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2015-01-15CITY OF OKEECHOBEE PLANNING BOARD AND BOARD OF ADJUSTMENT CITY HALL, 55 SE 3RD AVENUE, ROOM 200, OKEECHOBEE, FLORIDA 34974 SUMMARY OF BOARD ACTION FOR JANUARY 15, 2015 PAGE 1 OF 8 I. CALL TO ORDER - Chairperson. Regular Meeting, January 15, 2015, 6:00 p.m. II. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE - Secretary. Chairperson Dawn Hoover Vice Chairperson (vacant position) Board Member PhD Baughman Board Member Karyne Brass Board Member John Creasman Board Member Mac Jonassaint Board Member Doug McCoy Board Member Les McCreary Alternate Board Member Elbert Batton Alternate Board Member Bobby Keefe Board Attorney John R. Cook City Planning Consultant Bill Brisson, Senior Planner Board Secretary Patty Burnette III. ELECTION OF CHAIRPERSON AND VICE CHAIRPERSON. A. 1. Open the floor to receive nominations for a Chairperson to serve a two year term. 2. Close the floor for nominations. 3. a) Motion to appoint one of the nominees to serve as Chairperson. b) Discussion. Chairperson Hoover called the January 15, 2015, regular meeting to order at 6:01 p.m. Board Secretary Burnette called the roll: Present Position vacant Present Present Present Present Present Present Present Present Present Present Present The floor was opened to receive nominations for Chairperson. Member McCreary nominated Dawn Hoover to continue to serve as Chairperson. No other nominations were offered. The floor was closed for nominations. Member McCreary moved to appoint nominee, Dawn Hoover to serve as Chairperson for a two year term, beginning January 15, 2015; seconded by Member McCoy. There was no discussion on this item. 1 2 III. ELECTION OF CHAIRPERSON AND VICE CHAIRPERSON CONTINUED. A. 3. c) Vote on motion to appoint a Chairperson. B. 1. Open the floor to receive nominations for a Vice Chairperson to serve a two year term. 2. Close the floor for nominations. 3. a) Motion to appoint one of the nominees to serve as Vice Chairperson. b) Discussion. c) Vote on motion to appoint a Vice Chairperson. IV. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Planning Board /Board of Adjustment and Appeals Action for the November 20, 2014, regular meeting. V. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VI. OPEN PUBLIC HEARING - Chairperson. JANUARY 15, 2015 - PLANNING BOARD - PAGE 2 OF 8 VOTE HOOVER - YEA BAUGHMAN - YEA MCCOY - YEA MCCREARY - YEA BRASS - YEA BATTON - N/A CREASMAN - YEA KEEFE - N/A JONASSAINT - YEA MOTION CARRIED. The floor was opened to receive nominations for Vice Chairperson. Member Brass nominated Doug McCoy to serve as Vice Chairperson. No other nominations were offered. The floor was closed for nominations. Member Brass moved to appoint nominee Doug McCoy to serve as Vice Chairperson for a two year term, beginning January 15, 2015; seconded by Member McCreary. There was no discussion on this item. VOTE HOOVER - YEA BAUGHMAN - YEA BRASS - YEA MCCOY - YEA MCCREARY - YEA BATTON - N/A CREASMAN - YEA JONASSAINT - YEA KEEFE - N/A MOTION CARRIED. Member Brass moved to dispense with the reading and approve the Summary of Board Action for the regular meeting of November 20, 2014; seconded by Member McCoy. There was no discussion on this item. VOTE HOOVER - YEA BAUGHMAN - YEA BRASS - YEA MCCOY - YEA MCCREARY - YEA BATTON - N/A CREASMAN - YEA KEEFE - N/A JONASSAINT - YEA MOTION CARRIED. Chairperson Hoover 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. CHAIRPERSON HOOVER OPENED THE PUBLIC HEARING AT 6:03 P.M. 3 JANUARY 15, 2015 - PLANNING BOARD - PAGE 3 OF 8 M , < F h , N.. VI. OPEN PUBLIC HEARING CONTINUED. A. Consider LDR Text Amendment Application No. 15- 001 -TA modifying existing and /or adding new definitions; amend CLT and CHV Permitted and Special Exception Uses (Sections 90 -252, 90 -253, and 90 -282); and Special Exception requirements for Pet Grooming (Exhibit 1). 1. Hear from Planning Staff. Land Development Regulation (LDR) Text Amendment Application No. 15- 001 -TA was initiated by the City to review, consider, and discuss a recommendation to the City Council to modify existing and/or adding new definitions; amend CLT and CHV Permitted and Special Exception Uses (Sections 90 -252, 90 -253, and 90 -282); and Special Exception requirements for Pet Grooming. Chairperson Hoover yielded the floor to City Planning Consultant Brisson, who offered his congratulations to the Chair and Vice Chair on their appointments, as well as welcoming the new Board Members. He reviewed the Memorandum dated January 8, 2015, by explaining over the past couple years a variety of issues have arisen, most recently interest in opening a pet grooming business and expanding an existing taxidermy business. Both of these issues required establishing definitions, recognizing the zoning districts in which they would be allowed, and, in the instance of pet grooming, establishing supplemental regulations. Also included are other changes to existing definitions or the addition of needed new definitions. Language to be deleted is identified in strikeout format and new language is underlined. For ease of reference, proposed definitions have been grouped such that related definitions are addressed at the same time in this memorandum. Adult gaming centers. While the State Legislature has passed legislation clarifying that certain types of adult gaming centers are no longer allowed by virtue of their having been declared illegal gambling establishments, and the proliferation of such establishments seems unlikely, it may be prudent to initiate provisions in the LDRs that will mitigate unwanted impacts. Adult gaming center means an establishment that provides consoles, seating or stations for an individual to participate in video gaming, internet gaming, or other forms of games of chance where the individual is charged for the use of the video console or computer game or station and prizes are awarded in any form. This definition specifically excludes games of skill and entertainment as are typically found in video and entertainment arcades catering primarily to minors. Convenience store and convenience store with gas pumps. There are no definitions for the above uses and they are needed to differentiate between the classic auto service station and a convenience store with gas pumps. Although they still exist, we seldom see new versions of what many of us grew up to know as the auto service station as it is presently defined in the LDRs. Rather, new establishments selling gasoline and diesel fuels now almost invariably take the form of motor fuel pumps (gas and diesel) associated with a convenience store. Convenience store means a retail establishment offering for sale prepackaged food products, beverages, household items, newspapers and magazines, sandwiches and other freshly prepared foods for consumption off the premises. Convenience store with fuel pumps means a convenience store providing gasoline and /or diesel fuel pumps for the fueling of automotive vehicles, and which may also stock within the principal structure and offer for sale prepackaged motor oil and other small prepackaged automotive - related accessories. VI. PUBLIC HEARING CONTINUED. A. 1. Hear from Planning Staff for Application No. 15- 001 -TA continued. JANUARY 15, 2015 - PLANNING BOARD - PAGE 4 OF 8 Indoor auction house. While outdoor auctions are regulated under Section 90 -667 of the LDRs, the City has no provision regarding an indoor auction house as an allowable use. An indoor auction house can be a very intensive use, attracting greater numbers of persons than are normally associated with a similarly sized conventional retail use. The following definition is proposed for an indoor auction house. Auction house jindoor), means place where objects of art, furniture, and other goods are offered for sale to persons who bid on the object in competition with each other. This definition does not include outdoor or open -air auctions where vehicles, farm and construction equipment and the like are auctioned. Mechanical and repair services, pet grooming, and taxidermist. City Staff has, on occasion, needed to make decisions regarding the permissibility of specific businesses for which there are no clear definitions or indications as to what use category the business belongs. In the case of mechanical and repair services, portions of the current definition are inappropriate. The following are recommendations for modifying or adding the following definitions to Section 66 -1 and, in the case of pet grooming and taxidermist, regulatory provisions are also proposed. Services, mechanical and repair means establishments including machinery servicing and repair, or service garage, motor vehicle paint and /or body shop, motor vehicle or trailer rental, veteriftariaft, : • , • ;,- 6- -6. -; . ;: ; :, and similar service uses. Pet grooming means an establishment providing for the hygienic care and cleaning of a domestic pet, usually dogs, cats, and sometimes birds, and includes the preparation or enhancement of a pet's physical appearance for "showing" or other types of competition. Pet grooming is proposed as a permitted use in Sections. 90 -252 and 90 -282 (the CLT and CHV Districts, respectively) and new supplementary regulations for pet grooming are proposed to be added as follows: Sec, 90 -704. Pet grooming. Pet grooming requirements shall be as follows:(1) Lot and structure requirements shall be as by the district in which the use is located. (2) Additional requirements shall be as by the district in which the use is located. (3) Special conditions and limitations. a. No pets shall be kept on the premises overnight. b. Pets shall at all times be kept within the principal building. Taxidermist means an establishment wherein the act of reproducing a life -like three - dimensional representation of an animal for permanent display is undertaken. In some cases, the actual skin (including the fur, feathers or scales) of the specimen is preserved and mounted over an artificial body. In other cases, the specimen is reproduced completely with man -made materials. Taxidermist establishment is proposed as a Special Exception use in Sec. 90 -253 (CLT District) and a Permitted use in Sec. 90 -292 (the CHV District). Motel and Recoverylsober home. There is one motel in town that has been used as a recovery center for persons after treatment as an alcohol or drug rehabilitation center. Apparently, it was decided that because a recovery center provides only transient accommodations without cooking facilities in individual rooms, that it qualifies as a motel according to the current definition. We believe this is not the intent of the definition of a motel and have proposed the following definitions to clarify that motels and recovery centers /sober homes are not the same. JANUARY 15, 2015 - PLANNING BOARD - PAGE 5 OF 8 VI. PUBLIC HEARING CONTINUED. A. 1. Hear from Planning Staff for Application No. 15-001-TA continued. Motel means an establishment containing sleeping accommodations for transient guests, which has individual entrances from the outside to serve each room, generally with no provisions made for cooking in individual rooms, and which may have a restaurant and indoor recreation as accessory uses. Recovery centers /sober homes are not motels. Recovery center /sober home means a facility, used by addicts recovering from substance abuse, which serves as an interim environment between rehab and a return to their former lives. These facilities provide a safe and supportive place in which people can live while they are in recovery and are primarily meant to provide housing for people who have just come out of rehab (or recovery centers) and need a place to live that is structured and supporting for those in recovery. A recovery center /sober home is not a group home because it is not licensed by a state or federal agency. Separate alcohol and drug rehabilitation centers from the general category of "Group homes." The City has, in the past, recognized alcohol and drug rehabilitation /detox centers as falling within the general category of group homes. However, this specific form of a group home has different characteristics and impacts than other group homes or rehabilitation centers. Therefore, we suggest modifying the definition of "Group home" to specifically exclude alcohol and drug rehabilitation /detox centers and to add a new definition for alcohol and drug rehabilitation /detox center, to read as follows: Group home means a building designed or used as permanent or temporary living quarters for six or more unrelated persons in which individual cooking facilities are not provided. Included in such designation, but not limited to, are such facilities as residential facilities and comprehensive transitional education programs under Florida Statute. Chapter 393; domestic violence centers under Florida Statute Chapter 415; community residential homes in excess of six persons under Florida Statute Chapter 419; and such similar facilities as authorized by law, and for which licensing is first required by law, and for which licensing is first required by the state department of children and families and /or the agency for health care administration, or other state or federal agency. This definition specifically excludes alcohol and drug rehabilitation /detox centers. Alcohol and drug rehabilitation center /detox center means a facility providing an active rehabilitation treatment program run throughout the day, where the residents receive intensive individual and group counseling for their substance abuse. Residents typically stay for one to six months. Storefront church. Ordinance 1070 adopted on January 18, 2011, allows storefront churches. Under the current definition, a storefront church is "a house of worship located in a unit in a multi -use commercial building or commercial shopping center." The intent is to provide an alternative for a very small house of worship that would not need the much greater land area required for more conventional churches. It was expected that the storefront church would occupy only one of the units in a multi -use building. In order to ensure that this intent is clear, we think it prudent to define a storefront church more specifically to read as follows: "Storefront church, means a house of worship located in a one and only one unit in a multi -use commercial building or a commercial shopping center containing at least three individual units." 5 6 VI. PUBLIC HEARING CONTINUED. A. 1. Hear from Planning Staff for Application No. 15- 001 -TA continued. 2. Hear from the City Staff. 3. Public comments or questions from those in attendance, or submitted to the Board Secretary. 4. Disclosure of Ex -Parte Communications by the Board. JANUARY 15, 2015 - PLANNING BOARD - PAGE 6 OF 8 Temporary uses and structures. As now written, the regulations are unclear as to the difference between temporary structures and temporary uses and therefore it is recommended to add the following new definitions to Section 66 -1. Structure, temporary, means a structure that is erected without any foundation or footings and is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased. Use, temporary, means an outdoor use or activity which is permitted only for a limited time such as promotional events, tent sales, charity events, craft or art fairs, car shows, or other similar uses. Temporary uses are subject to specific regulations and permitting procedures. Temporary portable storage container, means a self- contained storage unit designed to be delivered to a site by a separate vehicle where it is removed from the vehicle and left at the site. Once on the site, it is used as temporary, short -term storage shelter. It may also be loaded with material and then transported by separate vehicle. The Board Members asked various questions and requested changes to two definitions. Regarding Convenience store with fuel pumps means a convenience store providing gasoline and /or diesel fuel pumps for the fueling of automotive vehicles, and which may also stock within the principal structure and offer for sale prepackaged motor oil and other small prepackaged automotive - related accessories. They requested it be changed to Convenience store with fuel pumps means a convenience store providing motor vehicle fuels and which may also stock within the principal structure and offer for sale prepackaged motor oil and other small prepackaged automotive - related accessories. "Storefront church, means a house of worship located in a one and only one unit in a multi -use commercial building or a commercial shopping center containing at least three individual units." They requested it be changed to "Storefront church, means a very small house of worship located in a one and only one unit in a multi -use commercial building or a commercial shopping center containing at least three individual units." Chairperson Hoover asked whether there were any comments or questions from those in attendance. There were none offered. Chairperson Hoover asked Board Members to disclose for the record whether they had spoken to the applicant or anyone else regarding the application, or visited the site. There were none. VI. PUBLIC HEARING CONTINUED. A. 5. a) Consideration of a recommendation to the City Council to approve or deny application. b) Board discussion. c) Vote on motion. CLOSE PUBLIC HEARING - Chairperson. VII. NEW BUSINESS. A. Discuss proposed amendments to the City's Land Development Regulations - Chairperson 1. Discuss potential Historic Preservation Regulations with Planning Staff (Exhibit 2). JANUARY 15, 2015 - PLANNING BOARD - PAGE 7 OF 8 A motion and second was offered by Members McCoy and McCreary to recommend the City Council approve LDR Text Amendment Application No. 15- 001 -TA, as presented in the Planner's Memorandum dated January 8, 2015 with corrections to two definitions to read as follows; Convenience store with fuel pumps means a convenience store providing motor vehicle fuels and which may also stock within the principal structure and offer for sale prepackaged motor oil and other small prepackaged automotive - related accessories and "Storefront church, means a very small house of worship located in a one and only one unit in a multi -use commercial building or a commercial shopping center containing at least three individual units." Chairperson Hoover asked whether there was any further discussion. There was none. VOTE HOOVER - YEA BAUGHMAN - YEA MCCOY - YEA MCCREARY - YEA BRASS - YEA BATTON - N/A CREASMAN - YEA KEEFE - N/A CHAIRPERSON HOOVER CLOSED THE PUBLIC HEARING AT 6:54 P.M. JONASSAINT - YEA MOTION CARRIED. Chairperson Hoover yielded the floor to City Planning Consultant Brisson who explained this item was for the Board Members to discuss and offer their ideas, concerns, and questions. A copy of the City of Sebring's Historic Preservation Ordinance was provided as a guide. This Ordinance is basically standard for most places. Discussion ensued and various points were brought to the table. Some key points from a planning approach were, who would be the governing body for the review process, should the provisions be created for individual properties or whether there should be a historic district established, whether public or private buildings would be included, provisions for demolitions, how to address areas of concern, what safeguards to establish, and procedures for designation for the registry. Planner suggested the Board Members submit their thoughts in writing to the Board Secretary to forward to him, and then he would prepare a memo that captured their thoughts to be discussed at a future meeting. Board agreed to do so. No further action was taken on this matter. 7 8 VII. NEW BUSINESS CONTINUED. A. 2. Consider any other proposed LDR amendments. VIII. 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. General Services media are for the sole purpose of backup for official records. ATT ST: Dawn T. Hoover, Chairperson Batt Patty M. Bflrnette, Secretary JANUARY 15, 2015 - PLANNING BOARD - PAGE 8 OF 8 Chairperson Hoover asked whether there were any additional requests for amendments to the City's Land Development Regulations. There were none. There being no further items on the agenda, Chairperson Hoover adjourned the meeting at 7:29 p.m. 1 ?112011' Page 1 of 1(-) City of Okeechobee Planning Board AND Board of Adjustment City Hall, 55 SE 3'd Avenue, Room 200, Okeechobee, Florida 34974 Patty's Handwritten Minutes January 15, 2015 I. Call To Order - Chairperson: Chair Hoover called the January 15, 2015, Regular Meeting to order at II. Chairperson, Board Member Staff Attendance - Secretary. (p: oo p.m. III. ELECTION OF CHAIRPERSON AND VICE CHAIRPERSON. A. 1. Open the floor to receive nominations for a Chairperson to serve a two -year term. - {-ivoa 2. Close the floor for nominations. b:-°‘ 3. a) Motion to appoint one of the nominees to serve as Chairperson. Board Member e made a motion to appoint to serve as Chairperson for a two year term, beginning January 15, 201 ; seconded by Board Member V . PRESENT ABSENT (W OR W/O CONSENT) Chairperson Hoover ✓ (Vacant - will be addressed Jan 2015) Vice Chairperson Board Member Baughman V Board Member Brass Board Member Creasman ✓ Board Member Jonassaint ✓ Board Member McCoy Board Member McCreary Alternate Board Member Batton Alternate Board Member Keefe Planning Consultant Brisson, Senior Planner 'V Board Attorney Cook Board Secretary Burnette ✓ III. ELECTION OF CHAIRPERSON AND VICE CHAIRPERSON. A. 1. Open the floor to receive nominations for a Chairperson to serve a two -year term. - {-ivoa 2. Close the floor for nominations. b:-°‘ 3. a) Motion to appoint one of the nominees to serve as Chairperson. Board Member e made a motion to appoint to serve as Chairperson for a two year term, beginning January 15, 201 ; seconded by Board Member V . 14/ Otf4'Page 2 of a III. ELECTION OF CHAIRPERSON AND VICE CHAIRPERSON CONTINUED. b) Discussion. nO CIA S4 c) Vote on motion. VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER ' BAUGHMAN BRASS CREASMAN JONASSAINT MCCOY MCCREARY �� V BATTON KEEFE RFSUI TS. .ARRIED DFNIED B. 1. Open the floor to receive nominations for a Vice Chairperson to serve a two -year term. �Lt MCCoy to'. 0 2. Close the floor for nominations. 3. a) Motion to appoint one of the nominees to serve as Vice Chairperson. Board Member Brus1--, made a motion to appoint (V Coi to serve as Vice Chairperson for a two year term, beginning January 15, 2015; seconded by Board Member AiLc C real .l . b) Discussion. ro C( Oc SSu - c) Vote on motion. - 138tt4 Page 3 of III. ELECTION OF CHAIRPERSON AND VICE CHAIRPERSON CONTINUED. VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER BAUGHMAN BAUGHMAN BRASS BRASS CREASMAN CREASMAN JONASSAINT JONASSAINT MCCOY MCCOY MCCREARY MCCREARY KEEFE BATTON RFSIJI TS. CARRIFD DFNIFD I KEEFE ----- . / �/ RFSl1I TS. CARRIFD J DFNIFD IV. Minutes - Secretary. n A. Board Member 014-05 moved to dispense with the reading and approve the Summary of Board Action for the November 20, 2014, regular meeting; seconded by Board Member F" c Co`/ Discussion: VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER BAUGHMAN BRASS CREASMAN JONASSAINT MCCOY MCCREARY BATTON KEEFE RFSIJI TS. CARRIFD DFNIFD I V. Agenda - Chairperson. A. Chair fit t) (le asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. n VI. CHAIR kbOvrtrt OPENED THE PUBLIC HEARING AT IP. P5 P.M. A. Consider LDR Text Amendment Application No. 15- 001 -TA modifying existing and /or adding new definitions; amend CLT and CHV Permitted and Special Exception Uses (Sections 90 -252, 90 -253, and 90 -282); and Special Exception requirements for Pet Grooming (Exhibit 1). VI. PUBLIC HEARING CONTINUED. A. 1. Hear from Planning Staff. -3,1 i✓►xern 1. Adult gaming centers. '11t 44 Page 4 of /0 C 64,pcith (a tJ CL�au'w,a� Pi/Levin, a Rao -6m s While the State Legislature has passed legislation clarifying that certain types of adult gaming centers are no longer allowed by virtue of their having been declared illegal gambling establishments, and the proliferation of such establishments seems unlikely, certain precautions may still need to be taken. In the event businesses are successful in circumventing the intent of the law, it may be prudent to initiate provisions in the LDRs that will mitigate unwanted impacts. The first step in this process is to add the following definition for adult gaming centers. Adult gaming center means an establishment that provides consoles, seating or stations for an individual to participate in video gaming, internet gaming, or other forms of games of chance where the individual is charged for the use of thelyideo console or computer game or station�and prizes are awarded in any form. This definition specifically excludes games of skill and entertainment as are typically found in video and entertainment arcades catering primarily to minors. r ;p ' , f i , , , , 2. Convenience store and convenience store with gas pumps There are no definitions for the above uses. Definitions are needed to differentiate between the classic auto service station and a convenience store with gas pumps. Although they still exist, we seldom see new versions of what many of us grew up to know as the auto service station as it is presently defined in the LDRs. Rather, new establishments selling gasoline and diesel fuels now almost invariably take the form of motor fuel pumps (gas and diesel) associated with a convenience store. Consequently, we need to add definitions for convenience stores and convenience stores with gasoline and diesel automotive fuel pumps, to differentiate them from each other and from auto service stations. The following new definitions are proposed: a. Convenience store means a retail establishment offering for sale prepackaged food products, beverages, household items, newspapers and magazines, sandwiches and other freshly prepared foods for consumption off the premises. ■ l ,,,1 ✓f (( 1' t c b. Convenience store with fuel pumps means afconvenience store providing gasele -e diesel.-€tel ptwFffts--forAhefueTing-of-autcmrottve vchietes, and which may also stock within the principal structure and offer for sale prepackaged motor oil and other small prepackaged automotive - related accessories. Indoor auction house While out -door auctions are regulated under §90 -667, the City has no provision regarding an in -door auction house as an allowable use. It is our understanding that in the past a Business Tax Receipt (BTR) has been issued for an auction house under the category of a retail use. Because an indoor auction house can be a very intensive use, attracting greater numbers of persons than are normally associated with a similarly sized conventional retail use, we believe it should be a separate commercial use unto itself. The following definition is proposed for an indoor auction house. Auction house (indoor), means place where objects of art, furniture, and other goods are offered for sale to persons who bid on the object in competition with each other. This definition does not include 41126114 Page 5 of L 0 VI. PUBLIC HEARING CONTINUED. outdoor or open -air auctions where vehicles, farm and construction equipment and the like are auctioned. 4. Mechanical and repair services, pet grooming, and taxidermist. City Staff have, on occasion, had to make decisions regarding the permissibility of specific businesses for which there are no clear definitions or indications as to what use category the business belongs. In the case of mechanical and repair services portions of the current definition are inappropriate. We recommend modifying or adding the following definitions to §66 -1 and, in the case of pet grooming and taxidermist, regulatory provisions are also proposed: a. Services, mechanical and repair means establishments including machinery servicing and repair, or service garage, motor vehicle paint and /or body shop, motor vehicle or trailer rental, vctcrinarian, printcr, , and similar service uses. b. Pet grooming means an establishment providing for the hygienic care and cleaning of a domestic pet, usually dogs, cats, and sometimes birds, and includes the preparation or enhancement of a pet's physical appearance for "showing" or other types of competition. f ' 3 t , l : : i , t , 4 et ) rt li.i' V( A r' nip -i -:,r U. Pet grooming is proposed as a permitted use in Sections. 90 -252 and 90 -282 (the CLT and CHV Districts, respectively) and new supplementary regulations for pet grooming are proposed to be added as follows: Sec. 90 -704. Pet grooming Pet grooming requirements shall be as follows: (1) Lot and structure requirements shall be as by the district in which the use is located. (2) Additional requirements shall be as by the district in which the use is located. (3) Special conditions and limitations. a. No pets shall be kept on the premises overnight. b. Pets shall at all times be kept within the principal building. 4e. c. Taxidermist means an establishment wherein the act of reproducing a life -like three - dimensional representation of an animal for permanent display is undertaken. In some cases, the actual skin (including the fur, feathers or scales) of the specimen is preserved and mounted over an artificial body. In other cases, the specimen is reproduced completely with man -made materials Taxidermist establishment is proposed as a Special Exception use in Sec. 90 -253 (CLT District) and a Permitted use in Sec. 90 -292 (the CHV District). 5. Motel and Recovery /sober home There is one motel in town that has been used as a recovery center for persons after treatment at an alcohol or drug rehabilitation center. Apparently, it was decided that because a recovery center provides only transient accommodations without cooking facilities in individual rooms that it qualifies as a motel according to the current definition. We believe this is not the intent of the definition of a motel and have proposed the following definitions to clarify that motels and recovery centers /sober homes are not the same. 111207/1 Page6of VI. PUBLIC HEARING CONTINUED. a. Motel means an establishment containing sleeping accommodations for transient guests, which has individual entrances from the outside to serve each room, generally with no provisions made for cooking in individual rooms, and which may have a restaurant and indoor recreation as accessory uses. Recovery centers /sober homes are not motels. b. Recovery center /sober home means a facility, used by addicts recovering from substance abuse, which serves as an interim environment between rehab and a return to their former lives. These facilities provide a safe and supportive place in which people can live while they are in recovery and are primarily meant to provide housing for people who have lust come out of rehab (or recovery centers) and need a place to live that is structured and supporting for those in recovery. A recovery center /sober home is not a group home because it is not licensed by a state or federal agency. 6. Separate alcohol and drug rehabilitation centers from the general category of "Group homes." The City has, in the past, recognized alcohol and drug rehabilitation /detox centers as falling within the general category of group homes. However, this specific form of a group home has different characteristics and impacts than other group homes or rehabilitation centers. Therefore, we suggest modifying the definition of "Group home" to specifically exclude alcohol and drug rehabilitation /detox centers and to add a new definition for alcohol and drug rehabilitation /detox center, to read as follows: a. Group home means a building designed or used as permanent or temporary living quarters for six or more unrelated persons in which individual cooking facilities are not provided. Included in such designation, but not limited to, are such facilities as residential facilities and comprehensive transitional education programs under F.S. ch. 393; domestic violence centers under F.S. ch. 415; community residential homes in excess of six persons under F.S. ch. 419; and such similar facilities as authorized by law, and for which licensing is first required by law, and for which licensing is first required by the state department of children and families and /or the agency for health care administration, or other state or federal agency. This definition specifically excludes alcohol and drug rehabilitation/detox centers. b. Alcohol and drug rehabilitation center /detox center means a facility providing an active rehabilitation treatment program run throughout the day, where the residents receive intensive individual and group counseling for their substance abuse. Residents typically stay for one to six months. 7. Storefront church Ordinance 1070 adopted on January 18, 2011 allows storefront churches. Under the current definition, a storefront church is "a house of worship located in a unit in a multi -use commercial building or commercial shopping center." The intent is to provide an alternative for a very small house of worship that would not need the much greater land area required for more conventional churches. It was expected that the storefront church would occupy only one of the units in a multi -use building. In order to ensure that this intent is clear, we think it prudent to define a storefront church more specifically to read as follows: ,j? "Storefront church, means ayhouse of worship located in a one and only one unit in a multi -use commercial building or a commercial shopping center containing at least three individual units." Temporary uses and structures - 4429th' Page 7 of VI. PUBLIC HEARING CONTINUED. As now written, the regulations are unclear as to the difference between temporary structures and temporary uses and therefore recommend adding the following new definitions to Section 66 -1: a. Structure, temporary, means a structure that is erected without any foundation or footings and is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased. b. Use, temporary, means an outdoor use or activity which is permitted only for a limited time such as promotional events, tent sales, charity events, craft or art fairs, car shows, or other similar uses. Temporary uses are subject to specific regulations and permitting procedures. c. Temporary portable storage container, means a self - contained storage unit designed to be delivered to a site by a separate vehicle where it is removed from the vehicle and left at the site. Once on the site, it is used as temporary, short -term storage shelter. It may also be loaded with material and then transported by separate vehicle 2. Hear from City Staff. 'tt1201T4 Page 8 of d VI. PUBLIC HEARING CONTINUED. 3. Public comments or questions from those in attendance, or submitted to the Board Secretary. 4. Disclosure of Ex -Parte Communicationskby the Board. 5. a) Consideration of a recommendation to the City Council to approve or deny application. r`�' �' prove or deny LDR Text Amendment Applicat Motion and second by Members , to recommend /not recommend the City Council ion No. 15- 001 -TA which amends .; , ' V I `'" ( b) Discussion. I c) Vote on motion. VOTE YEA NAY ABSENT NONVOTING ABSTAINED HOOVER BAUGHMAN BRASS CREASMAN JONASSAINT MCCOY MCCREARY BATTON KEEFE RFSIII TSE CARRIFD DFNIFD VI. PUBLIC HEARING CONTINUED. CHAIR 41442.9t1-4" Page 9 of CLOSED THE PUBLIC HEARING AT VII. NEW BUSINESS. A. A P.M. Discuss proposed amendments to the City's Land Development Regulations - Chairperson 1 Discuss potential Historic Preservation Regulations with Planning Staff (Exhibit 2). eivOS± LI LI 14-1.1-6(16 ccp ht ok Lour Vacor pie‘e, Of pa) ttto(A 1),e oTs.-Pri Eyttt4441V-V, 4:/1. pfavica(lf:rIS Cyr r) FO--ieth6n .‘=-1k)c, Wutc1- -Attot.0 rlitts Ak. 1'04 -11-) e 1": V te. / c tol-et o ss; 1-1,a4.- 1,06 ,t1 et 6-C t---1- eroviokoril • o ei-tt cPf e-tc („t 1 4{ CI OS COS I/PC/Ill (1v-t-r 01\-1 Lein() d'elrocitel of °*At--r4- f oft 1, a - k cora tx e s s s (A)11,at (DLL, . Don f-oilAD tt,rk C?(CAAMAAI 4-0 ivy it)ck 4'0 F r LA) 1,, o uch,c_ r:) ( rr, VII. NEW BUSINESS CONTINUED. 2. Consider any other proposed LDR amendments. (Y rl VII. ADJOURN - Chairperson. There being no further items on the agenda, Chair Hoover adjourned the meeting at P.m. Page 10 of l 'D 'Per Resolution No. 1997 -05 Officials must disclose any communication received including the identity of the person, group, or entity; written communication may be read if not received by all Board Members; disclose any site visits made; disclose any expert opinions received; disclose any investigations made; disclosures must be made prior to the vote taken. Persons who have opinions contrary to those expressed in the ex -parte communication are given a reasonable opportunity to refute or respond. 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. 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. INDEPENDENT NEWSMEDIA INC. USA Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863 -763 -3134 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the 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., V� 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 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 she 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 and subscribed before me this day of 1 L, i Notary Public, State of Florida at Large °N'° ANGIEBRIDGES MY COMMISSION # EE 177653 EXPIRES: April 20, 2016 of? Bonded Thru Notary Public Underwriters Katrina Elsken AD PUBLIC NOTICE CITY PLANNING /ADJUSTMENT BOARD MEETING NOTICE IS HEREBY GIVEN that the City of Okeechobee Planning Board /Board of Adjustment (PB /BOA) will conduct a regular meeting on Thu, Jan 15, 2015 at 6 PM, or as soon thereafter as possible, at City Hall, 55 5E 3rd Ave, Rm 200, Okeechobee, L. The public is invited and en- beercomor to by calling alli g the Generall be 863-763 3372 o218.eecho- ANY PERSON DECIDING TO APPEAL any decision made by the P8 /BOA with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testi- mony and evidence upon which the appeal will be based. 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 Office no later than two busi: ness days prior to proceeding, 863- 763-3372. BE ADVISED that should you intend to show any document, picture, video or items to the PB /BOA 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 Chairperson Dawn Hoover 469087 ON 1/9/2015 DEPENDENT NEWSMEDIA INC. USA STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the 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 � � �,� t-d i0_0_.: in the matter of v1 r11'Lz l i i 0 in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 1(7([5— 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 she 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 and su scribed before me this day of ,✓ Notary Public, State of Florida at Large 1• .• °v' ANGIE BRIDGES MY COMMISSION # EE 177653 Iwnil EXPIRES: P ?nd▪ o• Bonded Thru Notary Public Underwriters Katrina Elsken ,10 AD Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863- 763 -3134 PUBLIC HEARING NOTICE LAND DEVELOPMENT REGULATION TEXT AMENDMENT A PUBLIC HEARING wili be held before the City of Okeechobee Plan- ning Board, meeting aS the Local Planning Agency on Thursday, January 15, 2015, at 6 PM,or as soon thereafter as possible, at City Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, FL, to consider and receive input on amend- ing the Code of Ordinances, Subpart B Land Development Regulations. Amendment 15-001 -TA proposes to modify existing definitions or adding new definitions for the following terms: adult gamin center, alcohol and drug. rehabilitation center /detox center, auction house (indoor), convenience store, convenience store with fuel pumps, group home, motel, pet groom- ing, recovery center /sober home, services (mechanical and repair), store- front church, temporary structure, taxidermist, temporary portable storage container, and temporary use. Amend Section 90-252 by adding Pet Groom- ing to the list of Permitted Uses in the light Commerdal (CLT) Zoning Dis- trict. Amend Section 90 -253 by adding Taxidermist to the list of Special Exception Uses in the CLT Zoning District. Amend Section 90-282 by adding Taxidermist and Pet Grooming to the list of Permitted Uses in the Heavy (Commercial Zoning District. Adding a new Section 90 -704 entitled Pet Grooming and sets forth requirements for pet grooming establishments when applying fora Special Exception. The Planning Board will issue a recommendation on Application No. 15 -001 TA, and forward to the City Council for consideration at the Febru- ary 3 and February 17 meetings. All interested parties are encouraged to attend. Please contact General Services at 863 - 763 -3372, or website, cityofokeechobee.com, to obtain a copy of the agenda. The proposed amendment may be reviewed at the ad- dress above during regular business hours, Mon -Fri, Bam- 4:30pm, except for holidays. ANY PERSON DECIDING TO APPEAL any decision 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, Application No. IS-001.-TA 469057 ON 1/7/2015 CITY OF OKEECHOBEE PLANNING BOARD AND BOARD OF ADJUSTMENT REGULAR MEETING JANUARY 15, 2015, OFFICIAL AGENDA I. CALL TO ORDER - Chairperson: January 15, 2015, Regular Meeting, 6:00 p.m., City Hall, 55 SE Third Avenue, Room 200, Okeechobee, Florida. II. CHAIRPERSON, BOARD MEMBER AND STAFF ATTENDANCE - Secretary. Chairperson Dawn Hoover Board Member Phil Baughman Board Member Karyne Brass Board Member John Creasman Board Member Mac Jonassaint Board Member Doug McCoy Board Member Les McCreary Alternate Board Member Elbert Batton Alternate Board Member Bobby Keefe Board Attorney John R. Cook City Planning Consultant Bill Brisson, Senior Planner Board Secretary Patty Burnette III. ELECTION OF CHAIRPERSON AND VICE CHAIRPERSON. A. 1. Open the floor to receive nominations for a Chairperson to serve a two -year term. 2. Close the floor for nominations. 3. a) Motion to appoint one of the nominees to serve as Chairperson. b) Discussion. c) Vote on motion. B. 1. Open the floor to receive nominations for a Vice Chairperson to serve a two -year term. 2. Close the floor for nominations. 3. a) Motion to appoint one of the nominees to serve as Vice Chairperson. b) Discussion. c) Vote on motion. JANUARY 15, 2015 - PB /BOA AGENDA • PAGE 2 OF 2 W. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Board Action for the November 20, 2014, regular meeting. V. AGENDA - Chairperson. A. Requests for the addition, deferral or withdrawal of items on today's agenda. VI. OPEN PUBLIC HEARING - Chairperson. A. Consider LDR Text Amendment Application No. 15- 001 -TA modifying existing and /or adding new definitions; amend CLT and CHV Permitted and Special Exception Uses (Sections 90 -252, 90 -253, and 90 -282); and Special Exception requirements for Pet Grooming (Exhibit 1). 1. Hear from Planning Staff. 2. Hear from the City Staff. 3. Public comments or questions from those in attendance, or submitted to the Board Secretary. 4. Disclosure of Ex -Parte Communications' by the Board. 5. a) Consideration of a recommendation to the City Council to approve or deny application. CLOSE PUBLIC HEARING - Chairperson. VII. NEW BUSINESS. A. Discuss proposed amendments to the City's Land Development Regulations - Chairperson 1. Discuss potential Historic Preservation Regulations with Planning Staff (Exhibit 2). 2. Consider any other proposed LDR amendments. VIII. ADJOURN - Chairperson. 'Per Resolution No. 1997 -05 Officials must disclose any communication received including the identity of the person, group, or entity; written communication maybe read if not received by all Board Members; disclose any site visits made; disclose any expert opinions received; disclose any investigations made; disclosures must be made prior to the vote taken. Persons who have opinions contrary to those expressed in the ex -parte communication are given a reasonable opportunity to refute or respond. 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. 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. anning Management Services, Inc, Ex hibit 1 Memorandum To: Planning Board From: Bill Brisson, AICP Date: January 8, 2015 Subject: Explanation of items included in Ordinance 1119 Over the past couple years a variety of issues have arisen, most recently interest in opening a pet grooming business and expanding an existing taxidermy business. Both of these issues required establishing definitions, recognizing the zoning districts in which they would be allowed, and, in the instance of pet grooming, establishing supplemental regulations. Since these were to be considered at the January Planning Board meeting, it was decided that we should also include other changes to existing definitions or the addition of needed new definitions. Ordin- ance 1119 incorporates these changes. The following materials provide explanations of why each new or modified definition is being addressed. Our introductory comments or other notations are shown in Arial typeface. Existing and pro- posed LDR text are shown in standard Times Roman typeface. As usual, we identify language to be deleted in strikeout format and new language is underlined. For ease of reference, pro- posed definitions have been grouped such that related definitions are addressed at the same in time in this memorandum time. 1. Adult gaming centers. While the State Legislature has passed legislation clarifying that certain types of adult gaming centers are no longer allowed by virtue of their having been declared illegal gambling establishments, and the proliferation of such establishments seems unlikely, certain precautions may still need to be taken. In the event businesses are successful in circumventing the intent of the law, it may be prudent to initiate provisions in the LDRs that will mitigate unwanted impacts. The first step in this process is to add the following definition for adult gaming centers. Adult gaming center means an establishment that provides consoles, seating or stations for an individual to participate in video gaming, internet gaming, or other forms of games of chance where the individual is charged for the use of the video console or computer game or station and prizes are awarded in any form. This definition specifically excludes games of skill and entertainment as are typically found in video and entertainment arcades catering primarily to minors. Providing Planning and Management Solutions for Local Goverrunents Since 1988 1375 Jackson Street, Suite 206 Fort Myers, F1., 33901 239 -334 -3366 www.larueplanning.com 2. Convenience store and convenience store with gas pumps There are no definitions for the above uses. Definitions are needed to differentiate between the classic auto service station and a convenience store with gas pumps. Although they still exist, we seldom see new versions of what many of us grew up to know as the auto service station as it is presently defined in the LDRs. Rather, new establishments selling gasoline and diesel fuels now almost invariably take the form of motor fuel pumps (gas and diesel) associated with a convenience store. Consequently, we need to add definitions for convenience stores and convenience stores with gasoline and diesel automotive fuel pumps, to differentiate them from each other and from auto service stations. The following new definitions are proposed: a. Convenience store means a retail establishment offering for sale prepackaged food products, beverages, household items, newspapers and magazines, sandwiches and other freshly prepared foods for consumption off the premises. b. Convenience store with fuel pumps means a convenience store providing gasoline and /or diesel fuel pumps for the fueling of automotive vehicles, and which may also stock within the principal structure and offer for sale prepackaged motor oil and other small prepackaged automotive- related accessories. 3. Indoor auction house While out -door auctions are regulated under §90 -667, the City has no provision regarding an in -door auction house as an allowable use. It is our understanding that in the past a Business Tax Receipt (BTR) has been issued for an auction house under the category of a retail use. Because an indoor auction house can be a very intensive use, attracting greater numbers of persons than are normally associ- ated with a similarly sized conventional retail use, we believe it should be a separate commercial use unto itself. The following definition is proposed for an indoor auction house. Auction house (indoor), means place where objects of art, furniture, and other goods are offered for sale to persons who bid on the object in competition with each other. This definition does not include outdoor or open -air auctions where vehicles, farm and construction equipment and the like are auctioned. Serving Florida Local Governments Since 1988 4. Mechanical and repair services, pet grooming, and taxidermist. City Staff have, on occasion, had to make decisions regarding the permissibility of specific businesses for which there are no clear definitions or indications as to what use category the business belongs. In the case of mechanical and repair services portions of the current definition are inappropriate. We recommend modifying or adding the following definitions to §66 -1 and, in the case of pet grooming and taxidermist, regulatory provisions are also proposed: a. Services, mechanical and repair means establishments including machinery servicing and repair, or service garage, motor vehicle paint and/or body shop, motor vehicle or trailer rental, veterinarian, printer, auction house, salvage yard, and similar service uses. b. Pet grooming means an establishment providing for the hygienic care and cleaning of a domestic pet, usually dogs, cats, and sometimes birds, and includes the preparation or enhancement of a pet's physical appearance for "showing" or other types of competition. Pet grooming is proposed as a permitted use in Sections. 90 -252 and 90 -282 (the CLT and CHV Districts, respectively) and new supplementary regulations for pet grooming are proposed to be added as follows: Sec. 90 -704. Pet grooming Pet grooming requirements shall be as follows: (1) Lot and structure requirements shall be as by the district in which the use is located. (2) Additional requirements shall be as by the district in which the use is located. (3) Special conditions and limitations. a. No pets shall be kept on the premises overnight. b. Pets shall at all times be kept within the principal building. c. Taxidermist means an establishment wherein the act of reproducing a life -like three - dimensional representation of an animal for permanent display is undertaken. In some cases, the actual skin (including the fur, feathers or scales) of the specimen is preserved and mounted over an artificial body. In other cases, the specimen is reproduced completely with man -made materials Taxidermist establishment is proposed as a Special Exception use in Sec. 90 -253 (CLT District) and a Permitted use in Sec. 90 -292 (the CEIV District). Serving Florida Local Governments Since [988 5. Motel and Recovery /sober home There is one motel in town that has been used as a recovery center for persons after treatment at an alcohol or drug rehabilitation center. Apparently, it was decided that because a recovery center provides only transient accommodations without cooking facilities in individual rooms that it qualifies as a motel according to the current definition. We believe this is not the intent of the definition of a motel and have proposed the following definitions to clarify that motels and recovery centers /sober homes are not the same. a. Motel means an establishment containing sleeping accommodations for transient guests, which has individual entrances from the outside to serve each room, generally with no provisions made for cooking in individual rooms, and which may have a restaurant and indoor recreation as accessory uses. Recovery centers /sober homes are not motels. b. Recovery center /sober home means a facility, used by addicts recovering from substance abuse, which serves as an interim environment between rehab and a return to their former lives. These facilities provide a safe and supportive place in which people can live while they are in recovery and are primarily meant to provide housi for people who have just come out of rehab (or recovery centers) and need a place to live that is structured and supporting for those in recovery. A recovery center /sober home is not a group home because it is not licensed by a state or federal agency. 6. Separate alcohol and drug rehabilitation centers from the general category of "Group homes." The City has, in the past, recognized alcohol and drug rehabilitation /detox centers as falling within the general category of group homes. However, this specific form of a group home has different characteristics and impacts than other group homes or rehabilitation centers. Therefore, we suggest modifying the definition of "Group home" to specifically exclude alcohol and drug rehabilitation /detox centers and to add a new definition for alcohol and drug rehabilitation /detox center, to read as follows: a. Group home means a building designed or used as permanent or temporary living quarters for six or more unrelated persons in which individual cooking facilities are not provided. Included in such designation, but not limited to, are such facilities as residential facilities and comprehensive transitional education programs under F.S. ch. 393; domestic violence centers under F.S. ch. 415; community residential homes in excess of six persons under F.S. ch. 419; and such similar facilities as authorized by law, and for which licensing is first required by law, and for which licensing is first required by the state department of children and families and/or the agency for health care administration, or other state or federal agency. This definition speci- fically excludes alcohol and drug rehabilitation/detox centers. Serving Florida Local Governments Since 1988 b. Alcohol and drug rehabilitation center /detox center means a facility providing an active rehabilitation treatment program run throughout the day, where the residents receive intensive individual and group counseling for their substance abuse. Resi- dents typically stay for one to six months. 7. Storefront church Ordinance 1070 adopted on January 18, 2011 allows storefront churches. Under the current definition, a storefront church is "a house of worship located in a unit in a multi -use commercial building or commercial shopping center." The intent is to provide an alterna- tive for a very small house of worship that would not need the much greater land area required for more conventional churches. It was expected that the storefront church would occupy only one of the units in a multi -use building. In order to ensure that this intent is clear, we think it prudent to define a storefront church more specifically to read as follows: "Storefront church, means a house of worship located in a one and only one unit in a multi -use commercial building or a commercial shopping center containing at least three individual units." 8. Temporary uses and structures As now written, the regulations are unclear as to the difference between temporary structures and temporary uses and therefore recommend adding the following new definitions to Section 66 -1: a. Structure, temporary, means a structure that is erected without any foundation or footings and is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased. b. Use, temporary, means an outdoor use or activity which is permitted only for a limited time such as promotional events, tent sales, charity events, craft or art fairs, car shows, or other similar uses. Temporary uses are subject to specific regulations and permitting procedures. c. Temporary portable storage container, means a self-contained storage unit designed to be delivered to a site by a separate vehicle where it is removed from the vehicle and left at the site. Once on the site, it is used as temporary, short -term storage shelter. It may also be loaded with material and then transported by separate vehicle to an off -site storage location for longer periods of time. Serving Florida Local Governments Since 1988 ORDINANCE NO. 1119 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA PROVIDING FOR AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS, INCLUDING SECTION 66 -1 DEFINITIONS, BY MODIFYING EXISTING DEFINITIONS OR ADDING NEW DEFINITIONS FOR THE FOLLOWING TERMS: ADULT GAMING CENTER, ALCOHOL AND DRUG REHABILITATION CENTER/DETOX CENTER, AUCTION HOUSE (INDOOR), CONVENIENCE STORE, CONVENIENCE STORE WITH FUEL PUMPS, GROUP HOME, MOTEL, PET GROOMING, RECOVERY CENTER/SOBER HOME, SERVICES (MECHANICAL AND REPAIR), STOREFRONT CHURCH, TEMPORARY STRUCTURE, TAXIDERMIST, TEMPORARY PORTABLE STORAGE CONTAINER, AND TEMPORARY USE; AMENDING SECTION 90 -253 BY ADDING TAXIDERMIST TO THE LIST OF SPECIAL EXCEPTION USES IN THE CLT ZONING DISTRICT; AMENDING SECTION 90 -282 BY ADDING TAXIDERMIST TO THE LIST OF PERMITTED USES IN THE CHV ZONING DISTRICT; AMENDING SECTION 90 -252 BY ADDING PET GROOMING TO THE LIST OF PERMITTED USES IN THE CLT ZONIG DISTRICT; AMENDING SECTION 90 -282 BY ADDING PET GROOMING TO THE LIST OF PERMITTED USES IN THE CHV ZONING DISTRICT; AMENDING ARTICLE IV, DIVISION 9, SPECIAL EXCEPTION AND SUPPLEMENTAL USE REGULATIONS BY ADDING A NEW SECTION 90 -704 ENTITLED PET GROOMING SETTING FORTH REQUIREMENTS FOR PET GROOMING ESTABLISHMENTS; PROVIDING FOR CONFLICTS AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida, has a legitimate interest in periodic review of its ordinances and and development regulations in order 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 NOW, THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: Language to be added is underlined Language to be deleted is str-uc.k- through Ordinance No. 1119 Page 1 of 5 Section 1. That the City Council for the City of Okeechobee, Florida amends herein Chapter 66, Section 66 -1 to include the following definitions: Adult gaming center means an establishment that provides consoles, seating or stations for an individual to participate in video gaming, Internet gaming, or other forms of games of chance where the individual is charged for the use of the video console or computer game or station and prizes are awarded in any form. This definition specifically excludes games of skill and entertainment as are typically found in video and entertainment arcades catering primarily to minors. Alcohol and drug rehabilitation center / detox center means a facility providing an active rehabilitation treatment program run throughout the day, where the residents receive intensive individual and group counseling for their substance abuse. Residents typically stay for one to six months. Auction house (indoor) means an establishment where objects of art, furniture, and other goods are offered for sale to persons who bid on the object in competition with each other. This definition does not include outdoor or open -air auctions where vehicles, farm and construction equipment and the like are auctioned. Convenience store means a retail establishment offering for sale prepackaged food products, beverages, household items, newspapers and magazines, sandwiches and other freshly prepared foods for consumption off the premises. Convenience store with fuel pumps means a convenience store providing gasoline and /or diesel fuel pumps for the fueling of automotive vehicles, and which may also stock within the principal structure and offer for sale prepackaged motor oil and other small prepackaged automotive - related accessories. Group home means a building designed or used as permanent or temporary living quarters for six or more unrelated persons in which individual cooking facilities are not provided. Included in such designation, but not limited to, are such facilities as residential facilities and comprehensive transitional education programs under F.S. ch. 393; domestic violence centers under F.S. ch. 415; community residential homes in excess of six persons under F.S. ch. 419; and such similar facilities as authorized by law, and for which licensing is first required by law, and for which licensing is first required by the state department of children and families and /or the agency for health care administration, or other state or federal agency. This definition specifically excludes alcohol and drug rehabilitation /detox centers, and recovery centers /sober homes. Motel means an establishment containing sleeping accommodations for transient guests, which has individual entrances from the outside to serve each room, generally with no provisions made for cooking in individual rooms, and which may have a restaurant and indoor recreation as accessory uses. Recovery centers /sober homes are not motels. Pet grooming means an establishment providing for the hygienic care and cleaning of a domestic pet, usually dogs, cats, and sometimes birds, and includes the preparation or enhancement of a pet's physical appearance for "showing" or other types of competition. Recovery center /sober home means a facility, used by addicts recovering from substance abuse, which serves as an interim environment between rehab and a return to their former lives. These facilities provide a safe and supportive place in which people can live while they are in recovery and are primarily meant to provide housing for people who have just come out of rehab (or recovery centers) and need a place to live that is structured and supporting for those in recovery. A recovery Language to be added is underlined Language to be deleted is struck ough Ordinance No. 1119 Page 2 of 5 center /sober home is not a group home because it is not licensed by a state or federal agency. Services, mechanical and repair means establishments including machinery servic- ing and repair, or service garage, motor vehicle paint and /or body shop, motor vehicle or trailer rental, veterinarian, printer, auction house, salvage yard, and similar service uses. Storefront church, means a house of worship located in a one and only one unit in a multi -use commercial building or a commercial shopping center containing at least three individual units. Structure, temporary means a structure that is erected without any foundation or footings and is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased. Taxidermist means an establishment wherein the act of reproducing a life -like three - dimensional representation of an animal for permanent display is undertaken. In some cases, the actual skin (including the fur, feathers or scales) of the specimen is preserved and mounted over an artificial body. In other cases, the specimen is reproduced completely with man -made materials." Temporary portable storage container means a self- contained storage unit designed to be delivered to a site by a separate vehicle where it is removed from the vehicle and left at the site. Once on the site, it is used as temporary, short -term storage shelter. It may also be loaded with material and then transported by separate vehicle to an off -site storage location for longer periods of time." Use, temporary means an outdoor use or activity which is permitted only for a limited time such as promotional events, tent sales, charity events, craft or art fairs, car shows, or other similar uses. Temporary uses are subject to specific regulations and permitting procedures." Section 2. That the City Council for the City of Okeechobee, Florida amends herein Chapter 90, ZONING, ARTICLE III, Section 90 -253 by adding "Taxidermist" to the list of Special exception uses in the CLT zoning district as follows: Sec. 90 -253. Special exception uses ... (19) Taxidermist Section 3. That the City Council for the City of Okeechobee, Florida amends herein Chapter 90, ZONING, ARTICLE III, Section 90 -282 by adding "Taxidermist" to the list of Permitted uses in the CHV zoning district as follows: Sec. 90 -282. Permitted Uses, ... (14) Taxidermist Section 4. That the City Council for the City of Okeechobee, Florida amends herein Chapter 90, ZONING, ARTICLE III, Section 90 -252 by adding "Pet grooming" to the list of Permitted uses in the CLT zoning district as follows: Sec. 90 -252. Permitted Uses, ... (6) Pet grooming Language to be added is underlined Language to be deleted is strt+ek- tkweugh Ordinance No. 1119 Page 3 of 5 Section 5. That the City Council for the City of Okeechobee, Florida amends herein Chapter 90, ZONING, ARTICLE III, Section 90 -282 by adding "Pet grooming" to the list of Permitted uses in the CHV zoning district as follows: Sec. 90 -282. Permitted Uses, ... (15) Pet grooming Section 6. That the City Council for the City of Okeechobee, Florida amends herein Chapter 90, ZONING, ARTICLE IV, by adding a new Section 90 -704 entitled "Pet grooming" to read as follows: Sec. 90 -704. Pet grooming Pet grooming requirements shall be as follows: (1) Lot and structure requirements shall be as by the district in which the use is located. (2) Additional requirements shall be as by the district in which the use is located. (3) Special conditions and limitations. a. No pets shall be kept on the premises overnight. b. Pets shall at all times be kept within the principal building. Section 6. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 7. 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 8. Effective Date. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set for final public hearing on this day of 2015. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this day of , 2015 James E. Kirk, Mayor Language to be added is underlined Language to be deleted is strusk-through Ordinance No. 1119 Page 4 of 5 ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Language to be added is underlined Language to be deleted is struck through Ordinance No. 1119 Page 5 of 5 Exhibit 2 ORDINANCE NO. 824 AN ORDINANCE CREATING,:A HISTORIC PRESERVATION COMMISSION, ESTABLISHING QUALIFICATIONS FOR.. MEMBERSHIP AND TERMS OF OFFICE,: PROVIDING FOR THE DESIGNATION AND PROTECTION OF HISTORIC PROPERTIES AND THE DESIGNATION OF HISTORIC DISTRICTS; PROVIDING FOR THE REVIEW AND REGULATION OF ALTERNATIONS, RELOCATIONS, AND DEMOLITIONS OF HISTORIC PROPERTIES AND STRUCTURES WITHIN THE BOUNDARIES OF HISTORIC DISTRICTS AND OF NEW CONSTRUCTION WITHIN THE BOUNDARIES OF HISTORIC DISTRICTS; PROVIDING PENALTIES FOR NONCOMPLIANCEAND PROVISIONS FOR ENFORCING DECISIONS; PROVIDING A MECHANISM FOR APPEAL OF DECISIONS; PROVIDING TIME FRAMES FOR REVIEW; PROVIDING FOR PUBLIC AND OWNER NOTIFICATION AND FOR PUBLIC HEARINGS; PROVIDING FOR SEVERABILITY; AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, the historic properties located within the City of Sebring are an important legacy to be valued and conserved for'present and future generations; and WHEREAS, the destruction of these nonrenewable historical resources will constitute a significant loss to the Quality of life, economy and cultural environment in the City of Sebring; and WHEREAS, a historical preservation commission should be created and provisions for the designation of historical properties and historical preservation districts should be established; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBRING, FLORIDA, that: SECTION 1. PURPOSE. The purpose of this Ordinance is to promote the educational, cultural and economic welfare of the public by the creation of a Historic Preservation Commission and by establishing uniform procedures to preserve the City's historic resources, and by enhancing Public participation and involvement in the preservation and protection of such resources, including buildings, structures, monuments and other historic resources. SECTION 2. DEFINITIONS. For the purpose of this ordinance, the following definitions shall apply: A. "ALTERATION" — Any change affecting the exterior appearance of an existing improvement by additions, reconstruction, remodeling or maintenance involving change in color, form, texture or materials. B. "CERTIFICATE OF APPROPRIATENESS" — A document issued by the Commission or it's staff under certain circumstances, approving a proposal to make specified alterations to or to demolish a designated Historic Property or building, structure, or monument located within a designated Historic District or to construct a building or structure on property located within a designated Historic District, which must be obtained before such alteration, demolition, or construction may be begun. C. "CITY COUNCIL" - The City Council of the City of Sebring. D. "COMMISSION" — The Sebring Historic Preservation Commission created hereunder. E. "DEMOLISH BY NEGLECT" — Deterioration of a designated Historic Property or a property in a designated Historic District by virtue of the withholding of ordinary maintenance and repair to the extent that the property or structure could be reasonably expected to become unsafe. F. "DEMOLITION" — The act or process of wrecking, destroying or removal of a building, structure or monument, or any part thereof. G. "DESIGNATION" — A decision by the City Council to designate a property as a "Historic Property" or a district as a "Historic District" and to thereafter prohibit all alteration, demolition or construction on such property or within such district prior to the issuance of a Certificate of Appropriateness by the Commission. H. "DESIGN GUIDELINES" — The United States Secretary of the Interior's "Standards of Rehabilitation ", as amended by the Commission, along with any other criteria adopted by the Commission. I. "EXTERIOR ARCHITECTURAL FEATURES" — The architectural style, general design, and general arrangement of the exterior of a building or other structure, including, but not limited to, the type or texture of the building material, the type and style of all windows, doors and signs; and other appurtenant architectural fixtures, features, details or elements relative to the foregoing. J. "HISTORIC DISTRICT" — A geographically definable area designated by the City Council of the City of Sebring which contains structures, sites, monuments or a combination thereof which: (1) have special character or special historical or aesthetic interest or value; (2) represent one or more eras of the history of the City of Sebring; and 3 (3) cause such area, by reason of such factors to constitute a visibly perceptible section of the City of Sebring. K. "HISTORIC PRESERVATION JURISDICTION" — The area within the corporate limits of the City of Sebring ; L. "HISTORIC PROPERTY" — A structure, site or monument, including the adjacent area necessary for the proper appreciation or use thereof, deemed worthy of preservation by reason of its value to the City of Sebring for one or more of the following reasons: (1) it is an outstanding example of a structure representing its era; (2) it is one of the few remaining examples of a past architectural style; (3) it is a place or structure associated with an with an event or person of historic or cultural significance to the City of Sebring; or (4) it is a site of natural or esthetic interest that is continuing to contribute to the cultural or historical development and heritage of the City of Sebring. M. "MATERIAL CHANGE IN APPEARANCE" — A change that will affect the exterior architectural features of a Historic Property or of any structure, site or monument within a Historic District and may include any one or more of the following: 4 (I) a reconstruction or alteration of the size, shape, or facade of a Historic Property, including relocation of any doors or windows or removal or alteration of any architectural features, details, or elements; (2) demolition of a Historic Property; (3) commencement of excavation; (4) change in the location of advertising visible from the public way or any Historic Property; or (5) the erection, alteration, restoration, or removal of any building or other structure within a Historic District, including wall, fences, steps, pavements or other appurtenant features, except exterior paint alterations. N. "PERSON" — Includes any natural person, corporation, or unincorporated association. O. "UNDUE ECONOMIC HARDSHIP" — An exceptional financial burden that would amount to the taking of property without just compensation, or failure to achieve a reasonable economic return in the case of income producing property. SECTION 3. HISTORIC PRESERVATION COMMISSION. There is hereby created the "Sebring Historic Preservation Commission ", consisting of a seven members (four professional and three lay members) all of which shall be residents of the greater Sebring area, such area being defined as an area being within five miles of the City limits of the City of Sebring as the same may exist from time to time. The initial members of 5 the commission shall be appointed by the Mayor of the City of Sebring, upon approval of the City Council, for staggered terms as follows: One professional member to be appointed for a term to expire on the first Tuesday in January 1991; one lay member and one professional member to be appointed for a term to expire on the first Tuesday in January 1992; on lay member and one professional member to be appointed for a term to expire on the first Tuesday in January 1993 and one lay member and one professional member to be appointed for a term to expire on the first Tuesday in 1994. Upon the expiration of each term, a successor shall be appointed by the Mayor, upon approval of the City Council, to fill such vacancy, for a term of four years. Other vacancies in office shall be filled by appointment of the Mayor, upon the approval of the City Council, for the remainder of the unexpired term, within 60 days after the creation of the vacancy. To the extent available in the greater Sebring area and willing to serve, professional members shall be appointed from the disciplines of Architecture, Landscape Architecture, Accounting, Building Design, History, Architectural History, Planning, Archaeology, Real Estate Development, Law, Building Construction, or other historic preservation related disciplines such as Urban Planning, American Studies, American Civilization, Cultural Geography or Cultural Anthropology. In the absence of the availability or willingness of such professionals, lay persons shall be appointed to the professional positions if they have demonstrated special interest, experience or knowledge in History , Architecture, or related disciplines. SECTION 4. MEETINGS, NOTICE. Commission meetings shall occur at regular intervals, but no less than four times each year. All meetings of the commission shall be open to the public. Minutes of all Commission meetings, including reasons for 6 decisions, shall be kept on file and available for public inspection pursuant to Florida Statutes. All applicants shall be given written notification of decisions of the Commission. Four members shall constitute a quorum for meetings and an affirmation vote of a majority of members present at any meeting shall be necessary for any action to be taken by the Commission. Appropriate local officials, owners of record, and applicants shall be notified of proposed Commission actions. Commission members shall serve without compensation, but shall be reimbursed for expenses necessarily incurred in the performance of their duties, subject to prior approval of City Council. SECTION 5. AUTHORITY OF TI -IE COMMISSION. The Commission is authorized to: (1) Annually elect one of it's members to serve as chairperson and create and fill such other offices as it may deem desirable; (2) Prepare an inventory of all properties within the City having the potential for designation as historic properties; (3) Recommend to City Council specific places, district, sites, buildings, structures or monuments to be designated by ordinance as Historic Properties or Historic Districts; (4) Review applications for Certificates of Appropriateness and approve or deny them; (5) Establish specific guidelines under which certain applications for Certificates of Appropriateness, which do not substantially effect the exterior of a building, may be reviewed and approved or denied by staff; 7 (6) Review proposed alterations, relocations, demolitions and reconstructions of Historic Properties and properties within the Historic District in the City of Sebring; (7) Review proposed National and State Register Nominations within the City of Sebring; (8) Recommend to the City Council when the designation of any area as a Historic District should be revoked or removed; (9) Conduct educational programs on Historic Properties located within the City of Sebring; (10) Make such investigations and studies of matters relating to Historic Preservation in the City of Sebring as may, from time to time, be necessary or appropriate for the purpose of preserving historic resources; (1 1) Seek out state and federal funds for Historic Preservation and make recommendations to the City of Sebring concerning the most appropriate use of any funds so acquired; (12) Submit to the Division of Historical Resources, Department of State, State of Florida, lists of Historic Properties or Historic District to be designated; (13) Perform Historic Preservation activities as an official agency of the City of Sebring Historic Preservation program; (14) On behalf and for the City, receive donations, grants, funds, or gifts of Historic Property, upon approval of the City Council; 8 (15) Review and make comments to any State or Federal Historical Preservation office concerning any other nomination of properties within the City of Sebring to any Register of Historic Places; (16) Recommend zoning and building code amendments for Historic Properties and Districts to the City Council for referral, if it deems appropriate, to the Planning and Zoning Board; (17) Adopt rules for the transaction of it's business and consideration of applications, provide for the time and place of regular meetings and for the calling of special meetings; and (18) Any other function which may be designated by resolution of City Council. SECTION 6. DESIGNATION OF HISTORIC DISTRICTS AND PROPERTIES A. Boundaries of Historic Districts. Boundaries of Historic Districts shall be specified on tax maps and shall be described in the separate ordinances designating such districts. The properties within such Historic Districts shall be evaluated and classified as follows: (1) CONTRIBUTING HISTORIC — more than 50 years old and possessing architectural, cultural or historical significance or contributing character; (2) CONTRIBUTING NON - HISTORIC — less than 50 years old, yet possessing architectural, cultural or historical significance or contributing character; 9 (3) NON - CONTRIBUTING — less than 50 years old and which do not contribute to the historical character of the district. B. Application for Designation. Any historical society, neighborhood association, property owner or group of property owners may apply for designation of a Historic District or a Historic Property upon a form provided by the Commission. Designation may also be instituted by the Commission or the City Council. C. Required Public Hearings. The City Council shall hold a public hearing on each proposed designation. Notice of such hearing shall be published at least once each week for two weeks in a newspaper of general circulation within the City of Sebring and written notice of the hearing shall be mailed to all owners and occupants of the subject properties, all at the expense of the applicant. The last notice shall be published and the notice shall be mailed not less than seven nor more than 20 days prior to the date set for the public hearing. A notice sent by United States mail, postage prepaid, to the last known address of the occupants and owners of the properties, as shown on the latest tax roll and a current utility bill shall constitute legal notification under this ordinance. The notification of the property owners and occupants shall describe the property to be designated, shall set forth the names of the owners of the property and shall provide that a Certificate of Appropriateness will have to be obtained from the Historic Preservation Commission prior to any material change in the appearance of the property if it is so designated. All designations shall be made by City Council by ordinance adopted as provided by law. 10 D. Designations. The criteria for the designation o.f Historic Properties and Historic Districts shall be that such property or districts must have significant character, interest or value as part of the historical, cultural, archaeological, aesthetic, or architectural heritage of the city, and shall meet one or more of the following criteria; (1) HISTORICAL OR CULTURAL SIGNIFICANCE: A. Is associated in a significant way with the life or activities of a major historic person; or B. Is the site of a historic event with significant effect upon the community, city, state, or nation; or C. Is associated in a significant way with a major historic event whether cultural, economic, military, social, or political; or D. Exemplifies the historical, cultural, political, economic, or social trends of the community; or E. Is associated in a significant way with a past or continuing institution which has contributed substantially to the life of the city. (2) ARCI- IITECTURAL SIGNIFICANCE: F. Portrays an era of history characterized by one or more distinctive architectural styles; or G. Embodies those distinguishing characteristics of an architectural style, or period, or method of construction; or 11 H. Is an outstanding work of a prominent designer or builder; or I. Contains elements of design, detail, materials or craftsmanship of outstanding quality or which represent a significant innovation or adaptation to the City's environment; or (3) AESTHETIC SIGNIFICANCE: J. By being part of or related to a subdivision, park, environmental feature, or other distinctive area, should be developed or preserved according to a plan based on a historic, cultural, or architectural motif; or K. Because of its prominence or spatial location, contrasts of siting, age, or scale, is an easily identifiable visual feature of a neighborhood of the city and contributes to the distinctive quality or identity of such neighborhood or the city; or (4) ARCHAEOLOGICAL SIGNIFICANCE: 1. Has yielded, or may be likely to yield, information important in prehistoric history or history. E. Notification of Adoption of Designation. — Within 30 days .following the adoption of the designation, all owners and occupants of each designated Historic Property and of each property within each designated Historic District shall be given written notice of such designation by the Commission, which notice shall apprise said owners and occupants of the necessity of obtaining a Certificate of 12 Appropriateness prior to the undertaking of any material change in appearance of the Historical Property or any property within the historic Districts. F. Notification of Other Agencies. — The Commission shall notify all appropriate agencies within and without the City of Sebring and local historical organizations of such designation. G Moratorium on Building or De.mol.ition Permits Pending Determination of Request for Designation. — If a proposal for designation is being considered, demolition and moving permits in .regard to that property for a period of up to six months while the Commission and City Council considers the appropriateness of designation. The owner of the property shall have the right to obtain a permit, irrespective of the existence of the moratorium, if the owner applies for and obtains a Certificate of Appropriateness from the Commission, as if the property had been so designated. SECTION 7. APPLICATION FOR CERTIFICATE OF APPROPRIATENESS. A. Alterations of Existing Buildings, Sites and Monuments. — After the designation by ordinance of a Historic Property or Historic District, no material change in the exterior architectural features or material change in the appearance of such Historic Property or of any structure, site or monument within such Historic District, shall be made or permitted to be made unless or until application for a Certificate of Appropriateness has been submitted to and approved by the Commission or, under specific conditions, it's staff. All alterations shall conform to the plans submitted and approved, except as provided herein. 13 B. New Construction within Historic District. -- No new construction shall be begun within a Historic District until an application for a Certificate of Appropriateness has been submitted to and approved by the Commission. New construction shall conform in design, scale and setback to the character of the Historic .District as specified in the Commission's Design Guidelines. C. Demolition or Relocation Applications. — Anyone requesting a permit to demolish or relocate a structure within a Historic District or any structure that has been classified as a Historic Property shall first apply to the Historic Preservation Commission for a Certificate of Appropriateness. D. Application. — Applications for Certificates of Appropriateness shall be on such forms as may be designated by the Commission and be accompanied by such drawings, photographs or plans as may be required by the Conunission. The application shall also include the post - demolition and /or relocation plans for the property and the plans and specifications of any building that will replace the structure. E. Delegation of Review Authority. — The Commission may establish specific guidelines within which its staff may issue Certificates of Appropriateness without review by the Commission. Should an application be denied by staff, the same shall be referred to the Commission for further consideration as if it were a new application. F. Review by Commission. — The Commission shall review all applications which are not subject only to staff review and all applications which are not 14 approved by staff within the guidelines established by the Commission for staff approval. After such review, the Commission shall either: (1) Approve the application and issue a Certificate of Appropriateness if it finds that the proposed changes in the appearance would not have a substantial adverse effect on the Historic Property or the Historic District. In making this determination, the Commission shall consider, in addition to any other appropriate factors, the historical and architectural style, general design arrangement, texture and materials of the architectural features involved, and the relationship thereof to the architectural style and pertinent features of the other structures in the immediate neighborhood. or (2) Deny the application and not issue a Certificate of Appropriateness if it finds that the proposed changes in the appearance would have a substantial adverse effect on the esthetic, historic or architectural significance and value of the Historic Property or the Historic District or if it finds that insufficient information, plans or specifications have been submitted by applicant. G. Time Limit on Making Decisions. — A decision shall be made by the Commission within 90 days after the filling of a complete application. Failure of the Commission to act within such 90 days shall constitute approval and a Certificate of Appropriateness will be promptly issued thereafter. This time limit may be waived at any time by mutual written consent of the applicant and the Commission. 15 I -I. Decision of Denial in Writing. -- In the Event the Commission denies the application, it shall state its reasons for doing so in writing, and shall transmit a record of such actions and reasons to the applicant and the City Council. The Commission may also suggest any alternative course of action it believes proper and the applicant, if he or she so desires, may modify the plans and resubmit the application. SECTION 8. APPEALS. Any person adversely affected by any decision of the Commission may appeal such decision to City Council, in writing, within 30 days after the decision is rendered. City Council may approve, modify or reject the decision of the Commission upon such appeal. Appeals from any decision of the City Council may be taken to Circuit Court in the manner provided by law. SECTION 9. VARIANCES. Where by reason of unusual circumstances, the strict application of any provision of this ordinance would result in exceptional practical difficulty or undue economic hardship upon any owner of a property, the Commission may vary or modify strict adherence to said provision so as to relieve the difficulty or undue economic hardship, providing such variance does not detract from the general purpose and intent of this ordinance and so long as the architectural or historic integrity, or character of the property, shall be conserved. In granting such variances, the Commission may impose such reasonable and additional conditions a will, in it's judgment, best fulfill the purpose of this ordinance. An undue economic hardship or exceptional practical difficulty must be unique to a specific property, shall not have been created by an owner or occupant of the property and the granting of the variance must not create a conflict with any other city ordinance. If a property owner is able to demonstrate, 16 to the Historic Preservation Commission's reasonable satisfaction, that a Historic Property, or a structure located in a Historic District, is incapable of earning an economic return on its value, as appraised, and the Commission has otherwise refused to issue a Certificate of Appropriateness for demolition, a variance will be granted and a permit for demolition will be issued after the delay established on the schedule set forth below. Such delay shall begin upon the granting of the variance and a notice shall thereafter be promptly posted on the premises, at a location clearly visible from the street, of sufficient size and language so as to give interested persons within the city, including historical societies or organization, the opportunity to attempt to acquire or otherwise arrange for the preservation of such structure. The delay shall be: A. For buildings rated Contributing Historic 12 months; B. For Buildings rated Contributing Non - Historic 12 months; and C. For buildings rated Non - Conforming no delay, The Commission may at any time during such stay approve a Certificate of Appropriateness, in which event the permit for demolition shall be issued without further delay. SECTION 10. CHANGES IN APPROVED WORK. Any change in work proposed subsequent to the issuance of a Certificate of Appropriateness shall be received by the Commission's staff and, if the staff finds that the proposed change is minimal and does not materially affect the aesthetic character, or is otherwise in accordance with guidelines 17 established by the Commission, it may approve the change, otherwise a new application for a Certificate of Appropriateness will be required. SECTION 11. DURATION OF CERTIFICATE OF APPROPRIATENESS. Certificates of Appropriateness shall be valid for a period of eighteen months and shall be renewable for good cause shown. Any Certificate of Appropriateness upon which construction has not been commenced within six months from the date of issuance shall be canceled and shall be of no further force or effect. SECTION 12. MAINTENANCE AND INTERIOR ALTERATIONS. Nothing in this ordinance shall be construed to prevent the ordinary maintenance of any exterior element of any building or structure which does not involve a change of design, appearance, or material and which does not require a building permit. If the Commission determines that any Historic Property or any structure within a Historic District is endangered by lack of ordinary maintenance and repair to such extent that it detracts from the desirable character of the Historic Property or Historic District, the Commission may request the Building Official, the Code Enforcement Officer or any other appropriate official or agency of the city to require correction of such deficiency under the authority and procedures of applicable ordinances, laws and regulations. SECTION 13. UNSAFE STRUCTURES. In the event the .Building Official determines that any Historic Property or any structure within a Historic District is unsafe, pursuant to the City Code of Ordinances the Building Official will immediately notify the Commission and submit to them copies of his findings. Where appropriate, and in accordance with applicable ordinances the Building Official will attempt to have the structure repaired rather than demolished, and will take into consideration any comments 18 and recommendations by the Commission. The Commission may also endeavor to negotiate with the owner and any interested parties, providing that such actions do not interfere with the .Building Official's duties and within such reasonable time limits as may be established by the Building Official. SECTION 14. EMERGENCY CONDITIONS. :For the purpose of remedying emergency conditions determined to be eminently dangerous to life, health or property, nothing contained herein will prevent the making of any temporary construction, reconstruction, demolition or other repairs to a Historic Property or a structure within a Historic District. Such temporary construction, reconstruction or demolition will take place pursuant to permission granted by the Building Official, and then only for such work as the Building Official may determine to be reasonably necessary to correct such condition. The owner • of a Historic Property or an improvement in a Historic District which is damaged by fire or natural calamity will be permitted to immediately stabilize the improvement and to rehabilitate it later under the procedures required by the ordinance of the City of Sebring, so long as said property is secured to the satisfaction of the Building Official and a permit is obtained to eminence restoration within such time period as deemed reasonable by the Building Official. The owner may request a special meeting of the Commission to consider an application. for a Certificate of Appropriateness which would provide for repairs of a more permanent nature. SECTION 15. DEMOLITION BY NEGLECT. In the event that the Commission reasonably believes that a Historic Property or a structure or building in a Historic District is being demolished by neglect, as defined by this ordinance, the Commission shall notify the owner of record by certified mail of its preliminary findings and it's intent 19 to hold a public hearing within 30 days to determine evidence of neglect. The owner shall have until the time of the public hearing to make necessary repairs to rectify the evidence of neglect as identified in the notice. If the owner fails to rectify the structural, health or safety hazards identified in the initial notice within such 30 days, the Commission shall hold a public heating to consider recommending to the Code Enforcement Officer that the owner be issued a citation for code violation. The owner shall have the right to any rebuttal at that public hearing. If the Commission finds that the structure is being demolished by neglect pursuant to this ordinance, the Commission shall recommend to the Code Enforcement Officer that the owner be issued a citation for code violation and that penalties be instituted pursuant to the Code Enforcement Officer and /or this ordinance. SECTION 16. ENFORCEMENT, VIOLATIONS AND PENALTIES. (1) The Historical Preservation Commission, the City of Sebring Building Official and /or the Code Enforcement Board are hereby designated and authorized to enforce the terms of this ordinance. (2) Any person who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be required to restore the subject improvement, feature or site in accordance with a Certificate of Appropriateness approved by the Commission and shall be punished as provided in Section 1 -8 of the Code of Ordinances of the City of Sebring. SECTION 18. EXISTING BUILDING CODES. Nothing in this ordinance shall be construed as exempting any property owner from complying with existing or future city 20 building codes, nor as preventing any property owner from making any use of his property not prohibited by other statutes, ordinances or regulations. SECTION 19. SEVERABILITY. In the event that any portion of this ordinance shall be declared or adjudged invalid or unconstitutional were not originally a part hereof. SECTION 20. AFFIRMATION OF EXISTING ZONING. This Historical Preservation Ordinance is not a use ordinance and all City of Sebring zoning laws remain in effect unless and until specifically modified. SECTION 21. EFFECTIVE DATE. This ordinance shall take effect immediately upon its passage and approval, as provided by law. PASSED at a regular meeting of the City Council of the City of Sebring, Florida, this 6th day of MarchJ1990. President, City Council City of Sebring, Florida ATTEST: City Clerk This ordinance was adopted by reading at two separate meetings and upon reading on final meeting, after publication in local newspaper and upon hearing being held, this ordinance was duly passed on the 6`h day of March, 1990, and the same is hereby certified to the Mayor for his approval or disapproval. 21