, Florida amends herein Chapter 90, ZONING, ARTICLE III, Sections 90-253(1) and (2) and 90-282(3) and (5) by adding laundromat and take-out restaurant to the list of special exception and permitted uses in the CLT and CHV Districts, respectively, to read as follows: CLT District, 90-253, Special exception uses. (1) Restaurant, take-out restaurant, café. (2) Dry cleaner/laundry, laundromat CHV District, Sec. 90-282. Permitted uses. (3) Restaurant, take-out restaurant, café. (5) larreleaner7lattndry Dry cleaner/laundry, laundromat Section 7. That the City Council for the City of Okeechobee, Florida amends herein Chapter 90, ZONING, ARTICLE Ill, Section 90-316 to read as follows: Sec. 90-316. Additional regulations The following additional regulations shall apply to all uses within this district. In the event an applicant cannot comply with any additional regulation due to the requirements in section 90-394 90-315, such applicant may, in conjunction with the site plan review by the technical review committee, request a waiver of any such additional regulation. Section 8. That the City Council for the City of Okeechobee, Florida amends herein Chapter 90, ZONING, ARTICLE III, Section 90-342 and 90-343 by moving café from the list of special exception uses to the list of permitted uses in the Industrial District and by adding certain personal service uses to the list of permitted uses in the Industrial District. Section 90-342, Permitted uses. Section 90-343, Special exception uses. L23 -(222- Café (5) Cafe' (r2y 42- Barbershop, beauty shop {24)- Dry Cleaner/laundry f25) Nail care (27) -6263- Shoe repair 281 -{ } Tailor Section 9. That the City Council for the City of Okeechobee, Florida amends herein Chapter 90, ZONING, ARTICLE IV, by adding a new subsection 90-511(e)(6) to read as follows: (6) For new construction, no parking space accessed via a driveway from a public road shall be located closer than 20 feet from the right-of-way line of said public road. Section 10. That the City Council for the City of Okeechobee, Florida amends herein Chapter 90, ZONING, ARTICLE IV, Section 90-512 by modifying the off-street parking requirement for automobile sales establishments to read as follows: DIVISION 3. OFF-STREET PARKING AND LOADING Sec. 90-512. Space regulations. Language to be added is underlined Language to be deleted is stmefc-through Ordinance No. 1079 Page 6 of 8 (2) Commercial Uses: Automobile sales. 1 per 400 square feet of floor area, plus 1 per 1,500 square feet of outdoor area used for sales or display. Section 11. • That the City Council for the City of Okeechobee, Florida amends herein Chapter 90, ZONING, ARTICLE IV, by deleting Section 90-535 in its entirety and modifying Section 90-534 to read as follows: Sec. 90-534. Required residential and nonresidential buffer areas. For all development undertaken throughout the city, except for with construction of an individual single-family or duplex structure, landscaped buffer areas shall be required within required setbacks and landscaped as follows: Section 12. That the City Council for the City of Okeechobee, Florida amends herein Chapter 90, ZONING, ARTICLE IV, by modifying Section 90-573(b) to read as follows: (b) Total area of all signs. The combined sign area of building signs, ground signs and pole signs is limited to one square foot for each linear foot of property on a frontage street, plus one square foot for each two linear feet of property on side streets. In addition the total area of other signs identified in subsection (-1)(e} (a)(3), above, shall not exceed 48 square feet. Section 13. That the City Council for the City of Okeechobee, Florida amends herein Chapter 90, ZONING, ARTICLE IV, by modifying the title of Division 9 to read as follows: DIVISION 9. SPECIAL EXCEPTION AND SUPPLEMENTAL USE REGULATIONS Section 14. That the City Council for the City of Okeechobee, Florida amends herein Chapter 90, ZONING, ARTICLE IV, relating to required minimum side and rear yards for community centers, adult family care homes or assisted living facilities, and houses of worship as set forth in Sections 90-693(3), 90-695(3) and 90-696(3)each to read as follows (3) Minimum yards Front 40 feet Side 25 feet; 50 feet abutting residential zoning district or abutting an adjacent residential use in the same residential zoning district. Rear 25 feet; 50 feet abutting residential zoning district or abutting an adjacent residential use in the same residential zoning district. Section 15. That the City Council for the City of Okeechobee, Florida amends herein Chapter 90, ZONING, ARTICLE IV, by adding a new Section 90--7-G2 setting forth gG_•TOZ regulations specifically pertaining to outdoor vehicle sales lots, to read as follows: • Language to be added is underlined Language to be deleted is stru gh Ordinance No. 1079 Page 7 of 8 c1U- Sec. i-792.Outdoor vehicle sales lot Outdoor vehicle sales lot requirements are as follows: (1) Location Where permitted by district regulations. (2) Minimum lot area •, : - • _ - - - ; o - 10,000 square feet; 100 feet wide (3) Minimum yards As permitted by district regulations. 4 Maximum lot coverage As permitted by district regulations. (5) Max. impervious coverage As permitted by district regulations. (6) Maximum height As permitted by district regulations 17) Special requirements Display area: Vehicle display areas may be grass or other surface but must be maintained in a sightly and dust free condition. Grass display areas are permitted only to the extent that they are identified on an approved site plan and such areas are in addition to the minimum 15% of the site that is required to be pervious. Vehicles on display must be located at least three (3) feet from any sidewalk or property line. Lighting: Artificial lighting used to illuminate the premises must be directed away from adjacent properties and streets, shining only on the subject site. Section 16. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 17. 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 18. Effective Date. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this 3rd day of January,;2012.. ) James E. Kirk, Mayor ATTEST: IA Al icy' Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Fi . 'ubli' Hearing this 17th day of January, 2012. James E. Kirk, Mayor A ilp ST: Lan- Gamiotea, CMC, City Clerk RE7 FOR L7AL UFF CIENCY: John R. Cook, City Attorney Language to be added is underlined Language to be deleted is stftrek-th Ordinance No. 1079 Page 8 of 8