271 -Zoning 1955ZONING ORDIILNCs
CITY O! OXE- 2rC00I :31, 7LA
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• „ '.0r PAp S!D 0ZlORDBZ1 ZONING ORDINANCE — FOR unarm D Rl liISI0fi
CONTENTS
SECTION PAGE
1 Purposes and Authority 1
2 Def2nitions 1
3 Establishing Districts; Providing for Official Zoning Nap 3
4 Rules for Interpretation of District Boundaries 4
5 Application of District Regulations 5
6 Non Csiformin,g Uses and Structures 6
7 Providing for Medals of District Regulations 9
8 Supplementary Regulations 9
9 Administration and Enforcement; Building Permits;
Certificates of Occnps/icy 10
Board. of Adjustment 1k
P®vers end Duties of Board. of Adjustment 16
Appeals from Board of Adjustment 19
Duties of Board of Zoning Administration, Board of 19
of Adjustment, City Commission, and Courts, on Natters
Appeal
14 Fees, urges and lspenses 20
15 Amendments 20
16 Public Notice 21
17 Interpretation and. Validity 21
18 Complaints Regarding Violations 22
19 Penalties 22
20 lffectiye Date 23
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ORDINANCE 10.411..
AN ORDINANCE ESTABLISHING ZONING $ t1LAd'IONS POR THE CITY OF
OKEECHOBEE, BLORIIDA, AND PROVIDING FOR THE ATSCINISTRATION, EN-
70ROMMEET AND AMENDMENT Wig, PURSUANT TO THE PBOviSi{3N8 OP
176, FLORID STATUTES, 1953
B2 IT ORDAINED BY THE CITY COUNCIL 07 THE CITY OP OKEECHOBEE,
PLORIDAJ
Section 1. Purposes and Amthority
This ordinance is adopted in accordance with Chapter 176,
Florida Statutes, 1953, for the purpose of promoting the health,
safety, morals or general welfare of the City of Okeechobee.
Sec a 2. Definitions
For the purposes of this ordinance, certain terms or words
used herein shell be interpreted as follows:
The word "person" includes a corporation or firm as well as
an individual; the singular number includes the plural and the pre-
sent tense the Altars tense; the word "lot" includes the words
"plot or parcel. ;" the term "shall" is always mandatory; and the
words "used" or "occupied" as applied to any land or structure
shall be construed to include the words "intended, arranged, or
designed to be used or occupied."
ACC Y USE OR STRUCTURE: A use or structure customarily its,»
cidental and subordinate to, and located on the same lot with,
the principal use or structure.
APARTMENT HOUSE: 'A building used to house three or more families
living and cooking in individual quarters, but having common ser-
vices furnished by the management cad entrances common to two or
more units.
BOARDINGHOUSE: A building other than a hotel Where lodging and
meals for five or more persons are furnished for compation.
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DIVILLI , SIG-YAMILTz A detached residence designed for or
occupied by one family oar. TWO-FAMILY: A residence designed
for or occupied exclusively by tw families, with separate cook-
ing and housekeeping facilities for each. MULTIPLE- FAMILY: .1► resi..
dance designed for or occupied by three or more families, with
separate cooking and housekeeping facilities for each, with indi-
vidual entrances to units, and without common service facilities
furnished by the management.
FAMILY: One or more persons occupying a single housekeeping unit.
LOT WIDTH: Required minimum width of lot shall be measured at the
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� rear line of the required front yard, but at no portion of the
lot shall the width be less than 8O% of the required minimum.
O7I- 92RBRT PARKING SPLGR: One off-street parking space shall com-
prise not less than 180 square feet with necessary maneuvering
space. Space for maneuvering incidental to actual parking shall
not encroach upon any public way. Every off - street parking space
shall be accessible from a public way.
YARD: An open space on the same lot with a building, unoccupied
and unobstructed from the ground upward except for vegetation,
drives, walkways and the like, except as otherwise provided in
this ordinance. FRONT: L yard. across the full width of the lot,
principal
extending from the foremost part of the =building to the nearest
point on the front line of the lot. SIDE: L yard extending from
the front yard to the rear yard, and from the portion of the
principal building nearest to the adjacent side lot line to said
side lot line. REAR: L yard,iich may be occupied with accessory
buildings and uses except as otherwise provided in this ordinance,
extending the fall width of the lot and from the rearmost point
of the main building to the nearest point on the rear line of the
lot. FENCES, WALLS AND HERS may be permitted in say yard,, or
along the edge of any yard., provided however than no fence, wall
or hedge along the sides or front edge of any front yard shall
be over three feet in height.
STR U : Includes all permanent or temporary, fixed or movable
construction comprising buildings, house trailers, fences, walls,
stands, and signs and billboards erected independently or affixed
to exterior walls, provided however that utility lines and poles
shall not be considered structures for the purposes of this ordi-
nance.
Secs tion Establishing Districts; Providing for Official Zoning
The City of Okeechobee is hereby divided into zones or dis-
tricts as shown on the Official Zoning Map which, together with
all explanatory matter thereon, is declared to be part of this
ordinance. The Official Zoning Map, dated ,'7 1 , shall be filed
in the office of the City Clerk, where it shall be available to
the public during regular office hours. The Official Zoning Map
shall be further identified by the signature of the Mayor, attested
by the City Clerk, sealed with the seal of the City of Okeechobee,
under the words " This id to certify that this is the Official Zon-
ing Map referred to in Section 3 of Ordinance Eo;7 /of the City
of Okeechobee, Ylorida.N
If, in accordance with the provisions of this ordinance and
Chapter 176, Florida Statutes, 1953, changes shall be made in the
district boundaries shown on the Official Zoning Map, or any other
matter portrayed thereon, said changes shall not become effective
until entered on the Official Zoning Map, together with an entry
as follows: on (date) , by official action of the City Com-
mission of the City of Okeechobee, the following changes were made
in this Official Zoning Map, through procedures established in
Ordinance No..._....: (brief description of nature of changes)
This entry shall be signed by the Mayor and attested by the City
Clerk.
No changes shall be made in the Official Zoning Map or in
any matter shown thereon in any manner, or by any person,except
pursuant to the procedures set forth in this ordinance and Chapter
176, Florida Statutes, 1953. Any unamtborized change shall: be oon-
sidered to be a violation of this ordinance, punishable by the
penalties set forth herein.
Regardless of the existence of purported copies of the
Official Zoning Map which may from time to time be made or pub-
lished, the Official Zoning Map in the office of the City Clerk
shall be the final, authority as to the current zoning statue of
lands and structures in the City of Okeechobee.
Section for Interpretation of pis trict Boundaries
Where uncertainty exists with respect to the boundaries of
districts as shown on the Official Zoning Map, the following rules
shall apply:
1. Where district boundaries are indicated as approximately
following the center lines of streets, highways or alleys, each
center lines shall be construed to be each boundaries.
2. Where district boundaries are indicated as approximately
following lot lines, such lot lines shall be construed to be such
boundaries.
3. Where district boundaries are indicated as approximately
following city limits, such city limits shall be construed to be
such boundaries.
4. Where district boundaries are indicated as following rail-
road lines, such boundaries shall be construed to be midway
between the main tracks.
5. Where district boundaries are indicated as approxi-
mately following the center lines of watercourses, said center
lines shall be construed to be such boundaries.
6. Where district boundaries are indicated as being parallel
to or extensions of any of the above, they shall be so construed,
and if distances involved are not indicated, they shall be deter-
mined by the scale of the map.
7. Where the street or property layout existing on the ground
is at variance with that shown on the map, the Board of Adjustment
shall interpret the district boundaries.
Section l. Application of District Regulations,
Except as hereinafter provided:
1. No structure or land shall hereaftBrbe used or occupied,
and no structure or part thereof shall hereafter be erected, con -
stracted, reconstructed, moved or structurally altered unless in
conformity with the regulations herein specified for the district
in which it is located..
2. No structure shall hereafter be erected or altered:
a) to accommodate or house a greater number of families;
b) to occupy a greater percentage of lot area;
c) to have narrower or smaller year yards, front yards,
side yards or other open spaces than herein repaired;
d) or in any other manner contrary to the provisions of
this ordinance.
3. 'Wo part of a yard, off- street parking area, or other space
required about or in connection with any structure for the purpose
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of complying with the requirements of this ordinance shall be
included as apart of a yard, off - street parking space or area,
or other space similarly required for any other structure.
. Ro lot, plot or parcel shall be subdivided or split
is any manner which produces lots of lesser widths or area
than required for the district in which located, except as pro•
vided in Section 5.5.
5. To lot of record in separate ownership which has at
the time of passage of this ordinance lesser width and /or area
than required for the district in which located shall be in
any manner farther reduced in the dimension in *I.& deficient,
provided however that if such lot is vacant it may be divided
and the ownership of all of its parts transferred to owners of
adjacent lots for addition to said adjacent lots, and further
provided that no transfer of part of any eu@t lot may be made
unless all parts are added to adjacent lots, and that ie such
transfer occurs the portions of the lod do not have non - conforming
status as described in Section 6.2.
Section 6 Ron - Conforming Uses and Structures
1. Coatianation of Ron -Confo 3a Usee and Structures
Any lawful use of land or structures existing at the time
of passage of this ordinance, or at the time of any change by amend,.
mast thereifter, may be continued subject to the limitations set
forth below, and no change of title or possession, or right to
title or possession, of property involved shall be construed to
prevent the continuation of each nee.
2. Use of Ron - Conforming Lots of Record
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Notwithstanding the limitations imposed by any other
provisions of this ordinance, any single lot of record at the
time of passage of this ordinance which contains an area or
width less than that required for the erection of a one - family
residence in the district in which located, and which is in
separate ownership at the time of passage of this ordinance,
may be used for the erection of a single - family residence and
customary accessory buildings, provided that yard dimensions
and other requirements shall conform to the regulations for
the district in which the lot is located.
1 single vacant lot, nonconforming as to area or width
and of record at the time of passage of this ordinance, shall
be construed as falling within the meaning of the provisions
of the preceding paragraph even though an adjoining lot con-
taining a principal building maybe in the same ownership.
If two or more adjoining and vacant lots of record at
the time of passage of this ordinance are in single ownership,
and such platted lots individually are too small to meet the
width or area requirements of the district in Mich they are
located, antis groups of lots shall be considered as a single
plot or several plots of minimum sire, and the plot or plots
in one ownership shall be subject to the requirements of this
grnce as to lot area and width.
£ Cbmaes in Non- Conforming Use
No non - conforming use may be changed to any other
nonconforming use unless the Board of Adjustment shall find
that the proposed non- conforming use is no more detrimental
to the district in whidi located than the existing non - conforming
use, and appropriate conditions and safeguards may be required
in connection with such change.
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. Extensions Prohibited
No building or land containing a non - conforming use shall be
hereafter extended unless such extension shall conform to the pro -
visions of this ordinance for the district in which such building i f land is located; provided, however, that a non - conforming use
y be extended throughout those parts of a building which were
nifestly arranged or designed for such use prior to the advent
the non - conforming use status; and within 6 months of the
ssage of this ordinance further provided that in the event the
ner of an existing non - conforming use shall file with the City
Clerk a notice of intent to extend such non - conforming use; such
u a may be extended at any time within ten years after the passage
this ordinance, but not thereafter, subject to the requirements
cGoncerning front, side and rear yards as required elsewhere in the
district.
Reconstruction after Damage
Any non - conforming structure which has been damaged by fire,
plosion, act of God or the public enemy, or other casualty, and
t through any deliberate act or negligence on the part of the
ner or occupant thereof, to the extent of not more than 100% of
ids reproduction cost may be reconstructed and used as before, if it
b so reconstructed and used within two years of the occurrence of
s ch damage.
6 Resumption after Discontinuance Prohibited
No structure or land in or on which a non - conforming use is
discontinued or abandoned and /or superseded by a permitted use for
s x consecutive months, or a total of 24 months or more in any three -
y' ar period subsequent to the enactment of this ordinance, shall
main be devoted to any non - conforming use.
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. Necessary Repairs Permitted
Nothing in this ordinance shall prevent the strengthening
r restoration to a safe, sanitary, or lawful condition of any
art of any building declared unsafe by any duly authorized
Official.
Sec
sn lz District Regulations
District regulations shall be is indicated in the
Schednle of District Regulations, witch is hereby declared
to be apart of this ordinance, and in Section 8 of this
ordinance, entitled "Supplementary Regulations."
Section 8. Stwlementar,Regalatiene
1. Corner Leeks in Residential Districts
W er tee? 3oT in resi(ential districts are platted in
ench a manner as to change the normal yard pattern along either
of the intersecting streets, the required front yard shall be
provided across the end of the lot fronting on the street, and
a yard equivalent to at least half of the front yard, requirement,
but in no case measuring less than 15 feet from the street line,
shall be provided along the fall length of the lot on the side
toward the intersecting street. No portion of any main or ac..
cessory building shall encroach upon this yard.
2. Visibility at Intersections in Certain Dish
On a corner lot in any residential district, nothing shall
be erected, placed, planted or allowed to grow in such a manner
as to materially impede vision between a height of two and :that'
and ten feet above the centerline grade of the intersecting streets
in the area bounded by the street lines of such corner lots and a
line Joining points along said street lines 50 feet from the point
of intersection.
ftpaIrs
., ,Garages, for Sales, Storage and Service; Sales Lots for
New or ,Used Motor Vehicles; Parking Lots; Service Stagy ti_; and
Similar Strictures and. trees
The following limitations shall apply to structures and uses
involving the servicing, storage, repair or sales of motor vehicles:
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a) No public street,' parking, sidewalk or way shall be used
for the storage or parking of motor vehicles in connection
with the activities of such establishments, except for nor-.
mal parking by individual private owners or operators of
such vehicles.
b) No operation in connection with each establishments shall
be conducted in a manner which impedes free flow of vehiaL.
lar or pedestrian traffic in normal courses on public ways.
c) All motor vehicles being handled, stored or repaired by
amch establishments shall be maintained in each condition
that they may be awed under their own power at any time,
except such vehicles as may be Hader repair in garages or
other buildings as provided in item d, below.
d) No repair of motor vehicles or parts thereof shall be made
except within garages, service stations, body shops, or
enclosed
others buildings provided for each purposes, and no storage
of pasts of motor vehicles shall be other than in an enclosed
building.
Section 9. Administration and Bnforcenent; Building Permits; Certifi-
cates of Occupancy
1. Board of Zoning Administration; Building Official
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Until such time as the City of Okeechobee shall appoint a building
official, administration and enforcement of this ordinance shall be
the responsibility of the Board of Zoning Administration. If a building
official is hereafter regularly appointed., the duties of the Board of
Zoning Administration shall be transferred to said building official,
and said Board shall be terminated.
The Board. of Zoning Administration shall consist of three members
properly qualified to read maps and bineprints and to inspect °metric..
tion. The Board shall be appointed in accordance with such terms as
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the Ci y Commission may establish, and shall serve for periods of
three ears, provided that in the appointment of the first Board,
one me ber shall be selected to serve for one year, one for two,
and on for three. Members may be removed from office for cause
upon w itten charges and after public hearing if requested. Va-
cancie occurring by resignation or for other causes shall be
filled by the City Commission for the unexpired period of office
of the member affected.
The Board of Zoning Administration shall administer and en-
force this ordinance. Its duties shall include receiving applica-
tions, inspecting premises, and issuing building permits and cer-
tifies es of occupancy.
1{ the Board of Zoning Administration shall find that any
of the provisions of this ordinance are being violated, notifi-
cation in writing shall be Celivered to the person responsible
for such violation indicating its nature and ordering the actibnr,
necess ry to correct it. The Board of Zoning Administration may
order iscontinuance of all or part of th3 use of lands and buil-
dings to the extent that such use is in violation of the terms of
this o dinance; removal of buildings, alterations, or other struc-
tures or structural changes; discontinuance of any work being done;
or shall take such other action as is necessary to insure compliance
with tiis ordinance.
Any action of the Board of Zoning Adjustment shall have effect
which has the concurrence of two of its members .
...� . Building Permit Required
building or other structure shall be erected, moved, added
to, or{ structurally altered without a permit therefor, issued by the
City Council. All applications for building permits shall be in
accordance with the requirements of this ordi-
nano. Unless upon written order of the Board of Adjustment, no
building permit shall be iswied except in complete conformity with
the provisions of this ordinance.
l lication for Bni1 4Mg Permit
All applications for building permits shall be accompanied
by plans in duplicate, drawn to scale, showing the actual dimen-
sions and shape of the lot to be built upon; the exact sizes and
locations on the lot of buildings already existing, if any; the
location and dimensions of the proposed building, addition or
alteration; existing or proposed uses of the building and land;
the number of families, housekeeping units or rental units the
building is intended to accommodate, and such other matters as
may. be necessary to determine conformance with, and provide for
the enforcement of, this ordinance.
One copy of such plans, if approved, shall be so marked by
the Board of Zoning Administration and returned to the applicant,
and one copy shall be retained by the Board.
4. Certificate of Occupaaery
or s rncture
No buildingthereafter erected, structurally altered, moved
or extended shall be used or occupied, and no land or structure
(excepting agricultural lands) shall be waged in use until a
certificate of occupancy shall have been issued by the Board of
Zoning Administration, stating that the proposed use of the struc-
ture or land conforms to the requirements of this ordinance.
NO non- conforming use shall be maintained, renewed, changed
or extended until a certificate of occupancy shall have been is-
sued by the Board of Zoning Administration stating specifically
the matters wherein the non - conforming use differs from the pro-
visions of this ordinance.
Certificates of occupancy for conforming uses shall be ap-.
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plied for at the same time as the building permit application, and
on the same form. Such certificates shall ba i sued. within three
days after work has been completed in conformity with the provisions
of this ordinance, and upon written request to the Board. of Zonfag
Administration.
Application for certificates of occupancy for non- conforming
U808 shall be made to the Board of Zoning Administration within
three months after adoption of this ordinance or of any amendment
under which non - conforming status is created for existing uses. Af-
ter said three -month period, failure to have made each application
shall be presumptive evidence that the property was not in non- cpnforma.
ing use at the time of adoption of or amendment to this ordinance.
A temporary certificate of occupancy may be issued by the Board
of Zoning administration for a period not exceeding six months daring
alterations or partial occupancy of a structure pending its completion,
provided that such temporary certificate may require each conditions
and safeguards as will protect the safety of the occupants and the
public.
No permit for erection, alteration, moving or repair of any
building shall be issued until am application has been made for a
certificate of occupancy.
The Board of Zoning Administration shall maintain records of
all certificates of occupancy, and copies shall be furnished upon
request to any person having and interest as proprietor or tenant
in the premises affected.
lxpiration of Building Permit; Special. Building Pr ermit
If the work described in any building permit has not been be-
gun within 90 days from the date of issuance thereof, said permit
shall expire and be cancelled by the Board. of Zoning Administration,
and notice thereof shall be given in writing to the persons affected,
together with notice that haft= work as proposed under the permit
may not proceed unless and until a new permit has been issued.
If the work described in any building permit has not been sab-
stantiaily completed within one year of the date of issuance there.
of, said permit shall expire and be cancelled by the Board of Zoning
Administration, and notice thereof shall be given in writing to the
persons affected, together with notice that further work as described
in the cancelled permit shall not proceed unless and until a special
building permit has been obtained.
At the discretion of the Board of Zoning Administration, such
special permit may be based on the original application or may re-
quire a new application. The special permit may include limitations
on time allowed for substantial completion of the work, and provisions
for a performance bond to insuae each completion within the time limit
set.
In the discharge of its duties, the Board, of Zoning Administra.,
tion is empowered to enter upon and inspect any premises, and to a-
dopt such regulations as to its procedures as it may deem necessary,
subject to the approval of the Cit, Commission.
Section 10. Board of Adjustment
A Board of Adjustment is hereby established, which shall con-
sist of five members appointed by the City Commission, each for a
term of three years. Members of the Board of Adjustment may be re-
moved from office by the City Commission for cause upon written
charges and after public hearing if requested. Vacancies occurring
in the membership of the Board. of Adjustment shall be filled by the
City Commission for the unexpired term of the member affected.
1. proceedings of the Board of Adjustment
The Board of Adjustment shall adopt rules necessary to the
conduct of its affairs, and in keeping with the provisions of this
ordinance. Meetings shall be held at the call of the chairman and
at such times as the Board may determine. The chairman, or in hie
absence the acting chairman, may administer oaths and compel the
attendance of witnesses. 111 meetings of the Board shall be open
to the public.
The Board, of Adjustment shall keep minutes of its proceedings,
showing the vote of each member upon each question, or if absent or
failing to vote, indicating such fact, and shall keep records of
its examinations and other official actions, all of which shall be
immediately filed in the office of the Board, and shall be a public
record.
2. 1 eats; HearlaV Notice
Appeals to the Board of Adjustment may be taken by any person
aggrieved or by any officer or bureau of the governing baby of the
City of Okeechobee affected by any decision of the Board of Zoning
Administration. Such appeal shall be taken within a reasonable time
by filing with the Board of Zoning administration and with the Board.
of Adjustment a notice of appeal, specifying the grounds thereof. The
Board. of Zoning Administration shall forthwith transmit to the Board
of Adjustment all papers eonstitating the record upon which the me.
tion appealed from was taken.
The Board of Adjustment shall fix a reasonable time for the
hearing of the appeal, give panic notice thereof as well as due
notice to the parties in interest, and decide the same within a
reasonable time. At the hearing, nary party may appear is person or
by agent or by attoaney;
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Islam of Proceedings
• An appeal stairs all proceedings in furtherance of the action ap-
pealed from, unless the Board of Zoning i bidmistration(or officer)
from whom the appeal is taken certifies to the Board of Adjustment
after the notice of appeal has been files that by reason of facts
stated in the certificate a stay would, in the opinion of the Board
of Zoning Administration (or officer) cause imminent peril to life
and property. In such case proceedings shall not be stayed otherwise
than by a restraining order which may be granted by the Board of
Adjustment or by a court of record on application, on notice to the
Board of Zoning Administration (or officer) from whom the appeal
is taken, and on tine cease shown.
Section ll. Powers and Duties of the Board of Adjustment
The Board of Adjustment shall have the following powers and
duties:
1 • Administrative Sevier
To hear and decide appeals where it is alleged there is error
in any order, requirement, decision, or determination wade by the
Board of Zoning Administration (or officer) in the enforcement of
this ordinance. Such appeals shall include appeals from decisions
of the Board of Zoning Administration to refuse permits for struc-
tures or uses on grounds that the intended structure or use maid
be dangerous or offensive because of odor, smoke, noise, glare,
Mates, gas, fire or vibration, or hazardous because of exceptional
danger of fire or explosion. In deciding appeals on such classes of
cases the Board of Adjustment shall not reverse the decision of the
i of Zoning Administration (or officer) unless it finds that
the proposed structure or see will be no more dangerous, hazardous,
or offensive in its operation than permitted principal strictures
or uses (other than non.•conforming structures or uses) of a similar
nature in the same district.
2. Iveciallagoptlens and. Determinations
To hear and decide special exceptions to the terms of this
ordinance as specified in this ordinance, and to make decisions
concerning special questions upon which the Board of Adjustment is
apecifioaUr authorised to pass under the terms of this ordinance.
Variances; Conditions toverninn Applications aarta Procedures
To authorise upon appeal in specific cases such variance from
the terms of this ordinance as will not be contrary to the public
interest, where, owing to special conditions, a literal enforcement
of the provisions of this ordinance will result in unnecessary hardship.
The Board. of Adjustment may not issue a variance from the terms
of this ordinance unless and until:
a) An application for such variance has been received, stating
folly the apecial circomatances or conditions applying to
the land or structure for which such variance is sought,
which circumstances or conditions motet be peculiar to
each land or structure and not apply generally to neigh-
boring lands or structures in the same district. The appli-
cation shall farther demonstrate that the existing circum-
stances and conditions are such that the strict application
of the provisions of this ordinance would deprive the ap••
plicant of reasonable use of said land or structure, 0014.
Talent to the uae "made of conforming lands and structures
in the same district, and that the peculiar circumstances
and conditions are not the result of the actions of the
applicant. No non - conforming use of neighboring lands o1 ;rte
structures shall be considered as grounds for issuance of
a variance permitting similar uses.
b) Pablie Mice lehell.be given of a public hearing, and in ad..
ditioa written notice shall be given to the owner or his a.
gent and,, in so far as practicable, to directly affected
property miners.
e) The public hearing shall be held, at vhioh eq person stir
appear bT agent or by attoraaepr.
d) The Board of Adjustment shall, find that special circumstances
or conditions exist which are peculiar to the land or build.
Sag or other structure for whieh the variance is sought and
do not apply generally to neighboring lands or structures
in the sauce districtt that strict application of the provisions
of this ordinance weed deprive the applicant for variance
of reasonable use of the land or building or other structure
for tdtieh the variance is sought, egtnivalent to the use made
of neighboring conforming lands or structures in the same
district; and that the peculiar oonditions and circumstances
existing are not the result of actions of the applicant.
e) The Board of Adjustment shall find that the reasons set forth
in the application justify the granting of a variance, and
that the variance grunted, or proposed to be granted, is the
minimum variance that will make possible the reasonable use
of the land or structures, equivalent to the use made of
neighboring leads and buildings in the same district.
f) The Board. of Adjustment shall fird that the granting of the
variance will be in harmony with the general purpose and
intent of this ordinance, and will not be injurious to the
neighborhood or otherwise detrimental to the public welfare,
Under no circumstances shall the Board of Adjnstaent issue a
variance permitting a use not generally or provisionally permitted
in the district involved, or any nse expressly or impitedty prohibited
by this ordinance in said district.
In granting any variance, the Board of Adjustment mar prescribe
any conditions and safeguards it deems necessary or desirable, and
violation of each conditions or safeguards, When made a pest of the
tuns meder vhich the variance is granted, shall be deemed violation
of this ordinance.
Decisions of the Searljd Adjuitmant
Is exorcising the above mentioned posers, the Board of Adjust.
meat may, in conformity with the provisions of this ordinance, re-
verse or affirm, wholly or partly, or many modify the order, reguire-
memt, decision or determination appealed from and may make each or-
der, requirements, decision. or determination as ought to be made, and
to that end shall have all the posers of the Board of Zoning Admini-
stration (or officer) from Whom the appeal is taken.
The concurring vote of four members of the Boatel of Adjastaent
shall be necessary to revere. any order, requirement, decision or
determination of the Board. of Zoning Administration (or officer) or
to decide in favor of the applicant on any matter upon *blob it is
repaired to peas under this ordinance, or to effect agy variation
in the application of this ordinance,
Section ] Anneals fpm Bo of Adjustment
Aay perm, or any taacpgrer, board, department or bureau, of
the City of Okeechobee aggrieved by any decision of the Bowl of
Adjustment may appeal from each decision to a court of record to
the manner prescribed by the laws of the State of Florida, and par•
titularly by Chapter 176, Florida Statutes, 1953.
Section 13., Duties of Board of Administration, Board of
s wte oa ie "•` ..s eta Iattars of
It is the intent of this ordinance that all qaestions arising
la connection vie the enforcement or interpretation of this ordinance
ce
(except as otherwise expressly provided in this ordinance) shall be
first presented to the Board of Zoning Administration (or officer) sad
that ooh questions shall be presented to the Board of Adjustment only
on anal frog the Board of Zoning Administration (or officer) and that
tOoa the decisions of the Board of Adjastment, recourse shall be to the
courts, as provided by l ear.
It lo farther the intent of this ordinance that the duties of the
City Commissioa in connection with this ordinance shall not Lucinda
hearing and passing on disputed questions which may arise concerning
its eaforcemment or imterpretaidos, but that the procedure for deter -
mining each questions shall be as hereinbefore stated in this section,
and the duties of the' City Commission in oossection herewith shall be
only in the natter of considering and passing upon any proposed anendr.
most or repeal of this ordinance as provided by lax,
Section 14, lie ss, Charges, and ,Xineases,
Schedules of fees °bar Mane on
, gee and expenses, and costs nd a the
collection thereof shall be established by the City Commission ani
posted in the office of the City Cloutss each schedules and regulations
may be ameaded or repealed by the City Commission.
Be permit, certificate, exception or variance shall be issued
toeless er moil snch costs, charges, fees or expenses as new be estab-
lished shall have been paid in fall, nor shall ear action, be taken on
proceedings before the Board. of Adjustment unless or until preliminary
charges and tees shall have bees paid in fall,
Rio$ . Amemanionts
The regulations, restrictions and boundaries set forth in this
ordinance may be from time to time amended, suppleasentsd, Changed or,
r
repealed, provided, however, that no such action nor be taken until
after a public hearing in relation thereto, at tlhich parties in in-
terest and citizens shall have an opportunity to be heard. At least
fifteen deys d notice of the time and place of such hearing shall be
published in a newspaper of general circulation in the lity of Okee-
chobee.
In case, however, of a pretest against sueh Change steed by
the owners of twenty percent pr mere either of the area of the lots
included in each proposed change, or of those immediately adjacent
in the rear thereof extending 500 feet therefrom, or of those direct-
ly opposite thereto extending 500 feet from the street frontage of
such opposite lots, such amendments shall not become effective ex-
cept by the favorable vote of three fourths of the governing body
of the City of Okeechobee.
Section Z. lip c No otice
aifteen days' notice of the time and place of public hearings
relating to amendments, supplements, or changes in this ordinance,
and ten days' notice of the time and place of hearings in connection
with appeals procedures before the Board of .Adjustment shall be pub -
lishsd in arnewapapere of general circulation in the City of Okeecho-
bee as ',public notice. In addition to the publisheoi notice required
above, When premises are involved in amy hearing under the provilions
of this ordinance, notice shall be posted conspicuously on said premi-
ses, for the period of time between publication of public notice and
the hearing.
Ssotion li Interpretation and n validity
In their interpretatton and application, the provisions of this
ordinance shall be held to be minim"' requirements, adopted for the
promotion of the public health, safety, morals or general welfare.
• #~
Wherever the requirements of this ordinance are at variance with the
requirements of any other lastU11T adopted roles, regulations or ordi-
nances, restrictions or covenants, the most restrictive, or that in..
posing the higher standards, shall govern.
Should. any *ection or provision of this ordinance be declared
by the courts to be unconstitutional or invalid, such decision shall
not affect the validity of the ordinance as a *bole, or any part
thereof other than the part so declared to be unconstitutional.
Section 18. Complaints Regarding Violations
Whenever a violation of this erdinsaoe occurs, or is alleged to
have occurred, any person may file a complaint is regard thereto,
which complaint shall be filed with the City Clerk for transmission
t® tbe.Board of Zoning .Administration, or in the event of appointment
of a building official superseding the Board of Zoning administration,
such complaints shell be filed with the building official. the Beard
of Zoning Administration (or officer) shall properly record such comm.
plaint and immediately investigate and take action thereon as the
circumstan*ss warrant.
Sectioxml204malties
Any person. Who shall violate any of the provisions of this
who shall
ordinance or fail to comply with any of its requirements, or. =build
or alter any building contrary to intent expressed and approved,
shell, upon conviction thereof, be fined not more than $500 or in.-
prisons,' for a period of not to exceed'thirty days, or both, and
each day such violation continues shall constitute a separate offense.
The owner of any building or premises or part thereof where any 110-
lotion of this ordinance shall occur, and any architect, builder, con.
tractor, agent, person or corporation employed in connection with shah
.t
-23 -` i s
violation who shall be found .guilty of participating therein shall
be gui
lty of a separate offense, and suffer the penalties herein
provided.
Seetio
be,
20. Effective Date
All ordinances and parts of ordinances in conflict herewith,
the same are hereby repealed. Section
. This
ordina ce will take effect upon its due passage according to law.
ssed first reading at a meeting of the City Council held
on the Q / day ofsr , 1955.
Councilman /(�. C�. -�'' moved that all rules be
waived, and that said Ordinance No. A7/ , be pl
its final passage, which was unanimously agreed to
ssed in regular, adjourned session, this
of //c x-✓ , 1955.
A TTY, S
CITY CLERK
CITY OF OKE''CHOB,
resident, City
Approved by me, this the 022 day o
1955
MAYOR CITY OF OKEECHOBEE, FLI.IDA
Approvled as to form and correctness this the c / day of
, 1955.
CITY ATTORNEY