2013-10-17448
CITY OF OKEECHOBEE
PLANNING BOARD
OCTOBER 17, 2013 SUMMARY OF BOARD ACTION
AGENDA
I. CALL TO ORDER - Chairperson.
II. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE - Secretary.
Chairperson Dawn Hoover
Vice Chairperson Terry Burroughs
Board Member Phil Baughman
Board Member Karyne Brass
Board Member Kenneth Keller
Board Member Douglas McCoy
Board Member Gary Ritter
Alternate Board Member John Creasman
Alternate Board Member Les McCreary
Attorney John R. Cook
City Planning Consultant Bill Brisson, Senior Planner
Board Secretary Patty M. Burnette
III. MINUTES - Secretary.
A. Motion to dispense with the reading and approve the Summary of
Board Action for the September 19, 2013 regular meeting.
IV. AGENDA - Chairperson.
A. Requests for the addition, deferral or withdrawal of items on today's
agenda.
PAGE 1 OF 2
ACTION - DISCUSSION - VOTE
In the absence of the Chairperson, Vice Chairperson Burroughs called the October 17, 2013 meeting to order at 6:00
p.m.
Board Secretary Burnette called the roll:
Absent with consent
Present
Present
Present
Absent with consent
Present
Present
Present moved to voting position
Absent with consent
Absent with consent
Present
Present
Board Member Baughman moved to dispense with the reading and approve the Summary of Board Action for the
September 19, 2013 Regular Meeting; seconded by Board Member McCoy. There was no discussion on this item.
VOTE
HOOVER - ABSENT
MCCOY- YEA
BURROUGHS -YEA
RITTER - YEA
BAUGHMAN -YEA
CREASMAN - YEA
BRASS - YEA KELLER - ABSENT
MCCREARY - ABSENT MOTION CARRIED.
Vice Chairperson Burroughs asked whether there were any requests for the addition, deferral or withdrawal of items
on today's agenda. There being none the agenda stands as published.
V. NEW BUSINESS.
A. Consider amendments to the Land Development Regulations relating
to noncommercial livestock/farm animals in the Residential Single
Family - One (RSF-1) Zoning District by accessory use, limitations,
and required enclosures - Senior Planner (Exhibit 1).
B. Consider any additional requests for amendments to the City's Land
Development Regulations - Chairperson.
VI. ADJOURNMENT - Chairperson.
PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Planning
Board /Board of Adjustment and Appeals with respect to any matter considered at this proceeding, 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. GeneraLSetvices media are for the sole
purpose of backup for official records. ?
Patty M. rnette, Secretary
Patty M. umette, Secretary
Daw• F Hoover, Chairperson
OCTOBER 17, 2013 - PLANNING BOARD - PAGE 2 OF 4 4 9
ACTION - DISCUSSION - VOTE
Planner Brisson began the discussion to consider amendments to the Land Development Regulations relating to
noncommercial livestock/farm animals explaining the Board needs to consider the specific types of animals to be
allowed, how many, whether any limitations or restrictions should be placed in the RSF -1 Zoning District along with
whether there is a need for enclosures for the animals. He further explained, currently the Code only addresses the
keeping of animals in Chapter 10, with the most pertinent sections of this chapter addressing sheltering when the number
of animals exceeds three and preventing public nuisances.
A lengthy discussion between the Board followed regarding types of animals that should be allowed and the
limitations /restrictions. It was decided by a consensus of the Board that they wished to continue following the current
code as provided for in Chapter 10 and should any complaints be received from Code Enforcement, the Board would
consider amendments to address the complaints at that time.
No one from the public offered comments, No Board members offered to disclose Ex -Parte communications for the
record.
Board Member Baughman moved we have considered making amendments to the Land Development Regulations, and
decided at this time none are necessary, leave it as it is; seconded by Board Member Ritter.
VOTE
HOOVER - ABSENT
MCCOY • YEA
BURROUGHS -YEA
RITTER - YEA
BAUGHMAN - YEA BRASS - No KELLER - ABSENT
CREASMAN - YEA MCCREARY - ABSENT MOTION CARRIED.
Vice Chairperson Burroughs asked whether there were any requests for amendments to the Land Development
Regulations. There were none offered.
There being no further items on the agenda, Vice Chairperson Burroughs adjourned the meeting at 6:39 p.m.
City of Okeechobee
Planning Board
Patty's Hand written Minutes October 17, 2013
I. CaII To Order - Chairperson:
f I �C^Chair Heaver called the October 17, 2013, Planning Board Regular Meeting to order at
Liu k$
II. Chairperson, Bd Member Staff Attendance - Secretary.
b•00 p.m.
Pg 1 of
III. Minutes - Secretary.
A. Board Member vv‘ a.vt moved to dispense with the reading and approve the Summary of
Planning Board /Board o Adjustment and Appeals Action for the September 19, 2013 regular meeting;
seconded by Board Member al
Discussion:
VOTE
PRESENT
ABSENT (W OR W/0 CONSENT)
Chairperson Hoover
NAY
AOs-enf W /C!c/15ee't'
Vice Chairperson Burroughs
ABSTAINED
Board Member Baughman
►/
Board Member Brass
tf
Board Member Keller
Ak Se��f Ivlcio�t :14
Board Member McCoy
Board Member Ritter
V
Alternate Board Member Creasman
✓
move -Iv VO1�in j POSft-
Alternate Board Member McCreary
A lok)en4- vV /0 eoz,e 4t
Planning Consultant Brisson, Senior Planner
Board Attorney Cook
✓
Ah'eitfvJ /�►Or1s-e (1+
Board Secretary Burnette
✓
III. Minutes - Secretary.
A. Board Member vv‘ a.vt moved to dispense with the reading and approve the Summary of
Planning Board /Board o Adjustment and Appeals Action for the September 19, 2013 regular meeting;
seconded by Board Member al
Discussion:
VOTE
YEA
NAY
ABSENT
NONVOTING
ABSTAINED
HOOVER
BURROUGHS
BAUGHMAN
✓/
BRASS
✓
KELLER
MCCOY
✓
RITTER
✓
CREASMAN
✓
MCCREARY
RFSl1I TS.
CARRIFfl
DFNIFD
ViceOctober 17, 2013- PB Minute Guide - Page 2 of •
IV. Agenda - Chairperson.
A. Chair Hoover asked whether there were any requests for the addition, deferral or withdrawal of items on
today's agenda.
NnQ,
V. NEW BUSINESS.
A. Consider amendments to the Land Development Regulations relating to noncommercial livestock /farm
animals in the Residential Single Family - One (RSF -1) Zoning District by accessory use, limitations, and
required enclosures - Senior Planner (Exhibit 1). :01
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October 17, 2013- PB Minute Guide - Page 3 of -
2. Public comments or questions from those in attendance, or submitted to the Board Secretary.
��
Nl asld
3. Disclosure of Ex -Parte communications by the Board.
N as ► -d_
October 17, 2013- PB Minute Guide - Page 4 of
4. a) Consider a motion to recommend the City Council approve or deny amendments to the Land
Development Regulations relating to noncommercial livestock /farm animals in the Residential
Single Family - One (RSF -1) Zoning District by accessory use, limitations, and required enclosures.
no C "r,t, hr trr" -!e.. ino t1P_- f7Q r t ire1nf--rOGt*C
Board Member 'NO ,1""-41 moved to recommend the City Council approve or deny amendments to the Land
Development Regulations relating to noncommercial livestock /farm animals in the Residential Single Family - One- (RSF -1)
Zoning District by accessory use, limitations, and required enclosures; seconded by Board Member ktl ( V
b) Board discussion.
c) Vote on motion.
VOTE
YEA
NAY
ABSENT
NONVOTING
ABSTAINED
HOOVER
✓
BURROUGHS
BAUGHMAN
BRASS
KELLER
MCCOY
✓
RITTER
✓
CREASMAN
✓
MCCREARY
RFSIII TS.
/
/ CARRIF-11
DFNIFD
October 17, 2013- PB Minute Guide - Page 5 of
B. Consider any additional requests for amendments to the City's Land Development Regulations -
\ba Chairperson. No(,L ,
VI. ADJOURN - Chairperson. 0
}
ANY PERSON DECIDING TO APPEAL any decision made by the Planning Board /Board of Adjustment and Appeals with
respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and that
the record includes the testimony and evidence upon which the appeal will be based. General Services media are for the
sole purpose of backup for official records of the Department.
In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs
special accommodation to participate in this proceeding, contact the General Services Department, no later than two
business days prior to the proceeding, 863 - 763 -3372.
Please be advised that should you intend to show any document, picture, video or items to the Board in support or
opposition to any item on the Agenda; a copy of the document, picture, video or item MUST be provided to the Board
Secretary for the City's records.
CITY OF OKEECHOBEE
PLANNING BOARD MEETING
OCTOBER 17, 2013 OFFICIAL AGENDA
I. CALL TO ORDER - Chairperson: October 17, 2013, Planning Board Meeting, 6:00 p.m., City Hall, 55 SE Third Avenue, Okeechobee, FL.
II. CHAIRPERSON, BOARD MEMBER AND STAFF ATTENDANCE - Secretary.
Chairperson Dawn Hoover
Vice - Chairperson Terry Burroughs
Board Member Phil Baughman
Board Member Karyne Brass
Board Member Kenneth Keller
Board Member Douglas McCoy
Board Member Gary Ritter
Altemate Board Member John Creasman
Alternate Board Member Les McCreary
Board Attorney John R. Cook
City Planning Consultant Bill Brisson, Senior Planner
Board Secretary Patty Burnette
III. MINUTES - Secretary.
A. Motion to dispense with the reading and approve the Summary of Planning Board /Board of Adjustment and Appeals Action for the September 19, 2013, regular
meeting.
IV. AGENDA - Chairperson.
A. Requests for the addition, deferral or withdrawal of items on today's agenda.
V. NEW BUSINESS.
A. Consider amendments to the Land Development Regulations relating to noncommercial livestock/farm animals in the Residential Single Family - One (RSF -1)
Zoning District by accessory use, limitations, and required enclosures - Senior Planner (Exhibit 1).
OCTOBER 17, 2013 - PB AGENDA - PAGE 2 OF 2
V. NEW BUSINESS continued.
B. Consider any additional requests for amendments to the City's Land Development Regulations - Chairperson.
VI. ADJOURN - Chairperson.
ANY PERSON DECIDING TO APPEAL any decision made by the Planning Board/Board of Adjustment and Appeals with respect to any matter considered at this meeting will
need to ensure a verbatim record of the proceeding is made and that the record includes the testimony and evidence upon which the appeal will be based. General Services media
are for the sole purpose of backup for official records of the Department.
In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding,
contact the General Services Department, no later than two business days prior to the proceeding, 863 -763 -3372.
Please be advised that should you intend to show any document, picture, video or items to the Board in support or opposition to any item on the Agenda; a copy of fhe document,
picture, video or item MUST be provided to the Board Secretary for the City's records.
11IDEPENDENT
.441
NEWSPAPERS
OKEECHOBEE NEWS 107 S.W. 17th Street, Suite D, Okeechobee, EL 34974
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally
appeared Tom Byrd, who on oath says he is Publisher
of the Okeechobee News, a three times a week
Newspaper published at Okeechobee, in
Okeechobee County, Florida, that the attached copy of
advertisement being a
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
Affiani, 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 fur-
ther says that she has neither paid nor promised any
person, firm or corporation any discount, rebate, corn -
mission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Tom Byrd
Sworn to and subscribed before me this
day of
Notary Public, State of Florida at Large
,a1
ANGIE BRIDGES
,t _ Nis' COMMISSION # EE 177653
NII
x'; q. Bonded Tot Notary Pu 2O Underwriters
AD
to r`1 -l3 m Pd"
(863) 763-3134
no -n,n,
.PUBLIC NOTICE: CITY PLANNING BOARD MEETING
NOTICE IS HEREBY GIVEN that the City of Okeechobee Planning Board
will meet as the Local Planning Agency on Thursday October 17, 2013
at 6 PM or as soon thereafter as possible, at City Hai 55 SE 3rd Ave, Rm
200, Okeechobee, FL., to consider any proposed amendments, submitted by
CIty Staff o; citizens, to the adopted City Comprehensive Plan, which may
include amendments to the adopted Land Development Regulations
(LDR's). M amendments are forwarded, with a recommendation, to the City
Council for final consideration.
Items of discussion received to date, but not limited to: Review and com-
pare currently adopted definitions and regulations in the Code of Ordinanc-
es and Comprehensive Plan with similar communities relating to Agriculture
and Non - Agriculture types of Animals, Public Nuisance, types of animals
permitted within the various Zoning Districts, and minimal lot requirements
for agriculture animals such as livestock and fowl.
All interested parties, and calling special attention to any 4 -H or Future
Farmer of America member who raises livestock and /or fowl for Exhibits,
Livestock Shows, and /or County Fairs; or any persons with livestock or fowl
on property within the Qty limits are encouraged to review the proposed
amendments and attend this meeting. Contact General Services at
863 - 763 -337L, pbumettetcitvofokeechobee.com, or website,
ckagkeechobee.com. to obtain a copy of the agenda. The proposed
amendments can be reviewed and printed from the City website or at the
Office of the ctty Clerk, during normal business hours, at the address
above.
ANY PERSON DECIDING TO APPEAL any derision made by the Planning
Board with respect to any matter considered at this meeting will need to en-
sure a verbatim record of the proceeding is made and the record Includes
the testimony and evidence upon which the appeal will be based. In accor-
dance with the Americans with Disabilities Act (ADA), any person with a
disability as defined by the ADA, that needs special accommodation to par-
ticipate in this proceeding, contact the General Services Office no later than
two business days prior to proceeding, 863- 763-3372.
BE ADVISED that should you intend to show any document, picture, video
or items to the Planning Board in support or opposition to any item on the
agenda; a copy of the document, picture video, or item must be provided
to the Board Secretary for the City's records.
BY: Brian Whitehall, Zoning Administrator
;I 1 II
...rI/#- .....
Planning
& Management Services,
Exhibit 1
Memorandum
To: Members of the Planning Board
From: Bill Brisson
Date: October 8, 2013
Subject: Materials for the October 17th Planning Board meeting concerning possible changes
to the LDC pertaining to the raising, boarding or keeping of livestock /farm animals in
the RSF1 Zoning District.
INTRODUCTION
As you will recall, during the Planning Board's joint meeting with the City Council in July, it was
agreed that after recommending to the City Council changes to the Future Land Use Element of
the Comprehensive Plan and creating a new zoning district that would allow for "limited agricul-
ture", the Planning Board would address the noncommercial keeping of livestock/farm animals
in the RSF1 Zoning District. The materials in this Memorandum are provided for your consider-
ation and discussion at the October l7th Planning Board meeting.
For your ease of review, excerpts from the City of Okeechobee's Code or those of other
communities are shown in Times Roman typeface. Our comments are shown in this typeface.
EXISTING REGULATIONS
At this, time the keeping of animals within the City of Okeechobee is addressed only in Chapter
10 of the Code of Ordinances. The most pertinent sections of this chapter, which require shel-
tering when the number of animals exceeds three and are intended to prevent public nuisances,
are reproduced below.
Sec. 10 -1. Definitions.
Animal means any living dumb creature.
Public nuisance and nuisance mean any animal which molests passersby or passing vehicles;
attacks other animals; trespasses on school grounds; damages private or public property; barks,
whines or howls in an excessive continuous or untimely fashion; causes an annoyance in the
neighborhood by acts such as overturning garbage cans, digging holes upon other than its
owner's property, or such other acts that are generally regarded to create a public nuisance."
Providing Planning and Management Solutions for Local Governments Since 1988
i 375 Jackson Street. Suite 206 Fort Myers. FL 33901 2";9-334-3366 www.larueplanning.com
"Sec. 10 -3. Limitation as to the number of animals.
It is hereby declared to be in the best interest of the city and its citizens not to allow individuals
to have numerous animals in a noncommercial environment. Any household owning more than
three animals shall provide, for their animals, confined pens and /or shelters with a facility for
sanitary waste disposal."
"Sec. 10 -8. Public nuisance.
(a) It shall be unlawful for any person to keep or harbor within the city any animal which barks,
howls or makes other noises excessively (continuously for more than 20 minutes) by day or
night so as to disturb the peace and quiet of any person or family.
(b) It shall be unlawful for any person to allow the area in which the animal or animals are kept
to become unsanitary or to give off unpleasant odors resulting in complaints from citizens in
the neighborhood.
(c) It shall be unlawful for any person to allow any animal to create a public nuisance.
(d) The animal control officer of the city has the power to remove and impound any animal it
deems necessary to protect the welfare of the public. All expenses for impounding and
boarding are the responsibility of the owner. "
It is clear that the above regulations are intended only to prevent animal ownership from
imposing a nuisance on the general public. In order to ensure that the raising, boarding or
keeping of livestock /farm animals occur in appropriate locations and are compatible with
adjacent uses, these concerns should be addressed in the City's LDC. Since limited com-
mercial agricultural use is to be allowed in the proposed "Rural Heritage" Zoning District as
recommended to the City Council by the Planning Board, the following discussions concern only
noncommercial agricultural uses.
Based on comments by Board members during discussions, it appears to us that the primary
concern is to continue allowing limited noncommercial agricultural uses in the RSF1 Zoning
District while protecting neighboring residents. There is more land zoned RSF1 than any other
zoning district in the City and is the zoning district in which residents are most likely to consider
keeping livestock or undertaking other limited forms of agriculture.
Serv1ng FI <a•ida Luc. 1 t.uvernn nts tiinie 1088
REVIEW OF APPROACHES USED BY OTHER JURISDICTIONS
Okeechobee is the urban center of a rural county but still retains characteristics of a rural
community. It is entirely consistent with the character of the City to continue to allow limited
noncommercial agricultural activities, including the raising, boarding or keeping of livestock /farm
animals in its least intensive residential areas.
In this regard, we have identified the following five small Florida communities (population
between 4,300 and 7,600) that are sufficiently similar to Okeechobee in character to warrant
investigating their approaches to noncommercial agricultural uses:
MUNICIPALITY
COUNTY
POPULATION
Arcadia
DeSoto
7,585
High Springs
Alachua
5,355
Mascotte
Lake
5,127
Parker
Bay
4,305
Wauchula
Hardee
5,072
Each city's regulatory approach to agricultural uses and the keeping of farm animals is provided
on the following pages.
tierving Florida !tn. +vernn rnt. N*nre loss
3
CITY OF ARCADIA, FL
SUMMARY
Arcadia prohibits the keeping of hogs, shoats (young hogs), pigs or boars within the city.
Horses, cows, steers and other similar types of livestock are allowed, but there must be at least
one acre per animal if kept on a "permanent" basis.
If fowl, rabbits, goats, etc. are kept in residential districts they must be kept in a completely
enclosed area.
Following are excerpts of pertinent sections of the City of Arcadia's regulations.
"Sec. 26 -32. - Keeping hogs.
It shall be unlawful for any person to keep any hog, pig, boar or shoat within the city.
Sec. 26 -33. - Keeping horses, cows and similar animals.
Horses, mules, donkeys, jackasses, jennies, bulls, cows, calves, or steers may be kept in the
city, but no horses, mules, donkeys, jackasses, jennies, bulls, cows, calves, or steers shall
be permanently kept on any lot or parcel of land in the city containing less than one acre for
each animal permanently kept. For purposes of this section, the term "permanently" is
defined as any period of time in excess of 48 hours within any seven -day period. This
section shall not apply to property with a greenbelt classification as set forth in division 2
of this article.
Sec. 26 -34. - Keeping fowl, rabbits or goats.
Any person who chooses to maintain fowl, including but not limited to chickens, roosters,
turkeys, guinea fowl, pigeons, peacocks, parrots, pheasants or psittacines, or rabbits or
goats, within the city limits in residential districts must completely enclose the area in
which the fowl, rabbits or goats are kept by an opaque chainlink fence with slats at least six
feet in height or a manufactured wood privacy fence with no holes or rot at least six feet in
height completely surrounding such area. The fence may only be in the rear yard of any lot
and must be set back from the property line on the back and on the sides at least 15 feet.
Serving Florida Local Gomernntonts'singe 1
4
Sec. 26 -35. - Cleanliness of pens and other enclosures.
The owners of all areas enclosed as provided in section 26 -34 shall keep such premises in a
clean condition by removing therefrom all accumulations of disease - producing deposits,
and disinfecting the premises as often as shall be necessary, and upon a failure to do so for
the term of six hours, after notice being given by the city to that effect, each and every
person so offending shall be guilty of keeping and maintaining a nuisance, which nuisance
may be abated upon the order of the city council at the expense of the party offending, and
the defendant shall be punished as prescribed in section 1 -12.
Sec. 26 -36. - Allowing fowl to run at large.
It shall be unlawful for any person to allow, permit or suffer any chicken, rooster, turkey,
guinea fowl, pigeon, peacock, parrot, pheasant, psittacine or other domestic fowl to run at
large within the corporate limits of the city.
Sec. 26 -37. - Allowing livestock to run at large.
No horse, mule, donkey, jackass, jenny, bull, cow, calf, steer or other cattle, sheep, pig,
hog, boar, shoat, goat, rabbit, or sheep shall be allowed to run at large at any time within
the corporate limits of the city."
.tie rvi nth Florid. Loi.il etnvern mcrnh 19Rti
CITY OF HIGH SPRINGS, FL
SUMMARY
The City Comprehensive Plan limits the keeping of farm animals to tracts of five acres or more
and requires two acres per farm animal.
The R -1 district, the city's least intense residential district and the only residential district where
farm animals are allowed. Other forms of agriculture are allowed on smaller parcels and in other
residential and nonresidential districts either as a permitted use or as a conditional use.
Following are excerpts of pertinent sections of the City of High Springs' regulations.
FUTURE LAND USE ELEMENT
"Policy 1.1.5
The future land use map of the city shall not contain an agricultural designation. It is the
intent of the city that, when fully developed, the city will not have an agricultural district
within the corporate limits. However, the city shall encourage the agricultural use of land.
Such encouragement shall be in the form of future land uses that permit:
A. Agricultural uses will be permitted on tracts of land of five acres or more which are
zoned residential, commercial or industrial.
B. Agricultural uses, excluding farm animals, will be permitted on less than five acres
of land in areas zoned residential, commercial or industrial, provided there are
adequate safeguards for adjoining future land uses.
C. There shall be no more than one farm animal per two acres.
Intensive agricultural operations such as feedlots, poultry operations, or dairies shall not be
permitted. "
.tierce; Florid: I.x' ;al c., nrrnntvtv.+ Sill te 1
LAND DEVELOPMENT CODE
"Agricultural use: Production and harvesting of vegetable, horticultural and silvicultural crops,
farm animals, including cattle, horses, swine, fur - bearing animals, aquaculture, fowl, reptiles and
any other animals raised for food or by- products, fertilizers and silage."
"Farm animals /livestock: Any animal bred and /or raised for food products, hides or other by-
products, or kept for farming activities."
"15.03 - Residential districts.
1) The R -1 district is designed to accommodate low density single family residences and
agricultural activities in areas within the city's planning jurisdiction that are not
served by public water or central sewer facilities and are not yet appropriate for
development at higher densities. "
"16.06 - Table of permitted uses.
1) In the table of permitted uses the letter "Z" indicates that the use is permitted within
the indicated zone with a zoning permit issued by the zoning administrator. The letter
"C" indicates that a conditional use permit must be obtained from the city
commission.
2) With regard to residential uses, "ZC" indicates that such developments of four
dwelling units or less may be pursuant to a zoning permit, and developments of five
or more dwelling units require a conditional use permit.
6) The table lists the types of agricultural uses allowed in the various zoning districts.
USE DESCRIPTION R -1 R -1A R -2 R -3 C -1 C -2 C -3 I
13 AGRICULTURAL, SILVICULTURAL
13.1 Agricultural operations excluding livestock Z Z Z Z Z Z Z Z
13.2 Agricultural operations including livestock Z Z
13.3 Livestock kept for pleasure use or as pets Z Z
13.4 Agricultural wholesale distribution C C ZC
13.5 Silvicultural operations Z C C C C C CC
13.6 Horticultural operations (Wholesale) C ZC ZC
13.7 Horticultural operations (Retail) C C ZC ZC
16.07 - Animal feedlots, poultry operations, dairies, and commercial aviaries are not permitted in
the city."
Ser\ilw!, Florida Local if. n es'nniint, ~antii t9SS
CITY OF MASCOTTE, FL
SUMMARY
Mascotte has three zoning districts that allow agriculture. However, the RE, Rural Estates
district is most like that which one might expect in Okeechobee. It is not intended for
commercial agriculture but certain limited commercial type uses are allowable as described
below.
Following are excerpts of pertinent sections of the City of Mascotte's regulations.
"RE, Rural Estates
This zoning district lies within the Rural Residential Land Use designation and allows up to one
(1) unit per one (1) gross acre.
This zoning district is intended to provide a location for the land situated on the fringe of the
urban area that is used for single- family residential purposes. This zoning district is not intended
to provide commercial agricultural activities, although a small equestrian stable and other limited
number of farm animals may be considered on two (2) or more contiguous acres and if there is
not negative impact on surrounding properties. This category also provides for conservation of
natural resources through clustering of residential development.
Table 3.2, Permitted Uses for Rural Estates (RE) District"
Land Use
Citrus Grove
Day Care Facilities (Adult & Children less than 5)
Garage Apartment/Guest Cottage
Home Occupations
Manufactured Mobile Home Dwelling
Single Family Dwelling
Bed and Breakfast
Horseback Riding Stable
Servmr Florida I ic.a1 G; nvrnnont.. timer 1985
Use Class
Agriculture
Residential
Residential
Residential
Residential
Residential
Residential /Commercial
Commercial
RE
C
C
C
P
P
P
C
C
CITY OF PARKER, FL
SUMMARY
The City of Parker only allows the keeping of livestock or fowl if the property owner receives
written permission from all occupants or owners of all adjacent property and written permission
from the City Clerk. All fowl or animals must be kept in a pen, yard or place that meets county
or state sanitary and health requirements.
Following are excerpts of pertinent sections of the City of Parker's regulations.
Chapter 10, Animals
Sec. 10.1 Definitions
"Livestock shall include and mean cattle, hogs, pigs, potbellied pigs, swine, goats, horses, mules,
sheep and other domesticated barnyard animals. "
"Fowl as used in this article shall mean chickens, geese, ducks, turkeys, and other domesticated
barnyard fowl."
"Sec. 10 -8. - Keeping livestock or fowl.
(a) Except as set forth in subsection (b) of this section, no person shall keep any livestock
or fowl within the city limits except that a permit may be issued for a zoological park,
stable, kennel, circus or other performing animal exhibition with the approval of the
city clerk or his designee.
(b) Except as set forth in subsection (a) of this section, it shall be unlawful to keep any
livestock or fowl within the city limits without first obtaining the written permission
of the owners or occupants of all property abutting the premises on which such fowl
are to be kept and without further obtaining the written permission of the city clerk or
his designee.
(c) Any livestock or fowl kept within the city limits without the permission or permit
required by subsection (a) or (b) shall be subject to impoundment.
(d) In the event that anyone shall procure permission to keep fowl within the city limits
or shall otherwise obtain a permit for the keeping of other animals, such fowl or
animals shall be kept in a pen, yard or place which shall comply with sanitary
conditions required by the state department of health, or the county health unit. "
Serving noIid t.ucat t Nen-Mit-ON since 19i8S
CITY OF WAUCHULA, FL
SUMMARY
The City of Wauchula has two zoning districts which allow for agricultural uses, the AG and FR.
The AG District is a full agricultural district intended to provide for continuation of activities for
properties with Agricultural Tax Exemptions.
The FR, Farm Residential District, is most similar to that which Okeechobee is considering. It
allows for limited agricultural uses, the keeping of farm animals, and single - family homes; but
also allows a broad range of other residential, agriculture - related and civic types of use which
we do not contemplate for Okeechobee. Wauchula's regulations do not encourage additional
agricultural uses and in fact require the cessation of agricultural activities.
Following are excerpts of pertinent sections of the City of Wauchula's regulations.
Definitions:
"Agricultural Uses, Limited: Land uses in residential areas that are characterized as agricultural
in nature and are limited to orchards; vineyards; nurseries; ornamental horticulture areas; groves;
noncommercial greenhouses; bee keeping; and, raising exotic species with the exception of
venomous reptiles. "
"Agricultural Uses: Activities within land areas which are predominantly used for the cultivation
of crops and livestock including: crop land; pasture land; orchards; vineyards; nurseries;
ornamental horticulture areas; groves; confined feeding operations; specialty farms; and
silviculture areas. (9J -5.003 F.A.C.) "
"2.05.01. Zoning District Summary Tables. The tables on the following pages present, in a
quick- reference form, information regarding permitted and special exception land uses, and
development standards for the FR zoning district. These tables must be read in conjunction with
the regulations for specific zoning districts in Section 2.05.02. The key to the table is as follows:
P = Permitted Use
D = Site Development Plan required; use is permitted upon approval of site development
plan by the Development Director
S = Special Exception Use; Planning Board action required
$ervInt; Fh,rida 1.0ca1 t..,rernment. ■ince 1')SM
10
Table 2.05.01(A) Table of Land Uses
Category /Use
FR
Field, row & tree crops
P
Greenhouses, commercial & noncommercial as accessory uses only
P
Roadside stands for sale of ag products
P
Keeping of cattle, horses, excluding feed lots or dairies, and other farm animals
P
Sale & storage of hay & straw
P
Drying of crops
P
Farm Labor Camp
C
Forest land & pasture for grazing cattle & horses
P
Keeping of poultry, rabbits and other animals for private use
P
Private stables
P
Single- family, std. construction
P
Single - family, modular
p
Single - family, manufactured home (mobile home)
D
Garage apartment, detached
p
In -law units, attached
p
Adult Family Care Home, Family Day Care Home, Family Foster Home
P
Bed and Breakfast Inn
p
Home -based occupation
P
Agriculture, Limited + farm animals
P
Kennel
D
Plant Nursery
p
Temporary Uses: Tent, Circus, Carnival
D
Club - Fraternal, Civic
D
Sewer Lift Station
p
Telephone Switching Station
S
Church
D
Public Library
P
Museum
P
School, Private (grades K -12)
S
School, Public (grades K -12)
D
Golf Course —see district for more info
P
Park
P
Recreation, indoor, public
P
Recreation, outdoor, public
P
Sen.sne Florida hlt. 1 i.a vernnwn , ''inre 198..
Table 2.05.01(B) Table of Development Standards
District
CP
Density
(units /ac)
Zoning
Max.
Density
Min. Lot
Size (sf)
Min. Lot
Width
(ft)
Min.
Floor
Area
(sf)
Setbacks (ft)
Max.
Bldg.
Ht.
(ft.)
Max.
Lot
Cov.
Front
Sides
Rear
FR
SFR 4
2
0.5 acres
75
1,000
25
10
12.5
(2)
40
40(1)
35%
(1) Maximum Height does not apply to church spires, cupolas, belfries, chimneys, flag or radio
poles, gas holders, grain elevators or elevator enclosures.
(2) For two stories.
TABLE 2.05.01 (C) ZONING CONSISTENCY MATRIX
Zoning Max. Zoning District Density Max. Comprehensive Plan Comprehensive Plan
District (DU /Ac.) [Ltd by zoning Density (DU /Ac.) or Future Land Use
district minimums.] Floor Area Ratio (FAR) Classification
FR 2
4
Single - family
Residential
2.05.02. Establishment of Zoning Districts. The following zoning designations are hereby
established within the City of Wauchula.
2.05.02.02. FR Farm Residential.
(A) FL UM Designation: Single - Family Residential.
(B) Purpose: To provide for limited agricultural uses and the keeping of farm animals
within the City. In general, limited agricultural pursuits and single - family detached
dwelling units are allowed.
(C) Permitted Principal Uses and Structures: Uses permitted in this district are detailed in
the Table of Land Uses. Permitted uses are designated by the letter "P ". Uses designated
by the letter "D" require the submission and approval of a Site Development Plan prior
to application for a Development Permit.
(D) Accessory Uses: Accessory uses and structures customarily incidental and subordinate
to permitted principal uses and structures; provided, however, that no accessory
structures shall be located on property other than that on which the principal structure is
located. Section 2.06.00 contains detailed guidance and regulations for permitted
accessory uses....
Serving Florid:! 1 ure1 t:rovernmentn luxe 1 OSS
"tS , r,.,_ :qM^; `.. r -,,. �:.' M�. hi,* s ^;,tiyvx „?S•.wrx>F.- .`Fi =.a�.�
12
(E) Special Exception Uses: Uses permitted as Special Exceptions in this district are
detailed in the Table of Land Uses. Such uses are designated by the letter "S ". Special
Exception uses require the submission of an application and approval by the Planning
and Zoning Board prior to application for a Development Permit.
(F) Development Standards: Development standards for uses in this district are detailed in
the Table of Development Standards in Section 2.05.01(B)....
(G) Other Requirements.
(1) Accessory Uses:...
(2) Roadside Stands: Excess produce and other products that are agricultural in nature
and harvested from orchards, vineyards, nurseries, ornamental horticultural areas,
groves, noncommercial greenhouses, etc., as well as excess produce harvested from
any commercial farm, may be sold on the premises to the general public by the
means of a roadside stand or similar structure, by the residents of the property. All
setbacks must be observed from rights -of -way and property lines as required for
any accessory structure.
Lands that are surrounded by the city limits, and are known as "enclaves ", may not
be annexed in and zoned for agricultural purposes, unless such lands are currently
the site of agricultural activities, such as groves, and unless the health, safety and
welfare of the citizens of Wauchula can be protected. For the health, safety and
welfare of the citizens of Wauchula, agricultural uses will only be permitted at the
perimeter of the City, in areas that already support agricultural uses and have
qualifying agricultural tax exemptions. At the time of development, or subdivision
of the land for development, or when the agricultural tax exemption is removed, all
rights to agricultural uses (including the keeping of farm animals) shall cease."
(3)
COMMENTS AND RECOMMENDATIONS
1. The first question that must be answered is — What specific types of noncommercial
agricultural activity should be allowed; what types of farm animals do we wish to allow; and
how many should be allowed?
As you will recall, the definition of limited noncommercial agriculture that was agreed upon
in our previous meeting included:
"Noncommercial boarding, raising and grazing of horses and cattle; noncommercial raising
or keeping of a maximum of three in total number of hogs, sheep, and goats; and
noncommercial plant and vegetable gardens."
Do we agree that these uses are acceptable in the RSF1 Zoning District?
If these or some variation of the above uses or similar uses are acceptable, we
suggest that these uses be specifically listed as accessory uses in the RSF1 Zoning
District.
tivrvIng Florith loi.al i.■ n i•rn u/t•n' 1 4.tis
2. The second question is — What limitations and restrictions should be put on limited
agricultural uses in the RSF1 District?
a. The minimum lot size in the RSF1 District is 10,000 square feet. This is an urban
subdivision density and lots of the minimum size are not normally considered
suitable for other than the most minimal agricultural activities such as personal plant
and vegetable gardens and a small number (three, perhaps four at most) of egg pro-
ducing hens (no roosters). We do not believe that livestock should be allowed
on such small Tots.
b. In most rural communities or semi -rural areas we are aware of, the minimum
acreage needed for the keeping of any form of livestock is one acre, and usually it's
two to two- and -one half acres, with five acres not an uncommon minimum.
We suggest no Tess than a one acre minimum for the first horse, and one acre
for each additional horse. For other forms of livestock, we suggest a minimum
parcel size of two- and -one half acres with at least one acre for each animal.
To give an indication of how many parcels would qualify, we offer the following table
of parcel sizes in the RSF1 District as taken from the Property Appraiser's database.
This table does not include properties currently zoned "H ", the owner's of which may
choose to be rezoned to RSF1.
tiercntg
Lot Size (sf)
Number
Percent
Less than 10,000
267
18.0
10,000 — 12,499
345
23.3
12,500 — 14,999
317
21.4
15,000 — 21,779
280
18.9
21,780 — 43,559
216
14.6
43,560 and more
56
3.8
Total
1,481
100.0
florid:* 1 ural rcernn,ents Sine 1088
14
c. Another provision that should be considered for any form of limited noncommercial
agricultural activity involving farm animals in the RSF1 District is the need for animal
enclosures.
(1) For example, as regards farm livestock, any household owning three or
more animals should provide pens and/or shelters with a facility for
sanitary waste disposal for the animals. [Note: Chapter 10 only requires
shelter when there are more than three animals.]
(2) There should also be a requirement for an enclosure if hens or other
permissible form of fowl are kept in the RSF1 District. When animal or
fowl enclosures are required, they should involve enclosure by a six -foot
high opaque chain Zink fence with slats or a wood privacy fence. The
enclosure should be in the rear of the lot with setbacks of at least 15 feet
from the rear and side property lines.
If you should have any other conditions or thoughts with regard to the proposals discussed in
this memorandum, please be ready to bring them up at the meeting. I fully expect that
members of the Board will have varying ideas and these should be fully discussed so that we
can create a set of regulations that are specifically suited to Okeechobee. In the meantime,
should you have any questions or wish to bring up ideas before we get together on October 17,
please feel free to call me.
I look forward to our meeting.
Serving Florida l oral t•i•rrnnrn[.c 19tis
15