0271 (Zoning). °
DD 7 A v
DR i :'i} -'CaC , ) 3i ' ZOY �.
C O N T N T
Ri. V 1 }t r. i1;1)
E C'T 10N e a ;
1 Purpose and Authority 1
2 Definitions 1
t :b1ishint 0i._tricts: Providing for Official or.i. _:.
J 3
4
Rules for Interpretation of Di trict Boundaries 4
Applic Lion of District Regulations
6 Non -C nfor Ding Uses a structures 6
7 Providing for schedule ofistrict Regulations 9
8ur?plementar. y }eti?l-ztions 9
9 Administr tion _Anc nforceme_nt: 03uildink ° Ferrnits; 10
Certificites of Occupancy
10 3oard of Adjustment 1L
11 Powers and Duties of Board of Adjustment 1!
12 Appeals from Board of Adjustment 19
13 Duties of Board. of Zoning Administration, Board of 19
Adjustment, City Commission, and Courts, on Latters
of Appeal
14 -'ees, Charges ind Expenses 20
15 'amendments 20
16 Public Notice 21
17 Interpretation and Validity 21
13 Compl,in,s Regarding Violations 22
19 Penalties 22
20 'effective Date 23
ORDINANCE NO. 271
AN ORDINANCE ESTABLISHING ZONING REGULATIONS FOR THE CITY OF
OKEECHOB:EE, FLORIDA, AND PROVIDING FOR THE ADTZINISTRATION, EN-
FORCEMENT AND IMENDT%ART n?-T 'PV)', RLR` Tt_NT TO TIE PROVISIONS 01,
CH:'iPTER 176, ' LORIDA STATUTES, 1953
BE IT ORDAINZD BY TH CITY COUNCIL OF THE CITY OF OKEECHOBEE,
FLOP ID A :
Section 1. Purpose and Authority
This ordinance is adopted in accordance with Chapter 176,
Florida Statutes, 1953, for the purpose of promoting the health,
safety, morals or general welfare of the City of Okeechobee.
Section 2. Definitions
For the purposes of this ordinance, certain terms or words
used herein shall be interpreted as follows:
The word "person" includes a corporation or firm as well as
an individual; the singular number includes the plural and the pre-
sent tense the future tense; the word "lot" includes the words
"plot or parcel;" the term "shall" is always mandatory; and the
words "used" or "occupied" as applied to any land or structure
shall be constructed to include the words "intended, arranged, or
designed to be used or occupied."
ACCESSORY USE OR STRUCTURE: A use or structure customarily in-
cidental and subordinate to, an6 located on the same lot with,
the principal use or structure.
APARTMENT HOUSE: A building used to house three or more families
livin =T and cooKing in individual quaters, but having common ser-
vices furnished by the management and entrance common to two or
more units.
BMRDING HOUSE: A building other than a hotel where lodging and
meals for five or more persons are furnished for compensation.
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DWELLING, SINGLE - FAMILY:A detached residence designed for or
occupied by one family only. 7'0- FAMILY: A residence designed
for or occupied exclusively by two families, with separate cook-
ing and housekeeping facilities for each. MULTIPLE- F1IMILY: A
residence designed for or occupied by three or more families, with
separate cooking and housekeeping facilities for each, with indi-
vidual entrances to units, and without common service facilities
furnished by the management.
FAMILY: One or more persons occupying a single housekeeping unit.
LOT WIDTH: Required minimum width of lot shall be measured at the
rear line of the required front yard, but at no portion of the
lot shall the width be less than 80% of the required minimum.
OFF - STREET PARKING SPACE: One off- street parking space shall com-
prise not less than 180 square feet with necessary maneuvering
space. Space for maneuvering incidental to actual parking shall
not encroach upon any public way. Every off- street parking space
shall be accessible from a public way.
YARD: An open space on the same lot with a building, unoccupied
and unobstructed from the ground upward except for vegtation,
drives, walkways and the like, except as otherwise provided in
this ordinance. E'RONT: A yard across the full width of the lot,
principal
extending from the foremost part of tne' building to the nearest
point on the front line .)f the lot. SIDE: A yard extending from
the front yard to the rear yard, and from the portion of the
principal building nearest to the adjacent side lot line to said
side lot line. REAR: A yard, which may be occupied with accessory
buildings and uses except as otherwise provided in this ordinance,
extending the full width of the lot and from the rearmost point
of the main building to the nearest point on the rear line of the
lot. FENCES, WALLS, \TD d DGES may be permitted in any yard, or
along the edge of any yard, provided however that no fence, wall
or hedge along the sides or front edge of any front yard shall
be over three feet in height.
STRUCTURE: Includes all permanent or temporary, fixed or movable
construction comprising buildings, house trailers, fences, walls,
stands, and signs and billboards erected independently or affixed
to exterior walls, provided however that utility lines and poles
shall not be considered structures 'or the purposes of this ordi-
nance.
Section Establishing Districts: Providing for Official Zoning
Map
The City of Okeechobee is hereby divided into zones or dis-
tricts as shown on the Official Zoning Map which, together with
all explanatory matter thereon, is declared to be part of this
ordinance. The Official Zoning Map, dated , shall be
filed in the office of the City Clerk, where it shall be available
to the public during regular office hours. The Official Zoning
Map shall he futher identified by the signature of the Mayor, at-
tested by the City Clerk, sealed with the seal of the City of Ok-
eechobee, under the words "This is to certify that this is the Of-
ficial :toning Map referred to in Section 3 of Ordinance No.
of the City of Okeechobee, Florida."
If, in accordance with the provisions of this ordiannce and
Chapter 176, Florida Statutes, 1953, changes shall be made in the
district boundaries shown on the Official Zoning Map, or any other
matter portrayed thereon, said changes shall not become effective
until entered on the Official Zoning Map, together with an entry
as follows: "On (date) , by official action of the City Com-
mission of the City of Okeechobee, the following changes were made
in this Official Zoning Map, through Procedures established in
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Ordinance No. (brief description of nature of changes) ."
This entry shall be signed by the Mayor and attested by the City
Clerk.
No changes sha11 be made in the Official Zoning Map or in
any matter shown thereon in any manner, or by any person, except
pursuant to the procedures set forth in this ordinance and Chapter
176, Florida Statutes, 1953. Any unauthorized change shall be con-
sidered to be a violation of this ordinance, punishable by the
penalties set forth herein.
Regardless of the existence of purported copies of the Official
Zoning Map which may from time to time be made or published,
the Official Zoning Zap in the office of the City Clerk shall be
the final authority as to the current zoning status of lands
and structure in the City of Okeechobee.
Section 4. Rules for Interpretation of District Boundaries
Where uncertainty exists with respect to the boundaries of
districts as shown on the Official Zoning Map, the following rules
shall apply:
1. Where district boundaries are indicated as approximately
following the center lines of streets, highways or alleys, such
center lines shall be construed to be such boundaries.
2. Where district boundaries are indicated as approximately
following lot lines, such lot lines shall be construed to be such
boundaries.
3. Where district boundaries are indicated as approximately
following city limits, such city limits shall be construed to be
such boundaries.
4. Where district boundaries are indicated as following rail-
road lines, such boundaries shall be construed to be midway
between the main tracks.
5. Where district boundaries are indicated as approxi-
mately following the center lines of watercourses, said center
lines shall be construed to be such boundaries.
6. Where district boundaries are indicated as being parallel
to or extensions of any of the above, they shall be so construed,
and if distances involved are not indicated, they shall be deter-
mined by the scale of the map.
7. Where the street or property layout existing on the ground
is at variance with that shown on the map, the Board of Adjustment
shall interpret the district boundaries.
Section 5. Application of District Regulations
Except as hereinafter provided:
1. No structure or land shall hereafter be used or occupied,
and no structure or part thereof shall hereafter be erected, con-
structed, reconstructed, moved or structurally altered unless in
conformity with the regulations herein specified for the district
in which it is located.
2. No structure shall hereafter be erected or altered:
a) to accommodate or house a greater number of f-a,milies;
b) to occupy a greater precentage of lot area;
c) to have narrower or smaller rear yards, front yards,
side yards or other open spaces than herein required;
d) or in any other manner contrary to the provisions of
this ordinance.
3. No part of a yard, off- street parking area, or other space
required about or in connection with any structure for the purpose
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of complying with the requirments of this ordinance shall be
included as a part of a yard, off- street parking space or area,
or other space similarly required for any other structure.
4. No lot, plot or parcel shall be subdivided or sp.? i ;
in any manner which produced lots of lesser widths or area
than recuired for the district in which located, except as pro-
vided in Section 5.5.
5. No lot of record in separate ownership which has at
the time of passage of this ordinance lesser width and /or area
than required for the district in which located shall be in
any manner futher reduced in the dimension in which deficient,
provided however that if such lot is vacant it may be divided
and the ownership of all of its parts transferred to owners of
adjacent lots for addition to said adjacent lots, and futher
provided that no transfer of part of any such lot may be made
unless all parts are added to adjacent lots, and that if such
transfer occurs the portions of the lot do not have non - conforming
status as described in Section 6.2.
Section 6. Non- Conforming Uses and Structures
1. Continuation of Non - Conforming Uses and Structures
Any lawful use of land or structures existing at the time
of passage of this ordinance, or at the time of any change by amen-
dment thereafter, may be continued subject to the limitations set
forth below, and no change of title or possession, or right to
title or possession, of property involved shall be construed to
prevent the continuation of such use.
2. Use of Non - Conforming Lots of Record
Notwithstanding the limitations imposed by any other
provisions of this ordinance, any single lot of record at the
time of passage of this ordinance which contains an area or
width less than that required for the erection of a one- family
residence in the district in which located, and which is in
separate ownership at the time of passage of this ordinance,
may be used for the erection of a single- family residence and
customary accessory building, provided that yard dimensions
and other requirements shall conform to the regulations for
the district in which the lot is located.
A single vacant lot, nonconforming as to area or width
and of record at the time of passaye of this ordinance, shall
be construed as falling within the meaning of the provisions
of the preceding paragraph even though an adjoining lot con-
taining a principal building may be in the same ownership.
If two or more adjoining and vacant lots of record at
the time of passage of this ordinance are in single ownership,
and such platted lots individually are too small to meet the
width <)n area requirements of the district in which they are
located, such groups of lots shall be considered as a single
plot or several plots of minimum size, and the plot or plots
in one ownership shall be subject to the requirements of this
Ordinance is to lot area and width.
3. Changes in Non - Conforming Use
No non- conforming use may be changed to any other
non - conforming use unles=s the Board of Adjustment shall find
that the proposed non - conforming use is no more detrimental
to the district in which located than the existing non - conforming
use, and appropriate conditions and safeguards may be required
in connection with such change.
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Extensions Prohibted
No building or land containing a non - conforming use shall be
hereafter extended unless such extension shall conform to the pro-
visions of this ordinance for the district in which such building
or land is located; provided, however, that a non - conforming use
may be extended throughout those parts of a building which were
manifestly arranged or designed for such use prior to the advent
of the non - conforming use statue; and within 6 months of the
passage of this ordinance futher provided that in the event the
owner of an existing non - conforming use shall file with the City
Clerk a notice of intent to extend such non - conforming use; such
use may be extended at any time within ten years after the passage
of this ordinance, but not thereafter, subject to the requirements
concerning front, side and rear yards as required elsewhere in the
district.
5. Reconstruction after Damage
Any non - conforming structure which has been damaged by fire,
explosion, act of God or the public enemy, or other casualty, and
not through any deleberate act or negligence on the part of the
owner or occupant thereof, to the extent of not ;rore than 100 of
its reproduction cost may be reconstructed and used as before, if it
be so reconstructed 2nd used within two years of the occurrence of
such damage.
6. Resumption after :iscontinuance Prohibited
No structure or land in or on which a non- conforming use is
discontinued or abandoned and /or superseded by a permitted use for
six consecutive months, or a total of 2L months or more in any three -
year period subsequent to the enactment of this ordinance, shall
again be devoted to any non- conforming use.
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7. Necessary Repairs Permitted
Nothing in this ordinance shall prevent the strengthening
or restoration to a safe, sanitary, or lawful condition of any
part of any building declared unsafe by any duly authorized
official.
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Section 7. District Re,ulations
District regulations shall be as indicated in the
Schedule of District Regulations, which is hereby declared
to be a part of this ordinance, and in Section 8 of this
ordinance, entitled "Supplementary Regulations."
Section 8. Supplementary Regulations
1. Corner Lots in Residential Districts
Where corner lots in residential districts are plated in
such e manner as to change the normal yard pattern along either
of the intersecting streets, the required front yard shall be
provided across the end of the lot fronting on the street, and
a yard. equivalent to at least half of the front yard requirements,
but in no case measuring less than 15 feet from the street line,
shall be provided along the full length of the lot on the side
toward the intersecting street. No portion of any main or ac-
cessory building shall encroach upon this yard.
2. Visibility at Intersections in Certain Districts
On a corner lot in any residential district, nothing shall
be erected, placed, planted or allowed to grow in such a manner
as to materially impede vision between a height of two and a half
and ten feet above the centerline grade of the intersecting streets
in the area bounded by the street lines of such corner lots and a
line joining points along said street lines JO feet from the point
of intersection.
Garages for S:lles, Storage, Repairs and Service; Sales
Lots for New or Used Motor Vehicles; Parking Lots; Service Stations;
and Similar Structures and Uses
the following limitations shall apply to structure and uses
involving the servicing, storae, repair or sales of motor vehicles:
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a) No public street, parking, sidewalk or way shall be used
for the storage or parking of motor vehicles in connection
with the activities of such establishments, execpt for nor-
mal parking by individual private owners or operations of
such vehicles.
b) No operation in connection with such establishments shall
be conducted in a manner which impeded free flow of vehicu-
lar or pedestrian traffic in normal courses on public ways.
c) All motor vehicles being handled, stored or repaired by
such establishments shall be maintained in such conditions
that they may be moved under their own power at any time,
except such vehicles as may be under repair in Larages or
other buildings as provided in item d, below.
d) No repair of motor vehicles or parts thereof shall be made
except within garages, service stations, body shops, or
other enclosed. buildings provided for such purposes, and no
storage of parts of motor vehicles shall be other than in an
enclosed building.
Section 9. Administration and Enforcement; Building Permits;
Certific'tes of Occupancy
1. Board of Zoning Administration; Building Official
Until such time as the City of Okeechobee shall appoint a building
official, administration and enforcement of his ordinance shall be
the responsibility of the Board of Zoning ,drninistration. If a
building official is hereafter regularly appointed, the duties of
the 3oard of Zoning Administration shall be transferred to said
building official, .nc' said '3oard shall be terminated.
The Board of ;;oning Administration shall consist of three members
properly qualified to read maps and blueprints and to inspect con-
struction. The 3oard shall be appointed in accordance wita such
terms as the City Commission may establish, and shall serve for
periods of three years, provided that in the appointment of the
first Board, one member shall be selected to serve for one year,
one for two and one for three. ternbers may be re oved from office
for cause upon written charges nd after public hearing if requested.
Vacancies occurring by resignation or for other causes shall be
filled by the City Commission for the unexpired period of office
of the member affected.
The Board of Zoning Administration shall administer and en-
force this ordinance. Its duties shall include receiving applica-
tions, inspection premises, and issuing building permits and cer-
tificates of occupancy.
If the Board of toning 'Idministration shall find that any
of the provisions of this ordinance are being violat.d, notif-
cation in writing shall be delivered to the person resposible
for such violation indicating its nature and ordeeing the action
necessary to correct it. The Board of Zoning Administration may
order discontinuance of all or p ,rt of the use of lands and buil-
dings to the extent that such use is in violation of the terms of
this ordinance; removal of buildings, alterations, or other struc-
tures or structural ch nges; discontinuance of any work being done;
or shrill take such other action as is necessary to insure compliance
with this ordinance.
Any action of the Board of Zoning Adjustment shall have effect
which has the concurrence of two of its members.
2. Building Permit Reouired
No building or other structure shall be erected, moved, added
to, or structurally altered without a pernit therefor, issued by the
City Council. All applications for building permits shall be in
accordance with the requirements of this Ordinance.
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Unless upon written order of the Board of Adjustment, no
building permit shall be issued except in complete conformity with
the provisions of this ordinance.
3. Application for -handing Permit
All applications for building permits shall be accompanied .
by plans in duplicate, drawn to scale, showing the actual dimen-
sions nd shape of the lot to be built upon; the exact sizes and
locutions on the lot of buildings already existing, if any; the
locations and dimensions of the proposed building, addition or
alteration; existing or proposed uses of the building and land;
to the number of families, housekeeping units or rental units the
building is intended to accommodate, and such other matters as
may be necessary to determine conformance with, and provide for
the enforcement of, this ordinance.
One copy of such plans, if approved, shall he so marked by
the Board of Zoning drriinistration and returned to the applicant,
amd one copy shall be retained by the Board.
!�. Certificate of Occupancy
No building or structure hereafter erected, structurally altered,
moved or extended shall be used or occupied, and no land or structure
(excepting agricultural lands) shall be changed in use until a
certificate of occupancy shall have been issued by the Board of
oning Administration, stating that the proposed use of the struc-
ture or land conforms to the requirements of this ordinance.
No non - conforming use shall be maintained, renewed, changed
or extended until a certificate of occupancy shall have been is-
sued by the hoard of Zoning Administration stating specifically
the matters wherein the non- conforming use difiers from the pro-
visions of this ordinance.
Certificates of occupancy for conforming uses shall be ap-
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plied for at the same time as the building permit application, and
on the same form. Such certificates shall be issued within three
days after work has been completed in conformity with the provisions
of this ordinance, and upon written request to the Board of .Zoning
Administration.
Application for certificates of occupancy for non - conforming
uses shall be m< -ode to the Board of Zoning Administration within
three months after adoption of this ordinance or any amendment
under which non- conforming status is created for existing uses. Af-
ter said three -month period, failure to have made such application
shall be presumptive evidence that the property was not in non- confor-
ming use at the time of adoption of or amendment to this ordinance.
A temporary certificate of occupancy may be issued by the Board
of toning Administration for a period not exceeding six months during
alterations or partial occupancy of a structure pending its completion
provided that such temporary certificate may require such conditions
and safeguards as vill protect the safety of the occupants and the
public.
No permit for erection, alteration, moving or repair of any
building shall be issued until an application has been made for a
certificate of occupancy.
The Board of Zoning Administration shall maintain records of
all certificates of occupancy, and copies shall be furnished upon
request to any person having and interest as proprietor or tenant
in the premises affected.
S. Expiration of Building Permit; Special Building Permit
If the work described in any building permit has not been be-
gun within 90 days from the date of issuance thereof, said permit
shall expire <jnd be cancelled by the Board of Zoning Administration,
and notice thereof shall be given in writing to the persons affected,
together with notice that work as proposed under the permit may
not proceed unless and until a new permit has been issued.
If the work described in any building permit has been sub-
stantially completed within one year of the date of issuance there-
of, said permit shall expire and be cancelled by the Board of Zoning
Administration, and notice thereof shall be given in writing to the
persons affected, together with notice that futher work as described
in the cancelled permit shall not proceed unless and until a special
building permit has been obtained.
At the discretion of the } 3oard of Zoning Administration, such
special permit may be based on the original application or may re-
quire a new application. The special permit may include limitations
on time allowed for substantial completion of the work, and provisions
for a performance bond to insure such completion within the time limit
set.
In the discharge of its duties, the Board of 7,oning Administra-
tion is empowered to enter upon and inspect any premises, and to a-
dopt such regulations as to its procedures as it may deem necessary,
subject to the approval of the City Commission.
Section 10. Bo rd of Adjustment
A "Board of - "djustment is hereby established, which snail con-
sist of five members appointed by the City Commission, each for a
term of three years. Members of the Board of =adjustment may be re-
moved from ofLice by the City Commission for cause upon written
charges and after public hearing if requested. Vacancies occurring
in the membership of the Board of Adjustment shall be filled by the
City Commission for the unexpired term of the member affected.
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1. Proceedings of the Board of Adjustment
The Board of Adjustment shall adopt rules necessary to the
conduct of its affairs, Ind in keeping with the provisions or this
ordinance. Meetings shall be held at the call of the chairman and
at such times as the Board may determine. the chairman, or in his
absence the acting chairmn, m:y administer oaths and compel the
attendance or witnesses. All meetings of the Board shall be open
to the Public.
The Board of Adjustment shall keep minutes of its proceedings,
showing the vote of each member upon each question, or if absent or
failing to vote, indicting such f ct, and shall keep records of
its examinations and other official actions, all of which shall be
immediately riled in the office of the Board, and shall be a public
record.
2. Appeals; Hearing; Notice
Appeals to the Board of Adjustment may be taken by any person
aggrieved or by any official or bureau of the poverning body of the
City of Okeechobee affected by any decision of the Board of Zoning
Administration. Such appeal shall be taken within a reasonable time
by filing with the Board of Zoning Administration and with the Board
of Adjustment a notice of appeal specifying the grounds thereof. The
Board of Zoning Administration shall forthwith transmit to the Board.
of Adjustment all papers constituting the record upon which the ac-
tion appealed from was taken.
The Board of djustment shall fix a reasonable time for the
hearing of the - :appeal, give public notice thereof as well as due
notice to the parties in interest, and decide the same within a
reasonable time. At the hearing, any party may appear in person or
by agent or by attorney.
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3. Stay of Proceedings
A.n appeal stiys all proceedings in futherance of the action ap-
pe,led from, unless the Board of ;Zoning AdministratI an (or officer)
from whom the appeal is taken certifies to the jo 1_t d f" Ld justment
after the n-ctice of appeal has been filed that by reason of facts
stated in the certificate a stay would, in the opinion of the Board
of Zoning Administration (or officer) cause imminent peril to life
and property. In such case proceedings shall not be stayed otherwise
than by a restraining order which may be granted by the Board of
Adjustment or by court of record on application, on notice to the
Board of Zoning Administration (or officer) from whom the appeal
is taken, ::3nd on due cause shown.
Section 11. Powers and Duties of the Board of Adjustment
The Bo=ard of Adjustment shall have the following powers and
duties:
1. Administrative Review
To hear and decide appeals where it is alleged there is error
in -any order, reruirement, decisions, or determination made by the
Board of Zoning Administration (or officer) in the enforcement of
this ordinance. Such appeals shall include appeals from decisions
of the Board of Zoning 'administration to refuse permits for struc-
tures or uses on grounds that the intended structure or :e would
be dangerous or offensive because of odor, smoke, noise, glare,
fumes, gas, fire or vibration, or hazardous because of exceptional
dnger of fire or explosion. In deciding appeals on such classes of
cases the Board of Adjustment shall not reverse the decision of the
Board of Zoning Administration (or officer) unless it finds that
the proposed structure or use will be no more dangerous, hazardous,
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or offensive in its operation than permitted principal structures
or uses (other than non - conforming structures or uses) of a similar
nature in the same district.
2. Special Exceptions ,.nd Determinations
To hear and decide special exceptions to the terms of this
ordinance as specified in this ordinance, and to make decisions
concerning special questions upon which the Board. of Adjustment is
specifically authorized to pass under the terms of this ordinance.
3. Variances; Conditions Governing Applications and Procedures
To authorize upon appeal in specific cases such variance from
the terms of this ordinance as will not be contrary to the public
interest, where, owing to special conditions, a literal enforcement
of the provisions of this ordinance will result in unnecessary hard -
sh p.
The Board of Adjustment may not issue a variance from the terms
of this ordinance unless and until:
a) An application for such variance has been received, stating
fully the special circumstances or conditions applying to
the land or structure for which such variance is sought,
which circumstances or conditions must be peculiar to
such land or structure and not apply generally to neigh-
boring lands or structures in the same district. The appli-
cation shall futher demonstrate that the existing circum-
stances and conditions are such that the strict application
of the provisions of this ordinance would deprive the ap-
plicant of reasonable use of said land or structure, equi-
valent to the use made of conforming lands and structures
in the same district, and that the peculiar circumstances
and conditions are not the result of the actions of the
applicant. No non- conforming use of neighboring lands of
structures shall be considered as grounds for issuance of
a variance permitting similar uses.
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b) Public notice shall be given of a public hearing, and
in addition written notice shall be given to the owner or
his agent and, in so far as practicable, to directly
affected property owners.
c) The public hearing shall be held, at which any person
may appear by agent or by attorney.
d) The Board of Adjustment shall find that special cir-
cumstances or conditions exist which are peculiar to the
land or building or other structure for which the variance
is sought and do not apply generally to neighboring lands
or structures in the same district; that strict application
of the provisions of this ordinance would deprive the ap-
plicant for variance of reasonable use of the land or
building or other structure for which the variance is sou-
ght, equivalent to the use made of neighboring conforming
hands or structures in the same district; and that the
peculiar conditions and circumstances existing are not the
result of actions of the applicant.
e) The Board of Adjustment shall find that the reasons set
forth in the application justify the granting of a var-
iance, and that the granted, or proposed to be granted,
is the minimum variance that will make possible the rea-
sonable use of the land or structures, equivalent to the
use made of neighboring lands and buildings in the same
district.
f) The Board of Adjustment shall find that the granting of the
variance will be in harmony with the general purpose and
intent of this ordinance, and will not be injurious to the
neighborhood or otherwise detrimantal to the public welfare
Under no circumstances shall the Board of Adjustment issue a
variance permitting a use not generally or provisionally permitted
in the district incloved, or any use expressly or impliedly prohibited
by this ordinance in said district.
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In granting any variance, the Board of Adjustment may prescribe
any conditions and safeguards it deems necessary or desirable, and
violation of such conditions or safeguards, when made a part of the
terms under which the variance is granted, shall be deemed violation
of this ordinance.
!�. Decisions of the Board of Adjustment
In exercising the above mentioned powers, the Board of Adjust-
ment may, in conformity with the provisions of this ordinance, re-
verse or affirm, wholly or partly, or may modify the order, require-
ment, decision or determination appealed from and may make such or-
der, reouirements, decision or determination as ought to be made, and
to that end shall have all the powers of the Board of 7,oning Admini-
stration (or officer) from whom the appeal is taken.
The concurring vote of four members of the Board of Adjustment
shall be necessary to reverse any order, requirement, decision or
determination of the Board of Zoning Administration (or officer) or
to decide in favor of the applicant on any matter upon which it is
required to pass under this ordinance, or to effect any variation
in the application of this ordinance.
Section 12. Appeals from Board of Adjustment
Any person, or any taxpayer, board, department or bureau of
the City of Okeechobee '.aggrieved by any decision of the Board of
Adjustment may appeal from such decision to a court of record in
the manner prescribed by the laws of the State of Florida, and par-
ticularly by Chapter 176, Florida Statutes, 1953.
Section 13. Duties of Board of Zoning Administration, board of
Adjustment, City Commission and Courts on Matters of Appeal
It is the intent of this ordinance that all questions arising
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in connection with the enforcement or interpretation of this ordinance
(except as otherwise expressly provided in this ordinance) shall be
first presented to the Board of Zoning Administration (or officer) and
that such questions shall be presented to the Board of Adjustment only
on appeal from the Board of coning Administration (or officer) and that
from the decisions of the Board of Adjustment, recourse shall be to the
courts, as provided by lair.
It is futher the intent of this ordinance that the duties of the
City Commission in connection with this ordinance shall not include
hearing and passing on disputed questions which may arise concerning
its enforcement or interpretation, but that the procedure i'or deter-
mining such questions shall be as hereinbefore stated in this section,
and the duties of the City Commission in connection herewith shall be
only in the matter of consi_derinc an passing upon any proposed amend-
ment or appeal of this ordinance as rovided by law.
Section 14. Fees, Charges and Expenses
Schedules oi fees, charges and expenses, and costs and regulations
on the collection thereof shall be established by the City Commission and
posted in the office of the City Clerk. Such schedules and regulations
may be amended or repealed by the City Commission.
No permit, certificate, exception or variance shall be issued
unless or until such costs, charges, fees or expenses as may be estab-
lished shall have been paid in full, nor shall any action be taken on
proceedings before the Board of Adjustment unless or until preliminary
charges and fees shall have been paid in full.
Section 1'. Amendments
The regulations, restrictions and boundaries set forth in this
ordinance may be from time to time amended, supplemented, changed or
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repealed, provided, however, that no such action may be taken until
after ra public hearing in relation thereto, at which arties in in-
terest and citizens shall have anopportunity to be heard. At least
fifteen days' notice of the time and place of such hearing shall be
published in a newspaper o' eneral circulation in the City of 0 <kee-
chobee.
In case, however, of a protest against such change signed by
the owners of twenty percent or more either of the area of the lots
included in sucz proposed change, or of those immediately adjacent
in the rear thereof extending 500 feet therefrom, or of those direct-
ly opposite thereto extending 500 feet from the street frontage of
such opposite lots, such amendments shall not become effective ex-
cept by the favorable vote of three fourths of the governing body
of the City of Okeechobee.
Section 16. Public Notice
Fifteen days' notice of the time and place of public hearings
relating to amendments, supplements, or changes in this ordinance,
and ten days' notice of the time and place of hearings in connection
with appeals procedure before the Board of Adjustment shall be pub-
lished in a newspaper or general circulation in the City of Okeechob-
ee as a public notice. In addition to the published notice required
above, when premises are involved in any hearing under the provisions
of this ordinance, notice shall be posted conspicuously on said premi-
ses, ::"or the period of time between publication of public notice and
the hearing.
Section 17. Interpretation and Validity
in their int rpret: ti on and application, the provisions of this
ordin° =nce shall be held to be minimum requirements, adopted for the
promotion of the public health, safety, morals or general welfare.
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Whenever the renuirements of this ordinance are at variance with the
recuirements of < ny other lawfully adopted rules, regulations or ordi-
-Inces, restrictions or covenants, the most restrictive, or that im-
posing the higher standards, shall govern.
Should any section or provision of this ordinance be declared
by the courts to be unconstitutional or invalid, such decision shall
not affect the validity of the ordinance as a whole, or any part
thereof other th n the part so declared to be unconstitutional.
Section 12. Complaints Regarding \Tiolations
-•`henever a viol tion of this ord i n once occurs, or is alleged to
h,.ve occurred, any person may file a complaint in regard thereto,
which complaint shell be filed with the City Clerk for transmission
to the Board of Zoning Administr ,tion, or in the event of appointment
of a building official superseding the Board of Zoning Administration,
such complaints s all be filed. with the buildin<< ofL ici, 1. i'he ' ioard
of ?c,ning Administr tion (or officer) shall properly record such com-
plaint nd immedi -: tely invested -ate and take action thereon as the
circurrmtnces warrint.
Section 19. Penalties
Any person who shall violate any of the provisions o this
ordinance or fail to comply with ,any of its req ,irements, or who s',aall
build or alter any building contrary to intent expressed and approved,
shall, upon conviction thereof,
fined not more than ',.500 or im-
prisoned for period of not to exceed thirty days, or both, and
e ;ch d']y such violation continues sh ,11 constitute a separate offense.
The owner of -ny building or premises or part thereof where any vio-
lation of this ordinance shall occur, and any architect, builder, con-
tractor, agent, person or corporation employed in connection with such
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violation who shall ba found guilty of participating therein shall
be guilty of a separate offense, and suffer the penalties herein
provided.
Section 20. Effective Date
All ordinances and parts of ordinances in conflict herewith,
be, and the sa'e are hereby repealed. Section /
. This
ordinance will take effect upon its due passage according to law.
Passed first reading at a meeting of the City Council held
on the 2 / ..- / day of/ y:'- ,- ,LC'-�'
Councilman /7 C:' 6T_Ci'`I -c i2 moved that all rules be
waived, and that said Ordinance !To. ;-IL_____, be ple,c;af3; �.t Ofl
`'• C ;;
its final passage, which was unanimously agreed Q,;: :. ' ;. 4.
Passed in regular, adjourned session, this thAw'e.•
, 1955.
Of /
, 1955.
ATTEST:
Ci2Y K
Approved by me, this the
CI 1Y OF OK..1:J;Cii0Bt&i.,FLOY
•
BY( Cx.�_
I�resident, City •Qounci
„
day of
-1 � a L_
iMAY0k CITY 0I' OKEECHOBEE, FL
Approved as to form and correctness this the / �_day of
6,, 1955.
C1'1'Y A2T'0I'• -?uY
, 1955
1DA
• 'c
y
4