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0397 (Junk Yards)ORDINANCE NO. #397 AN ORDINANCE DEFINING "AUTOMOTIVE WRECKING," "AUTOMOTIVE WRECKING YARD," AND "JUNK YARD "; PROVIDING FOR THE PRO- HIBITION OF FUTURE ESTABLISHMENT OF SUCH ACTIVITIES WITH- IN THE LIMITS OF THE CITY OF OKEECHOBEE; REGULATING ANY AUTOMOTIVE WRECKING OR AUTOMOTIVE WRECKING YARD OR JUNK YARD IN OPERATION AT THE EFFECTIVE DATE OF THIS ORDINANCE AND DECLARING SUCH FACILITIES TO BE NON- CONFORMING; RE- PEALING OTHER CITY ORDINANCES IN CONFLICT HEREWITH; PRO- VIDING A PENALTY FOR VIOLATION; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE PEOPLE OF THE CITY OF OKEECHOBEE, FLORIDA: SECTION 1. INTENT. It is the intent of this Ordinance that automotive wrecking yards and junk yards, as herein defined, shall not, upon the effective date of this Ordinance, be established within the corporate limits of the City of Okeechobee, Florida. The City Council finds that such facilities are not compatible or in character with the future growth and development of the City, contribute to the lowering of property values in the vicinity of such facilities, and are hazards to health and safety of citizens. The Council recognizes the legitimate and necessary character of such activities but finds that there are no lands within the City suitable for the establishment of such operations in the future. SECTION 2. DEFINITIONS. A. Automotive Wrecking or Automotive Wrecking Yard is the dismantling or dissassembling of used motor vehicles or trailers, or the storage of dismantled or dissassembled motor vehicles and or parts there from, or dumping of dismantled, partially dismantled, obsolete, or wrecked vehicles or their parts; provided this definition shall not be deemed to include repair garages or repair facilities for automotive vehicles or trailers or the sale of used automotive parts when said parts are stored, displayed, and sold wholly inside a structure, suitable licensed as a Retail Enterprise. B. A Junk Yard is a place, structure, or lot where junk, waste, discarded, salvaged, or similar materials such as old metals, glass, paper, rags, cloth, bagging, cordage, barrels, con- tainers, wrecked automobiles, etc., are brought, bought, sold, exchanged, baled, packed, disassembled, stored for indefinate times, or handled, including used metals and the sale, or handling of salvaged house wrecking or structural steel materials. This definition shall not in- clude pawnshops and establishments for the sale, purchase, or storage of secondhand cars, clothing, salvaged household goods and appliances, all of which shall be usable, nor shall it apply to the processing of used, discarded, or salvaged materials incident to manufacturing activity on the same site where such processing occurs. This definition shall not include storage of abandoned or wrecked automobiles which are stored as an incident of a towing service so long as said automobiles are not stored longer than the time necessary for repairing or collecting the towing and storage charges therefore. SECTION 3. FUTURE ESTABLISHMENT PROHIBITED. No automotive wrecking or automotive wrecking yard or junk yard, as herein defined, shall be established within the corporate limits of the City of Okeechobee after the effective date of this Ordinance. SECTION 4. EXISTING AUTOMOTIVE WRECKING YARDS OR JUNK YARDS. Within the City of Okeechobee as of the effective date of this Ordinance there exist automotive wrecking yards and junk yards as herein defined. Such facilities are declared to be non - conforming in the zoning districts in which they are located. It is the intent of this Ordinance to permit these facilities to continue operations, but not to encourage their con- tinuation, so long as the following regulations are met: A. No such non - conforming use shall be enlarged, intensified, increased, or extended to occupy a greater area of land than was occupied the effective date of the adoption of this Ordinance; nor shall any existing structure used in connection with such use be enlarged, extended, constructed, reconstructed, moved, or structurally altered. B. There may be a change in tenancy, ownership, or management of such use, provided there is no change in the nature or character of such use. C. If such use ceases for any reason (except when governmental action impedes access to the premises) for a period of more than six (6) consecutive months, or for eighteen (18) months during any three (3) year period, such non - conforming use shall cease and the use thereafter shall conform to the zoning Ordinance. Should any structure used in connection with such use be removed or destroyed, such removal, or destruction shall eliminate the non - conforming status of such use. "Destruction" of the structure for purposes of this subsection is hereby defined as damage to an extent of more than seventy -five (75) percent of replacement cost at time of destruction. SECTION 5. REPEALER. All City Ordinances in conflict with the provision of this Ordinance, or inconsistent with the provisions of this Ordinance, are hereby repealed to the extent necessary to give this Ordinance full force and effect. SECTION 6. SEPARABILITY CLAUSE. Should any section or provision of this Ordinance be declared by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the val- idity of this Ordinance as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid. SECTION 7. PENALTIES FOR VIOLATION. Any person, firm or corporation, violating any of the provisions of this Ordinance, upon conviction thereof shall be punished by a fine not exceeding Five Hundred Dollars ($500.00) or imprisonment for a term not exceeding sixty (60) days, or by both such fine and imprisonment. Each day upon which the violation shall occur or continue shall constitute a separate offense. This Ordinance shall take effect immediately upon passage by the City Council of the City of Okeechobee, Florida. PASSED AND ADOPTED this /-C %' day of �_� , 1977, at a Regular Meeting of the City Council. ATTEST: (24 SANDRA BENNETT CITY CLERK CITY OF OKEECHOBEE APPROVED BY ME THIS i0 Y I r'' t kon RUSSELL V. DOMER PRESIDENT CITY COUNCIL CITY OF OKEECHOBEE DAY OF (1(() AUDLEY DUNHAM MAYOR CITY OF OKEECHOBEE 1977. NOTICE OF PROPOSED ORDINANCE Notice is hereby given that the Ordinance described below by title only will be placed on third and final rea- ding at the Meeting of the City Council of the City of Okeechobee, Florida, to be held on June 14, 1977, at 7:00 P.M,, at the City Hall or as soon thereafter as such Ordinance may be read and considered for passage: AN ORDINANCE DEFINING "AUTOMOTIVE WRECKING," "AUTOMOTIVE WRECKING YARD," AND "JUNK YEAR "; PROVIDING FOR THE PROHIBITION OF FUTURE ES- TABLISHMENT OF SUCH ACTIVITIES WITHIN THE LIMITS OF THE CITY OF OKEECHOBEE; REGULATING ANY AUTOMOTIVE WRECKING OR AUTOMOTIVE WRECKING YARD OR JUNK YARD IN OPERATION AT THE EFFECTIVE DATE OF THIS ORDINANCE AND DECLARING SUCH FAC- ILITIES TO BE NON- CONFORMING; REPEALING OTHER CITY ORDINANCES IN CONFLICT HEREWITH; PROVIDING A PENALTY FOR VIOLATION; AND PROVIDING AN EF- FECTIVE DATE. Said Ordinance may be inspected in the office of the City Clerk at the City Hall, City of Okeechobee, Florida. Interested parties may appear at said meeting and be heard with respect to the enactment of said Ordinance. BY ORDER OF THE CITY COUNCIL. 2 eet it . r�✓ru' `f SANDRA BENNETT CITY CLERK CITY OF OKEECHOBEE, FLORIDA PUBLISH IN THE OKEECHOBEE NEWS: June 2nd and 9th, 1977. w FISHERMAN'S PARADISE * BEEF AND DAIRY CAPITAL OF FLORIDA The Okeechobee News A Division el Sunshine Newspepers, Inc. P. 0. Bo. 638 0A.e4hebee, Fleride 33472 Published Weekly Okeechobee, Okeechobee County, Florida STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared J. David Fleming who on oath says he is Publisher of the Okeechobee News, a weekly newspaper published at Okeechobee, in Okeechobee County, Florida; that the attached copy of advertisement, being a Notice of Proposed Ordinance in the matter of 3rd reading on ordinance de- fining automotive wrecking, automotive wrecking yard, & Junk Year. in the City of Okeechobee, City Clerks Office Court of Okeechobee County, Florida, was published in said newspaper in the issues of June 2, 9, 1977 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 he 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. Sworn to ar�d subscribed before me this 9th day of June A D 19 77 a. � f 7f it L )1 Notary Public, State oIPirldridtlilulfLAV OF FLORIDA AT LARGE MY COMMISSIoN EXPIRES MAR. 26, 1918 My Commission expIONDED THRU GENERAL INSURANCE UNDERWRITERS vaR c N UCH', Fi ON+ ;!3 ARE PEAu OR0IdA HEREWI PEN.' AND °: pR FECTIVE Said i anlefi the office of 1' Hall, Ci t; of Interested meet the, BY OR{R, e._ City Ida Publish: June 2, 914t9f The Okeechobee News.